SB127

S.B. 127

Senate Bill No. 127–Committee on Commerce and Labor

(On Behalf of Subcommittee on Industrial Explosives)

February 13, 2003

____________

Referred to Committee on Natural Resources

SUMMARY—Makes various changes to provisions governing hazardous materials. (BDR 40‑296)

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; authorizing the Division of Environmental Protection of the State Department of Conservation and Natural Resources to investigate certain accidents at regulated facilities; providing for the recovery by the Division of its costs incurred in conducting such an investigation; deleting the statutory list of highly hazardous substances; requiring the State Environmental Commission to adopt regulations designating a list of highly hazardous substances and designating specific materials that are subject to regulation as explosives; authorizing the Administrator of the Division to issue certain orders; and providing other matters properly relating thereto.

Whereas, The mission of the Division of Environmental Protection of the State Department of Conservation and Natural Resources includes the protection and enhancement of the environment of the State of Nevada consistent with the public health; and

Whereas, The Division of Environmental Protection of the State Department of Conservation and Natural Resources is responsible for administering the chemical accident prevention program for the State of Nevada; and

Whereas, The purposes of the chemical accident prevention program include protecting the health, safety and general welfare of the residents of this state from the effects of the improper handling of hazardous chemicals and explosives, ensuring that employees who work with hazardous chemicals or explosives have a safe and healthful working environment, protecting the environment of this state by preventing and mitigating accidental or unexpected releases of hazardous chemicals, and ensuring the safe and adequate handling of hazardous chemicals and explosives in this state; now, therefore,

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. Chapter 459 of NRS is hereby amended by adding

1-2 thereto a new section to read as follows:

1-3 1. The Division may investigate a chemical accident caused

1-4 by a process that involves one or more highly hazardous

1-5 substances at a regulated facility which results in an uncontrolled

1-6 emission, fire or explosion and which presents an imminent and

1-7 substantial danger to the health of the employees of the regulated

1-8 facility, the public health or the environment, to determine the

1-9 cause of the accident. If the Division chooses to conduct such an

1-10 investigation, the owner or operator of the regulated facility shall,

1-11 in a manner consistent with the safety of the employees of the

1-12 Division and the regulated facility, and without placing an undue

1-13 burden on the operation of the regulated facility, cooperate with

1-14 the Division by:

1-15 (a) Allowing the Division:

1-16 (1) To investigate the accident site and directly related

1-17 facilities, including, without limitation, control rooms;

1-18 (2) To examine physical evidence; and

1-19 (3) If practicable, to inspect equipment both externally and

1-20 internally;

1-21 (b) Providing the Division with pertinent documents; and

1-22 (c) Allowing the Division to conduct independent interviews of

1-23 the employees of the regulated facility, subject to all rights of the

1-24 regulated facility and the employees to be represented by legal

1-25 counsel, management representatives and union representatives

1-26 during the interviews.

1-27 2. To the maximum extent feasible, the Division shall

1-28 coordinate any investigation it conducts pursuant to this section

1-29 with investigations conducted by other agencies with jurisdiction

1-30 over the regulated facility to minimize any adverse impact on the

1-31 regulated facility and its employees.

2-1 3. The Division may contract for the services of a technical

2-2 expert in conducting an investigation pursuant to this section and

2-3 may recover its costs for such services from the owner or operator

2-4 of the regulated facility.

2-5 4. If an investigation is conducted by the Division pursuant to

2-6 this section, all costs incurred by the Division in conducting the

2-7 investigation, including, without limitation, the costs of services

2-8 provided pursuant to subsection 3, may be recovered by the

2-9 Division from the owner or operator of the regulated facility at

2-10 which the accident occurred.

2-11 5. The State Environmental Commission may adopt

2-12 regulations setting forth the procedures governing an

2-13 investigation conducted by the Division pursuant to this section

2-14 and the procedures for the recovery by the Division of all costs

2-15 incurred by the Division in conducting the investigation.

2-16 Sec. 2. NRS 459.3802 is hereby amended to read as follows:

2-17 459.3802 As used in NRS 459.380 to 459.3874, inclusive, and

2-18 section 1 of this act, unless the context otherwise requires, the

2-19 words and terms defined in NRS 459.3804 to 459.38125, inclusive,

2-20 have the meanings ascribed to them in those sections.

2-21 Sec. 3. NRS 459.3807 is hereby amended to read as follows:

2-22 459.3807 1. “Explosive” means gunpowders, powders used

2-23 for blasting, all forms of high explosives, blasting materials, fuses

2-24 other than electric circuit breakers, detonators and other detonating

2-25 agents, smokeless powders, other explosive or incendiary devices

2-26 and any chemical compound, mechanical mixture or device that

2-27 contains any oxidizing and combustible units, or other ingredients,

2-28 in such proportions, quantities or packing that ignition by fire,

2-29 friction, concussion, percussion, or detonation of the compound,

2-30 mixture or device or any part thereof may cause an explosion.

2-31 2. The term includes [any] :

2-32 (a) Any mixture of ammonium nitrate and fuel oil[.] ; and

2-33 (b) Any specific material designated pursuant to NRS

2-34 459.3816 as subject to regulation as an explosive.

2-35 3. The term does not include any ammunition, powder,

2-36 percussion caps, fuses, quills, matches, primers or explosive

2-37 materials specified in 18 U.S.C. § 845(a)(4)-(6).

