MINUTES OF THE

      SENATE COMMITTEE ON NATURAL RESOURCES

 

      Sixty-seventh Session

      January 27, 1993

 

 

 

The Senate Committee on Natural Resources was called to order by Chairman R. Hal Smith, at 8:37 a.m., on Thursday, January 27, 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

 

 

GUEST LEGISLATORS PRESENT:

 

Assemblyman Joseph E. Dini, Jr.

 

 

STAFF MEMBERS PRESENT:

 

Caren Jenkins, Senior Research Analyst

Rayanne Francis, Senate Committee Secretary

 

OTHERS PRESENT:

 

Denice Miller, Senior Research Analyst, Legislative Counsel

  Bureau

Jolaine A. Johnson, P.E., Chief, Chemical Hazards Management

  Bureau, Department of Conservation and Natural Resources

  Division of Environmental Protection

Ray E. Blehm Jr., State Fire Marshal

Bob Andrews, Executive Director, Nevada Emergency Response

  Commission

Marvin Carr, Director, Lyon County Emergency Management Safety

 

 

      * * * * *

 

Assemblyman Joseph E. Dini Jr. introduced himself to members of the committee.  Assemblyman Dini's further testimony and comments regarding state laws relating to emergencies involving hazardous materials is contained in Exhibit C.

 

Assemblyman Dini mentioned the interim subcommittee discovered there was considerable duplication of services and forms relating to hazardous materials emergencies.  He stressed it was his goal to obtain the consensus of all agencies responding to hazardous materials emergencies in the use of a single form.  As a result of the interim subcommittee's work, Assemblyman Dini commented several bills have been introduced in the Assembly this session.

 

SENATE BILL (S.B.) 641 OF

THE SIXTY-SIXTH SESSION:            Regulates handling of hazardous chemicals.

 

Chairman Smith inquired if the interim subcommittee had reviewed the "Report on the Implementation of The Chemical Catastrophe Prevention Act" (Exhibit D - original in research library).  Assemblyman Dini remarked the subcommittee had indeed reviewed the subject report.  He continued by saying a motion to repeal S.B. 641 had been entertained, but failed on a four to four vote.  He remarked several subcommittee members also had strong feelings about exempting mining and agriculture from the effects of this bill.  In response to concerns voiced by various members of the committee, Chairman Smith assigned Senators Adler (chair), James and Titus to a subcommittee dealing with these issues.  Assemblyman Dini encouraged Senator Adler to invite members of the Assembly Committee on Natural Resources to these subcommittee meetings.

 

Chairman Smith emphasized this meeting dealt with hazardous materials, not high-level waste.  Senator Hickey reiterated by saying the chairman had already formed a Subcommittee on High-level Radioactive Waste.

 

Denice L. Miller, Senior Research Analyst, Legislative Counsel Bureau Research Division, introduced herself to members of the committee.

 

ASSEMBLY CONCURRENT

RESOLUTION 79 (A.C.R.)

OF THE SIXTY-SIXTH SESSION:   Directs Legislative Commission to conduct interim study of laws relating to emergencies involving hazardous materials.

 

In addition to her duties as research analyst during the legis-lative session, Ms. Miller remarked she had served as principal staff to the A.C.R. 79 interim study of hazardous materials.  Ms. Miller's testimony to the Senate Committee on Natural Resources is contained in Exhibit E.  She supplied committee members with a copy of the interim study of state laws relating to emergencies involving hazardous materials, entitled "Hazar-dous Materials and Emergency Response" (Exhibit F - original in research library).

 

Senator Hickey inquired what three state agencies collect fees dealing with the use or storage of hazardous materials.  Ms. Miller responded by saying the State Fire Marshal, State Emergency Response Commission and Division of Environmental Protection currently collect hazardous materials fees.

 

Senator Hickey asked Ms. Miller what industries opposed S.B. 641.  Ms. Miller responded by saying those entities opposing the bill were the mining association, the manufacturers association and various representatives of individual businesses.  Senator Hickey asked Ms. Miller to provide committee members with copies of relevant testimony in opposition to S.B. 641.

 

Senator Hickey asked what would be the cost of implementing the subcommittee's recommendations.  Ms. Miller responded by saying one of the figures which readily came to mind dealt with the cost of implementing a regional response team.  She continued by saying early estimates of establishing a regional response team ranged from $250,000 to $500,000.  Ms. Miller testified the subcommittee briefly considered a proposal which would have created three regional response teams throughout the state.  She pointed out the subcommittee eventually decided not to recommend this particular proposal, but directed the State Fire Marshal to conduct a further study.  Senator Hickey asked Ms. Miller to provide members of the committee with estimates of costs dealing with the implementation of regional response teams.

 

Chairman Smith said he had only seen only one bill draft request (BDR) referred to the Senate dealing with this issue.  Ms. Miller commented most of these BDRs had been routed to the Assembly for introduction.

