MINUTES OF THE
SENATE COMMITTEE ON NATURAL RESOURCES
Sixty-seventh Session
January 26, 1993
The Senate Committee on Natural Resources was called to order by Chairman R. Hal Smith, at 8:42 a.m., on Tuesday, January 26, 1993, in Room 224 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Senator R. Hal Smith, Chairman
Senator Dean A. Rhoads, Vice Chairman
Senator Ernest E. Adler
Senator Thomas J. Hickey
Senator Mark A. James
Senator Joseph M. Neal, Jr.
Senator Dina Titus
STAFF MEMBERS PRESENT:
Caren Jenkins, Senior Research Analyst
Rayanne Francis, Senate Committee Secretary
OTHERS PRESENT:
Lew Dodgion, Administrator, Department of Conservation and
Natural Resources, Division of Environmental Protection
Richard Reavis, Deputy Administrator of Bureaus on Air, Mining
and Water Programs, Department of Conservation and Natural
Resources, Division of Environmental Protection
Verne Rosse, Deputy Administrator of Bureaus on Chemical
Hazards, Waste and Federal Facilities Management, Department
of Conservation and Natural Resources, Division of
Environmental Protection
* * * * *
Lew Dodgion, Administrator, Department of Conservation and Natural Resources, Division of Environmental Protection (NDEP) introduced himself to members of the committee. Mr. Dodgion's testimony is contained in Exhibit C.
Senator Hickey asked what were the operational costs of the State Environmental Commission (SEC) and if Governor Miller is expected to propose the elimination of the commission. Mr. Dodgion responded by saying the SEC will continue to operate and remarked the annual budget totalled $15,000. He continued by saying the commission operated on a separate budget and that members of the commission received $80 per working day.
During Mr. Dodgion's testimony on the ambient air quality non-attainment areas in Nevada (page 3, Exhibit C), Senator Hickey asked him to explain what PM10 was and what steps should be taken to meet the National Ambient Air Quality Standards (NAAQS). Mr. Dodgion clarified PM10 was an acronym for particulate matter smaller than 10 microns in diameter. In layman's terms, he clarified PM10 equated to extremely fine dust in the environment. Mr. Dodgion emphasized attainment of the EPA's PM10 requirement would be very difficult for both Clark and Washoe counties because of their desert environments.
Senator Hickey inquired if construction activity was a major culprit of PM10. Mr. Dodgion confirmed that construction activities did indeed contribute to the overall problem; however, he stated the major problem in the Reno/Sparks area was due to the sand and salt used for snow and ice control. He declared that other PM10 contributors were fireplaces, vehicle engine emissions, as well as air inversions.
Senator Hickey asked how NDEP proposed to deal with air quality issues in Clark and Washoe counties. Mr. Dodgion explained NDEP performs emissions inventories in both counties to determine the major contributors of air particulates. Based upon the emissions inventory findings, state and local air quality agencies are mandated (by the Federal Clear Air Act) to develop strategies to comply with air quality standards.
Senator Hickey inquired if local air quality agencies are required to submit written plans to NDEP. Mr. Dodgion explained the local county commissioners or board of health would adopt the air quality plan and submit it to the federal Environmental Protection Agency (EPA) through NDEP. He declared NDEP's only function is to review the plan to determine if all of the criteria contained in the Clean Air Act have been met.
Mr. Dodgion testified the Battle Mountain area is approaching 50 micrograms per cubic meter, which is the standard for annual average particulate levels (page 3, Exhibit C). Due to the fact the 1992 Battle Mountain PM10 level was 48 micrograms per cubic meter, he explained the EPA is requiring NDEP to begin daily air quality monitoring in the summer of 1993.