2-38 Sec. 4. NRS 459.3808 is hereby amended to read as follows:

2-39 459.3808 “Hazard” means a characteristic of a:

2-40 1. Highly hazardous substance designated [as such in NRS

2-41 459.3816 or any regulations adopted pursuant thereto;] pursuant to

2-42 NRS 459.3816 if present in a quantity equal to or greater than the

2-43 amount designated pursuant to NRS 459.3816;

2-44 2. System involving the use of such a highly hazardous

2-45 substance;

3-1 3. Manufacturing plant using or producing a highly hazardous

3-2 substance;

3-3 4. Regulated facility that manufactures explosives for sale; or

3-4 5. Process relating to a highly hazardous substance,

3-5 which makes possible a chemical accident or explosion.

3-6 Sec. 5. NRS 459.3809 is hereby amended to read as follows:

3-7 459.3809 “Process” means:

3-8 1. Any activity that involves an explosive, a highly hazardous

3-9 substance [listed in] designated pursuant to NRS 459.3816 if

3-10 present in a quantity equal to or greater than the amount

3-11 designated pursuant to NRS 459.3816, or a hazardous substance

3-12 listed in a regulation of the Division adopted pursuant to NRS

3-13 459.3833, and includes, without limitation, the use, storage,

3-14 manufacture, handling or on-site movement of the substance[,] or

3-15 explosive, or any combination thereof.

3-16 2. A group of vessels that are used in connection with such an

3-17 activity, including vessels that are:

3-18 (a) Interconnected; or

3-19 (b) Separate, but located in such a manner which makes possible

3-20 the release of a substance[.] or explosive.

3-21 Sec. 6. NRS 459.3813 is hereby amended to read as follows:

3-22 459.3813 1. Except as otherwise provided in this section and

3-23 NRS 459.3814, the provisions of NRS 459.380 to 459.3874,

3-24 inclusive, and section 1 of this act apply to a regulated facility that:

3-25 (a) Produces, uses, stores or handles a highly hazardous

3-26 substance in a quantity:

3-27 (1) Equal to or greater than the amount [set forth in]

3-28 designated pursuant to NRS 459.3816; or

3-29 (2) Less than the amount [set forth in] designated pursuant

3-30 to NRS 459.3816 if there are two or more releases from the

3-31 regulated facility of the same or different highly hazardous

3-32 substances during any 12-month period and:

3-33 (I) The release of the highly hazardous substances is

3-34 reportable pursuant to 40 C.F.R. Part 302; or

3-35 (II) Each quantity released is equal to or greater than a

3-36 maximum quantity allowable as established by regulation of the

3-37 State Environmental Commission; or

3-38 (b) Manufactures explosives for sale.

3-39 2. A regulated facility described in subparagraph (2) of

3-40 paragraph (a) of subsection 1 is exempt from complying with the

3-41 provisions of NRS 459.380 to 459.3874, inclusive, and section 1 of

3-42 this act if:

3-43 (a) The Division determines that the regulated facility has:

3-44 (1) Carried out the detailed plan to abate hazards

3-45 recommended pursuant to subsection 3 of NRS 459.3852; and

4-1 (2) Complied with such other provisions of NRS 459.380 to

4-2 459.3874, inclusive, and section 1 of this act and the regulations

4-3 adopted pursuant thereto, as the Division requires; and

4-4 (b) The regulated facility obtains an exemption from the State

4-5 Environmental Commission. The State Environmental Commission

4-6 shall adopt by regulation the procedures for obtaining such an

4-7 exemption.

4-8 3. As used in this section, “highly hazardous substance” means

4-9 any substance designated as such [in NRS 459.3816 or any

4-10 regulations adopted pursuant thereto.] pursuant to NRS 459.3816.

4-11 Sec. 7. NRS 459.3814 is hereby amended to read as follows:

4-12 459.3814 The provisions of NRS 459.380 to 459.3874,

4-13 inclusive, and section 1 of this act do not apply to:

4-14 1. The transportation of any hazardous substances within or

4-15 through this state which is regulated by the State or the United

4-16 States Department of Transportation.

4-17 2. Any final use of anhydrous ammonia for an agricultural

4-18 purpose, including storage of the substance on the premises of a

4-19 farm.

4-20 3. Activities which are regulated pursuant to both 30 U.S.C. §§

4-21 801 et seq. and 42 U.S.C. § 7412(r).

4-22 Sec. 8. NRS 459.3816 is hereby amended to read as follows:

4-23 459.3816 1. [The following substances are designated as

4-24 highly hazardous, if present in the quantity designated after each

4-25 substance or a greater quantity:

4-26 Number Assigned

4-27 by Chemical Quantity

4-28 Chemical Name of SubstanceAbstract Service(In pounds)

