NEVADA DIVISION OF 

ENVIRONMENTAL 

PROTECTION 

November 16, 2015 

Cheryl Nelson, UND- 1-1 

USEP A Region IX 

75 Hawthorne Street 

San Francisco, CA 94150 

Dear Ms. Nelson: 

R~<~ 

~~nv 2 5 2015 

STATE OF NEVADA 

Department of Conservation & Natural Resources 

Brian Sandoval, Governor 

Leo M. Drozdoff, P.E., Director 

David Emme, Administrator 

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

program that occurred between July I, 2005 and July I, 2007 (RCRA Clusters XVI and XVI I). 

evada is cu!Tently implementing these provisions under state authority but is now requesting 

approval to administer them in lieu of EPA. Please contact Jim Trent (775) 687-94 78 or Valerie 

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

Sincerely, 

R. Eric Noack, Chief 

Bureau of Waste Management 

evada Division of Environmental Protection 

REN:JPT:dm 

enc: Final Authorization Application 

cc: Jim Trent, NDEP 

ec: 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 

prmted on recycled poper 
.... 

ADAM PAUL LAXAL T 

Attorney General 

STATE OF NEVADA 

OFFICE OF THE ATTORNEY GENERAL 

1 00 North Carson Street 

Carson City, Nevada 89701-4717 

November 12,2015 

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 and May 15, 2006, 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 XVI and XVII Checklists (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 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@ag.nv.gov 

Twitter: @NevadaAG • Facebook: /NVAttorneyGeneral • YouTube: /NevadaAG 
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, 2007, 

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

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

R 137-07 (Attachment D), effective January 30, 2008, File R015-08 (Attachment E), 

effective April17, 2008, and File R061-04 (Attachment F), effective October 7, 2004. 

ADAM PAUL LAXAL T 

mine K Mehta 

enior Deputy Attorney General 

Nevada Attorney General's Office 

jmehta@ag.nv.gov 

775-684-1216 
209 70 FR 45508 08/05/05 

210 70 FR 53420 09/08/05 

211 70 FR 57769 10/04/05 

212 70 FR 59402 10/12/05 

213 71 FR 16862 04/04/06 

214 71 FR 40254 07/14/06 

215 71 FR 42928 07/28/06 

ATTACHMENT B 

RCRA XVI CHECKLISTS 

Universal Waste Rule: Specific Provisions for Mercury Containing Equipment 

Standardized Pennit for RCRA Hazardous Waste Management Facilities 

Revision of Wastewater Treatment Exemptions for Hazardous Waste Mixtures 

(""Headworks exemptions") 

NESHAP: Final Standards for Hazardous Waste Combustors 

Burden Reduction Initiative 

RCRA XVII CHECKLISTS 

Corrections to Errors in the Code of Federal Regulations 

Cathode Ray Tubes Rule 
!ATTACHMENT E I 

ADOPTED REGULATION OF THE 

STATE ENVIRONMENTAL COMMISSION 

LCB File No. R015-08 

Effective April 17, 2008 

EXPLANATION- Matter in italic·.'i is new; matter in brackets ton~itted nut~l is material to be omitted. 

AUTHORITY: §§1-7, 9-11 and 13-16, NRS 459.485; §8, NRS 459.485 and 459.500; §12, NRS 

459.485 and 459.550; § 17, NRS 2338.050, 444.560 and 459.485. 

A REGULATION relating to hazardous waste; revising the date on which certain regulations are 

adopted by reference; revising the addresses of the office of the State Environmental 

Commission and the Division of Environmental Protection of the State Department of 

Conservation and Natural Resources; 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 1, 

[2006.) 2()()7. 

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 

--1--

Adopted Regulation RO 15-08 
proposed to be located, as determined by the generation rate contained in the biennial report 

required by the provisions of 40 C.F.R. § 262.4I, as that section existed on July I, [2006.)2007. 

Sec. 3. NAC 444.84555 is hereby amended to read as follows: 

444.84555 I. An application for a written determination that a proposed facility or mobile 

unit will operate as a facility for the recycling of hazardous waste or mobile unit for the recycling 

of hazardous waste must be accompanied by: 

(a) The name and address of the owner and operator of the facility or mobile unit; 

(b) The name and address of the property owner of the location at which a facility is 

proposed to be constructed; 

(c) A detailed description of the type of recycling which is proposed, including: 

(I) The manufacturer of the equipment to be used at the facility or mobile unit; 

(2) The nature of the recycling; and 

(3) An explanation evidencing that the: 

(I) Facility is a facility for the recycling of hazardous waste; or 

(II) Mobile unit is a mobile unit for the recycling of hazardous waste; 

(d) A description of the source and estimated amount of hazardous waste to be recycled on an 

average day and on a peak day; 

(e) A physical and chemical description of the type of hazardous waste to be accepted by the 

facility or processed by the mobile unit; 

(f) A detailed economic analysis of the recycling process to be used at the facility or by the 

mobile unit, including: 

(I) The projected costs to operate the facility or mobile unit; 

--2--

Adopted Regulation RO 15-08 
(2) The fees that would be charged per unit of volume to process waste transported to the 

facility or processed by the mobile unit; 

(3) The projected value that would be recovered per unit of volume; and 

(4) The projected costs otherwise to manage, recycle, treat or dispose of the material as a 

hazardous waste; 

(g) A description of the markets and the uses for the products to be produced and the 

materials and energy to be recovered; 

(h) A comparison of the economic and environmental impact of the proposed recycling 

process to a process which uses material that is not considered waste when producing the same 

product; and 

(i) An operating plan if the facility is a stationary facility and will recycle hazardous waste 

other than used antifreeze governed by NAC 444.8801 to 444.9071, inclusive, or precious metals 

governed by 40 C.F .R. Part 266. Such an operating plan must, without limitation, include a 

description of the procedures that will ensure safe operation and demonstrate compliance with: 

( 1) The requirements for emergency preparedness and a contingency plan specified in 40 

C.F .R. Part 264, Subparts C and D; 

(2) The standards for containers and tanks specified in 40 C.F.R. Part 264, Subparts I, J, 

AA, BB and CC; and 

(3) The applicable requirements for closure and financial assurance for closure specified 

in 40 C.F .R. Part 264, Subparts G and H. 

2. The Administrator may require the applicant to submit additional information before 

issuing a written determination. 

--3--

Adopted Regulation RO 15-08 
3. The Administrator shall not issue a written determination unless he determines, based 

upon the application, that all the following requirements are satisfied: 

(a) The facility or mobile unit will be operated as a facility or mobile unit for the recycling of 

hazardous waste. 

(b) The recycling process has economic value. A recycling process has economic value if: 

( 1) The applicant shows that the material recovered from or the products or energy 

produced as a result of the process have value in the marketplace; and 

(2) The fees that the applicant charges per unit of volume to process the material are less 

than or equal to the cost otherwise to recycle, manage, treat or dispose of the material as a 

hazardous waste, except that the fees that the applicant charges per unit of volume may be offset 

by the recovered unit value of the material recovered from or the products or energy produced as 

a result of the process. 

(c) The probable beneficial environmental effect of the facility or mobile unit to the State 

outweighs the probable adverse environmental effect. 

4. Before issuing a written determination for a facility, the Administrator shall provide for a 

period of public notice and comment of not less than 45 days. The request for public comment 

must be noticed in a local newspaper of general circulation that is published daily or weekly and 

must be sent to all persons on a mailing list developed and maintained by the Administrator. A 

person may request to be placed on the mailing list by contacting the Administrator. The 

Administrator shall respond to all comments he receives during the period provided for 

comments before making his determination to issue or not to issue a written determination. 

5. The Administrator may revoke, suspend or modify a written determination if, at any time, 

he determines that: 

--4--

Adopted Regulation RO 15-08 
(a) A facility or mobile unit no longer satisfies the conditions stated in the application upon 

which the Administrator issued the written determination; 

(b) An applicant misrepresented or failed to disclose fully a relevant fact on his application; 

(c) The Administrator receives information that was not available at the time he issued the 

written determination which would have justified the imposition of different conditions at the 

time the determination was issued; or 

(d) The standards or regulations on which the Administrator based the written determination 

have been changed. 

6. A person may request a hearing before the [State eRVii'OIUAeAtalJ Commission 

concerning a final decision of the Administrator to issue, deny, revoke, suspend or modify a 

written determination by filing a request, not more than 10 days after receiving notice from the 

Administrator of his decision, on form 3 with the [State ERviFeRmeRtal) Commission, [333 \Vest 

~Jye bane, CaFsoA City~ ~Jevada 89706 0851.) Bryan State Oj]ice Building, 91)1 South Stewart 

Street, Carson City, Nevtttlll 89701-5249. The provisions ofNAC 4458.875 to 4458.899, 

inclusive, apply to a hearing of the (State eAviroAmeRtal) Commission requested pursuant to this 

section. 

Sec. 4. 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. 

--5--

Adopted Regulation RO 15-08 
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 1, 

(2006,] 2007, have the meanings ascribed to them in that section. 

Sec. 5. NAC 444.8632 is hereby amended to read as follows: 

444.8632 1. 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 1, [2006,J2007, 

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, Subpart A, Part 124, Subparts A and B, Parts 260 to 270, inclusive, Part 273 

and Part 279 to interpret those sections and parts. 

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

Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, for the following prices: 

(a) Volume 40 C.F.R. Part 2 ................................................................................................. $60 

(b) Volume 40 C.F.R. Part 124 ............................................................................................... 45 

(c) Volume 40 C.F.R. Parts 260 to 265, inclusive .................................................................. 50 

(d) Volume 40 C.F.R. Parts 266 to 299, inclusive .................................................................. SO 

Sec. 6. NAC 444.8633 is hereby amended to read as follows: 

444.8633 Except as otherwise provided in NAC 444.8634: 

1. Any references in any part of Title 40 of the Code of Federal Regulations to the U.S. 

Environmental Protection Agency, "United States Environmental Protection Agency," 

--6--

Adopted Regulation RO 15-08 
"Agency," "EPA Headquarters," "EPA Region(s)" or "EPA" which have been adopted by 

reference shall be deemed to mean the "Department" with the following exceptions: 

(a) Any reference to "EPA" identification numbers; 

(b) Any reference to "EPA" hazardous waste numbers; 

(c) Any reference to "EPA" test methods; 

(d) Any reference to "EPA" forms; 

(e) Any reference to "EPA" publications or manuals; 

(f) Any reference to "EPA" guidance; 

(g) Any reference to "EPA" Acknowledgment of Consent; 

(h) Any reference to "EPA" or "Agency" in: 

(1) Sections 124.1(f), 124.2(b), 124.6(e) and 124.10(c)(1)(ii); 

(2) The provisions of section 124.2(a) defining "Administrator," "Director," "EPA," 

"permit," "person" and "Regional Administrator"; 

(3) The provisions of section 260.10 defining "Administrator," "EPA Region," "federal 

agency," "person" and "Regional Administrator"; 

(4) Part 260, Appendix I; 

(5) Section 261.39(a)(5) and Part 261, Appendix IX; 

(6) Section 262.32(b), Part 262, Subparts E and F, and the Appendix to Part 262; 

(7) The Note following section 263.1 O(a); 

(8) Sections 264.11, 264.71,265.11 and 265.71; 

(9) Section 268.1(e)(3); 

(1 0) Sections 270.1 (a)(l ), 270.1 (b), 270.3, 270.5, 270.1 0( e )(I )-(2), 270.11 (a)(3), 

270.32(a), 270.32(c), 270.51, 270.72(a)(5) and 270.72(b)(5); and 

--7--

Adopted Regulation RO 15-08 
(11) The provisions of section 270.2 defining "Administrator," "approved program or 

approved State," "Director," "Environmental Protection Agency," "EPA," "final authorization," 

"permit," "person," "Regional Administrator" and "state/EPA agreement"; and 

(i) Any reference to "EPA," "Agency" or "EPA Director of the Office of Solid Waste" in 

section 262.21 and any subsequent reference to EPA's oversight of the manifest registry process 

in Part 262, Subparts C and E. 

2. Any references in any part of Title 40 of the Code of Federal Regulations to the 

"Regional Administrator" or "Administrator" which have been adopted by reference shall be 

deemed to mean the "Director" with the following exceptions: 

(a) The provisions of section 124.2(a) defining "Administrator," "Director," "interstate 

agency," "major facility" and "Regional Administrator"; 

(b) Sections 124.2(b), 124.5(d), 124.6(e) and l24.10(b); 

(c) The provisions of section 260.10 defining "Administrator," "Regional Administrator" and 

"hazardous waste constituent"; 

(d) Section 261.30(b) , Section 261.4 and Part 261, Appendix IX; 

(e) Section 262.12, Part 262, Subpart E and the Appendix to Part 262; 

(t) Sections 263.11 and 264.1 0)(1 ); 

(g) Sections 264.12(a) and 265.12(a); 

(h) The provisions of section 270.2 defining "Administrator," "Director," "major facility," 

"Regional Administrator" and "state/EPA agreement"; and 

(i) Sections 270.3, 270.5, 270.10(e)(l)-(2), 270.lO(e)(4), 270.10(t)-(g), 270.1l(a)(3), 

270.14(b)(20), 270.32(b)(2) and 270.51. 

--8--

Adopted Regulation RO 15-08 
3. Any references in any part of Title 40 of the Code of Federal Regulations to the Resource 

Conservation and Recovery Act, "RCRA," "Subtitle C of RCRA," "RCRA Subtitle C" or 

"Subtitle C" which have been adopted by reference shall be deemed to mean "NRS 459.400 to 

459.600, inclusive," when referring to an operating permit or to the federal hazardous waste 

program, with the following exceptions: 

(a) Any references to a specific provision of the Resource Conservation and Recovery Act, 

"RCRA," "Subtitle C of RCRA," "RCRA Subtitle C" or "Subtitle C"; 

(b) The provisions of section 124.2 defining "appropriate act and regulations" and "RCRA"; 

(c) The provisions of section 260.10 defining "Act or RCRA"; 

(d) Part 260, Appendix I; 

(e) Part 261, Appendix IX; 

(f) The Appendix to Part 262; 

(g) Section 270.1 (a)(2); and 

(h) The provisions of section 270.2 defining "RCRA" and the provision of section 270.51 

defining "RCRA permit." 

4. Following any references in any part of Title 40 of the Code of Federal Regulations to a 

specific provision of the Resource Conservation and Recovery Act, "RCRA," "Subtitle C of 

RCRA," "RCRA Subtitle C" or "Subtitle C," which have been adopted by reference, the phrase 

"or any comparable provisions ofNRS 459.400 to 459.600, inclusive, and any regulations 

adopted pursuant thereto" shall be deemed to be added with the following exceptions: 

(a) Section 270.1 (a)(2); 

(b) Section 270.72(a)(5); and 

(c) Section 270.72(b)(5). 

--9--

Adopted Regulation RO 15-08 
5. Any references in any part of Title 40 of the Code of Federal Regulations to the 

"Department of Transportation" or "DOT" which have been adopted by reference shall be 

deemed to mean "the Department of Transportation of the United States." 

6. Any references in any part of Title 40 of the Code of Federal Regulations to "state(s)," 

"authorized state," "approved state" or "approved program" which have been adopted by 

reference shall be deemed to mean "Nevada" with the following exceptions: 

(a) The provisions of section 124.2(a) defining "Director," "interstate agency," "person" and 

"state"; 

(b) The provisions of section 260.10 defining "person," "state" and "United States"; 

(c) Part 262; 

(d) Sections 264.143(e)(1), 264.145(e){l), 264.147(a)(l)(ii), 264.147(b)(1)(ii), 264.147(g)(2) 

and 264.147(i)(4); 

(e) Sections 265.143(d){l), 265.145(d)(1), 265.147(a)(1)(ii), 265.147(g)(2) and 

265.147(i)(4); and 

(t) The provisions of section 270.2 defining "approved program or approved State," 

"Director," "final authorization," "person" and "state." 

Sec. 7. NAC 444.8688 is hereby amended to read as follows: 

444.8688 1. 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 1, [2006.) 2007. 

--tO--

Adopted Regulation RO 15-08 
Sec. 8. NAC 444.8741 is hereby amended to read as follows: 

444.8741 Any delivery required by NAC 444.8706 to 444.8746, inclusive, to be made to: 

1. The Division must be made to the office of the Division at ( 123 '.Vest ~Jye baRe~ Ca:13itol 

Complex, CarsoA City, ])Jevada 8971 0.) Bry11n State Oj}ice Building, 91J1 Soutlt Stewart Street, 

Ctlrsoll City, Nevada 89701-5249. 

2. The person cited must be made to him at the address set forth in the citation or, if he has 

made a request for hearing, at the address set forth in the request. 

Sec. 9. NAC 444.8871 is hereby amended to read as follows: 

444.8871 1. 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. Part 261, 

Subpart C, as that part existed on July l, [2006;1 2007; 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 

waste. The used antifreeze described in this subsection is governed by the provisions ofNAC 

444.850 to 444.8746, inclusive. 

Sec. 10. NAC 444.8881 is hereby amended to read as follows: 

444.8881 l. 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, 

pooa.J 2007. 

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

clearly marked with the words "Used Antifreeze." 

--11--

Adopted Regulation RO 15-08 
Sec. 11. NAC 444.8926 is hereby amended to read as follows: 

444.8926 1. 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, [2006.]2fJfJ7. 

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. 

Sec. 12. 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; 

--12--

Adopted Regulation RO I 5-08 
(b) Not more than 350 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 I, [2QQ6,J 2007, 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; 

(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. 13. 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 

--13--

Adopted Regulation RO 15-08 
hazardous waste from the truck in accordance with 40 C.F.R. § 261.7, as that section existed on 

July 1, [2006~] 2007, before he transports the used antifreeze. 

Sec. 14. 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, [200e.) 20fJ7. 

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 

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

July 1, (2006.] 2007. 

Sec. 15. 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, [200e.J 2fJfJ7. 

Sec. 16. NAC 444.9452 is hereby amended to read as follows: 

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Adopted Regulation RO 15-08 
444.9452 1. All sections, subparts and parts of Title 40 of the Code ofF ederal 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 l, [200e.J 2007. 

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

Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, for the 

following prices: 

(a) The volume containing 40 C.F.R. Parts 260 to 265, inclusive ......................................... $50 

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

(c) The volume containing 40 C.F.R. Part 761 ........................................................................ 61 

Sec. 17. NAC 444.980 is hereby amended to read as follows: 

444.980 1. Except as otherwise provided in subsection 2, any person who requests a 

hearing before the State Environmental Commission concerning a final decision of the State 

Department of Conservation and Natural Resources pursuant to chapter 444 ofNRS may do so 

by filing a request, within 10 days of notice of the action of the Department on Form 3* with the 

State Environmental Commission, (333 'Nest ~Jye baRe. CaJ3itol CoFFlpleJ(, CarsoR City~ ~Jevaela 

8971 0.) Brya11 State Office Builtlillg, 901 South Stewart Street, Carson City. Nevada 897fJJ5249. 

2. A decision of the Department issued pursuant to NAC 444.8701 to 444.8746, inclusive, is 

a final decision for the purposes of judicial review. 

3. The provisions ofNAC 4458.875 to 4458.899, inclusive, apply to a hearing of the State 

Environmental Commission requested pursuant to subsection 1. 

*(See adopting agency for form.) 

--IS--

Adopted Regulation RO 15-08 
I 

I 

I 

I 

I I 

I 

I 

I 

Codification 

Initial codification 

Initial codification 

I 

I 

I 

I 

!Attachment A 

FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

Federal 

Authorization Basis for Codification Register Publication 

(AG Statement and <:=-Ju-=s-=te_rs_IR__ u_les__,_) -----t-.;;..R""'e_fe;..;..r_en.;;..c;.;;.e_,.___~D.;;.at.;;..e----..., 

RASE PROGRAM AUTHORIZATIO~ 

Base Prooram: lA, IB, IC,II.IIl, IVA, JVB, V 

Submission date: May I, 1985 

- I HSWA StarutoryCL: i 

AG Statement: Signed 7/15/85 

I MOA: No MOA found in the Administrative 

Records 

State legislation CL· 50 FR42181 10/18185 

PROGRAM REVISION I (PR I} 

Recent Requirements: CLs t-8 

Non-HSWACiusterl: CLsA1,9,10,11,12, 13.15 

Non-HSWA Cluster II: CLs 13.2, 24, 26 

Non-HSWA Cluster I!J· CLs MW,, 27, 28N, 29. 35-38 

Non-HSWA Cluster IV: CL.s 40,41-43,45,46 

Non-HSWA Clust~r V: CLs 49, 52N, 53, 54, 54.1, 55, 56-61 

Non-HSWA Cluster VI: CLs 24A, 64, 65, 67.70-73.76, 78N 

HSWA Cluster 1: CLs SRL SR2, BB, CP, Sf, 14, 16. 17A, 17CS, 18, 19, 20, 20.1, 21-23, 25, 28H, 30-

34,34.1 

HSWACiuster II: CLs 39, 44A-G. 47, 48, SO, 52H, 62, 63, 66, 57 fR 18083 4/29/92 66.1, 68, 69, 74, 75, 77. 78H. 79 

RCRA Cluster 1: CLs 80-91 

Note that Nevada was inappropriately authorized for Rule II J .I I with this package. See Program Revision 2 for the authorization 

ofCL 113. 

Submission date: March 20, 1992 

AG Statement Signed 3/20/92 

MOA: No MOA found in the Administrative Records 

I 

Authorization/Codification History 

Effective 

Date 

ll/1/85 

6129i92 

I 

! 

I 

Statutes Included in Authorization/Codification Materials 

NRS 444.700 i!l. seq A complete set of statutes was not found in the 

authorization materials and the FR authorization notice does not contain 

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

3/27/85. 

/\ complete set of statutes was not found in the authorization materials. 

The AG Statement cites the following statutes: 

Statutes directi!L related to the hazardous waste Qrogram 

. N RS 4 1.450 through 41.570 

. NRS 2338.040(3) 

. Specific provisions from NRS 445.151 through 445.224 

. NRS 459.400 through 459.600 

. Rule 24(a) 

Additional Statutes 

. NRS 444.400 through 444.650 (Solid Waste) 

• NRS 459.700 through 459.780 (Handling of Hazardous Materials) 

. NRS 459.800 through 459.856 (Storage Tanks) 

The AG Statement and FR authorization notice also cite the following 

specific provisions: NRS 459.465, eff. 1981; 459.4 70, eff. I 981; 

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

1989;459.515,eff.l981;459.520,eff.l985and 1987;459.525,eff. 

1987;459.550,eff.I981;4S9.555,etT.l983,1985,and I991;and 

459.600, ell'. 1983, 1985, and 1991. 

[Note that Nevada was inappropriately authorized for Rule I 13 .I with this 

package. See Pro~ram Revision II forthe authorization of CL I 13.] 

nv cdfOO stat crosswalk 20 I 0-04-0 l.doc- 3936.005S.NV05 

- - - - IR<!,·iscd: .1/JIIO)(Printcd: .J/2/10] 

.l 

I I 

' ! 
I 

Codification 

Initial codification 

Initial codification 

I Initial codification 

1-. Initial codification 

FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

Authorization/Codification History (cont'd) 

I Federal 

Authorization Basis for Codification Register 

(AG Statement and Clusters/Rules) Reference 

PROGRAM REVISION 2 {PR II} 

RCRA Cluster II: CLs 92,94-106 

RCRA Cluster Ill: CLs 107-124 59 FR 27472 

59 FR 32489 Submission date: May 9, 1994 

AG Statement: Signed 5/4/94 (correction) 

MOA: State signed 3120/92; RA signed 4/17/92 

PROGRAM REVJSION 3 (PR Ill} 

RCRA Cluster IV· CLs 125-134 

Submission date: March 13, 1995 60 FR 18358 

AG Statement: Signed 2/28/95 I MOA: No MOA found in the Administrative Records 

PROGRAM REVISION 4 (PR IV} 

RCRA Cluster IV: CLs 126.1 

RCRACiusterV: CLs 135-137.1, 139-142.144 

61 FR 32345 

Submission date: March 28, J 996 

AG Statement: Draft AG unsigned and undated 

MOA: No MOA found in the Administrative Records 

PROGRAM REVISJON S {PR ~ 

RCRA Cluster VI: CLs 145,148, 150, 151, 151.1-151.6 

RCRA Cluster VH: CLs 153-159 64 FR4596 Submission date: September 22, 1998 

AG Statement: Signed 9/12/98 

MOA: No MOA found in the Administrative Records I 

11 

Publication I 

Date 

5/27/94 

6123194 

4!11195 

-·· 

6:"24196 

I 

l/29/99 

Authorization/Codification History 

Effective 

Date 

7/26/94 

6/12/95 

8123196 

3/J0/99 

I 

I Statutes Included in Authorization/Codification Materials 

A complete set of statutes was not found in the authorization materials. 

The AG Statement and FR authorization notice cite the following 

provisions: NRS 459.485. eff. 1991; 459.490, eft~ 1987:459.500, eff. 

1989; 459.520, efT. 1987:459.525. eff. 1987; and 459.550, eff. 1989. 

[Note The 5121194 FR notice indicates 6127194 as eff. date. This is. 

1 however, the date for the end of the comment period. This error was 

corrected in the June 23 1994 FR notice (59 FR 32489).] 

A complete set of statutes was not found in the authorization materials. 

The AG Statement and FR authorization notice cite the following 

provisions: NRS 459.485, eff. 1991: 459.490, eff. 1987: 459.550, eff. 

