reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95244 - "Endpoint" defined

Current through June 11,
				  2024
"Endpoint" means the toxic concentration,
				  ambient overpressure, radiant heat level or lowest flammable gas concentration
				  achieved at the outer geographical boundary of the off-site consequence
				  analysis.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95246 - "Environmental receptor" defined

Current through June 11,
				  2024
"Environmental receptor" means:
1. A national or state park, forest or
				  monument;
2. An officially
				  designated wildlife sanctuary, preserve, refuge or area; or
3. A federal wilderness area, which can be
				  identified on a local map prepared by the United States Geological Survey and
				  which could be exposed to toxic concentrations, radiant heat or overpressure
				  greater than or equal to the endpoints set forth in NAC 459.95364 as a result
				  of an accidental release.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.952465 - "Explosive" defined

Current through June 11,
				  2024
"Explosive" means a chemical classified as an
				  explosive pursuant to subsections 2 and 3 of NAC 459.9533.
Added to NAC by Environmental
				  Comm'n by R137-04, eff. 2-15-2005
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95247 - "Explosives manufacturing operation" defined

Current through June
				  11, 2024
"Explosives manufacturing operation" means
				  a process that involves the manufacture of explosives for sale even if highly
				  hazardous substances are also used in the explosives manufacturing operation.
				  The term includes the manufacture of devices containing explosives and
				  explosive storage sites that are incidental to the manufacture of explosives
				  for sale.
Added to NAC by Environmental
				  Comm'n by R041-01, eff. 10-25-2001; A by R137-04,
				  2-15-2005
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95248 - "Facility" defined

Current through June 11,
				  2024
"Facility" has the meaning ascribed to it in
				  NRS
				  459.38075.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99; A by R137-04,
				  2-15-2005
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.9525 - "Field gas" defined

Current through June 11,
				  2024
"Field gas" means gas that is extracted from a
				  production well before the gas enters a natural gas processing plant.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95251 - "First responding fire station" defined

Current through June
				  11, 2024
"First responding fire station" means the
				  local fire department station that typically responds to emergency calls from a
				  facility and is usually the station that is first on the scene during an
				  emergency.
Added to NAC by Environmental
				  Comm'n by R137-04, eff. 2-15-2005
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95252 - "Hazard assessment" defined

Current through June 11,
				  2024
"Hazard assessment" means an evaluation of the
				  potential on-site and off-site consequences of an accidental release that an
				  owner or operator develops pursuant to NAC 459.95364 to 459.95376,
				  inclusive.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99; A by R137-04,
				  2-15-2005
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95253 - "Hazardous materials response station" defined

Current through
				  June 11, 2024
"Hazardous materials response station"
				  means a local fire department station that is equipped and trained to provide a
				  hazardous materials response to a facility in accordance with
				  29 C.F.R. §
										1910.120(q).
Added to NAC by Environmental
				  Comm'n by R137-04, eff. 2-15-2005
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95255 - "Highly hazardous substance" defined

Current through June 11,
				  2024
"Highly hazardous substance" means a chemical
				  listed in subsection 1 of NAC 459.9533, regardless of the amount or quantity of
				  the chemical present.
Added to NAC by Environmental
				  Comm'n by R137-04, eff. 2-15-2005
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95256 - "Hot work" defined

Current through June 11,
				  2024
"Hot work" means work involving electric or gas
				  welding, cutting, brazing, or similar flame-producing or spark-producing
				  operations.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95259 - "Local building official" defined

Current through June 11,
				  2024
"Local building official" means the
				  governmental entity charged with the administration and enforcement of local
				  building codes.
Added to NAC by Environmental
				  Comm'n by R041-01, eff. 10-25-2001
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95263 - "Medical treatment" defined

Current through June 11,
				  2024
"Medical treatment" means treatment, other than
				  first aid, that is administered by a physician or other personnel pursuant to
				  standing orders from a physician.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95265 - "Mitigation" and "mitigation system" defined