4-29 Acetaldehyde...................... 75-07-0 2500

4-30 Acrolein (2-Propenal)..... 107-02-8 150

4-31 Acrylyl Chloride.............. 814-68-6 250

4-32 Allyl Chloride.................. 107-05-1 1000

4-33 Allylamine....................... 107-11-9 1000

4-34 Alkylaluminums..................... None 5000

4-35 Ammonia, Anhydrous... 7664-41-7 5000

4-36 Ammonia solutions (concentration

4-37 greater than 44% ammonia by

4-38 weight)........................... 7664-41-7 10000

4-39 Ammonium Perchlorate7790-98-9 7500

4-40 Ammonium Permanganate7787-36-2 7500

4-41 Arsine (also called Arsenic Hydride)7784-42-1 100

4-42 Bis (Chloromethyl) Ether542-88-1 100

4-43 Boron Trichloride....... 10294-34-5 2500

5-1 Boron Trifluoride.......... 7637-07-2 250

5-2 Bromine.......................... 7726-95-6 1500

5-3 Bromine Chloride........ 13863-41-7 1500

5-4 Bromine Pentafluoride.. 7789-30-2 2500

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

5-6 3-Bromopropyne (also called

5-7 Propargyl Bromide)......... 106-96-7 100

5-8 Butyl Hydroperoxide (Tertiary)75-91-2 5000

5-9 Butyl Perbenzoate (Tertiary)614-45-9 7500

5-10 Carbonyl Chloride (see Phosgene)75-44-5100

5-11 Carbonyl Fluoride........... 353-50-4 2500

5-12 Cellulose Nitrate (concentration

5-13 greater than 12.6% Nitrogen)9004-70-02500

5-14 Chlorine......................... 7782-50-5 1500

5-15 Chlorine Dioxide........ 10049-04-4 1000

5-16 Chlorine Pentafluoride13637-63-3 1000

5-17 Chlorine Trifluoride..... 7790-91-2 1000

5-18 Chlorodiethylaluminum (also

5-19 called Diethylaluminum Chloride)96-10-65000

5-20 1-Chloro-2,4-Dinitrobenzene97-00-7 5000

5-21 Chloromethyl Methyl Ether107-30-2 500

5-22 Chloropicrin...................... 76-06-2 500

5-23 Chloropicrin and Methyl Bromide

5-24 mixture.................................... None 1500

5-25 Chloropicrin and Methyl Chloride

5-26 mixture.................................... None 1500

5-27 Cumene Hydroperoxide.... 80-15-9 5000

5-28 Cyanogen......................... 460-19-5 2500

5-29 Cyanogen Chloride.......... 506-77-4 500

5-30 Cyanuric Fluoride........... 675-14-9 100

5-31 Diacetyl Peroxide (concentration

5-32 greater than 70%)............ 110-22-5 5000

5-33 Diazomethane.................. 334-88-3 500

5-34 Dibenzoyl Peroxide........... 94-36-0 7500

5-35 Diborane...................... 19287-45-7 100

5-36 Dibutyl Peroxide (Tertiary)110-05-4 5000

5-37 Dichloro Acetylene....... 7572-29-4 250

5-38 Dichlorosilane............... 4109-96-0 2500

5-39 Diethylzinc....................... 557-20-0 10000

5-40 Diisopropyl Peroxydicarbonate105-64-67500

5-41 Dilauroyl Peroxide.......... 105-74-8 7500

5-42 Dimethyl Sulfide............... 75-18-3 100

5-43 Dimethyldichlorosilane..... 75-78-5 1000

5-44 Dimethylhydrazine, 1.1-.... 57-14-7 1000

5-45 Dimethylamine, Anhydrous124-40-3 2500

6-1 2, 4 Dinitroaniline.............. 97-02-9 5000

6-2 Ethyl Methyl Ketone Peroxide

6-3 (also Methyl Ethyl Ketone

6-4 Peroxide; concentration greater

6-5 than 60%)....................... 1338-23-4 5000

6-6 Ethyl Nitrite...................... 109-95-5 5000

6-7 Ethylamine.......................... 75-04-7 7500

6-8 Ethylene Fluorohydrin..... 371-62-0 100

6-9 Ethylene Oxide................... 75-21-8 5000

6-10 Ethyleneimine.................. 151-56-4 1000

6-11 Fluorine......................... 7782-41-4 100

6-12 Formaldehyde (concentration 37%

6-13 or greater byweight).......... 50-00-0 1000

6-14 Furan................................ 110-00-9 500

6-15 Hexafluoroacetone.......... 684-16-2 5000

6-16 Hydrochloric Acid, Anhydrous7647-01-05000

6-17 Hydrofluoric Acid, Anhydrous7664-39-31000

6-18 Hydrogen Bromide..... 10035-10-6 5000

6-19 Hydrogen Chloride........ 7647-01-0 5000

6-20 Hydrogen Cyanide, Anhydrous74-90-8 1000

6-21 Hydrogen Fluoride........ 7664-39-3 1000

6-22 Hydrogen Peroxide (concentration

6-23 52% greater by weight). 7722-84-1 7500

6-24 Hydrogen Selenide........ 7783-07-5 150

6-25 Hydrogen Sulfide.......... 7783-06-4 1500

6-26 Hydroxylamine.............. 7803-49-8 2500

6-27 Iron, Pentacarbonyl-.... 13463-40-6 250

6-28 Isopropyl Formate........... 625-55-8 500

6-29 Isopropylamine.................. 75-31-0 5000

6-30 Ketene.............................. 463-51-4 100

6-31 Methacrylaldehyde............. 78-85-3 1000

6-32 Methacryloyl Chloride.... 920-46-7 150

6-33 Methacryloyloxyethyl Isocyanate30674-80-7100

6-34 Methyl Acrylonitrile........ 126-98-7 250

6-35 Methylamine, Anhydrous.. 74-89-5 1000

6-36 Methyl Bromide................. 74-83-9 2500

6-37 Methyl Chloride................. 74-87-3 15000

6-38 Methyl Chloroformate...... 79-22-1 500

6-39 Methyl Disulfide............. 624-92-0 100

6-40 Methyl Ethyl Ketone Peroxide

6-41 (also Ethyl Methyl Ketone

6-42 Peroxide; concentration greater

6-43 than 60%)...................... 1338-23-4 5000

6-44 Methyl Fluoroacetate...... 453-18-9 100

