CHAPTER 459 - HAZARDOUS MATERIALS

NAC 459.95496 Current process safety information and hazard assessment. (NRS 459.3818, 459.3833) 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 …

NAC 459.95498 Current procedures and programs. (NRS 459.3818, 459.3833) 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, 459.9542…

NAC 459.955 Consideration of incidents; recommendations for correction of deficiencies. (NRS 459.3818, 459.3833) 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 consider…

NAC 459.9552 Site inspections. (NRS 459.3818, 459.3832, 459.3833, 459.387) 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 owne…

NAC 459.95521 Investigation of accidents. (NRS 459.3818, 459.38195, 459.3824) 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 emis…

NAC 459.95523 Protection of confidentiality of certain information. (NRS 459.3818, 459.3822, 459.3824) 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 info…

NAC 459.95526 Administration and enforcement of certain federal regulations. (NRS 459.3818, 459.3833) 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 dele…

NAC 459.95528 Adoption by reference of certain codes and standards. (NRS 459.3818, 459.3833) 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…

NAC 459.960 Definitions. (NRS 459.0092) 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)

NAC 459.963 Clarification of regulations. (NRS 459.0092) 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 Proj…

NAC 459.965 Meetings of Commission. (NRS 459.0092) 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 regula…

NAC 459.967 Correspondence with Agency. (NRS 459.0092) 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 matt…

NAC 459.969 Notification of action of Agency; fee for copies. (NRS 459.0092) 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 expir…

NAC 459.96902 Definitions. (NRS 459.485, 459.500) 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 E…

NAC 459.96904 “Accuracy” defined. (NRS 459.485, 459.500) “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)

NAC 459.96906 “Analyst” defined. (NRS 459.485, 459.500) “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 459.9694…

NAC 459.96908 “Analyte” defined. (NRS 459.485, 459.500) “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)

NAC 459.9691 “Approved method of testing” defined. (NRS 459.485, 459.500) “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 459.96912 “Certified laboratory” defined. (NRS 459.485, 459.500) “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…

NAC 459.96914 “Commission” defined. (NRS 459.485, 459.500) “Commission” means the State Environmental Commission. (Added to NAC by Environmental Comm’n by R061-04, eff. 10-7-2004)

NAC 459.96916 “Director” defined. (NRS 459.485, 459.500) “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…

NAC 459.96918 “Division” defined. (NRS 459.485, 459.500) “Division” means the Division of Environmental Protection of the State Department of Conservation and Natural Resources. (Added to NAC by Environmental Comm’n by R061-04, eff. 10-7-2004)

NAC 459.9692 “Federal Act” defined. (NRS 459.485, 459.500) “Federal Act” means the Resource Conservation and Recovery Act of 1976, 42 U.S.C. §§ 6901 et seq. (Added to NAC by Environmental Comm’n by R061-04, eff. 10-7-2004)

NAC 459.96922 “National Environmental Laboratory Accreditation Conference” defined. (NRS 459.485, 459.500) “National Environmental Laboratory Accreditation Conference” has the meaning ascribed to it in Appendix A of chapter 1 of the Standards. (Added to NAC by Environmental Comm’…

NAC 459.96924 “National Environmental Laboratory Accreditation Program” defined. (NRS 459.485, 459.500) “National Environmental Laboratory Accreditation Program” has the meaning ascribed to it in Appendix A of chapter 1 of the Standards. (Added to NAC by Environmental Comm’n by R…

NAC 459.96926 “Performance-based measurement system” defined. (NRS 459.485, 459.500) “Performance-based measurement system” 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)

NAC 459.96928 “Precision” defined. (NRS 459.485, 459.500) “Precision” 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)

NAC 459.9693 “Proficiency test sample” defined. (NRS 459.485, 459.500) “Proficiency test sample” 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)

NAC 459.96932 “Proficiency testing program” defined. (NRS 459.485, 459.500) “Proficiency testing program” 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)

NAC 459.96934 “Quality control sample” defined. (NRS 459.485, 459.500) “Quality control sample” means an uncontaminated waste sample that is spiked with a known analyte and provided to a laboratory for analysis to determine the performance of the laboratory in testing for the pre…