1989. 

A complete set of statutes was not found in the authorization materials. 

The AG Statement and FR authorization notice cite the following 

provisions: NRS 459.485, eff. 1991; 459.490, eff. 1987. 

A complete set of statutes was not found in the authorization materials. 

The AG Statement and FR authorization notice cite the following 

provisions: NRS 459.485, eff. 1991 and 459.490. eff. 1987 listed in the 

authorization ER notice; NRS 459.485, etT. 1991 and 459.490, eft: 1993 

listed in the AG ~t.ucment. 

nv_cdfOO_stat_crosswalk_20 10-04-0l.doc- 3936.0058.NV05 

lR.:viscd: 4/1/IOI(Printcd: 412/101 
Codification I 

Initial codification 

I 

2002 Regulatory 

Crosswalk 

FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

Authorization/Codification History (cont'd) 

Authorization/Codification History 

Federal 

Authorization Basis for Codification Register Publication Eff~:ctive 

(AG Statement and Clusters/Rules) Reference Date Date Statutes Included in Authorization/Codification Materials 

PROGRAM REVISION 6 (PR VI} A complete set of statutes was not found in the authorization materials. 

RCRA Clusaer VIII: CLs 160-164, 166, 167A-C, 167E, ·168 The AG Statement cites the following provisions: NRS 459.485, eff. 

RCRA Cluster IX: CLs 169-181 1991 and 459.490. eff. 1993. 

Submission date: March 13, 2000 and November 6, 200 I 67 FR40229 06/12/02 08/12/02 

AG Statement RCRA VIII: Signed 2/27/00. I 

RCRA fX: Signed I 1/1101 

MOA: No MOA found in the Administrative Records I - - - -·· .. - Base Program through Program Revision 6 Checklists . Private Actions to Enforce Statutory or Regulatory Controls for 

(Adoption or 1999 CFR and tbe July 6, 1999 FR notice (64 FR I Environmental Protection, NRS 41.540 to 41.570.()99..3). 

36466)) I • NRS 233B.040(3) "Administrative regulations; adoption of 

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

Nevada is not uuthorized for Revision Checklists/Rules 178, • Water Pollution Control. NR§ ~-~_?A.300 to 4~~.:.730 (1993) • 

178.1 and 1670. The State has also adopted CL 152 which is I . Disposal of Hazardous Waste, NRS 459.400 to 459.600 (1_9,23). 

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

I civil action for interested persons• (1993). 

nv cdtOO stat crosswalk 20 I 0-04-0 l.do~ - 3936.0058.NV05 

- - - - [Re~iscd: 411/IOJ(Printed: .Ji2/IO] 

iii 
Codification 

Initial codification 

i 

I 

I 

Initial Codification 

See Notes on the next page. 

NOTES: 

FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

Authorization/Codification History (cont'd) 

I Federal I Authorization Basis for Codification Register Publication 

(AG Statement and Clusters/Rules) I Reference Date 

PROGRAM REVISION 7 {PR VII} 

RCRA Cluster X: Cls 182- 187 

RCRA Cluster XI: Cls 188- 193 

RCRA Cluster XII: Cls 194- 199 

B..CRA Cluster XII!: CLs 200- 202 

RCRA Cluster XIV: CLs 203-205 

RCRA Cluster XV: Cls 206 -· 208 

Submission dates: 

RCRA X: 5/27104 

RCRA XI & XII: 8/30104 74 FR 8757 02/26/09 

RCRA XIII: 1125105 

RCRA XIV&XV: 5/15/06 

AG Statements: 

RCRA X: Signed 5125/04 

RCRA XI & XII: Signed 8/30/04 (2 AGS) 

RCRA XIII: Signed 1/21/05 

RCRA XIV&XV: Signed 511 1/06 

I 

MOA: No MOA found in the Administrative Records I 

Base Program through RCRA Cluster XV 

(Adoption of 2005 CFR) 

Nevada is not authorized for Revision Checklists/Rules 178, Subject of This Crosswalk 178.1. The State has also adopted CL 152 which is nondelegable 

iv 

Authorization/Codification History 

Effective 

Date 

04/27/09 

Statutes Included in Authorization/Codification Materials 

A complete set of statutes was not found in the authorization materials. 

The AG Statement cites the following provisions: 

RCRA X: NRS 459.485, eff. 1991, 459.490, cff. 1993, 459.500 

(in revised regulations), and 459.550. eff. I 981. 

RCRA Xl: NRS 459.485, eff. 1991,459.490, eff. 1993,459.500 

(in revised regulations), and 459.550, eff. 1981. 

RCRA XII: NRS 459.485,459.490, and 459.500 (in revised 

regulations), as in effect on 8/30/04 (AG signature 

date) 

RCRA XIII: NRS 459.485,459.490 and 459.500 (in revised 

regulations), as in effect on 1121105 (AG signature 

date) 

RCRA X1V&XV: NRS 459.485,459.490 and 459.500 (Anaclunent C), 

• 

• 

. 

• 

. 

as in effect on 5/1 1/06 (AG signature date). NRS 

459.550 eff. 198 I cited in revised regulations 

(Anachment D). 

Private Actions to Enforce Statutory or Regulatory Controls for 

Environmental Protection, NRS 41.540 to 41.570 (2005). 

NRS 2338.040(3) Administrative regulations; adoption of 

material by reference (2005). 

Water Pollution Control, NRS 445A.300 to 445A.7JO (2005) . 

Disposal of Hazardous Waste, NRS 459.400 to 459.600 (2005). 

Rules of Civil Procedure, Rule 24(a) Intervention as of right in 

civil action for interested persons" (2005). 

nv _ cdtuO _stat_ crosswalk_ 20 I 0-04-0 I .doc - 3936.0058.NV05 

[Revise\!: 411/IO)[Printed: 4/2110) 

I 

I 

I 
FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

Authorization/Codification History (cont'd) 

I) Abbreviations: 

AG 

AI 

CFR 

EPA 

FR 

H-1 

HSWA 

NH-1 

NRS 

PR I 

R-1 

RCRA 

Attorney General 

Availability oflnfonnation 

Code of Federal Regulations 

Environmental Protection Agency 

Federal Register 

HSWA Cluster I 

Hazardous and Solid Waste Amendments of 1984 

Non-HSW A Cluster I 

Nevada Revised Statutes 

Program Revision I 

RCRA Cluster I 

Resource Conservation and Recovery Act 

2) The following approach is used to e"aluate State statutes: 

Statutory provisions that are cited on an AG Statement or an authorization Federal Register art1cle are assumed to be part of the approved program unless indicated otherwise in the authorization materials. 

• The Base Program hazardous waste statutes (NRS 444.700 et seq.) were not available for evaluation during the development of this crosswalk. A comparison of citations contained in the Base AG Statement with 

subsequent AG Statements 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 

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

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

(a) A provision ofthe current hazardous waste statures (NRS 459.400 to 459.600) was not cited in any authorization materials subsequent to the Base authorization; 

(b) The provision authorizes agency actions with regard to administration ofthe hazardous waste program; and 

(c) The amendatory history indicates that the provision existed at the time of Base authorization and has not been amended since that time. 

• Statutory provisions rhar are not part of the Disposal of Hazardous Waste Act (NRS 459.400 ro 459.600) and that are not cired on an AG Statement. or an authorization article are assumed not to be part of the 

aurhorized program and are not included on this crosswalk. 

• Only those approved substantive statutory provisions for which regulations have not been promulgared arc codified. The following approved statutory provisions are not codified, and will be referenced in the 

codification Federal Register notice and in 40 CFR Part 272: 

(a) Provisions that provide authority for rulemaking; 

(b) Provisions that are procedural/enforcemerlf in nature: and 

(c) Substantive statutO!)' provisions whtch directly impact the regulated community, but for which regulations have been passed. This is because it is asswned that the regulatory provisions are relied upon for 

enforcement purposes. 

nv cdfOO stat crosswalk 2010-04-0I.doc- 3936.0058.NV05 - - - - (Revised: -lll/IOJ(Printcd: -l/2 IOJ 

v 
FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

Authorization/Codification History (cont'd) 

3) The AG Statements and Federal Reoister authorization notices mosr often cite authority at the section level instead of at the subdivision or paragraph level. In those insrances, it 

that rhe 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 ofthe approved version indicated in this crosswalk reflects the year of adoption or last amendment as identified in the FR notices, the AG Statements. and the amendato

provision. 

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

and. Program Descriptions. However, this did not have an apparent impact on the development of this crosswalk because of the extensive documentation of statutory authority co

Statements. 

nv cdfOO stat c

- - - 

vi 
FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

Ill 121 131 I 141 151 Not incorporated by Reference 

State Date of I 

Citation as Most 

found in I' Recent I 

State Citation previous Approved Section Heading/ 

(NRS 2006) statute.s Version 1 Description/RCRA analog Basis for Classification 

Private Actions to Enforce Statutor}' or Re2ulatory Controls for Environmental Protection, NRS 41.540 to 41.570 (2005). 

(61 

Authorized: 

Approved lind 

Incorporated by 

Reference: 

272.14SI(c)(l) 

(7) 

Approved: 

Procedural & 

Enforcement 

Requirements: 

1 272.145l(c)(l) 

41.540- I !):Jme I 1971 Private act1ons to enforce statutory PR I AG Statement, p. 35. The provision has not changed 

1 

· 41.5 70 1

1 

or regulatory controls for since 1971. . X 

_ _L environmental Protection. 

(81 I 191 

Extra or 

Broader in I Unauthorized 

Scope Provisions: 

Provisions: 

I 

Omit from 

272.14Sl(c)(J) codification 

ministrative Procedure Act, NRS Chapter 2338 (2005). For purl!_os~s of this crosswalk, o~ly the provi~ion specifically cited in authorization materials was eva""'l""u.;;;.a.;;.;te""d;.;... ----,.-------:-------; 

8.040(3) Same 1985 Administrative regulations~ adoption Cited on p. 3 of PR I AG Statement to demonstrate that the I 

I 

of material by reference. Commission has authority to adopt the Federal hazardou.s X 

waste regulation~ by reference. Not changed since 1985. __ _ 

li--C-o-llec-ti_o_n--ao-d Disposal of Solid Waste, NRS 444.440 to 444.620 (1993). -------

::~~;~ . Same '.I NA I :~~~:ction and disposal of solid I ~:;: i~nn~·;..,:~:: ble~~e~,~~:~~:~:.~ ~~:do~~:!es!:~tes j and its hazardous waste statutes. Not considered part of 

~------~~----~----~--~----~--------------------------~~h~aza~r.;;;.do~u~s~w_as~te~p~lr~o~gJra~m~·--------------------------­ Unlawful Ois(losal ofGarba e or Sewa2e. NRS 444.630 to -'4-'.645 (1993). 

444-630 • Same NA ' Unlawful disposal of garbage or 

444.645 I sewage. 

Disposal of Sewaf!e, NRS 444.650 ( 1993). 

444.650 Same NA Dispoc;al of sewage. 

Cited on p. 2 of PR I AG Statement to demonstrate that 

there is no overlap between the State's solid waste statutes 

and its hazardous waste statutes. Not considered part of 

hazardous waste program. 

Cited on p. 2 of PR I AG Statement to demonstrate that 

there is no overlap between the State's solid waste statutes 

and its hazardous waste statutes. Not considered part of 

hazardous waste pro1rram. 

I 

_j_.____..-----; 

i 

j 

nv cdfl>O stat crosswalk 2010-04-0I.doc ·- 3936.0058.NV05 

- - - - [Re'"ised· 411/IO](Printed· 4/2110) 
FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

Ill ! 121 131 141 JSI Not incorporated by Reference ! 

I 

161 ,,, 181 [91 

State Date or Authorized: Approved: Extra or 

State Citation I 

Citation as Most. Approved and Procedural & Broader in Unauthorized 

round in Recent Incorporated by l::nforcement Scope Provisions: 

previous Approved Section Heading/ Reference: J Requirements: Provisions: Omit from 

(NRS2006) statutes Version Desc:ription/RCRA analog Basis for Classification 272.14SI(c)(l) 272.145l(c)(2) 272.1451(c)(3) codification 

Water Pollution Control, NRS 44SA.300 to 44SA.730 (1005). For purposes of this crosswalk, only those provisions specifically referenced in AG Statements or FR notices are evaluated; all other provisions are nor 

considered part of the hazardous waste progr m. 

445A.345 445.151 in I J973 "Discharge" defined. 

PR I 

I 

445A.395 445.176 in 1979 "'Point source" defined. 

PRI 

I 

I 

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

PR I 

I 

445A.415 445.191 in 1973 "Waters ofthe state" defined. 

PRJ 

PR I AG Statement, p. 29; NRS 445 .I 5 I 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. 

Nor 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 part of 

authority to close surface impoundments that do not meet 

slandards 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 starutes; for purposes of this 

crosswalk, it is assumed that the 1981 version was deemed 

acceptable at the time of authorization for PR I. Not 

changed since 1981. 

PR I AG Statement, p. 29; NRS 445.191 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 1973 except for renumbering. 

2 

I X 

I 

I I 

X I I 

X 

I 

X 

I 

nv _cdfOO_stat_crosswalk_20 10-04-0 l.doc- 3936.0058.NV05 

(Re~ised· 4/1/IOJ[Prinlcd: .J/2/IOJ 
FJNAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

Ill Ill 131 141 151 --- l State Date of 

I 

Cit.:~tion as Most 

found in Recent 

State Citation previous Approved I Section Heading/ 

(NRS 2006) stJttutes Version DescriptioniRCRA nnalog Basis for Classification 

I 445A.465 445.221 in I 1991 j 

Injection of nuids through well or PR I AG Statement; NRS 445.221 cited on p. 23 of PR I 

PR I I j dtscharge of pollutant without permit AG Statement as authority prohibiting all underground 

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

I I authority to close surface impoundments that do not meet 

standards established in hazardous waste regulations: 

I _] 

surface impoundments arc considered waters of the state. 

Not changed since 1991 except for renumbering. 

445A.490 445.224 in 

I 

1985 I Permits: Issuance prohibited in PR I AG Statement, p. 29; NRS 445.224 cited as part of 

PRJ I certain cases. authority to close surface impoundments that do not meet I standards established in hazardous waste regulations; ! 

I I I 

surface impoundments are considered waters of the stare. 

I I Not changed since 1985 except for renumbering. 

Regulation of Highll: Hazardous Substances, NRS 459.380 to 459.3874 ( 1993). 

459.380- Same I 

I NA j Hazardous or highly hazardous I Cited on p. 3 of PR I AG Statement to demonst~ate that 

459.3874 substances statutes. ha2ardous substance statutes do not adversely affect . . . Nevada's abthty to recetve program approval. Not 

i----------1..----~------·-·--- ________ ; conside_r,~d art of the ha7.ardous waste ro m. 

Dis osal of Hazardous Waste NRS 459.400 to 459.600 2005 • 

459.400 444.700in 1981 Purpose. 

Base 

Added to NRS in 1981. PR I AG Statement, p. 2. Applies 

to administration of hazardous waste program; not changed 

since 1981. 

Not incorporateiJ by Rtfere11ce -- 181 

I 

161 171 191 

Authorized: Approved: Extra or 

Approved and Procedural & Broader in Unauthorized 

Incorporated by Enforcement Scope I Provisions: 

Reference: Requirements: Provisions: Omit fron1 

272.145 l(c)(l) 272.1451 (c)(2) 272.1451(c)(3) 1 codifies lion 

I ! 

' 

! 

I I X I 

I I 

I I I 

X I 

__L_ I 

I I 

X 

X 

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

- - - - (R.:viscd: 411/IOJ(Prinled: 412110] 
[11 121 131 

State Date of 

Citation :~s Most 

found in Recent 

State Citation previous Approved 

(NRS 2006) statutes Version 

459.405 Same 1991 

I 

459.410 444.704 in 1981 

Base 

459.4 I 5 444.706 in 1981 

Base 

459.420 444.708 in 1981 

Base 

4:59.425 444.710 in 1 1981 

Base 

459.428 Same NA 

I 

FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

141 151 

Section Heading/ 

Dtscription/RCRA analog Basis for Classific:~rioo 

Definitions. Added to NRS in 1981. PR I AG Statement. p. 4 ( 1991 ). 

Not changed since 1991. Ahhough the amendatory history 

indicates a change in both I 999 and 2003 the changes 

adding a reference to •and section I of this act" in 1999 and 

"sections 8 and 9 of this act" in 2003 were never officially 

adopted. The text of the provision has not changed since 

i 1991. 

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

changed since 1981. 

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

changed since 198 I. 

"Director" defined. Added to NRS in 1981. PR I AG Statemenr. p. 4. Not 

changed since 1981. I 

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

changed since 1981. 

"Hazardous material• defined. Added to NRS in 1989. All definitions generally cited in 

PR I AG 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 

Transponation hazardous material$ program on p. 2 of the 

same AG Statement; not pan of hazardous waste program. 

4 

I 

I 

I 

Not intorporated by Rdrrence 

161 171 181 191 

Authorized: Approved: Enra or 

Approved and Procedural & Broader in Unauthorized 

Incorporated by Enforcement Scope Provisions: 

Reference: Requirements: Provisions: Omit from 

272.14SJ(c)(l) . 272.14SI(c)(2) Z72.14SI(c)(3) codification 

X 

X 

X 

X 

X 

X 

nv_cdfOO _:!otat_crosswalk_20 10-04-0J.doc- 3936.0058.NV05 

[Revised: 4/1/IOI[Printcd: 4/2/10] 
FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

Ill t Ill 131 141 lSI Not incorporated by Reference 

- I I 161 171 181 l 191 

State Date of ! Authorized: Approved: Extra or 

! Citation as Molit Approved aod Procedural & Broader in I Unauthorized 

found in Recent Incorporated by Enforcement Scope Provisions: 

Sute Citation j pre\'ious Appro\·ed Section Hudingl Reference: Requirements: Provisions: I Omit from 

(NRSl006) statutes Version DescriptioniRCRA analog Basis for Classification l72.145J(c:)( I) 172.14SI(c:)(2) 172.14SI(c:)(J) codification 

I ;Hazardous substance" defined. - -·r-· 459.429 Same NA Addc:d to NRS in 1991. Cited on p. 3 ofPR I AG 

I Statement to dc:monstrate that use of the tem1 hazardous I ! subsrance in the hazardous waste statutes does not adversely 

I 

I affect Nevada's ability to receive program approval. All I definitions generally cited in PR I AG Statement, p. 4; 

I however, this definirion is relevant for administration of I i X I 

I I hazardous subsrance program at NRS 459.380 to 459.3874, 

I 

j 

which requires registration of facilities where hazardous I 

I i substances are handled and requires that a risk assessment I I 

i be perfonned by each regisrered facility; not part of I i 

I hazardous waste program. I I 

459.430 444.712 in 1981 "Hazardous waste" defined. Added ro NRS in 1981. PR 1 AG Statement, p. 4. ( 1981) 

Base Jn 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 

starutory definirion of household waste excludes household 

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

definition of hazardous waste only excludes household solid 

I 

X 

waste making it broader than the Federal which excludes all 

household waste from the definition of hazardous waste at I 

261.4(b)( I). Nevada's regulatory definition of hazardous I 

i 

waste is being incorporated by reference. For the I 

codification, the statutory definition is excluded. 

Regulation of HHW in Nevada would be broader in scope I 

than the Federal program. Nor changed since 1999. I 

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FINAL CROSS\\' ALK OF NEVADA STATUTORY PROVISIONS 

Ill Ill 131 141 lSI Not incorporated by Reference 

161 171 181 J9J 

Sate Date of Authorized: Approved: Extra or 

Citation as Most Appro\·ed and Procedural & Broader in Unauthorized 

found in Recent IncorporAted by Enforcement Scope Provisions: 

State Citation previous Approved I Section Heading/ Reference: Requirements: Provisions: I Omit from 

(NRS 1006) statutes Version Description/RCRA analog Basis for Classification 172.145 l(c)ll) 272.14SI(c)(2) 272.1451(c)(3) codification 

459.432 Same NA ·•Household waste'" defined Added to NRS in 1999. Nevada has added a definition of 

household waste that excludes household hazardous wastes 

(HHW), making the state definition narrower than the 

federal definition of the term at 40 CFR 261.4(b)( I). This 

also appears to leave HHW open to regulation as hazardous 

waste which would make the State's program broader in X 

scope than Federal; see the discussion for the definition of l 

I Hazardous Waste at NRS 459.430. Nevada's provision 

I 

I 

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

reference. This statutory definition is excluded from the 

I codification. 

459.435 444.714 in 

1 

1981 "Management of hazardous waste" I Added to NRS in 1981. PR f AG Statement, p. 4. Not I X Base defined. changed since 1981. I 

459.440 444.716 in 

I 

1981 1 "Manifest" defined. Added to NRS in 1981. PR I AG Statement, p. 4. Not I X Base I changed since 1981. 

1 459.445 444.718 in - 1985 "P~rson" defined. Added to NRS in 1981. PR I AG Statement. p. 4 ( 1985). I l I I Base Not changed since 1985. X l j 

459.448 Same NA ·R~gulated substance• defined. Added to NRS in 1989. All definitions generally cited in 

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

relevant for regulation of underground storage tanks that do X 

not contain hazardous waste and is not part of the hazardous 

waste program. 

459.450 I 444.720 in 1 1981 "Storage" defined. i Added toNRS in 1981. PR I AG Statement p. 4. Not X Base changed since 198 I . I 

I 

459.455 444.722 in 1981 "Trcatmc:nt• defined. I Added to NRS in 1981. PR I AG Stat~ment, p. 4. Not X Base I changed since 1981. 

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6 
Ill 121 131 

St:ate Date of 

Citution as Mo~t 

found in Recent 

State Citation pre\'ious i Approved 

(NRS 2006) statutes Version 

459.460 I 444.724 in 198) 

Base 

I 

i 

I 

444.726 in 

l Base 

459.465 1981 

I 

444.728 in 

Base ! 

459.470 1981 

459.475 444.730 in 1999 

Base 

FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

! 

I 

' 

141 

Section Ht-adingl 

Description/RCR.4. analog 

Applicability ofNRS 459.400 to 

459.600, inclusive. 

I 

Types of waste subject to NRS 

4:59.400 to 459.600, inclusive. 

Department designated as stahl 

agency for regulation of hazardous 

waste. 

Duties-o~f-d-ep_a_n_m_e_n_t. __ 

lSI 

Basis for Classification 

I 

Added to NRS in 198 I. Cited on p. 38 of PR I AG 

! 

Statement ( 1981) as a provision clarifying the relationship 

b1erween regulation of radioactive material and water 

pollution. Although the amendatory history indicates a 

1 change in 2003 the change adding a reference to "sections 8 

and 9 ofthis acr• was nevc:r officially adopted. The text of 

I 161 

I 

Authorized: 

Approved nnd 

i Incorporated by 

I Reference: 

i 272.14SI(c)( I) 

I 

Not incorporated by Ref~rence 

171 

Approved: I 

Procedural & 

Enfo_rcement I 

Requarements: i 

272.145](c)tl) 1 

I 

X I 

181 

Broader in 

Scope 

Provisions: 

27l.14Sl(c)(3) 

191 Extra or 

Unauthorized 

Provisions: 

Omit from 

codification 

I 

i I 1 the provision has not changed since 1981. 

------------~-------------r-----------+----------~----------~ I I 

I 

I Added to NRS in 1981. PR I AG Statement, p. 7 (I 98 I). 

Although the amendatory history indicates a change in 2003 

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

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

has not changed since 1981. 

Added to NRS in J 981. PR I AG Statement, p. 35. Not 

changed since 198 \. 

Added to NRS in 1981. Not specifically cited in 

authorization materials; in Base statutes at NRS 444. 730; 

applies to administration of hazardous waste program. The 

1 1999 amendment added a new subparagraph at 2(c) 

addressing depanment responsibilities for warning about 

1 consumer use of products for other than their intended use. 

i This is a change to depanment procedures and has no effect 

I 

on Nevada's approved authorities. Therefore the 1999 

version can be used in the codification. Not changed since 

1999. 

7 

I 

I 

I 

I 

! 

I X 

I I ! 

I 

X I 

l 

X 

nv cdfOO stat crosswalk 2010-04-0 l.doc- 3936.00SS.~V05 

- - - - (Rt:\'iscd: -t/1/lO][Printed: 4/2/10] 
Ill ; 121 131 -

Sute Date of 

Citation as Most 

found in Recent 

State Citation previous Appro\·ed 

(NRS 2006) statutes Version 

459.480 444.732 in 1981 

Base 

I 

459.485 444.734 in 1991 

Base 

I 

459.490 444.736 in 1993 

Ba::..: 

FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

141 JSI I 

--·--· 

Section He~tdingl 

Description/RCRA 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 I 981. 

459.600, inclusive. 

Duties of commission. Added to NRS in 1981. 

PRJ AG Statement, p. 4 ( 1991) 

PR JJ AG Statement. p. I (J 991) 

PR Ill AG Statement. p. 2 ( 1991) 

PR IV AG Statement, p. 2 (1991) 

PR V AG Statement, p. 2 ( J 991) 

PR VI AG Statement, p. 2 ( 1991 ) 

PR VII AG Statements, (199 I) 

Not changed since 1991. 