Senator Rhoads was puzzled as to what could possibly be creating the high PM10 level in such a remote location as Battle Mountain. Mr. Dodgion explained the air quality in Battle Mountain has been marginal for quite a few years. After considerable dis-cussion, it was determined the high PM10 level could be attri-buted to the dust generated by the area's many miles of unpaved roads, as well as the large number of poor soil quality fields with sparse vegetation. Mr. Dodgion doubted that mining activity contributed to the problem because the mines were located quite a distance from the problem area. He concluded by saying the NDEP would soon begin to work cooperatively with the Lander County Commissioners concerning the air quality problem in Battle Mountain.
Senator Hickey inquired if the NDEP was operating any monitoring stations in the "Forty-mile desert." Mr. Dodgion explained the NDEP does not monitor that area. Senator Hickey mentioned he was glad to hear the NDEP was not monitoring the air quality in the "Forty-mile desert," however, he did not see the logic in monitoring the Battle Mountain area. After considerable discussion, it was determined the EPA had decided, in the early 1970s, which locations would be designated monitoring locations. Mr. Dodgion recalled the EPA had named eight areas (excluding Washoe and Clark counties) which were designated as nonattainment for total suspended particulates. He continued by saying a few of these locations were able to come into compliance by simple dust control measures; i.e., paving dirt roads, etc.
Senator Hickey asked what was the criteria the NDEP used when determining which locations were to be monitored. Mr. Dodgion explained the sites originally selected by the EPA were classi-fied as major community areas. He pointed out the EPA has very exact standards about how a monitoring site is selected, how it is set up and where the filter is actually located.
Senator Hickey asked if the NDEP ever set up monitoring stations in isolated areas on interstate roads. Mr. Dodgion responded by saying the NDEP would not set up a monitoring station in a remote area. If a remote area was experiencing a noticeable dust problem, he asserted the NDEP would investigate to determine if the problem was natural or man-made. Mr. Dodgion explained if the dust was being generated by a man-made source (land clearing, mining, or industry), the cause would be required to take measure to control the problem or abate the activity.
Senator Hickey asked how the NDEP established their criteria for air quality standards. Mr. Dodgion responded by saying the criteria is set by the federal EPA and delegated to the NDEP. Senator Hickey clarified he was interested in knowing how the NDEP decides what areas will be monitored. Mr. Dodgion answered by saying the communities were selected in the early 1970s when the Clear Air Act was passed. He assured committee members that all communities and major population centers were initially monitored to determine where the problem areas were located. Mr. Dodgion admitted "monitoring" sometimes simply involved placing a bucket in a vacant lot to see if any dust accumulated in the bottom over a week's time. If this method determined there was a problem, more sophisticated monitoring equipment was set up to actually test a volume of air drawn through a filtration system.
Senator Rhoads inquired what kind of penalty would be levied against a community which was not able to bring their air quality into compliance. He emphasized Battle Mountain, in Lander County, may not have adequate funding to pave a major portion of its dirt roads. Mr. Dodgion said the penalty for nonattainment would be levied by the federal EPA, not the NDEP. He continued by saying this penalty may involve withholding federal highway funds from the entire state, not just the county in noncompliance with air quality standards. Senator Rhoads asked Mr. Dodgion to provide committee members with information describing the federal EPA penalties for nonattainment. Mr. Dodgion said he would provide each committee member with a copy of the citation and EPA material.
Mr. Dodgion pointed out it would take quite a period of time for an air quality nonattainment penalty to be levied. He clarified Battle Mountain would have to register an average PM10 level of more than 50 micrograms per cubic meter average over a three year period. He pointed out the 1992 Battle Mountain average PM10 level was 48 micrograms per cubic meter. Mr. Dodgion concluded by saying a nonattainment penalty would not be levied for at least another two years.
Senator Rhoads inquired if the NDEP had cited Lander County. Mr. Dodgion responded by saying, to date, the NDEP had not communicated with Lander County regarding its nonattainment status. He commented that he intended to contact Lander County officials very soon regarding the air quality problems in Battle Mountain.