6-45 Methyl Fluorosulfate...... 421-20-5 100

7-1 Methyl Hydrazine............... 60-34-4 100

7-2 Methyl Iodide...................... 74-88-4 7500

7-3 Methyl Isocyanate............. 624-83-9 250

7-4 Methyl Mercaptan............... 74-93-1 5000

7-5 Methyl Vinyl Ketone.......... 78-94-4 100

7-6 Methyltrichlorosilane......... 75-79-6 500

7-7 Nickel Carbonyl (Nickel

7-8 Tetracarbonyl).............. 13463-39-3 150

7-9 Nitric Acid (concentration 94.5%

7-10 or greater by weight)..... 7697-37-2 500

7-11 Nitric Oxide................ 10102-43-9 250

7-12 Nitroaniline (para Nitroaniline)100-01-65000

7-13 Nitromethane..................... 75-52-5 2500

7-14 Nitrogen Dioxide........ 10102-44-0 250

7-15 Nitrogen Oxides (NO; NO2; N2O4;

7-16 N2O3)......................... 10102-44-0 250

7-17 Nitrogen Tetroxide (also called

7-18 NitrogenPeroxide )..... 10544-72-6 250

7-19 Nitrogen Trifluoride..... 7783-54-2 5000

7-20 Nitrogen Trioxide....... 10544-73-7 250

7-21 Oleum (65% or greater by weight

7-22 of sulfur trioxide; also called

7-23 Fuming Sulfuric Acid).. 8014-95-7 1000

7-24 Osmium Tetroxide...... 20816-12-0 100

7-25 Oxygen Difluoride (Fluorine

7-26 Monoxide)..................... 7783-41-7 100

7-27 Ozone.......................... 10028-15-6 100

7-28 Pentaborane................. 19624-22-7 100

7-29 Peracetic Acid (concentration

7-30 greater than 60 Acetic Acid; also

7-31 called Peroxyacetic Acid).. 79-21-0 1000

7-32 Perchloric Acid (concentration

7-33 greater than 60% by weight)7601-90-3 5000

7-34 Perchloromethyl Mercaptan594-42-3 150

7-35 Perchloryl Fluoride....... 7616-94-6 5000

7-36 Peroxyacetic Acid (concentration

7-37 greater than 60% Acetic Acid; also

7-38 called Peracetic Acid)........ 79-21-0 1000

7-39 Phosgene (also called Carbonyl

7-40 Chloride)............................ 75-44-5 100

7-41 Phosphine (Hydrogen Phosphide)7803-51-2100

7-42 Phosphorus Oxychloride (also

7-43 called Phosphoryl Chloride)10025-87-31000

7-44 Phosphorus Trichloride7719-12-2 1000

8-1 Phosphoryl Chloride (also called

8-2 Phosphorus Oxychloride)10025-87-3 1000

8-3 Propargyl Bromide (also called 3

8-4 Bromopropyne)................ 106-96-7 100

8-5 Propyl Nitrate................... 627-13-4 100

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

8-7 Selenium Hexafluoride.. 7783-79-1 1000

8-8 Stibine (Antimony Hydride)7803-52-3 500

8-9 Sulfur Dioxide (liquid).. 7446-09-5 1000

8-10 Sulfur Pentafluoride..... 5714-22-7 250

8-11 Sulfur Tetrafluoride...... 7783-60-0 250

8-12 Sulfur Trioxide (also called

8-13 Sulfuric Anhydride)...... 7446-11-9 1000

8-14 Sulfuric Anhydride (also called

8-15 Sulfur Trioxide)............ 7446-11-9 1000

8-16 Tellurium Hexafluoride7783-80-4 250

8-17 Tetrafluoroethylene......... 116-14-3 5000

8-18 Tetrafluorohydrazine.. 10036-47-2 5000

8-19 Tetramethyl Lead............... 75-74-1 1000

8-20 Thionyl Chloride........... 7719-09-7 250

8-21 Titanium Tetrachloride. 7550-45-0 2500

8-22 Trichloro (chloromethyl) Silane1558-25-4100

8-23 Trichloro (dichlorophenyl) Silane27137-85-52500

8-24 Trichlorosilane............ 10025-78-2 5000

8-25 Trifluorochloroethylene.... 79-38-9 10000

8-26 Trimethyoxysilane......... 2487-90-3 1500

8-27 2. The division, in consultation with the health districts created

8-28 pursuant to NRS 439.370, the health division of the department of

8-29 human resources and the division of industrial relations of the

8-30 department of business and industry, shall regularly examine the

8-31 sources of information available to it with regard to potentially

8-32 highly hazardous substances. The division shall, by regulation, add

8-33 to the list of highly hazardous substances any chemical that is

8-34 identified as being used, manufactured, stored, or capable of being

8-35 produced, at a facility, in sufficient quantities at a single site, that its

8-36 release into the environment would produce a significant likelihood

8-37 that persons exposed would suffer death or substantial bodily harm

8-38 as a consequence of the exposure.] The State Environmental

8-39 Commission shall adopt regulations:

8-40 (a) Designating a list of highly hazardous substances,

8-41 including, without limitation, any chemical:

8-42 (1) That is identified as being used, manufactured, stored

8-43 or capable of being produced at a facility; and

9-1 (2) The release of which into the environment or the

9-2 involvement of which in a fire or explosion would produce a

9-3 significant likelihood that persons exposed would suffer death or

9-4 substantial bodily harm as a consequence of the exposure; and

9-5 (b) Designating for each such substance a quantity which

9-6 requires the regulation of that substance pursuant to NRS 459.380

9-7 to 459.3874, inclusive, and section 1 of this act and any

9-8 regulations adopted pursuant thereto.

