reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Registration › Section 459.95354 - Annual registration: Accident history of facility

Current
				  through June 11, 2024
An annual registration must
				  include an accident history of the facility for the period starting on June 1
				  of the previous year and ending on May 31 of the current year. The accident
				  history of the facility must include a description of:
1. Any unanticipated or unusual event at the
				  facility that resulted in the release, including, without limitation, any
				  accidental releases, of any highly hazardous substance or explosive;
				  and
2. The efforts undertaken by
				  the owner and operator of the facility to assess the reasons and develop a
				  remedy for the release or accidental release of the substance.
Added to NAC by Environmental
				  Comm'n by R121-98, 5-27-99, eff. 6-21-99; A by R041-01, 10-25-2001; R137-04,
				  2-15-2005
NRS
				  459.3818,
				  459.3822,
				  459.3833
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Hazard Assessments › Section 459.95364 - Parameters for analysis of off-site consequences

Current through
				  June 11, 2024
1. An
				  owner or operator shall use the following endpoints when preparing an analysis
				  of off-site consequences:
(a) For toxic highly
				  hazardous substances, the toxic endpoints provided pursuant to NAC
				  459.9533;
(b) For flammable highly hazardous substances
				  and explosives:
(1) In a scenario that studies
				  the potential effects of an explosion, an overpressure of 1 psi (0.0703 kilograms per square
				  centimeter);
(2) In a scenario that
				  studies radiant heat and exposure time, a radiant heat of 5 kw/m2
				   (1586 BTU per hour per square foot) for 40 seconds; or
(3) In a scenario that studies the lower
				  flammability limit, the lower flammability limit provided by the N.F.P.A. or
				  other generally recognized sources; or
(c) If an endpoint is not provided pursuant
				  to NAC 459.9533 or a substance is not
				  designated or classified as toxic, flammable or explosive pursuant to NAC
				  459.9533, the owner or operator
				  shall define an appropriate endpoint that results in the greatest impact to
				  employees and public receptors. The owner or operator shall define a toxic
				  endpoint in a manner that is comparable to the health impacts defined by the
2020 Emergency Response Guidebook,
which is adopted by
				  reference pursuant to NAC
				  459.95528, and shall define a
				  flammable or explosive endpoint as set forth in paragraph (b).
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Hazard Assessments › Section 459.95366 - Analysis of worst-case scenarios

Current through June 11,
				  2024
1. The owner or
				  operator of a facility may use the guidelines set forth in the
R.M.P.
				  Guidance for Off-Site Consequence Analysis
, which is adopted by
				  reference pursuant to NAC 459.95528, to calculate any of the values required in
				  this section.
2. For each process,
				  the owner or operator shall prepare:
(a) One
				  worst-case release scenario that is estimated to create the greatest distance
				  in any direction to an endpoint resulting from an accidental release of a toxic
				  highly hazardous substance under worst-case conditions as described in NAC
				  459.95364;
(b) One worst-case
				  release scenario that is estimated to create the greatest distance in any
				  direction to an endpoint resulting from an accidental ignition or detonation of
				  a flammable or explosive substance under worst-case release conditions as
				  described in NAC 459.95364; and
(c)
				  Additional worst-case release scenarios for a facility if:
(1) A worst-case release from another process
				  at the facility potentially affects different public receptors than those
				  affected by the worst-case release scenario prepared pursuant to paragraphs (a)
				  and (b); or
(2) A toxic or
				  flammable highly hazardous substance is present in excess of the threshold
				  quantity and was not considered as part of the worst-case release scenarios
				  prepared pursuant to paragraphs (a) and (b).
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Hazard Assessments › Section 459.95368 - Analysis of alternative release scenarios

Current through June 11,
				  2024
1. The owner or
				  operator shall identify and analyze at least one alternative release scenario
				  for each toxic highly hazardous substance that is used in a process and at
				  least one alternative release scenario to represent all flammable highly
				  hazardous substances or explosives that are used in processes.
2. The facility may use the
R.M.P.
				  Guidance for Off-Site Consequence Analysis
, which is adopted by
				  reference pursuant to NAC 459.95528, to calculate any of the values required in
				  this section.
3. For each scenario
				  required pursuant to subsection 1, the owner or operator shall select a
				  scenario that:
(a) Is more likely to occur
				  than the worst-case release scenario developed pursuant to NAC 459.95366;
				  and
(b) Will reach an endpoint
				  off-site. If no alternate release scenario will reach an endpoint off-site,
				  then the owner or operator shall select the alternate release scenario with the
				  most significant on-site impact.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Hazard Assessments › Section 459.9537 - Estimation of population potentially affected

