CAPP regulates 40+ facilities handling nearly 30 Million Pounds of Highly Hazardous

Substances 

### State of Nevada

Division of Envir onmental 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 Preven tion Program (CAPP) is clearly stated in NRS 459.380 of the program's enabling statute:

1. Protect the health, safety and gene ral welfare of the residents of th is state from the effects of the improper handling of hazardous chemic als at the point where they are produced, used or stored in this state or where explosiv es 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 ade quate handling of hazardous chemicals produced, used, stored or handled; and explosives that are manufactur ed 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. Pl ease note that the respective facility registration file will be populated with the prior year's regi stration 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 Page 1 of 2 Bureau of Air Pollution Control - CAPP - Hom e

5 / 8 / 201 4 htt p ://nde p .nv. g ov/ba p c/ca pp /ca pp .htm lexamples. 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 ma nagement plan, for the most part, has been

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

found on the Program Guidance page

• Data Forms Like the element audit checklists, the data form s 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, includ ing 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 c overed regulatory requirements. Current Data Form can be found

on the Program Guidance page. Page 2 of 2 Bureau of Air Pollution Control - CAPP - Hom e

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### State of Nevada

Division of Envir onmental 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, highl y 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 Ta ble of Hazardous Materials under 49CFR172.101. Other agency-regulated substances, benzene for example wh ich is a known carcinogen, pose chronic or long-term health impacts and are not covered under CAPP.

CAPP requirements fall into one of three categorie s; 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 pr ocesses and operate within the appropriate design limits, prepare comprehensive operating procedures, t horoughly train operators in those procedures and maintain the facility equipment and instruments to prevent premat ure failure. Through the emergency response program, facilities are require d to develop an action plan for dealing with potential emergency situations and they are further required to coordina te emergency response activiti es 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, a ll information disseminat ed by the facilities is available to the public, as are all site inspection repor ts generated by CAPP staff. There are provisions to protect trade secrets under CAPP, but submission require ments have been structured to generally preclude

the need to submit such information.

CAPP is a proactive program in that it stresses hazar d identification and accident prevention. The intent is to predict what could possibly go wrong and take appr opriate 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 re ports 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 releas e in Henderson, NV in May, 1991 and a large ammonium perchlorate explosion in May, 1988, also in Hende rson. The resulting statute, codified at NRS 459.380 through 459.3874, directed the NDEP to develop and imple ment an accident prevention program, which

was renamed the Chemical Accide nt Prevention Program, or CAPP.

Staffing and program development activities proc eeded through July, 1994. During this time, numerous workshops were held, program guidance was de veloped and a memorandum of understanding was executed with the Nevada Occupa tional Safety and Health Enforcem ent Section (OSHES) to promote Page 1 of 2 BAPC - CAPP - More About CAP P

5 / 8 / 201 4 htt p ://nde p .nv. g ov/ba p c/ca pp /ca p more.htm lcoordinated implementation of CAPP with federal OSHA's Process Safety Mana gement (PSM) regulation. Since PSM program requireme nts are similar in scope to CAPP, c oordination with OSHES was important to prevent duplicative enforcement.

Beginning in October, 1994, regulated facilities bega n submitting assessment reports that outline their efforts to comply with the requirements of CAPP. In cluded 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 st atutes were modified to enable the NDEP to seek delegation for the U.S. EPA’s Risk Management Program (RMP); alt hough 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 quantitie s, to become subject to CAPP after having two accidental releases within a 12 month period. CAPP regul ation 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 opera tion 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 aut hority 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 acci dent prevention. The regulatory amendments became effective on February 15, 2005.

In the 2007 legislative session, CAPP statutory am endments expanded program coverage to include facilities handling or storing mercur y 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 Page 2 of 2 BAPC - CAPP - More About CAP P

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General Provisions

N RS 459.38 0 Legislative declaration.

N RS 459.3802 Definitions.

N RS 459.380 6 “Division” defined.

N RS 459.3807 5 “Facility” defined.

N RS 459.3809 “Process” defined.

N RS 459.38 1 “Regulated facility” defined.

N RS 459.3812 5 “Vessel” defined.

N RS 459.381 3 Applicability of statutory provisions and regulations to certain facilities; exemptions.

N RS 459.3814 Applicability of statutory provisions: Excluded activities.

Administration

N RS 459.381 6 Designation of highly hazardous substances and explosives : Regulations; amendment.

N RS 459.3818 State Environmental Commission to adopt regu lations; Division to admini ster and enforce statutory provisions and regulations; involvement of interest ed persons; applicability of statutory provisions to dealers of lique fied petroleum gas.

N RS 459.3819 Inspections by state and local agencies of facilities where explosives are manufactured, used, processed, handled, moved on site or stored.

N RS 459.3819 5 Investigation of certain accidents: Powers and duties of Di vision; duty of owne r or operator of facility to cooperate.

N RS 459.382 Reports of regulatory agencies; review of requirements of regulatory agencies; final authority of
Division.

N RS 459.3822 Records, reports and other information of facility: Submission by owner or operator of facility; availability for public inspection; confidentia lity of information prot ected as trade secret; regulations.

N RS 459.3824 Annual fees; Fund for Precaution Against Ch emical Accidents.

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

fee.

N RS 459.3832 Regulations concerning certification of r ecords, reports and information submitted to Division; requirements for sign ature on certification.

N RS 459.383 3 Program to prevent an d minimize consequences of accidental release of hazardous substance: Delegation of authority and grant of money from Federal Government; regulations.

N RS 459.3834 Unlawful acts; penalties.

Committee to Oversee the Management of Risks

N RS 459.3862 “Committee” defined.

N RS 459.3864 Creation; appointment of members; appointment of Chairman and Cochairman; resources.

N RS 459.386 6 Receipt of records and do cuments; subpoena; informal inquiries; confiden tiality of trade secret or information; inspection of facility; Attorney General is counsel for Committee; authorization to make recommendations to reviewing authority.

N RS 459.3868 Duties.

Enforcement And Penalties

N RS 459.38 7 Entry into facility to verify compliance with statutory requirements and regulations; issuance of

order.

N RS 459.3872 Injunctive relief; levy of civil administrative penalty; notice of levy of penalty; request for hearing; payment of penalty.

N RS 459.3874 Amount of civil administrative penalties; settlement of claim; imposition of civil penalty. Page 1 of 11 REGULATION OF HIGHLY HAZARD OUS SUBSTANCES AND EXPLOSIVE S

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_ 459.ht mREGULATION OF HIGHLY HAZARDOU S SUBSTANCES A ND EXPLOSIVES

General Provisions

NRS 459.380 Legislative declaration. The Legislature hereby declar es that the purposes of NRS 459.380 to 459.3874

, inclusive, are to: 1. Protect the health, safety an d general welfare of the residents of this state from the effects of the improper handli ng o f hazardous chemicals or expl osives at the point where: (a) The chemicals are produced , used or stored in this state; or (b) The explosives are ma nufactured for sale in this state; 2. Ensure that the employees of this state who ar e required to work with hazardo us chemicals or explosives are guaranteed a safe and hea lthful working environment; 3. Protect the natural resources of this state by preventing and mitigating accidental or unexpected releases of hazardo us 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 ma nufactured 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 ascr ibed 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 h azardous substance or explos ive, including, without li mitation, the use, storage

, manufacture, handling or on-site movement, or any combination thereof of th e substance or explosive. 2. A group of vessels that are used in co nnection with such an activity , including vessels that are: (a) Interconnected; or (b) Separate, but located in such a manner that a high ly hazardous substance or explosive could poten tially 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 su bstance designated as high ly 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 ) Page 2 of 11 REGULATION OF HIGHLY HAZARD OUS SUBSTANCES AND EXPLOSIVE S