Current through June
				  11, 2024
"Mitigation" or "mitigation system" means
				  activities, technologies or equipment specifically designed or deployed
				  to:
1. Capture or control a substance
				  upon loss of containment in order to minimize exposure of the employee, the
				  public or the environment; or
2.
				  Minimize the impact of a fire or explosion on the employee, the public or the
				  environment.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99; A by R137-04,
				  2-15-2005
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95267 - "N.A.I.C.S." defined

Current through June 11,
				  2024
"N.A.I.C.S." means the North American Industry
				  Classification System.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95269 - "Natural gas processing plant" defined

Current through June 11,
				  2024
"Natural gas processing plant" means a
				  processing site that:
1. Is engaged
				  in:
(a) The extraction of natural gas liquids
				  from field gas;
(b) The
				  fractionation of mixed natural gas liquids to natural gas products;
				  or
(c) Both extraction and
				  fractionation; and
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.952695 - "New process" defined

Current through June 11,
				  2024
"New process" means a process that has been, or
				  will be, installed at a facility and will be in operation for the first time at
				  that location. The term includes, without limitation, a new explosives
				  manufacturing operation.
Added to NAC by Environmental
				  Comm'n by R041-01, eff. 10-25-2001
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95271 - "N.F.P.A." defined

Current through June 11,
				  2024
"N.F.P.A." means the National Fire Protection
				  Association.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95273 - "Off-site" defined

Current through June 11,
				  2024
"Off-site" means an area:
1. Beyond the property boundary of the
				  facility; and
2. Within the
				  property boundary to which the public has routine and unrestricted access
				  during or outside business hours.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95275 - "Owner or operator" defined

Current through June 11,
				  2024
"Owner or operator" means any natural person,
				  business or social organization or other legal entity, including, without
				  limitation, a corporation, partnership, association, trust or unincorporated
				  organization, who owns, leases, operates, controls or supervises a facility
				  that contains any process subject to C.A.P.P.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99; A by R137-04,
				  2-15-2005
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95277 - "Passive mitigation" defined

Current through June 11,
				  2024
"Passive mitigation" means equipment, devices
				  or technologies that work without human, mechanical or other sources of energy,
				  and function to contain or minimize the consequences of an accidental
				  release.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95279 - "Prevention program" defined

Current through June 11,
				  2024
"Prevention program" means procedures and
				  practices that are developed and implemented pursuant to NAC 459.95412 to
				  459.95435, inclusive.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99; A by R041-01, 10-25-2001; R137-04,
				  2-15-2005
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95281 - "Process" defined

Current through June 11,
				  2024
"Process" means:
1. Any activity that involves a highly
				  hazardous substance or an explosive, including, without limitation, the use,
				  storage, manufacturing, handling or on-site movement, or any combination
				  thereof, of such a substance or explosive.
2. A group of vessels that are used in
				  connection with such activity, including vessels that are:
(a) Interconnected; or
(b) Separate, but located in such a manner
				  that a highly hazardous substance or explosive could potentially be released,
				  including, without limitation, a release, fire or explosion in one vessel that
				  could cause a release, fire or explosion in another vessel.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95283 - "Process hazard analysis" defined

Current through June 11,
				  2024
"Process hazard analysis" means the analysis
				  performed pursuant to NAC 459.95414.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95285 - "Produced water" defined

Current through June 11,
				  2024
"Produced water" means water that is:
1. Extracted from the earth from an oil or
				  natural gas production well; or
2.
				  Separated from oil or natural gas after extraction.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95289 - "Public" defined

Current through June 11,
				  2024
"Public" means one or more natural persons
				  other than employees or contractors of a facility.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95291 - "Public receptor" defined

Current through June 11,
				  2024
"Public receptor" means an off-site:
1. Residence;
2. Institution such as a school or
				  hospital;
3. Industrial, commercial
				  or office building; or
4. Park or
				  recreational area, that is inhabited or occupied by the public without
				  restriction by the facility, in which the public could be exposed as a result
				  of an accidental release to toxic concentrations, radiant heat or
				  overpressure.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95292 - "Replacement in kind" defined

Current through June 11,
				  2024
"Replacement in kind" means a replacement of
				  equipment, instruments, procedures, raw material and processing conditions that
				  satisfy the design specifications.
Added to NAC by Environmental
				  Comm'n by R137-04, eff. 2-15-2005
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95297 - "Threshold quantity" defined

