SUMMARY--Revises various provisions relating to regulatory control of hazardous materials. (BDR 40-236)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

AN ACT relating to hazardous materials; authorizing the division of environmental protection of the state department of conservation and natural resources to designate highly hazardous substances by regulation; requiring the division to coordinate and administer certain federal programs; clarifying the motor vehicles for which a permit to transport hazardous materials must be obtained; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Acetaldehyde 75-07-0 2500
Acrolein (2-Propenal) 107-02-8 150
Acrytyl Chloride 814-68-6 250
Allyl Chloride 107-05-1 1000
Allylamine 107-11-9 1500
Alkylaluminums None 5000
Ammonia, Anhydrous 7664-41-7 5000
Ammonia solutions (44% ammonia by weight) 7664-41-7 10000
Ammonium Perchlorate 7790-98-9 7500
Ammonium Permanganate 7787-36-2 7500
Arsine (also called Arsenic Hydride) 7784-42-1 100
Bis(Chloromethyl) Ether 542-88-1 100
Boron Trichloride 10294-34-5 2500
Boron Trifluoride 7637-07-2 250
Bromine 7726-95-6 1500
Bromine Chloride 13863-41-7 1500
Bromine Pentafluoride 7789-30-2 2500
Bromine Trifluoride 7787-71-5 15000
3-Bromopropyne (also called Propargyl
Bromide) 106-96-7 7500
Butyl Hydroperoxide (Tertiary) 75-91-2 5000
Butyl Perbenzoate (Tertiary) 614-45-9 7500
Carbonyl Chloride (see Phosgene) 75-44-5 100
Carbonyl Fluoride 353-50-4 2500
Cellulose Nitrate (concentration 12.6%
Nitrogen) 9004-70-0 2500
Chlorine 7782-50-5 1500
Chlorine Dioxide 10049-04-4 1000
Chlorine Pentafluoride 13637-63-3 1000
Chlorine Trifluoride 7790-91-2 1000
Chlorodiethylaluminum (also called
Diethylaluminum Chloride 96-10-6 5000
1-Chloro-2,4-Dinitrobenzene 97-00-7 5000
Chloromethyl Methyl Ether 107-30-2 500
Chloropicrin 76-06-2 500
Chloropicrin and Methyl Bromide mixture None 1500
Chloropicrin and Methyl Chloride mixture None 1500
Cumene Hydroperoxide 80-15-9 5000
Cyanogen 460-19-5 2500
Cyanogen Chloride 506-77-4 500
Cyanuric Fluoride 675-14-9 100
Diacetyl Peroxide (concentration 70%) 110-22-5 5000
Diazomethane 334-88-3 500
Dibenzoyl Peroxide 94-36-0 7500
Diborane 19287-45-7 100
Dibutyl Peroxide (Tertiary) 110-05-4 5000
Dichloro Acetylene 7572-29-4 250
Dichlorosilane 4109-96-0 2500
Diethylzinc 557-20-0 10000
Diisopropyl Peroxydicarbonate 105-64-8 7500
Dilauroyl Peroxide 105-74-8 7500
Dimethyl Sulfide 75-18-3 100
Dimethyldichlorosilane 75-78-5 1000
Dimethylhydrazine, 1.1- 57-14-7 1000
Dimethylamine, Anhydrous 124-40-3 2500
Ethyl Methyl Ketone Peroxide (also
Methyl Ethyl Ketone Peroxide;
concentration 60%) 1338-23-4 5000
Ethyl Nitrite 109-95-5 5000
Ethylamine 75-04-7 7500
Ethylene Fluorohydrin 371-62-0 100
Ethylene Oxide 75-21-8 5000
Ethyleneimine 151-56-4 1000
Fluorine 7782-41-4 1000
Formaldehyde (concentration 90%) 50-00-0 1000
Furan 110-00-9 500
Hexafluoroacetone 684-16-2 5000
Hydrochloric Acid, Anhydrous 7647-01-0 5000
Hydrofluoric Acid, Anhydrous 7664-39-3 1000
Hydrogen Bromide 10035-10-6 5000
Hydrogen Chloride 7647-01-0 5000
Hydrogen Cyanide, Anhydrous 74-90-8 1000
Hydrogen Fluoride 7664-39-3 1000
Hydrogen Peroxide (52% by weight or more) 7722-84-1 7500
Hydrogen Selenide 7783-07-5 150
Hydrogen Sulfide 7783-06-4 1500
Hydroxylamine 7803-49-8 2500
Iron, Pentacarbonyl- 13463-40-6 250
Isopropyl Formate 625-55-8 500
Isopropylamine 75-31-0 5000
Ketene 463-51-4 100
Methacrylaldehyde 78-85-3 1000
