SB67

Senate Bill No. 67–Committee on Judiciary

(On Behalf of Subcommittee on Industrial Explosions)

February 7, 2003

____________

Referred to Committee on Natural Resources

SUMMARY—Makes various changes to provisions governing regulation of highly hazardous substances and explosives. (BDR 40‑297)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State: Yes.

EXPLANATION – Matter in bolded italics is new; matter between brackets [~~omitted material]~~ is material to be omitted.

Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to hazardous materials; revising the provisions relating to the regulation of facilities and the disclosure of records and information of facilities involved in the use, production, storage or handling of highly hazardous substances or in the manufacture of explosives; requiring the State Environmental Commission to adopt certain regulations concerning such facilities; providing penalties; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 459.3802 is hereby amended to read as

1-2 follows:

1-3 459.3802 As used in NRS 459.380 to 459.3874, inclusive,

1-4 unless the context otherwise requires, the words and terms defined

1-5 in NRS [459.3804] 459.3806 to 459.38125, inclusive, have the

1-6 meanings ascribed to them in those sections.

1-7 Sec. 2. NRS 459.3809 is hereby amended to read as follows:

1-8 459.3809 “Process” means:

1-9 1. Any activity that involves a highly hazardous substance

1-10 listed in NRS 459.3816 [or in a regulation of the Division adopted

2-1 pursuant to NRS 459.3833,] or any regulations adopted pursuant

2-2 thereto, and includes, without limitation, the use, storage,

2-3 manufacture, handling or on-site movement of the substance, or any

2-4 combination thereof.

2-5 2. A group of vessels that are used in connection with such an

2-6 activity, including vessels that are:

2-7 (a) Interconnected; or

2-8 (b) Separate, but located in such a manner which makes possible

2-9 the release of a substance.

2-10 Sec. 3. NRS 459.381 is hereby amended to read as follows:

2-11 459.381 [“Regulated facility”] “Facility” means a building,

2-12 equipment and contiguous area where:

2-13 1. Highly hazardous substances are produced, used, stored or

2-14 handled; or

2-15 2. Explosives are manufactured for sale.

2-16 Sec. 4. NRS 459.3813 is hereby amended to read as follows:

2-17 459.3813 1. Except as otherwise provided in this section and

2-18 NRS 459.3814, the provisions of NRS 459.380 to 459.3874,

2-19 inclusive, and any regulations adopted pursuant thereto, apply to a

2-20 [regulated] facility that:

2-21 (a) Produces, uses, stores or handles a highly hazardous

2-22 substance in a quantity:

2-23 (1) Equal to or greater than the amount set forth in NRS

2-24 459.3816; or

2-25 (2) Less than the amount set forth in NRS 459.3816 if there

2-26 are two or more releases from the [regulated] facility of the same or

2-27 different highly hazardous substances during any 12-month period

2-28 and:

2-29 (I) The release of the highly hazardous substances is

2-30 reportable pursuant to 40 C.F.R. Part 302; or

2-31 (II) Each quantity released is equal to or greater than a

2-32 maximum quantity allowable as established by regulation of the

2-33 State Environmental Commission; or

2-34 (b) Manufactures explosives for sale.

2-35 2. A [regulated] facility described in subparagraph (2) of

2-36 paragraph (a) of subsection 1 is exempt from complying with the

2-37 provisions of NRS 459.380 to 459.3874, inclusive, and any

2-38 regulations adopted pursuant thereto, if:

2-39 (a) The Division determines that the [regulated] facility has[:

2-40 (1) Carried out the detailed plan to abate hazards

2-41 recommended pursuant to subsection 3 of NRS 459.3852; and

2-42 (2) Complied with such other] complied with such

2-43 provisions of NRS 459.380 to 459.3874, inclusive, and the

2-44 regulations adopted pursuant thereto, as the Division requires; and

3-1 (b) The [regulated] facility obtains an exemption from the State

3-2 Environmental Commission. The State Environmental Commission

3-3 shall adopt by regulation the procedures for obtaining such an

3-4 exemption.

3-5 3. As used in this section, “highly hazardous substance” means

3-6 any substance designated as such in NRS 459.3816 or any

3-7 regulations adopted pursuant thereto.

3-8 Sec. 5. NRS 459.3816 is hereby amended to read as follows:

3-9 459.3816 1. The following substances are designated as

3-10 highly hazardous, if present in the quantity designated after each

3-11 substance or a greater quantity:

3-12 Number Assigned

3-13 by Chemical Quantity

3-14 Chemical Name of SubstanceAbstract Service (In pounds)