Current through June 11,
				  2024
"Threshold quantity" means the quantity of
				  highly hazardous substance specified in subsection 1 of NAC 459.9533.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99; A by R137-04,
				  2-15-2005
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Provisions › Section 459.95312 - "Vessel" defined

Current through June 11,
				  2024
"Vessel" has the meaning ascribed to it in
				  NRS
				  459.38125.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99; A by R137-04,
				  2-15-2005
NRS
				  459.3818
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Applicability of Program › Section 459.95321 - Determination by owner or operator

Current through June 11,
				  2024
The owner or operator shall, pursuant to NAC
				  459.95321, 459.95323 and 459.9533, determine for each process within the
				  boundary of his or her facility if the process is subject to C.A.P.P.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99; A by R137-04,
				  2-15-2005
NRS
				  459.3818,
				  459.3833
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Applicability of Program › Section 459.95323 - Criteria for determination

Current through June 11,
				  2024
1. Except as
				  otherwise provided in NAC 459.95486, a process is subject to C.A.P.P. if:
(a) The process is not exempted pursuant to
				  NRS
				  459.3814 and the process contains a highly
				  hazardous substance in a quantity:
(1) Equal
				  to or greater than the amount set forth in subsection 1 of NAC 459.9533 under
				  the column labeled "Threshold Quantity"; or
(2) Less than the amount set forth in
				  subsection 1 of NAC 459.9533 under the column labeled "Threshold Quantity" if
				  there are two or more releases of one or more highly hazardous substances from
				  the facility during a 12-month period and the quantity for each release is in
				  excess of the amount set forth in subsection 1 of NAC 459.9533 for the highly
				  hazardous substance under the column labeled "Two Release Quantity";
				  or
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Requirements › Section 459.95332 - Duties of owner or operator of facility

Current through June
				  11, 2024
The owner or operator of a facility that
				  has a process which is subject to C.A.P.P. shall:
1. Register annually with the Division
				  pursuant to NAC 459.95348, 459.9535 and 459.95354;
2. Pay the annual fees pursuant to NAC
				  459.95334 if the facility contains one or more processes and does not have
				  explosives manufacturing operations;
3. Pay the annual fees pursuant to NAC
				  459.953345 if the facility contains one or more explosives manufacturing
				  operations;
4. Develop a management
				  system pursuant to NAC 459.95341;
5. Conduct a hazard assessment pursuant to
				  NAC 459.95364 to 459.95376, inclusive;
6. Develop and implement a prevention program
				  pursuant to NAC 459.95412 to 459.95435, inclusive;
7. Develop and implement an emergency
				  response program pursuant to NAC 459.9544 and 459.95442; and
8. Provide information to the Division in
				  advance of an inspection pursuant to subsection 2 of NAC 459.9552.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99; A by R041-01, 10-25-2001; R137-04,
				  2-15-2005
NRS
				  459.3818,
				  459.3833
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Requirements › Section 459.95333 - Change in ownership of facility

Current through June 11,
				  2024
If a facility with a process that is subject to
				  C.A.P.P. changes ownership, the new owner or operator shall assume
				  responsibility for full compliance with the requirements of
				  NRS
				  459.380 to
				  459.3874, inclusive, and any
				  regulations adopted pursuant thereto and:
1. If the annual registration required
				  pursuant to NAC
				  459.95348 is not due, satisfy the
				  requirements for registration set forth in NAC
				  459.95337 and
				  459.9535 and pay a fee of $1,000
				  not later than 14 days after the transfer of ownership; or
2. If the annual registration required
				  pursuant to NAC
				  459.95348 is due, submit the
				  annual registration.
Added to NAC by Environmental
				  Comm'n by R121-98, eff. 5-27-99; A by R137-04, 2-15-2005-Substituted in
				  revision for NAC 459.95512; A by
				  R103-22A,
				  eff. 12/7/2022
NRS
				  459.3818,
				  459.3824,
				  459.3833
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Requirements › Section 459.95334 - Annual fee