 

Jolaine A. Johnson, P.E., Chief, Chemical Hazards Management Bureau, Department of Conservation and Natural Resources Division of Environmental Protection (DEP) introduced herself to members of the committee.  Ms. Johnson supplied committee members with copies of the "Presentation on the Implementation of the Chemical Catastrophe Prevention Act" (Exhibit G).

 

Senator Adler asked for Ms. Johnson's opinion on what S.B. 641 provided that is not already covered by the federal Clean Air Act or Occupational Safety and Health Agency (OSHA) Process Safety Management Standard.  Ms. Johnson testified she felt S.B. 641 gave state agencies the resources to fully enforce and implement chemical accident prevention programs.

 

Senator Hickey asked if Nevada State law was more exacting than the federal law, would the state law be followed.  From the standpoint of her comparison, Ms. Johnson replied she did not feel there was a simple answer to his question.  She stressed facilities within Nevada are concerned they may be in compliance with the state law, and not in compliance with federal law.  Senator Hickey reiterated--if the state law was more exacting than the federal law--which law would be followed.  Ms. Johnson

replied the requirements of the stricter state law must be met.  Senator Hickey assumed Nevada would be responsible for enforcing the stricter law, whether it be federal or state.  Ms. Johnson agreed and stressed the facilities are confused with the many separate documents they are required to fill out and submit.

 

Senator Hickey asked Ms. Johnson if she had any viable recommen-dations to reduce the bureaucratic red tape of multiple forms.  Ms. Johnson remarked she has presented a recommendation to this effect in a proposed amendment to S.B. 641.  Senator Hickey inquired if passage of this amendment would result in an additional cost to the state.  Ms. Johnson testified she did not believe so.

 

Senator Hickey inquired if the amendment to S.B. 641 would change any of the strict standards associated with the bill.  Ms. Johnson explained the purpose of the amendment was to allow state agencies to better coordinate with the federal law standards regarding paperwork requirements.

 

Senator Titus asked if this amendment would weaken the standard enacted during the Sixty-sixth Session.  Ms. Johnson replied this was not the intent of the amendment.

 

Senator Adler said it appeared to him the substance of S.B. 641 would be altered if state laws were changed to be more compatible with the federal law.  Ms. Johnson testified the amendment suggests changes to the specific requirements of S.B. 641.  She explained the amended language would allow, by regulation, to adopt specifics that address both of the federal laws.  She concluded by saying the goal is to obtain consensus for a single form which meets the requirements of the state and federal laws.

 

Senator Neal asked if the DEP maintains a list of chemicals which are used by a variety of entities across the state.  Ms. Johnson replied this is correct and continued by explaining the DEP is required to utilize two different lists.  Senator Neal asked which list was longer--the federal or state.  Ms. Johnson explained the list the DEP utilized was consistent with the federal OSHA standard at the time S.B. 641 was passed into law.  However, she pointed out the federal OSHA list was recently finalized and minor changes resulted in the inclusion of flammable and explosive liquids.  Ms. Johnson stressed the Clean Air Act's proposed list is considerably different than S.B. 641.  She explained the Clean Air Act included different chemicals and, quite often, lower threshold quantities.  She explained use of the Clean Air Act's list would require that more facilities in Nevada come into compliance with the federal law.

 

Chairman Smith reminded members of the committee that the purpose of these informational meetings was purely educational.  He stressed committee members would have an opportunity in the future to address specific questions regarding bills before the committee.

 

Ray E. Blehm Jr., State Fire Marshal (SFM), introduced himself to members of the committee.  An overview of the State Fire Marshal Division's involvement in hazardous materials programs is contained in Exhibit H.  Mr. Blehm also provided committee members with a copy of the first edition of The Nevada Fire Report (Exhibit I).

 

Senator Hickey inquired if the SFM's office interacts with the federal government regarding the transportation of munitions in southern Nevada.  Mr. Blehm referred to a large facility located in Mineral County where military munitions were reconditioned.  Mr. Blehm, as well as the assistant fire marshal and an inspector, had participated in a full-day meeting because the operators of this facility had voiced concerns about reporting requirements.

 

Mr. Blehm remarked SFM staff have worked cooperatively with Nevada Test Site and military base personnel to ensure their hazardous material training schedules and certification meet state standards. 

 

Senator Hickey inquired if the SFM has had any involvement at the Fallon Air Force Base (AFB).  Mr. Blehm remarked his office has had minimal involvement at the Fallon AFB, with exception to concern about the burn pits.  He explained the AFB aircraft fire rescue personnel utilize burn pits for training purposes.  Mr. Blehm said the EPA has virtually eliminated the use of many of the older burn pits due to the possibility of groundwater contamination.  Until a state-of-the-art burn pit is built at the Clark County Airport, he explained the only operational burn pit in the state is located at Fallon AFB. 