9-9 2. The Division shall regularly examine sources of

9-10 information available to it, including, without limitation, studies,

9-11 guidelines and regulations of the Federal Government, and may

9-12 propose that the State Environmental Commission add or delete a

9-13 substance or otherwise amend the list of substances and quantities

9-14 adopted pursuant to subsection 1.

9-15 3. The State Environmental Commission shall adopt

9-16 regulations designating specific materials that are subject to

9-17 regulation as explosives pursuant to NRS 459.380 to 459.3874,

9-18 inclusive, and section 1 of this act and any regulations adopted

9-19 pursuant thereto.

9-20 4. The Division shall regularly examine sources of

9-21 information available to it, including, without limitation, studies,

9-22 guidelines and regulations of the Federal Government, and shall

9-23 consult with the Division of Industrial Relations of the

9-24 Department of Business and Industry to determine materials that

9-25 should be regulated as explosives. The Division may propose that

9-26 the State Environmental Commission add or delete a material or

9-27 otherwise amend the list of materials adopted pursuant to

9-28 subsection 3.

9-29 Sec. 9. NRS 459.3819 is hereby amended to read as follows:

9-30 459.3819 1. The Division shall enter into cooperative

9-31 agreements with state and local agencies to provide inspections of

9-32 regulated facilities where explosives are manufactured, or where an

9-33 explosive is used, processed, handled, moved on site or stored in

9-34 relation to its manufacture. The Division shall schedule the

9-35 inspections in such a manner as to provide an opportunity for

9-36 participation by:

9-37 (a) A representative of the fire-fighting agency that exercises

9-38 jurisdiction over the regulated facility;

9-39 (b) A representative of the law enforcement agency that

9-40 exercises jurisdiction over the regulated facility; and

9-41 (c) Representatives of the Division and any other state agency

9-42 responsible for minimizing risks to persons and property posed by

9-43 such regulated facilities.

10-1 2. The owner or operator of such a regulated facility shall make

10-2 the facility available for the inspections required by this section at

10-3 such times as are designated by the Division.

10-4 3. Any inspection of a regulated facility conducted pursuant to

10-5 this section is in addition to, and not in lieu of, any other inspection

10-6 of the facility required or authorized by state statute or local

10-7 ordinance.

10-8 4. Notwithstanding any provision of this section to the

10-9 contrary, the provisions of this section do not apply to the mining

10-10 industry.

10-11 [5. Except as otherwise provided in subsection 6, as used in

10-12 this section, “explosive” means gunpowders, powders used for

10-13 blasting, all forms of high explosives, blasting materials, fuses other

10-14 than electric circuit breakers, detonators and other detonating

10-15 agents, smokeless powders, other explosive or incendiary devices

10-16 and any chemical compound, mechanical mixture or device that

10-17 contains any oxidizing and combustible units, or other ingredients,

10-18 in such proportions, quantities or packing that ignition by fire,

10-19 friction, concussion, percussion, or detonation of the compound,

10-20 mixture or device or any part thereof may cause an explosion.

10-21 6. For the purposes of this section, an explosive does not

10-22 include:

10-23 (a) Ammunition for small arms, or any component thereof;

10-24 (b) Black powder commercially manufactured in quantities that

10-25 do not exceed 50 pounds, percussion caps, safety and pyrotechnic

10-26 fuses, quills, quick and slow matches, and friction primers that are

10-27 intended to be used solely for sporting, recreation or cultural

10-28 purposes:

10-29 (1) In an antique firearm, as that term is defined in 18 U.S.C.

10-30 § 921(a)(16), as that section existed on January 1, 1999; or

10-31 (2) In an antique device which is exempted from the

10-32 definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4),

10-33 as that section existed on January 1, 1999; or

10-34 (c) Any explosive that is manufactured under the regulation of a

10-35 military department of the United States, or that is distributed to, or

10-36 possessed or stored by, the military or naval service or any other

10-37 agency of the United States, or an arsenal, a navy yard, a depot or

10-38 any other establishment owned by or operated on behalf of the

10-39 United States.]

10-40 Sec. 10. NRS 459.3824 is hereby amended to read as follows:

10-41 459.3824 1. The owner of a regulated facility shall pay to the

10-42 Division an annual fee based on the fiscal year. The annual fee for

10-43 each regulated facility is the sum of a base fee set by the State

10-44 Environmental Commission and any additional fee imposed by the

11-1 Commission pursuant to subsection 2. The annual fee must be

11-2 prorated and may not be refunded.

11-3 2. The State Environmental Commission may impose an

11-4 additional fee upon the owner of a regulated facility in an amount

11-5 determined by the Commission to be necessary to enable the

11-6 Division to carry out its duties pursuant to NRS 459.380 to

11-7 459.3874, inclusive[.] , and section 1 of this act. The additional fee

11-8 must be based on a graduated schedule adopted by the Commission

11-9 which takes into consideration the quantity of hazardous substances

11-10 located at each regulated facility.

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

11-12 send the owner of a regulated facility a bill in July for the annual fee

11-13 for the fiscal year then beginning which is based on the applicable

11-14 reports for the preceding year.