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_ 459.ht mNRS 459.3813 Applicabilit y of statutor y provisions and re g ulations to certain fa cilities; 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 i nvolves a highly hazardous substance in a quantity: (1) Equal to or great er than the amount de signated pursuant to NRS 459.3816 ; or (2) Less than the amount designated pursuant to NRS 459.3816 if there are two or more re leases from the facility o f the same or different highly hazardous s ubstances during any 12 -month period and: (I) The release of the highly hazar dous substances is repo rtable pursuant to 40 C.F.R. Part 302; or (II) Each quantity released is equa l to or greater than a maximum quantit y allowable as established by regul ation 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 describe d in subsection 1 shall ensur e 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 pa ragraph (a) of subsection 1 is exempt from the provisions of N RS 459.380 to 459.3874 , inclusive, and any regulations adopted pursuant thereto if: (a) The Division determines that the owner or oper ator of the facility has comp lied with such provisions of NRS 459.380

to 459.3874 , inclusive, and the regulations adopted pursua nt thereto, as the Di vision requires; and (b) The owner or operator of the facility obtains an exemption from the State En vironmental Commission. The State Environmental Commission shall adopt by regulation the procedures for obtain ing 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 su bstance designated as high ly hazardous pursuant to NRS 459.3816

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

NRS 459.3814 Applicability of st atutory 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 agricultur al purpose, including storage of the substance on the premises o f a farm. 3. Activities which are regulated pursuant to both 30 U.S.C. §§ 801 et se q. 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 hazardou s substances and explosives : Regulations; amendment. 1. The State Environmental Commission shall adopt regulations: (a) Designating a list of highly h azardous substances, including, without limita tion, 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 re gulation of that subs tance pursuant to N RS 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 pr ovisions set forth in 29 U.S. C. § 655 and 42 U.S.C. § 7412 (r), and may propose that the State Envi ronmental Commission add or delete a substance or otherwise amend the list o f substances and quantities adopted pursuant to subsection 1.
3. The State Environmental Commission shall adopt regulations designa ting specific materials that are subject to regulation as explosives pursuant to NRS 459.380 to 459.3874 , inclusive, and any regulations adopted pursuant thereto. Page 3 of 11 REGULATION OF HIGHLY HAZARD OUS SUBSTANCES AND EXPLOSIVE S

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_ 459.ht m4. The Division shall regularly examine sources of information available to it, including, without limitation, studies, guidelines and regulations of the Federal Government and the pr ovisions 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 Envi ronmental Commissi on to adopt re g ulations; Division to administer and enforce

statutor y provisions and re g ulations; involvement of int erested persons; applicabilit y of statutor y 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 a ccidental releases of chemicals that satisfi es the provisions o f the chemical process safety standard set forth pursuant to 29 U.S.C. § 655; (c) Provisions necessary to enable the Division to administer and enfo rce the provisions of NRS 459.380 to 459.3874

, inclusive, and any regulatio ns 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 ex ist, the governing bodies of loca l governments and other interested persons in explaining actions taken pursuant to th ose 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 o f liquefied petroleum gas who sell, fill, ref ill, deliver or are permitted to deliver any liquefied petroleum gas in a manner tha t is consistent with 42 U.S.C. § 7412(r)(4)(B). 4. As used in this section, “liquefi ed petroleum gas” has the m eaning ascribed to it in NRS 590.475

. (Added to NRS by 1991, 1998; A 2003, 1601 )

NRS 459.3819 Inspections b y state and local a g encies of facilities where expl osives are manufactured, used, processed, handled, moved on site or stored. 1. The Division shall enter into cooperative agreemen ts with state and local agencies to provide inspections of faciliti es 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 schedul e the inspections in such a manner as to provide an opportunity for participation by: (a) A representative of the fire-fighting agency that exercises juri sdiction over the facility; (b) A representative of the law enforcement ag ency that exercises jurisdic tion 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 secti on 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 insp ection of the facility required or authorized by st ate statute or regulatio n, or local ordinance. 4. Notwithstanding any provision of this section to th e contrary, the provisions of this section do not apply to the min ing industry. (Added to NRS by 1999, 1918 ; A 2003, 1601 )

NRS 459.38195 Investi g ation of certain accidents: Powers and duties of Division; dut y of owner or operator o f facility to cooperate. 1. The Division may investigat e an accident occurring in c onnection 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

p resented an imminent and substantial danger to the health of the employees of the facility, the public health or the environment, to determine the cau se of the accident if the owne r 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 facil ity shall, in a manne r 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 investi g ate the accident site and directl y related facilities

, includin g, without limitation

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_ 459.ht m(2) To examine physical evidence; an d (3) If practicable, to inspect equipment both exte rnally and internally; (b) Providing the Division with pertinent documents; and (c) Allowing the Division to conduct independent intervie ws of the employees of the facility, subject to all rights of th e facility and the employees to be represented by legal counse l, 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 jurisdic tion 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 ex pert in conducting an investigation pursuant to this sect ion and may recover its costs for such services from the owner or oper ator 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 oper ator 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 re g ulator y a g encies; review of requirements of re g ulator y a g encies; final authorit y o f
Division. 1. The Health Division of the Department of Human Resources, the Division of Industrial Relations of the Department o f Business and Industry and any other governmental entity or agen cy of the State responsible fo r minimizing risks to persons and property posed by facilities and hazar dous substances shall subm it to the Division of En vironmental Protection such reports as the Division deems necessa ry to carry out the provisions of NRS 459.380 to 459.3874 , inclusive, and any regulations adopted pursuant thereto. The reports must be subm itted at such times and contai n 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 h azardous substances and facilities. 3. The Division shall review the rules, regulations, st andards, codes and safety orders of other governmental entities a nd agencies of the State responsible for mini mizing risks to persons and property posed by facilities and hazar dous 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 hazar dous 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 facilit y : Submission b y owner or operator of facilit y ; availability for public insp ection; confidentiality of information prot ected as trade secret; regulations. 1. The owner or operator of a facility shall, upon request, submit any records, reports or other information to the Divi sion that the Division deems necessary to ad minister and enfor ce 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 N RS
459.380 to 459.3874 , inclusive, or any regulation adopted pursuant thereto must be made available to the public fo r inspection and copying. 3. The Division shall protect the confidentiality of any information ob tained 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 whic h the information was obtained or which was visited requests such protection; and (b) The information satisfies the conditions fo r protection as a trade secret pursuant to subsection 4. 4. Information is entitled to protectio n as a trade secret unde r 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 employ ee of the United States or a st ate or local government, an em ployee of such a person, or a

p erson who is bound by an agreement of confidentiality, and the owner or operator of the facility has taken reasonable measures to protect the conf identiality of the informat ion 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 o r state law; (c) Disclosure of the information is likely to cause substantial harm to the competitive position of the owner or operato r of the facility; and (d) The chemical identity of a subs tance, 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 Comm ission shall adopt regulations for the protection of the confidentiality of information entitled to protection as a trade s ecret pursuant to this section. 6. The p erson re q uestin g the co py or co p ies of the p ublic records

, shall tender or p a y to the Division such fee as ma y be Page 5 of 11 REGULATION OF HIGHLY HAZARD OUS SUBSTANCES AND EXPLOSIVE S

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_ 459.ht mp rescribed 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 th e Division an annual fee based on the fiscal year. The annual fee fo r each facility is the sum of a base f ee set by the State Environmental Commissi on 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 adop ted pursuant thereto. The additional fee must be based on a graduated schedule adopted by the Commission which takes into consideration the quantity of hazardous su bstances located at each facility. 3. After the payment of the initial annual fee, the Di vision shall send the owner or operator of a facility a bill in Ju ly fo r the annual fee for the fiscal year th en beginning which is based on the a pplicable reports fo r the preceding year. 4. The State Environmental Commission may modify the am ount 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 th e 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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_ 459.ht m6. All fees fines, penalties and other money collected pursuant to N RS 459.38 0 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 cred it 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 pur suant 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 Protec tion shall consult with the Division of Industrial Relations o f 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 Co mmission shall adopt regulations establishi ng the requirements for the issuance of a

p ermit pursuant to this section. An ap plicant shall comply with requirements that the State Environmental Commission establishes by regulation for the issuance of a permit before the applicant may recei ve a permit from th e Division for the construction and operation of the process. 4. The Division may charge and co llect a fee for the issu ance of such a permit. (Added to NRS by 1999, 2007 ; A 2003, 346