Current through June 11,
				  2024
1. Except as
				  otherwise provided in NAC 459.953345 and 459.95335, the owner or operator of a
				  facility that contains one or more processes and does not have an explosive
				  manufacturing operation shall pay the fee required by subsections 1 and 2 of
				  NRS
				  459.3824 before July 31 of each
				  year.
2. The amount of this annual
				  fee for each facility will equal the sum of:
(a) A base fee that is established pursuant
				  to subsection 4; and
(b) A
				  graduated fee that is established pursuant to subsection 5.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Requirements › Section 459.95334 - Annual fee

Current through June 11,
				  2024
1. Except as
				  otherwise provided in NAC
				  459.953345 and
				  459.95335, the owner or operator
				  of a facility that contains one or more processes and does not have an
				  explosive manufacturing operation shall pay the fee required by subsections 1
				  and 2 of NRS
				  459.3824 before July 31 of each
				  year.
2. The amount of this annual
				  fee for each facility will equal the sum of:
(a) A base fee that is established pursuant
				  to subsection 4; and
(b) A
				  graduated fee that is established pursuant to subsection 5.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Requirements › Section 459.953345 - Annual fees for facility with explosives manufacturing operation

Current through June 11, 2024
1. Except as otherwise provided in NAC
				  459.95335, an owner or operator of a facility that has an explosives
				  manufacturing operation shall pay to the Division an annual fee before July 31,
				  as prescribed in this section.
2.
				  If the explosives manufacturing operation includes only the combining of
				  ammonium nitrate and fuel oil mixture, the owner or operator of the facility of
				  which the operation is a part shall pay to the Division an annual fee of
				  $5,600.
3. If the explosives
				  manufacturing operation includes any other type of explosives manufacturing,
				  the owner or operator of the facility of which the operation is a part shall
				  pay to the Division an annual fee of $13,500.
4. If a facility that has an explosives
				  manufacturing operation also has a highly hazardous substance in a process in
				  excess of the threshold quantity set forth for that highly hazardous substance
				  in subsection 1 of NAC 459.9533, the owner or operator of the facility shall
				  pay, in addition to the fees set forth in this section, the graduated fee set
				  forth in subsection 5 of NAC 459.95334 and is exempt from the base fee set
				  forth in subsection 4 of NAC 459.95334.
5. The total annual fee required by this
				  section must not exceed $35,000 at any facility.
Added to NAC by Environmental
				  Comm'n by R041-01, eff. 10-25-2001; A by R137-04,
				  2-15-2005
NRS
				  459.3818,
				  459.3824,
				  459.3833
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Requirements › Section 459.953345 - Annual fees for facility with explosives manufacturing operation

Current through June 11, 2024
1. Except as otherwise provided in NAC
				  459.95335, an owner or operator
				  of a facility that has an explosives manufacturing operation shall pay to the
				  Division an annual fee before July 31, as prescribed in this section.
2. If the explosives manufacturing operation
				  includes only the combining of ammonium nitrate and fuel oil mixture, except as
				  otherwise provided in subsection 6, the owner or operator of the facility of
				  which the operation is a part shall pay to the Division an annual base fee of
				  $8,500 and an annual graduated fee of $59 per unit of explosives at the
				  facility.
3. If the explosives
				  manufacturing operation includes any other type of explosives manufacturing,
				  except as otherwise provided in subsection 6, the owner or operator of the
				  facility of which the operation is a part shall pay to the Division an annual
				  base fee of $21,000 and an annual graduated fee of $59 per unit of explosives
				  at the facility. A unit of explosives is equal to the total amount of
				  explosives present at the facility, divided by 10,000 pounds.
4. If a facility that has an explosives
				  manufacturing operation also has a highly hazardous substance in a process in
				  excess of the threshold quantity set forth for that highly hazardous substance
				  in subsection 1 of NAC
				  459.9533, the owner or operator
				  of the facility shall pay, in addition to the fees set forth in this section,
				  the graduated fee set forth in subsection 5 of NAC
				  459.95334 and is exempt from the
				  base fee set forth in subsection 4 of NAC
				  459.95334.
5. Except as otherwise provided in subsection
				  6, the total annual fee required by this section must not exceed $55,000 at any
				  facility.
6. For the fiscal year
				  beginning on July 1, 2025, and for each fiscal year thereafter, the Director
				  shall increase each fee set forth in this section by an amount that is equal to
				  2 percent of the fee for the immediately preceding fiscal year. The Director
				  may, during any fiscal year, suspend an increase in a fee specified in this
				  subsection.
7. The Director shall
				  post on the Internet website of the Division the fees required pursuant to this
				  section that are applicable for each fiscal year.
Added to NAC by Environmental
				  Comm'n by R041-01, eff. 10-25-2001; A by R137-04, 2-15-2005; A by
				  R103-22A,
				  eff. 7/1/2024
NRS
				  459.3818,
				  459.3824,
				  459.3833
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Requirements › Section 459.95335 - Exemption from payment of certain annual fees