11-15 4. The owner of a regulated facility shall submit, with any

11-16 payment required by this section, the number assigned by the

11-17 Department of Taxation, for the imposition and collection of taxes

11-18 pursuant to chapter 364A of NRS, to the business for which the

11-19 payment is made.

11-20 5. All fees collected pursuant to this section and penalties

11-21 collected pursuant to NRS 459.3833, 459.3834 and 459.3874, and

11-22 any interest earned thereon, must be deposited with the State

11-23 Treasurer for credit to the Fund for Precaution Against Chemical

11-24 Accidents, which is hereby created as a special revenue fund.

11-25 Sec. 11. NRS 459.387 is hereby amended to read as follows:

11-26 459.387 1. The Division may enter any regulated facility:

11-27 (a) During normal business hours; and

11-28 (b) At any other time if there is probable cause to believe that a

11-29 violation of any of the provisions of NRS 459.380 to 459.3874,

11-30 inclusive, and section 1 of this act or any regulation adopted

11-31 pursuant thereto, has occurred,

11-32 to verify compliance with the provisions of NRS 459.380 to

11-33 459.3874, inclusive, and section 1 of this act and the quality of all

11-34 work performed pursuant to those sections , except that the owner or

11-35 operator of a regulated facility need not employ any personnel

11-36 solely to assure access to the regulated facility by the Division when

11-37 this access would otherwise be impossible.

11-38 2. [The Division shall develop, adopt by regulation and enforce

11-39 a system of recordkeeping. The system must:

11-40 (a) Require the owner or operator of each facility registered

11-41 pursuant to NRS 459.3828 to report to the Division on all efforts to

11-42 assess and reduce risks undertaken, all continuing maintenance, all

11-43 unanticipated and unusual events, and any other information the

11-44 Division finds appropriate; and

12-1 (b) Be so designed as to prevent the destruction or alteration of

12-2 information and data contained in those records.

12-3 3. Within 30 days after each anniversary of the date on which

12-4 the plan to reduce accidents was first put into effect, the owner or

12-5 operator of a regulated facility shall file an annual report of

12-6 compliance with the Division. This annual report must include a

12-7 report of progress describing in detail all actions taken to comply

12-8 with the schedule of abatement set forth in the plan, including

12-9 itemization of abatements accomplished and steps taken to

12-10 accomplish abatements in accordance with the schedule. The annual

12-11 report of compliance must be signed and certified as a report on

12-12 safety and must be in a form and be accompanied by documentation

12-13 showing compliance in accordance with the regulations of the

12-14 Division.

12-15 4. Within 30 days after receiving the annual report of

12-16 compliance, the Division shall conduct at the facility a confirmation

12-17 and evaluation of the accuracy of the report and independent

12-18 determination of the status of compliance with the schedule of

12-19 abatement. The Division’s findings must be reduced to writing and

12-20 made available to the public within 60 days after the date of filing of

12-21 the report.] If the Administrator of the Division finds that any

12-22 person is engaging, is about to engage or has engaged in an act or

12-23 practice that violates any provision of NRS 459.380 to 459.3874,

12-24 inclusive, and section 1 of this act, any regulation adopted

12-25 pursuant thereto, or any term or condition of a permit issued by

12-26 the Division pursuant to NRS 459.380 to 459.3874, inclusive, and

12-27 section 1 of this act, the Administrator may issue an order:

12-28 (a) Specifying the provision, regulation, term or condition that

12-29 is alleged to have been violated or which is about to be violated;

12-30 (b) Setting forth the facts alleged to constitute the violation;

12-31 (c) Prescribing any corrective action that must be taken and a

12-32 reasonable time within which that action must be taken; and

12-33 (d) Requiring the person to whom the order is directed to

12-34 appear before the Division or a hearing officer to show cause why

12-35 the Division should not commence an action for appropriate relief.

12-36 3. If the Administrator finds that the handling of a highly

12-37 hazardous substance or explosive at a regulated facility presents

12-38 an imminent and substantial threat to human health or the

12-39 environment, the Administrator may issue an order requiring the

12-40 owner or operator of the regulated facility to take necessary steps

12-41 to prevent the act or eliminate the practice that constitutes the

12-42 threat.

12-43 Sec. 12. NRS 459.3872 is hereby amended to read as follows:

12-44 459.3872 1. If any person violates any of the provisions of

12-45 NRS 459.380 to 459.386, inclusive, and section 1 of this act, or

13-1 459.387, or any regulation or order adopted or issued pursuant

13-2 thereto, the Division may institute a civil action in a court of

13-3 competent jurisdiction for injunctive or any other appropriate relief

13-4 to prohibit and prevent the violation and the court may proceed in

13-5 the action in a summary manner.