NAC 459.96936 “Quality manual” defined. (NRS 459.485, 459.500) “Quality manual” 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)

NAC 459.96938 “Sensitivity” defined. (NRS 459.485, 459.500) “Sensitivity” 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)

NAC 459.9694 “Spike” defined. (NRS 459.485, 459.500) “Spike” 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)

NAC 459.96942 “Standards” defined. (NRS 459.485, 459.500) “Standards” means the Standards of the National Environmental Laboratory Accreditation Conference adopted by reference pursuant to the provisions of NAC 459.96946. (Added to NAC by Environmental Comm’n by R061-04, eff. 10-…

NAC 459.96944 “Waste sample” defined. (NRS 459.485, 459.500) “Waste sample” means a sample of any substance obtained from any natural source or any other source to identify whether waste is hazardous waste or to detect the presence of hazardous waste or a regulated substance in s…

NAC 459.96946 Adoption by reference of National Environmental Laboratory Accreditation Conference-Constitution, Bylaws, and Standards. (NRS 459.485, 459.500) The Commission hereby adopts by reference the National Environmental Laboratory Accreditation Conference-Constitution, Byl…

NAC 459.96948 Adoption by reference of certain publications related to sample collection procedures, analytical methodologies and requirements for certification. (NRS 459.485, 459.500) 1. The Commission hereby adopts by reference the following publications in the forms most recen…

NAC 459.9695 Adoption by reference of Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846. (NRS 459.485, 459.500) The Commission hereby adopts by reference Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846, 3rd edition, and Updates …

NAC 459.96952 Adoption by reference of Method 1600-Membrane Filter Test Method for Enterococci in Water. (NRS 459.485, 459.500) The Commission hereby adopts by reference Method 1600-Membrane Filter Test Method for Enterococci in Water, May 1997, EPA-821-R-97-004, in the form most…

NAC 459.96954 Adoption of certain ASTM standards and other publications related to calibration and testing laboratories, and examination of water and wastewater. (NRS 459.485, 459.500) The following publications are hereby adopted by the Commission in the forms most recently publ…

NAC 459.96956 Interpretation of provisions; resolution of conflicting requirements. (NRS 459.485, 459.500) 1. The provisions of NAC 459.96902 to 459.9699, inclusive, must not be interpreted to circumvent any of those provisions to make them less effective. If more than one interp…

NAC 459.96958 Scope of certification. (NRS 459.485, 459.500) 1. A laboratory may obtain certification pursuant to the provisions of NAC 459.96902 to 459.9699, inclusive, to perform analyses for the purposes of NRS 459.400 to 459.600, inclusive, 459.610 to 459.658, inclusive, and …

NAC 459.9696 Categories of analytes for which laboratory may be certified. (NRS 459.485, 459.500) For the purposes of charging and collecting fees and conducting performance evaluations pursuant to the provisions of NAC 459.96902 to 459.9699, inclusive, the Division shall classif…

NAC 459.96962 Requirements for certification. (NRS 459.485, 459.500) 1. To be certified to conduct laboratory testing, a laboratory must comply with the requirements set forth in sections 1.8.3, 4.1.1, 5.0, 5.1, 5.4 and 5.5 of the Standards. 2. To be certified in: (a) Chemistry, …

NAC 459.96964 Certification by Division or pursuant to National Environmental Laboratory Accreditation Program. (NRS 459.485, 459.500) 1. A laboratory may apply for certification by the Division or certification pursuant to the National Environmental Laboratory Accreditation Prog…

NAC 459.96966 Application for certification. (NRS 459.485, 459.500) 1. To apply for certification pursuant to the provisions of NAC 459.96902 to 459.9699, inclusive, the director of the laboratory for which certification is requested must submit an application to the Division on …

NAC 459.96968 Participation in proficiency testing program. (NRS 459.485, 459.500) 1. Each laboratory for which an application for certification is submitted and each certified laboratory must participate in a proficiency testing program. The laboratory must: (a) Obtain single-bl…