SEC Regulatory Meeting January 19, 2023

A clock symbol
Location symbol
9:00 A.M.
Thursday, January 19, 2023

Bryan Building, 2nd Floor, Tahoe Room

901 South Stewart Street

Carson City, NV

Video Streamed to

Red Rock Conference Room

375 East Warm Springs Road Suite 200

Las Vegas, NV

Capacity at the physical locations is limited

Remote participation is encouraged


Join on your computer, mobile app or room device

Click here to join the meeting

Meeting ID: 230 665 485 776
Passcode: V8GKaR

Download Teams | Join on the web

Or call in (audio only)

+1 775-321-6111,,929374105#  

United States, Reno

Phone Conference ID: 929 374 105#





Minutes, Agenda, & Audio



NDEP Regulatory Petitions

Permanent Regulation R130-22: Bureau of Safe Drinking Water - Fee Adjustment for the Laboratory Certification Program

R130-22 proposes to increase the fees for the Division to ensure the environmental Laboratory Certification Program (LCP) can continue to perform its statutory requirements including certifying and inspecting laboratories while maintaining appropriate records, staffing, and staff development. The need for and purpose of the proposed regulatory amendment is to account for inflation and ensure the agency's continued ability to serve the regulated community and the public effectively. Agency costs have increased due to inflation and legislatively mandated personnel costs while fees have remained unchanged since 2004.

Increased application fees and annual fees for laboratory certification will impact all regulated facilities. The initial fee increase of 40% will have an immediate effect beginning January 2023 to the regulated facilities to maintain a sustainable LCP. The longer term effect will be a 5% increased cost for the following five years and then a 4% annual cost will be evaluated annually and waived if not needed that fiscal year and each year thereafter. These changes will not have an economic impact on the public and are not expected to result in any additional costs to the Division.

Supporting PDF Documents

Permanent Regulation R113-22: Bureau of Water Quality Planning - Anti-Degredation and Ecological, Aesthetic, or Recreational Waters

Note that this regulatory petition, R113-22, was previously submitted as R119-20. Additional supporting materials and documents can be found on the NDEP Bureau of Water Quality Planning website.  

R113-22 proposes to amend the Nevada Administrative Code to establish provisions for antidegradation protection of surface waters of the State as required by Nevada Revised Statute 445A.565, and to set forth a process for classifying certain surface waters of the State which have exceptional water quality condition, unique water quality characteristic, or ecological, aesthetic or recreational value, as Ecological, Aesthetic or Recreational Waters. This classification will provide a higher level of antidegradation protection to maintain and protect the water quality conditions or special values associated with these surface waters. 

The proposed regulation may have an indirect economic impact on a new discharger applying for a point source discharge permit and an existing permittee who propose a major modification during renewal of their discharge permit. Classification of a water as an EAW may have an economic effect to local governments, citizens, and businesses.  The economic benefit and impact of classifying a surface water as an EAW would be a criteria that would be evaluated in determining whether to classify the water. There may also be some additional effort required with some expected increase in overhead costs to NDEP. An extra step would be included in the permit application review process.  NDEP staff would conduct an antidegradation review analysis when a permit application was submitted which would require additional staff time to compete and discuss with the permit applicant before developing a draft permit to authorize the proposed discharge.

Supporting PDF Documents