RO61-10: Safe Drinking Water Adoption By Federal Reference: The regulation amended NAC 445A and updates adoption by reference dates 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.
Regulation R194-08: Public Water Systems: This regulation amended NAC 445A. The regulation updates adoption by reference dates 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). Amendments to 445A.6682 for the fluoridation program clarify current respective roles and responsibilities for the NDEP, the State Board of Health and the Health Division. Proposed amendments also include various updates to responsibilities of the County Heath Departments and cleanup of general regulatory language.
Regulation R152-08: Transfer of Regulatory Authorities for Subdivision Review: The purpose of this regulation is to complete the transfer of authorities covered by Senate Bill SB395. SB395 was passed in 2005; among other actions the legislation transferred statutory and regulatory authorities for subdivision review programs (contained in NRS and NAC 278 respectively) from the Nevada Division of Health to the Nevada Division of Environmental Protection (NDEP). Accordingly, this proposed regulation (which was adopted on
December 17, 2008) revises the text references of "Health Division" to "Division of Environmental Protection." The regulation was originally adopted by the State Board of Health in 1982 in order to implement the statutory responsibilities contained in NRS 278.
Note: For more information about these regulations, including all supporting documents, click on the resolution number, which will take you to the correspondent State Environmental Commission website on which the documents can be found.
State Laws & Regulations
Nevada Revised Statutes (NRS)
Public Water Systems - (Link to Nevada Revised Statutes - NRS 445A.800 - 445A.955)
Nevada Administrative Code (NAC)
Public Water Systems - (Link to Nevada Administrative Code - NAC 445A.450 - 445A.6731)
Nevada Revised Statutes (NRS)
Subdivisions - (Link to Nevada Revised Statutes - NRS 278.330 - 445A.460)
Nevada Administrative Code (NAC)
Subdivisions - (Link to Nevada Administrative Code - NAC 278.010 - 445A.530)
Other Resource Links
Certification of Laboratories Analyzing Drinking Water
Federal Laws & Regulations
The Safe Drinking Water Act
About the Safe Drinking Water Act. (wikipedia.org)
USEPA —Safe Drinking Water Act Home Page
Federal Regulations: —
Code of Federal Regulations (CFR) Title 40 Part 141 — National Primary Drinking Water Regulations
Nevada Drinking Water Standards (External Links US EPA)
Existing regulations address
- Drinking water quality;
- Public Water System construction and operation; and,
- Public Water System operator certification.
These safe drinking water regulations are administered by twelve (12) full-time professional and clerical support employees. The Clark County and Washoe County District Health Departments implement various activities within their jurisdiction.
Declaration of State Policy — NRS 445A.800 "It is the policy of this state to provide water which is safe for drinking and other domestic purposes and thereby promote the public health and welfare."
State Primacy — The Nevada Division of Environmental Protection, with the help of the Clark and Washoe County Health Districts, is looking forward to meeting challenges of continuing to assure safe supplies of drinking water for all Nevadans. However, this can only be achieved if Nevada maintains primacy.
TO MAINTAIN PRIMACY FOR THE FEDERAL SDWA, NEVADA MUST
- Adopt regulations as stringent as the SDWA regulations;
- Grant exemptions or variance under conditions as stringent as the SDWA requirements;
- Provide adequate procedures and enforcement authority;
- Meet SDWA monitoring and reporting requirements;
- Develop an adequate plan to provide safe drinking water under emergency conditions.
BENEFITS OF PRIMACY TO NEVADA
- Significant cost savings to water suppliers and the public;
- Better public health protection;
- Continuation of federal grants;
- Recognized voice to Congress and USEPA on SDWA and policy decisions;
- Decisions affecting Nevadans are made by Nevadans.