Senate Bill No. 266

Senate Bill No. 266-Senators Titus and Wiener

CHAPTER

401

AN ACT relating to hazardous materials; revising provisions governing highly hazardous substances; prohibiting certain acts relating to the regulation of hazardous materials; authorizing a program to prevent and minimize the consequences of the accidental release of hazardous substances; providing a penalty; and providing other matters properly relating thereto.

[Approved July 11, 1997]

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

Section 1. Chapter 459 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2. 1. Except as otherwise provided in this section and NRS 459.3814, the provisions of NRS 459.380 to 459.3874, inclusive, and this section apply to a regulated facility that produces, uses, stores or handles a highly hazardous substance in a quantity:
(a) Equal to or greater than the amount set forth in NRS 459.3816; or
(b) Less than the amount set forth in NRS 459.3816 if there are two or more releases from the regulated facility of the same or different highly hazardous substances during any 12-month period and:
(1) The release of the highly hazardous substances is reportable pursuant to 40 C.F.R. Part 302; or
(2) Each quantity released is equal to or greater than a maximum quantity allowable as established by regulation of the state environmental commission.
2. A regulated facility described in paragraph (b) of subsection 1 is exempt from complying with the provisions of NRS 459.380 to 459.3874, inclusive, and this section if:
(a) The division determines that the regulated facility has:
(1) Carried out the detailed plan to abate hazards recommended pursuant to subsection 8 of NRS 459.3852; and
(2) Complied with such other provisions of NRS 459.380 to 459.3874, inclusive, and this section, and the regulations adopted pursuant thereto, as the division requires; and
(b) The regulated facility obtains an exemption from the state environmental commission. The state environmental commission shall adopt by regulation the procedures for obtaining such an exemption.
3. As used in this section, "highly hazardous substance" means any substance designated as such in NRS 459.3816 or any regulations adopted pursuant thereto.
Sec. 3. 1. The state department of conservation and natural resources may, in accordance with the authority granted to it pursuant to NRS 445B.205, apply for and accept any delegation of authority and any grant of money from the Federal Government for the purpose of establishing and carrying out a program to prevent and minimize the consequences of the accidental release of hazardous substances in accordance with the provisions of 42 U.S.C. § 7412(r).
2. The state environmental commission may adopt such regulations as it determines are necessary to establish and carry out such a program. The regulations must:
(a) Establish a list of hazardous substances and the quantities thereof that will be regulated pursuant to the program.
(b) Provide that the provisions of NRS 459.3824, 459.3826 and 459.3828 apply to all facilities regulated pursuant to the program.
(c) Provide that a person who violates any such regulation or the provisions of NRS 459.3824, 459.3826 or 459.3828 is, in addition to any penalty that may apply pursuant to section 4 of this act, subject to a civil administrative penalty not to exceed $10,000 per day of the violation, and that each day on which the violation continues constitutes a separate and distinct violation. Any penalty imposed pursuant to this paragraph may be recovered with costs in a summary proceeding by the attorney general.
3. The division of environmental protection of the state department of conservation and natural resources:
(a) Shall carry out and enforce the provisions of the program.
(b) May enter into cooperative agreements with other agencies of this state for the enforcement of specific provisions of the program.
4. The division of environmental protection of the state department of conservation and natural resources may compromise and settle any claim for any penalty under this section in such amount in the discretion of the division as may appear appropriate and equitable under all of the circumstances, including the posting of a performance bond by the violator. If a violator is subject to the imposition of more than one civil administrative penalty for the same violation, the division shall compromise and settle the claim for the penalty under this section in such amount as to avoid the duplication of penalties.
5. If a person violates any regulation adopted pursuant to subsection 2, or the provisions of NRS 459.3824, 459.3826 or 459.3828, the division of environmental protection of the state department of conservation and natural resources may institute a civil action in a court of competent jurisdiction for injunctive or any other appropriate relief to prohibit and prevent the violation and the court may proceed in the action in a summary manner.
Sec. 4. 1. A person subject to the regulations adopted by the state department of conservation and natural resources pursuant to section 3 of this act shall not knowingly:
(a) Violate any such regulation or the provisions of NRS 459.3824, 459.3826 or 459.3828;
(b) Make any false material statement, representation or certification in any required form, notice or report; or
(c) Render inaccurate any required monitoring device or method.
2. A person who violates subsection 1 shall be punished by a fine of not more than $10,000 per day of the violation, and each day on which the violation continues constitutes a separate and distinct violation.
Sec. 5. NRS 459.3808 is hereby amended to read as follows:
459.3808 "Hazard" means a characteristic of a:
1. Highly hazardous substance designated as such in NRS 459.3816 [;] or any regulations adopted pursuant thereto;
2. System involving the use of such a highly hazardous substance;
3. Manufacturing plant using or producing a highly hazardous substance; or
4. Process relating to a highly hazardous substance,
which makes possible a chemical accident.
Sec. 6. NRS 459.3814 is hereby amended to read as follows:
459.3814 The provisions of NRS 459.380 to 459.3874, inclusive, and section 2 of this act do not apply to:
1. The transportation of any hazardous substances within or through this state which is regulated by the state or the United States Department of Transportation.
2. Any final use of anhydrous ammonia for an agricultural purpose, including storage of the substance on the premises of a farm.
3. Activities which are regulated pursuant to both 30 U.S.C. §§ 801 et seq. and 42 U.S.C. [§§ 7401 et seq.] § 7412(r).
Sec. 7. NRS 459.3816 is hereby amended to read as follows:
459.3816 1. The following substances are designated as highly hazardous, if present in the quantity designated after each substance or a greater quantity:
Number Assigned
by Chemical Quantity
Chemical Name of Substance Abstract Service (In pounds)