Current through June
				  11, 2024
1. The owner or
				  operator shall estimate the population within a circle that has its center at
				  the point of the release and a radius that is the equivalent of the distance to
				  the endpoint determined pursuant to NAC 459.95364. In making the estimation of
				  the population, the owner or operator shall take into account the presence of
				  institutions, such as schools, hospitals, prisons, parks and recreational
				  areas, and major commercial, office and industrial buildings within the
				  circle.
2. The owner or operator
				  may use the
R.M.P. Guidance for Off-Site Consequence Analysis
,
				  which is adopted by reference pursuant to NAC 459.95528, to calculate the
				  values required in this section.
3.
				  The owner or operator may use the most recent census data or any other updated
				  information to estimate the population potentially affected.
4. The owner or operator shall estimate the
				  population to two significant digits.
5. The owner or operator shall maintain at
				  his or her facility the current estimate of population made pursuant to this
				  section.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99; A by R137-04,
				  2-15-2005
NRS
				  459.3818,
				  459.3833
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Hazard Assessments › Section 459.95372 - Definition of environmental receptors

Current through June 11,
				  2024
1. The owner or
				  operator shall define the environmental receptors within a circle with its
				  center at the point of the release and a radius that is the equivalent of the
				  distance to the endpoint determined pursuant to NAC 459.95364.
2. The owner or operator may use the
R.M.P. Guidance for Off-Site Consequence Analysis
, which is
				  adopted by reference pursuant to NAC 459.95528, to calculate the values
				  required in this section.
3. The
				  owner or operator may rely on information provided on local maps prepared by
				  the United States Geological Survey or on any source containing United States
				  Geological Survey data to identify environmental receptors.
4. The owner or operator shall maintain at
				  his or her facility the current list of environmental receptors defined by the
				  owner or operator pursuant to this section.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99; A by R137-04,
				  2-15-2005
NRS
				  459.3818,
				  459.3833
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Hazard Assessments › Section 459.95374 - Review and update of off-site consequence analyses; revised analyses

Current through June 11, 2024
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.
2. If there is a change at a facility in a
				  process that involves a highly hazardous substance or explosive or the quantity
				  of such a substance or explosive that is stored or handled at the facility, or
				  if any other change at the facility might reasonably be expected to increase or
				  decrease the distance to the endpoint by a factor of two or more, the owner or
				  operator shall prepare a revised analysis not later than 6 months after the
				  change.
3. The owner or operator
				  shall maintain at his or her facility the revised analysis prepared pursuant to
				  this section.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99; A by R137-04,
				  2-15-2005
NRS
				  459.3818,
				  459.3833
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Hazard Assessments › Section 459.95376 - Documentation to be maintained concerning worst-case release scenarios and alternative release scenarios

Current through June 11,
				  2024
The owner or operator shall maintain at his or
				  her facility:
1. For worst-case
				  release scenarios:
(a) A description of the
				  vessel or pipeline and substance that the owner or operator selected as
				  worst-case; and
(b) A list of the
				  assumptions and parameters that the owner or operator used, including, without
				  limitation:
(1) A description of any
				  administrative controls and passive mitigation that the owner or operator
				  assumed to limit the quantity of the substance which would be
				  released;
(2) The anticipated
				  effect of the controls and mitigation on the release quantity and rate;
				  and
(3) The reasons why the owner
				  or operator selected these assumptions and parameters.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Prevention Programs › Section 459.95412 - Compilation of information concerning process safety

Current
				  through June 11, 2024
1.
				  The owner or operator of a facility with a process that is subject to C.A.P.P.
				  shall compile written information concerning process safety before conducting a
				  process hazard analysis required pursuant to NAC 459.95414.
2. The information concerning process safety
				  must include, without limitation, information pertaining to:
(a) The hazards of the highly hazardous
				  substances or explosives, including, without limitation:
(1) Toxicity information;
(2) Permissible exposure limits;
(3) Physical data;
(4) Reactivity data;
(5) Corrosivity data;
(6) Thermal and chemical stability data;
				  and
(7) The foreseeable hazardous
				  effects of inadvertent mixing of different materials.
Material safety
				  data sheets that satisfy the requirements of
				  29 C.F.R. §
													1910.1200(g) may be used to
				  comply with this requirement to the extent they contain the information
				  required by this paragraph.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Prevention Programs › Section 459.95414 - Process hazard analysis