General requirements for Added to NRS in 1981. 

regulations. PR 1 AG Statement, p. 4 ( 1987) 

PR ll AG Statement. p. I ( 1987) 

PRIll AG Statement, p. 2 (1987) 

PR IV AG Statement, p. 2 (I 987) 

PR VAG Statement, p. 2 (1993) 

PR VI AG Statement, p. 2 (I 993) 

PR VII AG Statements, (1993) 

8 

Not incorporated by Reference 

161 171 181 191 

Autboriud: Approved: Extra or 

Approved and Procedural & Broader in Unauthoriud 

Incorporated by I Enforcement Scope Provisions: 

Reference: Requirements: Provisions: Omit from 

272.14SI(c)( I) 27l.I4Sl(c:)(2) 272.14SI(c)(3) codification 

X 

X 

X 

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(Revised: 4/1/IO)[Printed: 4/2/101 
FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

Ill 121 131 141 lSI Not incorporated by Rtference 

161 171 181 I [9J 

State Date of Authorized: Approved: Extra or 

Citation as Most Approved nnd Procedunl & Broader in UnRutborized 

I found in Recent Incorporated by Enforcement Scope Provisions: 

State Citation previous Approved Section Heading/ Reference: Requirements: Provisions: Omit from 

(NRS2006) statutes Version Description/RCRA analog Basis for Classification l7l.J451(c:)( I) 272.l4Sl(c)(2) l72.J451(c:)(3) codification 

459.500 ·---RI!gulations concerning ----------------------- 444.740 in 2003 AddedtoNRS in 1981. 

Base transportation and handling of PR I AG Statement, p. 10 (1989) 

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

enforcement. The PR II AG Statement dtes the 1989 version; however. 

the provision was amended in 1993 according to the I amendatory history in the statutes. This change would have 

I 

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). 

I 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. X 

The state also made changes related to the OSHA 

requirements that address the safety concerns of hazardous 

waste management employees which are outside the scope 

of RCRA. These changes do not affect the st~tte's approved 

hazardous waste program. The changes also include the 

addition in 2003 of4S9.500.1(4), giving the commission 

authority to promulgate regulations addressing the 

certification of labs perfonning hazardous waste analyses. 

h does not appear that Nevada has promulgated any 

regulations for lab certification to date. If regulations are 

promulgated pursuant to these authorities the state program 

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

similar certification process for laboratories. 

nv cdfOO stat crosswalk 2010-04-0I.doc- 3936.0058.NVOS 

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9 
FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

IIJ 121 13] 141 JSI Not incorporated by Reference 

I 

I 16) 171 181 JiJState Date of Authorized: Approved: Extra or 

Citation as Most Approved and Procedura I & Broader in Unauthorized 

found in Recent Incorporated by 

I 

Enforcement Scope Provisions: 

State Citation previous Approved Section Heading/ Reference: Requirements: Provisions: Omit from 

(NRS 2006) statutes Version Description/RCRA analog Basis for Classification 272.14SI(c){ I) 27Z.I4SJ(c)(2) 272.1451(c)(J) codification 

459.501 Same 

I 

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

for performance of analysis ro detecr of a certified Jab to obtain analyses related to the detection 

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 I 

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

where to send samples for analysis: ! 

40 CR 264. Subpart F, "Releases from Solid Waste 

Management Units• X 40 CR 264/265, Subpart G. "Closure and Post-closure 

requirementsu; I 40 CFR 265 Subpart F. Ground Water-monitoring i 

I 

Note that this is a substantive requirement that if enforced 

affects the state's hazardous waste program and would need 

I • to be addressed in the authorization FR notice. The l 

I 

provision has not been approved by EPA as part ofthe I 

State's authorized program. Exclude from the codification. 

459.502 Same NA Certification of laboratory required Added to NRS in 2003. Requires state cenification for labs 

for performance of analysis for performing hazardous waste characterizations. As 

person who generates waste to discussed relati"e to NRS 459.501. it does not appear that 

determine whether waste is the federal provisions requiring hazardous wast~ 

hazardous. characterization. including 40 CFR 262.11 and 2641265.13. 

address where to send samples for analysis. X 

Note that this is a substantive requirement that if enforced 

I 

affects the State's hazardous waste program and would need 

,,. be addressod in lhe aUihorizalion FR notice. The 

provision has not been approved by EPA as part of the 

State's authorized program. Exclude from the codification. 

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10 
FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

Ill 121 131 141 151 Not incorporated by Reference 

I I 161 (71 181 f91 

State Date of ! Authorized: Approved: Extr:~ or 

Citation as Most I Approved .and Procedural & Broader in Unauthorized 

found in Recent Incorporated by Enforcement Scope Proviliions: 

State Citation previous Approved Sec:tion HHdingl Reference: Requirements: Provisions: Omit from 

(NRS 2006) statutes Version I Description/RCRA an:llog Basis for Classification 272.1451(cJ( I) 272.14SI(c)(2) Z72.1451(c)(3) codification 

459.505 --1--. ---.. --. ------· ·- 444.742 in NA Agr~ements to provide stare land for Added to NRS in 1981. Not specifically cited in 

Base i areas for disposal of hazardous authorization materials. This provision pertains to the use of _L X 

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

beyond the scope ofthe Federal hazardous waste program. -·· . - ··-- 459.510 444.744 in NA Fees for use of areas for disposal Added to NRS in 1981. Not specifically cited in 

I Base owned by state: Amount; payment; authorization materials. This provtsion pertains to the ! I 

i 

waiver; collection of interest; collection of fees for disposal of hazardous waste on state X 

penahies. ! land. which is beyond the scope of the Federal hazardous 

I I 

! waste program. ! f-·· r 

I 1 459.512 Same NA Payment of additional fees by I Added to NRS in 1991. Not specifically cited in I 

I I facility for management of authorization materials. This provision pertains to the 

i hazardous waste for training collection of fees, which is beyond the scope of the Federal I 

I X I emergency personnel and ensuring I hazardous waste program. 

~59515 I safety of shipment of hazardous I I 

I materials; penalty for late payment I 

444.746 in 1981 Construction, alteration or operation ·- Added to NRS in 1981. PR I AG Statement, p. IS. Not 

I J 

Base of facility without permit unlawful; changed since I 981. X 

exc~ption. l 

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II 
[I[ (2[ [3[ 

State Date of 

CitAtion as Most 

found in Recent 

State Citation previous Approved 

(NRS2006) statutes Version 

459.520 444.748 in 2005 

Base 

I 

FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS I 

14[ [5[ 

Section Heading/ 

Description/RCR-\ I analog Basis for Classific:uion 

Regulations governing pennits. Added to NRS in 1981. 

PR I AG Statement, p. 18. ( 1987) 

PR ll AG Statement, p. 12. ( 1987) 

Not changed since 2005. 

Note that, as explained on page 24 oflhe PR I AG 

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

provides that the penn its cannot be issued for a period of 

more than five years. The Stale's statutory requirement is 

more stringent than the Federal provision at 40 CFR 

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

years. The AG Statement explains that although the State's 

Commission has adopted 40 CFR 270.50(a) by reference as 

a State regulation, the more stringent statutory r~quirement 

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 permits not be 

granted for new or modified hazardous waste disposal 

facilities unless they include a liner and leachate collection 

and removal system. At 459.520(8) definitions were added 

for ·1andfiW, "liner". "leachate", and "leachate collection 

and removal system". Additions are consistent with Federal 

landfill design requirements at 40 CFR 264.30 I. 

12 

Not incorporated by Reference 

[61 171 rst [91 

Authorized: Approved: Extra or 

Approved and Procedural & Broader in Unauthorized 

Incorporated by Enforcement Scope Provisions: 

Reference: Requirements: Provisions: Omit from 

272.1451(c)tl) 272.145 l(c)(l) 272.145l(c)(3) codification 

X 

(MS) 

nv _cdfOO_stat_ crosswalk_20 10-04-0I.doc- J9J6.0058J...:vos 

[Revised: 4/liiOJLPrinted; 4i2!10) 
Ill Ill I Ill J4J 

State O:.te of 

FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

I JSJ 

I 16J 171 

Not incorporated by Reference 

181----~----,~9-,----~ 

Authorized: Approved: Extra or 

Citation Approved and Procrdursl & I Bro.ader in ns Most I 

found in Recent 

State Citation I previous Approved Section Heading/ 

I---:-(N_RS ___ lo_o_6_) -+--sca_tu_tes_--f __ v_er_s_io_n_+----o_es_c_ri.;..p_tio_ni_R_C_RA_a_n_a_lo..:..g_ __ !--. __ Basis for Classification 

Incorporated by Enforcement Scope 

l(cference: Requirements: I Provisions: 1 

Unauthorized 

Provisions: 

Omit from 

272.14SI(c)(l) 272.14SI(c){2) 272.J451(c)(J) codification 

--···----+---------+--------+---------' ·----------; 459.525 444.750 in I 987 Financial responsibility of own~:r or Add\!d to NRS in 198 I. I 

Base operator of facility; claim against I PR J AG Statement. p. 14. ( 1987) 

459.530 444.752 in 

Base 

NA 

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

person providing evidence of Not changed since 1987. I 

financial responsibility. , .1' 

1 Accountfurmanagementof------~A~d~d~e~d~t-o~N~R~S~in~I9~8~1-.~N~o-t-sp_e_c~ifi~IC-a~ll-y-c~ite-d~in----------+,-----------+j--------4.-------~·~· -----------

1

, hazardous waste: Creation; source; authorization materials. This provision pertains to the l 

separate accounting for certain fees creation of an account by the State for management of ! X I 

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

hazardous waste program. 

~--------~--------- r---~----+------~--------~---~~~-~--~~----------~-----·-------+---------~r-------~r---------~--------; 459.535 444.754 in NA ' Account for management of Added to NRS in 1985. Not specifically cited in 

459.537 

459.540 

Base 

Same 

444.756 in 

Base 

NA 

1981 

ha:ardous waste: Use. authorization materials. This provision pertains to the use I 

Account for managemem of 

hazardous waste: Payment of costs 

of responding to leak, spill or 

accident; reimbursement; action by 

anomcy general. 

Condition in permit specifying time 

allowed for completion of 

modification. 

of an account by the State for management of hazardous 1 

waste, which is beyond the scope of the Federal hazardous 

X 

waste program. I 

Added to NRS in 1993. Not specifically cited in 

authori~tion materials. This provision pertains ro the 

payment of costs associated with State response to leak, 

spill or accident, which is beyond the scope of the federal 

hazardous waste program. 

Added to NRS in 1981. 

PR I AG Statement, p. 23. Not changed since 198 I. 

13 

X 

X 

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Ill I 121 131 

State Date of 

CitAtion as Most 

found in Recent 

State Citation previous Approved 

(NRS 2006) statutes Version -· 

459.545 444.758 in 2005 

Base 

I 

I ' 

459.546 Same 2005 

459.547 l Same 1989 

459.548 Same 1989 

459.549 Same 1989 

FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

141 151 

Section Heading/ I Description/RCRA analog Basis for Classification 

Substitution of equivalent standards Added to NRS in 1981. 

of protection. PR I AG Statement, p. 23 (1981}. 

The 2005 amendment added 459.545(3) prohibiting the 

permitting of a landfill that does not fulfill the liner and 

leachate collection and removal system requirements at 

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

' 

the addition of this requirement at 459.520. Not changed 

since 2005. 

Variances: Conditions and criteria Added to NRS in 1989. 

for granting; revocation. PR I AG Statement, p. 23 ( 1989). 

2005 amendment added 459.546(4) prohibiting the 

permitting of a landfill that does not fulfill the liner and 

leachate collection and removal system requirements at 

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

the addition of this requirement at 459.520. Not changed 

since 2005. 

Variances: Renewal; protest and Added to NRS in 1989. 

hearing on application for renewal. PR I AG Statement. p. 23 ( 1989). Not changed since 1989. 

Variances: Regulations governing I Added to NRS in 1989. 

applications; fees. j PR I AG Statement, p. 23 ( 1989). Not changed since 1989. i Variances: Granting and renewal Added to NRS in 1989. PRJ AG Statement, p. 23 ( 1989). 

discretionary. Not changed since 1989. 

14 

I 

Not incorporated by Reference 

161 171 181 

I 

[91 

Authorized: Approved: Extra or 

Approved and Procedural & Broader in Unauthorized 

Incorporated by Enforcement Scope Provisions: 

Reference: Requirements: Provisions: Omit from 

272.1451(c)(l) 272.1451(c:)(2) 272.1451(c:)(J) codification 

X 

X 

X 

X 

X 

nv_cdtl>O_stat_crosswalk_2010-04-0 l.doc- 3936.0058.NV05 

(Rc:vili\:d: 4!1/IOJ(Printed: .J/2110! 
FINAL CROSSWALK OF NEVADA STATUTORY PROVISIONS 

Ill I 121 1 Ill 141 I lSI Not incorporated by Reference 

I I 161 J71 

I 

181 191 

State 

I 

D:~teof Authorized: Approvt?d: Extra or 

Citation :1s Most I Approved and Procedural & Bro11der in Unauthorized 

found in Recent I Incorporated by Enforcement Scope Provisions: 

State Citation previous Approved Section Heading/ l 

Reference: I Requirements: Provisions: Omit from 

(NRS 1006) statutes Version Description/RCRA analog Basis for Clas!lification 27l.l43J(c)(l) I 272.14S)(c)(2) 272.145J(c)(3) codification I I 

459.550 444.760 in 1981 Records and reports. Added to NRS in 1981. 

Base PRJ AG Statement, p. 10 I 

I PR II AG Statement, p. 6 I X 

PR lll AG Statement, p. 3. 

i PRVII AG statements signed 5125104, 8130104 and 511 J/06. I 

I 

Not changed since 1981. I --··- 459.555 444.762 in Disclosure of public and confidential Added to NRS in 1981. I 1991 X 

I Base information. PR I AG Statement, p. 36 (1991). Not changed since 1991. 

459.558(1) 

I 

Same [ NA Applicability ofNRS 459.560 and I Added to NRS in 1991. 

459.565; hazardous substances. Cited on p. 30 ofPR I AG Sunemem ro demonstrate that the i provision only limits applicability of provisions authorizing 

' 

X I inspections and corrective action orders and responses as i ! 

they apply to hazardous substances. Not considered part of ! 

I I I hazardous waste program. I l I 459.558(2) Same 1991 Applicability ofNRS 459.560 and Added to N RS in 1991. 

I -159.565; hazardous waste. Cited on p. 30 of PR I AG Swemen11o demonstrate lhallhe I X 

limitation in parab'Taph 459.558( I) does not concern 

hazardous waste. Not changed since 1991. 

459.560 444.764 in 1991 Inspections. Added to NRS in 1981. 

j X 

Base PR J AG Statement, p. 30 ( 1991 ). Not changed since 1991. 

459.565 444.766 in 1991 Action to prevent practice or act Added to NRS in 1981. I Base which constitutes hazard to human PR f AG Statement, p. 31 (I 991 ). Not changed since 1991 . X 

health, public safety or environment -· 459.570 444.768 in 1981 Order to prevent act or practice Added to NRS in 1981. 

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

459.560. inclusive. 

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15 
ATTACHMENT C 

NEVADA PROGRAM REVISION PACKAGE 11 

REGULATORY DOCUMENTATION FOR FEDERAL PROVISIONS FOR WHICH NEVADA IS 

SEEKING AUTHORIZATON 

Federal Final Rules Published between July 1, 2005 and July 1, 2007 

RCRA Clusters XVI and XVII 

Title of regulations: Nevada Administrative Code, Chapter 444.842 to 444.980 

Effective date of regulations: January 30 and April 16, 2008 

Statutory authority: NRS 459.485, 459.490 and 459.500 

Date prepared: October 20.2015 

A. STATE ANALOGS TO FEDERAL CITATIONS 

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

provisions existed on July I, 2007. A list of the federal final rules addressed by this Program Revision is found in 

Attachment B. 

FEDERAL RCRA 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 confonn to IBR 

date. 

260.10 related NAC 444.84275 X Revision of CFR reference to confonn to IBR 

date. 

260.10 related NAC 444.850 X Revision of CFR reference to confonn 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 confonn to IBR date. 

260.10 related NAC 444.8633 Revisions to the substitution in tenns in the 

federal regulations adopted by reference. 

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

date. 

None NAC 444.8871 Revision of CFR reference to confonn to IBR 

date. Excluded from codification. 

None NAC 444.8881 Revision of CFR reference to confonn to 1BR 

date. Excluded from codification. 

None NAC 444.8926 Revision of CFR reference to confonn to IBR 

date. Excluded from codification. 

None NAC 444.8931 Revision of CFR reference to confonn to IBR 

date. Excluded from codification. 

None NAC 444.8941 Revision of CFR reference to confonn to IBR 

date. Excluded from codification. 

None NAC 444.9006 

Revision of CFR reference to confonn to IBR 

date. Excluded from codification. 

None NAC 444.9011 Revision ofCFR reference to confonn to IBR 

date. Excluded from codification. 

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

date. Excluded from codification. 

Remarks 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 the CFR references to conform to the July 1, 2007 adoption by reference date. The update to NAC 444.8633 includes the revision of 

certain terms referred to in the federal regulations adopted by reference. All revisions were made in LCB Files R 137-07 (Attachment D). effective 

January 30, 2008, and RO 15-08 (Attachment E). effective April 17. 2008. 
B. STATE-INITIATED CHANGES TO THE PREVIOUSLY AUTHORIZED PROGRAM 

PREVIOUS CURRENT STATE RELATED STATE ANALOG IS: COMMENT 

STATE CITATION FEDERAL 

CITATION ANALOG BR EQUIVALENT MORE BROADER 

STRINGENT IN SCOPE 

NAC 444.84555 NAC 444.84555 None X Update ofNDEP address. 

NAC 444.8741 NAC 444.8741 None Update ofNDEP address. 

None NRS 459.50 I and None No changes made to statute, 

.502 but regulations pursuant to 

NRS 459.500 were 

X promulgated at NAC 

459.96902-9699. EPA is now 

approving these statutes as 

part of the State's authorized 

program. 

New NAC None Requires Laboratory Certified 

Regulations 459.96902-.9699 by the State of Nevada. 

X Broader in Scope as EPA does 

not regulate the certification of 

laboratories. 

Remarks of the Attorney General 

Under the authority ofNRS 459.485. the State Environmental Commission revised NAC 444.84555 and 8741 in LCB File No. R015-08 

(Attachment E). These modifications updated the address ofNDEP offices in Carson City. 

Under the authority ofNRS 459.485 and NRS 459.500. the State Environmental Commission adopted NAC 459.96902 through .9699 in LCB File 

No. R061-04 (Attachment F). effective October 7, 2004. These regulations require that a state certified laboratory be used to for hazardous waste 

analyses conducted under the provisions ofNRS 459.400 to .600. 
!Attachment D 

ADOPTED REGULATION OF THE 

STATE ENVIRONMENTAL COMMISSION 

LCB File No. R137-07 

Effective January 30, 2008 

EXPLANATION- Matter in ittrlic'.'i is new; matter in brackets (omiuetl muldrial) is material to be omitted. 

AUTHORITY: §§I-8 and I0-13, NRS 459.485; §9, NRS 459.485 and 459.550. 

A REGULATION relating to hazardous waste; revising the dates upon which certain federal 

regulations are adopted 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, 

[2005.) 2006. 

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 

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, (2005 .) 20fJ6. 

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

--)--

Adopted Regulation R137-07 
444.850 As used in NAC 444.850 to 444.8746, inclusive, unless the context otherwise 

requires: 

1. 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 1, 

[2005,] 2f}(J6, have the meanings ascribed to them in that section. 

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

444.8632 1. 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 1, [2005~) 2(J(J6, 

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, Subpart A, Part 124, Subparts A and 8, Parts 260 to 270, inclusive, Part 273 

and Part 279 to interpret those sections and parts. 

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

Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, for the following prices: 

(a) Volume 40 C.F.R. Part 2 ...................................................................................................... $60 

(b) Volume 40 C.F.R. Part 124 .................................................................................................... 45 

(c) Volume 40 C.F .R. Parts 260 to 265, inclusive ....................................................................... 50 

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

--2--

Adopted Regulation Rl37-07 
Sec. S. 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 I, [2005.) 2fJtJ6. 

Sec. 6. NAC 444.887I is hereby amended to read as follows: 

444.887I 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. Part 26I, 

Subpart C, as that part existed on July I, (2005;) 20fJ6; or 

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

2. The provisions ofNAC 444.880 I to 444.907I, inclusive, do not apply to used antifreeze 

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

waste. The used antifreeze described in this subsection is governed by the provisions ofNAC 

444.850 to 444.8746, inclusive. 

Sec. 7. NAC 444.8881 is hereby amended to read as follows: 

444.888I I. 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 I, 

(2005 .J 2006. 

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

clearly marked with the words "Used Antifreeze." 

--3--

Adopted Regulation Rl37-07 
Sec. 8. NAC 444.8926 is hereby amended to read as follows: 

444.8926 1. 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, [2QQ5.] 2fJ06. 

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. 

Sec. 9. 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; 

--4--

Adopted Regulation R 13 7-07 
. . 

(b) Not more than 350 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, 12005,)2006, 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; 

(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. 10. 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 

--5--

Adopted Regulation R137-07 
hazardous waste from the truck in accordance with 40 C.F .R. § 261.7, as that section existed on 

July 1, (2005.] 2006, before he transports the used antifreeze. 

Sec. 11. 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, (2005.] 2(J(J6. 

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 

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

July 1, [2005.] 2006. 

Sec. 12. 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, [2005.) 2fJfJ6. 

Sec. 13. NAC 444.9452 is hereby amended to read as follows: 

--6--

Adopted Regulation Rl37-07 
" ( . 

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, [2005.) 2006. 

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

Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, for the 

following prices: 

(a) The volume containing 40 C.F.R. Parts 260 to 265, inclusive ............................................. $50 

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

(c) The volume containing 40 C.F.R. Part 761 ............................................................................ 61 

--7--

Adopted Regulation Rl37-07 
' !Attachment F I 

ADOPTED REGULATION OF THE STATE 

ENVIRONMENTAL COMMISSION 

LCD File No. R061-04 

Effective October 7, 2004 

EXPLANATION- Matter in itflliC's is new; matter in brackets )emitted mat~rial) is material to be omitted. 

AUTHORITY: §§1-35 and 81, NRS 445A.425 and 445A.428; §§36-80, NRS 459.500. 

A REGULATION relating to hazardous substances; revising the provisions relating to the 

certification of laboratories that detect the presence of hazardous waste or a regulated 

substance in soil or water; providing for the certification of laboratories to identify 

whether waste is hazardous waste or to detect the presence of hazardous waste or a 

regulated substance in soil or water; and providing other matters properly relating 

thereto. 

Section 1. Chapter 445A ofNAC is hereby amended by adding thereto a new section to 

read as follows: 

The Co111mission hereby utlopts by reference Method 1600: Membra11e Filter Test Method 

for Enterococci in JJ!ater. Mtl)' 1997, EPA-821-R-97-(104, i11 tltefornr mo.\·t recently published, 

1111/ess the Commissio11 gives notice pursuant to the provision.f of NAC 445A.067 that the most 

recent publication is 110t suitable for this State. The publicatio11 is available, free of charge, by 

nrailfrom the Environmelltal Protectio11 Age11cy, National Cellter.for Ellt'irollntental 

Publications and lllformution, P.O. Box 42419, Cinci11nati, Ohio 45242-0419, or by telephone 

at 800.490.9198. 

Sec. 2. NAC 445A.0552 is hereby amended to read as follows: 

Adopted Regulation --·-- R061-04 
' 

445A.0552 As used in NAC 445A.0552 to 445A.067, inclusive, tlnd section 1 of this 

regulation, unless the context otherwise requires, the words and terms defined in NAC 

445A.0554 to 445A.0606, inclusive, have the meanings ascribed to them in those sections. 

Sec. 3. NAC 445A.0554 is hereby amended to read as follows: 

445A.0554 "Accuracy" has the meaning ascribed to it in Appendix fBt A of chapter m 1 of 

the Standards. 

Sec. 4. NAC 445A.0556 is hereby amended to read as follows: 

445A.0556 "Analyst" means a chemist, microbiologist, physicist or technician who: 

1. Is qualified to conduct analyses of environmental samples pursuant to the provisions of 

the manual specified in paragraph (e) of subsection W 1 ofNAC 445A.0612; and 

2. Performs those tests or assists in performing those tests with other qualified employees of 

a certified laboratory. 

Sec. 5. NAC 445A.0564 is hereby amended to read as follows: 

445A.0564 "Certified laboratory" means a laboratory for which a certificate to conduct 

analyses of water is issued pursuant to the provisions ofNAC 445A.0552 to (445A.Oe54~ 

iAelusiYe.] 445A.067, inclusive, and section 1oft/tis regulation. 

Sec. 6. NAC 445A.0568 is hereby amended to read as follows: 

445A.0568 "Director" means: 

I. A person who is qualified to administer any technical or scientific operation of a certified 

laboratory and supervise the procedures for the testing and reporting of the results of tests 

pursuant to the provisions of the Standards; or 

--2--

Adopted Regulation R061-04 
2. A chemist, microbiologist or physicist who is qualified to engage in an activity specified 

in subsection I pursuant to the provisions of the manual specified in paragr(lph (e) of subsection 

W 1 ofNAC 445A.0612. 

Sec. 7. NAC 445A.0578 is hereby amended to read as follows: 

445A.0578 "National Environmental Laboratory Accreditation Conference" has the 

meaning ascribed to it in Appendix fBt A of chapter W 1 of the Standards. 

