2-18 459.380 to 459.3874, inclusive, are to:

2-19 1. Protect the health, safety and general welfare of the residents of this

2-20 state from the effects of the improper handling of hazardous chemicals or

2-21 explosives at the point where [they] :

2-22 (a) The chemicals are produced, used or stored in this state; or

2-23 (b) The explosives are manufactured for sale in this state;

2-24 2. Ensure that the employees of this state who are required to work

2-25 with hazardous chemicals or explosives are guaranteed a safe and healthful

2-26 working environment;

2-27 3. Protect the natural resources of this state by preventing and

2-28 mitigating accidental or unexpected releases of hazardous chemicals into

2-29 the environment; and

2-30 4. Ensure the safe and adequate handling of [hazardous] :

2-31 (a) Hazardous chemicals that are produced, used, stored or handled in

2-36 sections 2 and 3 of this act, unless the context otherwise requires, the

2-37 words and terms defined in NRS 459.3804 to 459.3812, inclusive, and

2-41 1. Highly hazardous substance designated as such in NRS 459.3816 or

2-42 any regulations adopted pursuant thereto;

3-8 contiguous area where [highly] :

3-9 1. Highly hazardous substances are produced, used, stored or handled

3-10 [.] ; or

3-14 1. A highly hazardous substance that is produced, used, stored or

3-19 459.3814, the provisions of NRS 459.380 to 459.3874, inclusive, and this

3-20 section , and sections 2 and 3 of this act, apply to a regulated facility that

3-21 [produces,] :

3-22 (a) Produces, uses, stores or handles a highly hazardous substance in a

3-23 quantity:

3-24 [(a)] (1) Equal to or greater than the amount set forth in NRS 459.3816;

3-25 or

3-26 [(b)] (2) Less than the amount set forth in NRS 459.3816 if there are

3-27 two or more releases from the regulated facility of the same or different

3-28 highly hazardous substances during any 12-month period and:

3-29 [(1)] (I) The release of the highly hazardous substances is reportable

3-30 pursuant to 40 C.F.R. Part 302; or

3-31 [(2)] (II) Each quantity released is equal to or greater than a

3-32 maximum quantity allowable as established by regulation of the state

3-33 environmental commission [.] ; or

3-34 (b) Manufactures explosives for sale.

3-35 2. A regulated facility described in [paragraph (b)] subparagraph (2)

3-36 of paragraph (a) of subsection 1 is exempt from complying with the

3-37 provisions of NRS 459.380 to 459.3874, inclusive, and this section , and

3-38 sections 2 and 3 of this act, if:

3-39 (a) The division determines that the regulated facility has:

3-40 (1) Carried out the detailed plan to abate hazards recommended

4-12 division an annual fee based on the fiscal year. The annual fee for each

4-13 facility is the sum of a base fee set by the state environmental commission

4-14 and any additional fee imposed by the commission pursuant to subsection

4-15 2. The annual fee must be prorated and may not be refunded.

4-16 2. The state environmental commission may impose an additional fee

4-17 upon the owner of a regulated facility in an amount determined by the

4-18 commission to be necessary to enable the division to carry out its duties

4-19 pursuant to NRS 459.380 to 459.3874, inclusive. The additional fee must

4-20 be based on a graduated schedule adopted by the commission which takes

4-21 into consideration the quantity of hazardous substances or explosives

4-22 located at each facility.

4-23 3. After the payment of the initial annual fee, the division shall send the

4-24 owner of a regulated facility a bill in July for the annual fee for the fiscal

4-25 year then beginning which is based on the applicable reports for the

4-26 preceding year.

4-27 4. The owner of a regulated facility shall submit, with any payment

4-28 required by this section, the number assigned by the department of taxation,

4-29 for the imposition and collection of taxes pursuant to chapter 364A of NRS,

4-30 to the business for which the payment is made.

4-31 5. All fees collected pursuant to this section and any interest earned

4-32 thereon must be deposited with the state treasurer for credit to the fund for

4-33 precaution against chemical accidents, which is hereby created as a special

4-37 within 10 days after the opening of the facility, tender the base fee and any

4-38 additional fee imposed by the state environmental commission of the state

4-39 department of conservation and natural resources pursuant to NRS

4-40 459.3824 for the first fiscal year with the form for registration of the

4-41 facility.

4-42 2. Each owner or operator of a regulated facility registering a new

5-5 registration to be completed by the owner or operator of each facility in the

5-6 state which at any time [produces,] :

5-7 (a) Produces, uses, stores or handles any highly hazardous substance in

5-8 the quantity required to make it hazardous, or more [.] ; or

5-9 (b) Manufactures any explosive for sale.

5-10 2. This form must provide, in addition to any other information that

5-11 may be required by the division:

5-12 (a) A list of the highly hazardous substances produced, used, stored or

5-13 handled at the facility and the quantity of each, which must identify whether

5-14 those substances are end products, intermediate products, by-products or

5-15 waste products [;

5-16 (b) A] , if the facility produces, uses, stores or handles highly

5-17 hazardous substances;

5-18 (b) A list of the explosives manufactured for sale at the facility and the

5-19 quantity of each, if the facility manufactures explosives for sale;

5-20 (c) A general description of the process and principal equipment

5-21 involved in the management of the substances [;

5-22 (c)] or explosives;

5-23 (d) A description of the area in which the facility is situated, including

5-24 its proximity to population and water supplies;

5-25 [(d)] (e) The extent to which the hazards of the facility have been

5-26 identified, evaluated and abated, and the expert knowledge and affiliation

5-27 of the evaluators and any direct or indirect relationship between the

5-28 evaluators and the owner or operator of the facility; and

5-29 [(e)] (f) The name or names of all insurance carriers underwriting the

5-30 environmental liability of the facility and the scope of these policies,

5-31 including any limitations and exclusions.