Current through
				  June 11, 2024
1.
				  Notwithstanding any provision of NAC 459.95334 or 459.953345 to the contrary,
				  an owner or operator of a new process is exempt from the payment of annual fees
				  related to the new process for the fiscal year in which the process or
				  operation commences operation and for the following fiscal year.
2. The provisions of subsection 1 do not
				  affect any other fees already being paid by an owner or operator of a facility
				  for other processes or explosives manufacturing operations. In such a case, the
				  provisions of subsection 1 apply only to the incremental annual fee as applied
				  to the new process.
3. As used in
				  this section, "fiscal year" means the fiscal year on which the state budget is
				  based.
Added to NAC by Environmental
				  Comm'n by R041-01, eff. 10-25-2001; A by R137-04, 2-15-2005-Substituted in
				  revision for NAC 459.953477
NRS
				  459.3818,
				  459.3824,
				  459.3833
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Requirements › Section 459.95337 - Certification of required documents

Current through June 11,
				  2024
1. Any document
				  required to be submitted pursuant to NAC 459.952 to 459.95528, inclusive, that
				  is required to be certified must contain language for certification that
				  substantially conforms to one of the following forms:
(a) I certify under penalty of law that the
				  information provided in this document is true, accurate and complete. I am
				  aware that there are significant civil and criminal penalties for submitting
				  false, inaccurate or incomplete information.
[Signature, title, date
				  signed]
(b) I certify under
				  penalty of law that I have personally examined and am familiar with the
				  information submitted in this document and all attached documents and that,
				  based on my inquiry of the natural persons immediately responsible for
				  obtaining the information, I believe that the submitted information is true,
				  accurate and complete. I am aware that there are significant civil and criminal
				  penalties for submitting false information.
[Signature, title, date
				  signed]
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › General Requirements › Section 459.95341 - Management system; implementation plan

Current through June 11,
				  2024
The owner or operator of a facility with a
				  process that is subject to C.A.P.P. shall develop:
1. A management system to oversee the
				  implementation of all program requirements and:
(a) Assign a qualified person to have overall
				  responsibility for the development, implementation and integration of the
				  requirements of C.A.P.P.; or
(b)
				  Create a team with overall responsibility for the development, implementation
				  and integration of the requirements of C.A.P.P. The owner or operator shall
				  document:
(1) The names of the persons who
				  are members of the team; and
(2)
				  The relevant lines of authority for the team by means of an organization chart
				  or similar document.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Permits › Section 459.95345 - Permit required for construction; preliminary meeting with Division

Current through June 11, 2024
1. Before an owner or operator of a facility
				  may commence the construction of a new process subject to C.A.P.P., the owner
				  or operator must obtain a permit to construct the new process from the Division
				  pursuant to NAC 459.95345 to 459.953467, inclusive.
2. Before applying for a permit to construct
				  a new process, the owner or operator of the process must meet with the Division
				  to discuss:
(a) The scope of the project and
				  the applicable codes and standards relating to the design and construction of
				  the project;
(b) The requirements
				  for the submission of documents; and
(c) The schedule for the construction of the
				  project.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Permits › Section 459.953451 - Application for permit to construct: Submission; contents; requirements for accompanying documents, specifications and calculations

