Section 445A.Sec. 17 - NEW1. If the antidegradation review conducted by the Department pursuant to sections 15 and 16 determines that the discharge for which an application is submitted will degrade the baseline water quality, interim baseline value or requirement to maintain existing higher water quality, as applicable, for a parameter of concern in the receiving water that has been designated as having a tier 2 level of antidegradation protection, the Department shall, for the purposes of NRS 445A.565, require the applicant to submit to the Department for review by the Commission an analysis of alternatives which must include, without limitation: (a) The information required in subsection 2 of NRS 445A.565;(b) Alternative treatment technologies;(c) Alternative discharge locations;(d) Alternative processes that would improve discharge quality;(e) Seasonal or controlled discharge; and(f) An alternative that does not result in the discharge.2. If an applicant is required to conduct an analysis of alternatives as a requirement of other permitting activities or environmental reviews and the analysis of alternatives meets the requirements of subsection 1, the same analysis of alternatives may be submitted for the purposes of subsection 1.3. If the analysis of alternatives does not identify a technologically feasible and economically achievable alternative that would not result in the degradation of the baseline water quality, interim baseline value or requirement to maintain existing higher water quality, as applicable, for a parameter of concern in the receiving water:(a) The applicant must submit to the Department, for approval by the Commission, a justification based on the economic or social importance of the proposed discharge that demonstrates why the degradation of the water quality for the parameter of concern is necessary; and(b) For the purposes of NRS 445A.565, the Commission will hold a public hearing on an application subject to the provisions of this section.4. Following a hearing held pursuant to subsection 3, the Commission may approve the issuance of a permit by the Department that will result in the degradation of the baseline water quality, interim baseline value or requirement to maintain existing higher water quality, as applicable, for a parameter of concern in the receiving water that has been designated as having a tier 2 level of antidegradation protection if the Commission determines that: (a) The degraded water quality for the parameter of concern is justifiable because of economic or social considerations;(b) The discharge will not result in the parameter of concern in the receiving water failing to meet the applicable water quality standards set forth in NAC 445A.11704 to 445A.2234, inclusive; and(c) The discharge is consistent with the requirements set forth in this chapter and chapter 445A of NRS, including, without limitation, that:(1) The highest and best degree of waste treatment available under existing technology that is reasonably consistent with the economic capability of the project or development is used to prevent or reduce the degradation of the water quality of the receiving water; and(2) All cost-effective and reasonable best management practices for diffuse source pollution control required by this chapter and chapter 445A of NRS are achieved to prevent or reduce the degradation of the water quality of the receiving water.5. If the Commission approves the issuance of a permit that will result in the degradation of the baseline water quality, interim baseline value or requirement to maintain existing higher water quality, as applicable, for a parameter of concern pursuant to this section, the Department shall ensure that the effluent limitation established in the discharge permit for the parameter of concern pursuant to NAC 445A.243 is not less protective than the applicable water quality standards for the receiving water.Nev. Admin. Code § 445A.Sec. 17
Added to NAC by Environmental Comm'n by R113-22A, eff. 4/19/2024NRS 445A.425, 445A.465, 445A.565