Current through June 11,
				  2024
1. The owner or
				  operator shall perform an initial process hazard analysis on a process that is
				  subject to C.A.P.P. before introducing highly hazardous substances or
				  explosives to the process.
2. An
				  owner or operator may use a process hazard analysis that was previously
				  completed to comply with
				  NRS
				  459.380 to
				  459.3874,
				  inclusive, or
				  29 C.F.R.
				  §
										1910.119(e) to
				  satisfy the requirement to perform an initial process hazard analysis provided
				  that the analysis reflects the current process.
3. The owner or operator shall obtain the
				  approval of the Division concerning the methodology of the process hazard
				  analysis before conducting the analysis.
4. The owner or operator shall select one or
				  more of the following methodologies as required by the complexity of the
				  process:
(a) A "what if" analysis;
(b) A checklist;
(c) A "what if" analysis combined with a
				  checklist;
(d) A hazard and
				  operability study;
(e) A failure
				  mode and effects analysis;
(f) A
				  fault tree analysis; or
(g) An
				  appropriate equivalent methodology.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Prevention Programs › Section 459.95416 - Operating procedures

Current through June 11,
				  2024
1. The owner or
				  operator of a facility with a process that is subject to C.A.P.P. shall develop
				  and implement written operating procedures for that process which:
(a) Are consistent with the process safety
				  information developed pursuant to NAC 459.95412; and
(b) Provide clear instructions for safely
				  conducting such a process.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Prevention Programs › Section 459.95418 - Training procedures

Current through June 11,
				  2024
The owner or operator of a facility with a
				  process that is subject to C.A.P.P.:
1. Shall, except as otherwise provided in
				  subsection 2, ensure that each employee who is operating a process or will
				  operate a process is trained in an overview of the process and in the operating
				  procedures created pursuant to NAC 459.95416. Such training must include,
				  without limitation, training in:
(a) The
				  layout of the plant;
(b) The
				  location of equipment and instruments;
(c) The specific safety and health
				  hazards;
(d) Emergency operations,
				  including, without limitation, procedures for an emergency shutdown;
(e) Safe work practices that are applicable
				  to the job tasks of the employee; and
(f) The program for the management of changes
				  developed and implemented pursuant to NAC 459.95423, including instruction on
				  how to recognize activities that are not replacement in kind.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Prevention Programs › Section 459.95421 - Procedures for maintenance of equipment

Current through June 11,
				  2024
1. The owner or
				  operator of a facility with a process subject to C.A.P.P. shall:
(a) Establish and implement written
				  procedures to ensure the ongoing integrity of the equipment listed in
				  subsection 2;
(b) Provide each
				  employee who is involved in maintaining the ongoing integrity of the equipment
				  listed in subsection 2 with:
(1) An overview
				  of the process that uses the equipment and the potential hazards of the
				  process;
(2) Training in the
				  procedures that are applicable to the job tasks of the employee to ensure that
				  the employee can perform the job tasks in a safe manner; and
(3) Training in the program for the
				  management of changes developed and implemented pursuant to NAC 459.95423,
				  including instruction on how to recognize activities that are not replacement
				  in kind;
(c) Perform
				  inspections and tests on process equipment listed in subsection 2;
(d) Ensure that the procedures for inspection
				  and testing follow recognized and generally accepted good engineering
				  practices;
(e) Ensure that the
				  inspections and tests of the equipment are performed:
(1) In the frequency required by good
				  engineering practices and consistent with any applicable recommendations from
				  the manufacturer of the equipment; or
(2) More frequently if determined to be
				  necessary by previous experience in operating the equipment;
(f) Document each inspection and
				  test that has been performed on the equipment, including, without limitation,
				  documentation of:
(1) The date of the
				  inspection or test;
(2) The name of
				  the person who performed the inspection or test;
(3) The serial number or other identifier of
				  the equipment on which the inspection or test was performed;
(4) A description of the inspection or test
				  performed; and
(5) The results of
				  the inspection or test;
(g) Correct any deficiencies in the equipment
				  that are outside the acceptable limits which are described by the process
				  safety information developed pursuant to NAC 459.95412 before using the
				  equipment again;
(h) In the
				  construction of new processes and equipment, ensure that the equipment, as
				  fabricated, is suitable for the process for which it will be used;
(i) Perform appropriate checks and
				  inspections to ensure that equipment is installed properly and consistent with
				  design specifications and instructions from the manufacturer; and
(j) Ensure that maintenance materials, spare
				  parts and equipment are suitable for the process for which they will be
				  used.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Prevention Programs › Section 459.95423 - Procedures for management of certain changes

Current through June
				  11, 2024
The owner or operator of a facility with a
				  process that is subject to C.A.P.P. shall:
1. Establish and implement written procedures
				  to manage changes, other than a replacement in kind, to:
(a) Chemicals, technology, equipment and
				  procedures that are used in a process; and
(b) Buildings, structures and equipment that
				  affect a process;
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Prevention Programs › Section 459.95425 - Pre-start-up safety review