3-15 Acetaldehyde.............. .. 75-07-0 2500

3-16 Acrolein (2-Propenal)107-02-8 150

3-17 Acrylyl Chloride......... 814-68-6 250

3-18 Allyl Chloride............. 107-05-1 1000

3-19 Allylamine................... 107-11-9 1000

3-20 Alkylaluminums................ None 5000

3-21 Ammonia, Anhydrous7664-41-7 5000

3-22 Ammonia solutions (concentration

3-23 greater than 44% ammonia by

3-24 weight)........................ 7664-41-7 10000

3-25 Ammonium Perchlorate 7790-98-9 7500

3-26 Ammonium Permanganate 7787-36-2 7500

3-27 Arsine (also called Arsenic

3-28 Hydride)...................... 7784-42-1 100

3-29 Bis (Chloromethyl) Ether 542-88-1 100

3-30 Boron Trichloride...... 10294-34-5 2500

3-31 Boron Trifluoride...... 7637-07-2 250

3-32 Bromine...................... 7726-95-6 1500

3-33 Bromine Chloride...... 13863-41-7 1500

3-34 Bromine Pentafluoride 7789-30-2 2500

3-35 Bromine Trifluoride.. 7787-71-5 15000

3-36 3-Bromopropyne (also called

3-37 Propargyl Bromide).... 106-96-7 100

3-38 Butyl Hydroperoxide (Tertiary) 75-91-2 5000

3-39 Butyl Perbenzoate (Tertiary) 614-45-9 7500

3-40 Carbonyl Chloride (see Phosgene) 75-44-5 100

3-41 Carbonyl Fluoride...... 353-50-4 2500

3-42 Cellulose Nitrate (concentration

3-43 greater than 12.6% Nitrogen) 9004-70-0 2500

4-1 Chlorine....................... 7782-50-5 1500

4-2 Chlorine Dioxide........ 10049-04-4 1000

4-3 Chlorine Pentafluoride.................. 13637-63-3 1000

4-4 Chlorine Trifluoride... 7790-91-2 1000

4-5 Chlorodiethylaluminum (also

4-6 called Diethylaluminum Chloride) 96-10-6 5000

4-7 1-Chloro-2,4-Dinitrobenzene 97-00-7 5000

4-8 Chloromethyl Methyl Ether 107-30-2 500

4-9 Chloropicrin.................. 76-06-2 500

4-10 Chloropicrin and Methyl Bromide

4-11 mixture............................... None 1500

4-12 Chloropicrin and Methyl Chloride

4-13 mixture............................... None 1500

4-14 Cumene Hydroperoxide 80-15-9 5000

4-15 Cyanogen.................... 460-19-5 2500

4-16 Cyanogen Chloride..... 506-77-4 500

4-17 Cyanuric Fluoride...... 675-14-9 100

4-18 Diacetyl Peroxide (concentration

4-19 greater than 70%)....... 110-22-5 5000

4-20 Diazomethane............. 334-88-3 500

4-21 Dibenzoyl Peroxide...... 94-36-0 7500

4-22 Diborane..................... 19287-45-7 100

4-23 Dibutyl Peroxide (Tertiary) 110-05-4 5000

4-24 Dichloro Acetylene.... 7572-29-4 250

4-25 Dichlorosilane............ 4109-96-0 2500

4-26 Diethylzinc.................. 557-20-0 10000

4-27 Diisopropyl Peroxydicarbonate 105-64-6 7500

4-28 Dilauroyl Peroxide..... 105-74-8 7500

4-29 Dimethyl Sulfide........... 75-18-3 100

4-30 Dimethyldichlorosilane 75-78-5 1000

4-31 Dimethylhydrazine, 1.1- 57-14-7 1000

4-32 Dimethylamine, Anhydrous 124-40-3 2500

4-33 2, 4 Dinitroaniline........ 97-02-9 5000

4-34 Ethyl Methyl Ketone Peroxide

4-35 (also Methyl Ethyl Ketone

4-36 Peroxide; concentration greater

4-37 than 60%)................... 1338-23-4 5000

4-38 Ethyl Nitrite................ 109-95-5 5000

4-39 Ethylamine.................... 75-04-7 7500

4-40 Ethylene Fluorohydrin...................... 371-62-0 100

4-41 Ethylene Oxide.............. 75-21-8 5000

4-42 Ethyleneimine............. 151-56-4 1000

4-43 Fluorine...................... 7782-41-4 100

5-1 Formaldehyde (concentration 37%

5-2 or greater by weight)..... 50-00-0 1000

5-3 Furan............................ 110-00-9 500

5-4 Hexafluoroacetone...... 684-16-2 5000

5-5 Hydrochloric Acid, Anhydrous 7647-01-0 5000

5-6 Hydrofluoric Acid, Anhydrous 7664-39-3 1000

5-7 Hydrogen Bromide..... 10035-10-6 5000

5-8 Hydrogen Chloride..... 7647-01-0 5000

5-9 Hydrogen Cyanide, Anhydrous 74-90-8 1000

5-10 Hydrogen Fluoride..... 7664-39-3 1000

5-11 Hydrogen Peroxide (concentration

5-12 52% greater by weight) 7722-84-1 7500

5-13 Hydrogen Selenide..... 7783-07-5 150

5-14 Hydrogen Sulfide....... 7783-06-4 1500

5-15 Hydroxylamine........... 7803-49-8 2500

5-16 Iron, Pentacarbonyl-... 13463-40-6 250

5-17 Isopropyl Formate...... 625-55-8 500

5-18 Isopropylamine............. 75-31-0 5000

5-19 Ketene......................... 463-51-4 100

5-20 Methacrylaldehyde........ 78-85-3 1000

5-21 Methacryloyl Chloride...................... 920-46-7 150

5-22 Methacryloyloxyethyl Isocyanate 30674-80-7 100

5-23 Methyl Acrylonitrile... 126-98-7 250

5-24 Methylamine, Anhydrous 74-89-5 1000

5-25 Methyl Bromide............ 74-83-9 2500

5-26 Methyl Chloride............ 74-87-3 15000

5-27 Methyl Chloroformate........................ 79-22-1 500

5-28 Methyl Disulfide......... 624-92-0 100

5-29 Methyl Ethyl Ketone Peroxide

5-30 (also Ethyl Methyl Ketone

5-31 Peroxide; concentration greater

5-32 than 60%)................... 1338-23-4 5000

5-33 Methyl Fluoroacetate. 453-18-9 100

5-34 Methyl Fluorosulfate. 421-20-5 100

5-35 Methyl Hydrazine.......... 60-34-4 100

5-36 Methyl Iodide................ 74-88-4 7500

5-37 Methyl Isocyanate....... 624-83-9 250

5-38 Methyl Mercaptan......... 74-93-1 5000

5-39 Methyl Vinyl Ketone.... 78-94-4 100

5-40 Methyltrichlorosilane... 75-79-6 500

5-41 Nickel Carbonyl (Nickel

5-42 Tetracarbonyl)............ 13463-39-3 150

5-43 Nitric Acid (concentration 94.5%

5-44 or greater by weight).. 7697-37-2 500

5-45 Nitric Oxide................ 10102-43-9 250

6-1 Nitroaniline (para Nitroaniline) 100-01-6 5000

6-2 Nitromethane................. 75-52-5 2500

6-3 Nitrogen Dioxide........ 10102-44-0 250

6-4 Nitrogen Oxides (NO; NO₂; N₂O₄;

6-5 N₂O₃)........................... 10102-44-0 250

6-6 Nitrogen Tetroxide (also called

6-7 Nitrogen Peroxide)..... 10544-72-6 250

6-8 Nitrogen Trifluoride... 7783-54-2 5000

6-9 Nitrogen Trioxide....... 10544-73-7 250

6-10 Oleum (65% or greater by weight

6-11 of sulfur trioxide; also called

6-12 Fuming Sulfuric Acid) 8014-95-7 1000

6-13 Osmium Tetroxide..... 20816-12-0 100

6-14 Oxygen Difluoride (Fluorine

6-15 Monoxide).................. 7783-41-7 100

6-16 Ozone.......................... 10028-15-6 100

6-17 Pentaborane................ 19624-22-7 100

6-18 Peracetic Acid (concentration

6-19 greater than 60% Acetic Acid;

6-20 also called Peroxyacetic Acid) 79-21-0 1000

6-21 Perchloric Acid (concentration

6-22 greater than 60% by weight) 7601-90-3 5000

6-23 Perchloromethyl Mercaptan 594-42-3 150

6-24 Perchloryl Fluoride.... 7616-94-6 5000

6-25 Peroxyacetic Acid (concentration

6-26 greater than 60% Acetic Acid;

