CAPP regulates 40+ facilities handling nearly 

30 Million Pounds of Highly Hazardous 

Substances

State of Nevada 

Division of Environmental Protection 

Bureau of Air Pollution Control

901 So. Stewart St., Suite 4001 • Carson City, NV 89701 

Phone: (775) 687-9349 • FAX: (775) 687-6396 

You are here: State of NV > DCNR > NDEP > BAPC > CAPP Home

Chemical Accident Prevention Program (CAPP) 

The purpose of the Chemical Accident Prevention Program (CAPP) is clearly stated in NRS 459.380 of the 

program's enabling statute: 

1. Protect the health, safety and general welfare of the residents of this state from the effects of the 

improper handling of hazardous chemicals at the point where they are produced, used or stored in 

this state or where explosives are manufactured for sale; 

2. Ensure that the employees of this state who are 

required to work with hazardous chemicals or 

explosives are guaranteed a safe and healthful 

working environment; 

3. Protect the natural resources of this state by 

preventing and mitigating accidental or unexpected 

releases of hazardous chemicals into the 

environment; and 

4. Ensure the safe and adequate handling of hazardous 

chemicals produced, used, stored or handled; and 

explosives that are manufactured for sale in this state.

What's New

• On-Line Registration - CAPPTrack

The 2009 CAPP Annual Registration will be completed this year through the online 

CAPPTrack application. As NDEP does not have electornic signature capablity at this time, 

you will still be required to print, certify and mail a paper copy. The required input will be 

essentially the same as in previous years. Please note that the respective facility registration 

file will be populated with the prior year's registration information, so that most of the input 

will be data verification and editing. More information can be found on the 

Registration/Change of Ownership page. 

• Element Audit Checklists

The element audit checklists have been revised to include a couple of new features. First, the 

checklists now include a "Percentage Completion Score;" this is a numerical score of 100 total 

possible points providing the facility a semi-quantitative evaluation of their compliance status. 

Each Section of the checklist is weighted a percentage of the 100 total possible points giving 

more emphasis to such sections as "Program Implementation." Second, many sections of the 

checklist have been expanded providing additional questions under a particular topic. This is 

intended to assist the facility in developing the topic by providing additional questions under a 

particular topic. This is intended to assist the facility in developing the topic by providing 

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examples. Lastly, the checklists have an expanded emphasis on "Management Plan and 

Document Control." Some of the checklists have an expanded section, including many more 

line items; but in the other checklists the management plan, for the most part, has been 

included in each of the sections of the checklist. Current Element Audit Checklists can be 

found on the Program Guidance page

• Data Forms

Like the element audit checklists, the data forms have been expanded to include new features 

to assist facilities in complying with the CAPP Regulations. First, many of the data forms now 

include discussion of compliance topics, including examples in some cases. Second, many of 

the data forms have additional tables intended to assist facilities in organzing their data to 

ascertain wheter they have covered regulatory requirements. Current Data Form can be found 

on the Program Guidance page.

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State of Nevada 

Division of Environmental Protection 

Bureau of Air Pollution Control

901 So. Stewart St., Suite 4001 • Carson City, NV 89701 

Phone: (775) 687-9349 • FAX: (775) 687-6396 

You are here: State of NV > DCNR > NDEP > BAPC > CAPP Home > More About CAPP

Chemical Accident Prevention Program (CAPP) - More About CAPP

CAPP applies in facilities that have select, highly hazardous substances in quantities above defined 

thresholds. These highly hazardous substances are distinguished from numerous other agency-regulated 

substances in that they will cause acute health impacts, that is, serious heath impacts from a relatively short

- term, low concentration exposure. Some of the highly hazardous substances are covered under CAPP 

solely due to their flammability; CAPP also applies in facilities that manufacture explosives for sale that 

are classified as division 1.1 through 1.5 in the Table of Hazardous Materials under 49CFR172.101. Other 

agency-regulated substances, benzene for example which is a known carcinogen, pose chronic or long-term 

health impacts and are not covered under CAPP.

CAPP requirements fall into one of three categories; accident prevention, emergency response or public 

right-to-know. Through the accident prevention program, facilities are required to: evaluate and mitigate 

hazards, understand the design parameters of their processes and operate within the appropriate design 

limits, prepare comprehensive operating procedures, thoroughly train operators in those procedures and 

maintain the facility equipment and instruments to prevent premature failure. Through the emergency 

response program, facilities are required to develop an action plan for dealing with potential emergency 

situations and they are further required to coordinate emergency response activities with local responders, 

to ensure that the responders are prepared to deal with the emergencies appropriately.

Through the public right-to-know aspect of CAPP, all information disseminated by the facilities is 

available to the public, as are all site inspection reports generated by CAPP staff. There are provisions to 

protect trade secrets under CAPP, but submission requirements have been structured to generally preclude 

the need to submit such information.

CAPP is a proactive program in that it stresses hazard identification and accident prevention. The intent is 

to predict what could possibly go wrong and take appropriate measures to minimize the possibility of an 

accident occurring. CAPP staff actively inspects each facility to determine compliance and does not rely 

upon information provided in facility-submitted reports alone. All staff members have extensive 

background in facility design and operation in a wide range of industries. Qualified program inspectors 

help ensure that a critical evaluation is conducted at the facility and that a quality accident prevention 

program is implemented and maintained.

Background

In July, 1991, the Nevada Legislature passed Senate Bill 641, the Chemical Catastrophe Prevention Act, 

primarily in response to a large chlorine release in Henderson, NV in May, 1991 and a large ammonium 

perchlorate explosion in May, 1988, also in Henderson. The resulting statute, codified at NRS 459.380 

through 459.3874, directed the NDEP to develop and implement an accident prevention program, which 

was renamed the Chemical Accident Prevention Program, or CAPP.

Staffing and program development activities proceeded through July, 1994. During this time, numerous 

workshops were held, program guidance was developed and a memorandum of understanding was 

executed with the Nevada Occupational Safety and Health Enforcement Section (OSHES) to promote 

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coordinated implementation of CAPP with federal OSHA's Process Safety Management (PSM) regulation. 

Since PSM program requirements are similar in scope to CAPP, coordination with OSHES was important 

to prevent duplicative enforcement.

Beginning in October, 1994, regulated facilities began submitting assessment reports that outline their 

efforts to comply with the requirements of CAPP. Included in the reports are lists of action items that 

define measures that will be implemented to make the operation safer. CAPP has been involved in the 

review of these assessment reports and ensuring timely completion of all action items ever since.

In the 1997 legislative session, CAPP statutes were modified to enable the NDEP to seek delegation for the 

U.S. EPA’s Risk Management Program (RMP); although NDEP is not actively seeking delegation at this 

time. Additionally, provisions were added to require facilities handling highly hazardous substances in 

quantities less than the program threshold quantities, to become subject to CAPP after having two 

accidental releases within a 12 month period. CAPP regulation as related to these statutory modifications 

became effective May 27, 1999.

In July, 1999, the Nevada Legislature further modified CAPP statutes, primarily in response to a large 

explosion in an explosive manufacturing facility near Mustang, NV. The legislation authorized CAPP to 

regulate explosives manufacturing, issue permits to construct and commence operation in any future CAPP 

facility and coordinate inspections in explosives manufacturing facilities. Regulation related to the 1999 

legislative amendments became effective on October 25, 2001.

In May, 2003, the Nevada Legislature further modified CAPP statutes. The legislation gave NDEP the 

authority to investigate accidents in plants while recovering cost in certain circumstances and also 

significantly streamlined program requirements. The authority to streamline the CAPP process resulted in a 

revised regulation that holds all facilities to the same, most stringent accident prevention and emergency 

response requirements of previous revisions, while easing facility reporting requirements and enabling 

better utilization of resources to implement accident prevention. The regulatory amendments became 

effective on February 15, 2005.

In the 2007 legislative session, CAPP statutory amendments expanded program coverage to include 

facilities handling or storing mercury in excess of 100 tons. This amendment was reflected in regulation 

effective October 31, 2007.

CAPP External Links

• U.S. Chemical Safety and Hazard Investigation Board

• OSHA Process Safety Management 29 CFR 1910.119

• EPA Risk Management Planning 40 CFR 68

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REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES

General Provisions

NRS 459.380 Legislative declaration.

NRS 459.3802 Definitions.

NRS 459.3806 “Division” defined.

NRS 459.38075 “Facility” defined.

NRS 459.3809 “Process” defined.

NRS 459.381 “Regulated facility” defined.

NRS 459.38125 “Vessel” defined.

NRS 459.3813 Applicability of statutory provisions and regulations to certain facilities; exemptions.

NRS 459.3814 Applicability of statutory provisions: Excluded activities.

Administration

NRS 459.3816 Designation of highly hazardous substances and explosives: Regulations; amendment.

NRS 459.3818 State Environmental Commission to adopt regulations; Division to administer and enforce statutory 

provisions and regulations; involvement of interested persons; applicability of statutory provisions 

to dealers of liquefied petroleum gas.

NRS 459.3819 Inspections by state and local agencies of facilities where explosives are manufactured, used, 

processed, handled, moved on site or stored.

NRS 459.38195 Investigation of certain accidents: Powers and duties of Division; duty of owner or operator of 

facility to cooperate.

NRS 459.382 Reports of regulatory agencies; review of requirements of regulatory agencies; final authority of 

Division.

NRS 459.3822 Records, reports and other information of facility: Submission by owner or operator of facility; 

availability for public inspection; confidentiality of information protected as trade secret; 

regulations.

NRS 459.3824 Annual fees; Fund for Precaution Against Chemical Accidents.

NRS 459.3829 Permits to construct or commence operation of new process: Requirements; application; regulations; 

fee.

NRS 459.3832 Regulations concerning certification of records, reports and information submitted to Division; 

requirements for signature on certification.

NRS 459.3833 Program to prevent and minimize consequences of accidental release of hazardous substance: 

Delegation of authority and grant of money from Federal Government; regulations.

NRS 459.3834 Unlawful acts; penalties.

Committee to Oversee the Management of Risks

NRS 459.3862 “Committee” defined.

NRS 459.3864 Creation; appointment of members; appointment of Chairman and Cochairman; resources.

NRS 459.3866 Receipt of records and documents; subpoena; informal inquiries; confidentiality of trade secret or 

information; inspection of facility; Attorney General is counsel for Committee; authorization to 

make recommendations to reviewing authority.

NRS 459.3868 Duties.

Enforcement And Penalties

NRS 459.387 Entry into facility to verify compliance with statutory requirements and regulations; issuance of 

order.

NRS 459.3872 Injunctive relief; levy of civil administrative penalty; notice of levy of penalty; request for hearing; 

payment of penalty.

NRS 459.3874 Amount of civil administrative penalties; settlement of claim; imposition of civil penalty.

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REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES 

General Provisions 

 NRS 459.380 Legislative declaration. The Legislature hereby declares that the purposes of NRS 459.380 to 459.3874, inclusive, are to:

 1. Protect the health, safety and general welfare of the residents of this state from the effects of the improper handling of

hazardous chemicals or explosives at the point where:

 (a) The chemicals are produced, used or stored in this state; or

 (b) The explosives are manufactured for sale in this state;

 2. Ensure that the employees of this state who are required to work with hazardous chemicals or explosives are 

guaranteed a safe and healthful working environment;

 3. Protect the natural resources of this state by preventing and mitigating accidental or unexpected releases of hazardous

chemicals into the environment; and

 4. Ensure the safe and adequate handling of:

 (a) Hazardous chemicals that are produced, used, stored or handled in this state; and

 (b) Explosives that are manufactured for sale in this state.

 (Added to NRS by 1991, 1994; A 1999, 1125)

 NRS 459.3802 Definitions. As used in NRS 459.380 to 459.3874, inclusive, unless the context otherwise requires, the 

words and terms defined in NRS 459.3806 to 459.38125, inclusive, have the meanings ascribed to them in those sections.

 (Added to NRS by 1991, 1994; A 1999, 1125, 1919, 2007; 2003, 1595)

 NRS 459.3806 “Division” defined. “Division” means the Division of Environmental Protection of the State Department

of Conservation and Natural Resources.

 (Added to NRS by 1991, 1994)

 NRS 459.38075 “Facility” defined. “Facility” means a building, equipment and contiguous area where:

 1. Highly hazardous substances are produced, used, stored or handled; or

 2. Explosives are manufactured for sale.

 (Added to NRS by 1991, 1994; A 1999, 1125; 2003, 1595)—(Substituted in revision for NRS 459.381)

 NRS 459.3809 “Process” defined. “Process” means:

 1. Any activity that involves a highly hazardous substance or explosive, including, without limitation, the use, storage,

manufacture, handling or on-site movement, or any combination thereof of the substance or explosive.

 2. A group of vessels that are used in connection with such an activity, including vessels that are:

 (a) Interconnected; or

 (b) Separate, but located in such a manner that a highly hazardous substance or explosive could potentially be released,

including, without limitation, the release, fire or explosion in one vessel that could cause a release, fire or explosion in

another vessel.

 3. As used in this section:

 (a) “Explosive” means any material designated as subject to regulation as an explosive pursuant to NRS 459.3816; and

 (b) “Highly hazardous substance” means a substance designated as highly hazardous pursuant to NRS 459.3816.

 (Added to NRS by 1999, 2006; A 2003, 1595)

 NRS 459.38125 “Vessel” defined. “Vessel” means a reactor, tank, drum, barrel, cylinder, vat, kettle, boiler, pipe, hose

or other container.

 (Added to NRS by 1999, 2007)

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NRS 459.3813 Applicability of statutory provisions and regulations to certain facilities; exemptions. 1. Except as otherwise provided in this section and NRS 459.3814, the provisions of NRS 459.380 to 459.3874, 

inclusive, and any regulations adopted pursuant thereto, apply to a facility:

 (a) That is constructing or operating a process which involves a highly hazardous substance in a quantity:

 (1) Equal to or greater than the amount designated pursuant to NRS 459.3816; or

 (2) Less than the amount designated pursuant to NRS 459.3816 if there are two or more releases from the facility of

the same or different highly hazardous substances during any 12-month period and:

 (I) The release of the highly hazardous substances is reportable pursuant to 40 C.F.R. Part 302; or 

 (II) Each quantity released is equal to or greater than a maximum quantity allowable as established by regulation

of the State Environmental Commission; or

 (b) Where explosives are manufactured for sale.

 2. The owner or operator of a facility that is constructing or operating a process described in subsection 1 shall ensure

that each process constructed or operated by the facility complies with the provisions of NRS 459.380 to 459.3874, inclusive, 

and any regulations adopted pursuant thereto.

 3. A facility described in subparagraph (2) of paragraph (a) of subsection 1 is exempt from the provisions of NRS 

459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto if:

 (a) The Division determines that the owner or operator of the facility has complied with such provisions of NRS 459.380

to 459.3874, inclusive, and the regulations adopted pursuant thereto, as the Division requires; and

 (b) The owner or operator of the facility obtains an exemption from the State Environmental Commission. The State

Environmental Commission shall adopt by regulation the procedures for obtaining such an exemption.

 4. As used in this section:

 (a) “Explosive” means any material designated as subject to regulation as an explosive pursuant to NRS 459.3816. (b) “Highly hazardous substance” means a substance designated as highly hazardous pursuant to NRS 459.3816.

 (Added to NRS by 1997, 1396; A 1999, 1126; 2003, 1596)

 NRS 459.3814 Applicability of statutory provisions: Excluded activities. The provisions of NRS 459.380 to 

459.3874, inclusive, do not apply to:

 1. The transportation of any hazardous substances within or through this state which is regulated by the State or the

United States Department of Transportation.

 2. Any final use of anhydrous ammonia for an agricultural purpose, including storage of the substance on the premises of

a farm.

 3. Activities which are regulated pursuant to both 30 U.S.C. §§ 801 et seq. and 42 U.S.C. § 7412(r).

 (Added to NRS by 1991, 1994; A 1993, 149, 837; 1997, 1398; 2003, 1596)

Administration

 NRS 459.3816 Designation of highly hazardous substances and explosives: Regulations; amendment.

 1. The State Environmental Commission shall adopt regulations:

 (a) Designating a list of highly hazardous substances, including, without limitation, any chemical, the release of which

into the environment or the involvement of which in a fire or explosion would produce a significant likelihood that persons

exposed would suffer death or substantial bodily harm as a consequence of the exposure; and

 (b) Designating for each such substance a quantity which requires the regulation of that substance pursuant to NRS 

459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto.

 2. The Division shall regularly examine sources of information available to it, including, without limitation, studies,

guidelines and regulations of the Federal Government and the provisions set forth in 29 U.S.C. § 655 and 42 U.S.C. § 7412

(r), and may propose that the State Environmental Commission add or delete a substance or otherwise amend the list of

substances and quantities adopted pursuant to subsection 1.

 3. The State Environmental Commission shall adopt regulations designating specific materials that are subject to

regulation as explosives pursuant to NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto.

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 4. The Division shall regularly examine sources of information available to it, including, without limitation, studies,

guidelines and regulations of the Federal Government and the provisions set forth in 18 U.S.C. §§ 841, et seq., and shall

consult with the Division of Industrial Relations of the Department of Business and Industry to determine materials that

should be regulated as explosives. The Division may propose that the State Environmental Commission add or delete a

material or otherwise amend the list of materials adopted pursuant to subsection 3.

 (Added to NRS by 1991, 1995; A 1993, 590, 1630; 1997, 1398; 1999, 1116, 1212; 2001, 79; 2003, 1597)

 NRS 459.3818 State Environmental Commission to adopt regulations; Division to administer and enforce

statutory provisions and regulations; involvement of interested persons; applicability of statutory provisions to

dealers of liquefied petroleum gas.

 1. In addition to the regulations required to be adopted pursuant to NRS 459.380 to 459.3874, inclusive, the State 

Environmental Commission shall adopt such other regulations as are necessary to carry out the purposes and enforce the

provisions of NRS 459.380 to 459.3874, inclusive. The regulations must include, without limitation:

 (a) Specifications for the applicability of the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations 

adopted pursuant thereto;

 (b) The establishment of a program for the prevention of accidental releases of chemicals that satisfies the provisions of

the chemical process safety standard set forth pursuant to 29 U.S.C. § 655;

 (c) Provisions necessary to enable the Division to administer and enforce the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto;

 (d) Requirements for the registration of a facility with the Division; and

 (e) Provisions to ensure that the public is involved in the process of evaluating proposed regulatory actions that may

affect the public.

 2. The Division shall:

 (a) Administer and enforce the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant 

thereto; and

 (b) Make every effort to involve advisory councils on hazardous materials, where they exist, the governing bodies of local

governments and other interested persons in explaining actions taken pursuant to those sections and the regulations adopted

pursuant thereto.

 3. The State Environmental Commission must apply the provisions of NRS 459.380 to 459.3874, inclusive, to dealers of

liquefied petroleum gas who sell, fill, refill, deliver or are permitted to deliver any liquefied petroleum gas in a manner that is

consistent with 42 U.S.C. § 7412(r)(4)(B).

 4. As used in this section, “liquefied petroleum gas” has the meaning ascribed to it in NRS 590.475. (Added to NRS by 1991, 1998; A 2003, 1601)

 NRS 459.3819 Inspections by state and local agencies of facilities where explosives are manufactured, used,

processed, handled, moved on site or stored.

 1. The Division shall enter into cooperative agreements with state and local agencies to provide inspections of facilities

where explosives are manufactured, or where an explosive is used, processed, handled, moved on site or stored in relation to

its manufacture. The Division shall schedule the inspections in such a manner as to provide an opportunity for participation

by:

 (a) A representative of the fire-fighting agency that exercises jurisdiction over the facility;

 (b) A representative of the law enforcement agency that exercises jurisdiction over the facility; and

 (c) Representatives of the Division and any other state agency responsible for minimizing risks to persons and property

posed by such facilities.

 2. The owner or operator of such a facility shall make the facility available for the inspections required by this section at

such times as are designated by the Division.

 3. Any inspection of a facility conducted pursuant to this section is in addition to, and not in lieu of, any other inspection

of the facility required or authorized by state statute or regulation, or local ordinance.

 4. Notwithstanding any provision of this section to the contrary, the provisions of this section do not apply to the mining

industry.

 (Added to NRS by 1999, 1918; A 2003, 1601)

 NRS 459.38195 Investigation of certain accidents: Powers and duties of Division; duty of owner or operator of

facility to cooperate.

 1. The Division may investigate an accident occurring in connection with a process that involves one or more highly

hazardous substances or explosives at a facility which results in an uncontrolled emission, fire or explosion and which

presented an imminent and substantial danger to the health of the employees of the facility, the public health or the

environment, to determine the cause of the accident if the owner or operator of the facility:

 (a) Is unwilling to commence and has not commenced an investigation in a timely manner; or

 (b) Is not capable of and has not retained expertise capable of conducting an investigation.

 2. If the Division chooses to conduct such an investigation, the owner or operator of the facility shall, in a manner

consistent with the safety of the employees of the Division and the facility, and without placing an undue burden on the

operation of the facility, cooperate with the Division by:

 (a) Allowing the Division:

 (1) To investigate the accident site and directly related facilities, including, without limitation, control rooms;

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 (2) To examine physical evidence; and

 (3) If practicable, to inspect equipment both externally and internally;

 (b) Providing the Division with pertinent documents; and

 (c) Allowing the Division to conduct independent interviews of the employees of the facility, subject to all rights of the

facility and the employees to be represented by legal counsel, management representatives and union representatives during

the interviews.

 3. To the maximum extent feasible, the Division shall coordinate any investigation it conducts pursuant to this section

with investigations conducted by other agencies with jurisdiction over the facility to minimize any adverse impact on the

facility and its employees.

 4. The Division may contract for the services of a technical expert in conducting an investigation pursuant to this section

and may recover its costs for such services from the owner or operator of the facility.

 5. If an investigation is conducted by the Division pursuant to this section, all costs incurred by the Division in

conducting the investigation, including, without limitation, the costs of services provided pursuant to subsection 4, may be

recovered by the Division from the owner or operator of the facility at which the accident occurred.

 6. The State Environmental Commission may adopt regulations setting forth the procedures governing an investigation

conducted by the Division pursuant to this section and the procedures for the recovery by the Division of all costs incurred by

the Division in conducting the investigation.

 (Added to NRS by 2003, 1594)

 NRS 459.382 Reports of regulatory agencies; review of requirements of regulatory agencies; final authority of

Division.

 1. The Health Division of the Department of Human Resources, the Division of Industrial Relations of the Department of

Business and Industry and any other governmental entity or agency of the State responsible for minimizing risks to persons

and property posed by facilities and hazardous substances shall submit to the Division of Environmental Protection such

reports as the Division deems necessary to carry out the provisions of NRS 459.380 to 459.3874, inclusive, and any 

regulations adopted pursuant thereto. The reports must be submitted at such times and contain such information as required

by the Division.