, 1605 )

NRS 459.3832 Re g ulations concernin g certification of records, reports and information submitted to Division; requirements for signat ure on certification. 1. The State Environmental Commission shall adopt regulations setting forth: (a) The records, reports and information submitte d to the Division which must contain a certif ication; and (b) The requirements of such certifications. 2. Each certification must be signed by the sole pr oprietor of the facility, the highest ranking corporate officer or pa rtne r at the facility, the manager of the faci lity, 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 Pro g ram to prevent and minimize co nsequences of accidental rel ease of hazardous substance: Delegation of authority and grant of mo ney from Federal Government; regulations. 1. The State Department of Conservation and Natural Resources may, in accordance with the au thority granted to it pursuant to NRS 445B.205 , apply for and accept any delega tion of authority a nd any grant of money from the Federal Government for the purpose of establishing and carrying out a program to prevent and mini mize the consequences of the
accidental release of h azardous substances in acco rdance 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 st atement, 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 th e violation, and each day on wh ich the violation continues cons titutes 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 fo r 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 th e context otherwise requires, “Committee” means a Committ ee to Oversee the Management of Risks, created pursuant to NRS 459.3864

. (Added to NRS by 1991, 2006)

NRS 459.3864 Creation; appo intment of members; appoin tment of Chairman and Cochairman; resources.
1. When there is an accident which poses a significant danger to public h ealth and safety, or a near accident of this nature, in a facility or a group of facil ities, or when the Governor declares that a Committee to Oversee the Management o f Risks in a facility, or group of facilities, would be in the best interests of the pu blic 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, th e Governor shall appoint the me mbers 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 ma y re p resent a catastro p hic threat to p ublic health and safet y

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_ 459.ht m4. The Governor shall appoin t the Chairman and may appoint a Cochairman of the Commi ttee from among the members. 5. The Division shall provide to the Committee necessary resources such as clerical assistance and funding sufficient fo r the Committee to perform its duties. (Added to NRS by 1991, 2006)

NRS 459.3866 Recei pt of records and documents; subpoena ; informal inquirie s; confidentialit y of trade secret or information; inspection of facilit y ; Attorne y General is counsel for Commi ttee; authorization to make recommendations to reviewing authority. 1. After giving reasonable notice to the facility it ov ersees and after making arrangem ents to ensure that the normal operations of the facility will not be disrupted, a Committ ee is entitled to receive from the facility such records and documents as the Committee demonstrates ar e required to carry out its duties. The Co mmittee 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 re view and evaluation of the facility to carry out its duties. 3. In carrying out its duties a Committee and the Attorney General may, by subpoen a, 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 atte ndance of the witness or the

p roduction 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 in formal inquiry of persons or entities with knowledge relevant to the Committee’s review and evaluation of the facility it over sees. 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 in formation to a Committee will reveal a trade s ecret or confidential information, the owner or operator must specifically identify such information as confid ential. When such an identification has been made, th eCommittee shall protect the confidentiality of the trade secret or in formation 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, i ts records and other relevant materials. Before such an inspectio n is made, the Committee shall pr ovide 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 ma y make public comment with regard to thei r 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 operat e 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 th e 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 re spective agencies for the health and safety of persons and property which may be at risk if those rules, regulations, standards, codes and safety or ders 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 effectivenes s 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 gov ernmental entities’ and agencies’ rules, re gulations, 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 issu e a final report of its comprehensive re view 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 ru les, regulations, standards, codes or safety orders were the subject of the Committee’s review and evaluati on, and the local media. Copies of the final written report must be made available to the

p ublic 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)

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_ 459.ht mNRS 459.387 Entr y into facilit y to verif y compliance with statutor y requirements and re g ulations; issuance o f
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 adopt ed 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 sectio ns, except that the owner or op erator 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. Page 9 of 11 REGULATION OF HIGHLY HAZARD OUS SUBSTANCES AND EXPLOSIVE S

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_ 459.ht m3. If the Administrator of the Division finds that any person is engaging, is about to engage or has engaged in an act o r 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 corr ective action that must be taken and a reasonable time within which that action must be taken; an d (d) Requiring the person to whom the order is directed to appear before the Administra tor or a hearing officer to show cause why the Division should not comm ence an action for ap propriate relief. 4. If the Administrator finds that the handling of a highly hazardous substance or explos ive at a facility presents an
imminent and substantial threat to human health or the enviro nment, 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 f acility and the owner or operato r fails to correct the threat , issue an order requiring the owner or operator of the facility to take n ecessary 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 In j unctive relief; lev y of civil administrative penalt y ; notice of lev y of penalt y ; request for hearin g ; 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 o r order adopted or issued pursuant thereto, the Division may institute a civil action in a co urt of competent jurisdiction fo r injunctive or any other appropria te relief to prohibit and prevent the violati on and the court may pro ceed 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 N RS 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 conti nuing nature, each day during which it continues constitutes an additional, separate and distinct offe nse. No civil administrative penalty may be levied until afte r notification to the violator by certified mail or personal serv ice. The notice must include a re ference to the section of the statute, regulation, order or condition of a permit violated, a concise statement of the facts a lleged to constitute the violat ion, a statement of the amount of the civil penalties to be imposed and a statement of the violator’s right to a hearing. The violat o r has 20 days after receipt of th e notice within which to deliver to the Division a written reques t for a hearing. After the hear ing 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, th e notice becomes a final order upon the expiration of the 20-day

p eriod. Payment of the penalty is due when a final order is i ssued 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 fo r enforcement in connection with the violation for which the penalty is levied. (Added to NRS by 1991, 2008; A 1997, 1081; 1999, 1131

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_ 459.ht mNRS 459.3874 Amount of civil administrative penalties; settlement of claim; imposition of civil penalt y. 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 reques ted by the Division:........................ $25,000 D. Failure to grant access to employ ees or agents of the Division for inspections: $25,000 E. Failure to provide inform ation 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, inclusiv e:......... .$10,000 per incident

The civil administrative penalty prescribed in category H may be assessed for each re gulatory provision that is violated. The civil administrative penalty prescribed in category G may be assessed against a cont ractor who is constructing the facility only if the contractor is contractually re sponsible for obtaining all appropriate perm its 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 th e circumstances, includ ing the posting of a

p erformance bond by the violator. If a violator is subject to the imposition of more than one civil administrative penalty fo r 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 sectio n for the failure to perform a required act within the time required i f the delay was caused by a natural disaster or other circ umstances which are beyond th e 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 ci vil penalty not to ex ceed $10,000 per day of the viola tion, and each day’s continuance of the violation constitutes a separate and distinct viola tion. 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

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_ 459.ht mNAC 459 - i REGULATION OF HIGHLY HAZARDOU S 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 c onstruct: Submission; contents; requirements for accompanying documents, specifications and calculations.

459.953455 Contents of application fo r 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 applicatio n for permit to construct: Specifications.

459.95346 Contents of applica tion for permit to construct: Calculations.

459.953461 Contents of application fo r permit to construct: Information concerning inspectors for construction of pro cess pipes, concrete foundations and

structural steel.

459.953463 Initial review of applica tion 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 perm it 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 availabilit y of information during construction activity; revised schedule for construction upon issuance of permit to construct.

459.953471 Permit to operate: Requireme nts 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 o ff-site consequence analyses; revised analyses.

459.95376 Documentation to be ma intained 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 impl ementation; 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 requirement s; 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 en forcement 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 re quires, 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 Environmen tal 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, in cluding, without limita tion, any unintentional discharges within a building th at encloses a process; or (b) A fire or an explosion at a fac ility involving a highly hazardous substance or explosive.