6-27 also called Peracetic Acid) 79-21-0 1000

6-28 Phosgene (also called Carbonyl

6-29 Chloride)....................... 75-44-5 100

6-30 Phosphine (Hydrogen Phosphide) 7803-51-2100

6-31 Phosphorus Oxychloride (also

6-32 called Phosphoryl Chloride) 10025-87-3 1000

6-33 Phosphorus Trichloride 7719-12-2 1000

6-34 Phosphoryl Chloride (also called

6-35 Phosphorus

6-36 Oxychloride)............... 10025-87-3 1000

6-37 Propargyl Bromide (also called 3-

6-38 Bromopropyne).......... 106-96-7 100

6-39 Propyl Nitrate............. 627-13-4 100

6-40 Sarin............................ 107-44-8 100

6-41 Selenium Hexafluoride 7783-79-1 1000

6-42 Stibine (Antimony Hydride) 7803-52-3 500

6-43 Sulfur Dioxide (liquid) 7446-09-5 1000

6-44 Sulfur Pentafluoride.. 5714-22-7 250

6-45 Sulfur Tetrafluoride... 7783-60-0 250

7-1 Sulfur Trioxide (also called

7-2 Sulfuric Anhydride).... 7446-11-9 1000

7-3 Sulfuric Anhydride (also called

7-4 Sulfur Trioxide).......... 7446-11-9 1000

7-5 Tellurium Hexafluoride 7783-80-4 250

7-6 Tetrafluoroethylene..... 116-14-3 5000

7-7 Tetrafluorohydrazine.. 10036-47-2 5000

7-8 Tetramethyl Lead........... 75-74-1 1000

7-9 Thionyl Chloride......... 7719-09-7 250

7-10 Titanium Tetrachloride 7550-45-0 2500

7-11 Trichloro (chloromethyl) Silane 1558-25-4 100

7-12 Trichloro (dichlorophenyl) Silane 27137-85-5 2500

7-13 Trichlorosilane........... 10025-78-2 5000

7-14 Trifluorochloroethylene 79-38-9 10000

7-15 Trimethyoxysilane...... 2487-90-3 1500

7-16 2. The Division, in consultation with the health districts created

7-17 pursuant to NRS 439.370, the Health Division of the Department of

7-18 Human Resources and the Division of Industrial Relations of the

7-19 Department of Business and Industry, shall regularly examine the

7-20 sources of information available to it with regard to potentially

7-21 highly hazardous substances. The [Division] State Environmental

7-22 Commission shall, by regulation, add to the list of highly hazardous

7-23 substances any chemical that is identified as being used,

7-24 manufactured, stored, or capable of being produced, at a facility, in

7-25 sufficient quantities at a single site, that its release into the

7-26 environment would produce a significant likelihood that persons

7-27 exposed would suffer death or substantial bodily harm as a

7-28 consequence of the exposure.

7-29 Sec. 6. NRS 459.3818 is hereby amended to read as follows:

7-30 459.3818 1. [The Division] In addition to the regulations

7-31 required to be adopted pursuant to NRS 459.380 to 459.3874,

7-32 inclusive, the State Environmental Commission shall adopt such

7-33 other regulations as are necessary to carry out the purposes and

7-34 enforce the provisions of NRS 459.380 to 459.3874, inclusive. The

7-35 regulations must include, without limitation:

7-36 (a) Specifications for the applicability of the provisions of NRS

7-37 459.380 to 459.3874, inclusive, and any regulations adopted

7-38 pursuant thereto;

7-39 (b) The establishment of a program for the prevention of

7-40 accidental releases of chemicals that satisfies the provisions of the

7-41 chemical process safety standard set forth pursuant to 29 U.S.C.

7-42 § 655;

8-1 (c) Provisions necessary to enable the Division to administer

8-2 and enforce the provisions of NRS 459.380 to 459.3874, inclusive,

8-3 and any regulations adopted pursuant thereto;

8-4 (d) Requirements for the registration of a facility with the

8-5 Division; and

8-6 (e) Provisions to ensure that the public is involved in the

8-7 process of evaluating proposed regulatory actions that may affect

8-8 the public.

8-9 2. The Division shall [make] :

8-10 (a) Administer and enforce the provisions of NRS 459.380 to

8-11 459.3874, inclusive, and any regulations adopted pursuant

8-12 thereto; and

8-13 (b) Make every effort to involve advisory councils on hazardous

8-14 materials, where they exist, the governing bodies of local

8-15 governments and other interested persons in explaining actions

8-16 taken pursuant to those sections and the regulations adopted

8-17 pursuant thereto.

8-18 Sec. 7. NRS 459.3819 is hereby amended to read as follows:

8-19 459.3819 1. The Division shall enter into cooperative

8-20 agreements with state and local agencies to provide inspections of

8-21 [regulated] facilities where explosives are manufactured, or where

8-22 an explosive is used, processed, handled, moved on site or stored in

8-23 relation to its manufacture. The Division shall schedule the

8-24 inspections in such a manner as to provide an opportunity for

8-25 participation by:

8-26 (a) A representative of the fire-fighting agency that exercises

8-27 jurisdiction over the [regulated] facility;

8-28 (b) A representative of the law enforcement agency that

8-29 exercises jurisdiction over the [regulated] facility; and

8-30 (c) Representatives of the Division and any other state agency

8-31 responsible for minimizing risks to persons and property posed by

8-32 such [regulated] facilities.

8-33 2. The owner or operator of such a [regulated] facility shall

8-34 make the facility available for the inspections required by this

8-35 section at such times as are designated by the Division.

8-36 3. Any inspection of a [regulated] facility conducted pursuant

8-37 to this section is in addition to, and not in lieu of, any other

8-38 inspection of the facility required or authorized by state statute or

8-39 regulation, or local ordinance.

8-40 4. Notwithstanding any provision of this section to the

8-41 contrary, the provisions of this section do not apply to the mining

8-42 industry.

8-43 [5. Except as otherwise provided in subsection 6, as used in

8-44 this section, “explosive” means gunpowders, powders used for

8-45 blasting, all forms of high explosives, blasting materials, fuses other

9-1 than electric circuit breakers, detonators and other detonating

9-2 agents, smokeless powders, other explosive or incendiary devices

9-3 and any chemical compound, mechanical mixture or device that

9-4 contains any oxidizing and combustible units, or other ingredients,

9-5 in such proportions, quantities or packing that ignition by fire,

9-6 friction, concussion, percussion, or detonation of the compound,

9-7 mixture or device or any part thereof may cause an explosion.

9-8 6. For the purposes of this section, an explosive does not

9-9 include:

9-10 (a) Ammunition for small arms, or any component thereof;

9-11 (b) Black powder commercially manufactured in quantities that

9-12 do not exceed 50 pounds, percussion caps, safety and pyrotechnic

9-13 fuses, quills, quick and slow matches, and friction primers that are

9-14 intended to be used solely for sporting, recreation or cultural

9-15 purposes:

9-16 (1) In an antique firearm, as that term is defined in 18 U.S.C.

