NEVADA DIVISION OF 

ENVIRONMENTAL 

PROTECTION 

December 16, 20 15 

Cheryl Nelson, LND-1 -1 

USEP A Region IX 

7 5 Hawthorne Street 

San Francisco, CA 94150 

Dear Ms. Nelson: 

STATE OF NEVADA 

Department of Conservation & Natural Resources 

Brian Sandoval, Governor 

Leo M. Drozdoff, P.E., Director 

David Em me, Administrator 

Enclosed is Nevada's application for final authorization for all changes to the federal RCRA 

program that occurred between July 1, 2007 and July 1, 2008 (RCRA Cluster XVIII). 

Nevada is currently implementing these provisions under state authority but is now requesting 

approval to administer them in lieu of EPA. Please contact Jim Trent (775) 687-9478 or Valerie 

Kauffman (775) 687-9464 of my staff ifyou have any questions. 

Sincerely, 

?{Eric Noack, Chief 

Bureau of Waste Management 

Nevada Division ofEnvironmental Protection 

enc: 2008 Authorization Application 

ec: Jim Trent, NDEP 

Marc Mowrey, EPA- Region IX 

Madeline Gallo, EPA Region IX 

Laurie Amaro, EPA Region IX 

901 S. Stewart Street, Suite 4001 • Carson City, Nevada 89701• p: 775.687.4670 • f: 775.687.5856 • ndep.nv.gov 

printed on recycled paper 

ADAM PAUL LAXAL T 

Attorney General 

STATE OF NEVADA 

OFFICE OF THE ATTORNEY GENERAL 

1 00 North Carson Street 

Carson City, Nevada 89701-4717 

December 16, 2015 

ATTORNEY GENERAL STATEMENT 

FOR FINAL AUTHORIZATION FOR CHANGES 

TO THE FEDERAL HAZARDOUS WASTE PROGRAM 

WESLEY K. DUNCAN 

Assistant Attorney General 

NICHOLAS A. TRUTANICH 

Chief of Staff 

I hereby certify, pursuant to my authority as Attorney General and in accordance with 

Section 3006(b) of the Resource Conservation and Recovery Act, as amended by the 

Hazardous and Solid Waste Amendments of 1984 (42 U.S.C.§ 6901 et seq.), and 40 

C.F.R. 271.7, that in my opinion the laws of the State of Nevada provide adequate 

authority to carry out the hazardous waste program set forth in the Program Description 

submitted by the Nevada Division of Environmental Protection on March 20, 1992, and 

the Program Description Addendums submitted on May 6, 1994; March 13, 1995; 

March 25, 1996; March 16, 1998; March 13, 2000; November 16, 2001; May 27, 2004; 

August 30, 2004; and the Program Revision Applications submitted on January 25, 

2005, May 15, 2006, and November 16, 2015, and meet the requirements of 40 C.F.R. 

Part 271, Subpart A. The specific authorities provided are contained in statutes or 

regulations lawfully adopted at the time this Statement is signed and which are in effect 

now. The statutory authorities for the State are documented in the State's RCRA 

Statutory Checklist, dated April 1, 2010, and attached to this statement (See Attachment 

A). 

In my opinion, statutes relied on in previously approved authorization applications have 

not been amended, modified or revised by statute or judicial decision in a way that 

diminishes and interferes with the authority to carry out the previously authorized 

hazardous waste program to meet the requirements of 40 C.F.R. Part 271, Subpart A. 

The provisions for which the State is seeking authorization are documented in the 

RCRA XVIII Checklist (Attachment B). Differences between the State's provisions and 

the Federal provisions are noted on Attachment C. The official State regulations may 

be found in Nevada Administrative Code (NAC) Chapter 444. This certification 

supplements my or my predecessors' certifications of November 12, 2015; May 11, 

2006; January 21, 2005; August 30, 2004; May 25, 2004; November 1, 2001; February 

27, 2000; September 12, 1998; March 1, 1996; February 28, 1995; May 4, 1994 and 

March 20, 1992. 

Telephone: 775-684-1100 • Fax: 775-684-1108 • Web: ag.nv.gov • E-mail: aginfo@aq.nv.gov 

Twitter: @NevadaAG • Facebook: /NVAttorneyGeneral • YouTube: /NevadaAG 

December 16, 2015 

Page 2 

NRS 459.485 and 459.490 together provide the State's Environmental Commission with 

the authority to adopt by reference as State regulations Federal hazardous waste 

regulations. The Federal hazardous waste regulations as they existed on July 1, 2008, 

which include the new provisions in Attachment 8, have been adopted by reference at 

NAC 444.8632 as modified by NAC 444.86325, 444.8633, 444.8634 and LCB File 

R153-08 (Attachment D), effective April 23, 2009. 

ADAM PAUL LAXAL T 

A/: Gene~ai,L , 1 

By:'· "~ ;dw/;;(;;:J Ja$mine K Mehta 

s'e'nior Deputy Attorney General 

Nevada Attorney General's Office 

jmehta@ag.nv.gov 

775-684-1216 

IAttachmen!A I 

FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

Authori:zntion Basis for Codification 

(AG Staremenl and Clusters/Rules) 

OGRAM AUTHORIZATIO:\ 

ram: lA, !B. IC, II, HI, IVA, IVB, V 

n date: May 1, 1985 

lation CL 

arutory CL: 

ment: Signed 7/15/85 

No MOA found in the Administrative 

! Authodzation/Codification History 

Federal 

50 FR42181 

Publication 

Date 

J 0/18185 

Effective 

Date 

11/1/85 

Statutes Included ill Authorization/Codification Materials 

NRS 444.700 et, seq. A complete set of stawtes was not found in the 

authorization mmerials and the FR authOrization notice does not contain 

any statutory citations. Per AG Statement, statutes were those in effect 

3127185. 

Records __ --i------+-----

i\1 REVISJON I (PR I) ;-\ complete set of statutes was not found in the authorization materials. 

gujrements: CLs 1-8 The AG Statement cites the following statutes: 

WACiusterl: CLsAI,9, 10, II, 12,13.15 

A Cluster II: CLs !3.2, 24,26 

A Cluster Ill· CLs MW,, 27, 28N, 29.35-38 

A Cluster IV: Cl..s 40, 41-43, 45, 46 

A Cluster V: CLs 49, 52N. 53, 54, 54.1, 55, 56-61 

A Cluster VI: CLs 24A, 64, 65, 67, 70-73, 76, 78N 

uster I· CLs SRJ, SR2, BB, CP, Sl, 14, 16. 17A, 17CS, 18, 19, 20, 20.1, 21-23, 25, 28H, 30-

34,34.1 

lusJllil; CLs 39, 44A-G, 47. 48, 50, 52H, 62, 63, 66, 

66 I, 68, 69, 74, 75, 77, 78H, 79 

ster 1: CLs 80-91 

Nevada was inappropriately authorized for Rule I 13.1 

ackage. See Program Revision 2 tOr the authorization 

 

57 FR I 8083 4/29/92 

Statutes directly related to the hazardous waste program 

• NRS 41.450 through 41.570 · i 

• NRS 2338.040(3) 

• Specific provisions ftom NRS 445.151 through 445.224 

• NRS 459.400 through 459.600 

• Rule 24(a) 

Additional Statutes 

6/29/92 • NRS 444.400 tlu'ough 444.650 {Solid Waste) 

• NRS 459.700 through 459.780 (Handling of Hazardous Materials) 

• NRS 459.800 through 459.856 (Storage Tanks) 

n date: March 20, 1992 

MOA found iil the Administrative Records 

The AG Statement and FR authorization notice also cite the following 

specific provisions: NRS 459.465, eff. 1981; 459.470, eff. 1981; 

459.485, eff. 1991; 459.490, eff. 1987; 459.500, eff. 1985, 1987, and 

J 989; 459.515, eff. 198 J; 459.520, eff. 1985 and 1987; 459.525, eff. 

1987; 459.550, eff. 1981; 459.555, eff. 1983, 1985, and 1991; and 

459.600, eft: \983, 1985, and 1991. 

ent: Signed 3/20/92 

I I I I [N. 'ote that. Nevada was inappropriately authorized for Rule I J 3.1 with this 

1 _ p~~kage. _§_ee Program Revision I! for the authorization ofCL I 13.] 

nv_cdffi0_slat_crosswalk_20J0-04-0 l.doc- 3936.0058.NV05 [R<!vi.~ed: 4/J/IO]fPriotcd: 412110] 
Codification 

!-initial codification 

' 

Initial codification 

Initial codification 

ood;fical;on 

FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

Authorization/Codification History (cont'd) 

I 

r 

Federal I 

Authorization Basis for Codification Reg1stcr 

(AG Statement and Clusters/Rules) Reference 

PROGRAM REVISION 2 fPR lll 

RCRA Cluster II: CLs 92,94-106 

RCR.A Cluster IlL CLs 107-124 59 FR27472 

59 FR 32489 

Submission date: May 9. 1994 (correction) AG Statement: Signed 5/4/94 

MOA: State signed 3/20/92; RA signed 4/! 7/92 ' 

PROGRAM REVISION 3 (PR JIJ) 

RCRA Cluster IV: CLs !25·!34 

Submission date: March 13, !995 

60 FR 18358 

AG Statement: Signed 2128195 I i MOA: No MOA tbund in the Administrative Records 

PROGRAM REVlSION 4 (PR IV) RCRA !V: CLs !26.1 

RCRA Cluster V: CLs 135-137.1, 139-!42, 144 

61 FR 32345 

Submission date: March 28, J 996 

I AG Statement. Draft AG unsigned and undated 

1 MOA: No MOA found in the Administrative Records 

REVISION 5 !PR Vl 

RCRACtusterVI: CLs 145,148,150,151, 151.1·151.6 

RCRA Cluster Vlf: Cls 6•1 FR4596 

Submission dare: September 22, 1998 

AG Statement: Signed 9/12/98 

MOA: No MOA found in the Administrative 

II 

Authorization/Codification History 

Publication Effective 

Date Date 

5/27/94 7/26/94 6123194 

4/ll/95 6112/95 

' I 

' 

1129199 3130199 

I Statutes Included in Authoriza

A complete set of statutes was nol foun

The AG Statement and FR authorizatio

provisions: NRS 459.485, cff. 1991; 4

1989:459.520, eff. 1987; 459.525, eff

If''"' '' "'" '"-"

however, the date for the end of the co

conected in the June 23, 1994 FR noti

A coffiPlete set of statutes was not foun

fhe AG Stntement and FR authorizatio

provisions: NRS 459.485, eff. 199!; 4

I 1989. 

