Section 445A.Sec. 16 - NEW1. 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.Nev. Admin. Code § 445A.Sec. 16
Added to NAC by Environmental Comm'n by R113-22A, eff. 4/19/2024