9-17 § 921(a)(16), as that section existed on January 1, 1999; or

9-18 (2) In an antique device which is exempted from the

9-19 definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4),

9-20 as that section existed on January 1, 1999; or

9-21 (c) Any explosive that is manufactured under the regulation of a

9-22 military department of the United States, or that is distributed to, or

9-23 possessed or stored by, the military or naval service or any other

9-24 agency of the United States, or an arsenal, a navy yard, a depot or

9-25 any other establishment owned by or operated on behalf of the

9-26 United States.]

9-27 Sec. 8. NRS 459.382 is hereby amended to read as follows:

9-28 459.382 1. The Health Division of the Department of Human

9-29 Resources, the Division of Industrial Relations of the Department of

9-30 Business and Industry and any other governmental entity or agency

9-31 of the State responsible for minimizing risks to persons and property

9-32 posed by [regulated] facilities and hazardous substances shall

9-33 submit to the Division of Environmental Protection such reports as

9-34 the Division deems necessary to carry out the provisions of NRS

9-35 459.380 to 459.3874, inclusive[.] , and any regulations adopted

9-36 pursuant thereto. The reports must be submitted at such times and

9-37 contain such information as required by the Division.

9-38 2. The [Division] State Environmental Commission shall

9-39 adopt by regulation common reporting forms to be used by such

9-40 governmental entities and agencies when reporting information

9-41 related to hazardous substances and [regulated] facilities.

9-42 3. The Division shall review the rules, regulations, standards,

9-43 codes and safety orders of other governmental entities and agencies

9-44 of the State responsible for minimizing risks to persons and property

9-45 posed by [regulated] facilities and hazardous substances to ensure

10-1 that they are sufficient to carry out the provisions of NRS 459.380 to

10-2 459.3874, inclusive[.] , and any regulations adopted pursuant

10-3 thereto.

10-4 4. If the Division and any other governmental entity or agency

10-5 of the State have coexisting jurisdiction over the regulation of

10-6 [regulated] facilities or hazardous substances located at such

10-7 facilities, the Division has the final authority to take such actions as

10-8 are necessary to carry out the provisions of NRS 459.380 to

10-9 459.3874, inclusive[.] , and any regulations adopted pursuant

10-10 thereto.

10-11 Sec. 9. NRS 459.3822 is hereby amended to read as follows:

10-12 459.3822 1. [Any] The owner or operator of a facility shall,

10-13 upon request, submit any records, reports or other information to

10-14 the Division that the Division deems necessary to administer and

10-15 enforce the provisions of NRS 459.380 to 459.3874, inclusive, and

10-16 any regulations adopted pursuant thereto.

10-17 2. Except as otherwise provided in this section, any records,

10-18 reports or other information obtained pursuant to NRS 459.380 to

10-19 459.3874, inclusive, or any regulation adopted pursuant thereto

10-20 must be made available to the public for inspection and copying. [If

10-21 protection of a trade secret pursuant to NRS 459.3846 requires a

10-22 deletion, the deletion must be limited to that information essential

10-23 for compliance. In the event of deletion, the Division shall substitute

10-24 language generally describing what was deleted, without revealing

10-25 the trade secret, so that the information contained in the record or

10-26 report is comprehensible.

10-27 2.] 3. The Division shall protect the confidentiality of any

10-28 information obtained by the Division, including, without

10-29 limitation, any information obtained through an observation made

10-30 by the Division during a visit to a facility if:

10-31 (a) The owner or operator of the facility from which the

10-32 information was obtained or which was visited requests such

10-33 protection; and

10-34 (b) The information satisfies the conditions for protection as a

10-35 trade secret pursuant to subsection 4.

10-36 4. Information is entitled to protection as a trade secret under

10-37 this section only if:

10-38 (a) The information has not been disclosed to any other

10-39 person, other than a member of a local emergency planning

10-40 committee, an officer or employee of the United States or a state or

10-41 local government, an employee of such a person, or a person who

10-42 is bound by an agreement of confidentiality, and the owner or

10-43 operator of the facility has taken reasonable measures to protect

10-44 the confidentiality of the information and intends to continue to

10-45 take such measures;

11-1 (b) The information is not required to be disclosed, or

11-2 otherwise made available, to the public under any other federal or

11-3 state law;

11-4 (c) Disclosure of the information is likely to cause substantial

11-5 harm to the competitive position of the owner or operator of the

11-6 facility; and

11-7 (d) The chemical identity of a substance, if that is the

11-8 information, is not readily discoverable through analysis of the

11-9 product containing it or scientific knowledge of how such a

11-10 product must be made.

11-11 5. The State Environmental Commission shall adopt

11-12 regulations for the protection of the confidentiality of information

11-13 entitled to protection as a trade secret pursuant to this section.

11-14 6. The person requesting the copy or copies of the public

11-15 records, shall tender or pay to the Division such fee as may be

11-16 prescribed for the service of copying.

11-17 Sec. 10. NRS 459.3824 is hereby amended to read as follows:

11-18 459.3824 1. The owner or operator of a [regulated] facility

11-19 shall pay to the Division an annual fee based on the fiscal year. The

11-20 annual fee for each facility is the sum of a base fee set by the State

11-21 Environmental Commission and any additional fee imposed by the

11-22 Commission pursuant to subsection 2. The annual fee must be

11-23 prorated and may not be refunded.

11-24 2. The State Environmental Commission may impose an

11-25 additional fee upon the owner or operator of a [regulated] facility in

11-26 an amount determined by the Commission to be necessary to enable

11-27 the Division to carry out its duties pursuant to NRS 459.380 to

11-28 459.3874, inclusive[.] , and any regulations adopted pursuant

11-29 thereto. The additional fee must be based on a graduated schedule

11-30 adopted by the Commission which takes into consideration the

11-31 quantity of hazardous substances located at each facility.

11-32 3. After the payment of the initial annual fee, the Division shall

11-33 send the owner or operator of a [regulated] facility a bill in July for

11-34 the annual fee for the fiscal year then beginning which is based on

11-35 the applicable reports for the preceding year.

11-36 4. The State Environmental Commission may modify the

11-37 amount of the annual fee required pursuant to this section and the

11-38 timing for payment of the annual fee:

11-39 (a) To include consideration of any fee paid to the Division for

11-40 a permit to construct a new process or commence operation of a

11-41 new process pursuant to NRS 459.3829; and

11-42 (b) If any regulations adopted pursuant to NRS 459.380 to

11-43 459.3874, inclusive, require such a modification.

11-44 5. The owner or operator of a [regulated] facility shall submit,

11-45 with any payment required by this section, the number assigned by

12-1 the Department of Taxation, for the imposition and collection of

12-2 taxes pursuant to chapter 364A of NRS, to the business for which

12-3 the payment is made.