5-32 [2. Within 90 days after a substance is added to the list of highly

5-33 hazardous substances and within 10 days after a listed substance is newly

5-34 introduced into a facility, the]

5-35 3. The owner or operator of the facility shall file with the division the

5-36 registration form developed and issued by the division and the report on

5-37 safety of the facility required by NRS 459.383 [.] :

5-38 (a) Not later than 90 days after a substance is added to the list of

5-39 highly hazardous substances, if the facility produces, uses, stores or

5-40 handles highly hazardous substances;

5-41 (b) Not later than 90 days after an explosive is added to the list of

5-42 explosives that are manufactured for sale at the facility, if the facility

6-8 act, the owner or operator of a facility shall submit the facility to an

6-9 assessment of risks through analysis of hazards at least every 5 years. The

6-10 assessment must be conducted by a person or persons who possess the

6-11 qualifications required pursuant to NRS 459.3842 and are selected by the

6-12 owner or operator with the approval of the division.

6-13 2. In addition to other duties deemed necessary by the owner or

6-14 operator or the division, the person conducting the assessment shall confirm

6-15 the accuracy of the facility’s current registration and report on safety.

6-16 3. The person conducting the assessment shall, at the conclusion of the

6-17 assessment, issue a report of findings, conclusions and recommendations.

6-18 One executed original of this report must be sent by the consultant directly

6-22 60 days after being notified by the division of the schedule established for

6-23 the facility pursuant to NRS 459.3838,] before submitting the facility to an

6-24 assessment of risks through analysis of hazards, designate a person or

6-25 persons who are capable of performing an assessment of risks through

6-26 analysis of hazards on its facility.

6-27 2. If any personnel of a regulated facility possess the necessary

6-28 qualifications to conduct the assessment, the owner or operator of that

6-29 facility may designate any of those persons to conduct the assessment.

6-30 3. Each person designated to conduct the assessment shall present

6-31 appropriate documentation demonstrating his ability to perform the

6-32 assessment. The documentation must include:

6-33 (a) The person’s qualifications in:

6-34 (1) Engineering related to chemical processes;

6-35 (2) Engineering related to safety;

6-36 (3) Preparation of operating procedures;

6-37 (4) Preparation or review of procedures for maintenance;

6-38 (5) Preparation or review of procedures for safety;

6-39 (6) Preparation or review of programs to train operators;

6-40 (7) Performance or review of investigations of accidents;

6-41 (8) Performance of analyses of hazards;

6-42 (9) Performance of risk assessments of risk;

8-3 must include, without limitation:

8-4 1. The nature and magnitude of any hazard at the regulated facility;

8-5 2. The likelihood of a chemical accident resulting from the hazard at

8-6 the regulated facility;

8-7 3. The circumstances that would result in a discharge of a highly

8-8 hazardous substance or explosive at the regulated facility;

8-9 4. The effectiveness of the systems and procedures for safety at the

8-10 regulated facility and for the control of any hazards; and

8-11 5. Any other information which is relevant for the purposes of the

8-15 assessment must include, without limitation, the following information if

8-16 applicable to the facility:

8-17 1. Alternative processes, procedures or equipment which [might] may

8-18 reduce the risk of a release of a highly hazardous substance or a discharge

8-19 of an explosive at the regulated facility while yielding the same or

8-20 commensurate results;

8-21 2. The [need] requirement for :

8-22 (a) A change in a process;

8-23 [3. The need for a]

8-24 (b) A chemical substitution or change;

8-25 [4. The need for]

8-26 (c) Any additional safety equipment;

8-27 [5. The need for a mitigation system;

8-28 6. The need for]

8-29 (d) A mitigation system;

8-30 (e) Any additional preventive maintenance or responses at the regulated

8-31 facility to emergencies, to safeguard against a hazard;

8-32 [7. The need for] and

8-33 (f) Any additional planning near the regulated facility to meet

8-34 emergencies;

8-35 [8.] 3. A detailed plan to abate hazards suitable for adoption as an

8-36 accident reduction plan to reduce accidents; and

8-37 [9.] 4. Any other information which is relevant for the purposes of the

8-41 459.380 to 459.386, inclusive, or 459.387, or section 3 of this act, or any

8-42 regulation or order adopted or issued pursuant thereto, the division may

9-29 Category of Offense Penalty in U.S. Dollars

9-30 A. Failure to register a new or existing regulated

9-31 facility: $25,000 plus $2,000 per day

9-32 from the due date

9-33 B. Failure to pay [annual fee:] the fee required

9-34 pursuant to NRS 459.3824: 75 percent of the fee

9-35 C. Failure to submit a safety report: $10,000 plus $1,000 per day

9-36 from the due date

9-37 D. Failure to conduct an assessment of risk

9-38 through analysis of hazards pursuant to the

9-39 conditions set forth in NRS 459.3844: $25,000

11-3 system.

11-4 1. Within 60 days after receiving a completed form for registration and

11-5 the annual fee from the owner or operator of a facility, the division shall

11-6 establish for that facility a schedule for the assessment of risks through the

11-7 analysis of hazards which is based on a priority system that is established

11-8 considering the volume of hazardous substances at the facility and the

11-9 population potentially affected by those substances.

11-10 2. The state environmental commission of the state department of

11-11 conservation and natural resources shall adopt regulations for the

11-12 establishment of a priority system.