Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Permits › Section 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

Current through June 11,
				  2024
1. The Division
				  shall issue a permit to construct a new process if the Division:
(a) Approves the analysis of off-site
				  consequences developed pursuant to NAC 459.95364 to 459.95376,
				  inclusive;
(b) Determines that the
				  inspectors for the construction to be used by the applicant for the permit to
				  construct:
(1) Are capable of providing an
				  inspection as required by the applicable specifications, codes and standards,
				  and of ensuring that the construction and installation of the new process is
				  performed pursuant to those specifications, codes and standards;
(2) Are qualified by experience and, if
				  applicable, hold the proper certifications and credentials to perform their
				  duties as inspectors; and
(3) Are
				  not employed by or under contract with any entity that will be performing the
				  construction activity subject to the permit to construct unless that entity is
				  the owner or operator;
(c) Determines that:
(1) The emergency response program developed
				  pursuant to NAC 459.9544 and 459.95442 is complete;
(2) Full-time emergency response capability
				  is available; and
(3) Hazardous
				  materials response capability:
(I) Is
				  available pursuant to the requirements of
				  29 C.F.R. §
													1910.120;
(II) Is available 24 hours a day;
				  and
(III) Will be provided by an
				  organization that is not a volunteer fire department;
(d) Determines that the process
				  hazard analysis complies with NAC 459.95414;
(e) Approves the site plan developed pursuant
				  to NAC 459.953457;
(f) Determines
				  that:
(1) The plans identifying the locations
				  of the electrical hazardous area developed pursuant to NAC 459.953457 are in
				  compliance with the applicable codes and standards, except that the Division
				  may accept a local building official's approval of the drawing if the criteria
				  set forth in NAC 459.953457 are met;
(2) The piping and instrument diagrams are
				  consistent with the process flow diagrams and specifications;
(3) The drawings of the concrete foundation
				  are consistent with the applicable calculations submitted;
(4) The drawings relating to the structural
				  steel to be used in the construction are consistent with the applicable
				  calculations submitted;
(5) The
				  specifications submitted comply with the applicable codes and standards, and
				  the selected materials and design parameters are determined to be compatible
				  with the process; and
(6) The
				  calculations submitted provide answers that represent generally accepted
				  calculation methods and comply with the appropriate codes, standards and
				  industry recommended practices, where applicable;
(g) Finds, upon its review of the portions of
				  the new process, that those portions are in conformance with any requirement
				  set forth in the conditional use permit issued pursuant to
				  NRS
				  278.147 that require compliance with any part
				  of
				  NRS
				  459.380 to
				  459.3874,
				  inclusive, or any regulation adopted pursuant thereto;
(h) Completes the public review and comment
				  process and any modifications required by NAC 459.953465 have been put into
				  place; and
(i) Determines that the
				  applicant is not delinquent on the payment of fees assessed pursuant to NAC
				  459.953475.