Agenda – SEC Regulatory Hearing 06/17/2010 1 

### SEC Meeting Agenda June 17, 2010

The State Environmental Commission (SEC ) will hold a regulatory hearing on Thursday, June 17, 2010 at 10:00 am. The hearing location is the Nevada Department of Wildlife's Conference Ro om A, 1100 Valley Road, Reno, Nevada. Unless otherwise stated, items may be ta ken out of the order presented on the agenda at the discretion of the chairperson.

The purpose of the hearing is to receiv e comments from all interested persons regarding the adoption, amendment, or repeal of the following regulatory petitions and related SEC business.

1) Approval of minutes for 10/06/09 and 12/09/09 SEC hearings * Action Item

2) Settlement Agreements, Air Quality Violations * Action Item

 Advanced Refining Concepts, LLC

 WorldColor Fernley

 21st Century Environmental Management of Nevada, LLC

 Bango Oil, LLC

3) Air Quality Violation: Zeox Minera l Materials Corporation (Ash Meadows, LLC): * Action Item The Commission will determine the appropriate penalty for

the violation contained in the Notice of Alleged Air Quality Violation and Order (NOAV) No. 2225.



### Safe Drinking Water

4) Regulation R061-10: Safe Drinking Water Adoption by Federal Reference:

* Action Item The Nevada Division of Environmental Protection (NDEP) is proposing to update its ad option by reference date in NAC 445A for regulations that have been promulgated by the U.S. Environmental Protection Agency (U.S. EPA) from July 1, 2006 to July 1, 2009.

Nevada’s Safe Drinking Water Program regulates public water systems using a combination of State regulations and the National Primary Drinking Water Regulations (NPDWR) adopted by referenc e. The U.S. EPA has granted the NDEP primary enforcement responsibility fo r the NPDWR. In order to maintain primary enforcement responsibility, the NDEP must adopt regulations that are at least as stringent as new or amen ded federal regulations. In part, theAgenda – SEC Regulatory Hearing 06/17/2010 2 proposed amendments adopt the new fede ral Ground Water Rule and the Lead and Copper Rule Short-Term Revisions an d Clarifications. The Lead and Copper Rule is a current regulation implemen ted by the NDEP. These amendments are considered necessary to maintain Primary Enforcement Responsibility for NDEP's Bureau of Safe Drinking Wate r's (BSDW) federal program elements. Additionally, changes are proposed to enhance a BSDW safe drinking water program element, and provide "cleanup" and clarification of existing regulations.

The regulations will not have an imme diate or long-term adverse economic impact on the public or the business co mmunity. It should be noted, however, that some provisions of the federal regu lations to be adopted by reference will

have a small cost associated with im plementation including monitoring and public notification for some small busi nesses, but this cost will be nominal.

There will be no additional cost to the agency for enforcement of the proposed regulation and the regulation does not ov erlap, duplicate or conflict with any regulations of other government agenci es. The regulation does not address

fees.



### Air Quality Planning / Air Pollution Control

5) Regulation RO40-10: Repeal of Ne vada Clean Air Mercury Rule Program (CAMR): * Action Item The Nevada Division of Environmental Protection (NDEP) is proposing to repeal the Nevada Clean Air Mercury Rule Program by removing
NAC 445B.3711 to 445B.3791, inclusive, an d all references to the program throughout Chapter 445B of the Neva da Administrative Code (NAC). This program was established in 2006 in response to a federal requirement for states to control mercury emissions from coal-fired electric generating units at power plants. In February 2008, the U.S. Court of Appeals for the District of Columbia struck down the federal Clean Air Mercury Rule (CAMR) in New Jersey v. Environmental Protection Agency . Thus, the federal requirement for the Nevada CAMR program no longer exists

Repeal of this regulation will not ha ve an immediate or long-term adverse economic impact on the public or the business community. There is no additional cost to the agency for repeal ing this regulation as the regulation does not overlap, duplicate or conf lict with any regulations of other government agencies.

6) Regulation R022-10: Alternative Fuels in Fleets: * Action Item This regulation amends Chapter 486A of the Nevada Administrative Code (NAC) to reflect recent changes made in statute by the Nevada Legislature (i.e., S.B. 332). The proposed changes clarify in regu lation both the types of alternative fuels and vehicles that will comply with the Alternative Fuels in Fleets program. The regulation addresses vehicle acquisition and fuel use requirements, reporting requirements, and program applicability. Overall theAgenda – SEC Regulatory Hearing 06/17/2010 3 proposed regulation will provide more fl exibility to respond to changes in the

alternative fuels and low em ission vehicles markets.