13-6 2. Except as otherwise provided in NRS 445C.010 to

13-7 445C.120, inclusive, a person who violates a provision of NRS

13-8 459.380 to 459.386, inclusive, and section 1 of this act, or 459.387,

13-9 or any regulation or order adopted pursuant thereto , is liable to a

13-10 civil administrative penalty as set forth in NRS 459.3874. If the

13-11 violation is of a continuing nature, each day during which it

13-12 continues constitutes an additional, separate and distinct offense. No

13-13 civil administrative penalty may be levied until after notification to

13-14 the violator by certified mail or personal service. The notice must

13-15 include a reference to the section of the statute, regulation, order or

13-16 condition of a permit violated, a concise statement of the facts

13-17 alleged to constitute the violation, a statement of the amount of the

13-18 civil penalties to be imposed[,] and a statement of the violator’s

13-19 right to a hearing. The violator has 20 days after receipt of the notice

13-20 within which to deliver to the Division a written request for a

13-21 hearing. After the hearing if requested, and upon a finding that a

13-22 violation has occurred, the Administrator of the Division may issue

13-23 a final order after assessing the amount of the fine specified in the

13-24 notice. If no hearing is requested, the notice becomes a final order

13-25 upon the expiration of the 20-day period. Payment of the penalty is

13-26 due when a final order is issued or when the notice becomes a final

13-27 order. The authority to levy a civil administrative penalty is in

13-28 addition to all other provisions for enforcement of NRS 459.380 to

13-29 459.387, inclusive, and section 1 of this act, and the payment of a

13-30 civil administrative penalty does not affect the availability of any

13-31 other provision for enforcement in connection with the violation for

13-32 which the penalty is levied.

13-33 Sec. 13. NRS 459.3874 is hereby amended to read as follows:

13-34 459.3874 1. The civil administrative penalties are:

13-35 Category of Offense Penalty in U.S. Dollars

13-36 A........................... Failure to register a new or

13-37 existing regulated facility:$25,000 plus $2,000 per day

13-38 from the due date

13-39 B...................... Failure to pay the fee required

13-40 pursuant to NRS 459.3824:75 percent of the fee

13-41 C.................. Failure to submit a safety report:$10,000 plus $1,000 per day

13-42 from the due date

14-1 D..................................... Failure to conduct an

14-2 assessment of risk through analysis

14-3 of hazards pursuant to the

14-4 conditions set forth in

14-5 NRS 459.3844:................................... $25,000

14-6 E. Failure to put into effect plan:.......... $50,000

14-7 F.Failure to comply with plan to

14-8 reduce accidents and schedule of

14-9 compliance:.................................. up to $5,000

14-10 G.................. Failure to comply with approved

14-11 plan to reduce accidents, each

14-12 requirement:.............................. up to $10,000

14-13 H..................... Failure to provide information

14-14 requested by the Division:................. $25,000

14-15 I.Failure to grant access to

14-16 employees or agents of Division for

14-17 inspections:......................................... $25,000

14-18 J.Failure to provide information

14-19 or grant access to employees or

14-20 agents of Division during an

14-21 emergency:.......................................... $50,000

14-22 K......................... Falsification of information

14-23 submitted to Division:up to $10,000 per incident

14-24 L.................. Failure to obtain a permit for the

14-25 construction of a new regulated

14-26 facility:................................................ $25,000

14-27 The civil administrative penalty prescribed in category L may be

14-28 assessed against a contractor who is constructing the regulated

14-29 facility only if the contractor is contractually responsible for

14-30 obtaining all appropriate permits for the construction of the

14-31 regulated facility and the contractor knows or has reason to know

14-32 the planned use of the regulated facility.

14-33 2. The Division may compromise and settle any claim for any

14-34 penalty as set forth in this section in such amount in the discretion of

14-35 the Division as may appear appropriate and equitable under all

14-36 of the circumstances, including the posting of a performance bond

14-37 by the violator. If a violator is subject to the imposition of more than

14-38 one civil administrative penalty for the same violation, the Division

14-39 shall compromise and settle the claim for the penalty as set forth in

14-40 this section in such amount as to avoid the duplication of penalties.

14-41 3. No penalty may be imposed pursuant to this section for the

14-42 failure to perform a required act within the time required if the delay

14-43 was caused by a natural disaster or other circumstances which are

14-44 beyond the control of the violator.

15-1 4. Any person who violates any of the provisions of NRS

15-2 459.380 to 459.386, inclusive, and section 1 of this act, or 459.387,

15-3 or any regulation or order adopted or issued pursuant thereto, or an

15-4 administrative order issued pursuant to subsection 2 of NRS

15-5 459.3872 or a court order issued pursuant to subsection 1 of NRS

15-6 459.3872, or who fails to pay a civil administrative penalty in full is

15-7 subject, upon order of the court, to a civil penalty not to exceed

15-8 $10,000 per day of the violation, and each day’s continuance of the

15-9 violation constitutes a separate and distinct violation. Any penalty

15-10 imposed pursuant to this subsection may be recovered with costs in

15-11 a summary proceeding by the Attorney General.

15-12 Sec. 14. NRS 278.147 is hereby amended to read as follows:

15-13 278.147 1. No person may commence operation in this state

15-14 of a facility where an explosive, [or] a highly hazardous substance

15-15 [listed in NRS 459.3816, the regulations adopted pursuant thereto]

15-16 designated pursuant to NRS 459.3816 if present in a quantity

15-17 equal to or greater than the amount designated pursuant to NRS

15-18 459.3816, or a hazardous substance listed in the regulations

15-19 adopted pursuant to NRS 459.3833[,] will be used, manufactured,

15-20 processed, transferred or stored without first obtaining a conditional

15-21 use permit therefor from the governing body of the city or county in

15-22 which the facility is to be located. Each governing body shall

15-23 establish by local ordinance, in accordance with the provisions of

15-24 this section, the procedures for obtaining such a permit.

