Petition No. P2008-20

LCB File No. R194-08

Nevada Administrative Code: Chapter 445A of NAC -- Authority is §§1-16 and 28-138, NRS 445A.860; §§17, 19 and 20, NRS 445A.855, 445A.860 and 445A.863; §§18 and 21-27, NRS 445A.855 and 445A.860.

Description of Petition: The NDEP is proposing to update its adoption by reference date for regulations that have been promulgated by the U.S. Environmental Protection Agency (EPA) from July 1, 2005 to July 1, 2006. During this period, the EPA codified the Long Term 2 Enhanced Surface Water Treatment Rule and the Stage 2 Disinfectants and Disinfection Byproducts Rule which the NDEP hereby proposes to adopt. Related changes to the Design, Construction, Operation and Maintenance regulations are also proposed. Additional amendment proposals include clarifying language related to: the Public Notice Rule; the Lead and Copper Rule; the Interim Enhanced Surface Water Treatment Rule; the Long Term 1 Enhanced Surface Water Treatment Rule; language related to Best Available Technology (BAT) and repeal of a variance provision deemed to be in conflict with another existing provision. The amendments include adoption of 40 CFR 142.61 to 142.65, inclusive, for purpose of better defining BAT for variances. These amendments are necessary in order to acquire Primacy approval from the U.S. EPA for several components of Nevada’s Safe Drinking Water Program.

Amendments to NAC445A.65505 to NAC445A.6731 update the regulating agency name in the Design, Construction, Operation & Maintenance regulations from the Health Division to the NDEP and the appropriate district boards of health (County Health Departments). Proposed amendments also include various updates to responsibilities of the County Heath Departments and cleanup of general regulatory language.

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