Current through June 11,
				  2024
1. The owner or
				  operator of a facility with a process that is subject to C.A.P.P. shall perform
				  a pre-start-up safety review for new facilities and for modified facilities
				  when the modification is significant enough to require a change in the process
				  safety information.
2. A
				  pre-start-up safety review must confirm that before a highly hazardous
				  substance or explosive is introduced into a process:
(a) Construction and equipment is in
				  accordance with design specifications;
(b) Safety, operating, maintenance and
				  emergency procedures are in place and are adequate;
(c) For new or modified facilities, a process
				  hazard analysis has been performed and recommendations have been resolved or
				  implemented before start-up;
(d)
				  Modified facilities meet the requirements concerning the management of changes
				  set forth in NAC 459.95423; and
(e)
				  Training of each employee involved in operating and maintaining the process has
				  been completed.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Prevention Programs › Section 459.95427 - Evaluation and documentation of compliance

Current through June
				  11, 2024
1. The owner or
				  operator of a facility with a process that is subject to C.A.P.P. shall:
(a) Certify at least once every 3 years that
				  an evaluation has been performed of whether adequate procedures and practices
				  as required pursuant to NAC 459.95412 to 459.95442, inclusive, have been
				  developed and implemented;
(b)
				  Create a report of the findings of the evaluation made pursuant to paragraph
				  (a);
(c) Promptly determine and
				  document an appropriate response to any deficiency that is discovered during
				  the evaluation;
(d) Document that
				  any deficiency discovered during the evaluation has been corrected;
				  and
(e) Retain the two most recent
				  reports.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Prevention Programs › Section 459.95429 - Investigation of incidents; incident reports; corrective action

Current through June 11, 2024
The owner or
				  operator of a facility with a process that is subject to C.A.P.P. shall:
1. Investigate any incident that resulted in,
				  or could reasonably have resulted in, a catastrophic release and take
				  corrective action to prevent recurrence of the incident.
2. Initiate the investigation of the incident
				  as promptly as possible, but not later than 48 hours after the
				  incident.
3. Establish a team to
				  investigate the incident. The team must consist of two or more persons and
				  include at least:
(a) One person who is
				  knowledgeable in the process involved, including, without limitation, a
				  contract employee if his or her work was involved in the incident;
				  and
(b) One person who possesses
				  appropriate knowledge and experience to investigate and analyze the incident
				  thoroughly.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Prevention Programs › Section 459.95431 - Employee participation

Current through June 11,
				  2024
The owner or operator of a facility with a
				  process that is subject to C.A.P.P. shall:
1. Develop a written plan of action regarding
				  the implementation of the employee participation required by this
				  section;
2. Consult with employees
				  and their representatives about:
(a)
				  Conducting and developing process hazard analyses; and
(b) Developing and implementing the other
				  requirements of NAC 459.95412 to 459.95442, inclusive; and
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Prevention Programs › Section 459.95433 - Hot work permits

Current through June 11,
				  2024
The owner or operator of a facility with a
				  process that is subject to C.A.P.P. shall:
1. Issue a hot work permit for hot work
				  conducted on or near a process;
2.
				  Document in the permit:
(a) That the fire
				  prevention and protection requirements in
				  29 C.F.R. §
											1910.252(a) are implemented
				  before beginning hot work;
(b) The
				  dates which are authorized for hot work; and
(c) The object on which hot work is to be
				  performed; and
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Prevention Programs › Section 459.95435 - Duties of owner or operator concerning contractors; duties of contractors

Current through June 11, 2024
1. The owner or operator of a facility with a
				  process that is subject to C.A.P.P. shall:
(a)
				  When selecting a contractor, obtain and evaluate information regarding the
				  safety performance and programs of the contractor;
(b) Inform the contractor of known potential
				  fire, explosion or toxic release hazards related to the work of the contractor
				  and to the process on which he or she is working;
(c) Explain to the contractor the applicable
				  provisions of NAC 459.9544 and 459.95442;
(d) Develop and implement safe work practices
				  consistent with NAC 459.95416; and
(e) Periodically evaluate the performance of
				  the contractor in satisfying the requirements of subsection 2.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Emergency Response Programs › Section 459.9544 - Compliance; exemption