I 

A complete set of statutes was nor foun

The AG Statement and PR authorizatio

provisions: NRS 459.485, eff 1991; 4

A complete set of statutes was not foun

The t'\G Statement and FR authorizatio

provisions: NRS <159.485, eff. 199! an

authorization f_B, notice; NRS 459.485, 

listed in the AG 5tJtcment. 

nv_cdfOO_stat_crosswalk_20 
FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

Authorization/Codification History (cont'd) 

Authorization/Codification History 

Federal 

Authorization Basis for Codification Reois:ter Publication Efft!Cth·e 

(AC Statement and Clustl!rs/Rules) Reference Date D!,i,te Statutes Included in Authorization/Codification Materials 

AM REVJSION 6 {PR VJi A complete set of sratutes wns not found in the nuthorization materials. 

uster VIII: CLs 160-164, 166, 167A-C, 167E, -168 

167 FR 40229 

The AG Statement cites the following provisions: NRS 459.485, efT. 

uster IX· CLs I 69- I 81 1991 and 459.490. eff. 1993. 

n date: March 13,2000 and Novemb~r 6, 2001 06112102 08!12/02 

ment: RCRA Vl!J; Signed 2117100. I I I 

RCRA TX: Signed! 111/01 

o MOA found in the Administrative Records ! I ""--

Program th.~ough Prog~am Re~isiOn 6 Checldists . Private Actions to Enforce Statutory or Regulatory ContrOls for 

n of 1999 CFR and the July 6, 1999 FR notice (64 FR I Environment:li Protection, NR5_ 41.540 to 41.$70 .. 09:9..~). 36466)) I • NRS 2338.040(3) ~Administrati\•e regulations; adoption of 

I Was Not Codified material by reference~ (1993). 

is not uuthorized for Revision Checklists/Rules 176, . Water Pollution Control, NR$ ~.~_5A,300 to 4~~~..J30 (1993) . 

nd~· The State has also adopted CL 152 which is I . Disposal of Hazardous Waste, NRS 459.400 to 459.600 (19.$.!3) . 

non-delegable . Rules of Civil Procedure, Rule 24(a) "Intervention as of right in 

civil aciion for interested persons.; {1993}. 

nv cdtlJO stat crosswalk 2010·04-0l.do~- 3936.0058.NV05 

- - - - fR::I'iscd: 411/IO][Printed: .J/2110] 

iii 

I 
I I 

Codification 

I 

Initial codification 

I 

! 

I 

I 

' 

I 

I 

Initial Codification 

I 

See Notes on the next page. 

NOTES' 

FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

Authorization/Codification History (cont'd) 

Authorization/Codification History 

federal I 

Publication t I Authorization Uasis for Codification Register I EffcctiYe (AG Statement and Clusters/Rules) Reference l>ate Date Statutes lncltJdcd in Authoriz

PROGRAM ltEVlSION 7 (PR VIQ A complete set of srntu'tes was not fou

RCRA Cluster X: CLs 182-187 The AG Statement cites the following 

RCRA Cluster XI: CLs 188 - I 93 RCRAX' NRS 459.485, ef

~RA Cluster XII: CLs 194- 199 (in revised regul

RCRA Cluster XII/; CLs 200-202 RCRA XI' NRS459.4S5,ef

RCRA Cluster XIV: CLs 203 - 205 (in revised regul

RCRA Cluster XV: CLs 206 .. 208 RCRA XII: NRS 459.485,45

regulations), as i

Submission dates: date) 

RCRA X: 5127104 RCRA XIII' NRS 459.485,45

RCRA XI & X!f: 8/30/04 74 FR 8757 02r26/09 04/27/09 regulations), as i

RCRA XIII' !125105 date) 

RCRA XIV&XV' 5115106 RCRA XIV&XV: NRS 459 485,45

as in effect on 51

AG Statements: 459.550 eff. I 98 

RCRAK Signed 5/25(04 (Attachment D). 

RCR/\ XI & Xlf: Signed 8/30/04 (2 AGS) 

RCRAXIII: Signed l/2 1/05 

RCRA XIV&XV: Signed 51! 1!06 

MOA: No MOA found in the Adminislrative Records I 

Base Program through RCRA Cluster XV • Private Actions to Enforce Statu

(Adoption of2005 CF'R) Environmental Protection, NRS 

. NRS 2338.040(3) Administrativ

Nevada is not authorized for nevis ion Checklists/Rule..'i 178, Subject of This Crosswalk material by reference {2005). 17B.I. The State has also adopted CL 152 which is non- . Water Pollution Control, NRS 4

delegable • Disposal of Hazardous Waste, N

. Rules of Civil Procedure, Rule 2

I civil action for interested oerson

nv cdffiO stat crosswalk 20

·- -· - .. 

IV 
FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

Autborization/Coditication History (cont'd) 

nnation 

gulations 

ection Agency 

d Waste Amendments of 1984 

 I 

11tes 

 

ion and Recovery Act 

 evaluMe State statutes: 

t are cited on an AG Statement or an authorization Federal Reeister article are assumed to be part of the approved program unless indicated otherwise in the authorization materials. 

dous waste statutes (NRS 444.700 et scg.) were not available for evaluation during the development of this crosswalk. A comparison of citations comained in the Base AG Statement with 

nts indicates that the statutes were renumbered (with possible revision) between the time of Base Program authorization and the Program Revision I authorization. A consolidated AG Statement 

f the PRJ authorization application. Thus, it is assumed, for purposes of this crosswalk, that the entire program, including renumbered and/or revised statutes, was reviewed and aprroved as part 

n. As such, the crosswalk does not include authorization histOI)' for the Base program except when the following criteria are met: 

rrent hazardous waste statutes (NRS 459.400 to 459.600) was not cited in any authorization materials subsequent to the Base authorization; 

izes agency actions with regard to administration of the hazardous waste program; and 

ory indicates that the provision existed at the time of Base authorization and has not been amended since that time. 

t are not part of the Disposal of Hazardous Waste Act (NRS ,159.400 to 459.600) ;md that are not cited on an AG St<Hement, or an authorization article are assumed not to be p<u1 of the 

are not included on this crosswalk. 

stantive statuwry provisions for which regulations have not been promulgated arc codified. The following approved staruwry provisions are not codified, and will be referenced in the 

gister notice and in 40 CFR Part 272: 

de authority for rulemaking; 

ocedural/enforcement in nature: and 

provisions directly impact the regulated community, but for which regulations have been passed. This is because it is assumed that thl! regulatory provisions are relied upon for 

v 

nv _ cdfDO _stat_ crosswalk_ ::w I l.doc- 3936.0058.NVOS 

{R.:viscd: 4/1/IO]!Primcd: -112 -I OJ 
FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

Authorization/Codification History (cont'd) 

3) The AG Statements And Federal Register authorization notices most often cite authority at the section level instead of at the subdivision or paragraph level. !n those instances, it is assum

that the entire section was reviewed and authorized with the exception of subdivisions or paragraphs that do not apply to the hazardous waste management program. 

4) The date of the approved version indicated in this crosswalk retlects the year of adoption or last amendment as identified in the FR notices, the AG Statements, and the amendatory histo

provision. 

5) The following authorization application materials were not available for use in the development of this crosswalk: the Legislation Checklist; the Availability of lnfonnation (AI) Check

and, Program Descriptions. However, this did not have an apparent impact on the dc\·elopment of this crosswalk because of the extensive documentation of statutory authority containe

Statements. 

nv cdfTJO st<Jt crosswal

- - - 

VI 
FINAL CROSSWALK OF NEVADA STATIJTORY PROVISIONS 

 I 141 151 

 of I 

st 

ent I 

oved , Section Heading{ 

ion j Deseription/RCR..:\ analog / Basis for Classification 

161 

Authorized: 

,\pproved and 

lncorpor:llcd by 

Reference: 

272.1451(c)(l) 

Not incorpor:1ted by Reference 

171 

Appro\·cd: 

Procedural & 

'EnfMccment 

Requirements: 

! 272.145l(cl(2) 

181 

Broader in 

Scope 

Provisions: 

272.145I(c)(3) 

191 

Extra or 

tJnauthorized 

Pro\•isions: 

I 

Omit from 

codification 

·or Re .. ulatorv Controls for Environmental Protecl_ion, !\'RS 41.540 to -IJ.570 (2005).;::-c::-:-::-:c;::::ccc;---;;-------,-------,-

1 Pnvate actJons to en fore!! statutory PR lAG Statemcnt p 35 rhe provisiOn h<:~s not changed I 

or regulatory controls for srnce 1971 X 

env1ronmenral Protecuon ------'---

Chapter 2338 (2005). For purposes oftlus crosswalk only the provts~specificallv cited 111 auth .. onzation matenal~valuated. --.. ·~ ~ 

5 AdmuustratJve regulatiOns, adoptmn Cited on p. 3 of PR I AG Statement to demonstrate that the I I 

of material by reference CommJsston has authonty to adopt the Federal hazardous X 

waste re_gulatJon<> h:-' reference Nor changed smce 19~~-- ,~ __ 

te, NRS 444.4-10 to 444.620 (1993). 