2. The term does not include emissi ons of highly hazardous substances from piping component threaded connections, valve a nd equipment packing, or malfunctioning pollution control devices unless such an emi ssion would qualify as a catastrophic release. (Added to NAC by Environmental Co mm’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 th at 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 Environmen tal Comm’n by R121-98, eff. 5-27-99)

NAC 459.95215 “Administrative controls” defined. ( NRS 459.3818 ) “Administrative controls” means written procedur al mechanisms that are used to control

a hazard. (Added to NAC by Environmen tal 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 Co mm’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 Environmen tal 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 pres ents imminent and substantial endangerment to the health of the employees, the public he alth or the environment. The term includes events that occur within a building or othe r structure that contai ns the substance or explosive. (Added to NAC by Environmental Co mm’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 E nvironmental Protec., eff. 7-10-92)

NAC 459.95242 “Emergency response program” defined. ( NRS 459.3818 ) “Emergency response program” means the proc edures and practices that are developed and implemented pursuant to NAC 459.9544 and 459.95442

. (Added to NAC by Environmental Co mm’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, radian t heat level or lo west flammable gas concentration achieved at the outer geogra phical boundary of the off-site consequence analysis. (Added to NAC by Environmen tal 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 stat e park, forest or monument; 2. An officially designated wildli fe 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 Environmen tal 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 Environmen tal 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 su bstances 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 E nvironmental Comm’n by R 041-01, 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 Co mm’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 ga s enters a natural ga s processing plant. (Added to NAC by Environmen tal 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 stat ion 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 Environmen tal 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 Co mm’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” m eans a local fire department station that is equipped and trained to provide a h azardous materials response to a facility in accordance with 29 C.F.R. § 1910.120(q). (Added to NAC by Environmen tal 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 quant ity of the chemical present. (Added to NAC by Environmen tal 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, brazi ng, or similar flame-producing or sparkproducing operations. (Added to NAC by Environmen tal 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 char ged with the administ ration and enforcement of local building codes. (Added to NAC by Environmen tal 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 stan ding orders from a physician. (Added to NAC by Environmen tal Comm’n by R121-98, eff. 5-27-99)

NAC 459.95265 “Mitigation” and “mitigat ion system” defined. ( NRS 459.3818 ) “Mitigation” or “mitigation system” mean s activities, technologies or equipment specifically designe d 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 Co mm’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 Environmen tal Comm’n by R121-98, eff. 5-27-99)

NAC 459.95269 “Natural gas processing plant” defined. ( NRS 459.3818 ) “Natural gas processing plant” mean s a processing site that: 1. Is engaged in: (a) The extraction of natu ral gas liquids from field gas; (b) The fractionation of mixed natu ral gas liquids to natural gas products; or (c) Both extrac tion and fractionation; and

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

NAC 459.95528

. (Added to NAC by Environmen tal 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 wi ll be in operation for the first

time at that location. The term include s, without limitation, a new explosives manufacturing operation. (Added to NAC by Environmen tal 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 Environmen tal 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 ro utine and unrestricted access during or outside business hours. (Added to NAC by Environmen tal 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 limitati on, a corporation, partnershi p, association, trust or unincorporated organization, who owns, leases, op erates, controls or s upervises a facility that contains any process subject to C.A.P.P. (Added to NAC by Environmental Co mm’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 Environmen tal Comm’n by R121-98, eff. 5-27-99)

NAC 459.95279 “Prevention program” defined. ( NRS 459.3818 ) “Prevention program” means procedures a nd practices that are developed and implemented pursuant

to NAC 459.95412 to 459.95435 , inclusive. (Added to NAC by Environmental Co mm’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 i nvolves a highly hazardous substanc e or an explosive, including, without limitation, the use, st orage, 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 ac tivity, including vessels

that are: (a) In terconnected; or (b) Separate, but locat ed in such a manner that a hi ghly hazardous substance or explosive could potentially be released, including, without limitation, a release, fire or explosion in one vessel that c ould cause a release, fire or explosion in another vessel. (Added to NAC by Environmental Co mm’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 Environmen tal 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 Environmen tal 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 Environmen tal 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 su ch 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 th e facility, in which the public could be exposed as a result of an accide ntal release to to xic concentrations, radiant heat or overpressure. (Added to NAC by Environmen tal 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, in struments, procedures, raw material and processing conditions that satis fy the design specifications. (Added to NAC by Environmen tal 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 hazar dous substance specified in subsection 1 of

NAC 459.9533

. (Added to NAC by Environmental Co mm’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 Co mm’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 Co mm’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 facili ty 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 e xplosives manufacturing operation. 2. The following highly hazardous substances need not be considered when determining whether at least a threshold quant ity is present in a process for the purposes

of subsection 1: (a) A substance denoted as toxic if the concentration of the subs tance 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 diis ocyanate (unspecified isomer), if the

concentration of the toxic substance in the mixt ure is 1 percent or gr eater 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 millimet ers of mercury, the amount of the substance in the mixture in that portion of the process need not be c onsidered when determining whether at least a threshold quantity is present in the process. A toxic substance is de signated 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 pa ragraphs (c) and (d), a substance denoted as

flammable if the concentration of the substa nce 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 flamma bility hazard rating of “4” as described in N.F.P.A. 704: Standard System for the Identi fication 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 th e mixture is 1 percent or greater by weight of the mixture and the owner or operator doe s 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 stor ed for use as fuel for an internal combustion engine.NAC 459 - 8 (d) A naturally occurring hydrocarbon mixt ure before such a mixture has entered into a natural gas processing plant or a petroleu m 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 struct ural component of the facility; (2) With products for routine janitorial maintenance; (3) By employees in f oods, drugs, cosmetics or other personal items; (4) In process water or noncont act cooling water drawn from the environment or municipal sources; or (5) In air as comp ressed 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 qualif ied 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 c onducted 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 e nd 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 Co mm’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 th e 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 0.0065NAC 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

Chlorodiethylaluminum Diethyl-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 0.00134NAC 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 FNAC 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 0.00066NAC 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 FNAC 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

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

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

note 2 1,000 1 & 2 T 0.026

N itric acid concentration of 94.5% or greater by weight 7697-37-2 500

note 2 50 3 T 0.026

N itric oxide N itrogen oxide 10102-43-9 250 10 1 & 2 T 0.031

N itroaniline para Nitroaniline 100-01-6 5,000 50* 3

N itrogen dioxide 10102-44-0 250 10 1 & 2 T 0.0282

N itrogen oxides N O; NO 2 ; N 2 O 4 ; N 2 O 3 10102-44-0 250 10 3 T 0.0282

N itrogen tetroxide 10544-72-6 250 10 1 T 0.0564

N itrogen trifluoride 7783-54-2 5,000 1,000 3 T 0.29

N itrogen trioxide 10544-73-7 250 10 3 T 0.016

N itromethane 75-52-5 2,500 25* 3

Oleum Fuming sulfuric

acid 65 wt% or greater of SO 3 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 FNAC 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 0.0092NAC 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 FNAC 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. Tw o 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 qualif y as a release pursuant to subparagraph (2) of paragr aph (a) of subsection 1 of NAC 459.95323

. 2. Except as otherwise provided in subs ection 3, a substance must be classified as an explosive if the substa nce 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 classi fied 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 explosiv e 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 Co mm’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 c ontains one or more processes and does not have expl osives 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 Divi sion in advance of an inspection pursuant to

subsection 2 of NAC 459.9552

. (Added to NAC by Environmental Co mm’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 regi stration 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 transf er of ownership; or 2. If the annual regi stration required pursuant to NAC 459.95348 is due, submit the annual registration. (Added to NAC by Environmental Co mm’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 f ee required by subsections 1 and 2 of NRS

459.3824 before July 31 of each year.