Current through June 11,
				  2024
1. Except as
				  otherwise provided in subsection 2, the owner or operator of a facility with a
				  process that is subject to C.A.P.P. shall comply with the requirements of NAC
				  459.95442.
2. The owner or operator
				  of a facility in which the employees will not respond to an accidental release
				  is not required to comply with the provisions of NAC 459.95442 if:
(a) For facilities subject to 29 C.F.R. Part
				  1910, the facility has implemented a written emergency action plan that
				  contains the elements set forth in
				  29 C.F.R. §
											1910.38(c)
				  -(f);
(b) Appropriate mechanisms are in place to
				  notify emergency responders when there is a need for a response; and
(c) The facility has coordinated response
				  actions with the local fire department. For response actions to be coordinated,
				  the owner or operator shall:
(1) Identify the
				  first responding fire station and hazardous materials response
				  station;
(2) Review the written
				  emergency action plan and appropriate mechanisms for notification developed for
				  the facility with the responders identified in subparagraph (1) or their
				  representatives;
(3) Keep a written
				  record of such review meetings, including comments by the responders or their
				  representatives to the written emergency action plan and appropriate mechanisms
				  for notification of the responders; and
(4) Update information on a basis agreeable
				  to the owner or operator and the responders.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Emergency Response Programs › Section 459.95442 - Establishment and implementation; review and coordination; written program

Current through June 11, 2024
1. An owner or operator shall:
(a) Establish and implement an emergency
				  response program to protect employees, public health and the environment, which
				  program must include:
(1) For facilities
				  subject to 29 C.F.R. Part 1910, a written emergency action plan that contains
				  the elements set forth in
				  29 C.F.R. §
												1910.38(c)
				  -(f);
(2) For facilities subject to 29 C.F.R. Part
				  1910, a program that contains the elements outlined in
				  29 C.F.R. §
												1910.120(q);
(3) Procedures for informing the public and
				  local emergency response agencies about an accidental release;
(4) Documentation of proper first-aid and
				  emergency medical treatment necessary to treat accidental human
				  exposures;
(5) Procedures and
				  measures for emergency response after an accidental release;
(6) Procedures for the use, inspection,
				  testing and maintenance of emergency response equipment;
(7) Training for all employees in relevant
				  procedures for emergency response; and
(8) Procedures to review and update, as
				  appropriate, the emergency response program to reflect changes at the facility
				  and ensure that employees are informed of changes.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Two or More Releases From Facility › Section 459.95486 - Prerequisites for exemption of process from C.A.P.P.; continued compliance

Current through June 11, 2024
1. A process that is otherwise subject to
				  C.A.P.P. pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NAC
				  459.95323 is not subject to C.A.P.P. if:
(a)
				  Two or more years have elapsed since the owner or operator has registered
				  pursuant to NAC 459.95348 and completed the process hazard analysis;
(b) The owner or operator has complied with
				  all relevant requirements of C.A.P.P.;
(c) The recommendations developed pursuant to
				  subsection 8 of NAC 459.95414 are implemented; and
(d) The State Environmental Commission has
				  granted the exemption pursuant to NAC 459.95488.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Two or More Releases From Facility › Section 459.95488 - Grant of exemption from C.A.P.P.: Procedure; considerations

Current through June 11, 2024
1. In order to be granted an exemption by the
				  State Environmental Commission from C.A.P.P., the owner or operator of a
				  facility with a process that is subject to C.A.P.P. pursuant to subparagraph
				  (2) of paragraph (a) of subsection 1 of NAC 459.95323 must submit:
(a) A written letter to the Division
				  requesting exemption from C.A.P.P.; and
(b) A list indicating that the
				  recommendations developed pursuant to subsection 8 of NAC 459.95414 have been
				  implemented. The list must be certified pursuant to NAC 459.95337.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Revalidation of Process Hazard Analysis › Section 459.9549 - General requirements; new analysis in lieu of revalidation

Current through June 11, 2024
1. The revalidation of a process hazard
				  analysis that is required pursuant to NAC 459.95414 must:
(a) Confirm pursuant to NAC 459.95496,
				  459.95498 and 459.955 that the analysis is valid for the current
				  process;
(b) Determine the status
				  of recommendations from the previous process hazard analysis; and
(c) Satisfy the requirements of NAC
				  459.95414.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Revalidation of Process Hazard Analysis › Section 459.95496 - Current process safety information and hazard assessment

Current through June 11, 2024
1. A revalidated process hazard analysis must
				  reflect current process safety information required pursuant to NAC 459.95412.
				  The owner or operator shall document specifically how the accuracy of the
				  process safety information was validated.
2. A revalidated process hazard analysis must
				  reflect the current hazard assessment.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99; A by R137-04,
				  2-15-2005
NRS
				  459.3818,
				  459.3833
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Revalidation of Process Hazard Analysis › Section 459.95498 - Current procedures and programs