A ' Collection and disposal of solid I Cited on p. 2 of PR I AG Statement to demonstrate that , 

I waste. there is no overlap ber.vecn the State's solid waste statutes I I 

j and its hazardous waste statutes. Not considered part of 

·:-:=c--:-:-:-:=-:c=- hazardous waste progrnm. ---• _ '" . j_ ____ _ 

e, NRS 444.630 to -14-1.645 1993 . 

Unlawful disposal of garbage or Cited on p. 2 of PR I AG Statement to demonstrate that i I 

I sew01ge. there is no .. overlap bctv.-een the State's solid waste statutes L , 

and its hazardous waste statutes. Not considered patt of I 

-;-;c7:;;o;-;-;;;;;~_L---~-----------'~h~a~z~a~rd~o_,u~ ~vaste program. __ 

3. 

~-l"o";~,p~o=;~al>o~f~;=e~w~a~g~e.-------------r~c""ite~d~on~p-.2~o~f7,P7,R~I~A~G~S~r~,,=,~n~,,~n~t~to~d~e~n~,o~,~,,~,.~,,~,,~,~h~a~r----r-------------r-----------,------------,---

there is no overlap benveen the State's solid wnste statutes 

and its hazardous waste statutes. Not considered part of 

hazardous waste_ pro2:ram. 

nv_cdffi0_stat_crosswalk_20 10·04-0 1 .doc- 3936.0058.NV05 

[Revised· .j/1/1 OJ! Primed· 4/2il OJ 
FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

Ill 121 131 141 I [5] Not 

161 ]7] 

State Date of Authorized: Approved: 

Citation as Most Approved and Procedural & 

found in Recent Incorporated by Enforcement 

State Citatiun previous Approved Section Heading/ 

• 

Reference: Requirements: 

(NRS 2006) statutes Version Dcscription/RCRA analog Basis for Classificalion 272.1451(c)(l) 272. I 451 (c)(2) 

Water Pollution Control, NRS 445A.300 to 445A.730 (2005). For purposes of this crosswalk, only those provisions specifically referenced in AG Statements or FR notices are evaluated; 

considered part of the hazardous waste program. 

445A.345 1445 151 ;n 1973 "Discharge" defined. 

PR I 

I 

445A.395 4<15.176 in 1979 I "Po;nt 'o"cce" defined. 

PR I 

445A.400 445.178 in 1981 "Pollutant'' defined. 

PR I 

I I I 

445A.4!5 445.191 in 1973 "Waters of the state" defined. 

PR I 

' 

I PR I AG Statement, p. 29; NRS 445.151 dted as pact of 

authority to close surface impoundments that do not meet 

1 

strmdards established in haz<lrdous waste regulations; 

surface are considered waters of the state. 

Not changed since 1973 except for renumbering. 

PR I AG Statement, p. 29; NRS 445.176 cited as part of 

authority to close surface impoundments that do not meet 

standards established in hazardous waste regulations; 

surface impoundments are considered waters of the state. 

Not changed since 1979 except for renumbering. 

PR I AG Statement, p. 29; NRS 445.178 cited as pm1 of 

authority to close surface impoundments that do nor meet 

standards established in hazardous waste regulations; 

surface impoundments are considered waters of the state. 

Although the AG Statement cites the 1973 version, the 

provision had been amended in 1981 according to the 

amendatory history in the statutes; for purposes of this 

crosswalk, it is assumed that the 1981 version was deemed 

1 acceptable at the time of authorization for PR T. Not I changed since I 981. 

PR I AG Statement, p. 29: NRS 445. I 91 cited as part of 

authority to dose surface impoundments rhat do not meet 

standards establ1shed in hazardous waste regulations; 

I surface impoundments are considered waters of the state. ! Not changed smce 1973 except for renumbering. 

2 

X 

X 

I 

X 

I ' 

I 

I 

X 

i 

nv _cdf00_stat_crosswalk_20 
FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

I 141 

I 

of 

t 

nt 

wd I Section Heading/ 

on DescdptionfRCRA analog 

1 j Injection of fluids through well or 

diSCharge of pollutant wtthout permit 

prohibited. 

! 

I 

-

5 Permits: Issuance prohibited in 

ce11ain cases. 

i 

~·lances, NRS 459.380 to -159.38?4 (199~)·:· .. 

A \ Hazardous or highly hazardous 

substances statutes. 

I 

151 

---

Basis for Classification 

PR I AG Statement; NRS 445.221 cited on p. 23 ofPR I 

AG Statement as authority prohibiting all underground 

injection of hazardous waste and on p. 29 as part of 

authority to close surface impoundments that do not meet 

standards established in hazardous waste regulations: 

surface impoundments nrc cOJlsidercd waters of the state. 

Not changed since 1991 except for renumbering. 

PR I AG Statement, p. 29: NRS 445.224 cited as part of 

. authority to close surface impoundments that do not meet i standards established in hazardous waste regulations; 

surface impoundments are considered waters of the stare. I Not changed since 1985 except for renumbering. 

I Cited on P- 3 ofPR I AG Stotem,nt to d'monsJmt' that 

hazardous substance stan1tes do not adversely affect 

Nevada's ability to receive program approval. Not 

· conside!·~.d part oft he ha1..ardous waste program. 

Added to NRS in !981. PR l AG Statement, p. 2. Applies 

to administration of hazardous waste program; not changed 

since 1981. 

I 

I 

I Not incorporated hy Reference 

161 171 181~ 191 I Authorized: I Approved: Extra or 

Approved 1111d Procedur!ll & Bro:~der in . Unauthorized 

Incorporated by Enforcement Scope I Provisions: Reference: Requirements: Provisions: Omit from 

272.1451(c)(l) 272.1451(c)(2) 272.1451(c)(3) codificrttion 

X I 

I 

i 

I 

-----

X l_L ___ 

Li I X I 

X 

nv_cdf00_stat_crosswalk_20 10-04-0\.doc- 3936.00SS.NVOS 

/Revtscd: .J/l!\OJ[Prill!~d: 1112110] 

I 

I 

I 

I 
Ill 

St:1tc Citation 

(NRS2006) 

St:lte 

459.405 459.405 

459.4! 0 

i 459.415 

459.420 

459.425 

459.428 

' 

! 

i 

I 

121 

Stat~ 

Cit11tion as 

found in 

rrevious 

statutes 

Stat~ 

Cit11tion as 

found in 

(lrevious 

statutes 

Same 

444.704 444.704. in : 

Base 

444.706 in 

Base 

i 444.708 in 

Base 

I 444.710 in 

Base 

Same 

I 

131 

Date of 

Most 

Recent 

Approved 

Version 

1991 

198! 

!98! 

198! 

!98! 

NA 

FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

I 

! 

1'1 

Section Heading/ 

Description/RCRA analog 

Definitions. 

"Commission" defined defined. 

"Department" defined. 

"Director" defined. 

I "Disposal" defined. 

"Hazardous materi:tl" defined. 

i 

151 -r---

I I 161 Authorized: I Approved :md Incorporated by 

Reference: 

16 

-- Autho 

Approv 

I 

lncorpor 

B:1sis for Classification 272.145 272.1451(c)(l) . 

Added to NRS in 198!. PR I AG Statement, p. 4 ( 1991 ). I Not ch::mged since 199 I. Although the amendatory history indicates a change in both 1999 and 2003 the changes adding a reference to "and section I of this act" in !999 and "sections 8 and 9 or this act" in 2003 were never officially 

I Refen I 

Not 

Added 

indicates 

ch::mged 

to 

a 

NRS 

change 

since 

in 198!. 

in 

""'"'"""""::._ 199 

both 

I. 

PR 

Although 

1999 

I AG 

and 

Sta< 

the 

2003 

........ 

amendatory 

the 

, ... f'·..,. 

changes 

-·~- 1 .... 

history 

,, 1. -~ 

adding a reference to "and section I of this act" in !999 and 

"sections 8 and 9 or this act" in 2003 were never officially I adopted. adopted. The te.xr of the provision provision has not changed changed since I I !99!. 

·-

Not in

171 

Approved: 

Procedural & 

Enforcement 

Requirements: 

272.145l(c)(2) 

X 

I Added I 

to NRS in 1981. PR I AG Statement, p. 4. Not I 

\ 

changed X since 198 I. ! Added to NRS in 198 I. PR I AG Statement, p. 4. Not X changed since 198 I. I 

Added to NRS in 1981. PR I AG Statement, p. 4. Not 

L--_x_~

Added w NRS in 1981. PR I AG Statement, p. 4. Nor 

changed X since 1981. 

I AddedtoNRSin 19.81. PRIAGStatement,p.4. Not 

I , changed since X t9S I. 