Sec. 8. NAC 445A.0582 is hereby amended to read as follows: 

445A.0582 "National Environmental Laboratory Accreditation Program" has the meaning 

ascribed to it in Appendix tBt A of chapter m I of the Standards. 

Sec. 9. NAC 445A.0584 is hereby amended to read as follows: 

445A.0584 "Performance-based measurement system" has the meaning ascribed to it in 

Appendix fBt A of chapter ~ 1 of the Standards. 

Sec. 10. NAC 445A.0588 is hereby amended to read as follows: 

445A.0588 "Precision" has the meaning ascribed to it in Appendix tBt A of chapter~ 1 of 

the Standards. 

Sec. 11. NAC 445A.0592 is hereby amended to read as follows: 

445A.0592 "Proficiency test sample" has the meaning ascribed to it in Appendix fBt A of 

chapter~ 1 of the Standards. 

Sec. 12. NAC 445A.0594 is hereby amended to read as follows: 

445A.0594 "Proficiency testing program" has the meaning ascribed to it in Appendix fBt A 

of chapter ~ 1 of the Standards. 

Sec. 13. NAC 445A.0598 is hereby amended to read as follows: 

--3--

Adopted Regulation R061-04 
445A.0598 "Quality manual" has the meaning ascribed to it in Appendix fBt A of chapter 

~ .I of the Standards. 

Sec. 14. NAC 445A.0602 is hereby amended to read as follows: 

445A.0602 "Sensitivity" has the meaning ascribed to it in Appendix tBf A of chapter m 1 

of the Standards. 

Sec. 15. NAC 445A.0604 is hereby amended to read as follows: 

445A.0604 "Spike" has the meaning ascribed to it in Appendix f8f A of chapter m 1 of the 

Standards. 

Sec. 16. NAC 445A.0612 is hereby amended to read as follows: 

445A.0612 1. The Commission hereby adopts by reference the following publications in 

the forms most recently published, unless the Commission gives notice pursuant to the 

provisions ofNAC 445A.067 that the most recent publication is not suitable for this State. The 

publications are available, unless otherwise provided in this section, by mail from the National 

Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, or by 

telephone at 800.553.6847. The publications may also be obtained from the National Technical 

Information Service at the Internet address <http://www.ntis.gov/ordering.htm>. The 

publications are: 

fh} (a) Consensus Method for Determining Groundwaters Under the Direct Influence of 

Surface Water Using Microscopic Particulate Analysis (MPA}, [ePA 91 Q/9 92 Q29,) 

EPA/91 0/9-92/()29, Order Number PB93-180818, for the price of [$31.50. 

--+.)- $37. 

(b) DBPIICRAnalytical Methods Manual, (ePA 81·~ B 96 QQ2~) EPA/814/B-96/fJ02, Order 

Number PB96-157516, for the price of~ 

--4--

Adopted Regulation R06l-04 
----:hi- $52. 

(c) ICR Microbial Laboratory Manual, [EPA 600/R 95/178~) EPA/6(){)/R-951178, Order 

Number PB96-157557, for the price off$*-: 

--4:f $74. 

(d) ICR Sampling Manual, April 1996, [EPA 814 B 96 001 ~1 EPA/814/B-96/0fJ1, Order 

Number PB96-157508, for the price of~ 

(e) Manual for the Certification of Laboratories Analyzing Drinking Water: Criteria and 

Procedures, Quality Assurance, 4th edition, (ePA 815 B 97 001.) EPA/815/B-971001, Order 

Number [PB90 220500,] PB97-171490, for the price of f$38.50. 

-&.-} $51. 

(f) Method 1 (J(J.2: Determination o(Ashestos Structures over 1 (J Micron1eters in Length in 

Drinking Water, June 1994, EPA/6f)(J/R-94/134, Order Number PB94-2019fJ2,for the price t~f 

$33.50. 

(g) Method 1613: Tetra-Through Octa-Chlorinated Dioxins and Furans by Isotope Dilution 

HRGCIHRMS, Revision B, October 1994, [EPA 821 B 91 005~) EPA/821/B-94/fJfJSB, Order 

Number PB95-104774, for the price of~ 

7. ~4etheds for the Chemisal AAalysis of Water aAd 'Nastes, EPA 600 4 79 020, Order 

1!-h:tA=tber PB84 128677, for the priee of~ I 0 I. 

--&-} $39.50. 

(h) 1Wethod 1664, Revision A: N-Hextlne Extrtlctab/e Mt~terial (HEM; Oil and Gretlse) tllul 

Silica Gel Treated N-Hexane Extractable Material (SGT-HEM; Non-Polar A'Iaterial) hv 

Extraction and Gravi1netrv. February 1999, EPA/821/R-981002, Order Number PB99-121949, 

--5--

Adopted Regulation R061-04 
for the price of$33.50. Tile publication i.tt also available, free ofcllarge,from the 

Environmental Protection Agency at the Internet addres.v 

<ltttp:/lwww.epa.gov/ost/methods/1664(()51.html>. 

(i) Methods for the Determination of Inorganic Substances in Environmental Samples, 

August 1993, [EPAtGOO/R 93 1 00,) EP A/600/R-93/1 00, Order Number PB94-120821, for the 

price of~ 

-9:f $52. 

OJ Methods for the Determination of Metals in Environmental Samples, (ePA/600 '1 9 UO 1 0,) 

EPA 60014-911010, Order Number PB91-231498, for the price of .p.G+Q-: 

I 0.1 $81. 

{k) Methods for the Determination of Metals in Environmental Samples, Supplement I, 

EPA/600/R-94/111, Order Number PB95-125472, for the price of~ 

II.] $74. 

(/) Methods for the Determination of Nonconventional Pesticides in Municipal and Industrial 

Wastewater, Volume I, Revision 1, August 1993, (ePA 821 R 93 OIQ A, ProdHet] EPA/82.1/R93/(J10A, OrtierNumber PB94-121654, for the price of~ 

12.] $152.5(). 

(m) Methods for the Determination of Organic Contpounds in Drinking Water, 

Supplentent 1, EPA/6fJ0/4-9(J/fJ2fJ, Order Nu1nher PB91-146(J27,for the price of$68.5(). 

(11) Methods (or the Deterntination o(01·gallic Compounds in Drinking Water, Supp/entent 

£, EPA/600/R-921.129, Order Number PB92-207703,for the price of$74. 

(o) Methods for the Determination o[Orga11ic Compound.~ in Drinking Water, Supplement 

J.., EPA/60fJ/R-95/131, Order Nuntber PB95-261616,for the price of$/ 17. 

--6--

Adopted Regulation R061-04 
(p) Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to 

Freshwater and Marine Organisms, 4th edition, EPA/600/4-90/027F, Order Number PB94-

114 733, for the price of~ 

13.J $81. 

(q) Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving 

Water to Freshwater Organisms, 3rd edition, EPA/600/4-91/002, Order Number PB96-141452, 

for the price of~ 

1'1.] $86.50. 

(r) Short-Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving 

Water to Marine and Estuarine Organisms, 2nd edition, (EPA/600/c1 91 003~1 EPA/60014-

91/003, Order Number PB96-141445, for the price of{$++: 

15. U8 EPA) $111.50. 

(.~) Technical Note.~ on Dri11ki11g Water Methods, EPA/61JIJIR-941173, Order Nu1nber 

PB95-104766,for the price of$37. 

(t) Te.\·t Metltotls (or "Escherichia Coli" in Dri11ki11g Water: EC Meditun witll Mug Tube 

Procedure, Nutrient Agar with ~lug Me1nbra11e Filter Procedure, EPA/6fJ0/4-91/fJ16, Order 

Nuntber PB91-234591,for tlte price of$17.50. 

(u) USEPA Contract Laboratory Program: H Statement ofWorkfor Organics Analysis: H 

Multi-Media, Multi-Concentration, OLMOJ.O (Includes Revisions OLMOJ.l through OLM01.8), 

EPA/541J/R-94/(J78, Order Number PB95-963508, for the price of [$86.50.] $11)1). The 

publication is also available, free of charge, from the Environmental Protection Agency at the 

Internet address <http://www .epa.gov /superfund/programs/clp/organ ic.htm>. 

[I 6. US EPA] 

--7--

Adopted Regulation R061-04 
(v) USEPA Contract Laboratory Program: HStatementofWorkfor Inorganics Analysis: 

H Multi-Media, Multi-Concentration, ILM02.1, EPA/540/R-94/095, Order Number PB95-

963514, for the price of~ $81. The publication is al.\'O available, free of charge, from the 

Environmental Protection Agency at the Internet address 

<http://www .epa.gov/superfund/programs/clp/inorg.htm>. 

2. Tile Commission hereby adopts by referellce the following pub/icatio11s in the form.s 

nzo.st recellt/y published, unle.\'S the Com1ni.fsion give.s 11otice pursua11t to the provi.do11s of 

NAC 445A.067 that the mo.5t recent publication is not suitable for this State. Tlte publications 

are available by mail from the National Technicallnforntation Service, 5285 Port Royal Road, 

Springfield, Virginia 22161, or by telephone at 800.553.6847. The publications are: 

(a) Interim Radiochemical Methotlologv (or Drinking Water. EPA/60014-75-008, Order 

Number PB253258,for the price of$37. 

(b) Method 1 fJO.J: Anall'tical Method for Determination o(Asbestos Fibers in Water, 

September 1983, EPA/60014-83-043, Order Nuntber PB83-26047l,for the price of$78.50. 

(c) Methods for the Chentical Analv~·i.\' of Water and Wastes, EPA/60014-79-020, Order 

Number PB84-128677,for the price of$117. 

(d) Metltods (or the Determinution of Organic Contpounds in Drinkiltg Water, .Revised 

July 1991, EPA/600/4-88/039, Order Nu1nber PB91-231480,for the price of$89.50. 

(e) Prescribed Procedure.\' (or Measurement o(Radioactivitv in Drinking Water, 

EPA/60(J/4-80-032, Order Number PB80-224744,for the price of$47.50. 

Sec. 17. NAC 445A.0614 is hereby amended to read as follows: 

445A.0614 The Commission hereby adopts by reference [the fullo..,;iRg fH:il=llieatioRsl Test 

Methods for Evaluating Solid Waste, Phvsical/Chenzical Methods. SW-846, 3rd edition, and 

--8--

Adopted Regulation R061-04 
Updates I. II.IIA.IJB lind III. Publictltion Number 9JJ-(J01-(J()(J(}{J-J, in the (forms]ftJrnl most 

recently published, unless the Commission gives notice pursuant to the provisions ofNAC 

445A.067 that the most recent publication is not suitable for this State. The (pualieations are 

available, 1:1nless othen..-ise provided in this section.) publicatio11 is available by mail from the 

Superintendent of Documents, United States Government Printing Office, P.O. Box 371954, 

Pittsburgh, Pennsylvania 15250-7954, or by telephone at 202.512.1800, (. Tke puelieations ure: 

1. Method 1600 ~4embrane filter Test ~'lethod for EAteroeoeei in '.Vuter, ~4ay 1997, EPA 

821 R 97 004. which is aYailable. free of eharge, from the Environmental Protection Ageney. 

~lational Center for 13nviromnental Publications and Information, II 029 Keln\·ood Road. 

BuildiAg 5, CinciAnati, Ohio 452'12. 

2. ~4ethod 16G 1, Revision A: "J)S HeKane Extractable ~4aterial (HE~4; Oil and Grease) and 

Silica Gel Treated N Hexane Extractable f\4aterial (SGT HEf\4; l>Jen Polar f\4aterial) by 

eKtraction and Gravimetry. February 1999, EPA 821 R 98 002. The publication is also 

available~ free of charge. from tile Environmental Protection Agency at the Internet address 

<http:/!vt'WW.ef.'a.gev/oameincl/0 ll2126/1661a.pdl>. 

3. Test f\4ethods f()r ,e,·alt:tatiflg Solid '.Vaste. Ph~·sical/Chemieal f\4ethods, S\V 8'16, 3rd 

edition~ and Updates I. II. II A~ liB and Ill. Publication f'J~:~mber 955 00 I 00000 I,] for the price 

of [$319.) $367. The publication is also available ,free of charge, from the [United States 

GevernmeHt Printing Offieef Environmeutlll Protectio11 Age11cy at the Internet address 

<http://www .epa.gov /epaoswer/hazwaste/test/main.htm>. 

Sec. 18. NAC 445A.0616 is hereby amended to read as follows: 

445A.0616 The following publications are hereby adopted by the Commission in the forms 

most recently published, unless the Environmental Protection Agency fails to publish notice of 

--9--

Adopted Regulation R061-04 
its approval of the publication in the Federal Register or the Commission gives notice pursuant to 

the provisions ofNAC 445A.067 that the most recent publication is not suitable for this State: 

1. Annual Book of ASTM Standards, Section 5, "Petroleum Products, Lubricants, and Fossil 

Fuels," which is available by mail from the American Society fl4wt for Testing and Materials, 

100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959, by telephone at 610. 

832.9585 or at the Internet tultlress <llttp:llwww.astm.org>, for the price of ($528.1 $999. 

2. Annual Book of ASTM Standards, Section 11, "Water and Environmental Technology," 

which is available by n1ail from the American Society fl4wl-for Testing and Materials, I 00 Barr 

Harbor Drive, West Conshohocken, Pennsylvania 19428-2959, by telephone at 610.832.9585 or 

at the I11ten1et address <http://www.astm.org>, for the price of ($589.) $9(J6. 

3. /SO//EC Guide 25, General Requirements for the Competence of Calibration and Testing 

Laboratories, 1990, which is available by mt1il from Global Engineering Documents, 15 

Inverness Way East, Englewood, Colorado (80 112,) 80112-5776, by telephone at 8fJfJ.854. 7179 

or at the Internet addre.ss <llttp:llwww.global.ihs.com>, for the price of~ $35. 

4. Standard Methods for the Examination of Water and Wastewater, Order Number 10079, 

available by mail from the American Water Works Association, Customer Service, 6666 West 

Quincy Avenue, Denver, Colorado 80235, by telepho11e at 801}.926. 7337 or at the Internet 

address <http://www.awwa.org/bookstore/ProductList.c(m>, for the price of $155 for members 

and $200 for nonmembers. 

Sec. 19. NAC 445A.0618 is hereby amended to read as follows: 

445A.0618 1. The provisions ofNAC 445A.0552 to ('1'15A.Oe5·L) 445A.067, inclusive, 

and section 1 of thi.\' regu/atio11 must not be interpreted to circumvent any of those provisions to 

--tO--

Adopted Regulation R061-04 
make them less effective. If more than one interpretation exists for any of those provisions, the 

more restrictive interpretation applies. 

2. If any publication adopted by reference pursuant to the provisions ofNAC 445A.0612, 

445A.0614 and 445A.0616 and section 1 of this regulatio11 conflicts with any provision ofNAC 

445A.0552 to [445/\.0654,) 445A.067, inclusive, anti section I oftlli.~ regulation or with the 

Standards, the provision set forth in NAC 445A.0552 to [445A.0651,_1445A.067, inclusive, tlnd 

section 1 oftllis regulation or the Standards applies. 

Sec. 20. NAC 445A.0622 is hereby amended to read as follows: 

445A.0622 1. [Laboratory testiAg is the eutegory of testiAg SfJeeified iA f'ig1:1re 1 3 of the 

StaAdards for which a) A laboratory may obtain certification pursuant to the provisions ofNAC 

445A.0552 to ('1'15A. 0654, iAeh:tsive.)445A.fJ67, inclusive, and section 1 oftllis regulation to 

perform analyse~· for the purpo~·es of NRS 445A.300 to 445A. 73(J, inclusive, to detect the 

presence of hazardous waste or a regulated suhsta11ce in .~oil or water. 

2. The scientific disciplines [vdthin the category of testing speeified in subseetioA I] for 

which a laboratory may obtain certification are: 

(a) Chemistry; 

(b) Whole Effluent Toxicity; 

(c) Microbiology; and 

(d) Radiochemistry. 

3. A laboratory may obtain certification pursuant to the provisions ofNAC 445A.0552 to 

[1 '15A.0654,1445A.067, inclusive, and section 1 ofthi!J' regulation for any program relating to 

the analysis of water approved by the Environmental Protection Agency pursuant to the Federal 

Act. 

--It--

Adopted Regulation R06l-04 
4. Except as otherwise provided in subsection 5, the approved methods of testing for which 

a laboratory may obtain certification are set forth in: 

(a) Title 40 C.F.R. § 136.3 and Appendices A, C and D to 40 C.F.R. Part 136; 

(b) Appendices A and B to 40 C.F.R. Part 425; 

(c) Title 40 C.F .R. § 434.64; 

(d) Appendices 1 and 2 to 40 C.F .R. Part 435, Subpart A; 

(e) Table 7 to 40 C.F.R. Part 455; 

(f) Title 40 C.F.R. § 465.03(c); 

(g) Title 40 C.F .R. § 503.8; and 

(h) The publications specified in [s~:~bseetioRs 7 to 14,) paragrt~plts (II) to (r), inClusive, of 

subsectiolll ofNAC 445A.0612, [subseetions I and 2 oft>~AC 1'15A.061'1 aRd] subsections 1, 2 

and 4 ofNAC 445A.0616 f:t t1nd ,r;ection 1 of this regu/atio11. 

5. A laboratory may obtain certification to use a performance-based measurement system or 

any other alternative method of testing if the laboratory: 

(a) Complies with the provisions of subsection 5 ofNAC 445A.0626; 

(b) Obtains approval for that method ofte~ting from the Environmental Protection Agency 

pursuant to the provisions of 40 C.F.R. fHf § 403.7(b)(2)(v), 403.12(b)(5)(vi) or 403.12(g)(4); 

(c) Complies with the requirements for application set forth in 40 C.F .R. § 136.4; and 

(d) Provides proof and evaluates the performance-based measurement system or other 

alternative method of testing in accordance with the provisions of: 

( 1) Appendix E of chapter 5 of the Standards; 

--12--

Adopted Regulation R061-04 
(2) "Guidelines Establishing Test Procedures for the Analysis of Pollutants: Flexibility in 

Existing Test Procedures and Streamlined Approach for Approving New Test Methods," set 

forth in Volume 62 of the Federal Register at pages 14975 et seq., March 28, 1997; and 

(3) "Performance Based Measurement System R ,"set forth in Volume 62 of the Federal 

Register at pages 52098 et seq., October 6, 1997. 

6. To be certified to conduct an analysis of an analyte using an approved method of testing 

specified in subsection 4, the analyte must be listed by the Division in the approved method of 

testing pursuant to that subsection. 

Sec. 21. NAC 445A.0624 is hereby amended to read as follows: 

445A.0624 For the purposes of charging and collecting fees and conducting performance 

evaluations pursuant to the provisions ofNAC 445A.0552 to (115/\.0651,) 445A.fJ67, inclusive, 

a11tl sectio11 1oft/lis regulation, the Division shall classify each analyte for which a laboratory 

may be certified into the following categories: 

1. [Traee metals; 

2 . ~4inerals: 

3. ~h:ItrieAts; 

'1. Demands: 

~ Asbestos. 

2. Cyan ide. 

3. De1nands. 

4. Dioxi11. 

5. H erhicides. 

6. Microbiology. 

--13--

Adopted Regulation R061-04 
7. Minerals. 

8. Nutrients. 

9. Oil and grease. 

1 fJ. Perclllorate. 

11. Pesticides 

12. Pllellolics. 

13. Polyaro1natic hydrocarbons. 

14. Polychlorinated biphenyls (('Jtater); 

--&1- in oil. 

15. Polychlorinated biphenyls ~ 

7. Pestieides; 

8. Volatile haleearl3oRs; 

9. Volatile aromaties; 

I 0. Total eyaAide; 

11. }loAfilteral31e residl:le; 

12. Oil aAd grease; 

13. Total phenolies: 

14. Total residl:lal ehloriAe; 

15. Mierol3iologieal eeAtaminaAts; 

16. Radioehentieal eontamiHaAts; or 

17.) in wastewater. 

16. Radioclle1nbitry. 

17. Residual chlorine. 

--14--

Adopted Regulation R061-04 
18. Residue. 

19. Se1nil'olati/e organic chemistry. 

20. Synthetic Organic Compounds Group 1 (inclutles .senlil'(J/atile organic clle1ni.\·try, 

pesticides, herbicides alltl polyaromatic hydrocarbons). 

21. Toxicity biotzs.w1y. 

22. Trace metals. 

23. Volatile orga11ic chemistry. 

24. Any other individual contaminant. fas defined by the bAvironmeAtal Proteetion 

AgeAey.) 

25. Any other individual nlulticolltaminant method. 

Sec. 22. NAC 445A.0626 is hereby amended to read as follows: 

445A.0626 1. To be certified to conduct laboratory testing, a laboratory must comply with 

the requirements set forth in sections 1.8.3, 4.1.1, 5.0, 5.1 [ana 5.'1 to 5.16, ineh:1sive.) , J.4 and 

5. 5 of the Standards. 

2. To be certified in: 

(a) Chemistry, a laboratory must comply with the requirements set forth in section 1.8.5 and 

Appendix D.l of chapter 5 of the Standards; 

(b) Whole effluent toxicity, a laboratory must comply with the requirements set forth in 

section 1.8.6 of the Standards and Appendix 0.2 of chapter 5 of the Standards; 

(c) Microbiology, a laboratory must comply with the requirements set forth in section 1.8.7 

and Appendix 0.3 of chapter 5 of the Standards; or 

(d) Radiochemistry, a laboratory must comply with the requirements set forth in section 1.8.8 

and Appendix 0.4 of chapter 5 of the Standards. 

--IS--

Adopted Regulation R061-04 
3. To be certified pursuant to the program specified in subsection 3 ofNAC 445A.0622, a 

laboratory must comply with: 

(a) The provisions concerning method detection limits, sample containers, holding times and 

preservation set forth in 40 C.F.R. § 136.3(e) and Appendix B to that part; 

(b) The provisions of 40 C.F .R. §§ 403. 7(b )(2), 403.12(b )(5) and 403.12(g)( 4 ), if applicable; 

(c) The provisions concerning the methods set forth in 40 C.F.R. § 455.50, if the laboratory 

conducts tests for active ingredients in pesticides; and 

(d) The provisions concerning the collection of representative samples and the methods set 

forth in 40 C.F.R. [Pat1G) §§ 501.15(b)(IO)(iv) and 503.8, ifthe laboratory conducts tests of 

sewage sludge. 

4. To be certified for an approved method of testing, a laboratory must comply with the 

requirements for using that approved method of testing specified in subsection 4 ofNAC 

445A.0622 and the Standards. If a conflict occurs between a provision specified in that 

subsection and the Standards concerning an approved method of testing, the Standards apply. If a 

manufacturer provides instructions for maintaining any equipment used for testing or for 

ensuring the performance of any test or demonstrating the performance of any system of 

measurement, the laboratory shall comply with those instructions. If a conflict occurs between a 

provision of those instructions and a provision specified in subsection 4 ofNAC 445A.0622 or 

the Standards, the provisions specified in that section or the Standards apply. 

5. If a laboratory intends to use a performance-based measurement system or any other 

alternative method of testing, the laboratory shall, before the Division conducts an inspection of 

the laboratory pursuant to the provisions ofNAC 445A.0638, submit to the Division a written 

statement setting forth the performance-based measurement system or other alternative method 

--16--

Adopted Regulation R061-04 
of testing it intends to use. The Division may approve the performance-based measurement 

system or alternative method of testing if, as determined by the Division: 

(a) The system or method is equivalent to or exceeds the approved method of testing for 

accuracy, precision, completeness and comparability relating to determining compliance with the 

regulatory concentration levels or system conditions; 

(b) An approved method of testing is not available for use by the laboratory to determine the 

presence of an analyte for which the laboratory requests certification pursuant to the provisions 

ofNAC 445A.0552 to ('l'l5A.065'1, inelusive:) 446A.067, inclu.sive, a1ul section 1 oftllis 

regulation; or 

(c) The laboratory obtains approval for the system or method from the Environmental 

Protection Agency. 

6. To be certified to test for a specific analyte using an approved method of testing, a 

laboratory must comply with the requirements established by the Division for the approved 

method of testing and the standards for initial and continuing calibrations of test equipment and 

demonstrations by analysts of precision, accuracy, sensitivity and low system background for 

each analyte. If a conflict occurs between the requirements established by the Division and the 

Standards, the Standards apply. 

7. As used in this section: 

(a) "Holding times" has the meaning ascribed to it in Appendix tBf A of chapter~ 1 of the 

Standards. 

(b) '(Limit of detection" mellllS the smallest anwunt or concentration of an a1u11yte that call 

be reliably detected i11a given sample by t1 specific 1neasureme11t proces.~. 

--17--

Adopted Regulation R061-04 
(c) "Low system background" means an analysis of a method blank that does not yield 

contamination at a concentration that is greater than the [tvlDL. 

(e)J ntetltotl detection limit or tlte litnit of detectio11, wllicltever is applicable to tlte 

particular analyte. 

(d) "Method blank" has the meaning ascribed to it in Appendix fBt A of chapter ~ 1 of the 

Standards. 

~ (e) "Method detection limit" has the meaning ascribed to it in Appendix fBt A of 

chapter f§t 1 of the Standards. 

Sec. 23. NAC 445A.0628 is hereby amended to read as follows: 

445A.0628 1. A laboratory may apply for certification by the Division or certification 

pursuant to the National Environmental Laboratory Accreditation Program. 