2. The amount of this annual f ee for each facility wi ll equal the sum of: (a) A base fee that is esta blished 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 a nnual base fee that is authoriz ed pursuant to subsection 1 of

NRS 459.3824 is $5,600.NAC 459 - 19 5. The amount of the annual graduated f ee 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 co rresponding 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, 7-27-20 00, 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 opera tor of a facility that has an explosives manu facturing operation sh all pay to the Divi sion an annual fee before July 31, as prescribed in this section. 2. If the explosives manufacturi ng operation includes only the combining of ammonium nitrate and fuel oil mixture, the ow ner 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 ope ration includes any other type of explosives manufacturing, the owner or operator of the fac ility of which the opera tion is a part shall pay to the Division an annual fee of $13,500. 4. If a facility that has an explos ives 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 E nvironmental Comm’n by R 041-01, 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. Notwithsta nding 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 ot her processes or expl osives 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 E nvironmental Comm’n by R 041-01, 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 pena lty of law that the informa tion 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 th e 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 Co mm’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 f acility 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 responsib ility for the development, implementation and integration of the requireme nts 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 author ity for the team by means of an organization chart

or similar document. 2. An implementation plan that cove rs 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 th e facility and must provide a system that requires all informa tion 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 Co mm’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 St ate that is required by subsection 1 of NRS

459.382 to submit a report to the Division sh all do so, upon request, within 10 working days after a determination is made or an action is taken relate d to hazards involving highly hazardous substances or explosives at a facility. The report must be submitted on the following form:

NEVADA DIVISION OF ENVI RONMENTAL 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 explos ives at a facility. Please complete this

form and return it to the Nevada Divisi on 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 relate d to highly hazardous subs tances or explosives which were noticed by re gulatory or inspection staff at the facility

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________NAC 459 - 22 5. Describe any action your agency ha s taken at this facili ty related to highly hazardous substances or explosives. Incl ude 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 Environmen tal Protec., eff. 7-10- 92; A by R137-04, 2-15- 2005)

Permits

NAC 459.95345 Permit required for constructi on; preliminary meeting with Division. ( NRS 459.3818

, 459.3829 ) 1. Before an owner or operator of a facility may commence th e construction of a new process subject to C.A.P.P., the owner or ope rator 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 cons truct a new process, th e owner or operator of the process must meet with the Division to discuss: (a) The scope of the project and the applicable code s and standards relating to the design and constructi on 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 E nvironmental Comm’n by R 041-01, 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 document s, 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 revi ewed 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 te lephone 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 ope ration 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, contra ct personnel and any other personnel; (IV) The modes, fre quency 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 in spectors of the construction required pursuant to

NAC 459.953461 ; (b) A coordinated emergency res ponse 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 re quired 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 th e engineer who has responsible charge of the document, specification or calculation; and (b) Include a table of contents or c over sheet that complies with the requirements of chapter 625 of NRS and any regulations adopted pursuant thereto. (Added to NAC by E nvironmental Comm’n by R 041-01, eff. 10-25-2001; A by R137- 04, 2-15-2005)NAC 459 - 24 NAC 459.953455 Contents of application for perm it 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 fo r 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 ap parent from the piping and inst rument 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 equi pment, traceable to the piping and instrument diagram, and, if requested by the Division, design and code information. 2. The process hazard analysis and in formation 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 th at revision was carried out. (Added to NAC by E nvironmental Comm’n by R 041-01, 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 iden tifies the location within the facility of the new process on a map. A site plan must in clude 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 th e endpoints of each worst-case release scenario and

alternative release scenar io developed pursuant to NAC 459.95366 and 459.95368

. (4) All major ro ads and transporta tion 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 directi on that the station is from the facility. (7) The location of schools, hosp itals and other public rece ptors within the plan

area.NAC 459 - 25 (b) Plot plans of the project area, show n 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 pu mps and the routing of the distribution piping. (III) Hydrants, monito rs and other similar fire suppression equipment. (IV) The detector s of toxic and combustible gases and flames. (V) Personal protective equipment. (VI) Major process equipment. (2) The location of the el ectrical hazardous areas. The plot plan must: (I) Provide the necessary el evations and include detailed drawings to distinguish between electrically unclassifi ed and electrically classifi ed 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 nationall y 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 mu st 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 Di vision may request that the diagrams include any associated systems, including, without limitatio n, air, water, nitrogen and process drain systems, if the Division determines that th e inclusion of the addi tional information is necessary to assist with the revi ew of the process hazard analysis. (4) Indicate all pipi ng, equipment, instruments and controls. (5) Correspond to: (I) The process flow diagrams; (II) The documentation concerning the control logi c 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 specificati ons relating to concrete and grout; (4) The requireme nts for testing and inspection; and (5) The applicable codes, st andards or industry recomme nded practices governing the design and construction to be used.NAC 459 - 26 (f) Drawings fo r the structural steel support for th e 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) Specifica tions for the steel and bolting; (2) Requirements fo r welding, testing a nd inspection; and (3) The applicable codes, st andards or industry recomme nded practices governing the design and construction to be used. 2. A drawing included pursuant to th is section in an application for a permit to

construct must indicate the current revision number and date of th e drawing and be of sufficient quality so that a legi ble 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 E nvironmental Comm’n by R 041-01, 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 revisi on 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 instal lation 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 weld s 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 E nvironmental Comm’n by R 041-01, eff. 10-25-2001; A by R137- 04, 2-15-2005)NAC 459 - 27 NAC 459.95346 Contents of application for perm it to construct: Calculations. ( NRS 459.3818

, 459.3829 ) 1. In addition to any other informati on 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 suppor t the design calculations; (b) Structural steel drawings submitted pursuant to NAC 459.953457 ; and (c) The capacity of pressure relief devi ces and pressure relief systems to be included in the new process. 2. Calculations included in an applic ation 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 calculat ions must include a cite to th e applicable code, standard or industry recommended practice governing the design and constr uction that was used in making the calculation. 4. If the calculations are compute r-generated, the calculations must include: (a) A complete description of the mathematical model used in the design; and (b) An identification of the design pr ogram used, input data required, limitations on the application of the progr am and the final results. 5. Upon the request of the Division, an applicant for a perm it to construct shall provide supporting information for the calculati ons provided in the a pplication, in cluding, without limitation, data generated by vendors. (Added to NAC by E nvironmental Comm’n by R 041-01, 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 cons truction 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 concer ning the inspectors must identify: (a) Each inspector to be employed by the applicant; (b) The scope of the inspection servic es to be provided by eac h inspector, including, without limitation, the types of obser vations 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 cer tified or hold other spec ific credentials to perform his duties, the applicant must include a copy of the required certifications or

credentials. (Added to NAC by Environmen tal Comm’n by R041-01, eff. 10-25-2001)NAC 459 - 28 NAC 459.953463 Initial review of application for pe rmit to construct; notification of applicant concerning completeness of application. ( NRS 459.3818

, 459.3829 ) 1. Upon receipt of an application for a permit to constr uct 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 completene ss of the application.

2. If the Division determines that an application for a perm it 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 Environmen tal 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 applica tion 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 th e 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 conduc ted 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 mu st be 30 days and co mmences on the date on which the notice is published in the newspaper. 3. Not later than 15 days after the date on which the peri od for public comment concerning an application for a permit to construct closes, the Division may, after considering the documents that ar e part of the applic ation, 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 E nvironmental Comm’n by R 041-01, 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 providi ng an inspection as requi red by the applicable specifications, codes and standards, and of en suring that the construc tion and installation of the new process is performed pursuant to those specifications, codes and standards; (2) Are qualified by experience a nd, 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 pur suant 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 locat ions 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 build ing 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 concre te foundation are consistent with the applicable calculations submitted; (4) The drawings relating to the st ructural 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 ap propriate 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 complian ce with any part of NRS 459.380 to 459.3874

, inclusive, or any regulati on adopted pursuant thereto; (h) Completes the pub lic 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 mitig ation must be employed, including, without limitation, the use of toxic or combustible ga s sensors, as appropriate, that must be physically located to enable th e 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 re sponders as shown on the site plan must be consistent with the locations of the emerge ncy responders identified in the emergency

response program. 3. Any modification in the constr uction of a new proce ss allowed pursuant to

subsection 1 that causes the al teration of any document, draw ing or specification must be reflected in the pre-start-up safe ty review conducted pursuant to NAC 459.95425