Acetaldehyde 75-07-0 2500
Acrolein (2-Propenal) 107-02-8 150
[Acrytyl] Acrylyl 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] 105-64-6 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] 60-34-4 100
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 ; N² O⁴ ; N² O³ ) 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;] or greater by weight of sulfur trioxide; also called Fuming Sulfuric Acid) [8014-94-7] 8014-95-7 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] 627-13-4 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
Titanium Tetrachloride 7550-45-0 2500
Trichloro(chloromethyl) Silane 1558-25-4 100
Trichloro(dichlorophenyl) Silane [21737-85-5] 27137-85-5 2500
Trichlorosilane 10025-78-2 5000
Trifluorochloroethylene 79-38-9 10000
Trimethyoxysilane 2487-90-3 1500

2. The division, in consultation with the health districts created pursuant to NRS 439.370, the health division of the department of human resources and the division of industrial relations of the department of business and industry , shall regularly examine the sources of information available to it with regard to potentially highly hazardous substances. The division shall, by regulation, add to 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. 8. NRS 459.3846 is hereby amended to read as follows:
459.3846 1. The person who conducted the assessment shall prepare and provide to the division and the facility a written report of assessment of the risk through analysis of the hazard, which must use as its standard the best available technology for control and must include findings, conclusions and recommendations.
2. The report must be written in a format that will permit its publication. To the extent that any portion of the report requires discussion of trade secrets, that information must be contained in a severable addendum to the report. In writing the report, the person who conducted the assessment shall, while protecting trade secrets, include in the publishable portion of the report sufficient information, in clear and comprehensible nontechnical language, to enable a member of the public to understand the significance of the report's findings, conclusions and recommendations.
3. A plan or report required pursuant to 42 U.S.C. § 7412(r), or any regulations adopted pursuant thereto, that is substantially equivalent to the report required pursuant to subsections 1 and 2 shall be deemed to satisfy the requirements of subsections 1 and 2.
4. A trade secret is entitled to protection under this section only if:
(a) The registrant of the facility has not disclosed the information to any other person, other than a member of a local emergency planning committee, an officer or employee of the United States or a state or local government, an employee of such a person, or a person who is bound by an agreement of confidentiality, and the registrant has taken reasonable measures to protect the confidentiality of the information and intends to continue to take such measures;
(b) The information is not required to be disclosed, or otherwise made available, to the public under any other federal or state law;
(c) Disclosure of the information is likely to cause substantial harm to the competitive position of the registrant; and
(d) The chemical identity of a substance, if that is the trade secret, is not readily discoverable through analysis of the product containing it or scientific knowledge of how such a product must be made.
Sec. 9. 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. 10. 1. This section and sections 1, 2 and 7 of this act become effective upon passage and approval.
2. Sections 3 to 6, inclusive, 8 and 9 of this act become effective on October 1, 1997.

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