Added 

to NRS in 1989. All definitions generally cited in 

PR I 1\G Statement. p. 4; however, this definition is 

relevant for administration of the handling of hazardous 

materials program authorized pursuant to NRS 459.700 to 

459.780, which is compared to the US Department of 

Transportation hazardous mmerials. program on p. 2 of the 

same AG Statement; not pan of hazardous waste program. 

nv cdfOO ~tat crosswalk 2Q]

- - - - [

4 
FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

141 151 I NotincornoratedbvR 

~rerence 

I I - 

of 

t 

nt 

ved Section Heading/ 

on Description!RCRA analog Basis for Cl:lssification -

 ~Hazardous substance" defined. Added to NRS in 1991. Cited on p. 3 of PR I AG 

SratemenE to dt!monstrate that use of the term haz<~rdous 

substance in the hazardou~ waste statutes does nor adversely 

affect Nevada's ability to receive program approval. All 

definitions generally cited in PR I AG Statement, p. 4; 

i however, this defimtion is relevant for administration of 

I hazardous substance program at NRS <159.380 to 459.3874, 

which requires registration of facilities where hazardous I substances are handled and requires that a risk assessment 

be performed by each register..:d facility; not part of hazardous waste program. 

 ·'Hazardous waste'' defined. Added toNRS in 1981. PR lAG Statement, p. 4. (1981) 

In conformance with the new state definition of household 

waste at NRS 459.432, the state has added language to 

exclude household waste from the definition of hazardous 

waste, which is consistent with Federal. However, the new 

statu!OI)' definition of household waste excludes household 

hazardous waste (HHW). The effect is that the state 

definition of hazardous waste only excludes household solid 

waste making it broader than the Federal which excludes all 

household waste from the definition of hazardous waste at 

261 .4(b )( J ). Nevada's regulatory definition of haznrdous 

waste is being incorporated by reference. For the 

codification, the statutory definition is excluded. 

Regulation of HHW in Nevada would be Droader in scope 

than !he Federal program. Not changed since 1999. 

I 

I 

I ' 

181 

I 161 171 191 Authorized: ApprO\'Cd: Extrn or Approved and Procedural & B1·oader in Uuauthorizcd 

lncorpor:lltd hy Enforcement Scope I Provisions: 

Reference: Requirements: Pro\•isions: ! Omit from 272.145J(c)(l) 272.145J(c)(2) 272.1451(c){3) codification 

I 

I 

I 

I 

! I X 

I 

I 

I 

X 

I 

I 

11v_ cdfOO_stat_ crosswalk_ .20 I 0-04-0 !.doc- 39J6.00SS.NVOS 

[R<:\'ised: -Ifill OlfPrmwd: 4/211 OJ 

I 
Ill IZI 131 

State Date of 

Citation ns Most 

found in Recent 

Stnte Citation pte\·ious Approved 

(NRS 2006) statutes Version 

459.432 Same N/\ 

I 

1459.435 444.714 in 1981 

Base 

! 459.440 444.716 in 1981 

Base 

E-445 444.718 in I 

--

1985 

Base I 

' 

f 459.448 Same 

I 

NA 

I 

459.450 

I 

444.720 in 1981 

Base 

:159.455 I 444.722 in 1981 

Base 

FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS -

141 -T 151 l 

Section Heading/ 

Dcscription/RCRA analog Basis for Classification 

"Household waste'" de tined Added to NRS in !999. Nevada has added a definition of 

household waste that excludes household hazardous wastes 

(HHW), making the state definition na1Tower than the 

federal definition of the term at 40 CFR 261.4{b){ 1). This 

also appears to leave HHW open to regulation as hazardous 

waste which would make the Statl!'s program broader in 

scope than Federal: see the discussion for the definition of 

Hazardous Waste at NRS 459.430. Nevada's provision 

adopting 40 CFR 261.4(b)(l) is being incorporated by 

reference. This statutory definition is excluded from the 

I 

codification. 

"Management of hazardous waste·· Added to NRS in 1981. PR I AG Statement, p. 4. Not 

defined. changed since 1981. 

"Manifest" defined. I Added to NRS in 1981. PR I AG Statement, p. 4. Not I ' 

I changed since 1981. 

I .. defined. Added to NRSilll98f"PR!AG Statement, p. 4 ( 1985). 

Not changed since I 985. 

"Regulated substance" defined. Added to NRS in I 989. All definitions generally cited in 

PR I AG Statement, p. 4: however, this definition is 

relevant for regulation of underground s10rage tanks that do 

1 

not contain hazardous waste and is not part of the hazardous 

waste program 

. 

-

"Storage defined. ! Added to NRS in 198 I. PR 1 AG Statement p. 4. Not 

1 changed since 1981. 

defined. I Added to NRS in 1981. PR I AG Statement, P- 4. Not I i 1 changed since 1981. 

6 

-

Not in

161 171 

Authorized: Approved: 

Approved and Procedural & 

lncorponltcd by Enforcement 

Reference: Requirements: 1 

272.1451 (c)(l) 272.1 451(c)(2) 

i I ---- 

X / 

I X 

X 

I I 

-

X : 

X 

nv_cdf00_stat_crosswalk_20
FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

 [4[ i [5[ Not incorporated by Reference 

-

[6[ [7[ [8[ [9[ 

 of Authorized: Approved: I Extra or 

~t I Approved and l'roccdural & Broader in Unauthorized 

ent I I Incorporated by Enforcement Scope Provisions: 

ved Section Heading/ Reference: Requirements: Provisions: Omit from 

on Dcscriptiou/RCRA :u~:~log Basis for Cillssifkation 272.145l(c)(l) 272.1451(c)(2) 272.145l(c)(3) codification ···--

1 Applicability ofNRS 459.400 to Added to NRS in 1981. Cited on p. 38 ofPR I AG I 

459.600, inclusive. Statement ( 1981) as a provision clarifying the relationship I bcr.veen regulation of radioactive material nnd water 

pollution. Although the amendatory history indicates a X I 

I chilnge in 2003 the change adding a reference to "sections 8 i and 9 of this act" was never officially adopted. The text of 

I 1 the provision has not changed since I 981. I 

1 I Types or waste subJ"IIo NRS Added lO NRS in !981. PR I AG Statemenr, p. 7 ( l 981 ). 

I 

i 

459.400 to 459.600, inclusive. Although the amendatory history indicates a change in 2003 j 

the change adding a reference to "sections 8 and 9 of this X 

act" was never officially adopted. The text of the provision I 

i has not changed since 198 1. ! I I 

1 Department designated as state Added lO NRS in J 981. PR 1 AG Statemem, p. 35. Not I I 

agency for regulation of hazardous changed since 1981. X 

waste. 

9 Duties of dep:lrlmem. Added to NRS in 1981. Notspecifi~ally cited in 

authorization materials; in B<.~se statutes ll£ NRS 444.730; 

applies to administration of hazardous waste program. The 

1999 amendment added a new subparagraph at 2(c) 

addressing department responsibilities for waming about X 

consumer use of products for other than their intended use. This is a change to depanment procedures and has no effect 

on Nevada's approved authorities. Therefore the !999 

version can be used in the codir1cation. Nor changed since 

1999. 

-

nv cdfOO stat crosswalk 2010-04-0J.doc -3936.005S.NV05 

- - - - [Revised: 411/lOJ[Printed: 4/2/10] 

7 
Ill 121 131 

Stnte Date of 

Citation ns i\·lost I 

State Cit:ltion I found in Recent previous 

' 

Appro,·ed 

(NRS 2006) I statutes Version 

459.480 444.732 in 1981 

Base 

459.485 444.734 in 1991 

Base 

I 

' ' 

459.490 444.736 in 1993 

a .. !. .... 

FI:"'AL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

141 lSI 

Section Hellding/ 

DescriJitionfRCRA i analog Basis for Classification 

Delegation of responsibility for Added to NRS in 1981. PR I AG Statement, p. 2. Not 

enforcement ofNRS 459.400 to changed since 1981. 

459.600, inclusive. 

Duties of commission. Added to NRS in 198 J. 

PR 1 AG Statement, p. 4 ( 1991) 

PR 11 AG Statement, p. I (J99!) 

PR HI AG Statement. p. 2 { 1991) 

PR IV AG Statement, p. 2 ( 1991) PR VAG Statement, p. 2 (I 99!) PR VI AG Statement, p. 2 (1991) 

PR VII AG Statements, ( J 99 t) 

Not changed since 1991. 

General requirements for Added to NRS in 1981. 

regulations. PR I AG Statement, p. 4 (1987) 

PR l( AG Statement, P-I (1987) PR I l/ AG Statement. p. 2 ( 1987) 

PR IV AG Statement, p. 2 (1987) 

PR VAG Statement, p. 2 (1993) 

i PR VI AG Statement, p. 2 (1993) I PR VU AG Statements, (1993) ' 

8 

Not inc

161 171 

Authorized: Approwd: 

and Procedurnl & 

Incorporated by Enforcement 

Reference: Requirements: 

272.145J(c)(l) 272.J45l(c)(2) 

X 

X 

! 

X 
 I 

of 

st 

nt 

ved 

on 

. 

FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

1'1 [Sf 

St'ction Heading/ 

Description/RCRA :malog Bllsis for Classification 

Rt:gulmions concerning 1-··p:dded tO~i~S-i~--i9S_i_: 

transportation and handling of PR I AG Statement, p. 10 ()989) 

hazardous substances: Contents: PR If AG Statement, p. 5. (1989) 

enfOrcement The PR II AG Statement dies the I 989 version; however. 

the provision was amended in 1993 according to the 

amendatory history in the statutes. This change would have 

taken place prior to the authorization of PR II; thus, for 

purposes of this crosswalk, it was assumed that the 1993 

version was part of the authorized program. 

PR VII AG Statements (2003). 

Since 1993 the state has made minor grammatical changes, 

and at 459.500.1(b)(2) replaced an inaccurate internal 

reference. These changes are acceptable for codification. 

