__________________________________________ Public Notice – SEC Regulatory Hearing 06/17/2010 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 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 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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### 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 Le gislature (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 Fu els 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 a dds 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 requ ires the fleet operator to submit a statement outlining the procedures and in ternal controls to ensure alternative fuels are used. The proposed regulation also specifies the conditions under

which the State Environmental Commi ssion may grant a variance from provisions of the program (i.e., it extend s the duration of a variance from 12 to 36 months).

The proposed regulation does not overla p or duplicate any regulations of other state or government agencies as it spec ifically 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 affe ct businesses, only state and local government fleets located in Clark and Washoe Counties.__________________________________________ Public Notice – SEC Regulatory Hearing 06/17/2010 2 Regulation RO40-10: Repeal of Neva da Clean Air Mercury Rule Program (CAMR): The Nevada Division of Environmental Protection (NDEP) is proposing to repeal the Nevada Clean Air Merc ury Rule Program by removing NAC
445B.3711 to 445B.3791, inclusive, an d 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 ha ve an immediate or long-term adverse economic impact on the public or the business community. There is no additional cost to the agency for repeal ing this regulation as the regulation does not overlap, duplicate or conf lict with any regulations of other government agencies.

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### Safe Drinking Water * Action Item

Regulation R061-10: Safe Drinking Wa ter Adoption By Federal Reference: The Nevada Division of Environmental Protection (NDEP) is proposing to update its adoption by reference date in NA C 445A for regulations that have been promulgated by the U.S. Environmental Pr otection 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 refere nce. 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 amende d federal regulations. In part, the proposed amendments adopt the new fede ral Ground Water Rule and the Lead and Copper Rule Short-Term Revisions an d Clarifications. The Lead and Copper Rule is a current regulation implemen ted by the NDEP. These amendments are considered necessary to maintain Primary Enforcement Responsibility for NDEP's Bureau of Safe Drinking Wate r'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 imme diate or long-term adverse economic impact on the public or the business co mmunity. It should be noted, however, that some provisions of the federal regu lations to be adopted by reference will

have a small cost associated with im plementation including monitoring and public notification for some small busine sses, but this cost will be nominal.__________________________________________ Public Notice – SEC Regulatory Hearing 06/17/2010 3 There will be no additional cost to the agency for enforcement of the proposed regulation and the regulation does not ov erlap, duplicate or conflict with any regulations of other government agenci es. The regulation does not address

fees.

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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 at the Nevada Department of Wildlife (1100 Valley Road, Reno, Nevada).

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 than 5: 00 p.m. on June
09, 2010.