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Petition No. P2010-03

LCB File No. RO61-10

Nevada Administrative Code: NAC 445A

Description of Petition: RO61-10: Safe Drinking Water Adoption By Federal Reference: The Nevada Division of Environmental Protection (NDEP) updated its adoption by reference date in NAC 445A for regulations that have been promulgated by the U.S. Environmental Protection Agency (U.S. EPA) from July 1, 2006 to July 1, 2009.

Nevada's Safe Drinking Water Program regulates public water systems using a combination of State regulations and the National Primary Drinking Water Regulations (NPDWR) adopted by reference. The U.S. EPA has granted the NDEP primary enforcement responsibility for the NPDWR. In order to maintain primary enforcement responsibility, the NDEP must adopt regulations that are at least as stringent as new or amended federal regulations.

In part, the proposed amendments adopt the new federal Ground Water Rule and the Lead and Copper Rule Short-Term Revisions and Clarifications. The Lead and Copper Rule is a current regulation implemented by the NDEP. These amendments are considered necessary to maintain Primary Enforcement Responsibility for NDEP's Bureau of Safe Drinking Water's (BSDW) federal program elements. Additionally, changes are proposed to enhance a BSDW safe drinking water program element, and provide "cleanup" and clarification of existing regulations.

The regulations will not have an immediate or long-term adverse economic impact on the public or the business community. It should be noted, however, that some provisions of the federal regulations to be adopted by reference will have a small cost associated with implementation including monitoring and public notification for some small businesses, but this cost will be nominal. There will be no additional cost to the agency for enforcement of the proposed regulation and the regulation does not overlap, duplicate or conflict with any regulations of other government agencies. The regulation does not address fees. (SEC Reference P2010-03)

Webpage Link [Agenda #4]

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