2. To obtain certification by the Division, a laboratory must comply with the provisions of 

NAC 445A.0552 to 1:445A.0654, ineh:tsive.J 44JA.067, i11clusive, tlnti section 1 of this 

1·egulation. 

3. A laboratory that is certified by the Division may provide analytical data for an 

environmental sample originating in this State for each analyte for which the laboratory is 

certified. 

4. To obtain certification pursuant to the National Environmental Laboratory Accreditation 

Program, a laboratory must: 

(a) Comply with the provisions ofNAC 445A.0552 to [4'15A.0654~ iAelusive;] 44JA.fJ6(, 

inclusive, a11d sectio11 1 oftllis regulation; 

(b) Before obtaining certification pursuant to the Program and every 2 years after obtaining 

that certification, submit to an assessment of the laboratory conducted at the laboratory under the 

--18--

Adopted Regulation R061-04 
direction of a person who is approved pursuant to the (National Environmental Laboratory 

Accreditation] Program; and 

(c) Specify in its application for certification at least one approved method of testing f.ai:ttlt an 

analyte pursuant to the provisions of subsections 4 and 6 ofNAC 445A.0622. 

Sec. 24. NAC 445A.0632 is hereby amended to read as follows: 

445A.0632 1. To apply for certification pursuant to the provisions ofNAC 445A.0552 to 

[445A.0654~J446A.067, inclusive, a11d sectio11l oftllis regulation, the director of the laboratory 

for which certification is requested must submit an application to the Division on a form 

approved by the Division. The application must be accompanied by the fees prescribed in NAC 

445A.066 and include the information specified in sections 4.1. 7 and 4.1.9 of the Standards. 

2. The provisions of this section do not require an application and certificate for each 

building or other portion of a certified laboratory that: 

(a) Is operated by the same management, quality manual and quality assurance officer as the 

certified laboratory; 

(b) Uses only methods for which the laboratory is certified; 

(c) Does not issue reports directly but forwards data to the certified laboratory for reporting 

purposes; and 

(d) The Division determines is used to analyze the same environmental samples as the 

certified laboratory. 

'- As used in this subsection, "quality assurance officer" means the quality assurance officer 

specified in section 5.4.2 of the Standards. 

3. The Division shall not consider an application for certification submitted pursuant to this 

section to be complete unless: 

--19--

Adopted Regulation R061-04 
(a) The laboratory specifies in the application the approved methods of testing in accordance 

with the provisions ofNAC 445A.0622; 

(b) The laboratory satisfactorily analyzes proficiency test samples in accordance with the 

provisions ofNAC 445A.0634; 

(c) The laboratory adopts a quality manual and submits the manual to the Division pursuant 

to the provisions ofNAC 445A.0636; 

(d) {+Ret Except for tllaboratory that co1nplies with the provisions of NAC 445A.0665, tile 

Division conducts an inspection of the laboratory for the approved methods of testing faH6t 

analytes for which the laboratory requests certification pursuant to the provisions ofNAC 

445A.0638; 

(e) If the report of an inspection of the laboratory conducted by the Division includes any 

deficiency that must be corrected, the laboratory submits to the Division a written plan to correct 

the deficiency in accordance with the provisions of subsection 7 ofNAC 445A.0638; 

(f) The director of the laboratory is qualified for that position pursuant to the provisions of 

[the maAI:lal SJ3eeifiea iA subseetion 5 of~lAC '1'15A.Oe I 2;] subsection 4.1 of c/1apter 4 oftlte 

Standards; and 

(g) The applicable fees prescribed in NAC 445A.066 have been paid. 

4. An application for certification shall be deemed withdrawn by the applicant if it is not 

completed pursuant to the provisions of this section within 1 year after the Division receives the 

application. The Division may extend the period in which an application must be completed 

pursuant to this subsection if the applicant submits to the Division a written request for an 

extension setting forth the reasons for the request. 

Sec. 25. NAC 445A.0634 is hereby amended to read as follows: 

--20--

Adopted Regulation R061-04 
445A.0634 1. Each laboratory for which an application for certification is submitted and 

each certified laboratory must participate in a proficiency testing program. The laboratory must: 

(a) Obtain single-blind proficiency test samples from a provider approved by (tke ll'JatieAal 

Institute ef TestiAg Standards;) a Proficiency Testi11g Over.\·ight Body/Proficiency Testing 

Provider Accreditor; 

(b) Analyze the proficiency test samples, if available, for each category of certification and 

analyte that is included in the program; and 

(c) Report the results of the analysis to the provider specified in paragraph (a). 

• If the laboratory is a certified laboratory and if a test will be conducted for each category of 

certification and analyte for which the laboratory is certified, the certified laboratory must 

analyze a proficiency test sample pursuant to the program not less than once every 6 months. 

2. Each laboratory specified in subsection I shall pay the costs of subscribing to a program 

specified in that subsection. 

3. Each laboratory specified in subsection l must satisfactorily analyze each analyte that is 

included in the program specified in subsection 3 ofNAC 445A.0622 on two of the most recent 

three rounds of testing. Each laboratory shall, before obtaining a proficiency test sample pursuant 

to paragraph (a) of subsection 1, authorize the provider of the proficiency test sample to submit 

to the Division the results of any test taken pursuant to the provisions of this section. If the 

laboratory fails to provide that authorization, the Division may refuse to consider the results of 

any test taken pursuant to those provisions. 

4. The Division shall consider the results of any test taken pursuant to this section to be 

satisfactory if the results are within the limits of acceptance established by t.he provider of the 

--21--

Adopted Regulation R061-04 
proficiency test samples in accordance with the provisions of Appendix C of chapter 2 of the 

Standards. 

5. If the Division determines that the results of a test are satisfactory, the laboratory may be 

certified to use any approved method of testing for each analyte that is satisfactorily analyzed by 

the laboratory if, as determined by the Division, data sufficient to validate the use of that method 

of testing on an annual basis are available. If such data are not available, the Division shall deny 

or revoke certification for that method of testing. As used in this (13aragraf31=l,] subsection, "data 

sufficient to validate" means performance of an initial demonstration of capability as defined in 

section 7.2.8 of the manual specified in paragraph (e) of subsection~ 1 ofNAC 445A.0612. 

6. If a certified laboratory fails: 

(a) Two rounds of testing pursuant to subsection 3, the Division shall suspend the 

certification of that laboratory for each analyte the laboratory failed to analyze during those 

rounds; or 

(b) Three rounds of testing pursuant to that subsection, the Division shall revoke the 

certification of that laboratory for each analyte the laboratory failed to analyze during those 

rounds. 

7. If the Division suspends the certification of a certified laboratory pursuant to subsection 6 

because the laboratory failed two nonconsecutive rounds of testing, the Division shall reinstate 

the certification of that laboratory for the method of testing faH6t an analyte for which the 

certification was suspended if the certified laboratory satisfactorily analyzes the analyte in a 

proficiency test sample that is approved by the Division. 

8. If the Division suspends the certification of a certified laboratory pursuant to subsection 6 

because the laboratory failed to analyze an analyte on two consecutive rounds of testing, the 

--22--

Adopted Regulation R061-04 
laboratory must satisfactorily analyze the analyte during each of two consecutive rounds of 

testing conducted after the Division suspends the certification. 

9. If the Division revokes the certification of a certified laboratory pursuant to subsection 6, 

the laboratory must: 

(a) Analyze satisfactorily the analyte for which the certification was revoked during each of 

two consecutive rounds of testing conducted after the Division revoked the certification; and 

(b) Reapply for certification and pay the applicable fees pursuant to the provisions ofNAC 

445A.0552 to [4 4 5/\.0651, iAelusive.] 44JA.fJ67, inclusive, a11d section 1 of this regult1tion. 

'- If a certified laboratory complies with the provisions of this subsection and is otherwise 

qualified for certification pursuant to the provisions ofNAC 445A.0552 to ('I '15/\.065'1.) 

44A.067, inclusive, a11tl section 1 oftllis regulution, the Division shall reinstate the certification 

of the laboratory for each method of testing and analyte for which the laboratory was certified. 

l 0. Each certified laboratory must comply with the requirements concerning enrollment, 

testing, conduct and participation in the program specified in subsection I pursuant to the 

provisions of sections 2.4, 2.5 and 2. 7 of the Standards. 

11. As used i11 tlli.s sectioll, "Proficiellcy Testing Oversight Body/Proficiency Testing 

Provider Accreditor'' ha.s tile mea11i11g tlscribed to it in Appendix A of clltlpter 1 of the 

Stu 11tl11rtls. 

Sec. 26. NAC 445A.0636 is hereby amended to read as follows: 

445A.0636 I. Each laboratory that applies for certification pursuant to NAC 445A.0552 to 

('115/\.0fl5'1,) 44JA.067, inclusive, tlnd section 1 of this regu/atio11 shall adopt a quality manual 

and comply with the provisions of that manual. The director of the laboratory shall submit the 

manual to the Division before the Division conducts an inspection of the laboratory. 

--23--

Adopted Regulation R061-04 
2. Each quality manual specified in subsection I must be adopted in accordance with the 

provisions of section 5.5 of the Standards and include, without limitation: 

(a) A statement setting forth the requirements of the laboratory for sensitivity, precision and 

accuracy for each method of testing or analyte for which the laboratory requests certification; 

(b) The policy of the laboratory concerning any unauthorized use of data or fraudulent 

activity that occurs at the laboratory H ; a11d 

(c) The policy of the laboratory concerning the collectio11 of!)·amplesfor tlte purpose of 

deter111ining compliance with the Federal Act. The policy must provide that: 

(I) A pen;on taki11g a sample shall sign a11d date tin attestatio11 i11dicating the validity 

and authentici(v of the sample; and 

(2) Tamperi11g with or intentionally n1islabeling the locatio11, date, time or co/lectio11 of 

a sample may he considered grounds for the denial of a11 application for ce1·tijication or the 

revocation, suspe11sion or lin1itation of certification pursua11t to the provi.~ions of NAC 

445A.0642. 

Sec. 27. NAC 445A.0638 is hereby amended to read as follows: 

445A.0638 1. Unless a laboratory satisfies the provisions of paragraph (c) of subsection 

{4}2 ofNAC 445A.0665, the Division shall conduct an inspection of the premises and operation 

of each certified laboratory or laboratory for which an application for certification is submitted 

pursuant to the provisions ofNAC 445A.0632. An inspection conducted pursuant to this section 

must be conducted in accordance with the provisions of sections 3.4 to 3.7, inclusive, of the 

Standards. If a certified laboratory conducts analyses of (·.vastewater,) water, the laboratory must 

be inspected in accordance with the manual adopted by reference pursuant to the provisions of 

--24--

Adopted Regulation R061-04 
paragrapll (e) of subsection~ 1 ofNAC 445A.0612. A certified laboratory shall analyze a 

quality control sample for each method of testing foodt an analyte for which it is certified: 

(a) At least once every~ 3 months; and 

(b) Each time a new calibration curve is generated. 

2. The Division shall conduct an inspection specified in subsection 1: 

(a) Not less than once every 2 years, if the laboratory is a certified laboratory; or 

(b) If the laboratory submits an application for certification pursuant to the provisions of 

NAC 445A.0632, not more than 30 days after the Division determines that the laboratory has 

complied with the provisions of paragraphs (a), (b) and (c) of subsection 3 of that section. 

3. The Division may conduct an inspection of a laboratory more than once every 2 years 

pursuant to this section if: 

(a) The Division receives a complaint concerning the quality of the laboratory from a 

member of the general public or any public agency; 

(b) The Division has reasonable cause to believe the laboratory is engaging in fraudulent 

activity; 

(c) The Division identifies deficiencies in the operation of the laboratory after conducting an 

inspection of the laboratory pursuant to this section; 

(d) The laboratory notifies the Division pursuant to NAC 445A.0652 of any changes 

specified in that section; or 

(e) Any circumstance specified in section 3.3 of the Standards occurs. 

4. An inspection conducted pursuant to the provisions of this section may include, without 

limitation: 

(a) Requiring the laboratory to conduct an analysis of a proficiency test sample; and 

--25--

Adopted Regulation R061-04 
(b) Photocopying, photographing or videotaping: 

( 1) Any part of the laboratory that is used for analyzing samples of water pursuant to the 

Federal Act; 

(2) Any equipment, activity, environmental sample, records or results of any test relating 

to the analysis of water pursuant to the Federal Act; 

(3) Any data concerning the control of the quality of any analysis conducted by the 

laboratory pursuant to the Federal Act; or 

( 4) Any other information required by the Division to ensure compliance with the 

provisions ofNAC 445A.0552 to (4 '15A.Oe54, inelt:tsive .. J445A.067, inclusil'e, and sectio11l of 

til is regulation. 

5. Except as otherwise provided in this subsection, the Division shall announce each 

inspection conducted pursuant to the provisions of this section. The Division may conduct an 

unannounced inspection of a laboratory if the Division determines that such an inspection is 

required to ensure compliance by the laboratory with the provisions ofNAC 445A.0552 to 

['145A.Oe54, inelt:tt»ive.] 445A.067, inclusive, and section 1 of this regulatio11. In determining 

whether to conduct an unannounced inspection, the Division shall consider: 

(a) The laboratory's record of compliance with the provisions ofNAC 445A.0552 to 

['1 '15A.Oe5'1, inelt:tsive;) 445A.067, i11clusive, a11d section 1 of this regulatio11; 

(b) The results of any proficiency test taken by the laboratory; 

(c) The performance of any analyst or other employee of tp_e laboratory in conducting an 

analysis of an environmental sample pursuant to the provisions ofNAC 445A.0552 to 

[445A.Oe54. inelusive;.I445A.067, inclusive, and section 1 ofthis regulatio11; 

--26--

Adopted Regulation R061-04 
(d) Any complaints concerning the laboratory that the Division has received from members 

of the general public or any public agency; and 

(e) The performance of the laboratory in conducting analyses pursuant to the provisions of 

NAC 445A.0552 to [445A.065'1, inelusive.) 44JA.fJ67, i11clusive, anti section 1 of this 

regulution. 

6. If the Division conducts an inspection of a laboratory pursuant to the provisions of this 

section, the laboratory shall: 

(a) Ensure that any record or other information which relates to compliance by the laboratory 

with the Federal Act or NAC 445A.0552 to (115A.065'1,)445A.067, inclusive, and section 1 of 

til is regulation and which is required by the Division to conduct the inspection is available for 

review, including, without limitation: 

(l) The quality manual adopted pursuant to the provisions ofNAC 445A.0636; 

(2) Any information concerning the methods of testing used by the laboratory; 

(3) Any data concerning the control of the quality of an analysis conducted by the 

laboratory; and 

( 4) Any information concerning any proficiency test taken by the laboratory; and 

(b) Allow the Division to: 

( 1) Examine any records of the laboratory concerning the operation or certification of the 

laboratory that relate to compliance by the laboratory with the Federal Act or NAC 445A.0552 to 

['~ 4 5A.0651, inclusive;) 445A.(J67, inclusive, and section 1 oftllis regulation; 

(2) Observe the operation, facilities and equipment of the laboratory that relate to 

compliance with the Federal Act or NAC 445A.0552 to [4 4 5A.065 'I, ineh:lsive;)445A.fJ67, 

inclusive, and .~ection 1 of this regulation; 

--27--

Adopted Regulation R061-04 
(3) Interview any employee of the laboratory who performs duties relating to compliance 

by the laboratory with the Federal Act or NAC 445A.0552 to (445A.0654~ iAelusive;) 445A.067, 

inclusive, and section 1oft/tis regulation; and 

( 4) Engage in any activity which is necessary and appropriate for determining compliance 

by the laboratory with the Federal Act or NAC 445A.0552 to ('1'15A.065 t) 445A.067, inclusive, 

and section 1oft/tis regult1tion and which is required by the Division. 

7. If the Division conducts an inspection of a laboratory, it shall, within 30 days after it 

conducts the inspection, provide to the laboratory a copy of the report of the inspection. The 

report must include any deficiency the Division discovers during its inspection of the laboratory. 

The laboratory shall prepare a plan to correct the deficiency specified in the report. The plan 

must: 

(a) Be submitted to the Division not more than 30 days after the laboratory receives the report 

from the Division; 

(b) Be submitted on a form approved by the Division; and 

(c) Include, without limitation: 

( 1) The signature of the person who prepared the plan; and 

(2) The proposed date by which the laboratory will correct the deficiency. 

8. If, after reviewing the plan submitted pursuant to subsection 7, the Division determines 

that the plan is insufficient to correct the deficiency, the Division shall notify the laboratory of 

that fact in writing. Upon receipt of the written notice, the laboratory shall, not more than 30 

days after receiving the notice, submit a revised plan to the Division. If, after reviewing the 

revised plan, the Division determines that the revised plan is insufficient to correct the 

deficiency, or if the Division conducts an inspection of the laboratory and determines that the 

--28--

Adopted Regulation R061-04 
deficiency has not been corrected, the Division shall deny the laboratory's application for 

certification or revoke its certification. 

Sec. 28. NAC 445A.0642 is hereby amended to read as follows: 

445A.0642 I. The Division may deny an application for certification of a laboratory or 

revoke, suspend or limit the certification of a certified laboratory if the laboratory: 

(a) Makes a false statement in: 

(I) An application for certification; 

(2) A report concerning the analysis of an environmental sample; or 

(3) Any other document relating to certification in violation of the provisions ofNAC 

445A.0552 to ('145A.Oe54, inc1Hsive;J445A.067, inclusive, t1nd section 1 of this regulation; 

(b) Falsifies any results of laboratory testing or misrepresents any information obtained from 

laboratory testing in violation of the provisions ofNAC 445A.0626 or 445A.0654; 

(c) Fails to maintain the facilities or equipment of the laboratory in accordance with the 

quality manual or quality system of the laboratory; 

(d) Fails to participate satisfactorily in a proficiency testing program, if the program is 

available, in violation of the provisions ofNAC 445A.0634; 

(e) Falsely claims certification for a method of testing or an analyte for which the laboratory 

is not certified in violation of the provisions ofNAC 445A.0654; 

(f) Fails to prepare a plan of correction or to correct any deficiency specified by the Division 

within the period specified in the plan in violation of the provisions ofNAC 445A.0638; 

(g) Fails to pay any fees or expenses of the Division in violation of the provisions ofNAC 

445A.066; 

(h) Fails to notify the Division of any changes specified in NAC 445A.0652; 

--29--

Adopted Regulation R061-04 
(i) Authorizes a person who is not qualified to perform an analysis in violation of the 

provisions ofNAC 445A.0626; 

G) Communicates with or receives a communication concerning the results of a proficiency 

test sample from a laboratory on or before the date established for submitting the results of that 

sample to the provider of the sample pursuant to the provisions ofNAC 445A.0634; 

(k) Knowingly receives a proficiency test sample from a laboratory or provides a proficiency 

test sample to a laborato,ry on or before the date specified in paragraph G); 

(I) Prohibits an employee of the Division from conducting an inspection of the laboratory in 

violation of the provisions ofNAC 445A.0638; 

(m) Fails to provide to the Division any information required by the Division to determine 

whether a laboratory is operated in compliance with the provisions ofNAC 445A.0552 to 

('I'I5A.Oa5'1, iAeh:Jsive;) 445A.067, inclusive, a11tl.~ection 1 ofthis regult~tion; 

(n) Misrepresents any material fact to obtain or maintain certification pursuant to the 

provisions ofNAC 445A.0552 to ['145A. Oe5'1, iAclusi·ve; or) 445A.(J67, inclusive, anti section J· 

of this regulatio11; 

( o) Engages in any activity that is a ground for the denial of an application for certification or 

for the suspension or revocation of the certification of a laboratory set forth in [sections] section 

4.1.4(d) or 4.4 of the Standards f:f; or 

(p) Knowingly employs, directly or indirectly, a perso11 who Ita.~ t'iolated a provision of 

NRS 445A.300 to 445A. 730, inclusive, or NAC 445A.fJ552 to 445A.067, inclu.sive, tlltd section 

1 of this regulation. 

2. In determining whether to deny an application for certification or to revoke, suspend or 

limit the certification of a laboratory pursuant to this section, the Division shall consider: 

--30--

Adopted Regulation R061-04 
(a) The gravity of the violation; 

(b) The harm to the health and safety of the members of the general public; 

(c) The intent of the person who committed the violation; 

(d) The extent of the violation; and 

(e) Any proposed correction of the violation. 

3. As used in this section, "quality system" has the meaning ascribed to it in Appendix fBt 

A of chapter W 1 of the Standards. 

Sec. 29. NAC 445A.0646 is hereby amended to read as follows: 

445A.0646 1. The Division may renew the certificate of a certified laboratory if: 

(a) The laboratory pays the applicable fee to renew the certificate; 

(b) The laboratory submits a statement on a form approved by the Division indicating that it 

is in compliance with the provisions ofNAC 445A.0552 to ('145l\.065'L) 445A.067, inclusive, 

tlnd .~ection 1 of this regulation concerning each category of testing, method of testing and 

analyte for which it is certified; 

(c) The laboratory submits a report to the Division indicating that it has received satisfactory 

proficiency test results for each category of testing and analyte for which it is certified; and 

(d) The Division determines that the laboratory is in compliance with the provisions ofNAC 

445A.0552 to [4'15A.Oe5'1, inelusive.] 445A.fJ67, inclusive, and section 1 of this regulation. 

2. A certificate issued to a laboratory pursuant to the provisions ofNAC 445A.0552 to 

[415A.065'1,] 445A.fJ67, inclusive, and section 1 of this regu/atio11 expires on (June 30) Ju{v 31 

of each year. If the certificate of a certified laboratory expires, the laboratory may apply for 

certification in the manner prescribed in NAC 445A.0632. 

--31--

Adopted Regulation R061-04 
3. [l'Jot later than June 1 of eaeh year, the) The Division shall fmatij ntake available to each 

certified laboratory a notice for the renewal of the certificate and a form to provide a statement of 

compliance specified in paragraph (b) of subsection 1. 

4. Each certified laboratory shall maintain any record specified in section 4.3.3 of the 

Standards in accordance with the provisions of that section. 

Sec. 30. NAC 445A.0648 is hereby amended to read as follows: 

445A.0648 I. The director of the laboratory shall display the certificate issued by the 

Division in a conspicuous place in the laboratory to which the members of the general public 

have access. 

2. The certificate is the property of the Division and must be surrendered to the Division if: 

(a) The Division revokes the certificate; 

(b) The laboratory for which the certificate is issued ceases to conduct analyses of water for 

which a certificate is required; or 

(c) The Division ceases to be an accrediting authority approved by the Environmental 

Protection Agency. As used in this paragraph, "accrediting authority" has the meaning ascribed 

to it in Appendix fBt A of chapter ~ 1 of the Standards. 

3. In addition to issuing a certificate to each certified laboratory, the Division shall provide 

to each certified laboratory a document which indicates each category of testing faA4I- lln analyte 

for which the laboratory is certified. If, after the Division provides the document to the 

laboratory, the Division certifies the laboratory for an additional analyte or the Division revokes, 

suspends or limits the certification of the laboratory for a category of testing or analyte, the 

Division shall revise the document to include the additional analyte for which the laboratory is 

--32--

Adopted Regulation R061-04 
certified or the category of testing or analyte that is revoked, suspended or limited by the 

Division. 

Sec. 31. NAC 445A.0654 is hereby amended to read as follows: 

445A.0654 I. A certified laboratory shall ensure that each analysis it performs complies 

with the provisions of Appendix D of chapter 5 of the Standards. 

2. A certified laboratory shall maintain any document or other information required by the 

provisions of section 4.3 .3 of the Standards in accordance with the provisions of that section. 

3. If a certified laboratory prepares a report of any test conducted pursuant to the provisions 

of this section, the report must be prepared in accordance with the provisions of section 5.13 of 

the Standards. 

4. If a certified laboratory is not certified to conduct a test in a category of testing or to use a 

method of testing or test for an analyte pursuant to the provisions ofNAC 445A.0552 to 

('1'15A.Oa54~J445A.067, inclusive, a11d sectio11 I of this regulation the director of the laboratory 

may contract with a certified laboratory to perform that test if: 

(a) Before entering into the contract, the director notifies in writing the person for whom the 

test will be conducted of his intent to enter into the contract; and 

(b) The laboratory complies with the requirements specified in section 5.14 of the Standards. 

5. If a certified laboratory contracts with another certified laboratory pursuant to the 

provisions of this section, the director of the certified laboratory shall ensure that the certified 

laboratory that will conduct the test is certified pursuant to the provisions ofNAC 445A.0552 to 

14'15A.065'1~ iAeh:Isive.J445A.067, inclusive, and section 1 ofthis regulatio11. If the certified 

laboratory that offered the contract maintains any record of the contract or of any test conducted 

pursuant to the contract, it shall include in that record: 

--33--

Adopted Regulation R061-04 
(a) Any report submitted by the certified laboratory that conducted the test concerning the 

results of the test; and 

(b) The certification number of the certified laboratory that conducted the test. 

6. If the certified laboratory that offered the contract prepares a report concerning the results 

of any test conducted pursuant to the contract, it shall specify in the report that the results of that 

test were obtained by contract pursuant to the provisions of this section. 

Sec. 32. NAC 445A.066 is hereby amended to read as follows: 

445A.066 1. fAt Except as otherwise provided in subsectio11 2, tl laboratory must submit 

In one tirne, flOHreft:me:lable) an an11ua/ fee of f$400) $500 with each application for certification 

. f, iHclue:liHg, without limitation. any application for sertifieatioR for additioRal aRalytes.] 

