Nev. Admin. Code § 459.994 - Underground storage tanks: Testing for tightness

Current through March 28, 2022

1. Except as otherwise provided in this section, each owner or operator of an underground storage tank shall provide a method, or combination of methods, of release detection in accordance with 40 C.F.R. §§ 280.40 to 280.45, inclusive.
2. Tightness testing conducted pursuant to 40 C.F.R. §§ 280.43(c) and 280.44(b) must be performed by a contractor certified by the Division.

The owner or operator shall retain a certificate from the person performing the test showing that the test has been performed. The certificate must be made on a form approved by the Division.

3. Except as otherwise provided in this subsection, tightness testing must be conducted on an abandoned underground storage tank in accordance with 40 C.F.R. §§ 280.43(c) and 280.44(b) before it is returned to service. If tightness testing on the abandoned underground storage tank will cause a threat to human health or the environment, as determined by the Division, the Division may waive the test or require any other method of testing in accordance with the provisions of 40 C.F.R. §§ 280.43(i) and 280.44(c). The allocation of costs pursuant to NRS 445C.370 or 445C.380 will be applied if there is a discharge from the storage tank.
4. Tightness testing is not required before an underground storage tank is permanently closed pursuant to 40 C.F.R. § 280.71(b) if the Division:
(a) Has no record of the storage tank being installed, operated or closed; and
(b) Is unable to locate the owner of the storage tank.
5. Tightness testing must be conducted on an underground storage tank that has been temporarily closed for 12 months or more in accordance with 40 C.F.R. §§ 280.43(c) and 280.44(b) before it is returned to service unless:
(a) The underground storage tank is monitored monthly for releases in accordance with a method specified in 40 C.F.R. §§ 280.41(a)(1) and 280.44(c); or
(b) The Division requires interstitial monitoring of the secondary containment of the underground storage tank in accordance with 40 C.F.R. §§ 280.41(a)(2) and 280.41(b)(2).
6. As used in subsection 3, "abandoned underground storage tank" means an underground storage tank that:
(a) Is not maintained and whose owner or operator has not provided the Division with a written statement of his or her intention to close the storage tank; or
(b) Is not in service and does not comply with 40 C.F.R. § 280.70 or 280.71.


Nev. Admin. Code § 459.994
Added to NAC by Environmental Comm'n, eff. 6-11-90; A 3-26-92; 1-23-96; R083-05, 10-31-2005; A by R106-16A, eff. 11/2/2016
NRS 459.826, 459.830

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