1) Call to Order, Roll Call, Establish Quorum: (Discussion)

2) Public Comments: Members of the public are invited to speak before the SEC; however, no action may be taken on a matter during public comment until the matter itself had been included on an agenda as an item for possible action. Public comment will be limited to ten minutes per person at the discretion of the chairperson. (Discussion)

3) Approval of the Meeting Minutes

(A) Read /Download the October 12, 2016 summary meeting minutes [20 Pages ] or listen to the verbatim audio file    (For Possible Action)

4) Petition for Variance: City of North Las Vegas (For Possible Action)

Pursuant to NAC 486A.200, the City of North Las Vegas is requesting a 36 month variance from NAC 486A.180 and NAC 486A.160, the requirement to use alternative fuel and purchase alternative fuel vehicles.

In making application to the SEC for a variance, the City of North Las Vegas has addressed items on SEC Form #6 (Variance for Alternative Fueled Vehicles). The principle reasons specified for the requested variance are financial hardship and the fact that alternative fuel is not readily available in Southern Nevada.

• City of North Las Vegas Variance Request & CCAQM Letter

5) Petition for Variance: Clark County School District (For Possible Action)

Pursuant to NAC 486A.200, Clark County School District is requesting a 24 month variance from NAC 486A.180 and NAC 486A.160, the requirement to purchase alternative fuel and alternative fuel vehicles for its support fleet.

In making application to the SEC for a variance, Clark County School District has submitted SEC Form #6 (Variance for Alternative Fueled Vehicles). The principle reasons specified for the requested variance are financial hardship and the fact that alternative fuel is not readily available in Southern Nevada.

• Clark County School District Variance Request & CCAQM Letter

Air Quality Penalty Assessments

• BAPC Reference Information
• Settlement Table

6) B.R. Constructors — NOAV No. 2567 (For Possible Action)

Recommendation: Approve NDEP-recommended penalty amount of $1,400 for NOAV No. 2567.

Alleged failure to apply for and obtain an operating permit.

• SEC Notification
• NDEP NOAV

7) Jerritt Canyon Gold, LLC — NOAV No. 2568 (For Possible Action)

Recommendation: Approve NDEP-recommended penalty amount of $12,885.00 for NOAV No. 2568

Alleged failure to meet permit limits for emissions during compliance source testing.

• SEC Notification
• NDEP NOAV

8) Hycroft Resources & Development, Inc. — NOAV No. 2585 and NOAV No. 2586 (For Possible Action)

Recommendation: Approve NDEP-recommended penalty amount of $3,600.00 for NOAV No. 2585 and $43,920.00 for NOAV No. 2586, for a total penalty amount of $47,520.00.

Alleged failure to conduct required source testing and failure to meet permit limits for emissions during compliance source testing.

• SEC Notification
• NDEP NOAV

NDEP Regulatory Petitions

9) Permanent Regulation R101-16 - Bureau of Water Pollution Control

Approve and adopt permanent regulatory petition R101-16, as proposed, or take other action as appropriate. (For Possible Action)

The proposed amendments pertain to NAC Chapter 445A and modify the regulations associated with the reuse of reclaimed water, the administrative continuance of Underground Injection Control permits and the definition of the size of onsite sewage disposal systems (NAC 445A.232, NAC 445A.274 - NAC 445A.277, NAC 445A.819, NAC 445A.849, NAC 445A.867 and NAC 445A.872).

The NDEP proposes to add a new category of reclaimed water that will require higher standards of treatment and that may be used for activities not currently allowed, specifically, indirect potable reuse. The proposed amendments will clarify the existing reclaimed water categories by including additional definitions and permitted uses for reclaimed water. Also proposed are new fee categories for aquifer recharge with indirect potable reuse.

The NDEP also proposes to add new fee categories to the Underground Injection Control fee schedule, to allow for the administrative continuance of Underground Injection Control permits and to redefine the size of onsite sewage disposal systems regulated by the NDEP to ensure consistency with other State regulations.

The proposed regulations do not mandate actions or costs on the regulated community. The amendments allow for additional uses of reclaimed water and include an additional category of reclaimed water. If a regulated entity chooses to engage in activities allowed by the amendments, that entity will then be responsible for the associated costs. The proposed amendments are not expected to have an economic impact on the public and costs incurred by the NDEP for the enforcement of the proposed amendments will be paid with the proposed permit fees. The proposed regulations do not overlap nor duplicate any regulations of other State or governmental agencies nor are they more stringent than what is established by federal law.

There are new permit fees associated with the proposed regulations. The new fees are for permit applications and for annual services, major modifications, or renewals of permits for the discharge of reclaimed water to spreading basins for indirect potable reuse and for the injection of reclaimed water to groundwater through injection wells for indirect potable reuse, neither of which are currently regulated. Of the four new fee schedules for each discharge type, the highest requires a permit application fee of $10,000 and an annual review and services fee of $40,000. The NDEP will use the fees to compensate for the time and resources required to enforce the regulations.

Documents in Adobe PDF File Format

• June 20, 2016 — NDEP Draft Regulation [16 pages]
• August 24, 2016 — SEC Form 1 (Revised) [2 pages]
• June 20, 2016 — SEC Form 4, SBIS [3 pages]
• August 9, 2016 — LCB Regulation Transmittal Letter
• August 9, 2016 — LCB Regulation [47 pages]
• August 31, 2016 — LCB Revised Regulation Transmittal Letter
• August 31, 2016 — LCB Revised Regulation [47 pages]
• September 1, 2016 — Workshop Notice & Agenda
• September 15, 2016 — FAQs – Reclaimed Water Regulations
• October 5, 2016 — NDEP Revised LCB Regulation [47 pages]
• October 6, 2016 — Public Notice [3 pages]
• October 27, 2016 — Workshop Minutes [7 pages]

10) Administrator's Briefing to the Commission: (Discussion) NDEP Deputy Administrator, Jennifer Carr, will brief the Commission on management changes.

11) Public Comment (Discussion) Members of the public will be invited to speak before the SEC; however, no action may be taken on a matter during public comment until the matter itself has been included on an agenda as an item for possible action. Public comment may be limited to ten minutes per person at the discretion of the chairperson. (See Nevada Open Meeting Law Manual - Page 58 and 81)

12) Adjournment

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), the Nevada Division of Minerals, 400 W. King Street, Carson City, NV 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: SEC.NV.GOV. All of the proposed regulations denoted in this notice, including previous drafts, are or will be posted on the Legislative Counsel Bureau's website

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 Valerie King, Executive Secretary, 901 South Stewart Street, Suite 4001, Carson City, Nevada 89701-5249, facsimile (775) 687-5856, or by calling (775) 687-9374, no later than 5:00 p.m. on November 7th, 2016.