Senator Rhoads inquired what was the EPA's definition of a "major community area." Mr. Verne Rosse, Deputy Administrator of Bureaus on Chemical Hazards, Waste and Federal Facilities Management, Division of Environmental Protection, answered by saying EPA emission inventories were, initially, conducted in various communities all across Nevada in an effort to locate problem areas.
Senator Rhoads inquired if an oxygenated fuel tax had been levied in Washoe County (which was being utilized to support the vehicle inspection and maintenance program). Senator Adler explained the increased cost to taxpayers was due to the decreased fuel efficiency while using oxygenated fuel.
Senator James asked what would be the cost to Nevada to implement the 1990 amendments to the Clean Air Act. Mr. Richard Reavis, Deputy Administrator of Bureaus on Air, Mining and Water Programs, Division of Environmental Protection, responded by saying the federal EPA determines what the cost will be to implement the Clean Air Act. He said the EPA must approve of Nevada's proposal of staffing needs. Mr. Reavis said it is not unusual for the EPA to double the requested staffing requirement and levy a fee against regulated industry in order to pay for the costs of the program. He declared the NDEP is unable to control costs because the EPA determines whether or not the NDEP can take on another program. Mr. Reavis said this is first time he has ever seen an environmental bill passed in the U.S. Congress which imposes highway funding sanctions if the state does not apply to administer the federal Clear Air Act program.
Senator James supplied an article to members of the committee (Exhibit D), which indicates each state has three options available to them. He said the option which impressed him the most was the second, which allows the state to apply for interim approval. Senator James quoted the article, which reads:
The interim approval option lowers the political stakes, imposes the least burden on the state's economy, and allows the most chance to develop innovative rules, performance-based approaches and other permit improvements.
Senator James stressed this is a difficult time to find new sources of funding to implement federally-mandated programs. He inquired if this interim approval option was what the NDEP had proposed to the EPA. Mr. Dodgion acknowledged the NDEP is intending to pursue the interim approval option by submitting the NDEP's plan in November, 1993. He emphasized the impact of the EPA's permit program on Nevada's budget would occur, not immediately, but two years from November, 1993.
Senator James inquired if the 1993 Nevada State Legislature would have to act on a bill dealing with an interim approval package. Mr. Reavis acknowledged that legislative action would need to take place in the 1993 session. He asserted the interim approval option provides that a state will issue operating permits for all major stationary sources which emit over 100 tons per year of a regulated pollutant. Mr. Reavis interpreted this to mean that all of Nevada's major particulate contributors would continue to be permitted in the interim with federally-enforceable standards. He explained all of the other permits issued by the NDEP would not be federally-enforceable under the interim approval. In two year's time, when the NDEP receives the EPA's full approval, Mr. Reavis said all of the permits issued become federally-enforceable.
Mr. Dodgion testified the EPA is requiring Clark County to enhance it's existing vehicle inspection and maintenance program. He elaborated by saying Clark County must establish test-only networks equipped with dynamometers. Senator Adler inquired if the test-only procedure would be conducted by local garages or the State of Nevada. Mr. Dodgion said the test-only facility could be operated by the state, local contractors or independent garages. He emphasized the test-only facility would not be able to perform necessary repairs to any vehicle which was unable to pass the emissions test.
Senator Hickey commented the test-only facilities would house very expensive equipment. Due to the fact each dynamometer would cost approximately $150,000 per test lane, Senator Hickey asked if the NDEP would consider placing test-only facilities in central locations. He said this would be more cost-effective because a single test-only facility could check vehicles from a much larger area.
Chairman Smith inquired how many vehicles per hour could be checked at a test-only facility. Mr. Dodgion testified the State of Arizona has been operating such a facility for several years and is able to conduct a 7-minute emissions check per vehicle.
Senator Hickey inquired how often would the emissions tests be required and at what cost per vehicle. Mr. Dodgion replied emissions tests would be required every two years and quoted an EPA estimate of the cost at approximately $20 per vehicle. Senator Hickey asked Mr. Dodgion to supply members of the committee with a cost breakdown of the emissions testing.