 2. The State Environmental Commission shall adopt by regulation common reporting forms to be used by such

governmental entities and agencies when reporting information related to hazardous substances and facilities.

 3. The Division shall review the rules, regulations, standards, codes and safety orders of other governmental entities and

agencies of the State responsible for minimizing risks to persons and property posed by facilities and hazardous substances to

ensure that they are sufficient to carry out the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted 

pursuant thereto.

 4. If the Division and any other governmental entity or agency of the State have coexisting jurisdiction over the

regulation of facilities or hazardous substances located at such facilities, the Division has the final authority to take such

actions as are necessary to carry out the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted 

pursuant thereto.

 (Added to NRS by 1991, 1998; A 1993, 594, 1634; 2003, 1602)

 NRS 459.3822 Records, reports and other information of facility: Submission by owner or operator of facility;

availability for public inspection; confidentiality of information protected as trade secret; regulations.

 1. The owner or operator of a facility shall, upon request, submit any records, reports or other information to the Division

that the Division deems necessary to administer and enforce the provisions of NRS 459.380 to 459.3874, inclusive, and any 

regulations adopted pursuant thereto.

 2. Except as otherwise provided in this section, any records, reports or other information obtained pursuant to NRS 

459.380 to 459.3874, inclusive, or any regulation adopted pursuant thereto must be made available to the public for

inspection and copying.

 3. The Division shall protect the confidentiality of any information obtained by the Division, including, without

limitation, any information obtained through an observation made by the Division during a visit to a facility if:

 (a) The owner or operator of the facility from which the information was obtained or which was visited requests such

protection; and

 (b) The information satisfies the conditions for protection as a trade secret pursuant to subsection 4.

 4. Information is entitled to protection as a trade secret under this section only if:

 (a) The information has not been disclosed to any other person, other than a member of a local emergency planning

committee, an officer or employee of the United States or a state or local government, an employee of such a person, or a

person who is bound by an agreement of confidentiality, and the owner or operator of the facility has taken reasonable

measures to protect the confidentiality of the information and intends to continue to take such measures;

 (b) The information is not required to be disclosed, or otherwise made available, to the public under any other federal or

state law;

 (c) Disclosure of the information is likely to cause substantial harm to the competitive position of the owner or operator

of the facility; and

 (d) The chemical identity of a substance, if that is the information, is not readily discoverable through analysis of the

product containing it or scientific knowledge of how such a product must be made.

 5. The State Environmental Commission shall adopt regulations for the protection of the confidentiality of information

entitled to protection as a trade secret pursuant to this section.

 6. The person requesting the copy or copies of the public records, shall tender or pay to the Division such fee as may be

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prescribed for the service of copying.

 (Added to NRS by 1991, 2008; A 2003, 1603)

 NRS 459.3824 Annual fees; Fund for Precaution Against Chemical Accidents.

 1. The owner or operator of a facility shall pay to the Division an annual fee based on the fiscal year. The annual fee for

each facility is the sum of a base fee set by the State Environmental Commission and any additional fee imposed by the

Commission pursuant to subsection 2. The annual fee must be prorated and may not be refunded.

 2. The State Environmental Commission may impose an additional fee upon the owner or operator of a facility in an

amount determined by the Commission to be necessary to enable the Division to carry out its duties pursuant to NRS 459.380

to 459.3874, inclusive, and any regulations adopted pursuant thereto. The additional fee must be based on a graduated

schedule adopted by the Commission which takes into consideration the quantity of hazardous substances located at each

facility.

 3. After the payment of the initial annual fee, the Division shall send the owner or operator of a facility a bill in July for

the annual fee for the fiscal year then beginning which is based on the applicable reports for the preceding year.

 4. The State Environmental Commission may modify the amount of the annual fee required pursuant to this section and

the timing for payment of the annual fee:

 (a) To include consideration of any fee paid to the Division for a permit to construct a new process or commence

operation of a new process pursuant to NRS 459.3829; and

 (b) If any regulations adopted pursuant to NRS 459.380 to 459.3874, inclusive, require such a modification.

 5. The owner or operator of a facility shall submit, with any payment required by this section, the business license

number assigned by the Department of Taxation upon compliance by the owner with NRS 360.780.

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 6. All fees fines, penalties and other money collected pursuant to NRS 459.380 to 459.3874, inclusive, and any 

regulations adopted pursuant thereto, other than a fine collected pursuant to subsection 3 of NRS 459.3834, must be 

deposited with the State Treasurer for credit to the Fund for Precaution Against Chemical Accidents, which is hereby created

as a special revenue fund. All interest earned on the money in the Fund must be credited to the Fund.

 (Added to NRS by 1991, 1999; A 1993, 907; 1999, 1126, 2007; 2003, 346, 1604; 2003, 20th Special Session, 207) 

 NRS 459.3829 Permits to construct or commence operation of new process: Requirements; application;

regulations; fee.

 1. No owner or operator of a facility may commence construction or operation of any new process that will be subject to

regulation pursuant to NRS 459.380 to 459.3874, inclusive, or any regulation adopted pursuant thereto, unless he first obtains

all appropriate permits from the Division to construct the new process and commence operation of the new process. Before

issuing any such permits, the Division of Environmental Protection shall consult with the Division of Industrial Relations of

the Department of Business and Industry.

 2. An application for such a permit must be submitted on a form prescribed by the Division of Environmental Protection.

 3. The State Environmental Commission shall adopt regulations establishing the requirements for the issuance of a

permit pursuant to this section. An applicant shall comply with requirements that the State Environmental Commission

establishes by regulation for the issuance of a permit before the applicant may receive a permit from the Division for the

construction and operation of the process.

 4. The Division may charge and collect a fee for the issuance of such a permit.

 (Added to NRS by 1999, 2007; A 2003, 346, 1605)

 NRS 459.3832 Regulations concerning certification of records, reports and information submitted to Division;

requirements for signature on certification.

 1. The State Environmental Commission shall adopt regulations setting forth:

 (a) The records, reports and information submitted to the Division which must contain a certification; and

 (b) The requirements of such certifications.

 2. Each certification must be signed by the sole proprietor of the facility, the highest ranking corporate officer or partner

at the facility, the manager of the facility, or a person designated by any one of those persons to sign the certification.

 (Added to NRS by 1991, 2001; A 2003, 1605)

 NRS 459.3833 Program to prevent and minimize consequences of accidental release of hazardous substance:

Delegation of authority and grant of money from Federal Government; regulations.

 1. The State Department of Conservation and Natural Resources may, in accordance with the authority granted to it

pursuant to NRS 445B.205, apply for and accept any delegation of authority and any grant of money from the Federal

Government for the purpose of establishing and carrying out a program to prevent and minimize the consequences of the

accidental release of hazardous substances in accordance with the provisions of 42 U.S.C. § 7412(r).

 2. The State Environmental Commission may adopt regulations necessary to establish and carry out such a program.

 (Added to NRS by 1997, 1397; A 2003, 1605) 

 NRS 459.3834 Unlawful acts; penalties.

 1. A person shall not knowingly:

 (a) Violate any provision of NRS 459.380 to 459.3874, inclusive, or any regulation adopted pursuant thereto;

 (b) Make any false material statement, representation or certification in any required form, notice or report; or

 (c) Render inaccurate any required monitoring device or method.

 2. Except as otherwise provided in subsection 3, a person who violates subsection 1 shall be punished by a fine of not

more than $25,000 per day of the violation, and each day on which the violation continues constitutes a separate and distinct

violation.

 3. A person who violates subsection 1 in a manner that contributes to the substantial bodily harm or death of any person

is guilty of a category D felony and shall be punished as provided in NRS 193.130, or by a fine of not more than $50,000 for

each day of the violation, or by both fine and the punishment provided in NRS 193.130.

 (Added to NRS by 1997, 1398; A 2003, 1606)

Committee to Oversee the Management of Risks

 NRS 459.3862 “Committee” defined. As used in NRS 459.3862 to 459.3868, inclusive, unless the context otherwise 

requires, “Committee” means a Committee to Oversee the Management of Risks, created pursuant to NRS 459.3864.

 (Added to NRS by 1991, 2006)

 NRS 459.3864 Creation; appointment of members; appointment of Chairman and Cochairman; resources.

 1. When there is an accident which poses a significant danger to public health and safety, or a near accident of this

nature, in a facility or a group of facilities, or when the Governor declares that a Committee to Oversee the Management of

Risks in a facility, or group of facilities, would be in the best interests of the public health and safety, the Governor shall

create such a Committee for the facility or group of facilities which may represent a catastrophic threat to public health and

safety.

 2. To the extent practicable, the Governor shall appoint the members of the Committee from the membership of the State

Emergency Response Commission.

 3. The Governor shall appoint to the Committee at least three persons who represent the facility or group of facilities

which may represent a catastrophic threat to public health and safety.

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 4. The Governor shall appoint the Chairman and may appoint a Cochairman of the Committee from among the members.

 5. The Division shall provide to the Committee necessary resources such as clerical assistance and funding sufficient for

the Committee to perform its duties.

 (Added to NRS by 1991, 2006)

 NRS 459.3866 Receipt of records and documents; subpoena; informal inquiries; confidentiality of trade secret or

information; inspection of facility; Attorney General is counsel for Committee; authorization to make

recommendations to reviewing authority.

 1. After giving reasonable notice to the facility it oversees and after making arrangements to ensure that the normal

operations of the facility will not be disrupted, a Committee is entitled to receive from the facility such records and

documents as the Committee demonstrates are required to carry out its duties. The Committee is entitled to receive only those

records and documents which cannot be obtained from the Division.

 2. A Committee is entitled to receive from any governmental entity or agency records, documents and other materials

relevant to the Committee’s review and evaluation of the facility to carry out its duties.

 3. In carrying out its duties a Committee and the Attorney General may, by subpoena, require the attendance and

testimony of witnesses and the production of reports, papers, documents and other evidence which they deem necessary.

Before obtaining such a subpoena, the Committee or the Attorney General shall request the attendance of the witness or the

production of the reports, papers, documents or other evidence. If the person to whom the request is made fails or refuses to

attend or produce the reports, documents or other evidence, the Committee and the Attorney General may obtain the

subpoena requiring him to do so.

 4. In carrying out its duties, a Committee may make informal inquiry of persons or entities with knowledge relevant to

the Committee’s review and evaluation of the facility it oversees. Any Committee which makes such informal inquiries shall

advise the facility of those inquiries and of the results of the inquiries.

 5. If the owner or operator of a facility claims that the disclosure of information to a Committee will reveal a trade secret

or confidential information, the owner or operator must specifically identify such information as confidential. When such an

identification has been made, theCommittee shall protect the confidentiality of the trade secret or information if the trade

secret or information would be entitled to protection pursuant to NRS 459.3822. 6. A Committee or its authorized representative may, to carry out its duties, enter and inspect the facility overseen, its

records and other relevant materials. Before such an inspection is made, the Committee shall provide reasonable notice to the

facility. The inspection must be conducted in such a manner as to ensure that the operations of the facility will not be

disrupted.

 7. The Attorney General is counsel and attorney to each Committee for the purposes of carrying out its duties and

powers.

 8. The members of a Committee may make public comment with regard to their review and evaluation of the facility it

oversees. At least 24 hours before making any formal comment, the Committee shall advise the facility of its intention to do

so and provide the facility with a summary of the comments that will be made.

 9. A Committee may review and make recommendations to the reviewing authority as to any applications for permits to

construct, substantially alter or operate submitted by a facility which has been the subject of the Committee’s review and 

evaluation.

 (Added to NRS by 1991, 2007; A 2003, 1607)

 NRS 459.3868 Duties.

 1. A Committee shall conduct a comprehensive review and evaluation of the following with respect to each facility

within its jurisdiction:

 (a) The degree of compliance with NRS 459.380 to 459.3874, inclusive, the applicable fire codes, the regulations, 

standards and safety orders of the Division of Industrial Relations of the Department of Business and Industry, the rules,

regulations and standards of the State Environmental Commission and any other standards adopted by the Federal

Government, State of Nevada or local governments and their respective agencies for the health and safety of persons and

property which may be at risk if those rules, regulations, standards, codes and safety orders are not complied with;

 (b) The effectiveness of the respective governmental entities and their agencies’ enforcement of their respective rules, 

regulations, standards, codes and safety orders; and

 (c) The adequacy and effectiveness of the plans for response to emergencies adopted for the area in which the facility is

located in responding to risks posed to the persons and property located within the zone of risk.

 2. A Committee shall exercise its best efforts to facilitate cooperation among the various governmental entities and

agencies responsible for minimizing risks to persons and property posed by the facility within its jurisdiction and the

effective enforcement of the various governmental entities’ and agencies’ rules, regulations, standards, codes and safety 

orders. A Committee shall cooperate to the extent necessary with other committees and governmental agencies to minimize

the duplication of records, reports or other information.

 3. A Committee shall issue a final report of its comprehensive review and evaluation together with any

recommendations. A Committee shall make such interim reports as it or the Governor may deem in the public interest. The

Division shall distribute the reports to the Governor, members of the Committee, local governments within the zone of risk,

the various governmental agencies whose rules, regulations, standards, codes or safety orders were the subject of the

Committee’s review and evaluation, and the local media. Copies of the final written report must be made available to the

public for purchase at cost of reproduction. All interim reports must be distributed forthwith in the same manner as annual

written reports.

 (Added to NRS by 1991, 2007; A 1993, 595, 1634)

Enforcement and Penalties

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 NRS 459.387 Entry into facility to verify compliance with statutory requirements and regulations; issuance of

order.

 1. The Division may enter any facility:

 (a) During normal business hours; and

 (b) At any other time if there is probable cause to believe that a violation of any of the provisions of NRS 459.380 to 

459.3874, inclusive, or any regulation adopted pursuant thereto, has occurred,

¬to verify compliance with the provisions of NRS 459.380 to 459.3874, inclusive, any regulation adopted pursuant thereto 

and the quality of all work performed pursuant to those sections, except that the owner or operator of a facility need not

employ any personnel solely to assure access to the facility by the Division when this access would otherwise be impossible.

 2. The State Environmental Commission shall adopt regulations establishing requirements for:

 (a) The inspection of a facility; and

 (b) The report of a record of inspection.

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 3. If the Administrator of the Division finds that any person is engaging, is about to engage or has engaged in an act or

practice that violates any provision of NRS 459.380 to 459.3874, inclusive, any regulation adopted pursuant thereto, or any 

term or condition of a permit issued by the Division pursuant to NRS 459.380 to 459.3874, inclusive, the Administrator may 

issue an order:

 (a) Specifying the provision, regulation, term or condition that is alleged to have been violated or which is about to be

violated;

 (b) Setting forth the facts alleged to constitute the violation;

 (c) Prescribing any corrective action that must be taken and a reasonable time within which that action must be taken; and

 (d) Requiring the person to whom the order is directed to appear before the Administrator or a hearing officer to show

cause why the Division should not commence an action for appropriate relief.

 4. If the Administrator finds that the handling of a highly hazardous substance or explosive at a facility presents an

imminent and substantial threat to human health or the environment, the Administrator may, after the Division has inspected

the site and after the Administrator has had a consultation with the owner or operator of the facility and the owner or operator

fails to correct the threat, issue an order requiring the owner or operator of the facility to take necessary steps to prevent the

act or eliminate the practice that constitutes the threat.

 (Added to NRS by 1991, 1998; A 2003, 1607)

 NRS 459.3872 Injunctive relief; levy of civil administrative penalty; notice of levy of penalty; request for hearing;

payment of penalty.

 1. If any person violates any of the provisions of NRS 459.380 to 459.3834, inclusive, or 459.387, or any regulation or

order adopted or issued pursuant thereto, the Division may institute a civil action in a court of competent jurisdiction for

injunctive or any other appropriate relief to prohibit and prevent the violation and the court may proceed in the action in a

summary manner.

 2. Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person who violates a provision of NRS 

459.380 to 459.3834, inclusive, or 459.387, or any regulation or order adopted pursuant thereto, is liable to a civil

administrative penalty as set forth in NRS 459.3874. If the violation is of a continuing nature, each day during which it

continues constitutes an additional, separate and distinct offense. No civil administrative penalty may be levied until after

notification to the violator by certified mail or personal service. The notice must include a reference to the section of the

statute, regulation, order or condition of a permit violated, a concise statement of the facts alleged to constitute the violation,

a statement of the amount of the civil penalties to be imposed and a statement of the violator’s right to a hearing. The violator

has 20 days after receipt of the notice within which to deliver to the Division a written request for a hearing. After the hearing

if requested, and upon a finding that a violation has occurred, the Administrator of the Division may issue a final order and

assess the amount of the fine. If no hearing is requested, the notice becomes a final order upon the expiration of the 20-day 

period. Payment of the penalty is due when a final order is issued or when the notice becomes a final order. The authority to

levy a civil administrative penalty is in addition to all other provisions for enforcement of NRS 459.380 to 459.387, 

inclusive, and the payment of a civil administrative penalty does not affect the availability of any other provision for

enforcement in connection with the violation for which the penalty is levied.

 (Added to NRS by 1991, 2008; A 1997, 1081; 1999, 1131, 2008; 2003, 1609)

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 NRS 459.3874 Amount of civil administrative penalties; settlement of claim; imposition of civil penalty.

 1. The civil administrative penalties are:

Category of Offense Penalty in U.S. Dollars

A. Failure to register a new or existing facility:.............. $25,000 plus $2,000 per day

 from the due date

B. Failure to pay the fee required pursuant to NRS 459.3824:. 75 percent of the fee

C. Failure to provide information requested by the Division:........................ $25,000

D. Failure to grant access to employees or agents of the Division for 

inspections: 

$25,000

E. Failure to provide information or grant access to employees or agents of the Division 

during an emergency:................................................................ $50,000

F. Falsification of information submitted to the Division:up to $10,000 per incident

G. Failure to obtain a permit for the construction of a new facility:.............. $25,000

H. Failure to comply with a regulation adopted pursuant to NRS 459.380 to 459.3874, 

inclusive, other than a regulation for which a civil administrative penalty is set forth 

in category A to G, inclusive:......... .$10,000 per incident

The civil administrative penalty prescribed in category H may be assessed for each regulatory provision that is violated. The

civil administrative penalty prescribed in category G may be assessed against a contractor who is constructing the facility

only if the contractor is contractually responsible for obtaining all appropriate permits for the construction of the facility and

the contractor knows or has reason to know the planned use of the facility.

 2. The Division may compromise and settle any claim for any penalty as set forth in this section in such amount in the

discretion of the Division as may appear appropriate and equitable under all of the circumstances, including the posting of a

performance bond by the violator. If a violator is subject to the imposition of more than one civil administrative penalty for

the same violation, the Division shall compromise and settle the claim for the penalty as set forth in this section in such

amount as to avoid the duplication of penalties.

 3. No penalty may be imposed pursuant to this section for the failure to perform a required act within the time required if

the delay was caused by a natural disaster or other circumstances which are beyond the control of the violator.

 4. Any person who violates any of the provisions of NRS 459.380 to 459.3834, inclusive, or 459.387, or any regulation 

or order adopted or issued pursuant thereto, or an administrative order issued pursuant to subsection 2 of NRS 459.3872 or a 

court order issued pursuant to subsection 1 of NRS 459.3872, or who fails to pay a civil administrative penalty in full is

subject, upon order of the court, to a civil penalty not to exceed $10,000 per day of the violation, and each day’s continuance

of the violation constitutes a separate and distinct violation. Any penalty imposed pursuant to this subsection may be

recovered with costs in a summary proceeding by the Attorney General.

 (Added to NRS by 1991, 2009; A 1999, 1131, 2009; 2003, 1609)

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NAC 459 - i 

REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES 

General Provisions 

459.952 Definitions. 

459.95211 “Accidental release” defined. 

459.95213 “Active mitigation” defined. 

459.95215 “Administrative controls” defined. 

459.95225 “C.A.P.P.” defined. 

459.9523 “C.A.S.” defined. 

459.95235 “Catastrophic release” defined. 

459.9524 “Division” defined. 

459.95242 “Emergency response program” defined. 

459.95244 “Endpoint” defined. 

459.95246 “Environmental receptor” defined. 

459.952465 “Explosive” defined. 

459.95247 “Explosives manufacturing operation” defined. 

459.95248 “Facility” defined. 

459.9525 “Field gas” defined. 

459.95251 “First responding fire station” defined. 

459.95252 “Hazard assessment” defined. 

459.95253 “Hazardous materials response station” defined. 

459.95255 “Highly hazardous substance” defined. 

459.95256 “Hot work” defined. 

459.95259 “Local building official” defined. 

459.95263 “Medical treatment” defined. 

459.95265 “Mitigation” and “mitigation system” defined. 

459.95267 “N.A.I.C.S.” defined. 

459.95269 “Natural gas processing plant” defined. 

459.952695 “New process” defined. 

459.95271 “N.F.P.A.” defined. 

459.95273 “Off-site” defined. 

459.95275 “Owner or operator” defined. 

459.95277 “Passive mitigation” defined. 

459.95279 “Prevention program” defined. 

459.95281 “Process” defined. 

459.95283 “Process hazard analysis” defined. 

459.95285 “Produced water” defined. 

459.95289 “Public” defined. 

459.95291 “Public receptor” defined. 

459.95292 “Replacement in kind” defined. 

459.95297 “Threshold quantity” defined. 

459.95312 “Vessel” defined. 
NAC 459 - ii 

Applicability of Program 

459.95321 Determination by owner or operator. 

459.95323 Criteria for determination. 

Table of Substances 

459.9533 Tabulated values for threshold quantity, two release quantity and toxic 

endpoints; classification of substance as explosive. 

General Requirements 

459.95332 Duties of owner or operator of facility. 

459.95333 Change in ownership of facility. 

459.95334 Annual fee. 

459.953345 Annual fees for facility with explosives manufacturing operation. 

459.95335 Exemption from payment of certain annual fees. 

459.95337 Certification of required documents. 

459.95341 Management system; implementation plan. 

459.95344 Reports of regulatory agencies. 

Permits 

459.95345 Permit required for construction; preliminary meeting with Division. 

459.953451 Application for permit to construct: Submission; contents; requirements for 

accompanying documents, specifications and calculations. 

459.953455 Contents of application for permit to construct: Process hazard analysis; 

information concerning process safety. 

459.953457 Contents of application for permit to construct: Site plan; plot plans of 

project area; diagrams; drawings. 

459.953459 Contents of application for permit to construct: Specifications. 

459.95346 Contents of application for permit to construct: Calculations. 

459.953461 Contents of application for permit to construct: Information concerning 

inspectors for construction of process pipes, concrete foundations and 

structural steel. 

459.953463 Initial review of application for permit to construct; notification of 

applicant concerning completeness of application. 

459.953465 Notice of receipt of application for permit to construct; period for public 

comment; action by Division after period of public comment. 

459.953467 Conditions for issuance of permit to construct; approval of site plan; certain 

modifications in construction to be reflected in pre-start-up safety 

review. 

