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Public Notice – SEC Regulatory Hearing 06/17/2010

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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 

Thursday, June 17, 2010 at 10:00 am. 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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Air Quality Planning / Air Pollution Control * Action Item 

Regulation R022-10: Alternative Fuels in Fleets: This regulation amends 

Chapter 486A of the Nevada Administrative Code (NAC) to reflect recent 

changes made in statue by the Nevada Legislature (i.e., S.B.332). The proposed 

changes clarify in regulation 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 the proposed regulation will 

provide more flexibility to respond to changes in the alternative fuels and low 

emission vehicles markets. 

Specifically, the proposed regulation adds 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 requires the fleet operator to submit a 

statement outlining the procedures and internal controls to ensure alternative 

fuels are used. The proposed regulation also specifies the conditions under 

which the State Environmental Commission may grant a variance from 

provisions of the program (i.e., it extends the duration of a variance from 12 to 

36 months). 

The proposed regulation does not overlap or duplicate any regulations of other 

state or government agencies as it specifically 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 affect businesses, only state and local 

government fleets located in Clark and Washoe Counties. 
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Public Notice – SEC Regulatory Hearing 06/17/2010

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Regulation RO40-10: Repeal of Nevada Clean Air Mercury Rule Program 

(CAMR): 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, and all references to the program 

throughout Chapter 445B of the Nevada 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 US Court of Appeals for the District of Columbia 

struck down the federal Clean Air Mercury Rule (CAMR) in “State of New 

Jersey, et al v USEPA, et al”. Thus, the federal requirement for the Nevada 

CAMR program no longer exists 

Repeal of this regulation will not have an immediate or long-term adverse 

economic impact on the public or the business community. There is no 

additional cost to the agency for repealing this regulation as the regulation 

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

government agencies. 

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Safe Drinking Water * Action Item 

Regulation R061-10: Safe Drinking Water Adoption By Federal Reference: 

The Nevada Division of Environmental Protection (NDEP) is proposing to update 

its adoption 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 reference. The U.S. EPA has granted the 

NDEP primary enforcement responsibility for the NPDWR. In order to maintain 

primary enforcement responsibility, the NDEP must adopt regulations that are 

at least as stringent as new or amended federal regulations. In part, the 

proposed amendments adopt the new federal Ground Water Rule and the Lead 

and Copper Rule Short-Term Revisions and Clarifications. The Lead and Copper 

Rule is a current regulation implemented by the NDEP. These amendments are 

considered necessary to maintain Primary Enforcement Responsibility for 

NDEP's Bureau of Safe Drinking Water'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 immediate or long-term adverse economic 

impact on the public or the business community. It should be noted, however, 

that some provisions of the federal regulations to be adopted by reference will 

have a small cost associated with implementation including monitoring and 

public notification for some small businesses, but this cost will be nominal. 
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Public Notice – SEC Regulatory Hearing 06/17/2010

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There will be no additional cost 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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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 at the Nevada Department of Wildlife (1100 

Valley Road, Reno, Nevada). 

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 June 

09, 2010.