Nev. Admin. Code § 459.95488 - Grant of exemption from C.A.P.P.: Procedure; considerations
1. In order to be granted an exemption by the
State Environmental Commission from C.A.P.P., the owner or operator of a
facility with a process that is subject to C.A.P.P. pursuant to subparagraph
(2) of paragraph (a) of subsection 1 of NAC 459.95323 must submit:
(a) A written letter to the Division
requesting exemption from C.A.P.P.; and
2. Not later than 60 calendar days
after the Division receives the information submitted to it pursuant to
subsection 1, the Division shall verify compliance with paragraphs (a), (b) and
(c) of subsection 1 of NAC 459.95486.
3. Not later than 90 calendar days after the
Division receives the information submitted to it pursuant to subsection 1, the
Division shall:
(a) Document its findings
concerning the verification made pursuant to subsection 2; and
(b) Notify the owner or operator in writing
of the findings made pursuant to paragraph (a).
4. Once the owner or operator has received
notice that the Division has verified compliance with paragraphs (a), (b) and
(c) of subsection 1 of NAC 459.95486, he or she may petition the State
Environmental Commission to become exempt from C.A.P.P. by filing with the
Secretary of the State Environmental Commission:
(a) A letter requesting exemption from
C.A.P.P.; and
(b) A copy of the
findings of the Division made pursuant to subsection 3.
5. Upon receiving the letter and findings
from an owner or operator pursuant to subsection 4, the Secretary of the State
Environmental Commission shall:
(a) Schedule a
review of the petition at the next meeting of the State Environmental
Commission; and
(b) Notify the
public by publication and the use of public service announcements of the
petition.
6. At the
hearing, the State Environmental Commission will consider the following to
determine whether it will grant the petition:
(a) Whether the causes of any releases have
been adequately mitigated to prevent future releases;
(b) Whether the facility has an adequate
program in place to maintain the accident prevention program established
pursuant to C.A.P.P.;
(c) Whether
the Division believes that the exemption should be granted; and
(d) Whether the facility has had an
accidental release since becoming subject to C.A.P.P.
7. If the State Environmental Commission:
(a) Grants the exemption, the exemption will
become effective on the day following the hearing.
(b) Does not grant the exemption, the
Commission will provide the owner or operator with an explanation of the reason
the Commission denied the exemption.
8. The owner or operator may reapply for the
exemption at any time.
Notes
NRS 459.3813, 459.3818, 459.3832
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.