459.953469 Commencement of construction before issuance of permit to construct. 

459.95347 Maintenance and availability of information during construction activity; 

revised schedule for construction upon issuance of permit to construct. 

459.953471 Permit to operate: Requirements to commence operation or to bring highly 

hazardous substances or explosives onto site of new process. 

459.953473 Permit to operate: Conditions for issuance; notification of Division when 

certain requirements are satisfied. 

459.953475 Fees; request for Division to cease evaluation for permit. 

Registration 

459.95348 General requirements. 

459.9535 Annual registration: Information concerning facility. 

459.95354 Annual registration: Accident history of facility. 
NAC 459 - iii 

Hazard Assessments 

459.95364 Parameters for analysis of off-site consequences. 

459.95366 Analysis of worst-case scenarios. 

459.95368 Analysis of alternative release scenarios. 

459.9537 Estimation of population potentially affected. 

459.95372 Definition of environmental receptors. 

459.95374 Review and update of off-site consequence analyses; revised analyses. 

459.95376 Documentation to be maintained concerning worst-case release scenarios 

and alternative release scenarios. 

Prevention Programs 

459.95412 Compilation of information concerning process safety. 

459.95414 Process hazard analysis. 

459.95416 Operating procedures. 

459.95418 Training procedures. 

459.95421 Procedures for maintenance of equipment. 

459.95423 Procedures for management of certain changes. 

459.95425 Pre-start-up safety review. 

459.95427 Evaluation and documentation of compliance. 

459.95429 Investigation of incidents; incident reports; corrective action. 

459.95431 Employee participation. 

459.95433 Hot work permits. 

459.95435 Duties of owner or operator concerning contractors; duties of contractors. 

Emergency Response Programs 

459.9544 Compliance; exemption. 

459.95442 Establishment and implementation; review and coordination; written 

program. 

Two or More Releases From Facility 

459.95486 Prerequisites for exemption of process from C.A.P.P.; continued 

compliance. 

459.95488 Grant of exemption from C.A.P.P.: Procedure; considerations. 

Revalidation of Process Hazard Analysis 

459.9549 General requirements; new analysis in lieu of revalidation. 

459.95496 Current process safety information and hazard assessment. 

459.95498 Current procedures and programs. 

459.955 Consideration of incidents; recommendations for correction of deficiencies. 

Administration and Enforcement 

459.9552 Site inspections. 

459.95521 Investigation of accidents. 

459.95523 Protection of confidentiality of certain information. 

459.95526 Administration and enforcement of certain federal regulations. 

459.95528 Adoption by reference of certain codes and standards. 
NAC 459 - 1 

REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES 

General Provisions 

 NAC 459.952 Definitions. (NRS 459.3818) As used in NAC 459.952 to 459.95528, 

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

459.95211 to 459.95312, inclusive, have the meanings ascribed to them in those sections. 

 (Added to NAC by Div. of Environmental Protec., eff. 7-10-92; A by Environmental 

Comm’n by R121-98, 5-27-99; R041-01, 10-25-2001; R137-04, 2-15-2005) 

 NAC 459.95211 “Accidental release” defined. (NRS 459.3818)

 1. “Accidental release” means: 

 (a) An unintentional discharge from a process of any amount of a highly hazardous 

substance into the air, water or land, including, without limitation, any unintentional 

discharges within a building that encloses a process; or 

 (b) A fire or an explosion at a facility involving a highly hazardous substance or 

explosive. 

 2. The term does not include emissions of highly hazardous substances from piping 

component threaded connections, valve and equipment packing, or malfunctioning 

pollution control devices unless such an emission would qualify as a catastrophic release. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R041-01, 

10-25-2001; R137-04, 2-15-2005) 

 NAC 459.95213 “Active mitigation” defined. (NRS 459.3818) “Active mitigation” 

means equipment, devices or technologies that work with human, mechanical or other 

sources of energy, and function to contain or minimize the consequences of an accidental 

release. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99) 

 NAC 459.95215 “Administrative controls” defined. (NRS 459.3818) 

“Administrative controls” means written procedural mechanisms that are used to control 

a hazard. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99) 

 NAC 459.95225 “C.A.P.P.” defined. (NRS 459.3818) “C.A.P.P.” means the 

Chemical Accident Prevention Program for the State of Nevada and encompasses the 

provisions of NRS 459.380 to 459.3874, inclusive, and NAC 459.952 to 459.95528, 

inclusive. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.9523 “C.A.S.” defined. (NRS 459.3818) “C.A.S.” means the Chemical 

Abstracts Service. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99) 
NAC 459 - 2 

 NAC 459.95235 “Catastrophic release” defined. (NRS 459.3818) “Catastrophic 

release” means an uncontrolled emission, fire or explosion involving one or more highly 

hazardous substances or explosives that presents imminent and substantial endangerment 

to the health of the employees, the public health or the environment. The term includes 

events that occur within a building or other structure that contains the substance or 

explosive. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R041-01, 

10-25-2001; R137-04, 2-15-2005) 

 NAC 459.9524 “Division” defined. (NRS 459.3818) “Division” means the Division 

of Environmental Protection of the State Department of Conservation and Natural 

Resources. 

 (Added to NAC by Div. of Environmental Protec., eff. 7-10-92) 

 NAC 459.95242 “Emergency response program” defined. (NRS 459.3818) 

“Emergency response program” means the procedures and practices that are developed 

and implemented pursuant to NAC 459.9544 and 459.95442. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R041-01, 

10-25-2001; R137-04, 2-15-2005) 

 NAC 459.95244 “Endpoint” defined. (NRS 459.3818) “Endpoint” means the toxic 

concentration, ambient overpressure, radiant heat level or lowest flammable gas 

concentration achieved at the outer geographical boundary of the off-site consequence 

analysis. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99) 

 NAC 459.95246 “Environmental receptor” defined. (NRS 459.3818) 

“Environmental receptor” means: 

 1. A national or state park, forest or monument; 

 2. An officially designated wildlife sanctuary, preserve, refuge or area; or 

 3. A federal wilderness area, 

¬ which can be identified on a local map prepared by the United States Geological 

Survey and which could be exposed to toxic concentrations, radiant heat or overpressure 

greater than or equal to the endpoints set forth in NAC 459.95364 as a result of an 

accidental release. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99) 

 NAC 459.952465 “Explosive” defined. (NRS 459.3818) “Explosive” means a 

chemical classified as an explosive pursuant to subsections 2 and 3 of NAC 459.9533. 

 (Added to NAC by Environmental Comm’n by R137-04, eff. 2-15-2005) 
NAC 459 - 3 

 NAC 459.95247 “Explosives manufacturing operation” defined. (NRS 459.3818) 

“Explosives manufacturing operation” means a process that involves the manufacture of 

explosives for sale even if highly hazardous substances are also used in the explosives 

manufacturing operation. The term includes the manufacture of devices containing 

explosives and explosive storage sites that are incidental to the manufacture of explosives 

for sale. 

 (Added to NAC by Environmental Comm’n by R041-01, eff. 10-25-2001; A by R137-

04, 2-15-2005) 

 NAC 459.95248 “Facility” defined. (NRS 459.3818) “Facility” has the meaning 

ascribed to it in NRS 459.38075. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.9525 “Field gas” defined. (NRS 459.3818) “Field gas” means gas that is 

extracted from a production well before the gas enters a natural gas processing plant. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99) 

 NAC 459.95251 “First responding fire station” defined. (NRS 459.3818) “First 

responding fire station” means the local fire department station that typically responds to 

emergency calls from a facility and is usually the station that is first on the scene during 

an emergency. 

 (Added to NAC by Environmental Comm’n by R137-04, eff. 2-15-2005) 

 NAC 459.95252 “Hazard assessment” defined. (NRS 459.3818) “Hazard 

assessment” means an evaluation of the potential on-site and off-site consequences of an 

accidental release that an owner or operator develops pursuant to NAC 459.95364 to 

459.95376, inclusive. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.95253 “Hazardous materials response station” defined. (NRS 

459.3818) “Hazardous materials response station” means a local fire department station 

that is equipped and trained to provide a hazardous materials response to a facility in 

accordance with 29 C.F.R. § 1910.120(q). 

 (Added to NAC by Environmental Comm’n by R137-04, eff. 2-15-2005) 

 NAC 459.95255 “Highly hazardous substance” defined. (NRS 459.3818) “Highly 

hazardous substance” means a chemical listed in subsection 1 of NAC 459.9533, 

regardless of the amount or quantity of the chemical present. 

 (Added to NAC by Environmental Comm’n by R137-04, eff. 2-15-2005) 

 NAC 459.95256 “Hot work” defined. (NRS 459.3818) “Hot work” means work 

involving electric or gas welding, cutting, brazing, or similar flame-producing or sparkproducing operations. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99) 
NAC 459 - 4 

 NAC 459.95259 “Local building official” defined. (NRS 459.3818) “Local building 

official” means the governmental entity charged with the administration and enforcement 

of local building codes. 

 (Added to NAC by Environmental Comm’n by R041-01, eff. 10-25-2001) 

 NAC 459.95263 “Medical treatment” defined. (NRS 459.3818) “Medical 

treatment” means treatment, other than first aid, that is administered by a physician or 

other personnel pursuant to standing orders from a physician. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99) 

 NAC 459.95265 “Mitigation” and “mitigation system” defined. (NRS 459.3818) 

“Mitigation” or “mitigation system” means activities, technologies or equipment 

specifically designed or deployed to: 

 1. Capture or control a substance upon loss of containment in order to minimize 

exposure of the employee, the public or the environment; or 

 2. Minimize the impact of a fire or explosion on the employee, the public or the 

environment. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.95267 “N.A.I.C.S.” defined. (NRS 459.3818) “N.A.I.C.S.” means the 

North American Industry Classification System. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99) 

 NAC 459.95269 “Natural gas processing plant” defined. (NRS 459.3818) “Natural 

gas processing plant” means a processing site that: 

 1. Is engaged in: 

 (a) The extraction of natural gas liquids from field gas; 

 (b) The fractionation of mixed natural gas liquids to natural gas products; or 

 (c) Both extraction and fractionation; and 

 2. Is classified as N.A.I.C.S. code 211112, which is adopted by reference pursuant to 

NAC 459.95528. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99) 

 NAC 459.952695 “New process” defined. (NRS 459.3818) “New process” means a 

process that has been, or will be, installed at a facility and will be in operation for the first 

time at that location. The term includes, without limitation, a new explosives 

manufacturing operation. 

 (Added to NAC by Environmental Comm’n by R041-01, eff. 10-25-2001) 

 NAC 459.95271 “N.F.P.A.” defined. (NRS 459.3818) “N.F.P.A.” means the 

National Fire Protection Association. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99) 

 
NAC 459 - 5 

 NAC 459.95273 “Off-site” defined. (NRS 459.3818) “Off-site” means an area: 

 1. Beyond the property boundary of the facility; and 

 2. Within the property boundary to which the public has routine and unrestricted 

access during or outside business hours. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99) 

 NAC 459.95275 “Owner or operator” defined. (NRS 459.3818) “Owner or 

operator” means any natural person, business or social organization or other legal entity, 

including, without limitation, a corporation, partnership, association, trust or 

unincorporated organization, who owns, leases, operates, controls or supervises a facility 

that contains any process subject to C.A.P.P. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.95277 “Passive mitigation” defined. (NRS 459.3818) “Passive 

mitigation” means equipment, devices or technologies that work without human, 

mechanical or other sources of energy, and function to contain or minimize the 

consequences of an accidental release. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99) 

 NAC 459.95279 “Prevention program” defined. (NRS 459.3818) “Prevention 

program” means procedures and practices that are developed and implemented pursuant 

to NAC 459.95412 to 459.95435, inclusive. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R041-01, 

10-25-2001; R137-04, 2-15-2005) 

 NAC 459.95281 “Process” defined. (NRS 459.3818) “Process” means: 

 1. Any activity that involves a highly hazardous substance or an explosive, including, 

without limitation, the use, storage, manufacturing, handling or on-site movement, or any 

combination thereof, of such a substance or explosive. 

 2. A group of vessels that are used in connection with such activity, including vessels 

that are: 

 (a) Interconnected; or 

 (b) Separate, but located in such a manner that a highly hazardous substance or 

explosive could potentially be released, including, without limitation, a release, fire or 

explosion in one vessel that could cause a release, fire or explosion in another vessel. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R041-01, 

10-25-2001; R137-04, 2-15-2005) 

 NAC 459.95283 “Process hazard analysis” defined. (NRS 459.3818) “Process 

hazard analysis” means the analysis performed pursuant to NAC 459.95414. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99) 
NAC 459 - 6 

 NAC 459.95285 “Produced water” defined. (NRS 459.3818) “Produced water” 

means water that is: 

 1. Extracted from the earth from an oil or natural gas production well; or 

 2. Separated from oil or natural gas after extraction. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99) 

 NAC 459.95289 “Public” defined. (NRS 459.3818) “Public” means one or more 

natural persons other than employees or contractors of a facility. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99) 

 NAC 459.95291 “Public receptor” defined. (NRS 459.3818) “Public receptor” 

means an off-site: 

 1. Residence; 

 2. Institution such as a school or hospital; 

 3. Industrial, commercial or office building; or 

 4. Park or recreational area, 

¬ that is inhabited or occupied by the public without restriction by the facility, in which 

the public could be exposed as a result of an accidental release to toxic concentrations, 

radiant heat or overpressure. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99) 

 NAC 459.95292 “Replacement in kind” defined. (NRS 459.3818) “Replacement in 

kind” means a replacement of equipment, instruments, procedures, raw material and 

processing conditions that satisfy the design specifications. 

 (Added to NAC by Environmental Comm’n by R137-04, eff. 2-15-2005) 

 NAC 459.95297 “Threshold quantity” defined. (NRS 459.3818) “Threshold 

quantity” means the quantity of highly hazardous substance specified in subsection 1 of 

NAC 459.9533. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.95312 “Vessel” defined. (NRS 459.3818) “Vessel” has the meaning 

ascribed to it in NRS 459.38125. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

Applicability of Program 

 NAC 459.95321 Determination by owner or operator. (NRS 459.3818, 459.3833) 

The owner or operator shall, pursuant to NAC 459.95321, 459.95323 and 459.9533, 

determine for each process within the boundary of his facility if the process is subject to 

C.A.P.P. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 
NAC 459 - 7 

 NAC 459.95323 Criteria for determination. (NRS 459.3818, 459.3833)

 1. Except as otherwise provided in NAC 459.95486, a process is subject to C.A.P.P. 

if: 

 (a) The process is not exempted pursuant to NRS 459.3814 and the process contains a 

highly hazardous substance in a quantity: 

 (1) Equal to or greater than the amount set forth in subsection 1 of NAC 459.9533

under the column labeled “Threshold Quantity”; or 

 (2) Less than the amount set forth in subsection 1 of NAC 459.9533 under the 

column labeled “Threshold Quantity” if there are two or more releases of one or more 

highly hazardous substances from the facility during a 12-month period and the quantity 

for each release is in excess of the amount set forth in subsection 1 of NAC 459.9533 for 

the highly hazardous substance under the column labeled “Two Release Quantity”; or 

 (b) The process is an explosives manufacturing operation. 

 2. The following highly hazardous substances need not be considered when 

determining whether at least a threshold quantity is present in a process for the purposes 

of subsection 1: 

 (a) A substance denoted as toxic if the concentration of the substance in a mixture is 

less than 1 percent by weight of the mixture. Except for oleum, toluene 2, 4-diisocyanate, 

toluene 2, 6-diisocyanate and toluene diisocyanate (unspecified isomer), if the 

concentration of the toxic substance in the mixture is 1 percent or greater by weight of the 

mixture and the owner or operator demonstrates in writing that the partial pressure of the 

substance in the mixture under handling or storage conditions in any portion of the 

process is less than 10 millimeters of mercury, the amount of the substance in the mixture 

in that portion of the process need not be considered when determining whether at least a 

threshold quantity is present in the process. A toxic substance is designated as “T” in the 

table in subsection 1 of NAC 459.9533 under the column labeled “Tox (T) or Flam (F).” 

 (b) Except as otherwise provided in paragraphs (c) and (d), a substance denoted as 

flammable if the concentration of the substance in a mixture is less than 1 percent by 

weight of the mixture or the concentration of the flammable substance in the mixture is 1 

percent or greater by weight of the mixture and the owner or operator demonstrates in 

writing that the mixture does not have a flammability hazard rating of “4” as described in 

N.F.P.A. 704: Standard System for the Identification of the Hazards of Materials for 

Emergency Response, which is adopted by reference pursuant to NAC 459.95528. If the 

concentration of the flammable substance in the mixture is 1 percent or greater by weight 

of the mixture and the owner or operator does not demonstrate that the mixture does not 

have a flammability hazard rating of “4,” the entire weight of the mixture must be treated 

as the flammable substance to determine whether a threshold quantity is present at the 

facility. The boiling and flash point must be defined and determined pursuant to N.F.P.A. 

30: Flammable and Combustible Liquids Code, which is adopted by reference pursuant 

to NAC 459.95528. A flammable substance is designated as “F” in the table in subsection 

1 of NAC 459.9533 under the column labeled “Tox (T) or Flam (F).” 

 (c) Gasoline if it is distributed or stored for use as fuel for an internal combustion 

engine. 
NAC 459 - 8 

 (d) A naturally occurring hydrocarbon mixture before such a mixture has entered into 

a natural gas processing plant or a petroleum refining process unit. A naturally occurring 

hydrocarbon mixture includes any combination of condensate, crude oil, field gas and 

produced water. 

 (e) A substance that is contained in an article. 

 (f) A substance when it is being used: 

 (1) As a structural component of the facility; 

 (2) With products for routine janitorial maintenance; 

 (3) By employees in foods, drugs, cosmetics or other personal items; 

 (4) In process water or noncontact cooling water drawn from the environment or 

municipal sources; or 

 (5) In air as compressed air or as part of combustion. 

 (g) A substance that is manufactured, processed or used in a laboratory at a facility 

under the supervision of a technically qualified individual as defined in 40 C.F.R. § 

720.3(ee). This exemption does not apply to: 

 (1) Specialty chemical production; 

 (2) The manufacturing, processing or use of a highly hazardous substance in pilot 

plant scale operations; or 

 (3) Activities conducted outside of the laboratory. 

 (h) Propane when used as a fuel or held for sale as a fuel at a retail facility. 

 3. As used in this section: 

 (a) “Article” has the meaning ascribed to it in 29 C.F.R. § 1910.1200(c). 

 (b) “Crude oil” means a naturally occurring, unrefined petroleum liquid. 

 (c) “Petroleum refining process” means a process that: 

 (1) Is used in an establishment which is primarily engaged in petroleum refining as 

defined in N.A.I.C.S. Code 32411, which is adopted by reference pursuant to NAC 

459.95528; and 

 (2) Is used to: 

 (I) Produce a transportation fuel such as gasoline, diesel fuel or jet fuel; 

 (II) Produce a heating fuel such as kerosene, fuel gas distillate or fuel oil; 

 (III) Produce a lubricant; 

 (IV) Separate petroleum; or 

 (V) Separate, crack, react or reform an intermediate petroleum stream. 

 (d) “Retail facility” means a facility at which more than one-half of the income is 

obtained from direct sales to end users or at which more than one-half of the fuel sold, by 

volume, is sold through a cylinder exchange program. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R041-01, 

10-25-2001; R137-04, 2-15-2005) 
NAC 459 - 9 

Table of Substances 

 NAC 459.9533 Tabulated values for threshold quantity, two release quantity and 

toxic endpoints; classification of substance as explosive. (NRS 459.3816, 459.3818, 

459.3833)

 1. The following table sets forth the list of highly hazardous substances and the 

parameters associated with carrying out C.A.P.P.: 

 

Chemical Name Alternate Chemical 

Name

Mixture 

Description

CAS Number Threshold 

Quantity (lbs)

Two Release 

Quantity (lbs)

Two Release 

Source note 1

Tox (T) or 

Flam (F)

Toxic 

Endpoint 

(mg/L)

Acetaldehyde Ethanal 75-07-0 2,500 1,000 1 F

Acetylene Ethyne 74-86-2 10,000 1,000 3 F

Acrolein 2-Propenol 107-02-8 150 1 1 & 2 T 0.0011

Acrylonitrile 2-Propenenitrile 107-13-1 20,000 100 1 & 2 T 0.076

Acrylyl chloride 2-Propenoyl 

chloride

 814-68-6 250 100 2 T 0.00090

Alkylaluminums 5,000 50* 3

Allyl alcohol 2-Propen-1-ol 107-18-6 15,000 100 1 & 2 T 0.036

Allyl chloride 3-chloropropene 107-05-1 1,000 100 3 T 0.1252

Allylamine 2-Propen-1-amine 107-11-9 1,000 500 2 T 0.0032

Ammonia Anhydrous 

Ammonia

Anhydrous 7664-41-7 5,000 100 1 & 2 T 0.14

Ammonia Ammonia solution

Ammonium 

hydroxide

20 wt% to 44 

wt%

7664-41-7 20,000 

note 2

 1,000 1 T 0.14

Ammonia Ammonia solution

Ammonium 

hydroxide

concentration 

greater than 

44% ammonia 

by weight

7664-41-7 10,000 

note 2

 1,000 1 T 0.14

Ammonium perchlorate 7790-98-9 7,500 75* 3

Ammonium 

permanganate

7787-36-2 7,500 75* 3

Arsenous trichloride 7784-34-1 15,000 1 1 & 2 T 0.010

Arsine Arsenic Hydride 7784-42-1 100 10 3 T 0.0019

bis(Chloromethyl) 

Ether

Chloromethyl 

Ether

 542-88-1 100 10 1 & 2 T 0.00025

Boron trichloride 10294-34-5 2,500 100 3 T 0.010

Boron trifluoride 7637-07-2 250 25 3 T 0.028

Boron trifluoride 

w/Methyl Ether

1:1 ratio 353-42-4 15,000 1,000 2 T 0.023

Bromine 7726-95-6 1,500 500 2 T 0.0065
NAC 459 - 10 

Chemical Name Alternate Chemical 

Name

Mixture 

Description

CAS Number Threshold 

Quantity (lbs)

Two Release 

Quantity (lbs)

Two Release 

Source note 1

Tox (T) or 

Flam (F)

Toxic 

Endpoint 

(mg/L)

Bromine chloride 13863-41-7 1,500 10 3 T 0.00472

Bromine pentafluoride 7789-30-2 2,500 100 3 T 0.00715

Bromine trifluoride 7787-71-5 15,000 1000 3 T 0.0025

Bromotrifluor-ethylene 598-73-2 10,000 1,000 3 F

1,3-Butadiene 106-99-0 10,000 10 1 F

Butane 106-97-8 10,000 1,000 3 F

1-Butene 106-98-9 10,000 1,000 3 F

2-Butene 107-01-7 10,000 1,000 3 F

Butene 25167-67-3 10,000 1,000 3 F

2-Butene-cis 590-18-1 10,000 1,000 3 F

2-Butene-trans 624-64-6 10,000 1,000 3 F

Butyl hydroperoxide 

(Tertiary)