Current
				  through June 11, 2024
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. The Division shall determine which elements of the
				  application, if any, will be reviewed at the site where the new process will be
				  located.
2. An application for a
				  permit to construct a new process must be made on a form prescribed by the
				  Division and include:
(a) Registration for
				  the process that includes:
(1) The
				  information required by NAC
				  459.9535;
(2) A summary of the hazard assessment
				  conducted pursuant to NAC
				  459.95364 to
				  459.95376, inclusive;
(3) The name, address and telephone number of
				  the person submitting the plans;
(4) An overview of the project that includes
				  a description of:
(I) The process;
(II) The hours of operation during which the
				  process will be operated;
(III) The
				  estimated number of personnel, for each shift, who will be working on the
				  process, including, without limitation, personnel in operations, personnel in
				  maintenance, office staff, contract personnel and any other
				  personnel;
(IV) The modes,
				  frequency and hours of transportation of the incoming and outgoing raw
				  materials and products;
(V) The
				  scope of the construction; and
(VI)
				  The schedule for the project; and
(5) Information concerning the inspectors of
				  the construction required pursuant to NAC
				  459.953461;
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Permits › Section 459.953455 - Contents of application for permit to construct: Process hazard analysis; information concerning process safety

Current through June 11,
				  2024
1. In addition to
				  any other information required to be included pursuant to NAC 459.95345 to
				  459.953475, inclusive, an application for a permit to construct must include:
(a) Information relating to the hazards of
				  any highly hazardous substance or explosive as described in paragraph (a) of
				  subsection 2 of NAC 459.95412.
(b)
				  A description of the process chemistry, as required in NAC 459.95412,
				  including, without limitation, a description of the potential side reactions,
				  regardless of whether the reactions would create hazardous
				  consequences.
(c) If not readily
				  apparent from the piping and instrument diagrams, documentation concerning the
				  control logic that explains the function of the process controllers, switches
				  and interlocks. Such documentation must be as concise as possible to allow the
				  Division to review and use the information efficiently.
(d) A material and energy balance as required
				  in NAC 459.95412.
(e) A description
				  of the safety system as required in NAC 459.95412.
(f) A complete process hazard analysis
				  performed pursuant to NAC 459.95414.
(g) A list of vessels and rotating equipment,
				  traceable to the piping and instrument diagram, and, if requested by the
				  Division, design and code information.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Permits › Section 459.953457 - Contents of application for permit to construct: Site plan; plot plans of project area; diagrams; drawings

Current through June 11,
				  2024
1. In addition to
				  any other information required to be included pursuant to NAC 459.95345 to
				  459.953475, inclusive, an application for a permit to construct a new process
				  must include:
(a) A site plan, drawn to scale,
				  that identifies the location within the facility of the new process on a map. A
				  site plan must include and indicate, without limitation:
(1) The city and county roads in the area of
				  the facility of the new process.
(2) The area encompassing the endpoint of the
				  worst-case release scenarios developed pursuant to NAC 459.95366 or the area
				  encompassing an area extending 1 mile radially from the facility, whichever is
				  larger.
(3) A graphical delineation
				  of the endpoints of each worst-case release scenario and alternative release
				  scenario developed pursuant to NAC 459.95366 and 459.95368.
(4) All major roads and transportation
				  corridors.
(5) Routes for incoming
				  and outgoing raw materials and products.
(6) The location of the first responding fire
				  station and the hazardous materials response station. If the first responding
				  fire station or hazardous materials response station is located outside the
				  plan area, the site plan must include the address of the station and indicate
				  the distance and direction that the station is from the facility.
(7) The location of schools, hospitals and
				  other public receptors within the plan area.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Permits › Section 459.953459 - Contents of application for permit to construct: Specifications

Current through June 11, 2024
Specifications included in an application for a permit to construct a new
				  process:
1. Must indicate the current
				  revision number and date on which the specifications were developed;
2. Must define:
(a) The applicable codes, standards or
				  industry recommended practices to be followed for the design, construction and
				  inspection of the new process;
(b)
				  The design conditions, including, without limitation, maximum allowable working
				  pressures, the design temperatures and the seismic criteria, where
				  applicable;
(c) The required
				  materials of construction;
(d) The
				  qualification requirements for:
(1) The
				  installation methods to be used; and
(2) The personnel performing the construction
				  and inspection activities; and
(e) The requirements for inspection and
				  testing; and
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Permits › Section 459.95346 - Contents of application for permit to construct: Calculations