. (Added to NAC by E nvironmental Comm’n by R 041-01, 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 construc ted in the interest of mitigating the effects of acutely hazardous conditions on public safety, the environment or the health of personnel, and timely implem entation of the new process is critical to ensure the preservation of those objectives, the Division may allow th e owner or operator to commence construction on the new process before the permit to construct is issued. 2. The owner or operator of a ne w 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 be gin construction before the issuance of the permit to construct; and (b) The Division determines the applica tion to be complete and has not identified any significant unmitigated hazard. 3. The Division may: (a) Impose such conditions as it dete rmines necessary in authorizing an owner or operator to commence construction before a permit to construct is issued; andNAC 459 - 31 (b) Revoke the authorization if it de termines that the owne r or operator has not complied with the conditions imposed. (Added to NAC by Environmen tal 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 a nd specifications related to the construction and operation of the new process; (2) All records relating to inspec tions 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 author ized representative of the Division upon request by the Di vision 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 structur al 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 E nvironmental Comm’n by R 041-01, 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 ope rator of a facility: 1. Commences the operation of a new process; or 2. Brings any highly hazardous substan ces 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 E nvironmental Comm’n by R 041-01, eff. 10-25-2001; A by R137- 04, 2-15-2005)

NAC 459.953473 Permit to operate: Conditions fo r 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 fo r the construction of c oncrete 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 deli nquent 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 E nvironmental Comm’n by R 041-01, 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 pe rmitting activities conducted pursuant to NAC

459.95345 to 459.953473 , inclusive. 2. Upon the determination by the Divisi on 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 fo r 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 proce ss has at least 6 but not more than 20 piping and instrument diagrams, not including drawing legend sh eets 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 th e owner or operator to pay more than the maximum cumulative amount for the respective new process as set fo rth in subsection 2, except that fees related to: (a) The review of the concrete foundations or structur al 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 pursu ant to this section.NAC 459 - 33 6. The owner or operator may reque st in writing that the Division cease work on evaluating the application for a permit to cons truct, 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. U pon 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 th e Division by the owner or operator pursuant to this section,

¬ as appropriate. (Added to NAC by E nvironmental Comm’n by R 041-01, 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 regist ration form covering all processes subject to C.A.P.P.; (b) Submit the annual registration pur suant to subsection 6 to the Division on or before June 21 of each year; and (c) Certify the a nnual 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 star ting 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 le ast 90 days before introducing the highly hazardous substance or explosive into the faci lity. 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 subm itted 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 pr ovisions 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 la ter than 90 days after the provisions of subparagraph (2) of paragra ph (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 tabl e 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 subs tance 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 registra tion 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 wh en 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 Co mm’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 St ate on February 15, 2005 (LCB File No. R137-04), which amended this section, contai ns 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 annua l 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 co de, latitude and longitu de of the facility, the method for obtaining the latitude and longi tude, 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 & Bradst reet 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 res ponsibility 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 subs tance on-site between June 1 of the previous year and May 31 of the current year. For a new process, the owne r or operator shall include in its annual registration form info rmation about the maximum inventory they expect to have on-site through the following May 31. (c) The N.A.I.C.S. code th at 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 operat ing permit pursuant to 40 C.F.R. Part 70 and, if applicable, the permit number. 13. The date of the last safety inspec tion of the facility by a federal, state or local governmental agency and the iden tity of the inspecting entity.NAC 459 - 35 (Added to NAC by Environmental Co mm’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 incl ude 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 an y highly hazardous substance or explosive; and 2. The efforts undertaken by the owne r and operator of the fa cility to assess the reasons and develop a remedy for the release or accidental release of the substance. (Added to NAC by Environmental Co mm’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 th e following endpoints when preparing an analysis of off-site consequences: (a) For toxic highly hazardous substa nces, the toxic endpoints provided pursuant to

NAC 459.9533 ; (b) For flammable highly hazardous substances and explosives: (1) In a scenario that studies th e 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/m 2 (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 h ealth 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 explos ive 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 st ability class of F when prep aring 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 st able 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 us e the typical meteorol ogical 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 re lease 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 toxi c highly hazardous substance assuming a ground level (0 feet) release. (b) An alternative sc enario involving a t oxic highly hazardous substance using the release height that is determined by the release scenario. 5. The owner or operator shall use ur ban or rural topography fo r a worst-case release

scenario or an alternativ e 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 substan ce 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 lique fied by refrigeration only is re leased at the highest daily maximum temperature based on data for the prev ious 3 years appropriate for the facility, or at process temperature, whichever is high er. For an alternative scenario, the owner or operator may assume that the substance is re leased 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 a nd atmospheric stability class that pr evail at the site based on data gathered at or near the site or from a local meteorological station. (Added to NAC by Environmental Co mm’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 facil ity 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 valu es required in this section. 2. For each process, th e 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 accidenta l release of a toxic highly

hazardous substance under worst-ca se 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 igniti on or detonation of a flammable or explosive substance under wors t-case release conditions as described in

NAC 459.95364 ; andNAC 459 - 37 (c) Additional worst-case re lease scenarios fo r a facility if: (1) A worst-case release from a nother process at the faci lity 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, th e 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 opera tor shall select the inve ntory that produces the greatest distance to an endpoint. 4. The owner or operator shall mode l 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 flammabl e substance or an explosive pursuant to NAC

459.9533 , the owner or operator sha ll 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 mitiga tion 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 instantane ously 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 calc ulate 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 norma lly liquids at ambient temperature, the owner or operator shall assume that the quantity in th e vessel or pipe, as de termined 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 useNAC 459 - 38 the surface area of the contained liquid to calcu late 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 temp erature occurring duri ng the past 3 years; (b) The temperature of the substance in the vessel; and (c) If the liqui d 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 de termined 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 av ailable technique that accounts for the modeling conditions and is recognized in the industry as a current pr actice. The owner or operator may use a proprietary model that accounts fo r 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 th e 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 subsect ion 3 vaporizes resulting in a vapor cloud explosion. The owner or operator shall use a yi eld factor of 10 percent of th e available energy released in the explosion to determine the distance to th e 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. Th e owner or operator may use the methodology provided in the R.M.P. Guidance for Off-S ite 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 pr actice. The owner or operator may use a proprietary model that accounts fo r 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 m odel and any differences in the model from publicly available models. 13. The owner or operat or may consider passive mitigation systems for the worst-case release scenario analysis if the mitigation syst em 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 subs tance, the worst-case scenario for a toxic highly hazardous substance or th e 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 pres sure if such a scenario would result in a greater distance to an endpoint beyond the fa cility boundary than th e scenario provided pursuant to subsection 3.NAC 459 - 39 (Added to NAC by Environmental Co mm’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 identi fy and analyze at least one alternative release scenario for each toxic highly hazardous substan ce 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 owne r 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 altern ate release scenario with the most significant on-site impact. 4. The owner or operator shall cons ider, 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 flan ge, joint, weld, valve and valve seal, drain or bleed; (c) A process vessel or pump releases be cause 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 ai r dispersion modeling, if the technique accounts for the specified m odeling 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 acce ss 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 m itigation systems for an alternative release scenario if the mitigati on systems are capable of withstanding the event that triggered the release and still function as intended.NAC 459 - 40 7. When selecting the alternative re lease scenarios, the owner or operator shall consider, without limitation: (a) Any accidental release and any in cident that was investigated pursuant to NAC