The state also made changes related to the OSHA 

requirements that address the safety concems of hazardous 

waste management employees which are outside the scope 

of RCRA. These changes do not affect the st:tle's approved 

hazardous waste program. The changes also include the 

addition in 2003 of 459.500.1(4), giving the commission 

authority to promulgate regulations addressing the 

certification of labs perfonning hazardous waste analyses. 

ft does not appear that Nevada has promulgated any 

regulations for lab ce11itication to date. lfregulatlons arc 

promulgated pursuant to these aurhorities the state program 

would be broader in scope since the federal does not have a 

~imilar certification process for laboratories. 

9 

I Not incorporxted by Rd'erence 

[61 [7[ [8[ [9[ 

Authorized: Approved: Extra or 

Approved :~nd Proccdur:tl & Broader in Unauthorized 

lncorporat~d by Enforcement Scope Provisions: 

Reference: Requirements: Provisions: Omit from 

272.145l(c)(J) 272.J451(c)(2) 272.1451 (c){3) codification 

X 

nv _cdf00_stat_crosswalk_201 0·04-0l.doc- 3936.005S.NV05 

lRevised: <111/lO]l'Printed. 4/2110] 

I 

I 

i 

i 
Ill Ill 131 

I State Date of 

I Citation :lS Most 

found in Recent 

State Citntion previous Approved 

(NRS 2006) statutes Version 

mTol' s:,me NA 

I 

i 

I I 

I 

459.502 Same NA 

L i 

FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

141 lSI ! 

Section 1-le:tding/ 

Oescription/RCRA :malog I B:lSis for Classification 

Certification of laboratory required Added to NRS in 2003. This new provision requires the use 

for perfonnance of analysis to detect of a certified lab lo obtain analyses related to the detection 

1 presence of hazardous waste or of hazardous waste in the environment. It does not appear 

regulated substance in soil or water that the following federal provisions requiring sampling for 

for certain purposes; exception. hazardous waste constituents in the environment address 

where to send samples for analysis: 

40 CR 264. Subpart F, from Solid Waste 

Management Units" 

40 CR 264/265, Subpart G, "Closure and Post-closure 

requirements"; 

.:10 CFR 265 Subpart f, Ground Water-monitoring 

Note that this is a substantive requirement that if enforced 

affects the state's hazardous waste program and would need 

to be addressed in the authorization FR notice. The 

provision has not been approved by EPA as part of the 

State's authorized program. Exclude from the codification. 

Certification of laboratOl)' required Added to NRS in 2003. Requires state certification for labs for performance of analysis for performing hazardous waste characterizations. As 

person.who generates waste to discussed relative to NRS 459.50 I, it does not appear that 

determine whether waste is , the federal provisions requiring hazardous waste 

hazardous. characterization, including 40 CFR 262.11 and 264/265.13. 

address where to send samples for analysis. 

Note that this is a substantive requirement that if enforced 

affects the State's hazardous waste program and would need 

to be addressed in the authorization FR notice. The 

provision has not been approved by EPA as part of the 

State's authorized program. Exclude from the codification. 

10 

I Not inc

161 171 

Authorized: Approved: 

Approved and Procedural & 

lncorporllted by Enforcement 

Reference; Requirements: 

272.1451(c)(l) 272.145l(c)(2) 

nv _ cdfDO _stat_ crosswalk_ 20 
FINAL -- ·-- CROSSWALK ------

.. . 

- - OF -

.. 

NEVADA . . - . - STATUTORY - --- -PROVISIONS -- -·--

 141 151 I Not incorporated by Reference 

I 161 171 181 191 

 of Authorized: Approved: Extra or 

st 

I 

Approved and ProcedurnJ & Broader in Unauthorized 

ent lncorponlted by Enforcement Scope Provisions: 

ovtd Section Hendingl Reference: Requirements: Provisions: Omit from 

on Description/RCRA. analog I Basis lOr Cl!lssification 272.1451(c)(l) 272.1451 (c){2) 272.145J(c)(3) codification 

A Agreements to provide srate land fOr i Added to NRS in 1981. Not specifically cited in 

areas for disposal of hazardous authorization materials. This provision pertains to the use of 

I 

X 

waste. state land for hazardous waste disposal areas. which is 

beyond the scope of the Federal hazardous waste program. 

A F.:es for use of areas for disposal Added to NRS in 198 I. Not specifically cited in 

owned by state: Amount; payment; authori7.ation materials. This pro\•ision pettains 10 the 

I wa;ver; collccr;on of ;nrecest; colk:ction of fees for disposal of hazardous waste on state X 

penalties. I land. which is beyond the scope of the Federal hazardous 

waste program. 

 Payment of additional fees by ! Added to NRS in 199 t. Not specifically cited in 

facility for management of authorization materials. This provision pettains to the 

I 

hazardous waste for training col!cction of fees, which is beyond the scope of the Federal emergency persom1el and ensuring I hazardous waste program. X I safety of shipment of hazardous materials; penalty for late payment. I ' 

1 Cmrstr"cr;on, alrerar;on or opemt;on r Added to NRS ;n 1981. PR 1 AG Statement, p. 15. Not I ' 

of t"acility without penn it unlawful: changed since 1981. j X exception. J 

nv cdfOO stat crosswalk 20\0-04-0I.doc-3936.0058.NV05 

- - - - !Revised: 4/1/JO][Prlm~d: 4/2/10] 

II 
FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

! -----~ ----,·-- Ill 121 JJJ J4J i JSJ Not in

161 171 

State Date of Authorized: ApprOYCd: 

Citation as Most A pprovcd and Procedural & 

found in Recent Incorporated by Enforcement 

State Citation previous Approl'cd Section Heading/ Reference: Requirements: 

(NRS 2006) st:Hutes Version Description/RCRA analog Basis for Classification 272.1451(c)(1) 272.1451 (c)(2) 

459.520 444.748 in 2005 Regulations governing pem1its. Added to NRS in 198!. 

Base PR fAG Statement, p. l 8. ( 1987) 

PRIIAGStatement,p. !2. (1987) 

Not changed since 2005. 

Note that, as explained on page 24 of the PR rAG 

Statement, Nevada's statutory provision at NR$ 459.520(4) 

provides that the pem1its cannot be issued for a period of more than five years. The State's statutory requirement is 

more stringent than the Federal provision at 40 CFR 

270.50(a) which allows penn its to be issued for up to 10 

years. The t\G Statement explains that although the State's Commission has adopted 40 CFR 270.50(a) by reference as X 

a State regulation, the more stringent statutory r~quircrnent (MS) 

is applicable. 

In 200 I made changes clarifYing that the construction of 

utilities is regulated under a separate act. 

In 2005 added 459.520(7) requiring that pennits not be 

granted for new or modified ha?..ardous waste disposal 

facilities unless they include a liner and leachate collection 

and removal system At 459.520(8) definitions were added 

for "landfill", "liner~, "leachate", and "leachate collection 

and removal.sy5tem". Additions are consistent with Federal 

1 landfil!_?esign requirements at 40 CFR 264.30 I. 

nv cdfOO stat crosswalk 20

- -

. 

- 

12 
[ 

e of 

st 

ent 

oved 

ion 

87 

A 

A 

A 

1 

JIJNAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

I [4[ j [51 I 

I Section Heading! 

, Descriptinn/RCRA allalog . --~---- Basis for Classification 

--· 

Financial responsibility of own~;r or · Add.:d to NRS in J 981. 

operator offacility; claim against I PR 1 AG Statement, p. 14. ( 1987) 

insurer, guarantor, surety or other I PR II AG Statement, p. 9. ( 1987) 

person providing evidence of Not changed since 1987. 

1 financial responsibility. I Account for management of Added to NRS in 1981. Nor specifically cited in 

1 hazardous waste: Creation; source; authorization materials. This provision penains to the I separate accounting for ce11ain fees creation of an account by the State for management of 

collected. hazardous waste, which is beyond the scope of the Federal 

hazardous waste program. 

i Account for management of Added to NRS in 1985. Not specifically cited in I hazardoos wosr<: Use. 1 authorization matenals. This provision pertains to the use I of an nccount by the State for management of hazardous 

, waste, which is beyond the scope of the Federal hazardous 

i waste program. I Account for management of Added to NRS in 1993. Not specifically cited in 

hazardous waste: Payment of costs authorization materials. This provision pertains to the 

of responding to leak, spill or payment of costs associated with State response to leak, 

accident; retmbursement; action by spill or accident, which is beyond the scope of the federal 

attorney general. hazardous waste program. 

Condition in pcmlit spectfying time Added toNRS in 1981. 

allowed for completion of PR I AG Sratement, p. 23. Nor changed since 1981. 

modification. 

13 

·f---~~---J--__ _:N~o=t~lo~c=o rporated by Reference 

[6[ 171 i [81 [9[ 

Extra or I Authorized: Approved: Approved and Procedur:1l & I Broader in I Unauthorized 

Incorporated by I Enforcement ' Scope Provisions: 

!{cfcrencc: Requirements: I Provisions: 1 Omit from I 272.145l(c)(l) I 272.1-151(c)(2) I 27Z.I451(c)(3) codification 

I X II i_ 

I j . I I I X 

-t--r 

I -!-· -----j I 

X 

X 

nv_cdfOO_stat_crosswall-.:_20 I 0-04-0l.doc- 3936.0058.NV05 

I Revised: 4/1JJ O]l Pnnt.:d: 4!2./l OJ 
FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

,------,------,------,------------------,-----------·-· ---------,--------

1 If 121 jJ] 14] ]51 Not inc

!61 171 

St:1tc Date of Authorized: Approved: 

Citation as Most Approved Rnd Procedural & 

found in Recent lncorporated by Enforcemcnt 

State Citation previous Approved Section Hending/ Reference: 

(NRS 2006) statutes : Version Ocscription/RCRA analog Basis fo1· Classification 272.I451(c)(l) ) 272.145l(c)(2) 

459.545 444.758 in 2005 Substitution of equivalent standards Added to NRS in 1981. 