12-4 [5.] 6. All fees [collected pursuant to this section] and penalties

12-5 collected pursuant to NRS [459.3833, 459.3834 and 459.3874, and

12-6 any interest earned thereon,] 459.380 to 459.3874, inclusive, and

12-7 any regulations adopted pursuant thereto, other than a fine

12-8 collected pursuant to subsection 3 of NRS 459.3834, must be

12-9 deposited with the State Treasurer for credit to the Fund for

12-10 Precaution Against Chemical Accidents, which is hereby created as

12-11 a special revenue fund. All interest earned on the money in the

12-12 Fund must be credited to the Fund.

12-13 Sec. 11. NRS 459.3829 is hereby amended to read as follows:

12-14 459.3829 1. No owner or operator of a [regulated] facility

12-15 may commence construction or operation of any new process that

12-16 will be subject to regulation pursuant to NRS 459.380 to 459.3874,

12-17 inclusive, or any regulation adopted pursuant thereto, unless he

12-18 first obtains all appropriate permits from the Division to construct

12-19 the new process [or] and commence operation of the new process .

12-20 [, or both.] Before issuing any such permits, the Division of

12-21 Environmental Protection shall consult with the Division of

12-22 Industrial Relations of the Department of Business and Industry.

12-23 2. An application for such a permit must be submitted on a

12-24 form prescribed by the Division[.] of Environmental Protection.

12-25 3. The State Environmental Commission shall adopt

12-26 regulations establishing the requirements for the issuance of a

12-27 permit pursuant to this section. [The Division may require the

12-28 applicant to] An applicant shall comply with requirements that [it]

12-29 the State Environmental Commission establishes by regulation for

12-30 the issuance of a permit before [issuing any permits] the applicant

12-31 may receive a permit from the Division for the construction and

12-32 operation of the process.

12-33 4. The Division may charge and collect a fee for the issuance

12-34 of such a permit. [All fees collected pursuant to this section and any

12-35 interest earned thereon must be deposited with the State Treasurer

12-36 for credit to the Fund for Precaution Against Chemical Accidents

12-37 created pursuant to NRS 459.3824.]

12-38 Sec. 12. NRS 459.3832 is hereby amended to read as follows:

12-39 459.3832 1. [All forms for registration, reports on safety and

12-40 reports on the assessment of risk through analysis of hazards must

12-41 contain a certification in one of the following two forms:

12-42 (a) “I certify under penalty of law that the information provided

12-43 in this document is true, accurate and complete. I am aware that

12-44 there are significant civil and criminal penalties for submitting false,

13-1 inaccurate or incomplete information, including fines or

13-2 imprisonment, or both.”

13-3 (b) “I certify under penalty of law that I have personally

13-4 examined and am familiar with the information submitted in this

13-5 document and all attached documents and that based on my inquiry

13-6 of the natural persons immediately responsible for obtaining the

13-7 information, I believe that the submitted information is true,

13-8 accurate and complete. I am aware that there are significant civil

13-9 and criminal penalties for submitting false information, including

13-10 the possibility of fines or imprisonment, or both.”

13-11 2. The] The State Environmental Commission shall adopt

13-12 regulations setting forth:

13-13 (a) The records, reports and information submitted to the

13-14 Division which must contain a certification; and

13-15 (b) The requirements of such certifications.

13-16 2. Each certification must be signed by the sole proprietor of

13-17 the facility, the highest ranking corporate officer or partner at the

13-18 facility, the manager of the facility, or a person designated by any

13-19 one of those persons to sign the certification.

13-20 Sec. 13. NRS 459.3833 is hereby amended to read as follows:

13-21 459.3833 1. The State Department of Conservation and

13-22 Natural Resources may, in accordance with the authority granted to

13-23 it pursuant to NRS 445B.205, apply for and accept any delegation of

13-24 authority and any grant of money from the Federal Government for

13-25 the purpose of establishing and carrying out a program to prevent

13-26 and minimize the consequences of the accidental release of

13-27 hazardous substances in accordance with the provisions of 42

13-28 U.S.C. § 7412(r).

13-29 2. The State Environmental Commission [may adopt such

13-30 regulations as it determines are] shall adopt regulations necessary

13-31 to establish and carry out such a program. [The regulations must:

13-32 (a) Establish a list of hazardous substances and the quantities

13-33 thereof that will be regulated pursuant to the program.

13-34 (b) Provide that the provisions of NRS 459.3824, 459.3826 and

13-35 459.3828 apply to all facilities regulated pursuant to the program.

13-36 (c) Provide that a person who violates any such regulation or the

13-37 provisions of NRS 459.3824, 459.3826 or 459.3828 is, in addition

13-38 to any penalty that may apply pursuant to NRS 459.3834, subject to

13-39 a civil administrative penalty not to exceed $10,000 per day of the

13-40 violation, and that each day on which the violation continues

13-41 constitutes a separate and distinct violation. Any penalty imposed

13-42 pursuant to this paragraph may be recovered with costs in a

13-43 summary proceeding by the Attorney General.

13-44 3. The Division:

13-45 (a) Shall carry out and enforce the provisions of the program.

14-1 (b) May enter into cooperative agreements with other agencies

14-2 of this state for the enforcement of specific provisions of the

14-3 program.

14-4 4. The Division may compromise and settle any claim for any

14-5 penalty under this section in such amount in the discretion of the

14-6 Division as may appear appropriate and equitable under all of the

14-7 circumstances, including the posting of a performance bond by the

14-8 violator. If a violator is subject to the imposition of more than one

14-9 civil administrative penalty for the same violation, the Division shall

14-10 compromise and settle the claim for the penalty under this section in

14-11 such amount as to avoid the duplication of penalties.

14-12 5. If a person violates any regulation adopted pursuant to

14-13 subsection 2, or the provisions of NRS 459.3824, 459.3826 or

14-14 459.3828, the Division may institute a civil action in a court of

14-15 competent jurisdiction for injunctive or any other appropriate relief

14-16 to prohibit and prevent the violation and the court may proceed in

14-17 the action in a summary manner.]

14-18 Sec. 14. NRS 459.3834 is hereby amended to read as follows:

14-19 459.3834 1. A person [subject to the regulations adopted by

14-20 the State Environmental Commission pursuant to NRS 459.3833]

14-21 shall not knowingly:

14-22 (a) Violate any [such regulation or the provisions of NRS

14-23 459.3824, 459.3826 or 459.3828;] provision of NRS 459.380 to

14-24 459.3874, inclusive, or any regulation adopted pursuant thereto;

14-25 (b) Make any false material statement, representation or

14-26 certification in any required form, notice or report; or

14-27 (c) Render inaccurate any required monitoring device or

14-28 method.

14-29 2. [A] Except as otherwise provided in subsection 3, a person

14-30 who violates subsection 1 shall be punished by a fine of not more

14-31 than [$10,000] $25,000 per day of the violation, and each day on

14-32 which the violation continues constitutes a separate and distinct

14-33 violation.