15-25 2. An application for a conditional use permit must be filed

15-26 with the planning commission of the city, county or region in which

15-27 the facility is to be located. The planning commission shall, within

15-28 90 days after the filing of an application, hold a public hearing to

15-29 consider the application. The planning commission shall, at least 30

15-30 days before the date of the hearing, cause notice of the time, date,

15-31 place and purpose of the hearing to be:

15-32 (a) Sent by mail [to] or, if requested by a party to whom notice

15-33 must be provided pursuant to this paragraph, by electronic means if

15-34 receipt of such an electronic notice can be verified, to:

15-35 (1) The applicant;

15-36 (2) Each owner or tenant of real property located within

15-37 1,000 feet of the property in question;

15-38 (3) The owner, as listed on the county assessor’s records, of

15-39 each of the 30 separately owned parcels nearest the property in

15-40 question, to the extent this notice does not duplicate the notice given

15-41 pursuant to subparagraph (2);

15-42 (4) If a mobile home park or multiple-unit residence is

15-43 located within 1,000 feet of the property in question, each tenant of

15-44 that mobile home park or multiple-unit residence;

16-1 (5) Any advisory board that has been established for the

16-2 affected area by the governing body;

16-3 (6) The Administrator of the Division of Environmental

16-4 Protection of the State Department of Conservation and Natural

16-5 Resources;

16-6 (7) The State Fire Marshal; and

16-7 (8) The Administrator of the Division of Industrial Relations

16-8 of the Department of Business and Industry; and

16-9 (b) Published in a newspaper of general circulation within the

16-10 city or county in which the property in question is located.

16-11 3. The notice required by subsection 2 must:

16-12 (a) Be written in language that is easy to understand; and

16-13 (b) Include a physical description or map of the property in

16-14 question and a description of all explosives, and all substances

16-15 described in subsection 1, that will be located at the facility.

16-16 4. In considering the application, the planning commission

16-17 shall:

16-18 (a) Consult with:

16-19 (1) Local emergency planning committees;

16-20 (2) The Administrator of the Division of Environmental

16-21 Protection of the State Department of Conservation and Natural

16-22 Resources;

16-23 (3) The State Fire Marshal;

16-24 (4) The Administrator of the Division of Industrial Relations

16-25 of the Department of Business and Industry; and

16-26 (5) The governing body of any other city or county that may

16-27 be affected by the operation of the facility; and

16-28 (b) Consider fully the effect the facility will have on the health

16-29 and safety of the residents of the city, county or region.

16-30 5. The planning commission shall, within a reasonable time

16-31 after the public hearing, submit to the governing body its

16-32 recommendations for any actions to be taken on the application. If

16-33 the planning commission recommends that a conditional use permit

16-34 be granted to the applicant, [it] the planning commission shall

16-35 include in its recommendations such terms and conditions for the

16-36 operation of the facility as it deems necessary for the protection of

16-37 the health and safety of the residents of the city, county or region.

16-38 6. The governing body shall, within 30 days after the receipt of

16-39 the recommendations of the planning commission, hold a public

16-40 hearing to consider the application. The governing body shall:

16-41 (a) Cause notice of the hearing to be given in the manner

16-42 prescribed by subsection 2; and

16-43 (b) Grant or deny the conditional use permit within 30 days after

16-44 the public hearing.

17-1 7. Notwithstanding any provision of this section to the

17-2 contrary, the provisions of this section do not apply to the mining

17-3 industry.

17-4 8. [Except as otherwise provided in subsection 9, as] As used

17-5 in this section, “explosive” [means gunpowders, powders used for

17-6 blasting, all forms of high explosives, blasting materials, fuses other

17-7 than electric circuit breakers, detonators and other detonating

17-8 agents, smokeless powders, other explosive or incendiary devices

17-9 and any chemical compound, mechanical mixture or device that

17-10 contains any oxidizing or combustible units, or other ingredients, in

17-11 such proportions, quantities or packing that ignition by fire, friction,

17-12 concussion, percussion or detonation of the compound, mixture,

17-13 device or any part thereof may cause an explosion.

17-14 9. For the purposes of this section, an explosive does not

17-15 include:

17-16 (a) Ammunition for small arms, or any component thereof;

17-17 (b) Black powder commercially manufactured in quantities that

17-18 do not exceed 50 pounds, percussion caps, safety and pyrotechnic

17-19 fuses, quills, quick and slow matches, and friction primers that are

17-20 intended to be used solely for sporting, recreation or cultural

17-21 purposes:

17-22 (1) In an antique firearm, as that term is defined in 18 U.S.C.

17-23 § 921(a)(16), as that section existed on January 1, 1999; or

17-24 (2) In an antique device which is exempted from the

17-25 definition of “destructive device” pursuant to 18 U.S.C. § 921(a)(4),

17-26 as that section existed on January 1, 1999; or

17-27 (c) Any explosive that is manufactured under the regulation of a

17-28 military department of the United States, or that is distributed to, or

17-29 possessed or stored by, the military or naval service or any other

17-30 agency of the United States, or an arsenal, a navy yard, a depot or

17-31 any other establishment owned by or operated on behalf of the

17-32 United States.] has the meaning ascribed to it in NRS 459.3807.

17-33 Sec. 15. Notwithstanding the amendatory provisions of section

17-34 8 of this act, any administrative regulations adopted pursuant to

17-35 NRS 459.3816 on or before October 1, 2003, remain in effect unless

17-36 later amended or repealed.

17-37 Sec. 16. 1. This section becomes effective upon passage and

17-38 approval.

17-39 2. Sections 1 and 8 of this act become effective upon passage

17-40 and approval for the purpose of adopting regulations and on

17-41 October 1, 2003, for all other purposes.

17-42 3. Sections 2 to 7, inclusive, and 9 to 15, inclusive, of this act

17-43 become effective on October 1, 2003.

17-44 H