Senator Titus called attention to the fact that current emissions testing costs approximately $20 per year. She remarked the test-only facilities would charge $20 per test every two years, which reduces the annual cost of emissions testing. Mr. Dodgion noted EPA estimates indicate a slight decrease in total overall cost of emissions testing by switching to the every other year requirement. He said the NDEP's current cost for annual emissions tests ranged between $10 to $13 per vehicle.
Senator Hickey expressed concern about testing facilities currently in operation which had already invested in the equipment. Mr. Dodgion admitted current testing operators in the Las Vegas Valley are rightfully upset because they've invested in equipment which may be obsolete in the near future.
Senator Adler inquired if the Clark County Transportation Plan, which had been passed the previous session, had addressed air quality concerns. Mr. Dodgion responded by saying carbon monoxide (CO) containment is certainly a key element in improving transportation. The instances when CO builds up to unacceptable levels is in traffic jams or waiting for traffic signals to cycle through.
Senator Hickey said a major air quality issue of great concern to Clark County dealt with the pollutants emitted from diesel engines.
ASSEMBLY BILL (A.B.) 812
OF THE SIXTY-SIXTH SESSION: Makes various changes concerning clean air and emissions from certain motor vehicles.
Mr. Dodgion testified A.B. 812 required the development of two diesel programs. He continued by saying the first program dealt with an inspection maintenance program for light-duty diesel engines which should be ready for implementation in late 1993. Senator Hickey inquired if the light-duty diesel program would be incorporated in the NDEP emissions testing. Mr. Dodgion explained the inspection program for diesel engines is different from the program for gas engines. Senator Hickey explained he was curious to know if the diesel inspection would be performed in the centralized, test-only facility. Mr. Dodgion said the NDEP would have to take this matter under review because the emissions testing of diesel engines is not mandated by the Clean Air Act.
Senator Hickey said he understood the State of Nevada had previously passed legislation mandating diesel emissions testing. Mr. Dodgion concurred with the senator's observation. Senator Hickey asked Mr. Dodgion to supply a report indicating how the diesel testing program would be integrated with the total emissions inspection program.
Mr. Dodgion explained the second diesel program to be developed, as a result of A.B. 812, dealt statewide emissions control of heavy-duty diesel engines. He continued by saying the NDEP is conducting a pilot testing program to determine appropriate emission limits for heavy-duty diesel vehicles in Nevada State.
During Mr. Dodgion's presentation of his prepared testimony dealing with the Clean Water Act, Senator Neal asked if the chemical life of mercury was indefinite. Mr. Dodgion explained the Carson River is the only site in Nevada that has been listed as a federal Superfund site and is now being studied to determine if it can be cleaned up. He said the mercury problem in the river downstream of Carson City relates to the milling practices of the Comstock days, when mercury was used to extract gold and silver from the ore.
Mr. Dodgion testified the most significant environmental problem associated with mercury in the river is bioaccumulation in aquatic plants, fishes and water fowl. He said mercury will remain in the Carson River indefinitely, unless it is converted from its elemental form to methyl mercury through an oxidation process. Mr. Dodgion said the mercury contained in the sediments of the river would remain there forever, or until a flood washed the sediment away and uncovered the mercury. He said the one good aspect of a flood was that it could actually oxygenate the mercury and be taken up by plants and fish.
Mr. Dodgion the NDEP and EPA are conducting preliminary studies on the Carson River's mercury problem to develop remedial-type measures. He sincerely doubted whether the situation could ever be fully corrected. He suspected the mercury could never be totally removed from the system to eliminate the risk of bioaccumulation in the plant and fish.
