 |
State of Nevada Division of Environmental Protection (NDEP)  |
 |
|
|
|
||||||||||||||
|
Administration The division maintains offices in Carson City and Las Vegas to manage air quality, federal facilities, waste management and water pollution issues. The division is divided into eight major organizational units, Administration and seven Bureau's; Bureau of Air Quality, Bureau of Water Pollution Control, Bureau of Water Quality Planning, Bureau of Mining Regulation and Reclamation, Bureau of Corrective Actions, Bureau of Waste Management and the Bureau of Federal Facilities. The division also provides staff support for the State Environmental Commission and the Board to Review Petroleum Claims. The Administrative Offices support the Division's Small Business Assistance Program and the Ombudsman. The Ombudsman focuses on providing technical assistance to businesses on how to comply with environmental regulatory programs administered by the Division. The program also provides staff support for the Air Quality Compliance Advisory Panel. This panel advise the Small Business Assistance Program about the needs of stationary sources in meeting environmental compliance in Nevada.
Key Objectives: 1. Complete the development of a unified management framework for environmental permitting and enforcement activities. 2. Develop electronic mapping (GIS) and an INTERNET web site for the Division to enhance environmental planning and general communication with regulated businesses and the public. 3. Continue development of a multi-environmental media (air, water and waste) Small Business and Community Assistance Programs. 4. Provide a safe work environment for the employees of the division.
The Bureau of Air Quality Key Objectives: 1. Operate and maintain an ambient air quality monitoring network to determine areas that approach or exceed the established State and federal health and welfare standards for ambient air quality. 2. Identify and monitor sources of air pollutants which may impact public health and the environment. Maintain an accurate inventory of air pollutant emissions in the State. 3. Work with sources of air pollution to effectively control the emissions of air pollutants at levels which ensure that the public is not exposed to ambient air pollution which exceeds the established State and federal standards. 4. Ensure that air pollutant sources operate in compliance with established air pollution control regulations and requirements. Accomplishments and Significant Changes: During the 1998/1999 biennium, the Bureau has continued to evaluate and establish effective air pollution control measures through permitting of new and existing sources of air pollution. The Bureau has transitioned the operating permits program to meet the federal Clean Air Act Title V operating permit requirements for major sources of air pollutants. Appropriate applications have been received from major sources and will be continue to be processed through the next biennium. The compliance assurance program has expanded its outreach efforts through public workshops and meetings with industry groups and individual facilities regarding new and continuing requirements. Inspections have been conducted at regulated facilities and compliance plans implemented as appropriate. Enforcement actions have been taken as necessary to achieve and maintain compliance with air pollution control requirements. The statewide monitoring network was redesigned during the 1998/1999 biennium to better utilize limited resources and to provide a more comprehensive assessment of ambient air quality. Monitors for the measurement of PM2.5 (particulate matter less than 2.5 microns in diameter) were added to the network in response to the federal EPA's adoption of National Ambient Air Quality Standards (NAAQS) for that pollutant. An air quality trend report is currently being developed. The monitoring network will be expanded during the 1998/1999 biennium in response to statewide growth and to deal with environmental initiatives and local or regional issues. The Bureau has continued to coordinate with the Department of Motor Vehicles and Public Safety, Clark and Washoe Counties, and the regulated communities to enhance the vehicle inspection and maintenance program. A heavy-duty diesel emission control program has been developed and is currently being implemented. The program for the conversion of public fleets to alternative fuels has been implemented and revised in coordinated with other State and federal alternative fuels programs. The Bureau has been extensively involved in western regional efforts related to EPA's proposed regional haze control rule. The final rule will be promulgated in early 1999, which will require further efforts in the upcoming biennium in the assessment of and control of regional haze. During 1998/1999 biennium, the Bureau has been required to redirect staffing efforts to the issue of prescribed burning on wildlands in Nevada and surrounding states. This redirected effort is necessary due to the substantial increase in the use of prescribed fires by land management agencies throughout the west. Such activities have the potential to seriously impact air quality in Nevada. The Division is working in coordination with representatives of all of the major land management agencies to develop a smoke management plan which will protect public health and the environment from these activities.
