Agenda – SEC Regulatory Hearing 10/05/2010 1 

### SEC Meeting Agenda October 5, 2010

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

October 5 th , 2010 at 10:00 am. The hearing is scheduled as a vi deo conference in Carson City and Las Vegas. The hearin g location in Carson City is the Bryan Building, 901 South Stewart Street (2nd floor, Tahoe Room). In Las Vegas the hearing will held at the Nevada Division of Environmental Protection, 2030 E. Flamingo Rd. Suite 230.

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 06/17/2010 SEC Regulatory Hearings * Action Item

2) Settlement Agreements, Air Quality Violations * Action Items

 Heart of Nature, LLC -- NOAV 2223

 Eagle Peak Rock and Paving, In c. -- NOAV 2248, 2249, 2257, 2258

 Lake Tahoe Horizon Casino Resort -- NOAV 2232, 2252

3) Administrative Action, Air Quality Violation — Notice of Alleged Air Quality Violation and Order (NOAV) No. 2247 — Cind-R-Lite Cinder Cone Mine * Action

Item



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

4) R126-10: Air Pollution Control Permi tting Provisions Applicable to State Implementation Plan (ASIP) The Nevada Division of Environmental Protection is proposing to amend four sections in the permitting provisions of NAC 445B. The amendments are in response to U.S. EPA comments on the approvability of the agency's air pollution control permitti ng provisions into the applicable State Implementation. The amendments align state regulations with the federal Clean Air Act and U.S. EPA rule requirements.

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.

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### Water Quality Planning * Action Item

5) R129-10: Water Quality Standards fo r 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.



### Water Quality Planning (continued) * Action Item

6) R127-10: Proposed Changes to th e Water Quality Standards for Smoke, Bronco, and Gray Creeks: This regulation addresses water quality standards for Smoke, Bronco and Gray creeks defined under NAC 445A.180, 181 and 182 (445A.1286, 1698 and 1702). The standards for these creeks have not been reviewed since their inception in 1967 (Smoke) and 1973 (Bronco and Gray). Currently, there are no designated benefici al uses (uses) or reach descriptions assigned to these creeks. The Nevada Di vision of Environmental Protection is proposing to assign uses and reach de scriptions for each creek; appropriate water quality criteria will be added based on the proposed uses for each creek.

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.

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### Water Quality Planning (continued) * Action Item

7) R130-10: Administrative updates Colorado Salinity: The Nevada Division of Environmental Protection is proposing to make administrative changes to subsection 2 in NAC 445A.143 (445A.1233) to update the reference to the Review - Water Quality Standards for Sali nity, Colorado River System (review) to the 2008 Review. No changes to the salinity criteria are proposed.

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.



### Water Quality Planning (continued) * Action Item

8) R133-10: Proposed Changes to Sele ct Water Quality Standards for Nevada Waters in the Snake River Drainage Basin: The Nevada Division of Environmental Protection (NDEP) has completed a review of the water quality

standards for the Nevada waterbodies in the Snake River Drainage Basin. These

waters are located in Northern Elko Co unty and consist of the following: South Fork Owyhee River; Owyhee River; Bruneau River; Jarbidge River; East Fork Jarbidge River; Salmon Falls Creek ; Shoshone Creek; and Goose Creek. Revisions to select water quality st andards are proposed based on EPA recommended criteria, maintaining co nsistency with standards for other
Nevada waterbodies, and other recomme ndations and information. The water quality standards for the above mentio ned waterbodies are contained in the Nevada Administrative Code (NAC) 445A.214 - 225 (445A.1332-1362). NDEP is also proposing to add four new tribut ary creeks located in the Snake River Drainage system to the Nevada water quality regulations.

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.



### Other SEC Business

9) Administrator's Briefing to the Commission: Non-Action Item NDEP's Administrator will provide the Commission with informational updates about budget and fiscal issues, mercury program updates, and federal rulemaking initiatives.

-- More –Agenda – SEC Regulatory Hearing 10/05/2010 4 10) Public Comment: Non-Action Item Public comment may be limited to ten mi nutes per person at the discretion of the Chairperson. (See AG Open Meeting Law Manual, pages 58 & 81,
http://ag.state.nv.us/publ ications/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 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).

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/

.

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 September 28, 2010.