__________________________________________ Public Notice – SEC Regulatory Hearing 12/07/2010 1 

### 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 receiv e 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 th e 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 th e Clean Water Act. NDEP is proposing

to add contact recreation and the associ ated 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 land s. 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 imme diate 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 re gulation and the regulation does not overlap, duplicate or conflict with any regulations of other government agencies. The regula tion does not address fees.



### Air Quality Planning / Air Pollution Control * Action Item

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

Permits: The Nevada Division of Environmen tal Protection (NDEP) is proposing to amend one section in the air permitti ng provisions of NAC 445B, which deals with Class II permit applications. The proposed temporary regulation addresses__________________________________________ Public Notice – SEC Regulatory Hearing 12/07/2010 2 public noticing requirements and th e timeline for agency action on applications.

Specifically, the regulation would re quire the Director to act on all Class II permit applications within 60 days afte r 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 appl ications and all applications for a modification (to an existing Class II sour ce) that exceeds a certain threshold be made available for public notice. These regulatory changes re spond to U.S. EPA comments on the approvability of the ND EP’s public notice provisions into Nevada’s applicable State Implementati on 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 cost s to the NDEP to administer the new public notice provisions for all new permit applications and for all modifications that exceed specified th resholds. 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 Cons truction of Wastewater Treatment & Pollution Control Projects: This regulation would amend NAC 445A. Proposed revisions to the regulation govern fina ncial assistance for construction of wastewater treatment & pollution control projects. Revisions to the regulation

are intended to make the Clean Water an d 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 fron t engineering cost, to utilize state revolving funds for such activities. The proposed regulation also removes confusing language for calculating fixed am ounts for planning and design costs.

This regulation will not have an imme diate 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 re gulation and the regulation does not overlap, duplicate or conflict with any regulations of other government agencies. The regula tion does not address fees.__________________________________________ Public Notice – SEC Regulatory Hearing 12/07/2010 3 Additional Information about the meeting process

Persons wishing to comment on th e 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 Sout h Stewart Street, Suite 4001, Carson 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 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 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 the Nevada Department of Wildlife in Reno (11 Valley Road).

In addition, copies of this notice have been deposited elec tronically at major library branches in each county in Neva da. 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, includ ing previous drafts, are also posted on the Legislative Counsel Bureau's website at: http://www.leg.state.nv.us/register/

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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 th an 5:00 p.m. on
November 29, 2010.