 75-91-2 5,000 50* 3

Butyl perbenzoate 

(Tertiary)

 614-45-9 7,500 75* 3

Carbon disulfide 75-15-0 20,000 100 1 & 2 T 0.16

Carbon oxysulfide Carbon Oxide 

Sulfide

 463-58-1 10,000 100 1 F

Carbonyl fluoride 353-50-4 2,500 10 3 T 0.00972

Cellulose nitrate concentration 

greater than 

12.6% nitrogen 

9004-70-0 2,500 25* 3

Chlorine 7782-50-5 1,500 10 1 & 2 T 0.0087

Chlorine dioxide 10049-04-4 1,000 100 3 T 0.0028

Chlorine monoxide 7791-21-1 10,000 1,000 3 F

Chlorine pentafluoride 13637-63-3 1,000 10 3 T 0.003

Chlorine trifluoride 7790-91-2 1,000 100 3 T 0.0038

ChlorodiethylaluminumDiethyl-aluminum 

Chloride

 96-10-6 5,000 50* 3

1-Chloro-2,4-

Dinitrobenzene

 97-00-7 5,000 50* 3

Chloroform 67-66-3 20,000 10 1 & 2 T 0.49

Chloromethyl methyl 

ether

 107-30-2 500 10 1 & 2 T 0.0018

Chloropicrin 76-06-2 500 50 3 T 0.00134
NAC 459 - 11 

Chemical Name Alternate Chemical 

Name

Mixture 

Description

CAS Number Threshold 

Quantity (lbs)

Two Release 

Quantity (lbs)

Two Release 

Source note 1

Tox (T) or 

Flam (F)

Toxic 

Endpoint 

(mg/L)

Chloropicrin/ 

Methylbromide mix

 1,500 500 3 T 0.00078

Chloropicrin/ 

Methylchloride mix

 1,500 500 3 T

1-Chloropropylene 590-21-6 10,000 1,000 3 F

2-Chloropropylene 557-98-2 10,000 1,000 3 F

Crotonaldehyde 2-Butenal 4170-30-3 20,000 100 1 & 2 T 0.029

Crotonaldehyde, (E)- 2-Butenal, (E)- 123-73-9 20,000 100 1 & 2 T 0.029

Cumene Hydroperoxide 80-15-9 5,000 10 1

Cyanogen Ethanedinitrile 460-19-5 2,500 100 1 F

Cyanogen chloride 506-77-4 500 10 1 T 0.030

Cyanuric fluoride 675-14-9 100 10 3 T 0.00017

Cyclohexylamine Cyclohex-animine 108-91-8 15,000 1,000 2 T 0.16

Cyclopropane 75-19-4 10,000 1,000 3 F

Diacetyl peroxide concentration 

greater than 

70%

 110-22-5 5,000 

note 2

 50* 3

Diazomethane 334-88-3 500 10 3

Dibenzoyl peroxide 94-36-0 7,500 75* 3

Diborane 19287-45-7 100 10 3 T 0.0011

Dibutyl peroxide 

(tertiary)

 110-05-4 5,000 50* 3

Dichloro acetylene 7572-29-4 250 10 3

Dichlorosilane 4109-96-0 2,500 100 3 F

Diethylzinc 557-20-0 10,000 100* 3

Difluoroethane 75-37-6 10,000 1,000 3 F

Diisopropyl 

peroxydicarbonate

 105-64-6 7,500 75* 3

Dilauroyl peroxide 105-74-8 7,500 75* 3

Dimethyl sulfide 75-18-3 100 10 3 T 1.27

Dimethylamine anhydrous 124-40-3 2,500 1,000 1 F

Dimethyldichlorosilane 75-78-5 1,000 500 2 T 0.026

1,1-Dimethylhydrazine 57-14-7 1,000 10 1 & 2 T 0.012

2,2-Dimethylpropane 463-82-1 10,000 1,000 3 F
NAC 459 - 12 

Chemical Name Alternate Chemical 

Name

Mixture 

Description

CAS Number Threshold 

Quantity (lbs)

Two Release 

Quantity (lbs)

Two Release 

Source note 1

Tox (T) or 

Flam (F)

Toxic 

Endpoint 

(mg/L)

2,4-Dinitroanaline 97-02-9 5,000 50* 3

Epichlorohydrin 106-89-8 20,000 100 1 & 2 T 0.076

Ethane 74-84-0 10,000 1,000 3 F

Ethyl acetylene 1-Butyne 107-00-6 10,000 1,000 3 F

Ethyl chloride 75-00-3 10,000 100 1 F

Ethyl ether 60-29-7 10,000 100 1 F

Ethyl mercaptan Ethanethiol 75-08-1 10,000 1,000 3 F

Ethyl nitrite 109-95-5 5,000 50* 3 F

Ethylamine Ethanamine 75-04-7 7,500 100 1 F

Ethylene Ethene 74-85-1 10,000 1,000 3 F

Ethylene fluorohydrin 371-62-0 100 10 2 T 0.0008

Ethylene oxide Oxirane 75-21-8 5,000 10 1 & 2 T 0.090

Ethylenediamine 107-15-3 20,000 5,000 1 & 2 T 0.49

Ethyleneimine Aziridine 151-56-4 1,000 1 1 & 2 T 0.018

Fluorine 7782-41-4 100 10 1 & 2 T 0.0039

Formaldehyde concentration of 

37% or greater 

by weight

 50-00-0 1,000 

note 2

 100 1 & 2 T 0.012

Furan 110-00-9 500 100 1 & 2 T 0.0012

Hexafluoroacetone 684-16-2 5,000 10 3 T 0.0068

Hydrazine 302-01-2 15,000 1 1 & 2 T 0.011

Hydrochloric acid 37% or greater 7647-01-0 15,000 

note 2

 1,000 3 T 0.030

Hydrofluoric acid 50% or greater 7664-39-3 1,000 

note 2

 100 1 T 0.016

Hydrogen 1333-74-0 10,000 1,000 3 F

Hydrogen bromide 10035-10-6 5,000 10 3 T 0.01

Hydrogen chloride Anhydrous 7647-01-0 5,000 100 3 T 0.030

Hydrogen cyanide Hydrocyanic acid Anhydrous 74-90-8 1,000 10 1 & 2 T 0.011

Hydrogen fluoride Anhydrous 7664-39-3 1,000 100 1 & 2 T 0.016

Hydrogen peroxide concentration of 

52% or greater 

by weight

7722-84-1 7,500 

note 2

 1,000 2

Hydrogen selenide 7783-07-5 150 10 2 T 0.00066
NAC 459 - 13 

Chemical Name Alternate Chemical 

Name

Mixture 

Description

CAS Number Threshold 

Quantity (lbs)

Two Release 

Quantity (lbs)

Two Release 

Source note 1

Tox (T) or 

Flam (F)

Toxic 

Endpoint 

(mg/L)

Hydrogen sulfide 7783-06-4 1,500 100 1 & 2 T 0.042

Hydroxylamine 7803-49-8 2,500 25* 3

Iron, pentacarbonyl 13463-40-6 250 100 2 T 0.00044

Isobutane 1,1-dimethyl 

ethane

 75-28-5 10,000 1,000 3 F

Isobutyronitrile 78-82-0 20,000 1,000 2 T 0.14

Isopentane 78-78-4 10,000 1,000 3 F

Isoprene 78-79-5 10,000 100 1 F

Isopropyl chloride 2 - chloropropane 75-29-6 10,000 1,000 3 F

Isopropyl 

chloroformate

 108-23-6 15,000 1,000 2 T 0.10

Isopropyl formate 625-55-8 500 100 3 T 0.0014

Isopropylamine 75-31-0 5,000 1,000 3 F

Ketene 463-51-4 100 10 3 T 0.18

Methacrylaldehyde 78-85-3 1,000 500 3 T 0.007

Methacryloyl chloride 920-46-7 150 100 2 T 0.0006

Methacryloyloxyethyl 

isocyanate

30674-80-7 100 10 3 T 0.00063

Methane 74-82-8 10,000 1,000 3 F

Methyl acrylonitrile Meth-acrylonitrile 126-98-7 250 25 3 T 0.0027

Methyl bromide 74-83-9 2,500 500 3 T 0.194

3-Methyl-1-butene Isopentene 563-45-1 10,000 1,000 3 F

2-Methyl-1-butene 563-46-2 10,000 1,000 3 F

Methyl chloride 74-87-3 15,000 100 1 T 0.82

Methyl chloroformate 79-22-1 500 100 3 T 0.0019

Methyl disulfide 624-92-0 100 10 3 T 0.19

Methyl ether 115-10-6 10,000 1,000 3 F

Methyl ethyl ketone 

peroxide

Ethyl methyl 

ketone peroxide

concentration 

greater than 

60%

1338-23-4 5,000 

note 2

 10 1

Methyl fluoroacetate 453-18-9 100 10 3 T 0.00025

Methyl fluorosulfate 421-20-5 100 10 3 T 0.00023

Methyl formate 107-31-3 10,000 1,000 3 F
NAC 459 - 14 

Chemical Name Alternate Chemical 

Name

Mixture 

Description

CAS Number Threshold 

Quantity (lbs)

Two Release 

Quantity (lbs)

Two Release 

Source note 1

Tox (T) or 

Flam (F)

Toxic 

Endpoint 

(mg/L)

Methyl hydrazine 60-34-4 100 10 1 & 2 T 0.0094

Methyl iodide 74-88-4 7,500 100 1 T 0.29

Methyl isocyanate 624-83-9 250 10 1 & 2 T 0.0012

Methyl mercaptan 74-93-1 5,000 100 1 & 2 T 0.049

Methyl thiocyanate 556-64-9 20,000 10,000 2 T 0.085

Methyl vinyl ketone 78-94-4 100 10 2 T 0.00007

Methylamine Methanamine Anhydrous 74-89-5 1,000 100 1 F

2-Methylpropene 115-11-7 10,000 1,000 3 F

Methyltrichlorosilane 75-79-6 500 50 3 T 0.018

Nickel carbonyl 13463-39-3 150 10 1 & 2 T 0.00067

Nitric acid 80% or greater 7697-37-2 15,000 

note 2

 1,000 1 & 2 T 0.026

Nitric acid concentration of 

94.5% or greater 

by weight

7697-37-2 500 

note 2

 50 3 T 0.026

Nitric oxide Nitrogen oxide 10102-43-9 250 10 1 & 2 T 0.031

Nitroaniline para Nitroaniline 100-01-6 5,000 50* 3

Nitrogen dioxide 10102-44-0 250 10 1 & 2 T 0.0282

Nitrogen oxides NO; NO2; N2O4; 

N2O3

10102-44-0 250 10 3 T 0.0282

Nitrogen tetroxide 10544-72-6 250 10 1 T 0.0564

Nitrogen trifluoride 7783-54-2 5,000 1,000 3 T 0.29

Nitrogen trioxide 10544-73-7 250 10 3 T 0.016

Nitromethane 75-52-5 2,500 25* 3

Oleum Fuming sulfuric 

acid

65 wt% or 

greater of SO3

8014-95-7 1,000 500 3 T 0.010

Osmium tetroxide 20816-12-0 100 10 3 T 0.001

Oxygen difluoride Fluorine monoxide 7783-41-7 100 10 3

Ozone 10028-15-6 100 10 3

Pentaborane 19624-22-7 100 10 3 T 0.00026

1,3-Pentadinene 504-60-9 10,000 100 1 F

Pentane 109-66-0 10,000 1,000 3 F

1-Pentene 109-67-1 10,000 1,000 3 F
NAC 459 - 15 

Chemical Name Alternate Chemical 

Name

Mixture 

Description

CAS Number Threshold 

Quantity (lbs)

Two Release 

Quantity (lbs)

Two Release 

Source note 1

Tox (T) or 

Flam (F)

Toxic 

Endpoint 

(mg/L)

2-Pentene, (E)- 646-04-8 10,000 1,000 3 F

2-Pentene, (Z)- 627-20-3 10,000 1,000 3 F

Peracetic acid Peroxyacetic acid concentration 

greater than 

60% acetic acid

 79-21-0 1,000 

note 2

 500 2 T 0.0045

Perchloric acid concentration 

greater than 

60% by weight

7601-90-3 5,000 

note 2

 50* 3

Perchloromethyl 

mercaptan

 594-42-3 150 100 1 & 2 T 0.0076

Perchloryl fluoride 7616-94-6 5,000 100 3 T 0.042

Phosgene Carbonyl chloride 75-44-5 100 10 1 & 2 T 0.00081

Phosphine Hydrogen 

phosphide

7803-51-2 100 10 3 T 0.0035

Phosphorus oxychloride Phosphoryl 

chloride

10025-87-3 1,000 500 3 T 0.0030

Phosphorus trichloride 7719-12-2 1,000 500 3 T 0.028

Piperidine 110-89-4 15,000 1,000 2 T 0.022

Propadiene 1,2 Propadiene 463-49-0 10,000 1,000 3 F

Propane 74-98-6 10,000 1,000 3 F

Propargyl bromide 3-Bromopropyne 106-96-7 100 10 2 T 0.00003

Propionitrile 107-12-0 10,000 10 1 & 2 T 0.0037

Propyl chloroformate 109-61-5 15,000 500 2 T 0.010

Propyl nitrate 627-13-4 100 25* 3

Propylene 1 Propene 115-07-1 10,000 1,000 3 F

Propylene oxide 75-56-9 10,000 100 1 & 2 T 0.59

Propyleneimine 75-55-8 10,000 1 1 & 2 T 0.12

Propyne 1-Propyne 74-99-7 10,000 1,000 3 F

Sarin 107-44-8 100 10 2 T 0.00006

Selenium hexafluoride 7783-79-1 1,000 1 1 T 0.0016

Silane 7803-62-5 10,000 1,000 3 F

Stibine Antimony hydride 7803-52-3 500 10 3 T 0.0026

Sulfur dioxide Anhydrous 7446-09-5 1,000 100 3 T 0.0078

Sulfur pentafluoride 5714-22-7 250 10 3 T 0.001

Sulfur tetrafluoride 7783-60-0 250 10 3 T 0.0092
NAC 459 - 16 

Chemical Name Alternate Chemical 

Name

Mixture 

Description

CAS Number Threshold 

Quantity (lbs)

Two Release 

Quantity (lbs)

Two Release 

Source note 1

Tox (T) or 

Flam (F)

Toxic 

Endpoint 

(mg/L)

Sulfur trioxide Sulfuric Anhydride 7446-11-9 1,000 100 2 T 0.010

Tellurium hexafluoride 7783-80-4 250 10 3 T 0.0009

Tetrafluoroethylene 116-14-3 5,000 1,000 3 F

Tetrafluorohydrazine 10036-47-2 5,000 500 3 T 0.0213

Tetramethyl Lead 75-74-1 1,000 100 2 T 0.0040

Tetramethylsilane 75-76-3 10,000 1,000 3 F

Tetranitromethane 509-14-8 10,000 10 2 T 0.0040

Thionyl chloride 7719-09-7 250 100 3 T 0.0097

Titanium tetrachloride 7550-45-0 2,500 1,000 1 & 2 T 0.020

Toluene 2,4-

diisocyanate

 584-84-9 10,000 100 1 & 2 T 0.0070

Toluene 2,6-

diisocyanate

 91-08-7 10,000 100 1 & 2 T 0.0070

Toluene diisocyanate 26471-62-5 10,000 100 1 & 2 T 0.0070

Trichloro 

(chloromethyl) silane

1558-25-4 100 10 3 T 0.0003

Trichloro 

(dichlorophenyl) silane

27137-85-5 2,500 500 2 T 0.008

Trichlorosilane 10025-78-2 5,000 500 3 F

Trifluorochloroethylene 79-38-9 10,000 500 3 F

Trimethoxysilane 2487-90-3 1,500 500 3 T 0.01

Trimethylamine 75-50-3 10,000 100 1 F

Trimethylchlorosilane 75-77-4 10,000 500 2 T 0.050

Vinyl acetate monomer 108-05-4 15,000 1,500 3 T 0.26

Vinyl acetylene 689-97-4 10,000 1,000 3 F

Vinyl chloride 75-01-4 10,000 1 1 F

Vinyl ethyl ether 109-92-2 10,000 1,000 3 F

Vinyl fluoride 75-02-5 10,000 1,000 3 F

Vinyl methyl ether 107-25-5 10,000 1,000 3 F

Vinylidene chloride 75-35-4 10,000 100 1 F

Vinylidene fluoride 75-38-7 10,000 1,000 3 F

 
NAC 459 - 17 

Table Notes: 

 Note 1: For Two Release Source Column: 1 = RQ as listed in 40 C.F.R. Part 302; 2 = 

RQ as listed in 40 C.F.R. Part 355; 3 = Two Release Quantity as determined in 

“Technical Basis Document for C.A.P.P. Two Release Quantities and Toxic Endpoints.” 

 Note 2: The threshold quantity must be applied to the fraction of the chemical in the 

actual mixture. 

* These substances must be involved in a fire or explosion to qualify as a release pursuant 

to subparagraph (2) of paragraph (a) of subsection 1 of NAC 459.95323. 

 2. Except as otherwise provided in subsection 3, a substance must be classified as an 

explosive if the substance is classified as division 1.1, 1.2, 1.3, 1.4 or 1.5 in column 3 of 

the Table of Hazardous Materials in 49 C.F.R. § 172.101, which is adopted by reference 

pursuant to NAC 459.95528. 

 3. The list of explosives as classified pursuant to subsection 2 excludes those 

substances described in 18 U.S.C. § 845(a). 

 4. If a substance: 

 (a) Is listed as a highly hazardous substance pursuant to subsection 1; and 

 (b) Is also classified as an explosive pursuant to subsection 2 which is not excluded 

pursuant to subsection 3, 

¬ the substance must be treated as a highly hazardous substance for the purposes of 

NAC 459.952 to 459.95528, inclusive, if the substance is present in the process in excess 

of the threshold quantity set forth for the substance pursuant to subsection 1. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R041-01, 

10-25-2001; R137-04, 2-15-2005) 
NAC 459 - 18 

General Requirements 

 NAC 459.95332 Duties of owner or operator of facility. (NRS 459.3818, 

459.3833) The owner or operator of a facility that has a process which is subject to 

C.A.P.P. shall: 

 1. Register annually with the Division pursuant to NAC 459.95348, 459.9535 and 

459.95354; 

 2. Pay the annual fees pursuant to NAC 459.95334 if the facility contains one or more 

processes and does not have explosives manufacturing operations; 

 3. Pay the annual fees pursuant to NAC 459.953345 if the facility contains one or 

more explosives manufacturing operations; 

 4. Develop a management system pursuant to NAC 459.95341; 

 5. Conduct a hazard assessment pursuant to NAC 459.95364 to 459.95376, inclusive; 

 6. Develop and implement a prevention program pursuant to NAC 459.95412 to 

459.95435, inclusive; 

 7. Develop and implement an emergency response program pursuant to NAC 

459.9544 and 459.95442; and 

 8. Provide information to the Division in advance of an inspection pursuant to 

subsection 2 of NAC 459.9552. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R041-01, 

10-25-2001; R137-04, 2-15-2005) 

 NAC 459.95333 Change in ownership of facility. (NRS 459.3818, 459.3833) If a 

facility with a process that is subject to C.A.P.P. changes ownership, the new owner or 

operator shall assume responsibility for full compliance with the requirements of NRS 

459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto and: 

 1. If the annual registration required pursuant to NAC 459.95348 is not due, satisfy 

the requirements for registration set forth in NAC 459.95337 and 459.9535 not later than 

14 days after the transfer of ownership; or 

 2. If the annual registration required pursuant to NAC 459.95348 is due, submit the 

annual registration. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005)—(Substituted in revision for NAC 459.95512) 

 NAC 459.95334 Annual fee. (NRS 459.3818, 459.3824, 459.3833)

 1. Except as otherwise provided in NAC 459.953345 and 459.95335, the owner or 

operator of a facility that contains one or more processes and does not have an explosive 

manufacturing operation shall pay the fee required by subsections 1 and 2 of NRS 

459.3824 before July 31 of each year. 

 2. The amount of this annual fee for each facility will equal the sum of: 

 (a) A base fee that is established pursuant to subsection 4; and 

 (b) A graduated fee that is established pursuant to subsection 5. 

 3. The total annual fee required by this section must not exceed $35,000 for a facility. 

 4. The amount of the annual base fee that is authorized pursuant to subsection 1 of 

NRS 459.3824 is $5,600. 
NAC 459 - 19 

 5. The amount of the annual graduated fee that is authorized pursuant to subsection 2 

of NRS 459.3824 is $39 per unit of highly hazardous substance at a facility. A unit of 

highly hazardous substance is equal to the total amount of the highly hazardous substance 

present at a facility, divided by the corresponding threshold quantity set forth in 

subsection 1 of NAC 459.9533 for that highly hazardous substance. 

 (Added to NAC by Environmental Comm’n, eff. 7-6-92; A by R121-98, 5-27-99, eff. 

6-21-99; R087-00, 7-27-2000; R087-00, 7-27-2000, eff. 7-1-2001; R137-04, 2-15-2005) 

 NAC 459.953345 Annual fees for facility with explosives manufacturing 

operation. (NRS 459.3818, 459.3824, 459.3833)

 1. Except as otherwise provided in NAC 459.95335, an owner or operator of a facility 

that has an explosives manufacturing operation shall pay to the Division an annual fee 

before July 31, as prescribed in this section. 

 2. If the explosives manufacturing operation includes only the combining of 

ammonium nitrate and fuel oil mixture, the owner or operator of the facility of which the 

operation is a part shall pay to the Division an annual fee of $5,600. 

 3. If the explosives manufacturing operation includes any other type of explosives 

manufacturing, the owner or operator of the facility of which the operation is a part shall 

pay to the Division an annual fee of $13,500. 

 4. If a facility that has an explosives manufacturing operation also has a highly 

hazardous substance in a process in excess of the threshold quantity set forth for that 

highly hazardous substance in subsection 1 of NAC 459.9533, the owner or operator of 

the facility shall pay, in addition to the fees set forth in this section, the graduated fee set 

forth in subsection 5 of NAC 459.95334 and is exempt from the base fee set forth in 

subsection 4 of NAC 459.95334. 

 5. The total annual fee required by this section must not exceed $35,000 at any 

facility. 

 (Added to NAC by Environmental Comm’n by R041-01, eff. 10-25-2001; A by R137-

04, 2-15-2005) 

 NAC 459.95335 Exemption from payment of certain annual fees. (NRS 459.3818, 

459.3824, 459.3833)

 1. Notwithstanding any provision of NAC 459.95334 or 459.953345 to the contrary, 

an owner or operator of a new process is exempt from the payment of annual fees related 

to the new process for the fiscal year in which the process or operation commences 

operation and for the following fiscal year. 