2. A laboratory which o11/y performs analysis for microbiology is 1101 required to pay the 

fee provided pursuant to.-;ubsection 1. 

3. /11 addition to tile fee required pursuant to the provisio11s of subsections 1 and 4, a 

laboratory must submit an annual certification fee for each category of contaminant for which 

certification is requested. The categories of contaminants and annual fees are: 

ANNUAL 

CATEGORY OF CONTAMINANT FEE 

[Traee ~4etals ................................................................................................................. $500 

~4iHerals ........................................................................................................................... 500 

"J)Jl:ltrieHts .......................................................................................................................... 250 

Demands .......................................................................................................................... 250 

--34--

Adopted Regulation R061-04 
ANNUAL 

CATEGORY OF CONTAMINANT FEE 

Polyeklorinated bipf:tenols (\1/ater) .................................................................................. 250 

PolyehloriAated bipheAols (Oil) ...................................................................................... 250 

(>estieides ......................................................................................................................... 500 

'lolatile Haloeurbons ....................................................................................................... 25(} 

Volatile i\romaties .......................................................................................................... 250 

Total C)·anide .................................................................................................................. 125 

~JoRfilterable Residue ...................................................................................................... 125 

Oi I a Ad Grease ................................................................................................................. 125 

Total Phenolies ................................................................................................................ 125 

Total Residual CkloriAe .................................................................................................. 125 

Mierobiologieal ............................................................................................................... 350 

RadioeheA1ieul ................................................................................................................. 500 

Otl:aerJ 

AsbesttJs •.•.•.........•.•.•••.•.••....................•.............................•.........•..............•••••••.•...•....... $401J 

Cj'anide ........................................................................................................................... 250 

Dent a 1td ..s ......................................................................................................................... 3 5 f) 

Dioxin ............................................................................................................................... 545 

Herbicides ....................................................................................................................... 54 5 

MicrobitJ/tJg)' .....•..•••.•••....•.....•.....••..................•........................••...............•••••••....•..•....... 41JIJ 

Mine1·a/s .......................................................................................................................... 40() 

--35--

Adopted Regulation R061-04 
ANNUAL 

CATEGORY OF CONTAMINANT FEE 

Nut1·ie11t .. f ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 250 

Oil tlltd gretJ,-;e ••••••••••••••••.••••••••••••••..•.••....•....•.........•..•••..••••••••••••.••••....•..............••••••••••••• 250 

Perc/1 llJrate •••••••••••••••••••••••••••••••••••••••••••••• ~ ••••••• · •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 25 0 

Pesticides •.•••••••••••••••••.••...••....•...••••••••••••.••••••••••••••..•••.....•••••••••••••••.•••••••••.•••.•.•.•.•...••••.•••• 545 

Ph enol ic,~ ••••••••••••••••••••••••.••.••••......•.••••••••••.•••••••••........................••••••••••••.••.•.•••••.••...•••....• 2 50 

PolyarlJntatic llydrlJL·arhlJIIS .•••.••••••••••••••.••.••.•••••••..•••••••••••••••••••••••••••••••••.......••••.••••••••••• 545 

PoiJ'CitllJriltated hiplleiiJ'Is in lJil •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 545 

Po/ychllJrilltlfed biphenJ'/s i11 waste•vater ••••••.••••••••.•••.............•.•.•.•..•••••••••••••••••••.••••....• 545 

Radiochen1istry ..•.••..............••••.••.•••......•..••...•••••••••••••••••••••••••••••.••••••••••••••••••••••••••••••.....• 545 

Re,Yidua/ £.'hlorine •.•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 125 

Resitl11e ••••••••••.•••••••••.•••••••••••••••••••••.••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 350 

SemivlJiatile organic chemistry ••••••••••••••••...•.•••••••••••••••••••••••••...••••••••••••••••••.•.•••••••.•••••... 545 

Synthetic Organic Con1pounds Group I (include.~ sen1ivo/ati/e organic 

chemi~·try, pesticides, herbicides and polyaromatic hydrocarbons) ••..•...•.....•.••••• 1,500 

Toxicity hiottssay •.••.••••••••••.•.....•.•.•.•.•..••.•••.....•••.•...•••.•••••...•••••......•••••••••.••••••••..•••••••••••••. 4fJfJ 

Trace metttls •••.....••.•••....................•.••..••.•...••••••••••••.•••••••.••••••••••••......•••....•.••••••••••••••.•••••• 54 5 

Volatile OI~Uili£:• chen1istry •.••••••••.........•.•........•..•...•..••••••••••••••...................•••••••••••••••••••• 545 

Any other individual contaminant [as defiRed 13~· tA:e URited States 

enviroRmefltal ProteetioR AgeR6)' ............................................................................ 125] 

••••••••.••••.•••••.••••••••••••••••••••••.....................••.•....•....••.............•....•................•.•••..••••••.•••••...•• 200 

--36--

Adopted Regulation R06l-04 
ANNUAL 

CATEGORY OF CONTAMINANT FEE 

Any otller illdividuallnu/ticontamillant 111etllod ........................................................... 401) 

f.- The aAAl:la) eertifieatioA fee to perform tmdeit)' bioassays is $125. 

3. The feel 

4. In addition to tile fees required pursua11t to tile provisions of subsections 1 and 3, if a 

laboratory applie.~·for certification for a contamina11t in more than two of tile approl'ed 

nzetllods l~{ testing for til at contamiltaltt, tlte laboratory 111u.st .submit a fee of $20() for each 

atltlitional approved method of testing. 

5. If a ltlboratory tlpplies for certification for additional contaminants (req~:~ested by tl 

laboratory d~:~ring) ttj~er the laboratory Juts hee11 issued a certification for an annual period of 

certification [is $4 OO.J , tile fee for certification for eacll additional co11taminant i.s tile fee 

proJ•ided for that co11taminant pursuant to the provisions of subsection 3. The fee must be 

prorated pursuant to subsection f4t 6 if the provisions of that subsection otherwise apply. If the 

Division conducts an evaluation for certification at the laboratory, the laboratory must pay, at the 

rate provided for state officers and employees generally, the actual travel and per diem expenses 

of the Division. If the laboratory is located outside of this State, the expenses must be paid 

pursuant to the provisions of subsection ~ 7. 

-f+.t 6. The fees are effective for 12 months beginning on ~August 1 of each year. If an 

application for certification to test for an analyte is submitted during that period, the fees for that 

certification must be prorated using the following formula: 

--37--

Adopted Regulation R061-04 
Fee X .083 X the number of months remaining in the [fiseal year.] period of certification. 

For the purpose of prorating fees, an application for certification to test for an analyte shall be 

deemed to have been submitted at the beginning of a month regardless of the date of the 

application. The prorated fee must be rounded to the next highest dollar. The fee [f.br s~::~amittiRg 

aA a~~lieation for eertifieatioB to test for aA aBalyte) provided pursuant to tlte provi.dons of 

subsection 1 must not be prorated. 

~ 7. If an evaluation for certification of a laboratory that is located outside of this State is 

conducted, the laboratory must pay the actual travel and per diem expenses of the employee of 

the Division who conducts the evaluation. 

f6;t 8. The fee for certification to test for a specific analyte must be paid before a certificate 

for that analyte may be issued. 

-[+.t 9. Any fee paid pursuant to the provisions of this section is nonrefundable. 

Sec. 33. NAC 445A.0665 is hereby amended to read as follows: 

445A.0665 The Division shall accept data relating to the analysis of contaminants regulated 

pursuant to NRS 445A.300 to 445A. 730, inclusive, that are submitted from a laboratory located 

outside of this State if: 

I. The laboratory has otherwise complied with the requirements set forth in NAC 

445A.0552 to 445A.0665, inclusive; 

2. The (laaoratory) : 

(a) Laboratory is certified by ~ 

--38--

Adopted Regulation R061-04 
(a) The sta~e ·,yhere it is loeated or. if ~he state 'Nhere the laboratory is located does not ha't'e a 

program for certifying lal:wratories for the analysis of 'Nater, B)' any other state '.vhiel=t provides 

those certifications: or 

(b) The) tile United States Environmental Protection Agency; 

[3. The] 

(b) Division determines that the state where the laboratory is located: 

{fatt ( 1) Has adopted a program for certifying laboratories for the analysis of water that is 

equivalent to the program for certifying those laboratories adopted by (this State; and 

f&tt tile Division: and 

(2) Accepts the results of evaluations conducted pursuant to the program adopted by fthl-s 

4. The laboratory: 

(a)) tile Division: or 

(c) Lllboratory: 

(I) Is located in a state that has established an agreement with this State concerning 

certification of laboratories by reciprocity; or 

ft9tt (2) Is certified pursuant to the National Environmental Laboratory Accreditation 

Program; and 

~ 3. The laboratory submits to the Division a copy of an acceptable report relating to the 

most recent evaluation conducted at the laboratory by: 

(a) The state where the laboratory is certified; 

(b) An independent organization that is approved by the Division to certify laboratories for 

the analysis of water; or 

--39--

Adopted Regulation R061-04 
(c) The United States Environmental Protection Agency. 

"-The evaluation to which the report relates must be conducted within the 2 years immediately 

preceding the date of the application of the laboratory for certification. 

Sec. 34. NAC 445A.067 is hereby amended to read as follows: 

445A.067 If any publication adopted by reference pursuant to the provisions ofNAC 

445A.0552 to [445A.Oe5'1,] 445A.067, inclusive, t1nd section .l l~(this regulatio11 is revised, the 

Commission may review the revision to determine its suitability for this State. If the Commission 

determines that the revision is not suitable for this State, it will hold a public hearing to review 

its determination and give notice of that hearing within 6 months after the date of the publication 

of the revision. If, after the hearing, the Commission does not revise its determination, the 

Commission will give notice that the revision is not suitable for this State within 30 days after 

the hearing. If the Commission does not give such notice, the revision becomes part of the 

publication adopted by reference pursuant to the provisions ofNAC 445A.0552 to ('1'15A.Oe5'1, 

inclusive.] 445A.067, inclusive, and .sectio11 .I oft/tis regulution. 

Sec. 35. Chapter 459 ofNAC is hereby amended by adding thereto the provisions set forth 

as sections 36 to 80, inclusive, of this regulation. 

Sec. 36. As used ill sections 36 to 80, inclu.dve, ofthi.~ regulation, Ultles.s the context 

otherwise requires, the words a11d terms deji11ed in sections 37 to 57, incllu·ive, of this 

regulation have the 1neanings a.scrihed to them ilt those sections. 

Sec. 37. "Accuracy" has tl1e 1neaning a.scrihed to it in Appendix A of chapter 1 of the 

Stalldards. 

Sec. 38. "Ana{vst" means a chemist, microbiologist, physicist or technicia11 who: 

--40--

Adopted Regulation R061-04 
1. ls qualified to conduct analy.ses of waste santple.s pursuant to tile provisions of tlze 

manual spec(fied in paragraph (e) ofsubsectioll I of section 61} oftlli.s regulation; a11tl 

2. Pelfornts those te.'it.s or as.dst.s in performing those test.~ with other qualified e1nployees 

of a certified laboratory. 

Sec. 39. "Analyte" means any cotnpountl, ele111ent, radical, isotope, contantinant 

organism, species or other substance for which a waste sample i~· tested by a laboratory. 

Sec. 40. "Approved method of testing'' nzeans a laboratory procedure specified in 

subsection 4 ofsection 64 oftlzis regulation that is approved by the Environmental Protection 

Agency or the Division to test 11 Wtlste santple. 

Sec. 41. "Certified laboratory'' nzeans a laboratory for which a certificate to conduct 

analyses of waste santples is issued pursuant to the provisions ofsection.\' 36 to 80, inclusive, 

of this regulation. 

Sec. 42. "Contmission" means the State Environme11tal Com111ission. 

Sec. 43. ''Director'' nteuns: 

1. A person who is qualified to administer any tee/utica/ or scientific operation of a 

certified laboratory and supervi.se the procedures for the testi11g and reporting of the results of 

te.st.s pursut1nt to the provisions of the Standards; or 

2. A che1nist, nticrobio/ogi.\·t or physicist wllo is qualijietl to engage in tin activity specified 

in .subsection 1 pursuant to the provisions of the nzanual.~pecijied in paragraph (e) of 

sub.section I of section 61} t~f this regu/atio11. 

Sec. 44. ''Division" means the Division t~f Environmental Protection of the State 

Depart11zent of Conservation and Natural Resources. 

--41--

Adopted Regulation R061-04 
Sec. 45. "Federal Act" mea11.~ the Re:iotlrce Conservation and Recovery Act of 1976, 42 

U.S. C.§§ 6901 et seq. 

Sec. 46. "National Environmental Laborutory Accreditation Conference" has tile 

nreuning ascribed to it i11 Appendix A of chapter 1 of tile Standards. 

Sec. 47. "Natiolltll Etn'ironntental Laboratory Accreditation Progrant" lias the tneaning 

ascribed to it ;, Appendix A of chapter 1 of the Standard~. 

Sec. 48. "Perfornrance-bused nreasurenrent syste111" lta.'i tile 1neaning ascribed to it in 

Appendix A of chapter 1 of the Statulard!i. 

Sec. 49. ~'Precision'' luz.'i the nteaning ascribed to it in Appendix A of chapter 1 of tile 

Standards. 

Sec. 50. "Proficiency test sanrple'' luzs the meaning ascribed to it in Appendb< A of 

chapter 1 of tile Standards. 

Sec. 51. ''Proficiency testing progrant" lla.'i tile nteaning ascribed to it in Appendix A of 

chapter 1 of the Standard.~. 

Sec. 52. "Quality co11trol satnple" means a11 uncontaminated Wtlste Stlntple til at is spiked 

with a known ana(vte and provided to a laboratory for analysis to detentzine tile perfonnance 

of the laboratory in testing for the presence oftlutt analyte by u.dng a ... pecijied method of 

testi11g for tile atuzlyte. 

Sec. 53. "Quality manual" has the meani11g a.~cribed to it in Appendit A of chapter 1 of 

the Standards. 

Sec. 54. ''Sensitivity" has the meaning ascribed to it in Appendix A of chapter 1 of tile 

Sta1ulards. 

--42--

Adopted Regulation R061-04 
Sec. 55. '(Spike" II a.~ tile Jlleaning ascribed to it in Appendix A of chapter 1 of the 

Standards. 

Sec. 56. "Sta1tdards" mea11s the Standards of the National Environmental Laboratory 

Accreditation Conference adopted by reference pursuant to the provb.·ions of section 58 of this 

regulation. 

Sec. 57. "Wllste sanzple'' 111et1ns a Sllntple of any substance obtained from any natural 

source or any other source to identify whether wa.Yte is hazardous wa.~te or to detect the 

presence of huzardous waste or tl reguluted substt1nce in .\·oil or water. 

Sec. 58. The Comnzb;sion hereby adopts by reference tile National Environmental 

Laboratory Accreditation Co11ference-Constitution, Bvlaws, and Standard.~, EPA 6fJ(J/R981151, in the form most recently published by the Environ1nentul Protectio11 Agency, unless 

the Com1nis.~ion gives notice pursuant to the provisions of section 81) of this regulation that the 

nzost recent publication is 11ot suitable for tillY State. The publication is available, free of 

churge,from the Environntentul Protection Agency, Office of Re.~earch a1ul De••elopment, 401 

M Street, SW, JVashington, DC 20460, or from the E1n•ironntental Protection Agency at tlte 

Internet addre . ..-s <llttp:llwww.epa.gov/nerlesd11/and-sci/nelac/index.html>. 

Sec. 59. The Contmission hereby tulopt.~ by reference Method J6(J(J-Membrane Filter Test 

Method for Enterococci in J¥ater, klay 1997, EPA-821-R-97-004, in the form ntost recently 

published, unle.~s the Contmission gi••es notice pursuant to the provi ..-iolls of section 81) t~fthis 

regulation that the ntost recent publication is not suitable for this State. The publication i.Y 

available, free of charge, by nzailfrom the Environ1nentul Protectio11 Agency, National Center 

for Environmental Publication.~ and Ill/ormation, P.O. Box 42419, Cincinnati, Ohio 45242-

0419, or by telephone ut 800.490.9198. 

--43--

Adopted Regulation R061-04 
Sec. 60. 1. Tile Commis.do11 hereby adopts by referellce thefollowillg publicatitJIU in 

the forms nto.~t recently published, unless the Comn1is.don gives notice pur.~uant to tile 

provi.dons ofsectioll 8fJ oft/lis regulation that the tnost recent publication is not suitable for 

this State. Tile publication.~ are available, unle.vs otherwise provided in thi.v section, by mail 

from the National Technica/lnfonnation Service, 5285 Port Royal Road, Springfield, Virgi11ia 

22161, or by telephone at 8()().553.6847. The publications may also be obtainedfrolll the 

National Techllicallnfonllatioll Service at the Internet address 

<http://www.ntis.gov/ordering.htm>. The publications are: 

(a) Consensus Method for Determining Groutulwaters Under the Direct lllfluence of 

Surface Water Using Microscopic Particulate Analv.vis (MPA), EPA/910/9-92/()29, Order 

Nu111ber PB93-180818,for the price of$37. 

(b) DBPIICR Analvtical Methods Manual. EPA/814/B-96/002, Order Number PB96-

157516,for the price of$52. 

(c) ICR Microbial Laboratorv Manual, EPA/6fJO/R-951178, Order Number PB96-157557, 

for the price of$ 74. 

(d) ICR San1pling Ma11ual. Apri/1996, EPA/814/B-961001, Order Nun1ber PB96-157508, 

for the price of $52. 

(e) Manual for the Certificution of Laboratories Analyzing Drinking Water: Criteria and 

Procedures. Qualitv A.vsurance, 4th edition, EPA/815/B-971001, Order Number PB97-17149f), 

for the price of $51. 

(f) Metllotll 00.2: Detennination of Asbestos Structures over 10 Micrometers in Length in 

Drinking Water, June 1994, EPA/6(JfJIR-94/134, Order Number PB94-2019fJ2,for the price of 

$33.50. 

--44--

Adopted Regulation R061-04 
(g) Method 1613: Tetra-Through Octtt-CIIIorillated Dioxins and Furan.v bl' Isotope 

Dilutio11 HRGCIHRMS, Re•'ision B, October 1994. EPA/821/B-941005, Order Nuntber PB95-

104774,for the price of$39.50. 

(h) Method 1664. Revision A: N-Hexane Extractable Material (HEM; Oil and Grease) and 

Silica Gel Treated N-Hexane Extrttctable JJ,-faterial (SGT-HEi~f; Non-Polar ~lateria/) bv 

Extraction and Gravin1etrv. February 1999, EPA/821/R-98/002, OrderNtunber PB99-121949, 

for tile price of$33.50. Tile publication is also available, free of charge, from tile 

Environmental Protection AgenLJ' at the Internet tultlress 

<llttp:llwww.epa.goJvost/methods/1664tlJ51.html>. 

(i) Metllodv for the Detenninatio11 of Inorganic Substance.v in Environmental Samples, 

August 1993, EP.;t/600/R-93/J(JfJ, Order Number PB94-12082.1,for the price of$52. 

(j) Methods for the Determination o{Metals in Environmental Samples. EPA/6(J(J/4-

91/fJ1fJ, Order Nu111her PB91-231498,for tlte price of$81. 

(k) Methods (or the Determination of Metals in Environmental Sa1nple.s, Supple1nent /, 

EPA/600/R-9411 11, Order Number PB95-125472,.for the price o.f$74. 

(I) ltletluuls for the Deten11inatio11 o(Nonconventitnral Pesticides in Municipal and 

Industrial JVastewater. Volume I. Revi.vion 1, Augu.st 1993, EPA/821/R-93/010A, Order 

Number PB94-121654,for the price of$152.50. 

(m) Methods for the Deter11tinatio11 of Organic Compounds in Drinking Water. 

Supplement/. EPA/6fJ0/4-9fJ/020, Order Number PB91-146027,for the price o.f$68.50. 

(n) Il-fethods (or tile Determilration of Organic Compounds in Drinking H'ater, Supplement 

l, EPA/600/R-9211 29, Order Number PB92-2fJ77fJ3,for the price of $74. 

--45--

Adopted Regulation R061-04 
(o) Methods for the Determination of Organic Compounds ill Drinking Water, Supplement 

J., EPA/600/R-951131, Order Nunzber PB95-261616,for the price of$117. 

(p) Methods (or Measuring the Acute Toxicity o(Eflluents und Receil•ing Waters to 

Fre.shwater and Marilze Organisms, 4th edition, EPA/6f}{J/4-90/fJ27F, Order Nunzber PB94-

114733,for the price of$81. 

(q) Short-Term Methods for Estinzating the Chronic Toxicitl' o(Eflluents and Receiving 

Wate1· to Fresllwuter Organisms, 3rd edition, EPA/6f}(J/4-91/002, Order Number PB96-

141452,for the price of$86.50. 

(r) Short-Term ~lethods for Estimating the Chronic Toxicity o(Effluents und Receiving 

JVater to Marine and Estuarine Organi,sms, 2nd edition, EPA/6fJ(J/4-91/fJfJ3, Order Nunzber 

PB96-141445,for the price of$111.50. 

(.\') Tech11ica/ Notes on Drinking Water Methods. EPA/6(J(J/R-94/173, Order Number 

PB95-1fJ4766,for the price of$37. 

(t) Test Methods (or "Escherichia Coli" in Drinking Water: EC A-tedium with Mug Tube 

Procedure, Nutrient Agar with Mug1Jfembrane Filter Procedure, EPA/60014-911016, Order 

Number PB91-234591, for the price of $17.5(}. 

(u) USEPA Contract Laboratory Prog1·am: Statement o(JVork ftJI' Organics Analysis: 

Multi-Media, Multi-Concentration, OLMO.J.O (Includes Ret,isions OLMO.J..l through 

OLM0/.8), EPA/54fJ/R-94/fJ78, Order Nunzber PB95-9635fJ8,for the price of$1(J(J. The 

publication is a/,so available, free of charge, from the Environmental Protection Agency at the 

Internet address <http://www.epa.gov/super(untVprogram.\'/clp/orgunic.htnz>. 

(v) USEPA Contract Laboratory Program: Statement of Work ftJr Inorganics Analv.~is: 

Multi-Media, Mu/ti-Concentrution.IL'A-/02.1. EPA/540/R-94/1)95, Order Number PB95-

--46--

Adopted Regulation R061-04 
963514,for the price of $81. Tile publication is also avtlilahle,free of charge, from the 

Environmental Protection Agency at the Internet address 

<http:l/www.epa.gow'.~uperfitndlprogra111slc/p/inorg.ht111>. 

2. The Conzmission hereby adopts by reference the following publications in the fon~ts 

most recently published, unless the Comn1issio11 gives notice pursuant to the provisions of 

section 80 of this regulation that the mo~·t recent publication is not suitable for this State. The 

publication.~ are a1•ailahle by ntail from the National Technical Information Sen·ice, 5285 Port 

Royal Road, Springfield, Virginia 22161, or by telephone tlt 800.553.6847. The publications 

are: 

(a) Interim Radiochemical Methodologv {or Drinkiltg JVater, EPA/6f)(J/4-75-f}(J8, Order 

Nunzber PB253258,for the price of$37. 

(h) Method JOfJ.l: Anah•tical Methot/ for Deten11ination ofA.-.bestos Fibers in JVater, 

September 1983, EPA/60fJ/4-83-fJ43, Order Nu1nber PB83-26047l,for the price of$78.5(). 

(c) Methods for the Chemical Analrsis ofJVater and Wa.-.tes, EPA/6fJ{J/4-79-020, Order 

Number PB84-128677,fo1· the price of$1.17. 

(d) Methods for the Deternzination of Organic Compounds in Drinking Water, Re1•ised 

July 1991, EPA/600/4-88/IJ39, Order Number PB91-23148fJ,for the price of$89.50. 

(e) Prescribed Procedures (or ~leasurentent ofRtulioactivity in Drinking Water, 

EPA/60fJ/4-8fJ-032, Order Nuntber PB80-224744,for the price of$47.50. 

Sec. 61. The Conzmission hereby tulopts by reference Test Methods for Evaluating Solid 

Waste. Phvsical/Chenzical Methods, SW-846, 3rd edition, anti Updates/, /1, /I.A. JIB and Ill, 

Publication Number 955-f)(JJ-f}(}(Jf}{J-1, in the form nuJst recently published, unless the 

Comnzission gives· notice pur.5uant to the provi.~ions ofsectioll 80 of this regulation that the 

--47--

Adopted Regulation R061-04 
11UJst rece11t publiclltion is 110t suitable for tlli.-; State. Tile publication is available by mail from 

the Superinte11tle11t of Docu111ents, U11itetl States Goven1111ent Pri11ting Office, P.O. Box 

371954, Pitt ... ·burgh, Penn.~ylvania 15250-7954, or by telephone at 202.512.18/JO,for the price 

of $36 7. The publication i.'t al.'to available, free of charge, from the Environ1nental Protection 

Agency at the Internet address <http://www.epa.gov/epaoswer/hazwasteltestlmain.htnt>. 