Specifically, the proposed regulation a dds hybrid electric vehicles and clean vehicles as meeting the requirements of the program, while it exempts fleets that are subject to the federal Energy Policy Act alternative fuels program, along with vehicles that are used for fire, law enforcement, emergency response and military purposes. It requ ires the fleet operator to submit a statement outlining the procedures and in ternal controls to ensure alternative fuels are used. The proposed regulation also specifies the conditions under

which the State Environmental Commi ssion may grant a variance from provisions of the program (i.e., it extend s the duration of a variance from 12 to 36 months).

The proposed regulation does not overla p or duplicate any regulations of other state or government agencies as it spec ifically exempt fleets that must comply with the Energy Policy Act, a federal program that the State's program would otherwise duplicate. The regulation does not address fees and will not have an immediate or long-term adverse economic impact on the public or the business community. The regulation does not affe ct businesses, only state and local government fleets located in Clark and Washoe Counties.

7) SEC Form 6 - Variance Request Ma ndating Use of Alternative Fuels:

*Action Item Laws and regulations in Nevada mandate the purchase of alternative fueled vehicles by governme nt fleets. To allow certain exceptions to this obligation, in 2009 the Nevada Legislature passed S.B. 332, which amended NRS 486A.150. The legislation no w requires the State Environmental Commission to establish a procedure for approving variances to the acquisition of alternative fueled vehicles by go vernment fleets. These procedures are detailed in the proposed draft variance request, SEC Form 6.



### Other SEC Business

8) Administrator's Briefing to the Commission: Non-Action Item NDEP's Administrator will provide the Commission with informational updates about staffing changes at NDEP, the ne w state budgeting initiative and the permitting process for the Jungo landfill.

9) Public Comment: Non-Action Item Public comment may be limited to ten minutes per person at the discretion of the Chairperson. (S ee AG Open Meeting Law Manual, pages 58 & 81, http://ag.state.nv.us/public ations/manuals/omlmanual.pdf )

Additional Information Persons wishing to comment on th e proposed actions of the State Environmental Commission (SEC) may appear at the scheduled public hearing or

address their comments, data , views, or arguments in written form to: State
Environmental Commission, 901 South Stewart Street, Suite 4001, CarsonAgenda – SEC Regulatory Hearing 06/17/2010 4 City, Nevada 89701-5249. The SEC must re ceive written submissions at least five days before the scheduled public hearing.

If no person who is directly affected by the proposed action appears to request time to make an oral presentation, the SEC may proceed immediately to act upon any written submissions.

Members of the public can inspect copies of the regulations to be adopted at the State Library and Archives in Carson City (100 Stewart Street), and at the offices of the Division of Environmental Protection in Carson City and Las Vegas. The Carson City office is locate d at 901 South Stewar t Street, Suite 4001 and the Las Vegas office is locate d at 2030 E. Flamingo Rd., Suite 230.

As required by the provisions of chap ters 233B and 241 of Nevada Revised Statutes, the public notice and this agenda are posted at the following locations: the Bryan Building (901 South Stewart Street, Carson City, Nevada);

the offices of the Division of Environm ental Protection in Las Vegas (2030 E. Flamingo Rd. Suite 230), at the State Libr ary and Archives building in Carson City (100 Stewart Street), and at the Nevada Department of Wildlife (1100 Valley Road, Reno, Nevada).

In addition, copies of the public notice and this agenda have been deposited electronically at major library branches in each county in Nevada. This agenda and the text of the proposed regulati ons are also available on the State Environmental Commission's website at: SEC.NV.GOV. All of the proposed regulations denoted in this notice, includ ing previous drafts, are also posted on the Legislative Counsel Bureau's website at: www.leg.state.nv.us/register

.

Members of the public who are disabled and require special accommodations or assistance at the meeting are requested to notify, in writing, the Nevada State
Environmental Commission, in care of Jo hn B. Walker, Executive Secretary, 901
South Stewart Street, Suite 4001, Cars on City, Nevada 89701-5249, facsimile (775) 687-5856, or by calling (775) 687-9308, no later than 5: 00 p.m. on June
09, 2010.