The 2005 amendment added 459.545(3) prohibiting the I

! Base of protection. PR I AG Statement, p. 23 (1981). 

permitting of a landfill that does not fi•lfi!l the liner and X 

1 leachate collection and removal system requirements at ' 

'1 459.520(7). This is <!(;(;t:ptab!e as a conforming change to 

, j the addition of this requirement at 459.520. Nor changed , 

I I ' ' since 2005. I 

459.546 Same 2005 Variances: Conditions and criteria Added to NRS in 1989. 

for granting; revocation. PR I AG Statement, p. 23 (!989_). 

2005 amendment added 459.546(4) prohibiting the 

permitting of a landfill that does not fulfi!l the liner and X 

leachate collection and removal system requirements at 

459.520(7). This is acceptable as a confonning change to 

l the addition of this requirement at 459.520. Not changed I 

since 2005. ·- 

NRS in 1989. X 

hearing on application for renewal. PR I AG Statement. p. 23 (198<:1). Not changed since 1989. _ 

459.548 Same !989 Regulationsgoveming: AddedtoNRSin 1989. . X 

applications: fees. PR I AG Statement. p. 23 ( 1989). Not changed smce ! 989. 1 

I. 459.549 , Same 1989 Variances:Grantingandrenew<JI Added!oNRS.in 1989. PRJAGStatement,p.23(1989). I X I 

I discretionary. Not changed smcc 1989. •..... . __ L 

14 

nv_cdfOO_stat_crosswalk_20
FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

141 151 Not ineorpomted by Reference 

I 

161 PI I 181 191 

of Authorized: Approved: Extra or 

 Approved and Procedur11l & Broader in Unnutborized 

t Incorporated by Enforcement 1 Scope Provisions: 

ed Section Hc:lding/ I 

.. "''"'"'""l" """ Omit from 

n Description/RCRA Basis for Cl>\ssifk:ttion 272.145l(c)(l) I 272.1451{c)(2) 272.145l(c}(3) 

I Records and -reports. ·--- Added to NRS in 1981. ' c:=-- 

PR I AG Statement, p. !0 

I 1 PR II AG Statement, p. 6 X 

PR lll AG Statement, p. 3. 

I I PRVII AG statements signed 5125104, 8/30/04 and 51! 1/06. I 

Not changed since 1981. 

·---

Disclosure of public and confidential Added to NRS in 1981. 

information. PR lAG Statement, p. 36 {I 99 I). Not changed since 1991. X 

Applicability ofNRS 459.560 and Added to NRS in 1991. 

459.565; hazardous substances. Cited on p. 30 of PR I AG Statement to demonstrate that the 

provision only limits applicability of provisions authorizing I X inspections and corrective action orders and responses as I 

they apply to hazardous substances. Not considered part of I I 

hazardous waste program. I 

Applicability ofNRS 459.560 and Added to NRS in 1991. I 

459.565; hazardous waste. Cited on p. 30 of PR I AG Statemem to demonstrate that the X I limitation in paragraph 459.558{ I) does not concern hazardous waste. Nor changed since 1991. 

I Inspections. Added to NRS in 1981. 

PR l AG Statement, p. 30 (1991). Not changed since 1991. I X 

-

Action to prevent practice or act Added to NRS in 1981. 

which constirutes hazard to human I PR I AG Statement, p. 31 ( 1991 ). Not changed since 199!. X health, public safety or environment. I 

Order to prevent act or practice Added to NRS in 1981. 

which violates NRS 459.400 to PR I AG Statement, p. 18. Not changed since 1981. X 

459.560. inclusive. 

---- ···- -- -

-

--·· L_ - - ··--·--·-·-

nv cdfOO stat crosswalk 2010-04-0 l.doc- 3936.0058.NV05 

- - - - (Rcviscd:411/10l[Printed:4/2/IO} 

15 
FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

Ill J2J J3J J4J i 

I SMe Date of Citation as Most 

! found in Recent 

State Citation previous Approved Section Heading/ I 

(NRS2006) statutes Version DescriptioniRCRA analog 

459.575 444.770 in NA Subpoenas. 

Base 

i 459.580 444.772 in I 1981 Injunctive relief. i Base I 459.585 444.774 in I 1991 Civil penalties; damages. 

Base ; 

j 459.590 ' 444.776 in 1985 Unlawfultranspoltation of Base hazardous waste. 

459.595 

' 

444.778 in 1991 False statement, representation or 

I Base certification; tampering with device. 

459.600 444.780 in 1991 Operation without permit or in 

Base violation of condition of permit or 

order: disposal or discharge of 

hazardous waste in unauthorized 

I 1 manner. 

Handling of Hazardous Materials, NRS 459.700 to 459.78<!._11993). 

4;9.700- / Same --:Jrransporta""'' ofHazacdo"s 

459.780 I Materials by Motor V..;hicle Act. 

J5J 

Basis for Classification 

Added to NRS in 198 I. Not specifically cited in 

authorization materials: in Base statutes but was modified 

effective 1993. Although this provision applies to the 

enforcement of the hazardous waste program, it is not 

considered part of the approved program because there is 

no analogous provision in RCRA. I 

Added to NRS in I 98 I. 

PR I AG Statement, p. 32. Not changed since 198 I. 

Added to NRS in 198 I. 

I PR I AG Statement, p. 32 ( 1991 ). Not changed since \99 J. 

Added to NRS in J985. 

PR I AG Stmement, p. 33. Nor changed since 1985. 

Added to NRS in 198 I. ' 

PR I AG Statement, p. 33 ( JIJ91 ). Not changed since 1991. 

Added to NRS in 1981. 

PR I AG Statement, p. 19 (I 991). Not changed since 1991. 

Cited on p. 12 of the PR I AG Statement to demonstrate that 

these statutes do not conflict with the hazardous waste 

statutes. Not considered part of hazardous waste PfD"n\111. 

16 

Not in

J6J [7[ 

Authorized: Approved: 

Appro,•ed und Procedural & 

Incorporated Uy Enforcement 

Reference: Requirements: 

272.145l{c)(l) 272.1451 (c)(2) 

; 

I X 

X 

X 

I X I 

I 

X ___j_ 

nv __ cdfOO _stat_crosswalk_20 
FINAL CROSSWALK OF NEV AIJA STATUTORY PROVISIONS 

1 1<1 151 Not incorporated by Reference 

··-

161 171 181 I 191 

e of Authori:r.cd: Approved: Extr:l or 

st AjlpfO\ICd and Procedural & Broader in Unauthorized 

ent 

I 

Incorporated by Enforcement Scope PrCt\lisiom: 

Yed Section Heading/ Rcfercure: Requirements: i Provisions: Omit from 

ion Description/RCR \analog Basis for CJa~sification 272.1451(c)(l) I 272.1451(c)(:?.) ! 272.1451 (c)(3) cndificalion -

856 (1993). 

A I Storage tank statutes. I Cited on p. 3 of PR I AG st:ltemenr to demonstrate that T I I 

I I references to these provisions within the hazardous waste statutes do not adversely affect Nevada's ability to receive X 

RCRA program approv,JL Not constdered pan of 

__ j hazan.lou!> waste ro •ram. I I 

 _l.!!P._QSes of this crosswalk, on[ rovision ~ecifica!!y cited in aurhori7.ation materials \\-as evaluated. 

Intervention as of right in civil PR I AG Statement, p. 35, not changed since 1971. X 

action for interested Jersons. ------

nv cdfUO stnt crosswalk 20 10·04-0 !.doc- 3936.005S.NV05 

- - - - [Re\·is~d: 4!1/lO][Printed: 4/2il0] 

17 

FR 57 01/02/08 

FR 18970 04/08/08 

FR 31756 06/04/08 

FR 39331 07/18/07 

ATTACHMENT B 

RCRA XVIII CHECKLISTS 

Exclusion 

Processed 

Synthetic 

of 

in 

Gas 

Oil-Bearing Secondary Materials 

a Gasification System to Produce 

NESHAP: Final Standards for Hazardous Waste 

Combustors (Phase I final Replacement Standards and 

Phase II) Amendments 

F019 Exemption for Wastewater Treatment Sludges 

from Auto Manufacturing Zinc Phosphating Processes 

NOT ADOPTED 

Criteria for the Safe and Environmentally 

Protective Use of Granular Mine Tailings Known as 

"Chat" 

ATTACHMENT C 

NEVADA PROGRAM REVISION PACKAGE 12 

REGULATORY DOCUMENTATION FOR FEDERAL PROVISIONS FOR WIDCH NEVADA IS 

SEEKING AUTHORIZATON 

Federal Final Rules Published between July 1, 2007 and July 1, 2008 

RCRA Cluster XVID 

A. STATE ANALOGS TO FEDERAL CITATIONS 

Per NAC 444.8632, Nevada has incorporated by reference the Code of Federal Regulations (CFR) as those 

provisions existed on July I, 2008. A list of the federal final rules addressed by this Program Revision is found in 

Attachment B. 

FEDERALRCRA STATE CITATION STATE ANALOG is: COMMENT 

CITATION MORE BROADER IN 

EQUIVALENT STRINGENT SCOPE 

260.10 related NAC 444.8427 X Revision of CFR reference to conform to IBR 

date. 

