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Petition No. p2005-07

LCB File No. R129-05

Nevada Administrative Code: NAC 445A.617 through 445A.652

Description of Petition: Regulation R129-05: Revises Certification of Operators of Public Water Systems: (Note: the State Health Division filed a pervious version of this regulation as a temporary regulation on March 28, 2005. The regulation has been slightly altered and is now proposed as a permanent regulation.) This regulation amends NAC 445A.617 through 445A.652. The amendment proposes changes to Nevada's Operator Certification Program for small water systems. Increased skills and knowledge would be required to operate public water systems for individuals certified thorough the Operator Certification Program. The program is managed by the Division of Environmental Protection - Bureau of Safe Drinking Water. The amendment is needed in light of more stringent water quality requirements. Ultimately, the goal of the operator certification program is the protection of public health.

The State of Nevada has, under an agreement with the United States Environmental Protection Agency, primary enforcement responsibility (primacy) for the primary drinking water regulations promulgated pursuant to the federal Safe Drinking Water Act. The State of Nevada must adopt regulations as stringent as the federal regulations to retain primacy, and must remain current with new regulations necessitated by amendments to the Act. Other than adopting such primary drinking water regulations, there is no duplication or overlap of these regulations with other state or government agencies.

This amended regulation would have a beneficial economic effect by increasing the knowledge base of operators of small water systems; such increased knowledge of water system operations will result in both immediate and long-term protection of pubic health.

The estimated indirect adverse economic effects of the proposed revisions on the small businesses would apply to public water systems that require a Grade III or Grade IV Certified Operator. This indirect economic effect would be from new, higher requirement for post-secondary education required to qualify for new Grade III and Grade IV certifications. There will be no additional cost to the agency for enforcement of the proposed regulation and the regulation does not address fees. (SEC Petition #2005-07)

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