Current through June 11, 2024
1. In addition to any other information
				  required to be included, an application for a permit to construct a new process
				  must include calculations for:
(a) Concrete
				  foundations for drawings submitted pursuant to NAC 459.953457, including,
				  without limitation, a soils report to support the design
				  calculations;
(b) Structural steel
				  drawings submitted pursuant to NAC 459.953457; and
(c) The capacity of pressure relief devices
				  and pressure relief systems to be included in the new process.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Permits › Section 459.953461 - Contents of application for permit to construct: Information concerning inspectors for construction of process pipes, concrete foundations and structural steel

Current through June 11,
				  2024
1. An applicant for
				  a permit to construct must include in the application information concerning
				  the inspectors for the construction of process pipes, concrete foundations and
				  structural steel if these activities are to be permitted pursuant to NAC
				  459.953467.
2. The information
				  concerning the inspectors must identify:
(a)
				  Each inspector to be employed by the applicant;
(b) The scope of the inspection services to
				  be provided by each inspector, including, without limitation, the types of
				  observations and tests to be used; and
(c) The qualifications of each inspector that
				  will enable the inspector to perform the inspection. If the inspector is
				  required to be certified or hold other specific credentials to perform his or
				  her duties, the applicant must include a copy of the required certifications or
				  credentials.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Permits › Section 459.953463 - Initial review of application for permit to construct; notification of applicant concerning completeness of application

Current through
				  June 11, 2024
1. Upon
				  receipt of an application for a permit to construct a new process, the Division
				  shall review the application to determine if the application includes all the
				  information required by NAC 459.953451. Not later than 30 days after the date
				  on which an application is received, the Division shall provide to the
				  applicant its initial determination as to the completeness of the
				  application.
2. If the Division
				  determines that an application for a permit to construct does not include all
				  the information required by NAC 459.953451, the Division shall notify the
				  applicant of its determination and include in the notice a description or list
				  of the deficiencies.
3. If the
				  Division determines that an application for a permit to construct is not
				  complete, the Division may:
(a) Return all the
				  submitted information to the applicant and require the applicant to resubmit
				  the application when completed; or
(b) Delay the review of the incomplete
				  application until the applicant submits the required information and the
				  application is determined to be complete.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Permits › Section 459.953465 - Notice of receipt of application for permit to construct; period for public comment; action by Division after period of public comment

Current through June 11, 2024
1. Upon determining that an application for a
				  permit to construct a new process is complete, the Division shall issue a
				  notice of its receipt of the application. The notice must:
(a) Be sent to the applicant and the local
				  governing body in the area in which the new process is to be located, and be
				  published on an Internet website designed to give general public notice;
				  and
(b) Summarize the review to be
				  conducted by the Division on the application for the permit to construct and
				  state that the following information will be available for public review:
(1) The registration submitted pursuant to
				  NAC 459.953451;
(2) The coordinated emergency plan
				  document;
(3) The site plan;
				  and
(4) A copy of the conditional
				  use permit.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Permits › Section 459.953469 - Commencement of construction before issuance of permit to construct

Current through June 11, 2024
1. If the Division determines that a new
				  process is being constructed in the interest of mitigating the effects of
				  acutely hazardous conditions on public safety, the environment or the health of
				  personnel, and timely implementation of the new process is critical to ensure
				  the preservation of those objectives, the Division may allow the owner or
				  operator to commence construction on the new process before the permit to
				  construct is issued.
2. The owner
				  or operator of a new process may commence construction before a permit to
				  construct is issued if:
(a) The owner or
				  operator submits with its application for a permit to construct a letter
				  detailing the reasons for the request to begin construction before the issuance
				  of the permit to construct; and
(b)
				  The Division determines the application to be complete and has not identified
				  any significant unmitigated hazard.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Permits › Section 459.95347 - Maintenance and availability of information during construction activity; revised schedule for construction upon issuance of permit to construct