Current through June 11,
				  2024
A revalidated process hazard analysis must
				  reflect current operating procedures, training programs, maintenance programs
				  and emergency response programs required pursuant to NAC 459.95416, 459.95418,
				  459.95421, 459.9544 and 459.95442. The owner or operator shall document
				  specifically how the accuracy of such information was validated.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99; A by R137-04,
				  2-15-2005
NRS
				  459.3818,
				  459.3833
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Revalidation of Process Hazard Analysis › Section 459.955 - Consideration of incidents; recommendations for correction of deficiencies

Current through June 11, 2024
1. All incidents that had the potential for,
				  or actually resulted in, a release, fire or explosion involving a highly
				  hazardous substance or explosive must be considered by the person or team
				  conducting a revalidation of a process hazard analysis.
2. The revalidation of the analysis must
				  include, without limitation:
(a) A review of
				  the recommendations that were made as a result of the investigation;
				  and
(b) Confirmation that the
				  recommendations are being implemented in a timely manner.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Administration and Enforcement › Section 459.9552 - Site inspections

Current through June 11,
				  2024
1. The Division
				  shall conduct a site inspection pursuant to this section at least once per year
				  for each facility registered pursuant to NAC 459.95348.
2. The Division may request information from
				  the owner or operator of the facility in advance of any inspection related to
				  compliance with any C.A.P.P. requirement. The Division may require that any
				  information submitted pursuant to this subsection be certified pursuant to NAC
				  459.95337.
3. Except as otherwise
				  provided in subsection 4, during a site inspection, the Division shall:
(a) Evaluate whether the facility is in
				  compliance with the requirements of its:
(1)
				  Prevention program;
(2) Emergency
				  response program; and
(3) Hazard
				  assessment; and
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Administration and Enforcement › Section 459.95521 - Investigation of accidents

Current through June 11,
				  2024
1. The Division may
				  investigate an accident occurring in connection with a process that involves
				  one or more highly hazardous substances or explosives at a facility which
				  results in an uncontrolled emission, fire or explosion and which presents or
				  presented an imminent and substantial danger to the health of the employees of
				  the facility, the public health or the environment, to determine the cause of
				  the accident if the owner or operator of the facility:
(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.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Administration and Enforcement › Section 459.95523 - Protection of confidentiality of certain information

Current
				  through June 11, 2024
1.
				  The Division shall, in accordance with this section and
				  NRS
				  459.3822, protect the confidentiality of any
				  information that is obtained pursuant to C.A.P.P., including any information
				  obtained through an observation made by the Division during a visit to a
				  facility.
2. To protect the
				  confidentiality of information, the owner or operator of the facility must
				  request such protection in writing, indicating which information is to be
				  protected and stating how the conditions in
				  NRS
				  459.3822 are satisfied, and pay a fee of
				  $1,000 per request.
3. A request
				  for, and the granting of, the protection of the confidentiality of information
				  made pursuant to this section does not constitute a request for, or the
				  granting of, an extension of any deadlines for reporting required pursuant to
				  C.A.P.P., and the pending status of such a request does not prohibit access to
				  the information or facility by the Division.
4. In addition to providing the confidential
				  information to the Division, the owner or operator of the facility for which
				  protection of the confidentiality of information is obtained pursuant to this
				  section shall, upon the request of the Division, provide a redacted version of
				  any submitted information that is intended for public review which substitutes
				  the term "CBI" or provides generic information for the information deemed
				  confidential.
Added to NAC by Environmental
				  Comm'n by R137-04, eff. 2-15-2005; A by
				  R103-22A,
				  eff. 12/7/2022
NRS
				  459.3818,
				  459.3822,
				  459.3824
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Administration and Enforcement › Section 459.95526 - Administration and enforcement of certain federal regulations

Current
				  through June 11, 2024
1.
				  The provisions of this section apply only during periods when federal authority
				  is delegated to the Division pursuant to Subpart E of 40 C.F.R. Part
				  63.
2. Upon receiving delegation of
				  federal authority pursuant to Subpart E of 40 C.F.R. Part 63 , the Division
				  shall administer and enforce the provisions of
				  40 C.F.R. §§
										68.3 to
				  68.215, inclusive, and Appendix A
				  of 40 C.F.R. Part
				  68, which are hereby adopted by
				  reference.
3. A copy of the volume
				  that contains 40 C.F.R.
				  §§
										68.3 to
				  68.215, inclusive, or Appendix A
				  of 40 C.F.R. Part
				  68 can be obtained by mail from the U.S.
				  Government Publishing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000,
				  or by toll-free telephone at (866) 512-1800, at a cost of $34. These sections
				  are also available, free of charge, from the electronic Code of Federal
				  Regulations at the Internet address
http://www.ecfr.gov
.
Added to NAC by Environmental
				  Comm'n by R137-04, eff. 2-15-2005; A by
				  R103-22A,
				  eff. 12/7/2022
NRS
				  459.3818,
				  459.3833
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Administration and Enforcement › Section 459.95528 - Adoption by reference of certain codes and standards

