CHAPTER 459 - HAZARDOUS MATERIALS

NAC 459.95332 Duties of owner or operator of facility. (NRS 459.3818, 459.3833) The owner or operator of a facility that has a process which is subject to C.A.P.P. shall: 1. Register annually with the Division pursuant to NAC 459.95348, 459.9535 and 459.95354; 2. Pay the annual f…

NAC 459.95333 Change in ownership of facility. (NRS 459.3818, 459.3824, 459.3833) If a facility with a process that is subject to C.A.P.P. changes ownership, the new owner or operator shall assume responsibility for full compliance with the requirements of NRS 459.380 to 459.3874…

NAC 459.95334 Annual fee. (NRS 459.3818, 459.3824, 459.3833) 1. Except as otherwise provided in NAC 459.953345 and 459.95335, the owner or operator of a facility that contains one or more processes and does not have an explosive manufacturing operation shall pay the fee required …

NAC 459.953345 Annual fees for facility with explosives manufacturing operation. (NRS 459.3818, 459.3824, 459.3833) 1. Except as otherwise provided in NAC 459.95335, an owner or operator of a facility that has an explosives manufacturing operation shall pay to the Division an ann…

NAC 459.95335 Exemption from payment of certain annual fees. (NRS 459.3818, 459.3824, 459.3833) 1. Notwithstanding any provision of NAC 459.95334 or 459.953345 to the contrary, an owner or operator of a new process is exempt from the payment of annual fees related to the new proc…

NAC 459.95337 Certification of required documents. (NRS 459.3818, 459.3832, 459.3833) 1. Any document required to be submitted pursuant to NAC 459.952 to 459.95528, inclusive, that is required to be certified must contain language for certification that substantially conforms to …

NAC 459.95341 Management system; implementation plan. (NRS 459.3818, 459.3833) The owner or operator of a facility with a process that is subject to C.A.P.P. shall develop: 1. A management system to oversee the implementation of all program requirements and: (a) Assign a qualifie…

NAC 459.95344 Reports of regulatory agencies. (NRS 459.3818, 459.382) A governmental entity or agency of the State that is required by subsection 1 of NRS 459.382 to submit a report to the Division shall do so, upon request, within 10 working days after a determination is made or…

NAC 459.95345 Permit required for construction; preliminary meeting with Division. (NRS 459.3818, 459.3829) 1. Before an owner or operator of a facility may commence the construction of a new process subject to C.A.P.P., the owner or operator must obtain a permit to construct the…

NAC 459.953451 Application for permit to construct: Submission; contents; requirements for accompanying documents, specifications and calculations. (NRS 459.3818, 459.3829) 1. To obtain a permit to construct a new process subject to C.A.P.P., an owner or operator of a new process…

NAC 459.953455 Contents of application for permit to construct: Process hazard analysis; information concerning process safety. (NRS 459.3818, 459.3829) 1. In addition to any other information required to be included pursuant to NAC 459.95345 to 459.953475, inclusive, an applicat…

NAC 459.953457 Contents of application for permit to construct: Site plan; plot plans of project area; diagrams; drawings. (NRS 459.3818, 459.3829) 1. In addition to any other information required to be included pursuant to NAC 459.95345 to 459.953475, inclusive, an application f…

NAC 459.953459 Contents of application for permit to construct: Specifications. (NRS 459.3818, 459.3829) Specifications included in an application for a permit to construct a new process: 1. Must indicate the current revision number and date on which the specifications were devel…

NAC 459.95346 Contents of application for permit to construct: Calculations. (NRS 459.3818, 459.3829) 1. In addition to any other information required to be included, an application for a permit to construct a new process must include calculations for: (a) Concrete foundations fo…

NAC 459.953461 Contents of application for permit to construct: Information concerning inspectors for construction of process pipes, concrete foundations and structural steel. (NRS 459.3818, 459.3829) 1. An applicant for a permit to construct must include in the application infor…

