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Public Notice – SEC Regulatory Hearing 12/07/2010

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 Notice of Regulatory Hearing 

Adoption of Regulations and Other Matters Before the 

State Environmental Commission 

The State Environmental Commission (SEC) will hold a regulatory hearing on 

Tuesday, December 7, 2010 at 9:30 a.m. The hearing location is the Nevada 

Department of Wildlife's Conference Room A, 1100 Valley Road, Reno, Nevada. 

The purpose of the hearing is to receive comments from all interested persons 

regarding the adoption, amendment, or repeal of the following regulatory 

petitions and related SEC business. 

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Water Quality Planning * Action Item 

R129-10: Water Quality Standards for Class D Waters & Removal of Legal 

References for Certain Tribal Waters: This regulation proposes changes to 

Water Quality Standards for Class D waters and removal of Nevada 

Administrative Code references to Tribal waters on the Fort McDermitt Indian 

Reservation. When the Nevada Division of Environmental Protection (NDEP) 

updated the Class Waters to the E. coli bacteria standard in 2008, EPA required 

Nevada to perform an assessment of the Class D waters, which do not have 

contact recreation as a beneficial use, to determine if the waters would now 

meet the fishable/swimmable goal of the Clean Water Act. NDEP is proposing 

to add contact recreation and the associated bacterial water quality standard 

to four segments of the Class D waters. 

The State of Nevada water quality regulations are not applicable to 

waterbodies on tribal lands. As a sovereign nation, the Fort McDermitt Paiute 

and Shoshone Tribes are responsible for regulating the water quality of the 

river within the boundaries of their land. Changes are proposed to the NAC to 

remove the segments of these reaches that are on tribal lands. 

This regulation will not have an immediate or long-term adverse economic 

impact on the public or the business community. There will be no additional 

costs to the agency for enforcement of the proposed regulation and the 

regulation does not overlap, duplicate or conflict with any regulations of other 

government agencies. The regulation does not address fees. 

Air Quality Planning / Air Pollution Control * Action Item 

P2010-11: Air Pollution Control New Public Notice Provisions For Class II Air 

Permits: The Nevada Division of Environmental Protection (NDEP) is proposing 

to amend one section in the air permitting provisions of NAC 445B, which deals 

with Class II permit applications. The proposed temporary regulation addresses
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Public Notice – SEC Regulatory Hearing 12/07/2010

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public noticing requirements and the timeline for agency action on 

applications. 

Specifically, the regulation would require the Director to act on all Class II 

permit applications within 60 days after the official date of submittal and 

would streamline the public notice timeline for Class II applications. It would 

require all new Class II air permit applications and all applications for a 

modification (to an existing Class II source) that exceeds a certain threshold be 

made available for public notice. These regulatory changes respond to U.S. EPA 

comments on the approvability of the NDEP’s public notice provisions into 

Nevada’s applicable State Implementation Plan. The proposed amendments 

are necessary to align state regulations with the federal Clean Air Act and U.S. 

EPA rule requirements. 

This temporary regulation will not have an immediate or long-term adverse 

economic impact on the public or the business community. The regulation does 

not overlap, duplicate or conflict with any regulations of other government 

agencies. There will be additional costs to the NDEP to administer the new 

public notice provisions for all new permit applications and for all 

modifications that exceed specified thresholds. The agency will bear these 

costs, at this time; no new fees are being proposed. 

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Administrative Services * Action Item 

R115-10: Financial Assistance for Construction of Wastewater Treatment & 

Pollution Control Projects: This regulation would amend NAC 445A. Proposed 

revisions to the regulation govern financial assistance for construction of 

wastewater treatment & pollution control projects. Revisions to the regulation 

are intended to make the Clean Water and Drinking Water State Revolving Fund 

more consistent with program elements such as the Division of Environmental 

Protection's Priority List and the Intended Use Plan. 

The proposed revisions also remove the requirement that project design be 

completed prior to project funding. The removal of this requirement will allow 

communities, which cannot afford up front engineering cost, to utilize state 

revolving funds for such activities. The proposed regulation also removes 

confusing language for calculating fixed amounts for planning and design costs. 

This regulation will not have an immediate or long-term adverse economic 

impact on the public or the business community. There will be no additional 

costs to the agency for enforcement of the proposed regulation and the 

regulation does not overlap, duplicate or conflict with any regulations of other 

government agencies. The regulation does not address fees. 
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Public Notice – SEC Regulatory Hearing 12/07/2010

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Additional Information about the meeting process 

Persons wishing to comment on the proposed actions of the State 

Environmental Commission (SEC) may appear at the scheduled public hearing or 

may address their comments, data, views, or arguments in written form to: 

State Environmental Commission, 901 South Stewart Street, Suite 4001, Carson 

City, Nevada 89701-5249. The SEC must receive 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 located at 901 South Stewart Street, Suite 4001 

and the Las Vegas office is located at 2030 E. Flamingo Rd. Suite 230. 

As required by the provisions of chapters 233B and 241 of Nevada Revised 

Statutes, the public notice for this hearing was posted at the following 

locations: the Bryan Building (901 South Stewart Street, Carson City, Nevada); 

the offices of the Division of Environmental Protection in Las Vegas (2030 E. 

Flamingo Rd. Suite 230), at the State Library and Archives building in Carson 

City (100 Stewart Street) and the Nevada Department of Wildlife in Reno (11 

Valley Road). 

In addition, copies of this notice have been deposited electronically at major 

library branches in each county in Nevada. This notice and the text of the 

proposed regulations are also available on the State Environmental 

Commission's website at: http://www.sec.nv.gov/index.htm. All of the proposed 

regulations denoted in this notice, including previous drafts, are also posted on 

the Legislative Counsel Bureau's website at: http://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 John B. Walker, Executive Secretary, 901 

South Stewart Street, Suite 4001, Carson City, Nevada 89701-5249, facsimile 

(775) 687-5856, or by calling (775) 687-9308, no later than 5:00 p.m. on 

November 29, 2010.