Petition No. P2008-06

LCB File No. R014-08

Nevada Administrative Code: 445A

Description of Petition: Adoption of federal regulations by reference - US Safe Drinking Water Act: This proposed regulation governs public water systems found in Chapter 445A of the Nevada Administrative Code (NAC). Statutory authority to adopt these amendments is contained in NRS 445A.855 and 445A.860.

Nevada's Safe Drinking Water Program regulates public drinking water systems using a combination of State regulations and Federal regulations adopted by reference. In order to obtain primary enforcement responsibility for desired federal drinking water programs, NDEP submits "primacy package" applications for EPA approval.

On September 6, 2007, NDEP submitted primacy packages for "Arsenic" and "Variances and Exemptions". During USEPA review of these packages, they identified several items in Nevada's regulations that needed amendment prior to primacy approval. The NDEP views these amendments as (1) efforts to remove problems in several regulations with prospective adoption by reference; (2) a necessary update to the adopted version of the Code of Federal Regulations (CFR); and (3) "cleanup" of certain language in existing provisions. These amendments are necessary to achieve primacy.

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