Current through September 16, 2024
1. An antidegradation review required
pursuant to section 15 must:
(a) Be conducted
by the Department for each parameter of concern that is expected to be present
in the point source discharge; and
(b) Evaluate the potential impacts of a point
source discharge to the baseline water quality, interim baseline value or
requirement to maintain existing higher water quality, as applicable, for each
parameter of concern in the receiving water.
2. For the purpose of the evaluation
conducted pursuant to subsection 1:
(a) Except
as otherwise provided in paragraph (b), the Department shall use the baseline
water quality or, if established, the requirement to maintain existing higher
water quality, to determine the appropriate level of antidegradation protection
for each parameter of concern in the receiving water;
(b) If, on the date the permit application is
submitted, there is insufficient data to establish the baseline water quality
for each parameter of concern in the receiving water, the Director:
(1) Shall require the applicant to submit a
sampling and analysis plan pursuant to subsection 4 to determine the baseline
water quality; and
(2) May
establish an interim baseline value pursuant to subsection 5 for the purposes
of issuing the permit; and
(c) If the water quality for each parameter
of concern in the point source discharge is:
(1) The same or better than the baseline
water quality, interim baseline value or requirement to maintain existing
higher water quality, as applicable, required for a tier 2 level of
antidegradation designation, the Department shall not require any additional
analysis to authorize the point source discharge; or
(2) Worse than the baseline water quality,
interim baseline value or requirement to maintain existing higher water
quality, as applicable, required for a tier 2 level of antidegradation
protection designation, the applicant must submit to the Department an analysis
of alternatives and, if no feasible alternative is identified, a justification
pursuant to section 17.
3. In addition to the requirements of
subsection 1, if an applicant proposes a point source discharge to a surface
water or segment thereof that has been designated by the Commission as a tier
2.5 level of antidegradation
protection or upstream of a surface water or segment thereof that has been
designated as a tier
2.5 or tier 3 level of
antidegradation protection, the antidegradation review must, without
limitation, demonstrate that the designated beneficial use of "extraordinary
ecological, aesthetic or recreational value" will be maintained and
protected.
4. A sampling and
analysis plan submitted by an applicant pursuant to subsection 2 must, without
limitation:
(a) Specify the location and
protocols that will be used by the applicant for the sampling and laboratory
analysis of at least 20 seasonally representative samples collected
approximately every 90 days over a period of at least 5 years to establish the
baseline water quality of a surface water or segment thereof; and
(b) Be submitted to the Department for
approval not later than 90 days before the applicant proposes to begin
conducting sampling activities.
5. The Director may establish an interim
baseline value for the purposes of issuing a permit based on the results of
eight seasonally representative samples collected by the applicant in
accordance with a sampling and analysis plan that has been approved by the
Department pursuant to subsection 4. An interim baseline value established
pursuant to this section is valid until the earlier of:
(a) One year after the last day of the
timeframe required to establish the baseline water quality pursuant to an
approved sampling and analysis plan; or
(b) The date on which the Commission
establishes a requirement to maintain existing higher water quality for the
surface water or segment thereof.
Added
to NAC by Environmental Comm'n by
R113-22A,
eff. 4/19/2024
NRS
445A.425,
445A.465