459.95429 ; and (b) The analyses performed pursuant to NAC 459.95414

. (Added to NAC by Environmental Co mm’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 estima te the population within a circle that has its center at the point of the release and a radius th at 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 sh all take into acc ount the presence of institutions, such as schools, hospitals, prisons, parks and recrea tional 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 esti mate 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 Co mm’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 th e 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 iden tify environmental receptors. 4. The owner or operator shall maintain at his facility the current list of environmental receptors defined by the owner or op erator pursuant to this section. (Added to NAC by Environmental Co mm’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 facili ty in a process that involves a highly hazardous substance or explosive or the quantity of such a substance or explosiv e 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 Co mm’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 pi peline 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 qu antity 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 owne r or operator selected these assumptions and

parameters.
2. For alterna tive release scenarios: (a) A description of the scenarios that the owner or ope rator 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 th e 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 owne r or operator selected these assumptions and

parameters.
3. For worst-case scenarios and alternative re lease scenarios: (a) Documentation of: (1) The estimated quantity re leased, release rate a nd 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 pot entially 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 Environmen tal 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 w ith 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 pro cess 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 a nd chemical stability data; and (7) The foreseeable hazardous eff ects 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 pro cess, 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 pro cess variable, including, without limitation, temperature, pressure, flow and composition; and (5) An evaluation of the consequences of deviations. (c) The equipment in the pr ocess, 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 bala nces 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 evalua te processes and equipm ent for conformance to applicable codes, standards and good engin eering practices and document that the processes and equipment comply with recognized and gene rally accepted good engineering practices. 4. For existing processes and equipmen t designed and constructe d in accordance with codes, standards or practices that are no longe r 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 Co mm’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 introduci ng highly hazardous substa nces 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 perfo rm an initial process hazard analysis provided that the analysis re flects the current process. 3. The owner or operator shall obtai n the approval of the Di vision concerning the methodology of the process hazard anal ysis 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 cat astrophic consequences, including, without limitation, near misses or accidental releases; (c) The engineering and administrative c ontrols that are applicable to the hazards and their interrelationships, including, without limitation, the appropri ate application of detection methodologies such as process mon itoring, 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 a nd health effects of a

failure of controls. 6. If not evaluated as part of the pro cess 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 mu st consist of two or more persons and include at least: (a) One member who has experience and knowledge specific to the process being evaluated; andNAC 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 a nd recommendations of the team formed pursuant to subsection 7; (b) Determine and document a c ourse of action base d 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 opera ting, 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 afte r the completion of the initial process hazard analysis, a team that satisfies the requiremen ts of subsection 7 shal l 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 pursu ant to the procedures set forth in NAC

459.9549 to 459.955 , inclusive. 11. An owner or operat or shall retain a process haza rd analysis and an update and revalidation for each process subject to this section, as well as any documented resolution

of recommendations described in subsect ion 8, for the life of the process. (Added to NAC by Environmental Co mm’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 w ith 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 proce ss 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, in cluding, without limitati on, a description of the conditions under which an emergency shutdo wn 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 followi ng a turnaround or an emergency shutdown. (b) Operating limits, including, without limitation: (1) The consequences of a deviation; and (2) The steps requi red to correct or avoid a deviation. (c) Safety and health consid erations, 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, administ rative controls and personal protective equipment; (3) Control measures to be take n if physical contact or ai rborne 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 op erating procedures are readily ac cessible to employees who work in or maintain an applicable process; (b) Review the operating procedures as of ten as necessary to ensure that they reflect current operating practice, incl uding, without limitati on, any change to a process that may result from a change in process chemicals, techno logy or equipment; (c) Certify annually that the opera ting procedures are curre nt 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 e quipment 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 Co mm’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 proc ess 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, w ithout limitation, procedures for an emergency shutdown; (e) Safe work practices that are app licable 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 acti vities that are not replacement in kind. 2. May, in lieu of providing the traini ng required pursuant to subsection 1, certify in writing that an employee who was operati ng a process on May 26, 1992, possesses the required knowledge, skills and ab ilities to carry out the duties and responsibilities safely as specified in the operating procedures.NAC 459 - 46 3. Shall provide an employee with refr esher training at least once every 3 years, and

more often if it is determined after cons ultation 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 mu st, at a minimum, follow a predefined syllabus or checklist to ensure th at each employee receives training which is essential to his job performa nce. On-the-job training, if it is the only method employed, does not satisfy the requi rements of this subsection unless it follows a predefined syllabus

or checklist. 5. Shall ascertain that each empl oyee who operates a process has received and understood the training required pursuant to this section. 6. Shall prepare record s 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 th e training, including, without limitation, any test records from such verification. (Added to NAC by Environmental Co mm’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 pro cedures to ensure the ongoing integrity of the equipment listed in subsection 2; (b) Provide each employee who is involve d in maintaining the ongoing integrity of the equipment listed in subsection 2 with: (1) An overview of the process th at uses the equipment and the potential hazards of the process; (2) Training in the procedures th at are applicable to the job tasks of the employee to ensure that the employee can perfor m the job tasks in a safe manner; and (3) Training in the progra m 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 fo r inspection and testing follow recognized and generally accepted good e ngineering 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 limita tion, documentation of: (1) The date of the inspection or test; (2) The name of the pe rson who performed the inspection or test;NAC 459 - 47 (3) The serial number or othe r identifier of the equipment on which the inspection or test was performed; (4) A description of the inspection or test performed; and (5) The resu lts of the inspection or test; (g) Correct any deficiencies in the equipment that are outsi de the acceptable limits which are described by the process safe ty information developed pursuant to NAC

459.95412 before using the equipment again; (h) In the construction of new processe s 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 spec ifications 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 compone nts such as valves; (c) Relief and vent systems and devices; (d) Emergency shutdown systems; (e) Controls, including, without limitati on, monitoring devices and sensors, alarms and interlocks; and (f) Rotating equipment. (Added to NAC by Environmental Co mm’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 operato r of a facility with a process that is subject to C.A.P.P.

shall: 1. Establish and implement written pr ocedures to manage changes, other than a replacement in kind, to: (a) Chemicals, technology, equipment and procedures that are us ed in a process; and (b) Buildings, structures a nd 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 estab lished pursuant to subsect ion 1 require that the following considerations are addressed before one of the changes de scribed in subsection 1 occur and that the procedures specify the crit eria for review and approval of each of the following considerations: (a) The technical ba sis 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 authorizati on for the elements of the proposed change; 4. Inform and train for the change any employee who is invol ved 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; andNAC 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 Co mm’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 w ith 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 re quire 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 a nd 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 requi rements 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 Co mm’n by R121-98, eff. 5-27-99; A by R137-04, 2-15-2005)

NAC 459.95427 Evaluation and document ation of compliance. ( NRS 459.3818

, 459.3833 ) 1. The owner or operator of a facility wi th a process that is subject to C.A.P.P. shall: (a) Certify at least once every 3 year s 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 di scovered 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 Co mm’n by R121-98, eff. 5-27-99; A by R137-04, 2-15-2005)

NAC 459.95429 Investigation of incidents; inci dent reports; corrective action. ( NRS 459.3818

, 459.3833 ) The owner or operator of a faci lity with a process that is subject to C.A.P.P. shall: 1. Investigate any incident that result ed in, or could reasonably have resulted in, a catastrophic release and take corrective acti on to prevent recurrence of the incident.NAC 459 - 49 2. Initiate the investigation of the incide nt 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 invol ved, including, without limitation, a contract employee if his wo rk 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 inves tigation of the incident began; (c) A description of the incident; (d) The factors that c ontributed to the incident; and (e) Recommendations re sulting from the investigation. 5. Establish a system to address a nd resolve the findings a nd recommendations of the incident report promptly. 6. Document any solutions and corrective actions taken.