NAC 459.953463 Initial review of application for permit to construct; notification of applicant concerning completeness of application. (NRS 459.3818, 459.3829) 1. Upon receipt of an application for a permit to construct a new process, the Division shall review the application to…

NAC 459.953465 Notice of receipt of application for permit to construct; period for public comment; action by Division after period of public comment. (NRS 459.3818, 459.3829) 1. Upon determining that an application for a permit to construct a new process is complete, the Divisio…

NAC 459.953467 Conditions for issuance of permit to construct; approval of site plan; certain modifications in construction to be reflected in pre-start-up safety review. (NRS 459.3818, 459.3829) 1. The Division shall issue a permit to construct a new process if the Division: (a)…

NAC 459.953469 Commencement of construction before issuance of permit to construct. (NRS 459.3818, 459.3829) 1. If the Division determines that a new process is being constructed in the interest of mitigating the effects of acutely hazardous conditions on public safety, the envir…

NAC 459.95347 Maintenance and availability of information during construction activity; revised schedule for construction upon issuance of permit to construct. (NRS 459.3818, 459.3829) 1. During any construction activity done on a new process approved in accordance with NAC 459.9…

NAC 459.953471 Permit to operate: Requirements to commence operation or to bring highly hazardous substances or explosives onto site of new process. (NRS 459.3818, 459.3829) Before an owner or operator of a facility: 1. Commences the operation of a new process; or 2. Brings any h…

NAC 459.953473 Permit to operate: Conditions for issuance; notification of Division when certain requirements are satisfied. (NRS 459.3818, 459.3829) 1. The Division shall issue a permit to operate to the owner or operator of a new process only if: (a) The Division has issued a p…

NAC 459.953475 Fees; request for Division to cease evaluation for permit. (NRS 459.3818, 459.3829) 1. An owner or operator of a new process shall remit fees to the Division for activities conducted by the Division relating to permitting activities conducted pursuant to NAC 459.95…

NAC 459.95348 General requirements. (NRS 459.3818, 459.3822, 459.3832, 459.3833) 1. The owner or operator shall: (a) Complete annually a single registration form covering all processes subject to C.A.P.P.; (b) Submit the annual registration pursuant to subsection 6 to the Divisio…

NAC 459.9535 Annual registration: Information concerning facility. (NRS 459.3818, 459.3822, 459.3833) Information about the facility on the annual registration form must include: 1. The name, street, city, county, state, zip code, latitude and longitude of the facility, the metho…

NAC 459.95354 Annual registration: Accident history of facility. (NRS 459.3818, 459.3822, 459.3833) An annual registration must include an accident history of the facility for the period starting on June 1 of the previous year and ending on May 31 of the current year. The acciden…

NAC 459.95364 Parameters for analysis of off-site consequences. (NRS 459.3818, 459.3833) 1. An owner or operator shall use the following endpoints when preparing an analysis of off-site consequences: (a) For toxic highly hazardous substances, the toxic endpoints provided pursuant…

NAC 459.95366 Analysis of worst-case scenarios. (NRS 459.3818, 459.3833) 1. The owner or operator of a facility may use the guidelines set forth in the R.M.P. Guidance for Off-Site Consequence Analysis, which is adopted by reference pursuant to NAC 459.95528, to calculate any of …

NAC 459.95368 Analysis of alternative release scenarios. (NRS 459.3818, 459.3833) 1. The owner or operator shall identify and analyze at least one alternative release scenario for each toxic highly hazardous substance that is used in a process and at least one alternative release…

NAC 459.9537 Estimation of population potentially affected. (NRS 459.3818, 459.3833) 1. The owner or operator shall estimate the population within a circle that has its center at the point of the release and a radius that is the equivalent of the distance to the endpoint determin…

NAC 459.95372 Definition of environmental receptors. (NRS 459.3818, 459.3833) 1. The owner or operator shall define the environmental receptors within a circle with its center at the point of the release and a radius that is the equivalent of the distance to the endpoint determin…

NAC 459.95374 Review and update of off-site consequence analyses; revised analyses. (NRS 459.3818, 459.3833) 1. The owner or operator shall review and update the off-site consequence analyses developed pursuant to NAC 459.95364 to 459.95372, inclusive, at least once every 5 years…