The Bureau of Water Pollution Control Key Objectives: 1. Continue with early intervention through the water pollution control permitting program. 2. Continue to assist Nevada's communities by the issuance of wastewater treatment construction loans; providing training for wastewater treatment plant operators and providing technical assistance. 3. Evaluate potential residential areas at risk from groundwater pollution due to septic systems. Accomplishments and Significant Changes: The Bureau has processed $ 107,500,000 in wastewater treatment facility construction loans from the State Revolving Loan program. Communities receiving loans include the Cities of Mesquite, Winnemucca, Elko, Henderson, Yerington, West Wendover, Carson City, Sparks, Lovelock the towns of Fernley, Jackpot , Incline Village GID, and Washoe County. The Bureau is developing a program to permit Class V underground injection wells and is working in conjunction with Nevada's agricultural industry to develop a permitting program for confined animal feeding operations, such as dairies and feedlots. The Bureau has also developed a program to permit the reuse of biosolids.
The Bureau of Mining Regulation and Reclamation Second the Mining Reclamation Branch ensures that land disturbed by mining and exploration activities is returned to a productive post-mining land use. The Bureau is responsible for issuing reclamation permits, reviewing bond cost estimates and establishing surety requirements, conducting compliance inspections, initiating regulatory actions and reviews the regulatory fee structure that supports the branch. Key Objectives: 1. Provide a well established regulatory framework whereby environmentally responsible mining is encouraged and environmentally irresponsible mining is prevented. 2. Ensure that mining facilities are constructed, operated, closed and reclaimed without adverse impacts to human health and the environment. 3. Foster the development and implementation of more efficient and cost effective closure and reclamation methods. 4. Foster the development and implementation of more effective and practical methods to predict and manage pit lake water quality. 5. Foster the development and implementation of more effective and practical methods to characterize and manage acid generating waste rock. 6. Foster the development and implementation of concurrent reclamation when feasible. Accomplishments and Significant Changes: The Bureau has been actively implementing the regulations. Most mining facilities are now covered by water pollution control permit and the majority have submitted reclamation plans. During the biennium the Bureau issued 75 water and reclamation permits in fiscal year 1997 and 78 permits in 1998. The Bureau conducted 902 inspections of mines resulting in 24 enforcement actions.
The Bureau of Water Quality Planning Key Objectives: 1. Review and update water quality standards and develop numerical standards for waters not presently protected. 2. Develop a comprehensive state groundwater protection plan which will evaluate and integrate ground water protection activities. 3. Identify methodologies to mitigate the adverse effects to waters affected by non- point source pollution and implement non-point source control projects. 4. Provide technical and financial assistance to communities to develop wellhead protection programs. 5. Conduct statewide water quality sampling to determine compliance with applicable standards and prepare water quality assessment reports such as the 303(d) list of impaired waters. Accomplishments and Significant Changes: The Bureau received U.S.EPA endorsement of the comprehensive ground water protection plan. This plan was among the first in the nation to be endorsed by the agency. More protective water quality standards for Lake Mead and the Las Vegas Wash were developed by the Bureau and were adopted by the State Environmental Commission. The Bureau has been an active member in the Lake Mead Water Quality Forum which coordinates several federal, state and local agencies to find and enhance solutions for water quality issues in the Las Vegas valley. Approximately 60 Nevada non-point source pollution control projects are being fully or partially funded by the Bureau. These projects range from education to erosion control and benefit local communities throughout the state. Water quality monitoring was performed by the Bureau to verify compliance with the standards on all major water systems within Nevada. These water systems included the Truckee River, Carson River, Humboldt River, Walker River, Colorado River, Lake Tahoe, Lake Mead and the Snake River basin.
