EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15). omitted.

1-1 Whereas, The Emergency Planning and Community Right-To-Know

1-2 Act of 1986 is intended to inform communities and residents of potential

1-3 chemical hazards in their areas by requiring businesses to report the

1-4 locations and quantities of chemicals stored on-site to state and local

1-5 governments; and

1-6 Whereas, Section 313 of the Emergency Planning and Community

1-7 Right-To-Know Act specifically requires manufacturers to report releases

1-8 into the environment of more than 600 designated toxic chemicals as part

1-9 of the Toxics Release Inventory which is made available on the Internet to

1-10 the public by the United States Environmental Protection Agency; and

1-11 Whereas, The United States Environmental Protection Agency has

1-12 expanded the Toxics Release Inventory report to include the mining

1-13 industry and other industrial sectors; and

1-14 Whereas, Many of the toxic elements that must be reported in the

1-15 Toxics Release Inventory are naturally occurring in the earth’s crust and are

1-16 reportable by the mining industry by mere virtue of handling and moving

1-17 these elements in standard mining and ore processing activities; and

1-18 Whereas, The current reporting requirements of the Toxics Release

1-19 Inventory were developed for the manufacturing industry where these

2-1 chemicals are brought to the site and released into the environment in

2-2 largely urban areas and are not appropriate to the mining industry where the

2-3 volumes of these elements may be inherently high but risk to public safety

2-4 is very low; and

2-5 Whereas, Reporting all of the toxic chemicals required by the

2-6 inventory will unnecessarily alarm the public by making it appear that the

2-7 processing of minerals results in the actual release of large quantities of

2-8 toxic chemicals into the environment; and

2-9 Whereas, The members of the Nevada Legislature acknowledge the

2-10 value of the Emergency Planning and Community Right-To-Know Act and

2-11 its success in encouraging large manufacturers to implement cleaner

2-12 processing programs with fewer toxic chemicals; now, therefore, be it

2-13 Resolved by the Assembly and Senate of the State of Nevada,

2-14 Jointly, That the members of the 70th session of the Nevada Legislature

2-15 hereby urge the United States Environmental Protection Agency to remove

2-16 the mining industry from the reporting requirements of the Toxics Release

2-17 Inventory that were originally intended for use by large manufacturers; and

2-18 be it further

2-19 Resolved, That the United States Environmental Protection Agency is

2-20 encouraged to look instead to a separate form of reporting requirements

2-21 that have a direct application to mining activities and exclude naturally

2-22 occurring elements from the reporting requirements of the mining industry;

2-23 and be it further

2-24 Resolved, That the Nevada Legislature urges the United States

2-25 Environmental Protection Agency to acknowledge in accurate perspective

2-26 the fact that while mining activities do involve the handling of a large

2-27 volume of material, a portion of which does contain potentially toxic

2-28 elements, the actual risk of public exposure is low; and be it further

2-29 Resolved, That the Chief Clerk of the Assembly prepare and transmit a

2-30 copy of this resolution to the Administrator of the United States

2-31 Environmental Protection Agency and to each member of the Nevada

2-32 Congressional Delegation; and be it further

2-33 Resolved, That this resolution becomes effective upon passage and

2-34 approval.