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

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 area by requiring certain businesses to report the

1-4 locations and quantities of designated chemicals stored on-site to federal,

1-5 state and local governments; and

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

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

1-8 annually releases into the environment of more than 600 designated

1-9 chemicals as part of the Toxics Release Inventory which is made available

1-10 on the Internet to the public by the United States Environmental Protection

1-11 Agency; and

1-12 Whereas, The United States Environmental Protection Agency has

1-13 expanded the Inventory report to include the mining industry and other

1-14 nonmanufacturing industrial sectors; and

1-15 Whereas, Many of the chemicals that must be reported in the Inventory

1-16 are naturally occurring elements in the earth’s crust and may be reportable

1-17 by the mining industry in Nevada by mere virtue of handling and moving

1-18 these elements in standard mining and ore processing activities; and

2-1 Whereas, The current reporting requirements of the Inventory were

2-2 developed for application to the manufacturing industry which brings these

2-3 chemicals to the manufacturing site and releases them into the environment,

2-4 and are not appropriate to apply to the mining industry where the risk to

2-5 public safety is very low; and

2-6 Whereas, The members of the Nevada Legislature acknowledge the

2-7 value of the Emergency Planning and Community Right-To-Know Act and

2-8 its success in encouraging large manufacturers to implement cleaner

2-9 processing programs with fewer toxic chemicals; now, therefore, be it

2-10 Resolved by the Assembly and Senate of the State of Nevada,

2-11 Jointly, That the members of the 70th session of the Nevada Legislature

2-12 hereby urge the United States Environmental Protection Agency to remove

2-13 the mining industry from the reporting requirements of the Toxics Release

2-14 Inventory that were originally intended for use by large manufacturers; and

2-15 be it further

2-16 Resolved, That if the United States Environmental Protection Agency

2-17 does not remove the mining industry from the reporting requirements of the

2-18 Toxic Release Inventory, the Nevada Legislature strongly urges the Agency

2-19 to develop a separate form of reporting requirements that have a direct

2-20 application to the processing of minerals and exclude naturally occurring

2-21 elements from the reporting requirements of the mining industry; and be it

2-22 further

2-23 Resolved, That the Nevada Legislature urges the United States

2-24 Environmental Protection Agency to acknowledge in accurate perspective

2-25 the fact that while mining activities do involve the handling of a large

2-26 volume of material, a portion of which does contain reportable chemicals,

2-27 the actual risk of public exposure is low; and be it further

2-28 Resolved, That the Chief Clerk of the Assembly prepare and transmit a

2-29 copy of this resolution to the Administrator of the United States

2-30 Environmental Protection Agency and to each member of the Nevada

2-31 Congressional Delegation; and be it further

2-32 Resolved, That this resolution becomes effective upon passage and

2-33 approval.