Agenda – SEC Regulatory Hearing 10/05/2010 

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SEC Meeting Agenda October 5, 2010 

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

October 5th, 2010 at 10:00 am. The hearing is scheduled as a video conference 

in Carson City and Las Vegas. The hearing 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 receive 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, Inc. -- 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 Permitting 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 permitting 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 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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Agenda – SEC Regulatory Hearing 10/05/2010 

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Water Quality Planning * Action Item 

5) 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. 

Water Quality Planning (continued) * Action Item 

6) R127-10: Proposed Changes to the 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 beneficial uses (uses) or reach descriptions 

assigned to these creeks. The Nevada Division of Environmental Protection is 

proposing to assign uses and reach descriptions for each creek; appropriate 

water quality criteria will be added based on the proposed uses for each creek. 

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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Agenda – SEC Regulatory Hearing 10/05/2010 

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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 Salinity, Colorado River System (review) 

to the 2008 Review. No changes to the salinity criteria are proposed. 

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. 

Water Quality Planning (continued) * Action Item 

8) R133-10: Proposed Changes to Select 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 County 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 standards are proposed based on EPA 

recommended criteria, maintaining consistency with standards for other 

Nevada waterbodies, and other recommendations and information. The water 

quality standards for the above mentioned waterbodies are contained in the 

Nevada Administrative Code (NAC) 445A.214 - 225 (445A.1332-1362). NDEP is 

also proposing to add four new tributary creeks located in the Snake River 

Drainage system to the Nevada water quality regulations. 

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. 

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. 

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Agenda – SEC Regulatory Hearing 10/05/2010 

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10) Public Comment: Non-Action Item 

Public comment may be limited to ten minutes per person at the discretion of 

the Chairperson. (See AG Open Meeting Law Manual, pages 58 & 81, 

http://ag.state.nv.us/publications/manuals/omlmanual.pdf)

Additional Information 

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). 

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 

September 28, 2010.