NAC 459.95376 Documentation to be maintained concerning worst-case release scenarios and alternative release scenarios. (NRS 459.3818, 459.3833) The owner or operator shall maintain at his or her facility: 1. For worst-case release scenarios: (a) A description of the vessel or pi…

NAC 459.95412 Compilation of information concerning process safety. (NRS 459.3818, 459.3833) 1. The owner or operator of a facility with a process that is subject to C.A.P.P. shall compile written information concerning process safety before conducting a process hazard analysis r…

NAC 459.95414 Process hazard analysis. (NRS 459.3818, 459.3833) 1. The owner or operator shall perform an initial process hazard analysis on a process that is subject to C.A.P.P. before introducing highly hazardous substances or explosives to the process. 2. An owner or operator …

NAC 459.95416 Operating procedures. (NRS 459.3818, 459.3833) 1. The owner or operator of a facility with a process that is subject to C.A.P.P. shall develop and implement written operating procedures for that process which: (a) Are consistent with the process safety information d…

NAC 459.95418 Training procedures. (NRS 459.3818, 459.3833) The owner or operator of a facility with a process that is subject to C.A.P.P.: 1. Shall, except as otherwise provided in subsection 2, ensure that each employee who is operating a process or will operate a process is tr…

NAC 459.95421 Procedures for maintenance of equipment. (NRS 459.3818, 459.3833) 1. The owner or operator of a facility with a process subject to C.A.P.P. shall: (a) Establish and implement written procedures to ensure the ongoing integrity of the equipment listed in subsection 2;…

NAC 459.95423 Procedures for management of certain changes. (NRS 459.3818, 459.3833) The owner or operator of a facility with a process that is subject to C.A.P.P. shall: 1. Establish and implement written procedures to manage changes, other than a replacement in kind, to: (a) Ch…

NAC 459.95425 Pre-start-up safety review. (NRS 459.3818, 459.3833) 1. The owner or operator of a facility with a process that is subject to C.A.P.P. shall perform a pre-start-up safety review for new facilities and for modified facilities when the modification is significant enou…

NAC 459.95427 Evaluation and documentation of compliance. (NRS 459.3818, 459.3833) 1. The owner or operator of a facility with a process that is subject to C.A.P.P. shall: (a) Certify at least once every 3 years that an evaluation has been performed of whether adequate procedures…

NAC 459.95429 Investigation of incidents; incident reports; corrective action. (NRS 459.3818, 459.3833) The owner or operator of a facility with a process that is subject to C.A.P.P. shall: 1. Investigate any incident that resulted in, or could reasonably have resulted in, a cata…

NAC 459.95431 Employee participation. (NRS 459.3818, 459.3833) The owner or operator of a facility with a process that is subject to C.A.P.P. shall: 1. Develop a written plan of action regarding the implementation of the employee participation required by this section; 2. Consult…

NAC 459.95433 Hot work permits. (NRS 459.3818, 459.3833) The owner or operator of a facility with a process that is subject to C.A.P.P. shall: 1. Issue a hot work permit for hot work conducted on or near a process; 2. Document in the permit: (a) That the fire prevention and prote…

NAC 459.95435 Duties of owner or operator concerning contractors; duties of contractors. (NRS 459.3818, 459.3833) 1. The owner or operator of a facility with a process that is subject to C.A.P.P. shall: (a) When selecting a contractor, obtain and evaluate information regarding th…

NAC 459.9544 Compliance; exemption. (NRS 459.3818, 459.3833) 1. Except as otherwise provided in subsection 2, the owner or operator of a facility with a process that is subject to C.A.P.P. shall comply with the requirements of NAC 459.95442. 2. The owner or operator of a facility…

NAC 459.95442 Establishment and implementation; review and coordination; written program. (NRS 459.3818, 459.3833) 1. An owner or operator shall: (a) Establish and implement an emergency response program to protect employees, public health and the environment, which program must …