 2. The provisions of subsection 1 do not affect any other fees already being paid by 

an owner or operator of a facility for other processes or explosives manufacturing 

operations. In such a case, the provisions of subsection 1 apply only to the incremental 

annual fee as applied to the new process. 

 3. As used in this section, “fiscal year” means the fiscal year on which the state 

budget is based. 

 (Added to NAC by Environmental Comm’n by R041-01, eff. 10-25-2001; A by R137-

04, 2-15-2005)—(Substituted in revision for NAC 459.953477) 

 
NAC 459 - 20 

 NAC 459.95337 Certification of required documents. (NRS 459.3818, 459.3832, 

459.3833)

 1. Any document required to be submitted pursuant to NAC 459.952 to 459.95528, 

inclusive, that is required to be certified must contain language for certification that 

substantially conforms to one of the following forms: 

 

 (a) I certify under penalty of law that the information provided in this document 

is true, accurate and complete. I am aware that there are significant civil and 

criminal penalties for submitting false, inaccurate or incomplete information. 

 

[Signature, title, date signed] 

 

 (b) I certify under penalty of law that I have personally examined and am 

familiar with the information submitted in this document and all attached 

documents and that, based on my inquiry of the natural persons immediately 

responsible for obtaining the information, I believe that the submitted information 

is true, accurate and complete. I am aware that there are significant civil and 

criminal penalties for submitting false information. 

 

[Signature, title, date signed] 

 

 2. The certification must be signed by the sole proprietor of the facility, the highest 

ranking corporate officer of the facility, a partner at the facility, the manager of the 

facility or a person designated by one of those persons to sign the certification. 

 (Added to NAC by Environmental Comm’n by R121-98, 5-27-99, eff. 6-21-99; A by 

R137-04, 2-15-2005)—(Substituted in revision for NAC 459.95358) 

 NAC 459.95341 Management system; implementation plan. (NRS 459.3818, 

459.3833) The owner or operator of a facility with a process that is subject to C.A.P.P. 

shall develop: 

 1. A management system to oversee the implementation of all program requirements 

and: 

 (a) Assign a qualified person to have overall responsibility for the development, 

implementation and integration of the requirements of C.A.P.P.; or 

 (b) Create a team with overall responsibility for the development, implementation and 

integration of the requirements of C.A.P.P. The owner or operator shall document: 

 (1) The names of the persons who are members of the team; and 

 (2) The relevant lines of authority for the team by means of an organization chart 

or similar document. 

 2. An implementation plan that covers each element of the prevention program and 

each element of the emergency response program. The implementation plan must define 

how each requirement of each such element will be implemented at the facility and must 

provide a system that requires all information and documentation be controlled in a 

manner which ensures that the current information and documentation is in circulation 

and in use. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005)—(Substituted in revision for NAC 459.95516) 
NAC 459 - 21 

 NAC 459.95344 Reports of regulatory agencies. (NRS 459.3818, 459.382) A 

governmental entity or agency of the State that is required by subsection 1 of NRS 

459.382 to submit a report to the Division shall do so, upon request, within 10 working 

days after a determination is made or an action is taken related to hazards involving 

highly hazardous substances or explosives at a facility. The report must be submitted on 

the following form: 

 

NEVADA DIVISION OF ENVIRONMENTAL PROTECTION 

CHEMICAL ACCIDENT PREVENTION PROGRAM 

GOVERNMENTAL AGENCY REPORTING FORM 

 

 A facility which produces, uses, stores or handles a highly hazardous substance or 

manufactures an explosive for sale in a process subject to NAC 459.95323 is subject to 

the provisions of NRS 459.380 to 459.3874, inclusive. Pursuant to NRS 459.382, 

governmental entities or agencies of the State are required to complete the following 

information whenever a determination is made or an action is taken related to hazards 

involving highly hazardous substances or explosives at a facility. Please complete this 

form and return it to the Nevada Division of Environmental Protection, 333 West Nye 

Lane, Room 138, Carson City, Nevada 89706-0851. 

 

 1. Facility Name_______________________________________________________ 

 

 2. Facility Location______________________________________________________ 

 ______________________________________________________ 

 ______________________________________________________ 

 

 3. Highly Hazardous Substances or Explosives Present at the Facility 

 

Substance Estimated Quantity (lbs.) 

_______________________________________________ ________________________ 

_______________________________________________ ________________________ 

_______________________________________________ ________________________ 

 

 4. Describe any specific hazards related to highly hazardous substances or explosives 

which were noticed by regulatory or inspection staff at the facility 

________________________________________________________________________ 

________________________________________________________________________ 

________________________________________________________________________ 

________________________________________________________________________ 

________________________________________________________________________ 

________________________________________________________________________ 
NAC 459 - 22 

 

 5. Describe any action your agency has taken at this facility related to highly 

hazardous substances or explosives. Include orders, notices, penalties, etc. 

________________________________________________________________________ 

________________________________________________________________________ 

________________________________________________________________________ 

________________________________________________________________________ 

________________________________________________________________________ 

________________________________________________________________________ 

________________________________________________________________________ 

________________________________________________________________________ 

________________________________________________________________________ 

 

 6. List statutes, regulations, standards or codes related to or controlling actions taken 

by your agency 

________________________________________________________________________ 

________________________________________________________________________ 

 7. Agency contact: ________________________________ Phone: _______________ 

 8. Authorized signature: ____________________________ Date:________________ 

Attach additional sheets if required. 

 

 (Added to NAC by Div. of Environmental Protec., eff. 7-10-92; A by R137-04, 2-15-

2005) 

Permits 

 NAC 459.95345 Permit required for construction; preliminary meeting with 

Division. (NRS 459.3818, 459.3829)

 1. Before an owner or operator of a facility may commence the construction of a new 

process subject to C.A.P.P., the owner or operator must obtain a permit to construct the 

new process from the Division pursuant to NAC 459.95345 to 459.953467, inclusive. 

 2. Before applying for a permit to construct a new process, the owner or operator of 

the process must meet with the Division to discuss: 

 (a) The scope of the project and the applicable codes and standards relating to the 

design and construction of the project; 

 (b) The requirements for the submission of documents; and 

 (c) The schedule for the construction of the project. 

 (Added to NAC by Environmental Comm’n by R041-01, eff. 10-25-2001; A by R137-

04, 2-15-2005) 
NAC 459 - 23 

 NAC 459.953451 Application for permit to construct: Submission; contents; 

requirements for accompanying documents, specifications and calculations. (NRS 

459.3818, 459.3829)

 1. To obtain a permit to construct a new process subject to C.A.P.P., an owner or 

operator of a new process must submit to the Division a complete application for a permit 

to construct and two copies of the complete application. The Division shall determine 

which elements of the application, if any, will be reviewed at the site where the new 

process will be located. 

 2. An application for a permit to construct a new process must be made on a form 

prescribed by the Division and include: 

 (a) Registration for the process that includes: 

 (1) The information required by NAC 459.9535; 

 (2) A summary of the hazard assessment conducted pursuant to NAC 459.95364 to 

459.95376, inclusive; 

 (3) The name, address and telephone number of the person submitting the plans; 

 (4) An overview of the project that includes a description of: 

 (I) The process; 

 (II) The hours of operation during which the process will be operated; 

 (III) The estimated number of personnel, for each shift, who will be working on 

the process, including, without limitation, personnel in operations, personnel in 

maintenance, office staff, contract personnel and any other personnel; 

 (IV) The modes, frequency and hours of transportation of the incoming and 

outgoing raw materials and products; 

 (V) The scope of the construction; and 

 (VI) The schedule for the project; and 

 (5) Information concerning the inspectors of the construction required pursuant to 

NAC 459.953461; 

 (b) A coordinated emergency response plan document developed pursuant to NAC 

459.9544 and 459.95442; 

 (c) Information concerning the process and safety process hazard analysis required 

pursuant to NAC 459.953455; 

 (d) Documents, specifications and calculations required pursuant to NAC 459.953457, 

459.953459 and 459.95346; and 

 (e) A copy of the conditional use permit issued pursuant to NRS 278.147. 

 3. Documents, specifications and calculations submitted pursuant to NAC 

459.953457, 459.953459 and 459.95346 must: 

 (a) Be stamped or sealed in accordance with chapter 625 of NRS, and any regulations 

adopted pursuant thereto, by the engineer who has responsible charge of the document, 

specification or calculation; and 

 (b) Include a table of contents or cover sheet that complies with the requirements of 

chapter 625 of NRS and any regulations adopted pursuant thereto. 

 (Added to NAC by Environmental Comm’n by R041-01, eff. 10-25-2001; A by R137-

04, 2-15-2005) 
NAC 459 - 24 

 NAC 459.953455 Contents of application for permit to construct: Process hazard 

analysis; information concerning process safety. (NRS 459.3818, 459.3829)

 1. In addition to any other information required to be included pursuant to NAC 

459.95345 to 459.953475, inclusive, an application for a permit to construct must 

include: 

 (a) Information relating to the hazards of any highly hazardous substance or explosive 

as described in paragraph (a) of subsection 2 of NAC 459.95412. 

 (b) A description of the process chemistry, as required in NAC 459.95412, including, 

without limitation, a description of the potential side reactions, regardless of whether the 

reactions would create hazardous consequences. 

 (c) If not readily apparent from the piping and instrument diagrams, documentation 

concerning the control logic that explains the function of the process controllers, switches 

and interlocks. Such documentation must be as concise as possible to allow the Division 

to review and use the information efficiently. 

 (d) A material and energy balance as required in NAC 459.95412. 

 (e) A description of the safety system as required in NAC 459.95412. 

 (f) A complete process hazard analysis performed pursuant to NAC 459.95414. 

 (g) A list of vessels and rotating equipment, traceable to the piping and instrument 

diagram, and, if requested by the Division, design and code information. 

 2. The process hazard analysis and information concerning process safety included in 

an application for a permit to construct a new process must indicate the current revision 

number and date on which that revision was carried out. 

 (Added to NAC by Environmental Comm’n by R041-01, eff. 10-25-2001; A by R137-

04, 2-15-2005) 

 NAC 459.953457 Contents of application for permit to construct: Site plan; plot 

plans of project area; diagrams; drawings. (NRS 459.3818, 459.3829)

 1. In addition to any other information required to be included pursuant to NAC 

459.95345 to 459.953475, inclusive, an application for a permit to construct a new 

process must include: 

 (a) A site plan, drawn to scale, that identifies the location within the facility of the new 

process on a map. A site plan must include and indicate, without limitation: 

 (1) The city and county roads in the area of the facility of the new process. 

 (2) The area encompassing the endpoint of the worst-case release scenarios 

developed pursuant to NAC 459.95366 or the area encompassing an area extending 1 

mile radially from the facility, whichever is larger. 

 (3) A graphical delineation of the endpoints of each worst-case release scenario and 

alternative release scenario developed pursuant to NAC 459.95366 and 459.95368. 

 (4) All major roads and transportation corridors. 

 (5) Routes for incoming and outgoing raw materials and products. 

 (6) The location of the first responding fire station and the hazardous materials 

response station. If the first responding fire station or hazardous materials response 

station is located outside the plan area, the site plan must include the address of the 

station and indicate the distance and direction that the station is from the facility. 

 (7) The location of schools, hospitals and other public receptors within the plan 

area. 
NAC 459 - 25 

 (b) Plot plans of the project area, shown on separate drawings and drawn to scale, that 

show: 

 (1) The safety systems, including, without limitation, the locations of: 

 (I) Water and tankages for other materials associated with the fire suppression 

systems. 

 (II) The system pumps and the routing of the distribution piping. 

 (III) Hydrants, monitors and other similar fire suppression equipment. 

 (IV) The detectors of toxic and combustible gases and flames. 

 (V) Personal protective equipment. 

 (VI) Major process equipment. 

 (2) The location of the electrical hazardous areas. The plot plan must: 

 (I) Provide the necessary elevations and include detailed drawings to distinguish 

between electrically unclassified and electrically classified areas, as those terms are 

defined in Article 500 of the N.F.P.A. 70, the National Electrical Code, adopted by 

reference pursuant to NAC 459.95528; and 

 (II) Denote the nationally recognized code or standard upon which the drawing 

is based to determine the extent of the electrically classified areas. 

 (c) Process flow diagrams, shown on as many drawings as necessary, developed 

pursuant to NAC 459.95412. The process flow diagrams must correspond to the material 

and energy balance submitted pursuant to NAC 459.953455. 

 (d) Piping and instruments diagrams, shown on as many drawings as necessary, 

developed pursuant to NAC 459.95412. The piping and instrument diagrams must: 

 (1) Be submitted on paper that is 11 inches by 17 inches. 

 (2) Be on an easily legible scale. 

 (3) Cover the new process. The Division may request that the diagrams include any 

associated systems, including, without limitation, air, water, nitrogen and process drain 

systems, if the Division determines that the inclusion of the additional information is 

necessary to assist with the review of the process hazard analysis. 

 (4) Indicate all piping, equipment, instruments and controls. 

 (5) Correspond to: 

 (I) The process flow diagrams; 

 (II) The documentation concerning the control logic and the process hazard 

analysis submitted pursuant to NAC 459.953455; and 

 (III) The specifications submitted pursuant to NAC 459.953459. 

 (e) Drawings indicating the concrete foundations and structures related to the new 

process that are not subject to the review and approval of the local building official. 

These drawings must include and indicate: 

 (1) The preparation for the base and subbase, including, without limitation, 

compaction requirements; 

 (2) The requirements relating to forms, reinforcing bars and appurtenances; 

 (3) The specifications relating to concrete and grout; 

 (4) The requirements for testing and inspection; and 

 (5) The applicable codes, standards or industry recommended practices governing 

the design and construction to be used. 
NAC 459 - 26 

 (f) Drawings for the structural steel support for the equipment and piping related to the 

new process that are not subject to the review and approval of the local building official. 

These drawings must include and indicate: 

 (1) Specifications for the steel and bolting; 

 (2) Requirements for welding, testing and inspection; and 

 (3) The applicable codes, standards or industry recommended practices governing 

the design and construction to be used. 

 2. A drawing included pursuant to this section in an application for a permit to 

construct must indicate the current revision number and date of the drawing and be of 

sufficient quality so that a legible copy can be made of the drawing. If a drawing is drawn 

to scale, the scale must be indicated and a bar scale must be included. 

 (Added to NAC by Environmental Comm’n by R041-01, eff. 10-25-2001; A by R137-

04, 2-15-2005) 

 NAC 459.953459 Contents of application for permit to construct: Specifications. 

(NRS 459.3818, 459.3829) Specifications included in an application for a permit to 

construct a new process: 

 1. Must indicate the current revision number and date on which the specifications 

were developed; 

 2. Must define: 

 (a) The applicable codes, standards or industry recommended practices to be followed 

for the design, construction and inspection of the new process; 

 (b) The design conditions, including, without limitation, maximum allowable working 

pressures, the design temperatures and the seismic criteria, where applicable; 

 (c) The required materials of construction; 

 (d) The qualification requirements for: 

 (1) The installation methods to be used; and 

 (2) The personnel performing the construction and inspection activities; and 

 (e) The requirements for inspection and testing; and 

 3. Must be provided for process piping, fittings and valves. Requirements for 

inspection, examination and testing related to piping construction must be appropriate for 

the application, and must, without limitation: 

 (a) Meet the requirements defined in Chapter VI of ASME B31.3 - 1999 Process 

Piping with Addenda, which is adopted by reference pursuant to NAC 459.95528; 

 (b) Require examination of: 

 (1) Not less than 5 percent of all circumferential butt and miter groove welds by 

random radiography and require that the welds meet the acceptable criteria for normal 

fluid service specified in Chapter VI of ASME B31.3; and 

 (2) Not less than 5 percent of socket welds and other fillet welds by magnetic 

particle, liquid penetrant or ultrasonic testing and require that the welds meet the 

acceptance criteria for normal fluid service specified in Chapter VI of ASME B31.3. 

 (Added to NAC by Environmental Comm’n by R041-01, eff. 10-25-2001; A by R137-

04, 2-15-2005) 
NAC 459 - 27 

 NAC 459.95346 Contents of application for permit to construct: Calculations. 

(NRS 459.3818, 459.3829)

 1. In addition to any other information required to be included, an application for a 

permit to construct a new process must include calculations for: 

 (a) Concrete foundations for drawings submitted pursuant to NAC 459.953457, 

including, without limitation, a soils report to support the design calculations; 

 (b) Structural steel drawings submitted pursuant to NAC 459.953457; and 

 (c) The capacity of pressure relief devices and pressure relief systems to be included 

in the new process. 

 2. Calculations included in an application for a permit to construct a new process 

must indicate the current revision number and the date of the current calculation. 

 3. Each set of calculations must include a cite to the applicable code, standard or 

industry recommended practice governing the design and construction that was used in 

making the calculation. 

 4. If the calculations are computer-generated, the calculations must include: 

 (a) A complete description of the mathematical model used in the design; and 

 (b) An identification of the design program used, input data required, limitations on 

the application of the program and the final results. 

 5. Upon the request of the Division, an applicant for a permit to construct shall 

provide supporting information for the calculations provided in the application, including, 

without limitation, data generated by vendors. 

 (Added to NAC by Environmental Comm’n by R041-01, eff. 10-25-2001; A by R137-

04, 2-15-2005) 

 NAC 459.953461 Contents of application for permit to construct: Information 

concerning inspectors for construction of process pipes, concrete foundations and 

structural steel. (NRS 459.3818, 459.3829)

 1. An applicant for a permit to construct must include in the application information 

concerning the inspectors for the construction of process pipes, concrete foundations and 

structural steel if these activities are to be permitted pursuant to NAC 459.953467. 

 2. The information concerning the inspectors must identify: 

 (a) Each inspector to be employed by the applicant; 

 (b) The scope of the inspection services to be provided by each inspector, including, 

without limitation, the types of observations and tests to be used; and 

 (c) The qualifications of each inspector that will enable the inspector to perform the 

inspection. If the inspector is required to be certified or hold other specific credentials to 

perform his duties, the applicant must include a copy of the required certifications or 

credentials. 

 (Added to NAC by Environmental Comm’n by R041-01, eff. 10-25-2001) 

 
NAC 459 - 28 

 NAC 459.953463 Initial review of application for permit to construct; notification 

of applicant concerning completeness of application. (NRS 459.3818, 459.3829)

 1. Upon receipt of an application for a permit to construct a new process, the Division 

shall review the application to determine if the application includes all the information 

required by NAC 459.953451. Not later than 30 days after the date on which an 

application is received, the Division shall provide to the applicant its initial determination 

as to the completeness of the application. 

 2. If the Division determines that an application for a permit to construct does not 

include all the information required by NAC 459.953451, the Division shall notify the 

applicant of its determination and include in the notice a description or list of the 

deficiencies. 

 3. If the Division determines that an application for a permit to construct is not 

complete, the Division may: 

 (a) Return all the submitted information to the applicant and require the applicant to 

resubmit the application when completed; or 

 (b) Delay the review of the incomplete application until the applicant submits the 

required information and the application is determined to be complete. 

 (Added to NAC by Environmental Comm’n by R041-01, eff. 10-25-2001) 

 NAC 459.953465 Notice of receipt of application for permit to construct; period 

for public comment; action by Division after period of public comment. (NRS 

459.3818, 459.3829)

 1. Upon determining that an application for a permit to construct a new process is 

complete, the Division shall issue a notice of its receipt of the application. The notice 

must: 

 (a) Be sent to the applicant and the local governing body in the area in which the new 

process is to be located, and be published in a newspaper of general circulation for the 

area in which the process is to be located; and 

 (b) Summarize the review to be conducted by the Division on the application for the 

permit to construct and state that the following information will be available for public 

review: 

 (1) The registration submitted pursuant to NAC 459.953451; 

 (2) The coordinated emergency plan document; 

 (3) The site plan; and 

 (4) A copy of the conditional use permit. 

 2. The period for public comment must be 30 days and commences on the date on 

which the notice is published in the newspaper. 

 3. Not later than 15 days after the date on which the period for public comment 

concerning an application for a permit to construct closes, the Division may, after 

considering the documents that are part of the application, require further modifications if 

such modifications are determined necessary to satisfy the requirements set forth in NAC 

459.953467 for issuing a permit to construct. 

 (Added to NAC by Environmental Comm’n by R041-01, eff. 10-25-2001; A by R137-

04, 2-15-2005) 
NAC 459 - 29 

 NAC 459.953467 Conditions for issuance of permit to construct; approval of site 

plan; certain modifications in construction to be reflected in pre-start-up safety 

review. (NRS 459.3818, 459.3829)

 1. The Division shall issue a permit to construct a new process if the Division: 

 (a) Approves the analysis of off-site consequences developed pursuant to NAC 

459.95364 to 459.95376, inclusive; 

 (b) Determines that the inspectors for the construction to be used by the applicant for 

the permit to construct: 

 (1) Are capable of providing an inspection as required by the applicable 

specifications, codes and standards, and of ensuring that the construction and installation 

of the new process is performed pursuant to those specifications, codes and standards; 

 (2) Are qualified by experience and, if applicable, hold the proper certifications and 

credentials to perform their duties as inspectors; and 

 (3) Are not employed by or under contract with any entity that will be performing 

the construction activity subject to the permit to construct unless that entity is the owner 

or operator; 

 (c) Determines that: 

 (1) The emergency response program developed pursuant to NAC 459.9544 and 

459.95442 is complete; 

 (2) Full-time emergency response capability is available; and 

 (3) Hazardous materials response capability: 

 (I) Is available pursuant to the requirements of 29 C.F.R. § 1910.120; 

 (II) Is available 24 hours a day; and 

 (III) Will be provided by an organization that is not a volunteer fire department; 

 (d) Determines that the process hazard analysis complies with NAC 459.95414; 

 (e) Approves the site plan developed pursuant to NAC 459.953457; 

 (f) Determines that: 

 (1) The plans identifying the locations of the electrical hazardous area developed 

pursuant to NAC 459.953457 are in compliance with the applicable codes and standards, 

except that the Division may accept a local building official’s approval of the drawing if 

the criteria set forth in NAC 459.953457 are met; 

 (2) The piping and instrument diagrams are consistent with the process flow 

diagrams and specifications; 

 (3) The drawings of the concrete foundation are consistent with the applicable 

calculations submitted; 

 (4) The drawings relating to the structural steel to be used in the construction are 

consistent with the applicable calculations submitted; 

 (5) The specifications submitted comply with the applicable codes and standards, 

and the selected materials and design parameters are determined to be compatible with 

the process; and 

 (6) The calculations submitted provide answers that represent generally accepted 

calculation methods and comply with the appropriate codes, standards and industry 

recommended practices, where applicable; 
NAC 459 - 30 

 (g) Finds, upon its review of the portions of the new process, that those portions are in 

conformance with any requirement set forth in the conditional use permit issued pursuant 

to NRS 278.147 that require compliance with any part of NRS 459.380 to 459.3874, 

inclusive, or any regulation adopted pursuant thereto; 

 (h) Completes the public review and comment process and any modifications required 

by NAC 459.953465 have been put into place; and 

 (i) Determines that the applicant is not delinquent on the payment of fees assessed 

pursuant to NAC 459.953475. 