Current
				  through June 11, 2024
The following provisions are
				  hereby adopted by reference:
1. Codes
				  211112, 32211, 32411, 32511, 325181, 325188, 325192, 325199, 325211, 325311 and
				  32532 of the 2002 version of the N.A.I.C.S. A copy of the N.A.I.C.S. is
				  available, free of charge, at the Internet address
http://www.census.gov/naics
.
2.
N.F.P.A. 704: Standard System for
				  the Identification of the Hazards of Materials for Emergency Response,
2001 edition. A copy may be obtained from the National Fire Protection
				  Association, 1 Batterymarch Park, Quincy, Massachusetts 02169-7471 at a cost of
				  $67.50 for members or $75 for
				  nonmembers.
3.
N.F.P.A. 30:
				  Flammable and Combustible Liquids Code,
2003 edition. A copy may be
				  obtained from the National Fire Protection Association, 1 Batterymarch Park,
				  Quincy, Massachusetts 02169-7471 at a cost of $100.80 for members or $112 for
				  nonmembers.
4.
2020
				  Emergency Response Guidebook
. A copy may be obtained free of charge at
				  the Internet address
http://www.phmsa.dot.gov
.
5.
R.M.P. Guidance for Off-Site
				  Consequence Analysis
. A copy may be obtained free of charge from the
				  United States Environmental Protection Agency, National Service Center for
				  Environmental Publications, at the Internet address
http://www.epa.gov/rmp
.
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, Quincy, Massachusetts
				  02169-7471 at a cost of $140.40 for members or $156 for
				  nonmembers.
7.
									49 C.F.R. §
										172.101. A copy of the volume that contains
				  49 C.F.R. §
										172.101 may be obtained by mail from the U.S.
				  Government Publishing Office, P.O. Box 979050, St. Louis, Missouri 63197-9000,
				  or by toll-free telephone at (866) 512-1800, at a cost of $70. That section is
				  also available, free of charge, from the electronic Code of Federal Regulations
				  at the Internet address
http://www.ecfr.gov
.
8.
ASME B31.3 - 1999 Process Piping with
				  Addenda
. A copy of this standard is available for public inspection at
				  the main office of the Division, 901 South Stewart Street, Suite 4001, Carson
				  City, Nevada 89701.
9.
ASME
				  B31.5 - 2001 Refrigeration Piping
				  and Heat Transfer Components
. A copy of this standard is available for
				  public inspection at the main office of the Division, 901 South Stewart Street,
				  Suite 4001, Carson City, Nevada 89701.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99; A by R041-01, 10-25-2001; R137-04, 2-15-2005;
				  A by
				  R103-22A,
				  eff. 12/7/2022
NRS
				  459.3818,
				  459.3833
Nevada Administrative Code › Chapter 459 - Hazardous Materials › NUCLEAR PROJECTS › Section 459.960 - Definitions

Current through June 11, 2024
As used in
				  NAC 459.960 to 459.969, inclusive, unless the context otherwise requires, the
				  words and terms defined in
				  NRS 459.009 have the
				  meanings ascribed to them in that section.
Added to NAC by Comm'n on Nuclear
				  Projects, eff. 6-23-86
NRS
				  459.0092
Nevada Administrative Code › Chapter 459 - Hazardous Materials › NUCLEAR PROJECTS › Section 459.963 - Clarification of regulations

Current through June 11,
				  2024
1. An interested
				  party may obtain clarification of any of the provisions of NAC 459.960 to
				  459.969, inclusive, by directing a request to the Executive Director of the
				  Agency at the following address:
Agency for Nuclear
				  Projects/Nuclear
Waste Project Office
Capitol
				  Complex
1802 North Carson Street, Suite 252
Carson
				  City, Nevada 89710
2. If
				  the requester is dissatisfied with the response of the Executive Director, he
				  or she may petition the Commission for such clarification. In order to be heard
				  at its next regularly scheduled meeting, the petition must be received by the
				  Commission in time to be included as an item on the agenda for that
				  meeting.
Added to NAC by Comm'n on Nuclear
				  Projects, eff. 6-23-86
NRS
				  459.0092
Nevada Administrative Code › Chapter 459 - Hazardous Materials › NUCLEAR PROJECTS › Section 459.965 - Meetings of Commission