14-34 3. A person who violates subsection 1 in a manner that

14-35 contributes to the substantial bodily harm or death of any person

14-36 is guilty of a category D felony and shall be punished as provided

14-37 in NRS 193.130, or by a fine of not more than $50,000 for each

14-38 day of the violation, or by both fine and the punishment provided

14-39 in NRS 193.130.

14-40 Sec. 15. NRS 459.3866 is hereby amended to read as follows:

14-41 459.3866 1. After giving reasonable notice to the facility it

14-42 oversees and after making arrangements to ensure that the normal

14-43 operations of the facility will not be disrupted, a committee is

14-44 entitled to receive from the facility such records and documents as

14-45 the committee demonstrates are required to carry out its duties. The

15-1 committee is entitled to receive only those records and documents

15-2 which cannot be obtained from the Division.

15-3 2. A committee is entitled to receive from any governmental

15-4 entity or agency records, documents and other materials relevant to

15-5 the committee’s review and evaluation of the facility to carry out its

15-6 duties.

15-7 3. In carrying out its duties a committee and the Attorney

15-8 General may, by subpoena, require the attendance and testimony of

15-9 witnesses and the production of reports, papers, documents and

15-10 other evidence which they deem necessary. Before obtaining such a

15-11 subpoena, the committee or the Attorney General shall request the

15-12 attendance of the witness or the production of the reports, papers,

15-13 documents or other evidence. If the person to whom the request is

15-14 made fails or refuses to attend or produce the reports, documents or

15-15 other evidence, the committee and the Attorney General may obtain

15-16 the subpoena requiring him to do so.

15-17 4. In carrying out its duties, a committee may make informal

15-18 inquiry of persons or entities with knowledge relevant to the

15-19 committee’s review and evaluation of the facility it oversees. Any

15-20 committee which makes such informal inquiries shall advise the

15-21 facility of those inquiries and of the results of the inquiries.

15-22 5. If the owner or operator of a facility claims that the

15-23 disclosure of information to a committee will reveal a trade secret or

15-24 confidential information, the owner or operator must specifically

15-25 identify such information as confidential. When such an

15-26 identification has been made, the [provisions of NRS 459.3846

15-27 apply.] committee shall protect the confidentiality of the trade

15-28 secret or information if the trade secret or information would be

15-29 entitled to protection pursuant to NRS 459.3822.

15-30 6. A committee or its authorized representative may, to carry

15-31 out its duties , enter and inspect the facility overseen, its records and

15-32 other relevant materials. Before such an inspection is made, the

15-33 committee shall provide reasonable notice to the facility. The

15-34 inspection must be conducted in such a manner as to ensure that the

15-35 operations of the facility will not be disrupted.

15-36 7. The Attorney General is counsel and attorney to each

15-37 committee for the purposes of carrying out its duties and powers.

15-38 8. The members of a committee may make public comment

15-39 with regard to their review and evaluation of the facility it oversees.

15-40 At least 24 hours before making any formal comment, the

15-41 committee shall advise the facility of its intention to do so and

15-42 provide the facility with a summary of the comments that will be

15-43 made.

16-1 9. A committee may review and make recommendations to the

16-2 reviewing authority as to any applications for permits to construct,

16-3 substantially alter or operate submitted by a facility which has been

16-4 the subject of the committee’s review and evaluation.

16-5 Sec. 16. NRS 459.387 is hereby amended to read as follows:

16-6 459.387 1. The Division may enter any facility:

16-7 (a) During normal business hours; and

16-8 (b) At any other time if there is probable cause to believe that a

16-9 violation of any of the provisions of NRS 459.380 to 459.3874,

16-10 inclusive, or any regulation adopted pursuant thereto, has

16-11 occurred,

16-12 to verify compliance with the provisions of NRS 459.380 to

16-13 459.3874, inclusive, any regulation adopted pursuant thereto and

16-14 the quality of all work performed pursuant to those sections except

16-15 that the owner or operator of a facility need not employ any

16-16 personnel solely to assure access to the facility by the Division when

16-17 this access would otherwise be impossible.

16-18 2. The [Division shall develop, adopt by regulation and enforce

16-19 a] State Environmental Commission shall adopt regulations

16-20 establishing:

16-21 (a) Requirements for the inspection of a facility; and

16-22 (b) A system of recordkeeping[. The system must:

16-23 (a) Require the owner or operator of each facility registered

16-24 pursuant to NRS 459.3828 to report to the Division on all efforts to

16-25 assess and reduce risks undertaken, all continuing maintenance, all

16-26 unanticipated and unusual events, and any other information the

16-27 Division finds appropriate; and

16-28 (b) Be so designed as to prevent the destruction or alteration of

16-29 information and data contained in those records.

16-30 3. Within 30 days after each anniversary of the date on which

16-31 the plan to reduce accidents was first put into effect, the owner or

16-32 operator of a regulated facility shall file an annual report of

16-33 compliance with the Division. This annual report must include a

16-34 report of progress describing in detail all actions taken to comply

16-35 with the schedule of abatement set forth in the plan, including

16-36 itemization of abatements accomplished and steps taken to

16-37 accomplish abatements in accordance with the schedule. The annual

16-38 report of compliance must be signed and certified as a report on

16-39 safety and must be in a form and be accompanied by documentation

16-40 showing compliance in accordance with the regulations of the

16-41 Division.

16-42 4. Within 30 days after receiving the annual report of

16-43 compliance, the Division shall conduct at the facility a confirmation

16-44 and evaluation of the accuracy of the report and independent

16-45 determination of the status of compliance with the schedule of

17-1 abatement. The Division’s findings must be reduced to writing and

17-2 made available to the public within 60 days after the date of filing of

17-3 the report.] requiring the owner or operator of a facility to record

17-4 the activities of the facility and any other information regarding

17-5 the facility that the State Environmental Commission deems

17-6 necessary.

17-7 Sec. 17. NRS 459.3872 is hereby amended to read as follows:

17-8 459.3872 1. If any person violates any of the provisions of

17-9 NRS 459.380 to [459.386,] 459.3834, inclusive, or 459.387, or any

17-10 regulation or order adopted or issued pursuant thereto, the Division

17-11 may institute a civil action in a court of competent jurisdiction for

17-12 injunctive or any other appropriate relief to prohibit and prevent the

17-13 violation and the court may proceed in the action in a summary

17-14 manner.

17-15 2. Except as otherwise provided in NRS 445C.010 to

17-16 445C.120, inclusive, a person who violates a provision of NRS

17-17 459.380 to [459.386,] 459.3834, inclusive, or 459.387, or any

17-18 regulation or order adopted pursuant thereto is liable to a civil

17-19 administrative penalty as set forth in NRS 459.3874. If the violation

17-20 is of a continuing nature, each day during which it continues

17-21 constitutes an additional, separate and distinct offense. No civil

17-22 administrative penalty may be levied until after notification to the

17-23 violator by certified mail or personal service. The notice must

17-24 include a reference to the section of the statute, regulation, order or

17-25 condition of a permit violated, a concise statement of the facts

17-26 alleged to constitute the violation, a statement of the amount of the

17-27 civil penalties to be imposed, and a statement of the violator’s right

17-28 to a hearing. The violator has 20 days after receipt of the notice

17-29 within which to deliver to the Division a written request for a

17-30 hearing. After the hearing , if requested, and upon a finding that a

17-31 violation has occurred, the Administrator of the Division may issue

17-32 a final order [after assessing] and assess the amount of the fine .