 2. For the Division to approve a site plan: 

 (a) The worst-case release scenarios developed pursuant to NAC 459.95366 must be 

mitigated in a manner acceptable to the Division to minimize the impact on public 

receptors located outside the industrial zoning district in which the new process will be 

located. At a minimum, some level of passive or active mitigation must be employed. 

 (b) The alternate release scenarios developed pursuant to NAC 459.95368 must be 

mitigated in a manner acceptable to the Division to minimize the impact on public 

receptors located outside the industrial zoning district in which the new process will be 

located. At a minimum, some level of mitigation must be employed, including, without 

limitation, the use of toxic or combustible gas sensors, as appropriate, that must be 

physically located to enable the detection of a release and a response thereto in a timely 

manner to minimize the impact of the release. 

 (c) The locations of the emergency responders as shown on the site plan must be 

consistent with the locations of the emergency responders identified in the emergency 

response program. 

 3. Any modification in the construction of a new process allowed pursuant to 

subsection 1 that causes the alteration of any document, drawing or specification must be 

reflected in the pre-start-up safety review conducted pursuant to NAC 459.95425. 

 (Added to NAC by Environmental Comm’n by R041-01, eff. 10-25-2001; A by R137-

04, 2-15-2005) 

 NAC 459.953469 Commencement of construction before issuance of permit to 

construct. (NRS 459.3818, 459.3829)

 1. If the Division determines that a new process is being constructed in the interest of 

mitigating the effects of acutely hazardous conditions on public safety, the environment 

or the health of personnel, and timely implementation of the new process is critical to 

ensure the preservation of those objectives, the Division may allow the owner or operator 

to commence construction on the new process before the permit to construct is issued. 

 2. The owner or operator of a new process may commence construction before a 

permit to construct is issued if: 

 (a) The owner or operator submits with its application for a permit to construct a letter 

detailing the reasons for the request to begin construction before the issuance of the 

permit to construct; and 

 (b) The Division determines the application to be complete and has not identified any 

significant unmitigated hazard. 

 3. The Division may: 

 (a) Impose such conditions as it determines necessary in authorizing an owner or 

operator to commence construction before a permit to construct is issued; and 
NAC 459 - 31 

 (b) Revoke the authorization if it determines that the owner or operator has not 

complied with the conditions imposed. 

 (Added to NAC by Environmental Comm’n by R041-01, eff. 10-25-2001) 

 NAC 459.95347 Maintenance and availability of information during construction 

activity; revised schedule for construction upon issuance of permit to construct. 

(NRS 459.3818, 459.3829)

 1. During any construction activity done on a new process approved in accordance 

with NAC 459.953467, the owner or operator of the new process shall: 

 (a) Maintain on-site: 

 (1) All documents, drawings and specifications related to the construction and 

operation of the new process; 

 (2) All records relating to inspections and testing related to the construction; and 

 (3) All records relating to the construction procedure and qualifications of persons 

performing the construction; and 

 (b) Make available such information to the Division or an authorized representative of 

the Division upon request by the Division or its representative. 

 2. Upon the issuance of a permit to construct, the owner or operator to whom the 

permit is issued shall provide the Division with a revised schedule for the construction 

that includes the approximate timing as to when: 

 (a) Concrete foundations will be poured; 

 (b) The erection of the structural steel components will be commenced; 

 (c) The fabrication of the process piping will be commenced; 

 (d) The hydrotesting for the process piping will be commenced; and 

 (e) Any other activities identified by the Division or an authorized representative of 

the Division will be performed or commenced. 

 (Added to NAC by Environmental Comm’n by R041-01, eff. 10-25-2001; A by R137-

04, 2-15-2005) 

 NAC 459.953471 Permit to operate: Requirements to commence operation or to 

bring highly hazardous substances or explosives onto site of new process. (NRS 

459.3818, 459.3829) Before an owner or operator of a facility: 

 1. Commences the operation of a new process; or 

 2. Brings any highly hazardous substances or explosives onto the site of the new 

process, 

¬ the owner or operator must obtain a permit to operate from the Division pursuant to 

NAC 459.953473. 

 (Added to NAC by Environmental Comm’n by R041-01, eff. 10-25-2001; A by R137-

04, 2-15-2005) 

 NAC 459.953473 Permit to operate: Conditions for issuance; notification of 

Division when certain requirements are satisfied. (NRS 459.3818, 459.3829)

 1. The Division shall issue a permit to operate to the owner or operator of a new 

process only if: 

 (a) The Division has issued a permit to construct the new process; 
NAC 459 - 32 

 (b) The owner or operator has received all appropriate permits from the local building 

official for the drawings and calculations for the construction of concrete foundations and 

structural steel; 

 (c) The Division determines that the requirements set forth in NAC 459.95341, 

459.953475 and 459.95412 to 459.95442, inclusive, have been satisfied; and 

 (d) The owner or operator is not delinquent on the payment of fees assessed pursuant 

to NAC 459.953475. 

 2. The owner or operator of a new process shall notify the Division when the owner 

or operator determines that the new process satisfies the requirements of any provision 

set forth in NAC 459.95341 or 459.95412 to 459.95442, inclusive, and is ready for 

review by the Division. 

 (Added to NAC by Environmental Comm’n by R041-01, eff. 10-25-2001; A by R137-

04, 2-15-2005) 

 NAC 459.953475 Fees; request for Division to cease evaluation for permit. (NRS 

459.3818, 459.3829)

 1. An owner or operator of a new process shall remit fees to the Division for activities 

conducted by the Division relating to permitting activities conducted pursuant to NAC 

459.95345 to 459.953473, inclusive. 

 2. Upon the determination by the Division that an application for a permit to construct 

a new process is complete, the owner or operator shall remit $5,000 to the Division. The 

Division shall issue invoices to the owner or operator for any costs in excess of $5,000, 

except that: 

 (a) If the new process has 5 or less piping and instrument diagrams, not including 

drawing legend sheets and utility piping and instrument diagrams, invoices may not be 

issued for more than a cumulative amount of $40,000; 

 (b) If the new process has at least 6 but not more than 20 piping and instrument 

diagrams, not including drawing legend sheets and utility piping and instrument 

diagrams, invoices may not be issued for more than a cumulative amount of $50,000; or 

 (c) If the new process has more than 20 piping and instrument diagrams, not including 

drawing legend sheets and utility piping and instrument diagrams, invoices may not be 

issued for more than a cumulative amount of $50,000, plus $500 for each piping and 

instrument diagram in excess of 20 diagrams. 

 3. The Division shall accrue charges for activities relating to the permitting of the 

new process conducted by: 

 (a) Personnel of the Division in the amount of $68 per hour; and 

 (b) Contractors in an amount equal to the cost to the Division, plus 5 percent. 

 4. The Division shall not require the owner or operator to pay more than the 

maximum cumulative amount for the respective new process as set forth in subsection 2, 

except that fees related to: 

 (a) The review of the concrete foundations or structural steel design; and 

 (b) Reviewing corrections, 

¬ must not be considered when determining the maximum fee owed by the owner or 

operator. 

 5. After issuing a permit to operate to an owner or operator, the Division shall refund 

any excess fee paid to the Division by the owner or operator pursuant to this section. 
NAC 459 - 33 

 6. The owner or operator may request in writing that the Division cease work on 

evaluating the application for a permit to construct, or evaluating whether the owner or 

operator has satisfied the requirements for the issuance of a permit to operate, at any time 

before the permit is issued. Upon receipt of such a request, the Division shall stop its 

evaluation and: 

 (a) Issue an invoice to the owner or operator for any outstanding money due pursuant 

to this section, including any money committed to any engineering contractor for review 

services; or 

 (b) Refund any excess fee paid to the Division by the owner or operator pursuant to 

this section, 

¬ as appropriate. 

 (Added to NAC by Environmental Comm’n by R041-01, eff. 10-25-2001; A by R137-

04, 2-15-2005) 

Registration 

 NAC 459.95348 General requirements. (NRS 459.3818, 459.3822, 459.3832, 

459.3833)

 1. The owner or operator shall: 

 (a) Complete annually a single registration form covering all processes subject to 

C.A.P.P.; 

 (b) Submit the annual registration pursuant to subsection 6 to the Division on or 

before June 21 of each year; and 

 (c) Certify the annual registration pursuant to NAC 459.95337. 

 2. The registration must reflect the maximum quantity of all highly hazardous 

substances and explosives on-site between June 1 of the previous year and May 31 of the 

current year. 

 3. Except as otherwise provided in this subsection, before starting a new process, the 

owner or operator shall submit a registration form covering all the processes subject to 

C.A.P.P., including the new process, at least 90 days before introducing the highly 

hazardous substance or explosive into the facility. An owner or operator does not need to 

submit a registration form pursuant to this subsection to include a new process in his 

registration if the owner or operator has submitted an application for a permit to construct 

for the new process pursuant to NAC 459.953451. 

 4. If a facility is or becomes subject to the provisions of subparagraph (2) of 

paragraph (a) of subsection 1 of NAC 459.95323, the owner or operator shall submit the 

registration pursuant to subsection 6 not later than 90 days after the provisions of 

subparagraph (2) of paragraph (a) of subsection 1 of NAC 459.95323 take effect. 

 5. If the State Environmental Commission amends a threshold quantity or mixture 

concentration of a substance or adds a new substance to the table of highly hazardous 

substances set forth in subsection 1 of NAC 459.9533 and a facility has a process that 

uses the new substance or that uses the substance in an amount that exceeds the amended 

threshold quantity or mixture of concentration, the owner or operator shall, not later than 

90 days after the effective date of the regulation which contains the addition or 

amendment, submit to the Division registration for the process in accordance with 

subsection 6. 
NAC 459 - 34 

 6. A complete registration consists of: 

 (a) Information about the facility as set forth in NAC 459.9535; 

 (b) A summary of the accident history in accordance with NAC 459.95354; 

 (c) The status of any recommendation of the process hazard analysis developed 

pursuant to subsection 8 of NAC 459.95414 that was unresolved when the registration for 

the previous year was submitted; 

 (d) Such other information that may be required by the Division; and 

 (e) Certification as set forth in NAC 459.95337. 

 (Added to NAC by Environmental Comm’n by R121-98, 5-27-99, eff. 6-21-99; A by 

R041-01, 10-25-2001; R137-04, 2-15-2005) 

REVISER’S NOTE.

 The regulation of the State Environmental Commission filed with the Secretary of State on February 15, 2005 (LCB 

File No. R137-04), which amended this section, contains the following provision not included in NAC: 

 “Notwithstanding any provision of NAC 459.95348 to the contrary, an owner or operator who, on February 15, 

2005, holds an annual registration covering all the processes subject to the tier A or tier B program that was issued 

pursuant to the former provisions of NAC 459.95348 shall be deemed to hold an annual registration for those processes 

issued pursuant to the provisions of NAC 459.95348 as amended by this regulation.” 

 

 NAC 459.9535 Annual registration: Information concerning facility. (NRS 

459.3818, 459.3822, 459.3833) Information about the facility on the annual registration 

form must include: 

 1. The name, street, city, county, state, zip code, latitude and longitude of the facility, 

the method for obtaining the latitude and longitude, and a description of the location that 

the latitude and longitude represent. 

 2. The Dun & Bradstreet number for the facility. 

 3. The name and Dun & Bradstreet number of any parent corporation. 

 4. The name, telephone number and mailing address of the owner or operator. 

 5. The name and title of the person with overall responsibility for the implementation 

of C.A.P.P. 

 6. The name, title, telephone number during normal business hours and telephone 

number that is available 24 hours per day of an emergency contact. 

 7. For each process: 

 (a) The name and C.A.S. number of each substance. 

 (b) The maximum quantity of each substance on-site between June 1 of the previous 

year and May 31 of the current year. For a new process, the owner or operator shall 

include in its annual registration form information about the maximum inventory they 

expect to have on-site through the following May 31. 

 (c) The N.A.I.C.S. code that is applicable to the process. 

 8. The identifier assigned by the United States Environmental Protection Agency, if 

any, to the facility. 

 9. The number of full-time employees at the facility. 

 10. Whether the facility is subject to 29 C.F.R. § 1910.119. 

 11. Whether the facility is subject to 40 C.F.R. Part 355. 

 12. Whether the facility has an operating permit pursuant to 40 C.F.R. Part 70 and, if 

applicable, the permit number. 

 13. The date of the last safety inspection of the facility by a federal, state or local 

governmental agency and the identity of the inspecting entity. 
NAC 459 - 35 

 (Added to NAC by Environmental Comm’n by R121-98, 5-27-99, eff. 6-21-99; A by 

R041-01, 10-25-2001; R137-04, 2-15-2005) 

 NAC 459.95354 Annual registration: Accident history of facility. (NRS 459.3818, 

459.3822, 459.3833) An annual registration must include an accident history of the 

facility for the period starting on June 1 of the previous year and ending on May 31 of the 

current year. The accident history of the facility must include a description of: 

 1. Any unanticipated or unusual event at the facility that resulted in the release, 

including, without limitation, any accidental releases, of any highly hazardous substance 

or explosive; and 

 2. The efforts undertaken by the owner and operator of the facility to assess the 

reasons and develop a remedy for the release or accidental release of the substance. 

 (Added to NAC by Environmental Comm’n by R121-98, 5-27-99, eff. 6-21-99; A by 

R041-01, 10-25-2001; R137-04, 2-15-2005) 

Hazard Assessments 

 NAC 459.95364 Parameters for analysis of off-site consequences. (NRS 459.3818, 

459.3833)

 1. An owner or operator shall use the following endpoints when preparing an analysis 

of off-site consequences: 

 (a) For toxic highly hazardous substances, the toxic endpoints provided pursuant to 

NAC 459.9533; 

 (b) For flammable highly hazardous substances and explosives: 

 (1) In a scenario that studies the potential effects of an explosion, an overpressure 

of 1 psi (0.0703 kilograms per square centimeter); 

 (2) In a scenario that studies radiant heat and exposure time, a radiant heat of 5 

kw/m2 (1586 BTU per hour per square foot) for 40 seconds; or 

 (3) In a scenario that studies the lower flammability limit, the lower flammability 

limit provided by the N.F.P.A. or other generally recognized sources; or 

 (c) If an endpoint is not provided pursuant to NAC 459.9533 or a substance is not 

designated or classified as toxic, flammable or explosive pursuant to NAC 459.9533, the 

owner or operator shall define an appropriate endpoint that results in the greatest impact 

to employees and public receptors. The owner or operator shall define a toxic endpoint in 

a manner that is comparable to the health impacts defined by ERPG-2 of the Emergency 

Response Planning Guidelines Series, which is adopted by reference pursuant to NAC 

459.95528, and shall define a flammable or explosive endpoint as set forth in paragraph 

(b). 

 2. The owner or operator shall use a wind speed of 1.5 meters per second (4.9 feet per 

second) and an atmospheric stability class of F when preparing the worst-case release 

analysis, except that, if the owner or operator demonstrates that local meteorological data 

show a higher minimum wind speed or less stable atmosphere at all times during the 

previous 3 years, these minimums may be used. For an analysis of an alternative 

scenario, the owner or operator shall use the typical meteorological conditions. 
NAC 459 - 36 

 3. Except as otherwise provided in this subsection, the owner or operator shall use the 

highest daily maximum temperature during the previous 3 years and the average humidity 

for the site based on temperature and humidity data gathered on-site or at a local 

meteorological station for a worst-case release analysis involving a toxic highly 

hazardous substance. A facility using the R.M.P. Guidance for Off-Site Consequence 

Analysis, which is adopted by reference pursuant to NAC 459.95528, may use 25°C 

(77°F) and 50 percent humidity as values for these variables. For an analysis of an 

alternative scenario, the owner or operator may use typical temperature and humidity data 

gathered on-site or at a local meteorological station. 

 4. The owner or operator shall analyze: 

 (a) A worst-case release of a toxic highly hazardous substance assuming a ground 

level (0 feet) release. 

 (b) An alternative scenario involving a toxic highly hazardous substance using the 

release height that is determined by the release scenario. 

 5. The owner or operator shall use urban or rural topography for a worst-case release 

scenario or an alternative scenario, as appropriate. An urban topography has many 

obstacles, such as buildings and trees, in the immediate area. A rural topography has no 

buildings in the immediate area, and the terrain is generally flat and unobstructed. 

 6. The owner or operator shall ensure that any table or model used for a dispersion 

analysis of a toxic highly hazardous substance appropriately accounts for gas density. 

 7. For a worst-case release analysis, the owner or operator shall assume that a liquid 

other than a gas which is liquefied by refrigeration only is released at the highest daily 

maximum temperature based on data for the previous 3 years appropriate for the facility, 

or at process temperature, whichever is higher. For an alternative scenario, the owner or 

operator may assume that the substance is released at a process or ambient temperature 

which is appropriate for the scenario. 

 8. As used in this section, “typical meteorological conditions” means the temperature, 

wind speed, cloud cover and atmospheric stability class that prevail at the site based on data 

gathered at or near the site or from a local meteorological station. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.95366 Analysis of worst-case scenarios. (NRS 459.3818, 459.3833)

 1. The owner or operator of a facility may use the guidelines set forth in the R.M.P. 

Guidance for Off-Site Consequence Analysis, which is adopted by reference pursuant to 

NAC 459.95528, to calculate any of the values required in this section. 

 2. For each process, the owner or operator shall prepare: 

 (a) One worst-case release scenario that is estimated to create the greatest distance in 

any direction to an endpoint resulting from an accidental release of a toxic highly 

hazardous substance under worst-case conditions as described in NAC 459.95364; 

 (b) One worst-case release scenario that is estimated to create the greatest distance in 

any direction to an endpoint resulting from an accidental ignition or detonation of a 

flammable or explosive substance under worst-case release conditions as described in 

NAC 459.95364; and 
NAC 459 - 37 

 (c) Additional worst-case release scenarios for a facility if: 

 (1) A worst-case release from another process at the facility potentially affects 

different public receptors than those affected by the worst-case release scenario prepared 

pursuant to paragraphs (a) and (b); or 

 (2) A toxic or flammable highly hazardous substance is present in excess of the 

threshold quantity and was not considered as part of the worst-case release scenarios 

prepared pursuant to paragraphs (a) and (b). 

 3. When preparing a worst-case release scenario: 

 (a) For a highly hazardous substance, the owner or operator shall assume that the 

release quantity is the greater of: 

 (1) For substances in a vessel, the greatest amount held in a single vessel, taking 

into account administrative controls that limit the maximum quantity. 

 (2) For substances in pipes, the greatest amount in a pipe, taking into account 

administrative controls that limit the maximum quantity. 

 (b) For an explosive, the owner or operator shall select the inventory that produces the 

greatest distance to an endpoint. 

 4. The owner or operator shall model each substance as a toxic substance, a 

flammable substance or an explosive as described in NAC 459.9533. If a substance is not 

described as a toxic substance, a flammable substance or an explosive pursuant to NAC 

459.9533, the owner or operator shall select the scenario providing the most significant 

impact on employees and the public. 

 5. For toxic substances that are normally gases at ambient temperature and handled as 

a gas or as a liquid under pressure, the owner or operator shall: 

 (a) Assume that the quantity in the vessel or pipe, as determined pursuant to 

subsection 3, is released as a gas over a period of 10 minutes; 

 (b) Assume that the release rate, in pounds per minute, is the total quantity divided by 

10, unless passive mitigation systems are in place; and 

 (c) Calculate the impact of passive mitigation measures on the release rate using the 

R.M.P. Guidance for Off-Site Consequence Analysis, which is adopted by reference 

pursuant to NAC 459.95528. 

 6. For gases handled as refrigerated liquids at ambient pressure, the owner or 

operator: 

 (a) Shall assume that the substance is released as a gas in 10 minutes, if the released 

substance is not contained by passive mitigation systems or if the contained pool would 

have a depth of 1 cm (0.39 inch) or less; and 

 (b) May assume that the quantity of the substance in the vessel or pipe, as determined 

pursuant to subsection 3, is spilled instantaneously to form a liquid pool, if the released 

substance is contained by passive mitigation systems in a pool with a depth greater than 1 

cm (0.39 inch). The owner or operator shall calculate the volatilization rate at the boiling 

point of the substance and at the conditions set forth in subsections 7, 8 and 9. 

 7. For toxic substances that are normally liquids at ambient temperature, the owner or 

operator shall assume that the quantity in the vessel or pipe, as determined pursuant to 

subsection 3, is spilled instantaneously to form a liquid pool. The owner or operator shall 

determine the surface area of the pool by assuming that the liquid spreads to 1 cm (0.39 

inch) deep, unless passive mitigation systems are in place that serve to contain the spill 

and limit the surface area. If passive mitigation is in place, the owner or operator shall use 
NAC 459 - 38 

the surface area of the contained liquid to calculate the volatilization rate. If the release 

would occur onto a surface that is not paved or smooth, the owner or operator may take 

into account the actual surface characteristics. 

 8. When determining the volatilization rate for purposes of subsection 7, the owner or 

operator shall account for: 

 (a) The highest daily maximum temperature occurring during the past 3 years; 

 (b) The temperature of the substance in the vessel; and 

 (c) If the liquid spilled is a mixture or solution, the concentration of the substance. 

 9. For purposes of subsection 7, the owner or operator shall determine the rate of 

release to air from the volatilization rate of the liquid pool determined pursuant to 

subsection 8. The owner or operator may use the methodology set forth in the R.M.P. 

Guidance for Off-Site Consequence Analysis, which is adopted by reference pursuant to 

NAC 459.95528, or another publicly available technique that accounts for the modeling 

conditions and is recognized in the industry as a current practice. The owner or operator 

may use a proprietary model that accounts for the modeling conditions if the owner or 

operator allows the Division access to the model and describes to local emergency 

planners, upon request, the features of the model and any differences from publicly 

available models. 

 10. The owner or operator shall assume that the quantity of the flammable substance 

determined pursuant to subsection 3 vaporizes resulting in a vapor cloud explosion. The 

owner or operator shall use a yield factor of 10 percent of the available energy released in 

the explosion to determine the distance to the explosion endpoint if the model used is 

based on TNT-equivalent methods. 

 11. For explosives, the owner or operator shall employ methods for calculating 

overpressure based upon generally accepted practices. 

 12. The owner or operator shall use the parameters defined in NAC 459.95364 to 

determine the distance to the endpoints. The owner or operator may use the methodology 

provided in the R.M.P. Guidance for Off-Site Consequence Analysis, which is adopted by 

reference pursuant to NAC 459.95528, or any commercially or publicly available 

technique for air dispersion modeling if the technique accounts for the modeling 

conditions and is recognized in the industry as a current practice. The owner or operator 

may use a proprietary model that accounts for the modeling conditions if the owner or 

operator allows the Division access to the model and describes to local emergency 

planners, upon request, the features of the model and any differences in the model from 

publicly available models. 