Sec. 62. The following publications are hereby adopted by the Commission in the fornts 

nuN;t recently pub/i.\·hed, unless the Environme11tal Protection Agency fails to publish notice of 

its approl'al of the publication in the Fetleral Register or the Commission gil'es 11otice 

pursuant to the provisioll.-t of section 80 of this regulation that the n1ost recent publication is 

not suitable for thi.'t State: 

1. Annual Book o(ASTM Standards, Section 5, "Petroleum Products, Lubricants, anti 

Fossil Fuels," which is available by ntail from the American Society for Te!;ting and 

Materials, 11JIJ Barr Harbor Drive, JVe.'tt Co11shohocken, Pennsyb'ania 19428-2959, by 

telephone tlt 61tJ. 832.9585 or at the Internet uddress <http://www.a.vtm.org>,for tile price of 

$999. 

2. An11ual Book o(ASTM Standard~. Sectio11 II, "JJ7ater and Environmental 

Tech11ology," which i.'t uvailah/e by 111ail from the American Society for Testing a1ul Materials, 

100 Barr Harbor Drive, JVest Conshohocken, Pennsylvunia 19428-2959, by telephone at 

61(1.832.9585 or at the lntentet address <http://www.astln.org>,for the price of$9{)6. 

3. ISO/IEC Guide 25. General Requirentents for the Competence of Calibration and 

Testing Labortttories. 1990, which is available by mail from Global E11gineering Documents, 

15/nverness Wll)' Ea.st, Englewood, Co/orudo 8fJ112-5776, by telephone at 8()0.854. 7179 or tlt 

the Internet address <http://www.glohal.ihs.com>,fiJI• the price of$35. 

--48--

Adopted Regulation R061-04 
4. Standard Methods (or the Exuntination of Water t1nd Wa.•;tewater, Order Nuntber 

10079, available by ntailfrom the American JVater Works A.\·sociation, Customer Service, 

6666 West Quincy Avenue, DeJtver, Colorado 81)235, by telephone at 81)1).926. 7337 or at the 

Internet addre.fis <llttp:llwww.awwa.org/hookstore/Productlist.c(m>, for the price of $155 for 

members and $200 for Jtonmelltbers. 

Sec. 63. 1. The provi.vion.\' of sections 36 to 80, inclusil'e, of this regulation 1n11st Jtot be 

interpreted to circuntvent any of those prtn'isions to tnake tlle1n les.\' effective. If more than one 

interpretation exists for any oftltose provisions, the more restrictil'e interpretation applies. 

2. If any p11blication adopted by reference pursuant to tile prol'i.ttions ojsectio11s 58 to 62, 

inclusive, of this regulation conflict.\' with a11y prol'ision ofsections 36 to 81), inclusive, t~{this 

regulation or with the Standards, tile provision set forth in ,-,ections 36 to 80, inclusive, of this 

regulation or the Standards applies. 

Sec. 64. /. A laboratory may obtain certification pursuant to the pro••isions ofsections 

3 6 to 80, inclusive, of this regulation to perfornt alta lyses for the purposes t~{ NRS 459.400 to 

459.600, inclusive, 459.610 to 459.658, i11clusive, atu/459.800 to 459.856, inclusive, to identify 

whether waste is hazardous wa.fite or to detect the presence of hazardous waste or a regulated 

substance in .'toil or water. 

2. The scientific tliscipli11e.tt for which tllahoratory may obtain cert{fication are: 

(a) Chemi.fitry; 

(b) Microbiology; a11d 

(c) Radiochemistry. 

--49--

Adopted Regulation R061-04 
-' 

3. A lt~boratory 111ay obtain certification pursua11t to the provi.dons of sections 36 to 81), 

inc/ usive, of til is regulation for any program relating to tile analysis of a waste sample 

approved by the Environmental Protection Agency pur.ttuant to tile Federal Act. 

4. Except as otherwise provided in subsection 5, tile approl'ed method.~ of testing for 

which ttlaboratory may obtain cert{fication are set forth i11: 

(tt) Title 40 C.F.R. § 136.3 and Appendices A, C and D to 40 C.F.R. Part 136; 

(b) Title 4fJ C.F.R. § 26fJ.11; 

(c) AppendL~ I to 40 C.F..R. Pa1·t 261; 

(tl) Appelltlix IX to 40 C.F.R. Part 266; 

(e) Appendices A and B to 40 C.F.R. Part 425; 

(f) Title 40 C.F.R. § 434.64; 

(g) Appendice.~ 1 tlnd 2 to 4(J C.F.R. Part 435, Subpart A; 

(h) Table 7 to 40 C.F.R. Part 455; 

(i) Title 4fJ C.F.R. § 465.fJ3(c); 

(j) Title 40 C.F.R. § 503.8; tuul 

(k) The publications specified in .~·ectioll 59 of this regulation, paragraphs (h) to (r), 

inclusive, and (u) and("~ oj.fiubsection 1 ofsection 6fJ of this regulation, section 61 oftllis 

regulation and l'Ubsections 1, 2 and 4 of section 62 oftllis regulation. 

5. A laboratory n1ay obtain certification to use a perfonnance-hased n1easurement syste111 

or any other alternative method oftestillg if the laboratory: 

(a) Complies with the provisions of subsection 5 ofsection 66 of this regulation; 

(h) Obtains appro•,alfor that n1ethod oftestingfrotll the Environmental Protection Agency 

pursuant to tile provision . ., of 40 C.F.R. § 403. 7(b)(2)(v), 41J3.12(b)(5)(l'i) or 403.12(g)(4); 

--50--

Adopted Regulation R061-04 
A 

(c) Complies with the requirements for ttpplication set forth in 41) C.F.R. § 136.4; and 

(d) Provides proof and evaluates the perj(Jrmtutce-based measurement .~)'Stem or other 

alternative 1nethotl of testing i11 accordance with the provisions of: 

(1) Appendix E ~~f chapter J of the Standards: 

(2) '•Guidelines Estab/b;hing Test Procedures for the Analy.\·is t~f Pollutants: Fle.."'<ihility 

in Exi~·ting Test Procedures and Streamlined Approach for Approving New Test Methods," set 

forth in Volume 62 of the Federal Regb;ter at pages 14975 et seq., klarch 28, 1997; and 

(3) '•Performance Based !J;feasurentent Syste111," ~·etforth in Volume 62 of the Federal 

Register at pages 52098 et seq., October 6, 1997. 

6. To he certified to conduct an analysi.-.· of an analyte using an approved 111et/uul of 

testing specified ill subsection 4, the analyte must be li\·ted by the Dil•i.\·ion in the approved 

method of testing pursuant to that subsection. 

Sec. 65. For the pu1poses of charging anti collecting fees and conducting perforl11ance 

e•'aluations pursuant to the provi.-.·ions of sections 36 to 811, inclusive, of this regulation, the 

Division shall classify each ana{l'te for which a laboratory tnay he cert{fied into the following 

categories: 

1. Bulk a.shesto.~· ana(~'·";·" of hazardous wa.\·te. 

2. Characteristics of hazardous waste. 

3. Dioxin in hazardous waste. 

4. Herbicides. 

5. lmntunoassaJ' tnet/u)(ls for hazardous waste. 

6. Infrared analysis of hazardous wm;te. 

7. Inorganic chen1istry of hazardous waste. 

--51--

Adopted Regulation R061-04 
8. Liquid chrontatography for hazardou.f waste. 

9. 1l1icrobiology. 

10. Mi~·cellaneou.\' screening methods for hazardous waste. 

11. Pesticides. 

12. Phy~·ica/ properties of hazardous waste. 

13. Polyaromatic hydrocarbons in ltazardous wa.~te. 

14. Polychlorinated biphenyl.-;;, hazardous waste. 

15. Radiocltentistry of hazartlous waste. 

16. Sentivolatile organic cltetnistry ofltazardous. waste. 

17. Toxicity bioa.-;say of hazardous waste. 

18. Trace ntetals· in hazardous waste. 

19. Volatile organic c/tentistry of hazardous wa.~te. 

20. Any other ilulividual contaminant. 

21. Any other individual multicontantinallt method. 

Sec. 66. 1. To be certified to conduct ltlboratory testing, a laboratory tnust comply with 

the requirement.f set forth in sections 1.8.3, 4.1.1, 5.(}, 5.1, 5.4 and 5.5 f~{ the Standards. 

2. To be ceJ•tijied in: 

(a) Chentistry, a lt1boratory tnust comply with the requirements .\·etfortlt in section 1.8.5 

and Appendix D.l of chapter 5 fif the Standard't,· 

(b) Microbiology, a laboratory ntust cotnp(v with the requiretnents .'ietfortlt in section 1.8. 7 

and Appentlix D.3 of chapter 5 of the Standtzrds; or 

(c) Radiochemistry, a laboratory must cotnp(l' with the requiretnent.f set forth ill section 

1.8.8 and Appendix D.4 of chapter 5 of the Standartls. 

--52--

Adopted Regulation R061-04 
3. To he certified pursuunt to the progra111 specified in subsection 3 ofsection 64 oftlli.'t 

regulation, a labo1·atory must conzply with: 

(a) If the laboratory supports a solid waste disposal facility or a municipal solid wa.-.·te 

landfill, the provisions concerning: 

(1) Tile require111ents.for a ground water monitoring program relating to sanzpli11g, 

preservation and transport, ana(~'sis, chain-of-custody, quality assurance and quality co11tro/ 

set forth in 41J C.F.R. §§ 257.23(a) and 258.53(a); and 

(2) Tile llletllotlologicul requirements for the testing of solitl waste to determine whether 

the waste is subject to the land di.,po ... al restrictions set forth in 40 C.F.R. §§ 268. 7(tl)(l), 

268. 7(b)(1) antl268.4fJ(f). 

(b) If the laboratory supports a hazartlou.Y waste jilcility, the provi.\·ions co11cerning: 

(1) The requirements for tl Wtlsle analysis plan relating to sampling, presert'ation and 

transport, analysis and chain-t~f-custody .'tel .forth in 4(} C.F.R. §§ 264.13 and 265.13; 

(2) The requirenzents for a ground water monitoring plan set forth in 4fJ C.F.R. §§ 

264.97(d), 264.97(e) and 265.92(a); and 

(3) If applicable to the laboratory, the require11zents for soil and .'toil-pore liquid 

monitoring set .forth in 4fJ C.F.R. § 264.278(e). 

(c) If the laboratory performs the testing of waste to deter111ine compliance with air 

emission standards from tanks, surface impoundment ... or containers, tile requiretnents for 

sampling tuulana{vsis set forth in 40 C.F.R. § 265.1084. 

(d) ~fthe laborutory supports an underground injection control progranzfor hazardous 

wa.yte, the requiren1ents relatitzg to an appro1•ed waste analysis plan set forth in 41J C.F.R. § 

146.68(a). 

--53--

Adopted Regulation R061-04 
(e) If the laboratory perfonns te.fting to deter11zine co1npliance with air emi.5sian standardf 

for process vents and equipment leaks, the lnetltotlologicu/ requirements set forth in 40 C.F.R. 

§§ 264.1033(e)(l), 264.1fJ34, 264.1063, 265.1033(e)(1), 265.1034 and 265.1063. 

(f) If the laboratory performs the .~·ampling and analysis ofhazardou.5 waste burned in tl 

boiler or industrial furnace, the methodological requirentents set forth in 40 C.F.R. §§ 

266./00(c)(l)(ii), 266.100(/), 266.102(b), 266.1fJ4(e)(1), 266.106(g), 266.107(/) and 266.112(b). 

(g) /ftlze laboratory performs the anulysis of waste for a hazardou.5 waste pennit and a 

trial burn plan for incinerator~·, boilers and industrial furnaces, the methodological 

requirements .5etforth in 4fJ C.F.R. §§ 27fJ.19(c)(l)(iii), 270.22(a)(2)(ii)(B), 270.62(b)(2)(i)(C) 

and 270.66(c)(2)(i). 

···;..,._· .. 

(h) If the labort1tory supports the processing af used oil or tl re-refining facili(v, the 

requirements to deternzine whether used oil is hazardous for repre.fentative .~·amp ling and the 

a11a~vtical ntethodologica/ require1nent.f set forth in 40 C.F.R. §§ 279.lfJ(b)(l)(ii), 279.44(c), 

279.53(c), 279.55 antl279.63(c). 

4. To be certified for an approved 111etllod of te.5ting, a laboratory 11ll1St comply with the 

requirenzents for using that approt•ed method of testilzg .5pecified in subsection 4 of section 64 

ofthi.f regulution and the Standards. If tl conflict occurs between a provision specified in that 

sub.\·ection and the Standards concerning an appro vet/ ntethod of testing, the Standards apply. 

If u manufacturer provide.5 ilz.5truction.5 for maintaining any equipnzent used for testing or for 

ensuring the performance of uny test or demonstrating the perforntance of any syste111 of 

1nettsurement, the laboratory shall comply with those instructions. If a conflict tJccurs betwee11 

a provision oftho.5e instructions anti tl provi.don .fpecified in subsection 4 ofsection 64 of this 

regulation or the Standard.f, the provisions specijietl in that section or the Stantlurd.-; apply. 

--54--

Adopted Regulation R061-04 
5. If a labtJI·atory i11tends to u.~e tl performallce-based mea.vurement .\:vstem or any otlter 

a/ternatil'e method of testing, the laboratory shall, before the Division conducts a11 inspection 

of the laboratory pursuant to the provisions of section 71 ofthi.v regulation, .vubmit to the 

Division a written .vtatentent setting forth the performance-based n1easure1nent sy.vtem or other 

a/ternati~·e method of testing it intends to use. The Division may approve the perfonllancebased measurement SJlStem or alternative method of testing if, as determined by the Divi.vion: 

(a) The syste1n or1nethod is equivalent to or exceeds the approved method ofte.vtingfor 

accuracy, precision, completeness and comparability relating to determining contpliance with 

the regulatory concentration levels or system co1ulitiolls: 

(b) An approl•etl method of testing is 11ot available for use by the laboratory to deterntine 

the presence of an analyte for which the laboratory requests certification pursuant to the 

provi.dons of sectio1u· 3 6 to 8(J, iltclusive, of this regulatio11: or 

(c) The laboratory obtai11s approval for the .\}'.fitem or ntethotl froln the En vi ron mental 

Protection Agency. 

6. To be certified to test for a specific analyte using an approved llletluul of te.'tling, a 

laboratory must contply with the requirentents established by the Division for the approved 

method of testing anti the standards for iltitial and continuing calibration.v of test equipment 

anti demonstrations by analysts of precision, accuracy, sensitivity and low .\)'·\·teln background 

for each analyte. If a conflict occurs between the requirements established by the Db,ision anti 

the Standardv, the Standards app~~·. 

7. As used in this section: 

(a) ''Li1nit of detection'' nteans the smallest amount or concentration of a11 aJul{~·te that can 

he reliah{v detected in a given santple by a ... peciftc nteasurentent process. 

--55--

Adopted Regulation R061-04 
(h) "Low sy.vte1n background'' nzeans 011 analysi.\' of a nzetluul hla11k til at does not yield 

co11tanzination at a concentration that is greater than the 1net11otl detection limit or the lilnit of 

detection, whichever is applicable to the pa11icu/ar ana~vte. 

(c) ''jtfet/1od blank'' has the meaning a.vcribed to it in Appendix A of chapter 1 of tile 

Standards. 

(d) "Method detectio11 limit" has the meaning tlscribed to it in Appendix A of chapter 1 of 

the Standartlv. 

(e) "QUlllity assurance" has the meaning ascribed to it in Appendix A of clu1pter 1 of the 

Standards. 

Sec. 67. 1. A laboratory mtty apply for certificatioll by the Divi.vilJil or certificatioll 

pursuant to tile National Environme11ta/ Laboratory Accreditation Program. 

2. To obtain certification by the Division, a laboratory must con1ply with the provisions of 

sections 36 to 80, ilzclu.five, of this regulation. 

3. A laboratory that i.v cerlijied by tlze Division nzay provide analytical data for a wa.\·te 

st1n1ple originating in this State for each analyte for which the laboratory is certified. 

4. To obtain certification pur.vua11t to the National Environmental Laboratory 

Accreditation Program, a laboratory 1nust: 

(a) Conzply with the provisions of sections 36 to 80, inclusive, ofthi\· regulation; 

(h) Before obtaining certification pursua1zt ttJ the Progrtlnl a11d every 2 years after 

obtaining that certification, subnzit to an assess1nent of tile laboratory conducted at tile 

laboratory 11nder the direction of a person who is tlpproved pursuant to the Program; and 

(c) Specify in its application for certification at least one approved method of testing an 

analyte pursuant to tile provisions of.vubsections 4 and 6 of section 64 t~{this regulation. 

--56--

Adopted Regulation R061-04 
Sec. 68. 1. To apply for certificatioll pursuant to the p,.ovisions ojsectio11s 36 to 8(J, 

inclusive, ofthi.~ regulation, the director of the laboratory for which certification is requested 

must submit an application to the Division 011 a form approved by the Division. The 

application must he accompanied by tlte fees presc,.ihed ill section 78 of tlti.~ regulation and 

include the information specified in sections 4.1. 7 and 4.1.9 of the Standards. 

2. The pro••isions of this section tlo not require all application and certificate for each 

building or other portion of a cert{fied laboratory tit at: 

(a) 1~ operated by the same managen1ent, quality ma11ual and quality assurance officer as 

the certified laboratory,· 

(h) Uses only 111ethods fo,. which the laboratory is certified; 

(L~ Does not is~·ue reports directly hutforwartls data to the certified laboratory for 

reporting purposes; and 

(d) The Di•'ision detert11ines is u.~ed to analyze the sa1ne wu.~te san1ples as the certified 

laboratory. 

-..As used in this subsection, "quality assurance officer" means the qutlli(v assurance t~fficer 

specified in section 5.4.2 of the Standard.~. 

3. The Divl~ion shall not con.~ider an ttpplictttion for certification submitted pursuant to 

this sectio11 to be co111plete unless: 

(a) The /ahorutory .\pecifies in the application the approved 111etllods of testing in 

accordance with the pro••ision ... of section 64oft/tis regulation; 

(b) The laboratory sati!t;factorily alutlyzes proficiency te!t;·t !t;'t1111ples in accordance with the 

provision.~ of section 69 of this regulation; 

--57--

Adopted Regulation R061-04 
(c) The laboratory adopt.~ tzquality ntanual a11d subtnits the manual to the Division 

pursuant to the prol'ision.~ of section 70 of this regulution; 

(d) Except for a laboratory that contplies with the provision~· of section 79 of thi.~ 

regulation, the Dil'ision conducts an in.~pection of the laboratory for the approved method.~ of 

testing analytes for which the laboratory requests certification pursuant to the provisions of 

section 71 of this regulutilJil; 

(e) qthe report of all i11spection of the laboratory conducted by the Division includes tzny 

deficiency that must be corrected, the laboratory .~·ubntits to the Division tl writte11 plan to 

correct the deficiency in accordance with the prtwb;ions ofsubsection 7 of section 71 of this 

regulation; 

(j) The director of the /aborutory is qualified for that positilJII pursuant to the provisions of 

sub.~ection 4.1 of chapter 4 oftlte Standort/.~; and 

(g) The applicable fees pre.~crihed in section 78 of this regulation have been paid. 

4. An upplication for certification shall he deemed withdrawn by the applicant if it is not 

completed pursuant to the provil·ions of this section within 1 year after the Division receives 

the application. Tile Divi.violl may extend the period ill which all application tnu.ttf be 

contpleted pursuant to tlli~ subsectio11 ~{the upplicunt submit.v to the Dividon a written request 

for an extension setting forth the reasons for the request. 

Sec. 69. 1. Each laboratory .for which an application .for certification is .ttuhmitted and 

each certified laboratory mu.~t participate in a projicie11cy te.~ting progrunt. The lahorutory 

1111/St: 

(a) Obtain single-blind projicietu·y test samples from a pro•'ider approved by a Proficiency 

Testing Oversight Body/Proficiency Testing Pro•'ider Accreditor; 

--58--

Adopted Regulation R061-04 
.. 

(h) Analyze tile proficiency test sa1nples, if available, for each category of certification and 

analyte that is included in tile program; anti 

(c) Report the results of the analysis to the provider specified in paragraph (a). 

_,. ~f the laboratory is a certified laboratory and (fa test will he conducted for each category of 

certification and analyte for which the laboratory is cert{fied, the certffied laboratory n1ust 

analyze a proficiency te!t't sample pursuant to tile program not le!t'S than once eve~v 6 months. 

2. Each laboratory specified in subsection 1 shall pay the cost.~ ofsuh.~·crihing to a 

progra1n !tpecified in that subsection. 

3. Each lahorato~J,' specified in subsectio11 1 n1ust stltisfactorily analyze each analyte that 

is included in tile program specified in subsection 3 of section 64 of this regulation on two of 

the 111ost recent three rounds of testing. Each laboratory shall, before obtaining tl proficiency 

test sample pursuant to paragraph (a) of subsection 1, authorize the provider of the 

proficiency test .ffan1ple to submit to the Division tile results of a11y test taken pursuant to the 

provisions t~f this section. If the laboratory fuils to provide that tlutlun·ization, the Division may 

refuse to consider the results of any test taken pursuant to those provisions. 

4. The Di~·ision shall consider the results of any test taken pursuant to this .ffection to he 

satisfactory if tile re.~ults are within the limits of acceptance estahlishetl by the provider of the 

proficiency test sa1nples ill tlccordance with the provisions of Appendix C of chapter 2 of the 

Standards . 

.5. If the Division determines that the 1•esu/ts t~f a test are satisfactory, tile luboratory n1ay 

he certified to use any approved n1etllotl ofte.\·ting.for each analyte that is stttisfactorily 

ana(J,•zed by tile laboratory if; as tletermi11ed by the Di••ision, data sufficient to validate the use 

oftluzt 111etllod tiftesting on an annual basi.s are available. lfsuch data are not awlilahle, the 

--59--

Adopted Regulation R061-04 
Division silllll deny or revoke cert{fication for that method t~f te.~ting. As used in til is 

subsection, "tltlta s1~{ficient to vulidate" 1neans perfonnance of an initial demon.stration of 

capability as defined in section 7.2.8 of the manual specified in paragraph (e) ofsub.\·ection 1 

ofsection 60 of this regulation. 

6. If tl certified laboratory fails: 

(a) Two rounds of te.\·ting pursuant to subsection 3, the Divisio11 :,·hall suspend the 

certification of that laboratory for each a1U1/yte the laboratory failed to analyze during those 

I"OUIU/s; Or 

(b) Three rounds ofte.\·ting pursuant to tllat subsection, the Division shllll revoke the 

certificlltion of that laboratory for each a11a/yte the laboratory failed to analyze during those 

rou1uls. 

7. If the Division suspends the certification of a certified laboratory pursuant to 

subsection 6 because the laboratory failed two nonconsecutive rou11tls of te.~ting, the Division 

sht~ll reinstate the certification of that luboratory for the nletluul ofte.~ting an analytefor 

which the certification was suspendetl if the certified laboratory sati~ft1ctori/y analyzes the 

analyte in a projicie11cy test sa111ple that i.s approved by the Dil•ision. 

8. If tile Division suspentls the certijicatio11 of tl ce1·tijied laboratory pursuant to 

sub:,·ection 6 because tile laboratory failed to analyze an a1u1/yte on two consecutive rounds of 

testing, tile laboratory must satisfilctori(l' a11a/yze the analyte during each of two consecutive 

rounds ciftesting conductetl after the Dil,ision .~uspend~ the certification. 

9. If the Division revokes the certification of a certified laboratory pursuant to :;ubsection 

6, the laboratory must: 

--60--

Adopted Regulation R061-04 
(a) Analyze sati.\j'actorily the analytefor which the certificution wa.s reJ'oked during each 

of two consecutive 1·ounds of testing conductetlaftel· the Divi.sion revoked the certification; 

and 

(h) Reapply for certification a11d pay the applicable fee.s pursuant to the provisions of 

.\·ection~· 36 to 80, inclusive, of this regulution. 

~If tl certified laboratory comp/ie.\' with the provisions of this subsection a1ul is otherwise 

qualified for ce1tijication pursuant to the provisions ofsection.s 36 to 8fJ, inclusive, of this 

regulation, the Division shall reinstate the certification of the laboratory for each method of 

testing anti analyte for which the laboratory was certified. 

1 f). Each certified laboratory n1u.st clnnp~~~ with the require11zent.s concerning enrolllnent, 

testing, conduct and participation in the progrtll1l specified ill subsection 1 pursuant to the 

provisions ojsectio11s 2.4, 2.5 and 2. 7 of the Standards. 

11. As used in this section, "Proficiency Testing Oversight Body/Proficiency Testing 

Provider Accreditor'' ha.s the meaning ascribed to it in Appendix A of chapter 1 of the 

Sta1ulards. 

Sec. 70. 1. Each laboratory that ttpplies for cert~fication pursua1ll to sections 36 to 8fJ, 

inclusive, of this regulution shall adopt tl quality nzanuala11d co111ply with the provisions of 

that ma11ua/. The director of the laboratory shall submit the ma11ual to the Division before the 

Division conducts an inspectio11 of the laboratory. 

