Regulatory Meeting October 6, 2009

10/06/2009
Regulatory Meeting
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Time
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Location
10:00 A.M.
Tuesday, October 6, 2009
Bryan Building, 2nd Floor (Tahoe Room)
901 South Stewart Street
Carson City, NV
 
Video-conference
NDEP Las Vegas Office
2030 East Flamingo Road, Suite 230
Las Vegas, NV

Minutes, Agenda, & Audio

NDEP Regulatory Petitions

Regulation R194-08 - Bureau of Safe Drinking Water - Public Water Systems

This regulation would amend NAC 445A. 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.

This regulation is likely to have an economic impact on portions of the public and/or the business community at public water systems that require capital improvements for compliance. An unquantifiable benefit to the public exists related to better protection of health and safety and decreased medical costs as a direct result of further regulating disinfection byproducts and waterborne disease. There are additional responsibilities for the NDEP; however there is no additional quantified cost to the agency for enforcement of the proposed regulation as it will be implemented using existing staff. The regulation does not overlap, duplicate or conflict with any regulations of other government agencies and the regulation does not address fees. (SEC Reference P2008-20)

Documents in Adobe PDF File Format

Permanent Regulation R088-09 - Bureau of Air Quality Planning / Air Pollution Control - Adopt by Reference Federal Regulations

The Nevada Division of Environmental Protection (NDEP) is proposing to convert the temporary regulation, T036-09, which was adopted at the SEC's June Hearing, to a permanent regulation and to adopt specific ASTM International test methods by reference. NDEP regularly adopts by reference appropriate new and revised federal New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) promulgated by the U.S. Environmental Protection Agency (EPA). NDEP then requests delegation of the NSPS and NESHAP programs to Nevada; however, it is necessary for the state to first adopt the federal rule so that EPA can delegate the implementation.

These proposed amendments update NAC 445B.221 with applicable new and revised federal NSPS and NESHAP rules that became effective after March 2008. This update will allow the regulated industry to continue to work with the state as opposed to the EPA. Additionally, adopting the test methods will allow the NDEP to use methods approved by EPA and recognized by the scientific community to measure emissions from sources.

Because the NSPS and NESHAP rules are federal requirements, Nevada's adoption of them will not have any additional immediate or long-term adverse economic impact on the public or the business community. The agency will absorb any additional cost for implementation 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 P2009-02)

Documents in Adobe PDF File Format

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