Current through June 11,
				  2024
Regular meetings of the Commission will be
				  scheduled at the pleasure of a majority of the members of the Commission.
				  Special meetings may be called by the Chair to consider matters which must be
				  addressed in advance of the regular meeting. Interested parties may present
				  items for the Commission to consider for inclusion in the agenda for special or
				  regularly scheduled meetings.
Added to NAC by Comm'n on Nuclear
				  Projects, eff. 6-23-86
NRS
				  459.0092
Nevada Administrative Code › Chapter 459 - Hazardous Materials › NUCLEAR PROJECTS › Section 459.967 - Correspondence with Agency

Current through June 11,
				  2024
All written communications, payments,
				  transactions and other pertinent documents involving the business of the Agency
				  must be addressed to the Executive Director, who shall receive and process the
				  documents or assign the matter to the administrator of a division of the Agency
				  for disposition. The Executive Director or a person on the staff delegated by
				  him or her shall respond to any correspondence in the name of the
				  Agency.
Added to NAC by Comm'n on Nuclear
				  Projects, eff. 6-23-86
NRS
				  459.0092
Nevada Administrative Code › Chapter 459 - Hazardous Materials › NUCLEAR PROJECTS › Section 459.969 - Notification of action of Agency; fee for copies

Current through
				  June 11, 2024
1. The
				  Agency shall notify every person who has submitted a written request to be
				  notified of any significant action by the Agency, including the adoption of
				  rules or regulations. Each such request expires each year on December 31. A
				  renewal of such a request for the following year may be made on or after
				  December 1. Information disseminated pursuant to such a request must be sent to
				  the last address filed by the person with the Agency.
2. The Agency may charge a person who is not
				  a governmental entity a fee for providing copies of any regulations of the
				  Commission. The fee must be based on the cost of reproduction.
Added to NAC by Comm'n on Nuclear
				  Projects, eff. 6-23-86
NRS
				  459.0092
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › General Provisions › Section 459.96902 - Definitions

Current through June 11, 2024
As used in
				  NAC 459.96902 to
				  459.9699, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC
				  459.96904 to
				  459.96944, inclusive, have the
				  meanings ascribed to them in those sections.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › General Provisions › Section 459.96904 - "Accuracy" defined

Current through June 11,
				  2024
"Accuracy" has the meaning ascribed to it in
				  Appendix A of chapter 1 of the
Standards
.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › General Provisions › Section 459.96906 - "Analyst" defined

Current through June 11,
				  2024
"Analyst" means a chemist, microbiologist,
				  physicist or technician who:
1. Is
				  qualified to conduct analyses of waste samples pursuant to the provisions of
				  the manual specified in paragraph (e) of subsection 1 of NAC 459.96948;
				  and
2. Performs those tests or
				  assists in performing those tests with other qualified employees of a certified
				  laboratory.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › General Provisions › Section 459.96908 - "Analyte" defined

Current through June 11,
				  2024
"Analyte" means any compound, element, radical,
				  isotope, contaminant organism, species or other substance for which a waste
				  sample is tested by a laboratory.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › General Provisions › Section 459.9691 - "Approved method of testing" defined

Current through June 11,
				  2024
"Approved method of testing" means a laboratory
				  procedure specified in subsection 4 of NAC 459.96958 that is approved by the
				  Environmental Protection Agency or the Division to test a waste sample.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › General Provisions › Section 459.96912 - "Certified laboratory" defined

Current through June 11,
				  2024
"Certified laboratory" means a laboratory for
				  which a certificate to conduct analyses of waste samples is issued pursuant to
				  the provisions of NAC 459.96902 to 459.9699, inclusive.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › General Provisions › Section 459.96914 - "Commission" defined

Current through June 11,
				  2024
"Commission" means the State Environmental
				  Commission.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500
Nevada Administrative Code › Chapter 459 - Hazardous Materials › CERTIFICATION OF LABORATORIES TO ANALYZE WASTE SAMPLES › General Provisions › Section 459.96916 - "Director" defined

Current through June 11,
				  2024
"Director" means:
1. A person who is qualified to administer
				  any technical or scientific operation of a certified laboratory and supervise
				  the procedures for the testing and reporting of the results of tests pursuant
				  to the provisions of the
Standards
; or
2. A chemist, microbiologist or physicist who
				  is qualified to engage in an activity specified in subsection 1 pursuant to the
				  provisions of the manual specified in paragraph (e) of subsection 1 of NAC
				  459.96948.
Added to NAC by Environmental
				  Comm'n by R061-04, eff. 10-7-2004
NRS 459.485,
				  459.500