Current through June 11, 2024
1. During any construction activity done on a
				  new process approved in accordance with NAC 459.953467, the owner or operator
				  of the new process shall:
(a) Maintain
				  on-site:
(1) All documents, drawings and
				  specifications related to the construction and operation of the new
				  process;
(2) All records relating
				  to inspections and testing related to the construction; and
(3) All records relating to the construction
				  procedure and qualifications of persons performing the construction;
				  and
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Permits › Section 459.953471 - Permit to operate: Requirements to commence operation or to bring highly hazardous substances or explosives onto site of new process

Current through June 11, 2024
Before an
				  owner or operator of a facility:
1.
				  Commences the operation of a new process; or
2. Brings any highly hazardous substances or
				  explosives onto the site of the new process, the owner or operator must obtain
				  a permit to operate from the Division pursuant to NAC 459.953473.
Added to NAC by Environmental
				  Comm'n by R041-01, eff. 10-25-2001; A by R137-04,
				  2-15-2005
NRS
				  459.3818,
				  459.3829
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Permits › Section 459.953473 - Permit to operate: Conditions for issuance; notification of Division when certain requirements are satisfied

Current through June 11,
				  2024
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;
(b) The
				  owner or operator has received all appropriate permits from the local building
				  official for the drawings and calculations for the construction of concrete
				  foundations and structural steel;
(c) The Division determines that the
				  requirements set forth in NAC 459.95341, 459.953475 and 459.95412 to 459.95442,
				  inclusive, have been satisfied; and
(d) The owner or operator is not delinquent
				  on the payment of fees assessed pursuant to NAC 459.953475.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Permits › Section 459.953475 - Fees; request for Division to cease evaluation for permit

Current through June 11, 2024
1. An owner or operator of a new process
				  shall remit fees to the Division for activities conducted by the Division
				  relating to permitting activities conducted pursuant to NAC
				  459.95345 to
				  459.953473, inclusive.
2. Upon the determination by the Division
				  that an application for a permit to construct a new process is complete, except
				  as otherwise provided in subsection 4, the owner or operator shall remit a fee
				  of $7,600 to the Division. The Division shall issue invoices to the owner or
				  operator for any costs in excess of $7,600.
3. The Division shall accrue charges for
				  activities relating to the permitting of the new process conducted by:
(a) Personnel of the Division, except as
				  otherwise provided in subsection 4, in the amount of $103 per hour;
				  and
(b) Contractors in an amount
				  equal to the cost to the Division, plus 5 percent.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Registration › Section 459.95348 - General requirements

Current through June 11,
				  2024
1. The owner or
				  operator shall:
(a) Complete annually a single
				  registration form covering all processes subject to C.A.P.P.;
(b) Submit the annual registration pursuant
				  to subsection 6 to the Division on or before June 21 of each year;
				  and
(c) Certify the annual
				  registration pursuant to NAC 459.95337.
Nevada Administrative Code › Chapter 459 - Hazardous Materials › REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES › Registration › Section 459.9535 - Annual registration: Information concerning facility

Current
				  through June 11, 2024
Information about the facility
				  on the annual registration form must include:
1. The name, street, city, county, state, zip
				  code, latitude and longitude of the facility, the method for obtaining the
				  latitude and longitude, and a description of the location that the latitude and
				  longitude represent.
2. The Dun
				  & Bradstreet number for the facility.
3. The name and Dun & Bradstreet number
				  of any parent corporation.
4. The
				  name, telephone number and mailing address of the owner or operator.
5. The name and title of the person with
				  overall responsibility for the implementation of C.A.P.P.
6. The name, title, telephone number during
				  normal business hours and telephone number that is available 24 hours per day
				  of an emergency contact.
7. For
				  each process:
(a) The name and C.A.S. number
				  of each substance.
(b) The maximum
				  quantity of each substance on-site between June 1 of the previous year and May
				  31 of the current year. For a new process, the owner or operator shall include
				  in its annual registration form information about the maximum inventory they
				  expect to have on-site through the following May 31.
(c) The N.A.I.C.S. code that is applicable to
				  the process.