INTENT TO ACT UPON PERMANENT REGULATION

The Nevada State Board to Review Claims (Petroleum Fund) will hold a public hearing beginning at 10:30 a.m. on Thursday, September 30, 1999 at the Legislative Counsel Bureau Conference Room, Grant Sawyer Building, 555 E. Washington Ave., Las Vegas, Nevada.

The purpose of this hearing is to receive comments from all interested persons regarding adoption of a proposed permanent regulation to Nevada Administrative Code, NAC 590 .   If no person directly affected by the proposed action appears to request time to make an oral presentation, the State Board to Review Claims may proceed immediately to act upon any written submission.

The proposed regulation amends NAC 590.700 to 590.790 by requiring an owner or operator of a petroleum storage tank enrolled in the Petroleum Fund, to promptly notify the Nevada Division of Environmental Protection in the event that a third party liability claim may be made against the fund. It is proposed that failure of an owner or operator to provide such notice, may become cause for denial of a third party liability reimbursement from the fund. It is further proposed that third party liability claims will only be authorized for reimbursement upon receipt of a court order or upon the Board's approval of a negotiated settlement.

The proposed regulation is estimated to have no immediate economic effect on business. No changes are proposed in either the fees paid to support the fund or in the total amount of coverage provided by the fund. While there have been few third party liability suits brought against petroleum storage tank owners in Nevada; the potential exists that the Petroleum Fund could be negatively impacted if several such liability claims were made. The proposed regulation may yield a long-term economic benefit to enrolled tank owners from any cost savings achieved by the notice requirement.

The proposed regulation has no anticipated adverse effect on the public, either immediate or long-term. The public may see long-term benefits associated with prevention of any large, unexpected reductions in the Petroleum Fund. The proposed regulation affects the practice of the state fund, thus there is no commensurate federal law or regulation. The proposed regulation does not overlap or duplicate any known regulations of another state or local governmental agency. There is no additional cost to the agency for enforcement and the regulation does not add a new fee, nor increase an existing fee.

Persons wishing to comment upon the proposed regulation may appear at the scheduled public hearing to submit oral testimony and evidence. Those wishing to testify for more than five minutes should submit their request in writing by September 22, 1999, to the Board to Review Claims, c/o Karen Fleming, NDEP, 333 West Nye Lane, Room 138, Carson City, Nevada, 89706-0851.

Comments, data, views, or arguments may also be submitted in written form to the Board to Review Claims, c/o Mike Leigh, NDEP, 333 West Nye Lane, Room 138, Carson City, Nevada, 89706-0851. Written submissions must be received at least five days before the scheduled public hearing.

A copy of this notice and the proposed regulation amendment will be on file for inspection by members of the public during business hours at the Department of Museums, Library and Arts, 100 Stewart Street, Carson City, Nevada; and the Division of Environmental Protection at 123 West Nye Lane, Room 206, Carson City, Nevada and at 555 East Washington Street, Suite 4300, Las Vegas, Nevada. In addition, copies of the notice and regulation will be available for inspection at the main public library in all counties in which an office of the agency is not maintained. Copies of this notice and the proposed regulation will also be mailed to members of the public upon request.

Pursuant to NRS 233B.0603 (c) the provisions of NRS 233B.064 (2) is hereby provided:

"Upon adoption of any regulation, the agency, if requested to do so by an interested person, either before adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption, and incorporate therein its reason for overruling the consideration urged against its adoption".

Members of the public who are disabled and require special accommodations or assistance at the meeting are requested to notify, in writing, the Board to Review Claims, c/o Karen Fleming, 333 West Nye Lane, Room 138, Carson City, Nevada, 89706-0851, facsimile (775) 687-6396, or by calling (775) 687-4670, extension 3047, no later than September 22, 1999

This public notice has been posted at the Regional Transportation Commission in Reno, the Department of Museums, Library and Arts in Carson City, the Clark County Commission Chambers in Las Vegas, the Washoe County Commission Chambers in Reno, and at the offices of the Department of Conservation and Natural Resources in Carson City and Las Vegas.