 13. The owner or operator may consider passive mitigation systems for the worst-case 

release scenario analysis if the mitigation system is capable of withstanding the event that 

triggered the release and still function as intended. 

 14. Notwithstanding the provisions of subsection 3, the owner or operator shall select 

as the worst-case scenario for a flammable substance, the worst-case scenario for a toxic 

highly hazardous substance or the worst-case scenario for an explosive, a scenario based 

on proximity to the boundary of the facility and smaller quantities of the substance 

handled at a higher process temperature or pressure if such a scenario would result in a 

greater distance to an endpoint beyond the facility boundary than the scenario provided 

pursuant to subsection 3. 
NAC 459 - 39 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R041-01, 

10-25-2001; R137-04, 2-15-2005) 

 NAC 459.95368 Analysis of alternative release scenarios. (NRS 459.3818, 

459.3833)

 1. The owner or operator shall identify and analyze at least one alternative release 

scenario for each toxic highly hazardous substance that is used in a process and at least 

one alternative release scenario to represent all flammable highly hazardous substances or 

explosives that are used in processes. 

 2. The facility may use the R.M.P. Guidance for Off-Site Consequence Analysis, 

which is adopted by reference pursuant to NAC 459.95528, to calculate any of the values 

required in this section. 

 3. For each scenario required pursuant to subsection 1, the owner or operator shall 

select a scenario that: 

 (a) Is more likely to occur than the worst-case release scenario developed pursuant to 

NAC 459.95366; and 

 (b) Will reach an endpoint off-site. If no alternate release scenario will reach an 

endpoint off-site, then the owner or operator shall select the alternate release scenario 

with the most significant on-site impact. 

 4. The owner or operator shall consider, without limitation and where applicable, 

scenarios in which: 

 (a) A transfer hose releases because of splits or sudden uncoupling of the hose; 

 (b) Process piping releases because of a failure at a flange, joint, weld, valve and valve 

seal, drain or bleed; 

 (c) A process vessel or pump releases because of a crack or a failure of a seal, drain, 

bleed or plug; 

 (d) A vessel overfills and spills, or overpressurizes and vents through a relief valve or 

rupture disc; and 

 (e) A shipping container is mishandled and thereby breaks or is punctured leading to a 

spill. 

 5. The owner or operator: 

 (a) Shall use the appropriate parameters set forth in NAC 459.95364 to determine the 

distance to the endpoints; 

 (b) May use: 

 (1) The methodology provided in the R.M.P. Guidance for Off-Site Consequence 

Analysis, which is adopted by reference pursuant to NAC 459.95528; or 

 (2) A commercially or publicly available technique for air dispersion modeling, if 

the technique accounts for the specified modeling conditions and is recognized in the 

industry as a current practice; and 

 (c) May use a proprietary model that accounts for the modeling conditions if the 

owner or operator allows the Division access to the model and describes to local 

emergency planners, upon request, the features of the model and any differences from 

publicly available models. 

 6. The owner or operator may consider active and passive mitigation systems for an 

alternative release scenario if the mitigation systems are capable of withstanding the 

event that triggered the release and still function as intended. 
NAC 459 - 40 

 7. When selecting the alternative release scenarios, the owner or operator shall 

consider, without limitation: 

 (a) Any accidental release and any incident that was investigated pursuant to NAC 

459.95429; and 

 (b) The analyses performed pursuant to NAC 459.95414. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.9537 Estimation of population potentially affected. (NRS 459.3818, 

459.3833)

 1. The owner or operator shall estimate the population within a circle that has its 

center at the point of the release and a radius that is the equivalent of the distance to the 

endpoint determined pursuant to NAC 459.95364. In making the estimation of the 

population, the owner or operator shall take into account the presence of institutions, such 

as schools, hospitals, prisons, parks and recreational areas, and major commercial, office 

and industrial buildings within the circle. 

 2. The owner or operator may use the R.M.P. Guidance for Off-Site Consequence 

Analysis, which is adopted by reference pursuant to NAC 459.95528, to calculate the 

values required in this section. 

 3. The owner or operator may use the most recent census data or any other updated 

information to estimate the population potentially affected. 

 4. The owner or operator shall estimate the population to two significant digits. 

 5. The owner or operator shall maintain at his facility the current estimate of 

population made pursuant to this section. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.95372 Definition of environmental receptors. (NRS 459.3818, 459.3833)

 1. The owner or operator shall define the environmental receptors within a circle with 

its center at the point of the release and a radius that is the equivalent of the distance to 

the endpoint determined pursuant to NAC 459.95364. 

 2. The owner or operator may use the R.M.P. Guidance for Off-Site Consequence 

Analysis, which is adopted by reference pursuant to NAC 459.95528, to calculate the 

values required in this section. 

 3. The owner or operator may rely on information provided on local maps prepared 

by the United States Geological Survey or on any source containing United States 

Geological Survey data to identify environmental receptors. 

 4. The owner or operator shall maintain at his facility the current list of environmental 

receptors defined by the owner or operator pursuant to this section. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.95374 Review and update of off-site consequence analyses; revised 

analyses. (NRS 459.3818, 459.3833)

 1. The owner or operator shall review and update the off-site consequence analyses 

developed pursuant to NAC 459.95364 to 459.95372, inclusive, at least once every 5 

years. 
NAC 459 - 41 

 2. If there is a change at a facility in a process that involves a highly hazardous 

substance or explosive or the quantity of such a substance or explosive that is stored or 

handled at the facility, or if any other change at the facility might reasonably be expected 

to increase or decrease the distance to the endpoint by a factor of two or more, the owner 

or operator shall prepare a revised analysis not later than 6 months after the change. 

 3. The owner or operator shall maintain at his facility the revised analysis prepared 

pursuant to this section. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.95376 Documentation to be maintained concerning worst-case release 

scenarios and alternative release scenarios. (NRS 459.3818, 459.3833) The owner or 

operator shall maintain at his facility: 

 1. For worst-case release scenarios: 

 (a) A description of the vessel or pipeline and substance that the owner or operator 

selected as worst-case; and 

 (b) A list of the assumptions and parameters that the owner or operator used, 

including, without limitation: 

 (1) A description of any administrative controls and passive mitigation that the 

owner or operator assumed to limit the quantity of the substance which would be 

released; 

 (2) The anticipated effect of the controls and mitigation on the release quantity and 

rate; and 

 (3) The reasons why the owner or operator selected these assumptions and 

parameters. 

 2. For alternative release scenarios: 

 (a) A description of the scenarios that the owner or operator identified; and 

 (b) A list of the assumptions and parameters that the owner or operator used, 

including, without limitation: 

 (1) A description of any administrative controls and active or passive mitigation 

that the owner or operator assumed to limit the quantity of the substance which would be 

released; 

 (2) The anticipated effect of the controls and mitigation on the release quantity and 

rate; and 

 (3) The reasons why the owner or operator selected these assumptions and 

parameters. 

 3. For worst-case scenarios and alternative release scenarios: 

 (a) Documentation of: 

 (1) The estimated quantity released, release rate and duration of release; 

 (2) The methodology that the owner or operator used to determine the distance to 

the endpoints; and 

 (3) The data that the owner or operator used to estimate the population and 

environmental receptors which potentially will be affected; and 

 (b) Verification that the active and passive mitigation systems are designed to remain 

functional under the conditions of the release scenarios. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99) 
NAC 459 - 42 

Prevention Programs 

 NAC 459.95412 Compilation of information concerning process safety. (NRS 

459.3818, 459.3833)

 1. The owner or operator of a facility with a process that is subject to C.A.P.P. shall 

compile written information concerning process safety before conducting a process 

hazard analysis required pursuant to NAC 459.95414. 

 2. The information concerning process safety must include, without limitation, 

information pertaining to: 

 (a) The hazards of the highly hazardous substances or explosives, including, without 

limitation: 

 (1) Toxicity information; 

 (2) Permissible exposure limits; 

 (3) Physical data; 

 (4) Reactivity data; 

 (5) Corrosivity data; 

 (6) Thermal and chemical stability data; and 

 (7) The foreseeable hazardous effects of inadvertent mixing of different materials. 

¬ Material safety data sheets that satisfy the requirements of 29 C.F.R. § 1910.1200(g) 

may be used to comply with this requirement to the extent they contain the information 

required by this paragraph. 

 (b) The technology of the process, including, without limitation: 

 (1) A block flow diagram or simplified process flow diagram; 

 (2) The process chemistry; 

 (3) The maximum intended inventory; 

 (4) The safe upper and lower limits for any applicable process variable, including, 

without limitation, temperature, pressure, flow and composition; and 

 (5) An evaluation of the consequences of deviations. 

 (c) The equipment in the process, including, without limitation: 

 (1) The materials of construction; 

 (2) Piping and instrument diagrams; 

 (3) Electrical classification; 

 (4) The design of the relief system and the basis for the design; 

 (5) The design of the ventilation system; 

 (6) Design codes and standards that were employed; 

 (7) The material and energy balances for processes that were built after May 26, 

1992; and 

 (8) The safety systems, such as interlocks, detection or suppression systems. 

 3. The owner or operator shall evaluate processes and equipment for conformance to 

applicable codes, standards and good engineering practices and document that the 

processes and equipment comply with recognized and generally accepted good 

engineering practices. 

 4. For existing processes and equipment designed and constructed in accordance with 

codes, standards or practices that are no longer in general use, the owner or operator shall 

determine and document that the equipment is designed, maintained, inspected, tested 

and operating in a safe manner. 
NAC 459 - 43 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.95414 Process hazard analysis. (NRS 459.3818, 459.3833)

 1. The owner or operator shall perform an initial process hazard analysis on a process 

that is subject to C.A.P.P. before introducing highly hazardous substances or explosives 

to the process. 

 2. An owner or operator may use a process hazard analysis that was previously 

completed to comply with NRS 459.380 to 459.3874, inclusive, or 29 C.F.R. § 

1910.119(e) to satisfy the requirement to perform an initial process hazard analysis 

provided that the analysis reflects the current process. 

 3. The owner or operator shall obtain the approval of the Division concerning the 

methodology of the process hazard analysis before conducting the analysis. 

 4. The owner or operator shall select one or more of the following methodologies as 

required by the complexity of the process: 

 (a) A “what if” analysis; 

 (b) A checklist; 

 (c) A “what if” analysis combined with a checklist; 

 (d) A hazard and operability study; 

 (e) A failure mode and effects analysis; 

 (f) A fault tree analysis; or 

 (g) An appropriate equivalent methodology. 

 5. When preparing a process hazard analysis, an owner or operator shall consider: 

 (a) The hazards of the process; 

 (b) Any previous incident that had a likely potential for catastrophic consequences, 

including, without limitation, near misses or accidental releases; 

 (c) The engineering and administrative controls that are applicable to the hazards and 

their interrelationships, including, without limitation, the appropriate application of 

detection methodologies such as process monitoring, control instrumentation with alarms 

or detection hardware; 

 (d) The consequences of a failure of engineering and administrative controls; 

 (e) The siting of the facility; 

 (f) The human factors; and 

 (g) A qualitative evaluation of a range of the possible safety and health effects of a 

failure of controls. 

 6. If not evaluated as part of the process hazard analysis pursuant to subsections 1 to 

5, inclusive, a separate, dedicated hazard analysis, utilizing a checklist or other 

appropriate method, must be conducted to evaluate: 

 (a) Human factors; 

 (b) Facility siting; and 

 (c) External forces. 

 7. The owner or operator shall conduct the process hazard analysis with a team with 

expertise in engineering and process operations. The team must consist of two or more 

persons and include at least: 

 (a) One member who has experience and knowledge specific to the process being 

evaluated; and 
NAC 459 - 44 

 (b) One member who is knowledgeable in the methodology for the specific process 

hazard analysis being used. 

 8. The owner or operator shall: 

 (a) Promptly evaluate the findings and recommendations of the team formed pursuant 

to subsection 7; 

 (b) Determine and document a course of action based on the evaluation; 

 (c) Develop a written schedule of when the actions are to be completed; 

 (d) Complete the actions as soon as possible and document each such completion; and 

 (e) Communicate the actions to operating, maintenance and other employees whose 

work assignments are in the process and who may be affected by the recommendations or 

actions. 

 9. At least once every 5 years after the completion of the initial process hazard 

analysis, a team that satisfies the requirements of subsection 7 shall update and revalidate 

the process hazard analysis to ensure that the process hazard analysis is consistent with 

the current process. 

 10. A process hazard analysis must be updated and revalidated using a team meeting 

the requirements of subsection 7 and pursuant to the procedures set forth in NAC 

459.9549 to 459.955, inclusive. 

 11. An owner or operator shall retain a process hazard analysis and an update and 

revalidation for each process subject to this section, as well as any documented resolution 

of recommendations described in subsection 8, for the life of the process. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R041-01, 

10-25-2001; R137-04, 2-15-2005) 

 NAC 459.95416 Operating procedures. (NRS 459.3818, 459.3833)

 1. The owner or operator of a facility with a process that is subject to C.A.P.P. shall 

develop and implement written operating procedures for that process which: 

 (a) Are consistent with the process safety information developed pursuant to NAC 

459.95412; and 

 (b) Provide clear instructions for safely conducting such a process. 

 2. The operating procedures must include: 

 (a) Steps for each operating phase, including, without limitation, steps for: 

 (1) The initial start-up; 

 (2) Normal operations; 

 (3) Temporary operations; 

 (4) An emergency shutdown, including, without limitation, a description of the 

conditions under which an emergency shutdown is required and the assignment of 

responsibility for a shutdown to a qualified operator; 

 (5) Emergency operations; 

 (6) A normal shutdown; and 

 (7) Start-up following a turnaround or an emergency shutdown. 

 (b) Operating limits, including, without limitation: 

 (1) The consequences of a deviation; and 

 (2) The steps required to correct or avoid a deviation. 

 (c) Safety and health considerations, including, without limitation: 

 (1) The properties of, and hazards presented by, the chemicals used in the process; 
NAC 459 - 45 

 (2) The precautions that are necessary to prevent exposure, including, without 

limitation, engineering controls, administrative controls and personal protective 

equipment; 

 (3) Control measures to be taken if physical contact or airborne exposure occurs; 

 (4) Quality control for raw materials; 

 (5) Control of hazardous chemical inventory levels; and 

 (6) Any special or unique hazards. 

 (d) A description of the safety systems and their functions. 

 3. The owner or operator shall: 

 (a) Ensure that the operating procedures are readily accessible to employees who work 

in or maintain an applicable process; 

 (b) Review the operating procedures as often as necessary to ensure that they reflect 

current operating practice, including, without limitation, any change to a process that may 

result from a change in process chemicals, technology or equipment; 

 (c) Certify annually that the operating procedures are current and accurate; and 

 (d) Develop and implement safe work practices for employees and contractors to 

provide for the control of: 

 (1) Hazards during a lockout or tagout; 

 (2) Hazards during a confined space entry; 

 (3) Hazards while opening the equipment or piping associated with a process; 

 (4) Entrance into the facility by maintenance, contractor, laboratory or other 

support personnel; and 

 (5) Any other hazards that may be encountered. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.95418 Training procedures. (NRS 459.3818, 459.3833) The owner or 

operator of a facility with a process that is subject to C.A.P.P.: 

 1. Shall, except as otherwise provided in subsection 2, ensure that each employee who 

is operating a process or will operate a process is trained in an overview of the process 

and in the operating procedures created pursuant to NAC 459.95416. Such training must 

include, without limitation, training in: 

 (a) The layout of the plant; 

 (b) The location of equipment and instruments; 

 (c) The specific safety and health hazards; 

 (d) Emergency operations, including, without limitation, procedures for an emergency 

shutdown; 

 (e) Safe work practices that are applicable to the job tasks of the employee; and 

 (f) The program for the management of changes developed and implemented pursuant 

to NAC 459.95423, including instruction on how to recognize activities that are not 

replacement in kind. 

 2. May, in lieu of providing the training required pursuant to subsection 1, certify in 

writing that an employee who was operating a process on May 26, 1992, possesses the 

required knowledge, skills and abilities to carry out the duties and responsibilities safely 

as specified in the operating procedures. 
NAC 459 - 46 

 3. Shall provide an employee with refresher training at least once every 3 years, and 

more often if it is determined after consultation with the employees who operate the 

process to be necessary, to ensure that the employee understands and adheres to the 

current operating procedures of the process. 

 4. May provide employees with any combination of classroom and field training, 

including, without limitation, on-the-job training. Training must, at a minimum, follow a 

predefined syllabus or checklist to ensure that each employee receives training which is 

essential to his job performance. On-the-job training, if it is the only method employed, 

does not satisfy the requirements of this subsection unless it follows a predefined syllabus 

or checklist. 

 5. Shall ascertain that each employee who operates a process has received and 

understood the training required pursuant to this section. 

 6. Shall prepare records that include, without limitation: 

 (a) The identity of the employee; 

 (b) The date of training; 

 (c) The substance of the training provided on that date; and 

 (d) The means used to verify that the employee understood the training, including, 

without limitation, any test records from such verification. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R041-01, 

10-25-2001; R137-04, 2-15-2005) 

 NAC 459.95421 Procedures for maintenance of equipment. (NRS 459.3818, 

459.3833)

 1. The owner or operator of a facility with a process subject to C.A.P.P. shall: 

 (a) Establish and implement written procedures to ensure the ongoing integrity of the 

equipment listed in subsection 2; 

 (b) Provide each employee who is involved in maintaining the ongoing integrity of the 

equipment listed in subsection 2 with: 

 (1) An overview of the process that uses the equipment and the potential hazards of 

the process; 

 (2) Training in the procedures that are applicable to the job tasks of the employee 

to ensure that the employee can perform the job tasks in a safe manner; and 

 (3) Training in the program for the management of changes developed and 

implemented pursuant to NAC 459.95423, including instruction on how to recognize 

activities that are not replacement in kind; 

 (c) Perform inspections and tests on process equipment listed in subsection 2; 

 (d) Ensure that the procedures for inspection and testing follow recognized and 

generally accepted good engineering practices; 

 (e) Ensure that the inspections and tests of the equipment are performed: 

 (1) In the frequency required by good engineering practices and consistent with any 

applicable recommendations from the manufacturer of the equipment; or 

 (2) More frequently if determined to be necessary by previous experience in 

operating the equipment; 

 (f) Document each inspection and test that has been performed on the equipment, 

including, without limitation, documentation of: 

 (1) The date of the inspection or test; 

 (2) The name of the person who performed the inspection or test; 
NAC 459 - 47 

 (3) The serial number or other identifier of the equipment on which the inspection 

or test was performed; 

 (4) A description of the inspection or test performed; and 

 (5) The results of the inspection or test; 

 (g) Correct any deficiencies in the equipment that are outside the acceptable limits 

which are described by the process safety information developed pursuant to NAC 

459.95412 before using the equipment again; 

 (h) In the construction of new processes and equipment, ensure that the equipment, as 

fabricated, is suitable for the process for which it will be used; 

 (i) Perform appropriate checks and inspections to ensure that equipment is installed 

properly and consistent with design specifications and instructions from the 

manufacturer; and 

 (j) Ensure that maintenance materials, spare parts and equipment are suitable for the 

process for which they will be used. 

 2. This section applies to: 

 (a) Pressure vessels and storage tanks; 

 (b) Piping systems, including, without limitation, piping components such as valves; 

 (c) Relief and vent systems and devices; 

 (d) Emergency shutdown systems; 

 (e) Controls, including, without limitation, monitoring devices and sensors, alarms and 

interlocks; and 

 (f) Rotating equipment. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.95423 Procedures for management of certain changes. (NRS 459.3818, 

459.3833) The owner or operator of a facility with a process that is subject to C.A.P.P. 

shall: 

 1. Establish and implement written procedures to manage changes, other than a 

replacement in kind, to: 

 (a) Chemicals, technology, equipment and procedures that are used in a process; and 

 (b) Buildings, structures and equipment that affect a process; 

 2. Evaluate the impact of changes to organizational structure or staffing levels on the 

implementation of the prevention program and the emergency response program; 

 3. Ensure that the procedures established pursuant to subsection 1 require that the 

following considerations are addressed before one of the changes described in subsection 

1 occur and that the procedures specify the criteria for review and approval of each of the 

following considerations: 

 (a) The technical basis for the proposed change; 

 (b) The impact of change on safety and health; 

 (c) Whether any modifications to operating procedures will be necessary; 

 (d) The time necessary to make the proposed change; and 

 (e) The requirements for authorization for the elements of the proposed change; 

 4. Inform and train for the change any employee who is involved in the operation of 

the process that is affected by the change and any maintenance or contract employee 

whose job tasks will be affected by the change before the start-up of the process or of the 

affected part of the process; and 
NAC 459 - 48 

 5. Update: 

 (a) The process safety information required pursuant to NAC 459.95412; and 

 (b) The operating procedures or practices required pursuant to NAC 459.95416. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.95425 Pre-start-up safety review. (NRS 459.3818, 459.3833)

 1. The owner or operator of a facility with a process that is subject to C.A.P.P. shall 

perform a pre-start-up safety review for new facilities and for modified facilities when 

the modification is significant enough to require a change in the process safety 

information. 

 2. A pre-start-up safety review must confirm that before a highly hazardous substance 

or explosive is introduced into a process: 

 (a) Construction and equipment is in accordance with design specifications; 

 (b) Safety, operating, maintenance and emergency procedures are in place and are 

adequate; 

 (c) For new or modified facilities, a process hazard analysis has been performed and 

recommendations have been resolved or implemented before start-up; 

 (d) Modified facilities meet the requirements concerning the management of changes 

set forth in NAC 459.95423; and 

 (e) Training of each employee involved in operating and maintaining the process has 

been completed. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.95427 Evaluation and documentation of compliance. (NRS 459.3818, 

459.3833)

 1. The owner or operator of a facility with a process that is subject to C.A.P.P. shall: 

 (a) Certify at least once every 3 years that an evaluation has been performed of 

whether adequate procedures and practices as required pursuant to NAC 459.95412 to 

459.95442, inclusive, have been developed and implemented; 

 (b) Create a report of the findings of the evaluation made pursuant to paragraph (a); 

 (c) Promptly determine and document an appropriate response to any deficiency that 

is discovered during the evaluation; 

 (d) Document that any deficiency discovered during the evaluation has been corrected; 

and 

 (e) Retain the two most recent reports. 

 2. The evaluation must be conducted by at least one person who is knowledgeable in 

the process. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.95429 Investigation of incidents; incident reports; corrective action. 

(NRS 459.3818, 459.3833) The owner or operator of a facility with a process that is 

subject to C.A.P.P. shall: 

 1. Investigate any incident that resulted in, or could reasonably have resulted in, a 

catastrophic release and take corrective action to prevent recurrence of the incident. 
NAC 459 - 49 

 2. Initiate the investigation of the incident as promptly as possible, but not later than 

48 hours after the incident. 