17-33 [specified in the notice.] If no hearing is requested, the notice

17-34 becomes a final order upon the expiration of the 20-day period.

17-35 Payment of the penalty is due when a final order is issued or when

17-36 the notice becomes a final order. The authority to levy a civil

17-37 administrative penalty is in addition to all other provisions for

17-38 enforcement of NRS 459.380 to 459.387, inclusive, and the payment

17-39 of a civil administrative penalty does not affect the availability of

17-40 any other provision for enforcement in connection with the violation

17-41 for which the penalty is levied.

18-1 Sec. 18. NRS 459.3874 is hereby amended to read as follows:

18-2 459.3874 1. The civil administrative penalties are:

18-3 Category of OffensePenalty in U.S. Dollars

18-4 A. Failure to register a new or

18-5 existing [regulated] facility:$25,000 plus $2,000 per day

18-6 from the due date

18-7 B. Failure to pay the fee required

18-8 pursuant to NRS 459.3824:75 percent of the fee

18-9 C. [Failure to submit a safety

18-10 report:...................... $10,000 plus $1,000 per

18-11 day

18-12 from the due date

18-13 D. Failure to conduct an

18-14 assessment of risk through analysis

18-15 of hazards pursuant to the

18-16 conditions set forth in

18-17 NRS 459.3844:.................................. $25,000

18-18 E. Failure to put into effect plan:..... $50,000

18-19 F. Failure to comply with plan to

18-20 reduce accidents and schedule of

18-21 compliance:................................. up to $5,000

18-22 G. Failure to comply with

18-23 approved plan to reduce accidents,

18-24 each requirement:..................... up to $10,000

18-25 H.] Failure to provide information

18-26 requested by the Division:................. $25,000

18-27 [I.] D. Failure to grant access to

18-28 employees or agents of the Division

18-29 for inspections:................................... $25,000

18-30 [J.] E. Failure to provide

18-31 information or grant access to

18-32 employees or agents of the Division

18-33 during an emergency:......................... $50,000

18-34 [K.] F. Falsification of

18-35 information submitted to the

18-36 Division:............... up to $10,000 per incident

18-37 [L.] G. Failure to obtain a permit

18-38 for the construction of a new

18-39 [regulated] facility:............................. $25,000

19-1 H. Failure to comply with a

19-2 regulation adopted pursuant to

19-3 NRS 459.380 to 459.3874,

19-4 inclusive, other than a regulation

19-5 for which a civil administrative

19-6 penalty is set forth in category A to

19-7 G, inclusive:................. .$10,000 per incident

19-8 The civil administrative penalty prescribed in category H may be

19-9 assessed for each regulatory provision that is violated. The civil

19-10 administrative penalty prescribed in category [L] G may be assessed

19-11 against a contractor who is constructing the [regulated] facility only

19-12 if the contractor is contractually responsible for obtaining all

19-13 appropriate permits for the construction of the [regulated] facility

19-14 and the contractor knows or has reason to know the planned use of

19-15 the [regulated] facility.

19-16 2. The Division may compromise and settle any claim for any

19-17 penalty as set forth in this section in such amount in the discretion of

19-18 the Division as may appear appropriate and equitable under all of

19-19 the circumstances, including the posting of a performance bond by

19-20 the violator. If a violator is subject to the imposition of more than

19-21 one civil administrative penalty for the same violation, the Division

19-22 shall compromise and settle the claim for the penalty as set forth in

19-23 this section in such amount as to avoid the duplication of penalties.

19-24 3. No penalty may be imposed pursuant to this section for the

19-25 failure to perform a required act within the time required if the delay

19-26 was caused by a natural disaster or other circumstances which are

19-27 beyond the control of the violator.

19-28 4. Any person who violates any of the provisions of NRS

19-29 459.380 to [459.386,] 459.3834, inclusive, or 459.387, or any

19-30 regulation or order adopted or issued pursuant thereto, or an

19-31 administrative order issued pursuant to subsection 2 of NRS

19-32 459.3872 or a court order issued pursuant to subsection 1 of NRS

19-33 459.3872, or who fails to pay a civil administrative penalty in full is

19-34 subject, upon order of the court, to a civil penalty not to exceed

19-35 $10,000 per day of the violation, and each day’s continuance of the

19-36 violation constitutes a separate and distinct violation. Any penalty

19-37 imposed pursuant to this subsection may be recovered with costs in

19-38 a summary proceeding by the Attorney General.

19-39 Sec. 19. NRS 278.147 is hereby amended to read as follows:

19-40 278.147 1. No person may commence operation in this state

19-41 of a facility where an explosive, or a substance listed in NRS

19-42 459.3816, or the regulations adopted pursuant thereto [or the

19-43 regulations adopted pursuant to NRS 459.3833,] will be used,

20-1 manufactured, processed, transferred or stored without first

20-2 obtaining a conditional use permit therefor from the governing body

20-3 of the city or county in which the facility is to be located. Each

20-4 governing body shall establish by local ordinance, in accordance

20-5 with the provisions of this section, the procedures for obtaining such

20-6 a permit.

20-7 2. An application for a conditional use permit must be filed

20-8 with the planning commission of the city, county or region in which

20-9 the facility is to be located. The planning commission shall, within

20-10 90 days after the filing of an application, hold a public hearing to

20-11 consider the application. The planning commission shall, at least 30

20-12 days before the date of the hearing, cause notice of the time, date,

20-13 place and purpose of the hearing to be:

20-14 (a) Sent by mail to or, if requested by a party to whom notice

20-15 must be provided pursuant to this paragraph, by electronic means if

20-16 receipt of such an electronic notice can be verified, to:

20-17 (1) The applicant;

20-18 (2) Each owner or tenant of real property located within

20-19 1,000 feet of the property in question;

20-20 (3) The owner, as listed on the county assessor’s records, of

20-21 each of the 30 separately owned parcels nearest the property in

20-22 question, to the extent this notice does not duplicate the notice given

20-23 pursuant to subparagraph (2);

20-24 (4) If a mobile home park or multiple-unit residence is

20-25 located within 1,000 feet of the property in question, each tenant of

20-26 that mobile home park or multiple-unit residence;

20-27 (5) Any advisory board that has been established for the

20-28 affected area by the governing body;

20-29 (6) The Administrator of the Division of Environmental

20-30 Protection of the State Department of Conservation and Natural

20-31 Resources;

20-32 (7) The State Fire Marshal; and

20-33 (8) The Administrator of the Division of Industrial Relations

20-34 of the Department of Business and Industry; and

20-35 (b) Published in a newspaper of general circulation within the

20-36 city or county in which the property in question is located.