The Bureau of Federal Facilities Key Objectives: 1. Work with the U.S. Department of Defense and the U.S. Department of Energy to develop acceptable planning schedules for the remediation of contaminated sites. 2. Work with Federal agencies to expedite clean-up that allows the development of new environmentally sound and economically viable usages of federal facilities. 3. Work with DOE and DoD in the development of Resource Management plans for their withdrawn lands which will enable the establishment of appropriate land uses. This will enable remedial actions to be implemented and future activity to be appropriately bounded (i.e.. how clean is clean for what use). 4. Work with the DOE on the development of a program for the independent oversight of DOE's Low Level Radioactive storage and disposal activities with the potential for the establishment of a formal regulatory program in the future. Accomplishments and Significant Changes: The Bureau through the Division has entered into enforceable Consent Agreements with Departments of Defense and Energy in which they formally acknowledged and recognized State regulatory authority over activities at their facilities. Enforceable Consent Agreements with the U.S.DOE, for both Corrective Action and waste management concerns include a process for establishing schedules for activities through the next 20+ years. Approximately 3,000 U.S.DoD and U.S.DOE contaminated sites have been identified for assessment and appropriate remediation. Presently 2,700 sites at Department of Energy facilities have been identified that require evaluation for appropriate remedial actions. The Bureau has been working with defense agencies in the utilization of innovative remedial technologies at sites where petroleum products have contaminated soil and groundwater. There are approximately 220 sites in various stages of evaluation and remediation. The Bureau through the U.S.DOE grant agreement has entered into the formal process of reviewing DOE Low Level Waste (LLW) Management practices at the Nevada Test Site (NTS). This is the first formal agreement of its kind in the United States that the U.S.DOE has been willing enter related to external oversight of its LLW operations. This action was completed a result of a very strong positions over the past years taken by the Governor. It is anticipated that U.S.DOE will, in its Programmatic Environmental Impact Statement, name the NTS as one of the principal defense LLW disposal sites in the country.
The Bureau of Corrective Actions Key Objectives: 1. Continue to work with the U.S. Environmental Protection Agency to integrate the federal superfund activities with State Remedial Action activities. 2. Educate the public and owners and operators of underground storage tanks with respect to preventing and/or reducing the magnitude and frequency of releases. 3. Coordinate petroleum cleanup Fund actions with the Underground Storage Tank program for the enforcement of tank rules and requirements, and the development of policy and operational procedures. 4. Continue certification of environmental consultants by improving testing and establishing reciprocity with other States. 5. Continue to implement and improve benefit criteria used in determining the cost of cleaning up pollution. Accomplishments and Significant Changes: The integrated staffing of the Petroleum Fund and the Underground Storage Tank/Leaking Underground Storage Tank Programs has facilitated responsible regulatory oversight of cleanup activities in coordination with allocation of Petroleum Fund reimbursement monies. The Bureau operates under regulations requiring cost benefit evaluations prior to clean up actions. In fiscal year 1997, the Bureau opened 50 new Petroleum fund cases and closed 157 cases, and disbursed approximately $ 7.1 million in Petroleum fund monies. In Fiscal Year 1998, 77 new cases were opened, 118 were closed, and $ 9.3 million dollars were disbursed. Since the 1992 inception of a formalized remedial action program, approximately 800 non- UST sites have been investigated and cleaned up to State requirements. These cases involved petroleum products, heavy metals, organic compounds, pesticides and PCB's. Approximately 125 cases are open and active at any given time. The Bureau was instrumental in the formation of a Remediation District within Washoe County to investigate the extent of ground water contamination by cleaning solvents in Downtown Reno. Additional characterization will begin by late 1998. Clean up activities at the Rio Tinto mine in northern Elko county were completed during the biennium, and a three year period of extensive monitoring was begun. The Division is also completing Phase II environmental investigations of the Henderson BMI industrial complex. Additional remedial activities are expected to begin in the near future. The Bureau currently certifies 550 individuals providing environmental remediation services in the Consultant Certification program, and has begun development of a Nevada Brownsfields Program to assist redevelopment activities throughout the State.