 

Senator Titus said she understood the hazardous materials training program had been expanded during the Sixty-sixth Session.  She continued by saying the fees for hazardous waste disposal had been increased slightly as well.  She asked Mr. Blehm how much money the SFM's office had received from these fees for its training program.  Mr. Blehm explained statutory provisions dictate that $480,000 per year be provided to the SFM fund, amounting to two-thirds of their training budget.  Of the hazardous waste disposal fees collected, he said $4.50 per ton was directed to the SFM's training program and $1.50 per ton to the Public Service Commission of Nevada's (PSCN) rail transportation safety program.

 

Senator Titus recalled that a fireman had testified in opposition to raising the hazardous waste disposal fees.  She remembered the basis for the fireman's opposition was because he believed a fee increase would result in less waste disposal, thus less money for the SFM's training program.  Senator Titus asked Mr. Blehm if he would take a similar position if the fees were increased during the Sixth-seventh Session.  Mr. Blehm said he did not believe the fee was enough of a critical issue to effect the amount of waste disposed at the Beatty hazardous materials dump site.  He continued by saying he was much more concerned about the fact that the Beatty site could be filled to capacity in five to seven years.  He emphasized closure of the Beatty site would result in a 2/3 reduction of the SFM's source of funding.

 

Bob Andrews, Executive Director, State Emergency Response Commission (SERC), introduced himself to members of the committee.  Further testimony and comments by Mr. Andrews is contained in Exhibit J.

 

Mr. Andrews also introduced Marvin Carr, Director, Lyon County Emergency Management Safety.  He explained Mr. Carr is a member of the SERC, as well as the chairman of the SERC Contingency Fund Committee.

 

Mr. Andrews testified about the incidence of injury and death to emergency responders and workers in Nevada.  Senator Hickey asked Mr. Andrews to supply him with written statistics on this subject.

 

Mr. Andrews reviewed the handout, entitled "SERC Member Agency Support" (Exhibit K).  He stated the SERC has been able to make considerable headway in reducing the duplication, redundancy and overlap of services due to the cooperative involvement of state agencies, local governments and the private sector.

 

Senator Hickey inquired if hazardous materials handlers must file forms with the SERC.  Mr. Andrews replied by saying regulated industries which manufacture, store and use hazardous materials must file a federal form with the SERC.

 

Senator Rhoads inquired if liability was still an issue regarding private sector groups responding to off-site hazardous materials emergencies.  Mr. Andrews said it was his under-standing that A.C.R. 79 was to make recommendations dealing with this issue.  He continued by saying all 17 counties are actively developing emergency plans.  He said the Nevada State Attorney General had determined the liability issue only becomes a problem if the local government does not have an emergency plan.

 

Senator Adler mentioned he also understood that liability coverage was limited to trained responders who may be injured or killed.  Mr. Andrews agreed with the senator's statement and further clarified the definition of "trained" needs to be more fully defined in A.C.R. 79.

 

Mr. Andrews said the SERC is developing a grant program to assist in funding local emergency planning committees.  He continued by saying this grant would partially fund the implementation of emergency planning at the local level, as well as assist in improving public safety capabilities, specifically in the area of communication systems.

 

Marvin Carr, Director, Lyon County Emergency Management Safety, introduced himself to members of the committee.  He maintained it is to SERC's credit that the small counties have been able to make such progress in first responder training at the various levels--awareness, operations and technical.  Mr. Carr remarked this progress at the local level would have been impossible without SERC's support and pass-through grant monies.

 

Senator Adler stated that, in spite of grant monies, many counties are still desperate for money to purchase adequate emergency equipment, etc.  Mr. Carr said Senator Adler's observation was absolutely correct.  He continued by saying they desperately needed equipment for first responders; for example, hazardous materials suits.  He fully supported the concept of pooling emergency response monies to set up and supply regional response teams.

 

Chairman Smith encouraged all future presenters to supply committee members with detailed information on budget and monetary source information.  He explained this would assist the committee in understanding each entity's existing resources and future needs.

 

SENATE BILL (S.B.) 97:  Makes various changes regarding regulation of and funding for management of solid waste.

 

Chairman Smith also reminded committee members the following day's meeting would be reserved for the Subcommittee on Solid Waste's discussion of S.B. 97.  Senator Hickey (subcommittee chairman) invited all interested parties to the meeting.

 

 

      * * * * *

 

 

There being no further business before the Senate Committee on Natural Resources, Chairman Smith adjourned the hearing at 10:06 a.m.

 

 

 

            RESPECTFULLY SUBMITTED:

 

 

                                    

            Rayanne J. Francis,

            Committee Secretary

 

 

 

APPROVED BY:

 

 

                                

Senator R. Hal Smith, Chairman

 

DATE:                           

??

 

 

 

 

 

 

 

Senate Committee on Natural Resources

January 27, 1993

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