 3. Establish a team to investigate the incident. The team must consist of two or more 

persons and include at least: 

 (a) One person who is knowledgeable in the process involved, including, without 

limitation, a contract employee if his work was involved in the incident; and 

 (b) One person who possesses appropriate knowledge and experience to investigate 

and analyze the incident thoroughly. 

 4. Prepare an incident report at the conclusion of the investigation which must 

include, at a minimum: 

 (a) The date of the incident; 

 (b) The date the investigation of the incident began; 

 (c) A description of the incident; 

 (d) The factors that contributed to the incident; and 

 (e) Recommendations resulting from the investigation. 

 5. Establish a system to address and resolve the findings and recommendations of the 

incident report promptly. 

 6. Document any solutions and corrective actions taken. 

 7. Ensure that the incident report is reviewed with all affected personnel whose job 

tasks are relevant to the findings of the incident report, including, without limitation, 

contract employees where applicable. 

 8. Retain the incident report for 5 years. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.95431 Employee participation. (NRS 459.3818, 459.3833) The owner or 

operator of a facility with a process that is subject to C.A.P.P. shall: 

 1. Develop a written plan of action regarding the implementation of the employee 

participation required by this section; 

 2. Consult with employees and their representatives about: 

 (a) Conducting and developing process hazard analyses; and 

 (b) Developing and implementing the other requirements of NAC 459.95412 to 

459.95442, inclusive; and 

 3. Provide to employees and their representatives access to process hazard analyses 

and other information which is developed pursuant to NAC 459.95412 to 459.95442, 

inclusive. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.95433 Hot work permits. (NRS 459.3818, 459.3833) The owner or 

operator of a facility with a process that is subject to C.A.P.P. shall: 

 1. Issue a hot work permit for hot work conducted on or near a process; 

 2. Document in the permit: 

 (a) That the fire prevention and protection requirements in 29 C.F.R. § 1910.252(a) 

are implemented before beginning hot work; 

 (b) The dates which are authorized for hot work; and 

 (c) The object on which hot work is to be performed; and 
NAC 459 - 50 

 3. Keep the permit on file until completion of the hot work. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.95435 Duties of owner or operator concerning contractors; duties of 

contractors. (NRS 459.3818, 459.3833)

 1. The owner or operator of a facility with a process that is subject to C.A.P.P. shall: 

 (a) When selecting a contractor, obtain and evaluate information regarding the safety 

performance and programs of the contractor; 

 (b) Inform the contractor of known potential fire, explosion or toxic release hazards 

related to the work of the contractor and to the process on which he is working; 

 (c) Explain to the contractor the applicable provisions of NAC 459.9544 and 

459.95442; 

 (d) Develop and implement safe work practices consistent with NAC 459.95416; and 

 (e) Periodically evaluate the performance of the contractor in satisfying the 

requirements of subsection 2. 

 2. The contractor shall: 

 (a) Ensure that each of his employees who will work on the process is trained in the 

work practices necessary to perform his job safely; 

 (b) Ensure that each of his employees who will work on the process is instructed in: 

 (1) The known potential fire, explosion or toxic release hazards related to his job 

and the process on which he is working; and 

 (2) The applicable provisions of the emergency action plan; 

 (c) Document that each of his employees who will work on the process has received 

and understood the training required pursuant to this subsection; 

 (d) Prepare a record that contains: 

 (1) The identity of the employee; 

 (2) The date of training; and 

 (3) The means used to verify that the employee understood the training; 

 (e) Ensure that each of his employees who works on the process follows the safety 

rules of the facility, including, without limitation, the safe work practices required 

pursuant to NAC 459.95416; and 

 (f) Advise the owner or operator of any unique hazards presented by or found during 

the work of an employee. 

 3. This section: 

 (a) Applies to contractors who perform maintenance or repair, turnaround, major 

renovation, or specialty work on or adjacent to a process. 

 (b) Does not apply to contractors who provide incidental services that do not influence 

process safety, including, without limitation, janitorial work, food and drink services, 

laundry, delivery or other supply services. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 
NAC 459 - 51 

Emergency Response Programs 

 NAC 459.9544 Compliance; exemption. (NRS 459.3818, 459.3833)

 1. Except as otherwise provided in subsection 2, the owner or operator of a facility 

with a process that is subject to C.A.P.P. shall comply with the requirements of NAC 

459.95442. 

 2. The owner or operator of a facility in which the employees will not respond to an 

accidental release is not required to comply with the provisions of NAC 459.95442 if: 

 (a) For facilities subject to 29 C.F.R. Part 1910, the facility has implemented a written 

emergency action plan that contains the elements set forth in 29 C.F.R. § 1910.38(c)-(f); 

 (b) Appropriate mechanisms are in place to notify emergency responders when there 

is a need for a response; and 

 (c) The facility has coordinated response actions with the local fire department. For 

response actions to be coordinated, the owner or operator shall: 

 (1) Identify the first responding fire station and hazardous materials response 

station; 

 (2) Review the written emergency action plan and appropriate mechanisms for 

notification developed for the facility with the responders identified in subparagraph (1) 

or their representatives; 

 (3) Keep a written record of such review meetings, including comments by the 

responders or their representatives to the written emergency action plan and appropriate 

mechanisms for notification of the responders; and 

 (4) Update information on a basis agreeable to the owner or operator and the 

responders. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R041-01, 

10-25-2001; R137-04, 2-15-2005) 

 NAC 459.95442 Establishment and implementation; review and coordination; 

written program. (NRS 459.3818, 459.3833)

 1. An owner or operator shall: 

 (a) Establish and implement an emergency response program to protect employees, 

public health and the environment, which program must include: 

 (1) For facilities subject to 29 C.F.R. Part 1910, a written emergency action plan 

that contains the elements set forth in 29 C.F.R. § 1910.38(c)-(f); 

 (2) For facilities subject to 29 C.F.R. Part 1910, a program that contains the 

elements outlined in 29 C.F.R. § 1910.120(q); 

 (3) Procedures for informing the public and local emergency response agencies 

about an accidental release; 

 (4) Documentation of proper first-aid and emergency medical treatment necessary 

to treat accidental human exposures; 

 (5) Procedures and measures for emergency response after an accidental release; 

 (6) Procedures for the use, inspection, testing and maintenance of emergency 

response equipment; 

 (7) Training for all employees in relevant procedures for emergency response; and 

 (8) Procedures to review and update, as appropriate, the emergency response 

program to reflect changes at the facility and ensure that employees are informed of 

changes. 
NAC 459 - 52 

 (b) Review and coordinate the emergency response program developed pursuant to 

paragraph (a) with local emergency responders. For response actions to be coordinated, 

the owner or operator shall: 

 (1) Identify the first responding fire station and hazardous materials response 

station; 

 (2) Review the emergency response program developed for the facility with the 

responders identified in subparagraph (1) or their representatives; 

 (3) Keep a written record of such review meetings, including comments by the 

responders or their representatives to the emergency response program for the facility; 

and 

 (4) Update information on a basis agreeable to the owner or operator and the 

responder. 

 2. A written program satisfies the requirements of this section if it: 

 (a) Complies with other federal contingency plan regulations and the requirements set 

forth in subsection 1; or 

 (b) Complies with the requirements set forth in subsection 1 and is consistent with the 

approach of the National Response Team’s Integrated Contingency Plan Guidance set 

forth in 61 Fed. Reg. 28,641-28,664 and 31,103-31,104 (1996). 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R041-01, 

10-25-2001; R137-04, 2-15-2005) 

Two or More Releases From Facility 

 NAC 459.95486 Prerequisites for exemption of process from C.A.P.P.; continued 

compliance. (NRS 459.3813, 459.3818)

 1. A process that is otherwise subject to C.A.P.P. pursuant to subparagraph (2) of 

paragraph (a) of subsection 1 of NAC 459.95323 is not subject to C.A.P.P. if: 

 (a) Two or more years have elapsed since the owner or operator has registered 

pursuant to NAC 459.95348 and completed the process hazard analysis; 

 (b) The owner or operator has complied with all relevant requirements of C.A.P.P.; 

 (c) The recommendations developed pursuant to subsection 8 of NAC 459.95414 are 

implemented; and 

 (d) The State Environmental Commission has granted the exemption pursuant to NAC 

459.95488. 

 2. The Division shall require continued compliance with C.A.P.P. until the 

recommendations from the process hazard analysis are completed and the State 

Environmental Commission has granted the exemption pursuant to NAC 459.95488. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.95488 Grant of exemption from C.A.P.P.: Procedure; considerations. 

(NRS 459.3813, 459.3818, 459.3832)

 1. In order to be granted an exemption by the State Environmental Commission from 

C.A.P.P., the owner or operator of a facility with a process that is subject to C.A.P.P. 

pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NAC 459.95323 must 

submit: 

 (a) A written letter to the Division requesting exemption from C.A.P.P.; and 
NAC 459 - 53 

 (b) A list indicating that the recommendations developed pursuant to subsection 8 of 

NAC 459.95414 have been implemented. The list must be certified pursuant to NAC 

459.95337. 

 2. Not later than 60 calendar days after the Division receives the information 

submitted to it pursuant to subsection 1, the Division shall verify compliance with 

paragraphs (a), (b) and (c) of subsection 1 of NAC 459.95486. 

 3. Not later than 90 calendar days after the Division receives the information 

submitted to it pursuant to subsection 1, the Division shall: 

 (a) Document its findings concerning the verification made pursuant to subsection 2; 

and 

 (b) Notify the owner or operator in writing of the findings made pursuant to paragraph 

(a). 

 4. Once the owner or operator has received notice that the Division has verified 

compliance with paragraphs (a), (b) and (c) of subsection 1 of NAC 459.95486, he may 

petition the State Environmental Commission to become exempt from C.A.P.P. by filing 

with the Secretary of the State Environmental Commission: 

 (a) A letter requesting exemption from C.A.P.P.; and 

 (b) A copy of the findings of the Division made pursuant to subsection 3. 

 5. Upon receiving the letter and findings from an owner or operator pursuant to 

subsection 4, the Secretary of the State Environmental Commission shall: 

 (a) Schedule a review of the petition at the next meeting of the State Environmental 

Commission; and 

 (b) Notify the public by publication and the use of public service announcements of 

the petition. 

 6. At the hearing, the State Environmental Commission will consider the following to 

determine whether it will grant the petition: 

 (a) Whether the causes of any releases have been adequately mitigated to prevent 

future releases; 

 (b) Whether the facility has an adequate program in place to maintain the accident 

prevention program established pursuant to C.A.P.P.; 

 (c) Whether the Division believes that the exemption should be granted; and 

 (d) Whether the facility has had an accidental release since becoming subject to 

C.A.P.P. 

 7. If the State Environmental Commission: 

 (a) Grants the exemption, the exemption will become effective on the day following 

the hearing. 

 (b) Does not grant the exemption, the Commission will provide the owner or operator 

with an explanation of the reason the Commission denied the exemption. 

 8. The owner or operator may reapply for the exemption at any time. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 
NAC 459 - 54 

Revalidation of Process Hazard Analysis 

 NAC 459.9549 General requirements; new analysis in lieu of revalidation. (NRS 

459.3818, 459.3833)

 1. The revalidation of a process hazard analysis that is required pursuant to NAC 

459.95414 must: 

 (a) Confirm pursuant to NAC 459.95496, 459.95498 and 459.955 that the analysis is 

valid for the current process; 

 (b) Determine the status of recommendations from the previous process hazard 

analysis; and 

 (c) Satisfy the requirements of NAC 459.95414. 

 2. The owner or operator may perform a new process hazard analysis in lieu of 

revalidating a previous analysis, if: 

 (a) The process hazard analysis satisfies the requirements of NAC 459.95414; and 

 (b) All the supporting information, including, without limitation, the process safety 

information, operating procedures, training program, mechanical integrity program and 

emergency response program reflect current operations. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.95496 Current process safety information and hazard assessment. 

(NRS 459.3818, 459.3833)

 1. A revalidated process hazard analysis must reflect current process safety 

information required pursuant to NAC 459.95412. The owner or operator shall document 

specifically how the accuracy of the process safety information was validated. 

 2. A revalidated process hazard analysis must reflect the current hazard assessment. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.95498 Current procedures and programs. (NRS 459.3818, 459.3833) A 

revalidated process hazard analysis must reflect current operating procedures, training 

programs, maintenance programs and emergency response programs required pursuant to 

NAC 459.95416, 459.95418, 459.95421, 459.9544 and 459.95442. The owner or 

operator shall document specifically how the accuracy of such information was validated. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.955 Consideration of incidents; recommendations for correction of 

deficiencies. (NRS 459.3818, 459.3833)

 1. All incidents that had the potential for, or actually resulted in, a release, fire or 

explosion involving a highly hazardous substance or explosive must be considered by the 

person or team conducting a revalidation of a process hazard analysis. 

 2. The revalidation of the analysis must include, without limitation: 

 (a) A review of the recommendations that were made as a result of the investigation; 

and 

 (b) Confirmation that the recommendations are being implemented in a timely 

manner. 
NAC 459 - 55 

 3. If a deficient element of a prevention program was a contributing factor to an 

incident, the person or team conducting the revalidation shall make recommendations to 

correct the deficiency. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

Administration and Enforcement 

 NAC 459.9552 Site inspections. (NRS 459.3818, 459.3832, 459.3833, 459.387)

 1. The Division shall conduct a site inspection pursuant to this section at least once 

per year for each facility registered pursuant to NAC 459.95348. 

 2. The Division may request information from the owner or operator of the facility in 

advance of any inspection related to compliance with any C.A.P.P. requirement. The 

Division may require that any information submitted pursuant to this subsection be 

certified pursuant to NAC 459.95337. 

 3. Except as otherwise provided in subsection 4, during a site inspection, the Division 

shall: 

 (a) Evaluate whether the facility is in compliance with the requirements of its: 

 (1) Prevention program; 

 (2) Emergency response program; and 

 (3) Hazard assessment; and 

 (b) Validate information submitted by the owner or operator of the facility. 

 4. The Division is not obligated to perform the evaluation pursuant to paragraph (a) of 

subsection 3 in its entirety on an annual basis, but may fulfill the requirements of 

paragraph (a) of subsection 3 over multiple inspections, prioritizing the order of the 

evaluation by perceived program deficiencies and potential hazard. 

 5. The Division must document the inspection results in a written report. The report 

must include, without limitation: 

 (a) The name of the facility, dates of inspection and the names of facility personnel 

present; 

 (b) Processes reviewed and hazardous materials involved; 

 (c) The findings and conclusions of the inspection; and 

 (d) The corrective actions required of the owner or operator of the facility. 

 6. Copies of the report prepared pursuant to subsection 5 must: 

 (a) Be placed in the facility file, which must be available for public review; and 

 (b) Be sent to the owner or operator of the facility. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R137-04, 

2-15-2005) 

 NAC 459.95521 Investigation of accidents. (NRS 459.3818, 459.38195, 459.3824)

 1. The Division may investigate an accident occurring in connection with a process 

that involves one or more highly hazardous substances or explosives at a facility which 

results in an uncontrolled emission, fire or explosion and which presents or presented an 

imminent and substantial danger to the health of the employees of the facility, the public 

health or the environment, to determine the cause of the accident if the owner or operator 

of the facility: 
NAC 459 - 56 

 (a) Is unwilling to commence and has not commenced an investigation of the accident 

in a timely manner; or 

 (b) Is not capable of conducting an investigation and has not retained persons who 

have expertise to conduct an investigation of the accident. 

 2. Except as otherwise provided in subsection 3, before the Division commences an 

investigation of an accident, the Division must provide written notice to the owner or 

operator: 

 (a) Defining the scope of the investigation; 

 (b) Citing the Division’s authority and the reasons pursuant to subsection 1 for 

conducting the investigation; 

 (c) Providing an explanation of how the Division’s costs will be recovered; and 

 (d) Informing the owner or operator that if the owner or operator fails to commence an 

investigation of the accident within 24 hours after receiving the written notice, the 

Division will commence its investigation of the accident and begin accruing costs. 

 3. The provisions of subsection 2 do not preclude the Division from commencing its 

investigation immediately if the Division determines that time is of the essence in 

gathering data. 

 4. The decision by the Division to conduct an investigation pursuant to this section 

does not relieve the owner or operator of the obligation to investigate pursuant to NAC 

459.95429. 

 5. Except as otherwise provided in subsection 6, the Division shall accrue costs for 

the investigation and invoice the owner or operator the following amounts: 

 (a) For activities conducted by personnel of the Division, the amount of $68 per hour; 

 (b) For activities conducted by contractors, an amount equal to the cost to the 

Division; and 

 (c) Such other amounts as are necessary for the Division to recover all costs incurred 

by the Division in conducting the investigation. 

 6. In no event may the total amount invoiced by the Division pursuant to subsection 5 

for an investigation exceed the total costs incurred by the Division in conducting the 

investigation. 

 7. An investigation conducted by the Division pursuant to this section shall be 

deemed complete when, to the satisfaction of the Division: 

 (a) The direct cause of the accident and each contributing cause or potential cause of 

the accident has been identified; 

 (b) Each root cause of the accident, or each potential root cause, has been identified; 

 (c) The remedial steps to prevent recurrence of the accident have been identified; and 

 (d) The remedial steps so identified have been implemented. 

 8. As used in this section: 

 (a) “Direct cause of the accident” means the condition or event that resulted in the 

accident. 

 (b) “Expertise to conduct an investigation” means having technical or operational 

knowledge plus knowledge of investigative techniques to make a determination of the 

direct, contributing and root causes of an accident. 

 (c) “In a timely manner” means to start the investigation process with a formally 

defined investigation team within 48 hours after the accident. 
NAC 459 - 57 

 (d) “Is not capable of conducting an investigation” means that the owner or operator 

does not have the expertise to conduct an investigation within the group of employees 

and contractors of the owner or operator. 

 (e) “Root cause of the accident” means a condition or event that, if corrected, would 

prevent recurrence of the accident. 

 (Added to NAC by Environmental Comm’n by R137-04, eff. 2-15-2005) 

 NAC 459.95523 Protection of confidentiality of certain information. (NRS 

459.3818, 459.3822)

 1. The Division shall, in accordance with this section and NRS 459.3822, protect the 

confidentiality of any information that is obtained pursuant to C.A.P.P., including any 

information obtained through an observation made by the Division during a visit to a 

facility. 

 2. To protect the confidentiality of information, the owner or operator of the facility 

must request such protection in writing, indicating which information is to be protected 

and stating how the conditions in NRS 459.3822 are satisfied. 

 3. A request for, and the granting of, the protection of the confidentiality of 

information made pursuant to this section does not constitute a request for, or the 

granting of, an extension of any deadlines for reporting required pursuant to C.A.P.P., 

and the pending status of such a request does not prohibit access to the information or 

facility by the Division. 

 4. In addition to providing the confidential information to the Division, the owner or 

operator of the facility for which protection of the confidentiality of information is 

obtained pursuant to this section shall, upon the request of the Division, provide a 

redacted version of any submitted information that is intended for public review which 

substitutes the term “CBI” or provides generic information for the information deemed 

confidential. 

 (Added to NAC by Environmental Comm’n by R137-04, eff. 2-15-2005) 

 NAC 459.95526 Administration and enforcement of certain federal regulations. 

(NRS 459.3818, 459.3833)

 1. The provisions of this section apply only during periods when federal authority is 

delegated to the Division pursuant to Subpart E of 40 C.F.R. Part 63. 

 2. Upon receiving delegation of federal authority pursuant to Subpart E of 40 C.F.R. 

Part 63, the Division shall administer and enforce the provisions of 40 C.F.R. §§ 68.3 to 

68.215, inclusive, and Appendix A of 40 C.F.R. Part 68, which are hereby adopted by 

reference. 

 3. A copy of the volume that contains 40 C.F.R. §§ 68.3 to 68.215, inclusive, or 

Appendix A of 40 C.F.R. Part 68 can be obtained from the Superintendent of Documents, 

P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, at a cost of $29. These sections 

are also available, free of charge, from the Government Printing Office at the Internet 

address http://www.gpoaccess.gov. 

 (Added to NAC by Environmental Comm’n by R137-04, eff. 2-15-2005) 
NAC 459 - 58 

 NAC 459.95528 Adoption by reference of certain codes and standards. (NRS 

459.3818, 459.3833) The following provisions are hereby adopted by reference: 

 1. Codes 211112, 32211, 32411, 32511, 325181, 325188, 325192, 325199, 325211, 

325311 and 32532 of the 2002 version of the N.A.I.C.S. A copy of the N.A.I.C.S. may be 

obtained from the National Technical Information Service, 5285 Port Royal Road, 

Springfield, Virginia 22161, at a cost of $49. 

 2. N.F.P.A. 704: Standard System for the Identification of the Hazards of Materials for 

Emergency Response, 2001 edition. A copy may be obtained from the National Fire 

Protection Association, 1 Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts 

02269-9101, at a cost of $28.75. 

 3. N.F.P.A. 30: Flammable and Combustible Liquids Code, 2003 edition. A copy may 

be obtained from the National Fire Protection Association, 1 Batterymarch Park, P.O. Box 

9101, Quincy, Massachusetts 02269-9101, at a cost of $38.25. 

 4. ERPG-2 of the Emergency Response Planning Guidelines Series. A copy of ERPG2 may be obtained from the American Industrial Hygiene Association, 2700 Prosperity 

Avenue, Suite 250, Fairfax, Virginia 22031, at a cost of $15. 

 5. R.M.P. Guidance for Off-Site Consequence Analysis. A copy may be obtained free 

of charge from the United States Environmental Protection Agency, National Service 

Center for Environmental Publications, P.O. Box 42419, Cincinnati, Ohio 45242-2419. 

 6. N.F.P.A. 70, the 2002 version of the National Electrical Code. A copy may be 

obtained from the National Fire Protection Association, 1 Batterymarch Park, P.O. Box 

9101, Quincy, Massachusetts 02269-9101, at a cost of $65. 

 7. 49 C.F.R. § 172.101. A copy of the volume that contains 49 C.F.R. § 172.101 may 

be obtained from the Superintendent of Documents, P.O. Box 371954, Pittsburgh, 

Pennsylvania 15250-7954, at a cost of $49. That section is also available, free of charge, 

from the Government Printing Office at the Internet address http://www.gpoaccess.gov. 

 8. ASME B31.3 - 1999 Process Piping with Addenda. A copy of this standard may be 

obtained from the American Society of Mechanical Engineers, P.O. Box 2300, Fairfield, 

New Jersey 07007-2300, at a cost of $255. 

 9. ASME B31.5 - 2001 Refrigeration Piping and Heat Transfer Components. A copy 

of this standard may be obtained from the American Society of Mechanical Engineers, 

P.O. Box 2300, Fairfield, New Jersey 07007-2300, at a cost of $105. 

 (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R041-01, 

10-25-2001; R137-04, 2-15-2005)