2. Each quali(v manuttl specified in subsection 1111ust he adopted in accordance with the 

prtwisions ofsection 5.5 of the Stantlard\· and include, without li1nitation: 

--61--

Adopted Regulation R06l-04 
(a) A statement setting forth the requirenzents of the laboratory for .vensitivity, precision 

and accuracy for each 1nethod of testing or analytefor which the laborutory reque.vt.s 

certification; 

(b) The policy of the laboratory concerning a11y u11authorized u.se of data or fraudulent 

actil•ity that occurs at the laboratory; and 

(c) The policy of the laboratory concerni11g the collection of sa1nples for the purpose of 

determining compliance with the Federal Act. The policy nzu.vt prtn'ide that: 

(1) A person taking a sa111ple shall sign and date an attestation indicating the validity 

and authenticity of the sa111ple; and 

(2) Tampering with or intentionally mislabeling the location, date, tinze or collection of 

a sample may be considered grotuzds for the tlenial of tin applicatio11 for certification or the 

revocation, suspension or limitation of certification pursuant to the provisions of section 72 of 

this regulation. 

Sec. 71. 1. U1Zles.s ttlaboratory satisfie.s the prot'isions of parttgraph (c) of subsection 2 

of section 79 of this regulation, the Division shtlll conduct till ilt:,pection of the prenzises and 

operation t~{ each certified laboratory or laboratory for which an ttpplication for certification 

is subntitted pur.suant to the provisions of section 68oft/tis regulation. An in.spectio11 

conducted pursuant to this sectio" 111ust be conducted in accordance with the provisions of 

sections 3.4 to 3. 7, inclusive, oftlte Stalldartls.lf a certified laboratory conduct.s analyses of 

waste samples, the laboratory must be i11spectetl in ttccorda11ce with the manual adopted by 

reference pursuant to the provision.-; ofparttgraph (e) ofsubsection 1 ofsectit)ll 60 tift/tis 

regulation. A certified laboratory shall ana(vze a quali{v control sample for each method t~f 

testing an a#Ullyte for which it i.v certified: 

--62--

Adopted Regulation R061-04 
(a) At least once every 3 111onth.-;; and 

(b) Each time a new calibration curve is generated. 

2. Tile Divido11 shall conduct a11 i11spection .\pecijied in subsection 1: 

(a) Not less than once every 2 years, if the laboratory is a certified laboratory; or 

(b) If the laboratory sub1nits tln application for certification pursuant to the provisions t~f 

section 68 of this regulation, not nu~re than 3fJ daJlS after the Dil•ision deten11ines that the 

laboratory ha.-. co1nplied with the provisions of paragraphs (a), (h) and (c) ofsubsection 3 of 

that section. 

3. Tile Dividon may conduct tln in.\pection tif a laboratory n1ore than once eve1y 2 years 

pursuant to this .\·ectioll if: 

(a) The Division receives a co111plaint concerning the quality of the laboratoryfrtnn a 

mentber of the ge11eral public or any public agency; 

(h) The Dil,ision has reasonable cause to believe the laboratory is engaging in fraudulent 

activi(v; 

(c) The Division identifies deficiencies in the operation tifthe laboratory after conducting 

till inspection of the laboratory pursuant to this section: 

(d) The laboratory notifies the Division pursuant to the pro••isions of section 76 tif th i.-. 

regulation of any changes t~pecijied in that section; or 

(e) Any circumstance specified in section 3.3 of the Standard.-. occurs. 

4. An inspection conducted pursuant to the provisions tifthis section may include, without 

lin1itation: 

(a) Requiring the laboratory to conduct 011 a11a~vsis of a proficiency test sa111ple; and 

(h) Photocopying, photographing or videotaping: 

--63--

Adopted Regulation R061-04 
(/) Any part of the luhoratory that is used for analyzing waste sa11zple.\' pun;uant to tile 

F etleral Act; 

(2) A11y equipment, activity, waste sa111ple, records or results of a11y test relati11g to the 

ana(vsis of a wa.-;te sample pursuant to the Federal Act; 

(3) Any data concerning the control of the quality of any analysis conducted by tlte 

laboratory pursuant to the Federal Act; or 

(4) Any other information required by tile Divi.don to en.-ture conzpliance with the 

provision.~· of sections 36 to 80, inclusive, of this regulatio11. 

5. Except as otherwise prol'idetl in tit is subsectio11, the Divisio11 shall annou11ce each 

inspection conducted pursuant to tile pro••isions oft/tis section. The Division may conduct un 

lllltlltnou11ced inspection of a laboratory if the Division tletermines that .~·ucll an inspection is 

required to e11sure compliance by the laboratory with the provisions of sections 36 to 80, 

inclusive, of this regulation. In determining whether to conduct an unannounced inspection, 

the Division .~hall consider: 

(a) Tlte laboratory's record of contpliance with the provisio11s of section.\' 36 to 80, 

inclusive, of this regulation; 

(b) The re.~ults of a11y proficiency te.~t taken l~v the laboratory,· 

(c) The perfonnance of tiny ana(vst or other employee of the luboratory in co11ducting an 

analysis of a waste sa1nple pursuant to the provisions of sections 36to 81), inclu.dve, of this 

regulatio11; 

(tl) Any cotnpluints co1zcenzing the laboratory tit at the Division It as received front 1nenzbers 

of tile general public or any public agency; und 

--64--

Adopted Regulation R061-04 
.. 

(e) Tile perforntance of tile laboratory in conducting analyses pursuant to the provisions of 

section.fi 36 to 80, inclusive, of this regulation. 

6. If tile Division conducts an inspection ofttlaboratory pursuant to the provisions oft/tis 

section, the laboratory slla/1: 

(a) Ensure that any record or other information which relates to compliance by the 

laboratory with the Federal Act or .\·ections 36 to 80, inclu.dve, of this regulation and which is 

required by the Division to co /I duct the inspection is available for re••iew, including, without 

limitation: 

(1) The quality manual adopted pursuant to the pnn•isions ofsection 70 of this 

regulation; 

(2) Any information concerning the methods of testing used by the laboratory; 

(3) Any data concerning the control of the quality of a11 ana(vsis conducted by the 

laboratory: and 

(4) Any information co11cerning any proficiency test taken by the laboratory; anti 

(b) Allow the Division to: 

(/) Exantine any records of the laboratory concerning the operation or certification of 

the laboratory that relate to compliance by the laboratory with the Federal Act or sections 36 

to 80, inclusive, oft/tis regulation; 

(2) Observe tile operation, facilities anti equip11zent of the laboratory that relate to 

contplitlltce with tile Federal Act or sections 36 to 8fJ, inclusive, t~fthis regulation; 

(3) Interview ttny etnplt~vee of the laboratory who performs duties relating to 

compliance by the laboratory with the Federal Act or sections 36 to 80, inclusive, of this 

regulation; ttntl 

--65--

Adopted Regulation R061-04 
(4) Engage in all)' activity which is necessary and appropriate for determining 

contpliance by tile laboratory with the Federul Act or sections 36 to 8(), inclusb'e, of this 

regulation and which is required by the Division. 

7. If the Division conduct.tt an inspection of a laboratory, it shall, within 3() days after it 

co11ducts tile inspection, provide to the laboratory a copy of the report of the in.\pection. The 

report must include any deficiency the Division discovers during its inspection of the 

laboratory. The laboratory shall prepare a plan to correct the deficiency .ttpecijied in tile report. 

The plan 1n11st: 

(a) Be submitted to the Divi.don not more than 30 days after the laboratory receive.\· the 

report from the Division; 

(h) Be subntitted on a fonn approved by the Dil,ision; and 

(c) Include, without limitation: 

(/) The signature of the person who prepared the plan; and 

(2) The proposed date by which the /abo1·atory will correct the tlejiciency. 

8. If, after reviewing the plan submitted pursuant to subsection 7, the Division determines 

that the pfalz i.tt buufjicient to correct tile deficiency, the Division .tthallnotify tile laboratory of 

tltatfact in writing. Upon receipt of the written notice, the laboratory shall, not more tltun 3fJ 

days after receiving the notice, ~·ubntit tl revised plan to the Division. If, after reviewing the 

revised plan, tile Division determines that the 1·evised plan is in.ttufficient to correct the 

dejicie11cy, or if tile Division conducts tln in.\pection of the lahorutory and tletermine.s that the 

deficiency has not been corrected, the Division shall deny the laboratory's application for 

certification or revoke its certification. 

--66--

Adopted Regulation R061-04 
Sec. 72. 1. Tile Divi.~·io11 n1ay deny an application for certification of a laboratory or 

revoke, ,yuspend o1·1i111it tile certffication t~f a certffied labo1·atory iftlte laboratory: 

(a) Make.~· a false statement in: 

(I) An application for certification; 

(2) A report concerning tlte analysis of a waste sample; or 

(3) Any other document relating to certification in violation of tile provisions of sections 

36 to 80, inclusil'e, of this regulation; 

(b) Falsifies tiiiJ' results of laboratory testi11g or nti.~represents ttny i11j'ormt1tion obtuined 

frtulllaboratory testing in violation tifthe provisio11s tifsection 66 or 77oft/tis regulation; 

(c) Fails to mait1tain the facilities or equipntent tif the laboratory in accordance with the 

quality manual or quality .\}'Stel11 of the laboratory; 

(tl) Fails to participate sati.~factorily in a proficiency testing program, if the progra111 i.~· 

available, in •'iolation tif the provisions t~{section 69 of this regulation; 

(e) Falsely claims certificatioll[or a method of testing or an UIUIIyte.for which the 

laboratory is not ce11ijied in violation of the providon~· of section 77 tift/tis regulation; 

(f) Fails to prepare a plan of correction or to correct a11y deficiency specified by the 

Division within the period specified ill the plan in violation of the pro•'isions of section 71 of 

this regulation; 

(g) Fails to pay any fees or expenses of tile Division in l'iolation tifthe provi.~ion.~ t~{section 

78 cifthis regulation; 

(h) Fails to notify the Division of any changes specified in section 76oft/tis regulation; 

(i) Authorizes a person who is not qualified to perform an ana(~wis in violation of the 

provisions of.Yection 66 of this regulation; 

--67--

Adopted Regulation R061-04 
OJ Comtnunicates with or receives a comtnullicatitJII concerning the results of a 

proficiency test sample from a laboratory 011 or before tile date establi.~hetl for subnzitting the 

results of that sat11ple to tile prol'ider of the sample pursuant to tile provisions of.~ection 69 of 

this regulation; 

(k) Knowingly recei1'es a proficiency test sanzple from tl laboratory or provides a 

proficiency test sample to a laboratory 011 or before tile date specified in paragraph OJ; 

(l) Prohibits a11 employee of the Divisio11 from co11ducting an in.\pectioll of tile laboratory 

in l'iolation of the provisions of section 71 of this regulation; 

(m) Fail.~ to provide to the Division any infornzation required by the Division to determine 

whether a laboratory is operated in compliance with the provisions of sections 36 ltJ 80, 

inclusive, tifthis regulation; 

(n) A-lisreprese11ts a11y nzaterial fact to obtai11 or maintain certification pursuant to the 

provision.~ ofsections 36 to 80, inclu.~ive, of this regulation; 

( o) Engage.~ i11 ttny activity that is a grou11tl for the denial of an application for 

certification or for tile suspension or revocation of the certification of a ltzboratory set forth ill 

section 4.1.4(d) or 4.4 tifthe Standards; or 

(p) Knowingly enzploys, directly or indil·ectly, tt person who Juts violated a provision of 

NBS 459.400 to 459.600, inclusive, 459.610 to 459.658, inclusive, 459.800 to 459.856, 

inclusive, or sections 36 to 80, inclu.sive, oft/tis regulation. 

2. In detennining whether to deny an application for certification or to revoke, suspend or 

linzit tile certification of a laboratory pursuant to this section, the Divisio11 shall consider: 

(a) The gravity of tile violation; 

(h) The harnz to the health and .wifely tiftlle menzhers tifthe general public; 

--68--

Adopted Regulation R061-04 
(c) The intent of the perso11 who com111ittetl the violation; 

(d) The extent t~{the violation.: and 

(e) Any propo.-;ed correction of the violation. 

3. As used in this sectio11, "quality system'' has the meaning ascribed to it in Appendix A 

of chapter 1 of the Standards. 

Sec. 73. If the Division denies all application for certification submitted by tl laboratory 

or revokes the certification of a certified laboratory, the laboratory n1ay, after the period 

specified in section 4.4 of the Standards expires, reapply for certification in the 111anner 

prescribeti in section 68 of this regulation. 

Sec. 74. 1. The Division n1ay renew the certificate t~f a certified laboratory if: 

(a) The luhoratory pay.tt the applicable fee to renew the certificate; 

(b) The laboratory sub111its tl statement 011 a form approved by the Division iluiicating that 

it is in co111pliance with the provisions ofsectioll.tt 36 to 8tJ, inclusive, lif this regulation 

concerning each category tiftesting, 111ethotl ofte.'tting and alullyte for which it is certified; 

(c) The laboratory submits a report to the Division indicating that it has received 

satisfactory proficiency te.'tt results for each category of testing and analyte fin· which it is 

certified; and 

(d) The Division detennines that the laboratory is in compliance with the provisions of 

sections 36 to 8(J, inclusive, of this regulation. 

2. A certificute issued ta tllahoratorJ' pursuant to the provisions ofsections 36 to 8tJ, 

inclusive, of this regulation expires on July 31 t~{ each year. If the certificate of a certified 

laboraftJI)J expires, the laboratory may app{~' for ce11ijication in the manner prescribed i11 

section 68 of this regulation. 

--69--

Adopted Regulation R061-04 
. ' 

3. The Division shall make available to each certified luhoratory a notice for the renewal 

of the certiftcute and a fornt to provide a state1nent of compliance specified in paragraph (h) of 

subsection 1. 

4. Each certified laboratory shall ntaintain any record specified in section 4.3.3 of the 

Standards in accordance with the provisions of that section. 

Sec. 75. 1. The director of the laboratory slul/1 display the certificate issued by the 

Division in a conspicuou.v place in the laboratory to which the members of the general public 

have access. 

2. The certificate is the property of the Division and 1nust be surrendered to the Division 

if: 

(a) The Division revokes the certificate; 

(b) The laboratory for which the ce11ijicate is issued cea.'J'es to co1uluct a11aly.ves of waste 

.vamp/es for which a certificate i.v required; or 

(c) The Db,ision ceases to be an accretliting authority approved by the Elll'irtJIIIIlental 

Protection Agency. As used in this paragraph, ''accrediting authority'' lu1s the meaning 

ascribed to it in Appendi"( A of chapter 1 of the Standardv. 

3. In addition to i.vsuing t1 certificate to each certified laboratory, the Db•ision .vha/1 

provide to each certified laboratory tl tlocu11tent which ilulicates each category of testing an 

a11a(vte for which the laboratory i.v certified. If, after the Dil•ision provide.v the docu1nent to the 

laboratory, the Divisio11 certifies the laboratory for tin additional analyte or the Division 

revokes, !J·uspentls or lint its the certification of the ltzboratory for a category of testing or 

a11alyte, the Divi.\'ion shall revi. .. e the docu1nent to include the additional analyte for which the 

--70--

Adopted Regulation R061-04 
.. .. 

laboratory is certified or the ctltegory t~f te.fiting or ana{vte that is revoked, suspended or linzited 

by the Division. 

Sec. 76. Jj; a.\' determined by the Division, a change concerning a certified laboratory 

occurs thut substantially affect.\' the ability of tile laboratory to perform any analysis for which 

the laboratory is certified, the director of the /abortttory shall, not more than 30 days after the 

change occurs, notify the Division of the change in writing. For the purposes of this section, tl 

change includes, without lin1itation, a change in the name, ownership, location or personnel 

of tl laboratory or any other clutnge specified in sections 4.1 .8 anti 4.3.2 of the Standards. 

Sec. 77. J. A certified /aborato1y shall ensure that each analysis it performs complies 

with the provisions of Appent!L'C D of chapter 5 of the Standard.v. 

2. A certifietllaboratoly .'ihall maintain any document or other i11forn1ation required by 

the provisions of section 4.3.3 of the Standards in accordance with the provisions iifthat 

section. 

3. If tl certified laboratory prept~res a report of till)' test conducted pursuant to the 

provisions of this section, the report must be prepared ill accordance with the provisions of 

section 5.13 of the Standurtls. 

4. If tl certified lahort1tory i.v not certified to conduct a test in a category of testing or to 

use tl ntetltod of testing or test for an analyte pursuant to the provisions of sections 36 to 80, 

ilzclusive, of this regulation, the director of tile laboratory may contract with a certified 

laboratory to perform that test if: 

(a) Before entering into the contract, the director Itot{fies in writing the person for whom 

the test will be conducted of /tis intent to enter into tile contract; and 

--71--

Adopted Regulation R061-04 
) '·' -., 

(b) The laboratory complies with the ,.equirement.'t .\pecified in section 5.14 of the 

Standards. 

5. If a certified laboratory contracts with another certified laboratory pursuant to tile 

provision.'t oftlli.v section, the director of tile certified laboratory shall ensure tllat the cenified 

labortztory that will conduct the test i!; certified pursuant to the provisions of sections 36 to 80, 

inclusil'e, of this regulation. If tile certified laboratory that offered the contract maintains any 

record of the contract or of any test conducted pursuant to the contract, it shall include in that 

record: 

(a) Any report .'tubmitted by the certified laboratory that conducted the test concerning the 

results of tile test; and 

(b) The certification nu111ber of the ce1·tijietllaboratory that conducted the test. 

6. If the certified laboratory that offered the contract prepares a report concerning the 

results ofttny test conducted pursua11t to the co11tract, it shall !ipeci[v in the report that the 

results of that test were obtained by contract pur.suant to tile provision.5 of this section. 

Sec. 78. 1. h:~cept as otherwise provitled in sub.\·ection 2, a ltzboratory ntust submit an 

annual fee of $5fJfJ with each application for certification. 

2. A /abtJ,.atory which only performj' ana(vsi.v for microbiology is not required to pt~V the 

fee provided pursuant to subsection 1. 

3. In addition to tile fee required pursuant to the provi.vio11s of subsections 1 and 4, a 

laboratory Jllu.st ,\'llhmit an annual certification fee for each category of co11taminant for which 

certificution is requested. Tile categories of contantina11ts and annutzl fee!;· are: 

--72--

Adopted Regulation R061-04 
II 

ANNUAL 

CATEGORY OF CONTAMINANT FEE 

Bulk ashes to,.,· analy . .,·i.'i of hazardous wa.\·te ................................................................. $4fJfJ 

Chartt,·teristic:s of hazc1rdous wttste .......................................................................•.•.•••• . 150 

DilJXin in ltaZtlrdlJUs wc1ste ................................•...•..••...•••••••••••.••••••••••••.....•...•.•............. 4fJ(J 

Herbicides ••.•••••....•.•..•..••••......................................................•.••••••............•..................•. 545 

lmmunoasstl)' Jlletllotls .for hazardous waste ...........................................•..................••• 545 

Infrared a1talysis lif ltaZtlrdolls waste ...•••••..••.•.•...•..•.•..••••••••••••••..••••.•••.•....................•.. 545 

Inorganic ,·hemistr.~· l~{ ltaZtlrdlJU.'i waste ........................•......•..••....••.....•..•..•..•............•. 545 

Liquid chro111atograph}' .for ltazardous waste .........................•............•...••....•.•........••••• 545 

MicrlJhiollJ[{~' ........................•.............••..•.•.•.•..•.•••.••••.•••••.•••••••...•••••....•......•..•................. 4fJ(J 

Miscellaneous screening methods for hazardous waste .•..•.....•.•...•........•...................... 4fJfJ 

per 

method 

Pesticides ..................•..........•.•......•................................................•...•...••••......•.•...........•. 54 5 

PhJ'Sical p1·opertie ... oflttlzartlous waste .......................................................................... 15() 

Polyaromatic llydroc:arholl.'i in hazardous waste ........................................................... 545 

Po/ych/orillatetl hiphellyls in llaza,·dous waste ............................................................. 545 

Radiocl1emistrJ' oflltlzardous waste ............................................................................... 545 

Se1nivo/atile organic chemistry of hazardous waste ..................................................... 545 

TiJ.'<icifJ' hilJas.'iaJ' oj'lltlZardlJUS waste ............................................................................ 400 

Trace 1neta/s in lttiZtlrdtJU.'i Wtlste ................................................................................... 545 

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Adopted Regulation R061-04 
) ~.. ,y 

ANNUAL 

CATEGORY OF CONTAMINANT FEE 

Volatile organic che1nistry of hazardous waste ............................................................. 545 

Any otlter ilttlivitlltal colttamilttlnt ................................................................................. 200 

A11y other individual multiconttll11inant method ....••••••••••••••••••••••••..••••..............•....•••••. 4fJ(J 

4. In addition to the fees required pursuant to the provision.\' of sub.sections I and 3, if a 

laboratory applies for certification for a co11taminant in more tha11 hvo of the approved 

methods of testing for that contaminant, the laboratory ntu.st sub1nit a fee of $200 for each 

additional approved ntethod of testing. 

5. If a /aborato1y applies for certification for additional contaminants after the laboratory 

has been issued a certification for till annual period of certification, the fee for certification 

for each additional contaminant is the fee provitled for that contaminant pursuant to the 

provisio11s of suh.sectio11 3. The fee 111ust he prorated pur~·ua11t to sub.sectio11 6 if the provi.dons 

of that subsection otherwise apply. If the Divi.\·ion co1ulucts tilt evaluation for certification at 

the laboratory, the laboratory 111ust pt1y, at the rtlte provided for state officer~· anti employees 

generally, the actual travel and per diem expenses of the Division. If the /aborato1y is located 

outside of thi.s State, the expense.s must he paid pursuant to the provi~·ions (~{.subsection 7. 

6. The fee . .,· are effective for 12 months begi11ning on Augu.st 1 of each year. If an 

application for certification ttJ test for 011 analyte i.s sub11titted during that period, the fees for 

that certification ltUI.st be prorated using the following for111ula: 

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Adopted Regulation R061-04 
Fee X .fJ83 X the nunzher t~f month.'t retnaining in the period of certification. 

For tile purpose tif pNJrating fee.s, an application for certification to test for an analyte shall he 

deemed to have been submitted at the beginning of a month regardlesj' ofthe date of the 

application. Tile prorated fee 111ust be rounded to the next highest dollar. The fee provided 

pur.'tuant to the provisions of subsection I must not he prorated. 

7. /fun et'aluation for cert{fication of a laboratory that is located outside of this State is 

conducted, the laboratory n1ust pa.v the actual travel and per dienz expenses of the employee of 

the Division who conducts tile evaluation. 

8. The fee for certijicatio11 to test for tt spec{fic anttlyte must be pttid before tl certificate 

for that a11alyte may he issued. 

9. Any fee paid pursuant to the prot•isions of this section is nonrefuntlahle. 

Sec. 79. The Division s/ta/1 accept data relating to the analy.~i.~ of co11tamintznts regulated 

pursuant to NRS 459.400 to 459.600, inclusive, 459.610 to 459.658, i11clusive, aJu/459.800 to 

459.856, inclusive, that are suhnlittetlfrom ttlahoratory located outside of this State {f: 

/. The laboratory has otherwise co11zplied with tile requirements set forth in sectio11s 36 to 

80, inclusive, of this regulation; 

2. The: 

(a) Lahorato1y is certified by the United State.{j Environn1ental Protection Agency; 

(b) Divisio11 tletern1ines that the state where the laboratory is located: 

(/) Has adopted tt progra1n for certifying laboratories for tile analysis t~f water that is 

equivalent to the program for cert{fying those laboratories adopted hy the Dil•ision; anti 

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Adopted Regulation R061-04 
(2) Accepts tile results of evaluation.tt conducted pursuant to tile program adopted by the 

Divi.don; or 

(c) Laboratory: 

(1) Is located in a state that has established an ttgreemellt with this State concerning 

certification of laboratories by reciprocity: or 

(2) Itt certified pur!.'UaJtt to the National Environmental Luboratory Accreditation 

Program; and 

3. The laborutory submits to tire Division a copy of an acceptable report relati11g to the 

most recent eJ'aluation conducted at tile laboratory by: 

(a) The state where tile laboratory is certified.: 

(b) An independent organization tllut is apprOl'ed by tile Divisio11 to certify lttboratories for 

the analysis of waste san1ple.tt; or 

(c) Tile United States Enviro11mental Protection Agency. 

'-' The evaluation to which the report relates must be coJtductetl within the 2 years 

imn1ediate(~' preceding the date of the application of the laboratory for certification. 

Sec. 80. If any publication adopted by reference pursuant to the provisions of:;ection.~ 36 

to 80, inclu.sive, of this regulation, is revised, the Con1mission may review the revi.sion to 

detern1ine its suitability for this State. If the Comn1ission determiltes that the revision i.-; not 

.suitable for this State, it will hold a public hearing to review its detenninatio11 a11d give notice 

of that hearing within 6 month.s after the elate of the publication of the revision. If, lifter the 

llearing, the Commission tloes not revi.\·e its determination, the Ctnllmis!.·ion will give notice 

that the rel'ision is 110t .ttuitablefor this State within 3(J days after the hearing. If the 

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Adopted Regulation R061-04 
Co11zmission doe.~ not give such uotice, the revisiou becon1es part of the publication adopted by 

reference pursua11t to the provisio11s of sections 36 to 81), inclusive, of this regulation. 

Sec. 81. NAC 445A.0586 is hereby repealed. 

TEXT OF REPEALED SECTION 

445A.0586 "Point source" defined. 

I. "Point source" has the meaning ascribed to it in NRS 445A.395. 

2. The term includes wheeled, track, stationary or floating equipment used for earth-moving 

activity from which pollutants are or may be discharged. 

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Adopted Regulation R061-04