Senator Neal commented that the fact the Carson River was on the federal Superfund list led him to believe it could be cleaned up. Mr. Dodgion remarked this was true, but stressed the river system contains thousands of tons of mercury. He explained it only takes trace amounts of mercury to pollute a river to the point where it bioaccumulates in the plants which are eaten by the fish and water fowl. Additionally, mercury bioaccumulation intensifies with relation to its place in the food chain. Mr. Dodgion pointed out the problem is so serious, the Department of Wildlife issued a health advisory regarding the consumption of fish in the Carson River and, in particular, Lake Lahontan.
Senator James inquired how much power would Nevada State lose to regulate its own water when the federal Clean Water Act was amended. Mr. Dodgion said he would not know how to answer the senator's question until he saw the new bill. He pointed out there are two federal laws dealing with water quality. The first being the Clear Water Act, which regulates the quality of surface waters, and the second being the Safe Drinking Water Act. Mr. Dodgion said he anticipated the Clean Water Act would be amended to include more federal requirements for the states to comply with. He continued by saying he also expected to see amended language giving the federal government more control over groundwaters, which they currently do not have. He stressed Nevada should zealously guard its right to control its groundwaters resources.
Senator James asked if there was anything Nevada State Legislators could do to prevent the federal government from taking away or reducing the state's groundwaters rights. Mr. Reavis advised members of the legislature to review the federal bills which have been introduced to reauthorize the Clear Water Act. He continued by advising legislators to contact their congressmen and express their concern.
Mr. Reavis said the NDEP has been very active in protesting the EPA's posturing in the area of taking control of a state's groundwaters. He emphasized the EPA is doing this without any statutory basis and by using their leverage with grant funds.
Senator Hickey inquired what areas of groundwaters were polluted. Mr. Dodgion said the NDEP's groundwaters data is somewhat fragmented. He said they are working closely with the Department of Human Resources Health Division, United States Geological Survey (USGS) and the State Division of Water Planning to develop a better database on groundwaters. He recognized in order to really be able to utilize the state's groundwaters resources to the best extent, a good centralized database must be generated.
Senator Hickey asked when did Mr. Dodgion expect to have a fully functional database on Nevada's groundwaters resources. Mr. Reavis replied by saying the NDEP was currently performing Geographical Information Systems (GIS) mapping of groundwaters quality. He hoped that within a 1-year period, the NDEP would be able to supply maps showing the specific areas of groundwaters quality. He continued by saying within a 2-year period, he hoped to have a fully operational system showing the state's groundwaters resources.
During Mr. Dodgion's testimony on the impacts of nonpoint source pollution on the quality of the state's surface and ground-waters, Senator Rhoads asked Mr. Dodgion to supply him with a copy of the report on the Snake River Basin.
Senator Neal inquired how much money was in the federal Leaking Underground Storage Tank (LUST) fund. Mr. Dodgion explained the LUST fund is set up on a sixth-tenth of a cent fee on petroleum products sold in Nevada. He said this fee generated approxi-mately $150,000 per month, with a $7.5 million cap. Mr. Dodgion testified the fund currently has approximately $2.5 to $3 million available for disbursement.
Senator Hickey asked how the NDEP handled the contamination issues when they related to transportation. Did the NDEP work with the Nevada Department of Transportation (NDOT) in these instances? Mr. Dodgion explained transportation-related contamination is handled by the NDEP. Considerable discussion ensued on the relationship of first-responders to the involvement of other agencies. Mr. Dodgion specified the first-responders (Nevada Highway Patrol, local law enforcement, etc.) to determine whether a spill involves hazardous chemicals. He testified first notification of a spill is directed to the Division of Emergency Management, who notifies the NDEP. He remarked the NDEP would provide technical assistance upon request.
Mr. Dodgion said a hazardous waste spill will be cooperatively handled by the NDEP, Emergency Management, Fire Marshall and the State Emergency Response Commission. He clarified the NDEP is responsible for seeing the spill is adequately cleaned up. Senator Hickey inquired when would the NDEP become involved. Mr. Dodgion replied the NDEP would arrive at the spill sight after the first responders had secured the location. He continued by saying it would be the NDEP's responsibility to determine whether the spill involved hazardous chemicals.