The Bureau of Waste Management Key Objectives: 1. Reduce generation of solid and hazardous waste in Nevada by encouraging waste reduction, recycling and product substitution. 2. Prevent uncontrolled release of hazardous waste to the environment through effective permitting controls, compliance monitoring and enforcement. 3. Prevent release of pollutants or contaminants from solid waste disposal facilities through effective permitting controls, compliance monitoring and enforcement. 4. Reduce the risk of catastrophic release of highly hazardous chemicals through technical review of facility risk assessments, monitoring of compliance with hazard abatement plans and reporting requirements and enforcement. Accomplishments and Significant Changes: The Bureau's Solid Waste Program has been implementing stringent new standards at municipal landfills. These regulations became effective for larger landfills on October 9, 1993 and after two, two-year extensions, became effective at the smaller, rural landfills on October 9, 1997. As a consequence of the new standards, many small landfills have been closed in favor of transfer stations and regional disposal facilities. In 1992, there were roughly 90 landfills in Nevada. Currently about 21 municipal landfills serve the State's disposal needs. The increased costs of managing waste has also spurred interest in recycling. Nevada currently diverts approximately 15% of the 3 million tons disposed in landfills each year. The State goal is to divert 25% of the waste stream going to landfills. The Bureau's Chemical Accident Prevention Program has also been fully implemented during the past biennium. The program is designed to reduce the risk associated with facilities that store or handle highly hazardous substances. Due to this program, a number of significant mitigation measures, ranging from engineering controls to training and maintenance, have been implemented at Nevada's chemical facilities. These measures reduce the risk of a catastrophic accident occurring. During the coming biennium, the program will be expanded to implement a similar Federally mandated accident prevention program, promulgated under §112r of the Clean Air Act Amendments of 1990. By integrating this new federal program into the existing State program, facilities subject to both requirements will have a single agency and set of regulations to comply with, rather than duplicate State and Federal requirements. In addition, the Clark Commission, which was formed by the Governor as a result of the Sierra Chemical explosion, has recommended that the State Chemical Accident Prevention program be expanded to govern facilities that manufacture explosives. The 1999 Legislature will consider the matter. The Bureau's Hazardous Waste Program is well established and has focused on maintaining compliance with the regulations governing management of hazardous waste. The Bureau has for the last ten years maintained a technical assistance program that provides free and confidential assistance to Nevada businesses working to reduce waste and to achieve compliance with complex regulations. There are roughly 2,000 generators of hazardous waste in Nevada, about 50 transporters and 6 permitted facilities that treat, store or dispose of hazardous waste. Of the generators inspected, the Bureau has achieved a 93% compliance rate. Permitted facilities which are inspected quarterly were found to be in compliance in Fiscal Year 1998.
Publications: Air Quality Annual Report
Environmental Commission
Key Objectives: 1. Process regulatory petitions in a timely and efficient manner. 2. Provide to business and the general public reliable and quality informational services. 3. Act as the appeal body for final decisions made by the Division of Environmental Protection. 4. Establish an INTERNET WEB site making available regulatory petition information and hearing archives of the Environmental Commission. Accomplishments and Significant Changes: The Environmental Commission adopted 29 regulatory petitions from fiscal year 1997 through 1998. The significant petitions includes the adoption of regulations for environmental audits, water quality standards for Lake Tahoe and the Las Vegas Wash, Bay and Lake Mead. The Commission also responded to other legislative actions by adopting regulations relating to establishing criteria defining a restored vehicles (affecting the vehicle emission and inspection program) and streamlining procedures for the water pollution control permits involving emergency repairs to rivers, streams and creeks. The Commission increased mining fees and reduced fees for the states hazardous waste disposal facility at Beatty. Other regulations adopted include increases in the vehicle emission and inspection wavier fees to meet federal requirements; the integration of the water quality laboratory testing program for wastewater with the safe drinking water program run by the Health Division; modification of the solid waste program by defining methods of financial assurance and relaxing ground water monitoring requirements for closed small rural landfills, and by establishing siting criteria for transfers stations and storage bins. The Commission also addressed changes to clean up of contaminated sites by establishing a mechanism for cost recovery and criteria that clarified clean up of sites.
State Board to Review Claims (Petroleum Fund) The Fund is supported by a $0.0075 fee for each gallon of motor vehicle fuel, diesel fuel of grade number 1, diesel fuel of grade number 2, and heating oil imported into, or refined in, Nevada. There is also an annual registration fee of $100 per tank for enrollment into the Fund. The Board is a composed of seven members. Staff is provided by the Division of Environmental Protection.
Key Objectives: 1. Conduct education and outreach programs to inform owners and operators of the existence of the Fund, its rules and requirements, schedules, and processes. Assist the public in accessing the Fund for reimbursement of warranted clean-up costs. 2. Conduct short and long term planning activities in coordination with industry and the public to insure Fund viability. Investigate and evaluate methods for preserving the solvency of the fund. 3. Continually review Fund procedures to make processing of applications more efficient. Accomplishments and Significant Changes: The most significant accomplishment for the State Board to Review Claims during the 1997-1998 period was the elimination of a previously accrued backlog of claims. Staff efforts have significantly reduced the elapsed time between claim submittal and the respective reimbursement. Additionally, the Fund is currently able to make reimbursements in full amounts of the approved claims, rather than on a pro-rata basis as was previously required by an insufficient Fund balance. In 1997, the Fund provided $8.7 million for reimbursements of clean-up costs associated with releases from petroleum storage tanks. In 1998, the annual reimbursement total increased to approximately $11.1 million. END |
||||||||||||||
|
||||||||||||||
|
||||||||||||||