7. Ensure that the in cident report is reviewed with all affected personnel whose job

tasks are relevant to the fi ndings of the incident report , including, without limitation, contract employees where applicable. 8. Retain the incident report for 5 years. (Added to NAC by Environmental Co mm’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 acti on regarding the implementation of the employee participation required by this section; 2. Consult with employees and their representatives about: (a) Conducting and devel oping process hazard analyses; and (b) Developing and implem enting the other requirements of NAC 459.95412 to
459.95442 , inclusive; and 3. Provide to employees and their re presentatives 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 Co mm’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; andNAC 459 - 50 3. Keep the permit on file until completion of the hot work. (Added to NAC by Environmental Co mm’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 wi th a process that is subject to C.A.P.P. shall: (a) When selecting a c ontractor, obtain and ev aluate information regarding the safety performance and programs of the contractor; (b) Inform the contractor of known pot ential fire, explosion or toxic release hazards

related to the work of the contractor a nd to the process on which he is working; (c) Explain to the contract or the applicable provisions of NAC 459.9544 and

459.95442 ; (d) Develop and implement sa fe work practices consistent with NAC 459.95416 ; and (e) Periodically evaluate the perfor mance 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 pro cess 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, expl osion or toxic release h azards 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 employ ees 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 ve rify that the employee understood the training; (e) Ensure that each of his employ ees who works on the process follows the safety rules of the facility, incl uding, without limitation, the sa fe 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 pe rform 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 Co mm’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 elem ents set forth in 29 C.F.R. § 1910.38(c)-(f); (b) Appropriate mechanisms are in pl ace to notify emergency responders when there is a need for a response; and (c) The facility has coordinated respons e actions with the loca l fire department. For response actions to be coordinate d, the owner or operator shall: (1) Identify the first responding fire station and hazardous materials response station; (2) Review the written emerge ncy action plan and appr opriate mechanisms for notification developed for the facility with the responders identifie d 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 wr itten emergency action plan and appropriate

mechanisms for notificati on of the responders; and (4) Update information on a ba sis agreeable to the ow ner or operator and the responders. (Added to NAC by Environmental Co mm’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 environmen t, which program must include: (1) For facilities subject to 29 C.F.R. Part 1910, a writ ten 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 prog ram 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 fi rst-aid and emergency medical treatment necessary to treat accidental human exposures; (5) Procedures and measures fo r emergency response after an accidental release; (6) Procedures for the use, inspection, testing and ma intenance of emergency response equipment; (7) Training for all employees in relevant procedures for emergency response; and (8) Procedures to review a nd 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 emer gency 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 res ponse program developed for the facility with the responders identified in subparagrap h (1) or their representatives; (3) Keep a written record of such review meetings, including comments by the responders or their representatives to the em ergency response program for the facility;

and (4) Update information on a ba sis agreeable to the ow ner or operator and the responder. 2. A written program satisfies the requirements of this section if it: (a) Complies with other federal conti ngency plan regulations and the requirements set forth in subsection 1; or (b) Complies with the requirements set fo rth 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 Co mm’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 pr ocess from C.A.P.P.; continued compliance. ( NRS 459.3813

, 459.3818 ) 1. A process that is otherwise subjec t 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 elapse d since the owner or operator has registered

pursuant to NAC 459.95348 and completed the pro cess hazard analysis; (b) The owner or operator has complied with all relevant requi rements of C.A.P.P.; (c) The recommendations de veloped pursuant to subsection 8 of NAC 459.95414 are implemented; and (d) The State Environmental Commi ssion 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 gran ted the exemption pursuant to NAC 459.95488

. (Added to NAC by Environmental Co mm’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 exemp tion 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 pa ragraph (a) of subsection 1 of NAC 459.95323 must
submit: (a) A written letter to the Divisi on requesting exemption from C.A.P.P.; andNAC 459 - 53 (b) A list indicating that the recomme ndations 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 th e verification made pursuant to subsection 2;

and (b) Notify the owner or operator in wr iting of the findings made pursuant to paragraph (a). 4. Once the owner or operator has r eceived 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 findi ngs 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 a nd the use of public service announcements of the petition. 6. At the hearing, the State Environm ental 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 adequa te 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 exemp tion 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 Co mm’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 h azard 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 perf orm a new process hazard analysis in lieu of revalidating a previous analysis, if: (a) The process hazard anal ysis satisfies the requirements of NAC 459.95414 ; and (b) All the supporting information, incl uding, without limitati on, the process safety information, operating procedures, training pr ogram, mechanical in tegrity program and emergency response program reflect current operations. (Added to NAC by Environmental Co mm’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 an alysis 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 analys is must reflect the current hazard assessment. (Added to NAC by Environmental Co mm’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 re flect current operati ng procedures, training programs, maintenance programs and emergenc y response programs required pursuant to

NAC 459.95416

, 459.95418

, 459.95421

, 459.9544 and 459.95442 . The owner or operator shall document specifica lly how the accuracy of such information was validated. (Added to NAC by Environmental Co mm’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 fo r, or actually resulted in, a release, fire or explosion involving a highly haza rdous substance or explosive must be considered by the person or team conducting a revalidati on of a process hazard analysis.

2. The revalidation of the anal ysis must include, without limitation: (a) A review of the recommendations that were made as a result of the investigation;

and (b) Confirmation that the recommenda tions are being implemented in a timely

manner.NAC 459 - 55 3. If a deficient element of a prev ention program was a cont ributing factor to an incident, the person or team conducting the re validation shall make recommendations to correct the deficiency. (Added to NAC by Environmental Co mm’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 insp ection 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 comp liance 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 s ubsection 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 pe rform 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 de ficiencies and potential hazard. 5. The Division must document the insp ection results in a wri tten 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 opera tor of the facility. 6. Copies of the report pr epared 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 ow ner or operator of the facility. (Added to NAC by Environmental Co mm’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 c onnection with a process that involves one or more high ly hazardous substances or expl osives at a facility which results in an uncontrolled emission, fire or e xplosion and which presen ts or presented an imminent and substantial danger to the health of the employees of th e facility, the public health or the environment, to determine the cau se 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 s ubsection 3, before the Division commences an investigation of an accident, the Division mu st provide written not ice to the owner or

operator: (a) Defining the scope of the investigation; (b) Citing the Division’s authority a nd the reasons pursuant to subsection 1 for conducting the investigation; (c) Providing an explanation of ho w 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 hour s 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 conduc t 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 in voice the owner or opera tor the following amounts: (a) For activities conducted by pers onnel of the Division, the amount of $68 per hour; (b) For activities conducted by contract ors, an amount equal to the cost to the Division; and (c) Such other amounts as are necessary for the Division to r ecover all costs incurred by the Division in conducting the investigation. 6. In no event may the total amount invoiced by the Division pur suant to subsection 5 for an investigation exceed the total costs incu rred 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 a nd 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 recu rrence 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 inves tigation” means having t echnical or operational knowledge plus knowledge of i nvestigative techniques to ma ke a determination of the direct, contributing and root causes of an accident. (c) “In a timely manner” means to star t the investigation process with a formally defined investigation team w ithin 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 Environmen tal 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 in formation, the owner or operator of the facility must request such protection in writing, indi cating 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 fo r reporting required pursuant to C.A.P.P., and the pending status of such a request doe s not prohibit access to the information or facility by the Division. 4. In addition to providing the confid ential 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 th e Division, provide a redacted version of any submitted information that is intended for public review which substitutes the term “CBI” or provides gene ric information for th e information deemed

confidential. (Added to NAC by Environmen tal 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 appl y 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 enfo rce 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 c ontains 40 C.F.R. §§ 68.3 to 68.215, inclusive, or Appendix A of 40 C.F.R. Part 68 can be obtai ned 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 Environmen tal Comm’n by R137-04, eff. 2-15-2005)NAC 459 - 58 NAC 459.95528 Adoption by reference of certa in codes and standards. ( NRS

459.3818

, 459.3833 ) The following provisions are he reby 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 c opy of the N.A.I.C.S. may be

obtained from the National Technical Info rmation Service, 5285 Port Royal Road, Springfield, Virginia 22 161, at a cost of $49.

2. N.F.P.A. 704: Standar d System for the Identification of the Hazards of Materials for Emergency Response

, 2001 edition. A copy may be obtai ned from the National Fire Protection Association, 1 Ba tterymarch 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 Batterym arch Park, P.O. Box 9101, Quincy, Massachusetts 022 69-9101, at a cost of $38.25.

4. ERPG-2 of the Emergency Response Plann ing Guidelines Series . A copy of ERPG2 may be obtained from the American Indus trial Hygiene Associat ion, 2700 Prosperity Avenue, Suite 250, Fairfax, Virg inia 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 Envir onmental 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 Mech anical Engineers, P.O. Box 2300, Fairfield, New Jersey 07007-2300, at a cost of $255.

9. ASME B31.5 - 2001 Refrigeration Pipi ng 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 Co mm’n by R121-98, eff. 5-27-99; A by R041-01, 10-25-2001; R137-04, 2-15-2005)