Chairman Smith advised committee members to defer this line of questioning to the next day's hearing on hazardous materials.
Senator Neal referred to the jet fuel spill at the Nellis Air Force Base in southern Nevada. He asked Mr. Dodgion what the probability would be of an explosion taking place due to the spill. Mr. Dodgion explained the jet fuel is floating on the groundwater several feet beneath the site of the spill. He said there was practically no chance of an explosion due to the fact the fuel was underground.
Senator Hickey mentioned his concern dealt with the pollution of the groundwaters located under the site of the Nellis Air Force Base jet fuel spill. Mr. Dodgion said the military has taken responsibility for the clean up efforts.
Senator Hickey asked if the NDEP was responsible for handling complaints about noise pollution. Mr. Dodgion explained noise pollution is a nuisance issue and is handled by local government.
Senator Titus asked how much money the NDEP received from the federal government for overseeing EPA remediation projects. Mr. Dodgion responded by saying the NDEP received approximately $1 million per year. He emphasized this grant money is shared with the Health Division and the State Emergency Response. Senator Titus inquired if the NDEP is able to go onto the Nevada Nuclear Test Site and perform tests at will. Mr. Dodgion replied the NDEP can take the initiative in asserting jurisdiction over environmental matters on federal land. He continued by saying NDEP is required to obtain security clearances for its people who need access to the Nevada test site. Mr. Dodgion noted, however, there are instances when the NDEP could be denied access, such as when the federal government asserts national security.
Senator Titus asked if the NDEP had unlimited access to the Yucca Mountain site. Mr. Dodgion explained the NDEP does not have any dealings with Yucca Mountain because it is not an active site at this time. Senator Titus inquired if the NDEP was testing the quality and movement of the groundwater to determine what effect the test site or a high-level radioactive waste dump may have. Mr. Dodgion said the federal Department of Energy (DOE) has designed and has currently undertaken the construction of an extensive groundwater characterization study. He continued by saying the NDEP has been involved in the development of the study and the design of the wells and locations. Mr. Dodgion concluded by saying the NDEP's involvement in the groundwater studies at Yucca Mountain is merely to review the data generated to determine if there will be environmental water quality problems. He said the Nevada State office most intensely involved in the Yucca Mountain site is the Agency for Nuclear Projects.
Senator Neal inquired if the NDEP had uninhibited access to the test wells at the nuclear test site. Mr. Dodgion said the NDEP does not necessarily have uninhibited access to the test site, but is able to obtain water samples by accompanying DOE contractor personnel to the site.
Senator Neal asked Mr. Dodgion how large was the NDEP's budget. Mr. Dodgion remarked the NDEP employed 131 people with a total of $8 million in four budget accounts. He stressed the NDEP's budget includes a lot of pass-through grant funding. Senator Neal asked how much of the NDEP's budget originated from the General Fund. Mr. Dodgion said the biennial budget would amount to less than $300,000 General Fund monies.
Senator Rhoads requested committee approval that a bill draft request be drafted which would simplify the process of applying for a stock water permit on federal lands. Chairman Smith asked for a motion on Senator Rhoads request for a bill draft request.
SENATOR RHOADS MOVED TO DRAFT A BILL DRAFT REQUEST. (SIMPLIFIED PROOF OF VESTED STOCK WATER RIGHTS UPON THE OPEN RANGE.) (Exhibit E)
SENATOR JAMES SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
* * * * *
There being no further business before the Senate Committee on Natural Resources, Chairman Smith adjourned the hearing at 10:12 a.m.
RESPECTFULLY SUBMITTED:
Rayanne J. Francis,
Committee Secretary
APPROVED BY:
Senator R. Hal Smith, Chairman
DATE:
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Senate Committee on Natural Resources
January 26, 1993
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