260.10 related NAC 444.84275 X Revision of CFR reference to conform to 

IBRdate. 

260.10 related NAC444.850 X Revision of CFR reference to conform to IBR 

date. 

40 CFR 2, 124, NAC 444.8632 X Basic IBR of federal regulations. Revision of 

260-270,273,279 CFR reference to conform to IBR date. 

40 CFR 2, 124, NAC 444.86325 X 

Revisions of exceptions to the adoption by 

260-270, 273, 279 reference of federal regulations. 

266.111 related NAC 444.8688 X Revision of CFR reference to conform to IBR 

date. 

None NAC 444.8871 Revision of CFR reference to conform to IBR 

date. Excluded from codification. 

None NAC 444.8881 Revision of CFR reference to conform to IBR 

date. Excluded from codification. 

None NAC 444.8926 Revision of CFR reference to conform to IBR 

date. Excluded from codification. 

None NAC 444.8931 Revision of CFR reference to conform to IBR 

date. Excluded from codification. 

None NAC 444.8941 Revision of CFR reference to conform to lBR 

date. Excluded from codification. 

None NAC 444.9006 Revision of CFR reference to conform to IBR 

date. Excluded from codification. 

None NAC 444.9011 Revision of CFR reference to conform to IBR 

date. Excluded from codification. 

Part 761 related NAC 444.9452 X Revision of CFR reference to conform to IBR 

date. Excluded from codification. 

Remark of the Attorney General/Independent Counsel 

NRS 459.485 and 459.490 together provide the State's Environmental Commission with the authority to adopt federal hazardous waste regulations 

by reference and as State regulations. The revisions to NAC 444.8427, .84275, .850, .8688, .8871, .8881, .8926, .8931, .8941, .9006, .9011 and 

.9452 identitY CFR references to conform to the July 1, 2008 adoption by reference date. The update to NAC 444.86325 includes the exceptions to 

and revision of federal regulations adopted by reference. All revisions were made in LCB File No. Rl53-08, effective April 23, 2009 (Attachment 

D). 

I Attachment D 

ADOPTED REGULATION OF THE 

STATE ENVIRONMENTAL COMMISSION 

LCB File No. R153-08 

Effective April 23, 2009 

EXPLANATION- Matter in it1rlic.\' is new; matter in brackets (omiHetlmaleFial] is material to be omitted. 

AUTHORITY: §§1-9 and 11-14, NRS 459.485; §10, NRS 459.485 and 459.550. 

A REGULATION relating to hazardous waste; amending provisions governing the generation, 

transportation, treatment, storage, disposal and management of hazardous waste to 

provide that the references to sections of the Code of Federal Regulations contained in 

those provisions are references to the sections of the Code of Federal Regulations as 

they exist on July 1, 2008; adopting other provisions by reference; and providing other 

matters properly relating thereto. 

Section 1. NAC 444.8427 is hereby amended to read as follows: 

444.8427 "Facility for community recycling" means a facility for recycling hazardous waste 

which has a yearly capacity that is not more than twice the amount of the type of hazardous 

waste proposed to be recycled that is generated within the region in this State in which the 

facility is or is proposed to be located, as determined by the generation rate contained in the 

biennial report required by the provisions of 40 C.F .R. § 262.41, as that section existed on July I, 

[2007.] 2008. 

Sec. 2. NAC 444.84275 is hereby amended to read as follows: 

444.84275 "Facility for community storage" means a facility for the storage and 

consolidation of hazardous waste which has a yearly capacity that is not more than twice the 

amount of hazardous waste that is generated within the county in which the facility is or is 

·-l·· 

Adopted Regulation Rl53-08 
proposed to be located, as determined by the generation rate contained in the biennial report 

required by the provisions of 40 C.F.R. § 262.41, as that section existed on July l, [2997.]2008. 

Sec. 3. NAC 444.850 is hereby amended to read as follows: 

444.850 As used in NAC 444.850 to 444.8746, inclusive, unless the context otherwise 

requires: 

I. The words and terms defined in NAC 444.8505 to 444.861, inclusive, have the meanings 

ascribed to them in those sections. 

2. Except for the words and terms otherwise defined in NAC 444.8505 to 444.861, 

inclusive, the words and terms defined in 40 C.F.R. § 260.10, as that section existed on July I, 

[2907 ,] 2008, have the meanings ascribed to them in that section. 

Sec. 4. NAC 444.8632 is hereby amended to read as follows: 

444.8632 I. In addition to the requirements ofNAC 444.850 to 444.8746, inclusive, a 

person who generates, transports, treats, stores, disposes or otherwise manages hazardous waste 

or used oil shall comply with all applicable requirements of, and may rely upon applicable 

exclusions or exemptions under, 40 C.F.R. Part 2, Subpart A, Part 124, Subparts A and B, Parts 

260 to 270, inclusive, Part 273 and Part 279, as those provisions existed on July l, (2907,]2008, 

which, except as otherwise modified by NAC 444.86325, 444.8633 and 444.8634, are hereby 

adopted by reference. The Commission may use federal statutes and regulations that are cited in 

40 C.F.R. Part 2, Subpatt A, Part 124, Subparts A and B, Parts 260 to 270, inclusive, Part 273 

and Part 279 to interpret those sections and patts. 

2. The volumes containing those parts may be obtained by mail from the Superintendent of 

Documents, U.S. Government Printing Office, P.O. Box (371954, Pittsburgh, Permsylvania 

--2--

Adopted Regulation Rl53-08 
15250 795·1,]979050, St. Louis, Missouri 63197-9()()(), or by toll-free telephone at (866) 512-

1800, for the following prices: 

(a) Volume 40 CP.R. [Pa1t 2] Parts 1 to 49, inclusive ........................................................ $60 

(b) Volume 40 C.P.R. [Part 121] Parts 1 ()() to 135, inclusive ........................................ j4.)t 48 

(c) Volume 40 C.P.R. Parts 260 to 265, inclusive ........................................................... -f:WI- 53 

(d) Volume 40 C.P.R. Parts 266 to 299, inclusive .................................................................. 50 

Sec. 5. NAC 444.86325 is hereby amended to read as follows: 

444.86325 l. The following sections and parts of Title 40 of the Code ofPederal 

Regulations, and any reference to those sections and parts, are not adopted by reference: 

(a) Section 2.l01(a)(l)-(l0); 

(b) Sections 124.1(b)-(e), 124.4, 124.5(e), 124.9, 124.10(a)(l)(iv), 124.15(b)(2), 124.16, 

124.17(b), 124.18, 124.19and 124.21; 

(c) Sections 260.1(b)(4)-(6) and 260.20,260.21 and 260.22; 

(d) Section 261.5(j); 

(e) Part 262, Subpart H; 

(t) Sections 264.1(d), 264.1(t), 264.149,264.150, 264.301(1), 264.1050(h), 265.1(c)(4), 

265.149,265.150,265.430 and 265.1050(g); 

(g) Section 266.111; 

(h) Sections 268.5 and 268.6, Part 268, Subpart B, and sections 268.42(b) and 268.44; 

(i) Sections 270.1 ( c)(l )(i), 270.60(b) and 270.64; -J-arult 

(j) Part 2 78; and 

--3--

Adopted Regulation Rl53-08 
(k) Sections 279.1 O(b )(2), 279.1 O(b )(3), 279.1 O(c), 279.1 0( d)(!), 279.42(b )(2), 279.51 (b )(2), 

279.62(b)(2) and 279.73(b)(2). 

2. The following patts and sections of Title 40 of the Code of Federal Regulations are 

adopted by reference, as revised in this subsection: 

(a) Part 124 is adopted with the following exceptions: 

(I) Delete all references to appeals to the Administrator in section 124.5(b); 

(2) Delete all references to "EPA-issued permits" and insert in its place "permits issued by 

the Department," except in sections 124.5(d), 124.1 O(b) and 124.1 0( d)(! )(vi); 

(3) Delete all references to "when EPA is the permitting issuing authority" and insert in its 

place "when the Department is authorized to issue a permit," except in sections 124.5(d), 

124.10(b) and 124.10(d)(l)(vi); 

( 4) Subpart A is adopted solely for the purpose of establishing procedures for permits for 

the management of hazardous waste, except that all references to "UIC," "PSD" and "NPDES" 

are deleted; 

(5) Delete all references to "RCRA part B," "part B RCRA" and "patt B" and insert in 

their place "NRS 459.400 to 459.600, inclusive," in sections 124.31 and 124.32; and 

(6) Delete from sections 124.3l(a), 124.32(a) and 124.33(a) the following sentence: "For 

the purposes of this section only, 'hazardous waste management units over which EPA has 

permit issuance authority' refers to hazardous waste management units for which the State where 

the units are located has not been authorized to issue RCRA permits pursuant to 40 C.F .R. part 

271." 

(b) Section 260.2(a) is adopted except that the Freedom oflnformation Act, 5 U.S.C. § 552, 

section 3007(b) ofRCRA and EPA regulations implementing the Freedom oflnformation Act 

--4--

Adopted Regulation Rl53-08 
and section 3007(b) must be replaced with "NRS 459.555 and any regulations adopted pursuant 

thereto." 

(c) Section 260.ll(a) is adopted except that "and 278" is deleted. 

(d) Section 260.1J(c)(3)(vii) is adopted except that "and§ 278.3(b)(l)" is deleted. 