Methacryloyl Chloride 920-46-7 150
Methacryloyloxyethyl Isocyanate 30674-80-7 100
Methyl Acrylonitrile 126-98-7 250
Methylamine, Anhydrous 74-89-5 1000
Methyl Bromide 74-83-9 2500
Methyl Chloride 74-87-3 15000
Methyl Chloroformate 79-22-1 500
Methyl Disulfide 624-92-0 100
Methyl Ethyl Ketone Peroxide
(concentration 60%) 1338-23-4 5000
Methyl Fluoroacetate 453-18-9 100
Methyl Fluorosulfate 421-20-5 100
Methyl Hydrazine 80-34-4 100
Methyl Iodide 74-88-4 7500
Methyl Isocyanate 624-83-9 250
Methyl Mercaptan 74-93-1 5000
Methyl Vinyl Ketone 78-94-4 100
Methyltrichlorosilane 75-79-6 500
Nickel Carbonyl (Nickel Tetracarbonyl) 13463-39-3 150
Nitric Acid (94.5% by weight or greater) 7697-37-2 500
Nitric Oxide 10102-43-9 250
Nitroaniline (para Nitroaniline) 100-01-6 5000
Nitromethane 75-52-5 2500
Nitrogen Dioxide 10102-44-0 250
Nitrogen Oxides (NO; NO2; N2O4; N2O3) 10102-44-0 250
Nitrogen Tetroxide (also called Nitrogen
Peroxide) 10544-72-6 250
Nitrogen Trifluoride 7783-54-2 5000
Nitrogen Trioxide 10544-73-7 250
Oleum (65% to 80% by weight; also called
Fuming Sulfuric Acid) 8014-94-7 1000
Osmium Tetroxide 20816-12-0 100
Oxygen Difluoride (Fluorine Monoxide) 7783-41-7 100
Ozone 10028-15-6 100
Pentaborane 19624-22-7 100
Peracetic Acid (also called Peroxyacetic Acid) 79-21-0 5000
Perchloric Acid (concentration 60%) 7601-90-3 5000
Perchloromethyl Mercaptan 594-42-3 150
Perchloryl Fluoride 7616-94-6 5000
Peroxyacetic Acid (concentration 60%; also
called Peracetic Acid) 79-21-0 5000
Phosgene (also called Carbonyl Chloride) 75-44-5 100
Phosphine (Hydrogen Phosphide) 7803-51-2 100
Phosphorus Oxychloride (also called
Phosphoryl Chloride) 10025-87-3 1000
Phosphorus Trichloride 7719-12-2 1000
Phosphoryl Chloride (also called Phosphorus
Oxychloride) 10025-87-3 1000
Propargyl Bromide 106-96-7 7500
Propyl Nitrate 627-3-4 2500
Sarin 107-44-8 100
Selenium Hexafluoride 7783-79-1 1000
Stibine (Antimony Hydride) 7803-52-3 500
Sulfur Dioxide (liquid) 7446-09-5 1000
Sulfur Pentafluoride 5714-22-7 250
Sulfur Tetrafluoride 7783-60-0 250
Sulfur Trioxide (also called Sulfuric
Anhydride) 7446-11-9 1000
Sulfuric Anhydride (also called Sulfur
Trioxide) 7446-11-9 1000
Tellurium Hexafluoride 7783-80-4 250
Tetrafluoroethylene 116-14-3 5000
Tetrafluorohydrazine 10036-47-2 5000
Tetramethyl Lead 75-74-1 7500
Thionyl Chloride 7719-09-7 250
Trichloro(chloromethyl) Silane 1558-25-4 100
Trichloro(dichlorophenyl) Silane 21737-85-5 2500
Trichlorosilane 10025-78-2 5000
Trifluorochloroethylene 79-38-9 10000
Trimethyoxysilane 2487-90-3 1500

2.] 1. The division, in consultation with the health division of the department of human resources and the division of industrial relations of the department of business and industry shall [regularly] :
(a) Regularly examine the sources of information available to it with regard to potentially highly hazardous substances [.The division shall, by regulation, add to] ; and
(b) Establish, by regulation, a list of substances that are designated as highly hazardous.
2. The division shall include in the list of highly hazardous substances any chemical that is identified as being used, manufactured, stored, or capable of being produced, at a facility, in sufficient quantities at a single site, that its release into the environment would produce a significant likelihood that persons exposed would suffer death or substantial bodily harm as a consequence of the exposure.
