Proposed Regulations for Antidegradation and EAWs
This webpage provides information on Nevada’s rulemaking process for establishing an antidegradation program, with implementation procedures and a process for nominating and classifying unique waterbodies as ecological and aesthetic waters (EAWs). All meetings, hearings, documents, and correspondence will be available on this webpage throughout the rulemaking process.
The Nevada Division of Environmental Protection (NDEP) is proposing a regulatory action for adoption of an updated antidegradation program with clear implementation procedures that would be applicable to all surface waters of the State. The proposed regulatory action also outlines a process for nominating certain State waters that have exceptional or special water quality characteristics or important ecological, aesthetic, or recreational value as an “ecological or aesthetic water” (EAW). The designation of an EAW would involve a future formal rule-making process specific to the nominated waterbody.
The objective of antidegradation is to protect the existing quality of all surface waters. This objective is achieved through adoption of an antidegradation program and implementation procedures to ensure that waters are protected from regulated activities that have the potential to lower the water quality. EAWs are afforded a higher level of antidegradation protection to maintain and protect the unique or special characteristics of that water.
Key date and times of upcoming virtual meetings regarding this action:
All meetings will be held virtually from the Bryan Building at 901 South Stewart Street, Carson City, NV in the Great Basin Conference Room, located on the 4th Floor, South.
- September 2, 2021, 9:00 am to 11:00 am - Webinar for NDEP to introduce and discuss the proposed antidegradation program, implementation procedures being established and the proposed process for nominating and classifying surface waters as EAWs. An overview of the re-drafted Regulatory Petition R119-20 will also be provided during the webinar.
- September 9, 2021, 1:00 pm to 4:00 pm – Technical Session #1 for informal stakeholder, agency and public input and comment on proposed regulatory action and discussion of R119-20.
- September 16, 2021, 9:00 am to 12:00 pm – Technical Session #2 for stakeholder, agency and public input and comment on proposed regulatory action and discussion of R119-20.
The official Rulemaking Workshop is tentatively scheduled for October 13, 2021.
Formal comments on the proposed action, which the public wishes the NDEP to consider prior to the publication of the proposed petition on State Environmental Commission Agenda, will be accepted no later than 5:00 pm on Friday October 22, 2021.
Submit comments to:
Dave Simpson, Supervisor
Bureau of Water Quality Planning
901 S. Stewart Street, Suite 4001
Carson City, NV 89701
dsimpson [at] ndep.nv.gov
(O) 775-687-9548 | (F) 775-687-9561
Documents and Correspondence
- DRAFT Fact Sheet: Implementing Nevada’s Antidegradation Program
- DRAFT Fact Sheet: Nevada’s Ecological and Aesthetic Waters (EAWs)
- FAQs: Frequently asked questions on proposed action
- "Road Map" to Proposed Regulation R119-20
- DRAFT Petition R119-20
- DRAFT Antidegradation Implementation Procedures
- DRAFT Nevada’s Antidegradation NDEP Permit Writers’ Guidance