(e) Section 260.33(b) is adopted except that "in the locality where the recycler is located" is 

deleted. 

fftl1t (f) Section 260.4l(a) is adopted except that "or unless review by the Administrator is 

requested. The order may be appealed to the Administrator by any person who participated in the 

public hearing. The Administrator may choose to grant or to deny the appeal" is deleted. 

tfe1t (g) Section 261.4(e)(3)(iii) is adopted except that "in the Region where the sample is 

collected" is deleted. 

tffJt (lz) Section 262.1l(c)(1) is adopted except that", or according to an equivalent method 

approved by the Administrator under 40 C.F .R. Part 260.21" is deleted. 

ffg1f (i) Sections 262.42(a)(2) and 262.42(b) are adopted except that "for the Region in which 

the generator is located" is deleted. 

fth1t (j) Sections 264.18( c) and 265.18 are adopted except that "except for the Department of 

Energy Waste Isolation Pilot Project in New Mexico" is deleted. 

tfi1l- (k) Sections 264.143(h), 264.145(h), 265.143(g) and 265.145(g) are adopted except that 

"If the facilities covered by the mechanism are in more than one Region, identical evidence of 

financial assurance must be submitted to and maintained with the Regional Administrators of all 

such Regions" is deleted. 

fM (/) Sections 264.147(a)(l)(i), 264.147(b)(l)(i) and 265.147(a)(1)(i) are adopted except 

that "or Regional Administrators if the facilities are located in more than one Region" is deleted . 

.. s .. Adopted Regulation Rl53-08 
fEl'* (m) Section 264.151 is adopted with the following exceptions: 

(I) Delete all references to "(of/for) the Regions in which the facilities are located"; and 

(2) Delete "an agency of the United States Government" from the second paragraph of the 

trust agreement. 

fE11t (11) Part 270 is adopted except that all references to "interim authorization" are deleted. 

ffm1t (o) Section 279.40(c) is adopted except that "unless, under the provisions of§ 

279.10(b), the hazardous waste/used oil mixture is determined not to be hazardous waste" is 

deleted. 

Sec. 6. NAC 444.8688 is hereby amended to read as follows: 

444.8688 I. A person shall not transfer hazardous waste from a transport vehicle directly 

to a boiler or industrial furnace without the use of a storage unit. 

2. An owner or operator of a boiler or industrial furnace may transfer hazardous waste from 

a transport vehicle to the boiler or furnace using a storage unit if he first obtains a permit for the 

storage of hazardous waste in the manner prescribed by 40 C.F.R. Part 270, as that Part existed 

on July l, J2007.J2008. 

Sec. 7. NAC 444.8871 is hereby amended to read as follows: 

444.8871 I. The provisions ofNAC 444.8801 to 444.9071, inclusive, apply to used 

antifreeze that is recycled and is determined to be a hazardous waste because: 

(a) It exhibits a characteristic of hazardous waste which is identified in 40 C.F.R. Patt 261, 

Subpart C, as that Part existed on July I, [2007;]2008; or 

(b) It was designated as a hazardous waste in the state of its origin. 

2. The provisions ofNAC 444.8801 to 444.9071, inclusive, do not apply to used antifreeze 

which will be disposed of and not recycled, or to mixtures of used antifreeze and hazardous 

--6--

Adopted Regulation Rl53-08 
waste. The used antifreeze described in this subsection is governed by the provisions ofNAC 

444.850 to 444.8746, inclusive. 

Sec. 8. NAC 444.8881 is hereby amended to read as follows: 

444.8881 1. Each storage tank that is underground which stores used antifreeze must 

comply with the requirements of 40 C.F.R. Part 265, Subpart J, as that Subpart existed on July 1, 

[2007.] 2008. 

2. Each pipe that transfers used antifreeze to storage tanks that are underground must be 

clearly marked with the words "Used Antifreeze." 

Sec. 9. NAC 444.8926 is hereby amended to read as follows: 

444.8926 I. A generator of used antifreeze may recycle his used antifreeze for his own use 

if the recycling: 

(a) Is performed by the generator at a site which is located where the used antifreeze was 

generated; or 

(b) Is performed pursuant to a written contract by a mobile unit for the recycling of used 

antifreeze which is located where the used antifreeze was generated. 

2. Used antifreeze which is recycled pursuant to this section will not be calculated in the 

determination of the status of the generator of used antifreeze as a generator of hazardous waste 

pursuant to 40 C.F.R. Part 262, as that Part existed on July 1, [2007.]2008. 

3. A person who performs recycling pursuant to this section shall manage any waste which 

is generated during the recycling process pursuant to the provisions ofNAC 444.850 to 

444.8746, inclusive. 

4. A generator who recycles his used antifreeze pursuant to paragraph (a) of subsection 1 is 

not required to obtain a written determination pursuant to NAC 444.8455 and 444.84555. 

--7--

Adopted Regulation Rl53-08 
Sec. 10. NAC 444.8931 is hereby amended to read as follows: 

444.8931 1. Except as otherwise provided in this section, a generator of used antifreeze 

shall ensure that his used antifreeze is transported by persons who hold an identification number. 

2. A generator may transport, without an identification number, used antifreeze generated at 

a site which is owned by the generator or collected from a person who generated the used 

antifreeze from his household if: 

(a) The used antifreeze is transported in a motor vehicle which is owned by the generator or 

an employee of the generator; 

(b) Not more than 3 50 gallons of used antifreeze is transported at one time; and 

(c) The used antifreeze is transported to a point for aggregation or a center for the collection 

of used antifreeze which is registered pursuant to NAC 444.8921. 

3. Used antifreeze which is transported pursuant to this section will not be calculated in the 

determination of the status of the generator of used antifreeze as a generator of hazardous waste 

pursuant to 40 C.F.R. Part 262, as that Part existed on July 1, (20Q7,]2fJfJ8, if he maintains 

records which describe the disposition of the used antifreeze. The records must be maintained for 

at least 3 years and be made available, upon request, for inspection by a representative of the 

Division or the Commission. The records may be in the form of a log, copies of contractual 

agreements, invoices, bills of lading or other documents relating to shipping which show each 

shipment of used antifreeze that is transported for recycling. The records must include: 

(a) The name and address of the generator; 

(b) The identification number of the generator, if he has an identification number; 

--8--

Adopted Regulation Rl53-08 
(c) The name and address of the center for the collection of used antifreeze or the facility for 

the recycling of used antifreeze with whom the generator has contracted to recycle the used 

antifreeze; 

(d) The identification number of the center or facility, if it has an identification number; 

(e) The amount of used antifreeze that is transported for recycling; and 

(f) The signature and date of acceptance of the representative of the center or facility. 

Sec. 11. NAC 444.8941 is hereby amended to read as follows: 

444.8941 If a transporter of used antifreeze transports used antifreeze in a truck which was 

used to transport hazardous waste, he shall manage the used antifreeze as a hazardous waste 

pursuant to the provisions ofNAC 444.850 to 444.8746, inclusive, unless he removes the 

hazardous waste from the truck in accordance with 40 C.F.R. § 261.7, as that section existed on 

July 1, [2007,12008, before he transpOtts the used antifreeze. 

Sec. 12. NAC 444.9006 is hereby amended to read as follows: 

444.9006 1. Except as otherwise provided in subsection 2, if a storage tank that is above 

the ground is no longer used at a facility for the recycling of used antifreeze, the owner or 

operator of the facility shall ensure that the used antifreeze, including its residue, is 

decontaminated or removed from the storage tank, system for containment, soil and other 

structures or equipment which are contaminated with used antifreeze. The owner or operator 

shall manage the used antifreeze as a hazardous waste unless it does not exhibit a characteristic 

of hazardous waste identified in 40 C.F.R. Part 261, as that Part existed on July 1, [2007.]2008. 

2. If the owner or operator demonstrates to the satisfaction of the Division that the used 

antifreeze cannot be removed or decontaminated as required by subsection 1, he must follow the 

--9--

Adopted Regulation Rl53-08 
procedures for closure and postclosure set forth in 40 C.F .R. § 265.310, as that section existed on 

July 1, (2007.]2008. 

Sec. 13. NAC 444.9011 is hereby amended to read as follows: 

444.9011 If a facility for the recycling of used antifreeze is closed, the owner or operator of 

the facility shall ensure that containers which are used to store used antifreeze, including its 

residue, are removed from the facility and that systems for containment, soil and other structures 

or equipment which are contaminated with used antifreeze are decontaminated or removed. 

Material that is removed must be managed as a hazardous waste unless it does not exhibit a 

characteristic of hazardous waste which is identified in 40 C.F.R. Part 261, as that Part existed on 

July 1, [2007.] 2f)(J,Y. 

Sec. 14. NAC 444.9452 is hereby amended to read as follows: 

444.9452 1. All sections, subparts and parts of Title 40 of the Code of Federal Regulations 

referred to in NAC 444.940 to 444.9555, inclusive, as modified by NAC 444.9453, are hereby 

adopted by reference as those sections, subparts and parts existed on July 1, [2007.] 2008. 

2. The volumes containing those sections, subparts and parts may be obtained by mail from 

the Superintendent of Documents, U.S. Government Printing Office, P.O. Box [37!9§·1, 

Pittsbmgh, Pennsylvada 15250 7954,]979050, St. Louis, iiiissouri 63197-9000, or by toll-free 

telephone at (866) 512-1800, for the following prices: 

(a) The volume containing 40 C.F.R. Parts 260 to 265, inclusive ............................... tuof $53 

(b) The volume containing 40 C.F.R. Patts 266 to 299, inclusive .......................................... 50 

(c) The volume containing 40 C.F .R. [Pc:rt 76!] Parts 700 to 789, inclusiPe ................. f6-l-t 64 

--l 0--

Adopted Regulation Rl53-08