Sec. 3. NRS 459.3818 is hereby amended to read as follows:
459.3818 1. The division shall adopt such regulations as are necessary to carry out the purposes and enforce the provisions of NRS 459.380 to 459.3874, inclusive.
2. The division shall:
(a) Administer and coordinate any program for the prevention of accidental releases established pursuant to 42 U.S.C. § 7412(r).
(b) Enforce the Federal Occupational Safety and Health Administration Process Safety Management Standard set forth in 29 C.F.R. § 1910.119.
3. The division shall make every effort to involve advisory councils on hazardous materials, where they exist, the governing bodies of local governments and other interested persons in explaining actions taken pursuant to those sections and the regulations adopted pursuant thereto.
Sec. 4. NRS 459.705 is hereby amended to read as follows:
459.705 1. Every person who transports in a motor vehicle upon the highways of this state hazardous materials which are required to be placarded in accordance with federal law shall, pursuant to regulations of the department:
(a) Obtain from the division a permit to transport the hazardous materials.
(b) Submit each motor vehicle used to transport the hazardous materials for an inspection pursuant to the regulations of the department as to the safety of the vehicle to transport hazardous materials.
2. [The] Except as otherwise provided in subsection 3, the department shall adopt regulations concerning such permits. The regulations may require that the permit or a legible copy of the permit be carried in the driver's compartment of the motor vehicle at all times while the vehicle is used to transport hazardous materials.
3. The department shall not adopt any regulation requiring such a permit or requiring recordkeeping for the purposes of such a permit for a motor vehicle unless the motor vehicle is actually used to transport hazardous material:
(a) Of a type and amount for which a vehicle transporting the substance must be placarded pursuant to 49 C.F.R. Part 172;
(b) Of a type and amount for which a uniform hazardous waste manifest is required pursuant to 40 C.F.R. Part 262;
(c) Which is transported in bulk packaging, as defined in 49 C.F.R. § 171.8; or
(d) Identified as a hazardous material pursuant to NRS 459.710.
4. In addition to complying with the provisions of this section and any regulations adopted pursuant thereto, the division shall comply with the provisions of NRS 459.707 and 459.708 if an application is submitted for a permit to transport radioactive waste.
Sec. 5. NRS 618.315 is hereby amended to read as follows:
618.315 1. The division has authority over working conditions in all places of employment except as limited by subsection 2.
2. The authority of the division does not extend to working conditions which:
(a) Exist in household domestic service;
(b) Exist in motor vehicles operating on public highways of this state; [or]
(c) Are regulated pursuant to the Federal Mine Safety and Health Act of 1977 (30 U.S.C. §§ 801 et seq.), the Federal Safety Appliances Act (45 U.S.C. §§ 1 et seq.) or the Federal Railroad Safety Act of 1970 (45 U.S.C. §§ 421 et seq.) [.] ; or
(d) Are regulated pursuant to the Federal Occupational Safety and Health Administration Process Safety Management Standard set forth in 29 C.F.R. § 1910.119.
3. The division may:
(a) Declare and prescribe which safety devices, safeguards or other means of protection are well adapted to render employees safe as required by lawful order, state standards or regulations or federal standards, as adopted by the division.
(b) Fix and adopt such reasonable standards and prescribe, modify and enforce such reasonable orders for the adoption, installation, use, maintenance and operation of safety devices, safeguards and other means or methods of protection, which must be as nearly uniform as practicable, as may be necessary to carry out all laws and lawful orders relative to the protection of the lives, safety and health of employees.
(c) Adopt such reasonable standards for the construction, repair and maintenance of places of employment as render those places safe and healthful.
(d) Require the performance of any other act which the protection of the lives, safety and health in places of employment reasonably demands.
(e) Provide the method and frequency of making investigations, examinations and inspections.
(f) Prepare, provide and regulate forms of notices, publications and blank forms deemed proper and advisable to carry out the provisions of this chapter [,] and to charge to employers the printing costs for those publications.
(g) Furnish blank forms upon request.
(h) Provide for adequate notice to each employer or employee of his right to administrative review of any action or decision of the division as set forth in NRS 618.475 and 618.605 and to judicial review.
(i) Consult with the health division of the department of human resources with respect to occupational health matters in chapter 617 of NRS.
(j) Appoint and fix the compensation of advisers who shall assist the division in establishing standards of safety and health. The division may adopt and incorporate in its general orders such safety and health recommendations as it may receive from advisers.