20-37 3. The notice required by subsection 2 must:

20-38 (a) Be written in language that is easy to understand; and

20-39 (b) Include a physical description or map of the property in

20-40 question and a description of all explosives, and all substances

20-41 described in subsection 1, that will be located at the facility.

20-42 4. In considering the application, the planning commission

20-43 shall:

20-44 (a) Consult with:

20-45 (1) Local emergency planning committees;

21-1 (2) The Administrator of the Division of Environmental

21-2 Protection of the State Department of Conservation and Natural

21-3 Resources;

21-4 (3) The State Fire Marshal;

21-5 (4) The Administrator of the Division of Industrial Relations

21-6 of the Department of Business and Industry; and

21-7 (5) The governing body of any other city or county that may

21-8 be affected by the operation of the facility; and

21-9 (b) Consider fully the effect the facility will have on the health

21-10 and safety of the residents of the city, county or region.

21-11 5. The planning commission shall, within a reasonable time

21-12 after the public hearing, submit to the governing body its

21-13 recommendations for any actions to be taken on the application. If

21-14 the planning commission recommends that a conditional use permit

21-15 be granted to the applicant, it shall include in its recommendations

21-16 such terms and conditions for the operation of the facility as it

21-17 deems necessary for the protection of the health and safety of the

21-18 residents of the city, county or region.

21-19 6. The governing body shall, within 30 days after the receipt of

21-20 the recommendations of the planning commission, hold a public

21-21 hearing to consider the application. The governing body shall:

21-22 (a) Cause notice of the hearing to be given in the manner

21-23 prescribed by subsection 2; and

21-24 (b) Grant or deny the conditional use permit within 30 days after

21-25 the public hearing.

21-26 7. Notwithstanding any provision of this section to the

21-27 contrary, the provisions of this section do not apply to the mining

21-28 industry.

21-29 8. Except as otherwise provided in subsection 9, as used in this

21-30 section, “explosive” means gunpowders, powders used for blasting,

21-31 all forms of high explosives, blasting materials, fuses other than

21-32 electric circuit breakers, detonators and other detonating agents,

21-33 smokeless powders, other explosive or incendiary devices and any

21-34 chemical compound, mechanical mixture or device that contains any

21-35 oxidizing or combustible units, or other ingredients, in such

21-36 proportions, quantities or packing that ignition by fire, friction,

21-37 concussion, percussion or detonation of the compound, mixture,

21-38 device or any part thereof may cause an explosion.

21-39 9. For the purposes of this section, an explosive does not

21-40 include:

21-41 (a) Ammunition for small arms, or any component thereof;

21-42 (b) Black powder commercially manufactured in quantities that

21-43 do not exceed 50 pounds, percussion caps, safety and pyrotechnic

21-44 fuses, quills, quick and slow matches, and friction primers that are

22-1 intended to be used solely for sporting, recreation or cultural

22-2 purposes:

22-3 (1) In an antique firearm, as that term is defined in 18 U.S.C.

22-4 § 921(a)(16), as that section existed on January 1, 1999; or

22-5 (2) In an antique device which is exempted from the

22-6 definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4),

22-7 as that section existed on January 1, 1999; or

22-8 (c) Any explosive that is manufactured under the regulation of a

22-9 military department of the United States, or that is distributed to, or

22-10 possessed or stored by, the military or naval service or any other

22-11 agency of the United States, or an arsenal, a navy yard, a depot or

22-12 any other establishment owned by or operated on behalf of the

22-13 United States.

22-14 Sec. 20. NRS 459.3804, 459.3807, 459.3808, 459.3812,

22-15 459.3826, 459.3828, 459.383, 459.3836, 459.3837, 459.384,

22-16 459.3842, 459.3844, 459.3846, 459.3848, 459.385, 459.3852,

22-17 459.3854, 459.3856, 459.3858 and 459.386 are hereby repealed.

22-18 Sec. 21. Any regulations adopted by the Division of

22-19 Environmental Protection of the State Department of Conservation

22-20 and Natural Resources pursuant to a provision of NRS which was

22-21 amended or repealed by this act remain in force until amended by

22-22 the State Environmental Commission and such regulations may be

22-23 enforced by the State Environmental Commission.

22-24 Sec. 22. 1. This section and section 21 of this act become

22-25 effective upon passage and approval.

22-26 2. Sections 1 to 20, inclusive, of this act become effective upon

22-27 passage and approval for the purpose of adopting regulations and on

22-28 October 1, 2003, for all other purposes.

22-29 LEADLINES OF REPEALED SECTIONS

22-30 459.3804 “Chemical accident” defined.

22-31 459.3807 “Explosive” defined.

22-32 459.3808 “Hazard” defined.

22-33 459.3812 “Risk” defined.

22-34 459.3826 Payment of fees upon opening of new regulated

22-35 facility or registration of new highly hazardous substance or

22-36 explosive.

22-37 459.3828 Form for registration; contents of form; time for

22-38 filing.

22-39 459.383 Report on safety; contents of report; current

22-40 information required.

23-1 459.3836 Periodic assessments required; duties of owner or

23-2 operator of facility and person conducting assessment.

23-3 459.3837 Prerequisites to introduction of new highly

23-4 hazardous substance or explosive into regulated facility.

23-5 459.384 Designation of persons capable of performing

23-6 assessment; documentation of ability to perform assessment.

23-7 459.3842 Description of how assessment will be conducted;

23-8 qualifications of persons conducting assessment.

23-9 459.3844 Approval or rejection of persons designated to

23-10 perform assessment; selection by Division; conditions for

23-11 conducting assessment.

23-12 459.3846 Report of assessment; severable addendum

23-13 containing trade secrets; report required pursuant to federal

23-14 law sufficient; conditions for protection as trade secret.

23-15 459.3848 Contents of findings of person conducting

23-16 assessment.

23-17 459.385 Contents of conclusions of person conducting

23-18 assessment.

23-19 459.3852 Contents of recommendations of person

23-20 conducting assessment.

23-21 459.3854 Notice of receipt of report of assessment;

23-22 modifications to plan to abate hazards; effective date of plan.

23-23 459.3856 Contents of proposed modifications to plan to

23-24 abate hazards; dissemination of proposed modifications.

23-25 459.3858 Hearing on proposed modifications to plan to

23-26 abate hazards; notice; record of proceeding.

23-27 459.386 Issuance of decision of Division; notice of decision;

23-28 effective date of plan to reduce accidents; inspection of facility

23-29 to verify compliance with plan and schedule of abatement.

23-30 H