Current through September 16, 2024
1. An application
for a written determination that a proposed facility or mobile unit will
operate as a facility for the recycling of hazardous waste or mobile unit for
the recycling of hazardous waste must be accompanied by:
(a) The name and address of the owner and
operator of the facility or mobile unit;
(b) The name and address of the property
owner of the location at which a facility is proposed to be
constructed;
(c) A detailed
description of the type of recycling which is proposed, including:
(1) The manufacturer of the equipment to be
used at the facility or mobile unit;
(2) The nature of the recycling;
and
(3) An explanation evidencing
that the:
(I) Facility is a facility for the
recycling of hazardous waste; or
(II) Mobile unit is a mobile unit for the
recycling of hazardous waste;
(d) A description of the source and estimated
amount of hazardous waste to be recycled on an average day and on a peak
day;
(e) A physical and chemical
description of the type of hazardous waste to be accepted by the facility or
processed by the mobile unit;
(f) A
detailed economic analysis of the recycling process to be used at the facility
or by the mobile unit, including:
(1) The
projected costs to operate the facility or mobile unit;
(2) The fees that would be charged per unit
of volume to process waste transported to the facility or processed by the
mobile unit;
(3) The projected
value that would be recovered per unit of volume; and
(4) The projected costs otherwise to manage,
recycle, treat or dispose of the material as a hazardous waste;
(g) A description of the markets
and the uses for the products to be produced and the materials and energy to be
recovered;
(h) A comparison of the
economic and environmental impact of the proposed recycling process to a
process which uses material that is not considered waste when producing the
same product; and
(i) An operating
plan if the facility is a stationary facility and will recycle hazardous waste
other than used antifreeze governed by NAC
444.8801 to
444.9071, inclusive, or precious
metals governed by 40 C.F.R. Part 266. Such an operating plan must, without
limitation, include a description of the procedures that will ensure safe
operation and demonstrate compliance with:
(1)
The requirements for emergency preparedness and a contingency plan specified in
40 C.F.R. Part 264, Subparts C and D;
(2) The standards for containers and tanks
specified in 40 C.F.R. Part 264, Subparts I, J, AA, BB and CC; and
(3) The applicable requirements for closure
and financial assurance for closure specified in 40 C.F.R. Part 264, Subparts G
and H.
2. The
Administrator may require the applicant to submit additional information before
issuing a written determination.
3.
The Administrator shall not issue a written determination unless he or she
determines, based upon the application, that all the following requirements are
satisfied:
(a) The facility or mobile unit
will be operated as a facility or mobile unit for the recycling of hazardous
waste.
(b) The recycling process
has economic value. A recycling process has economic value if:
(1) The applicant shows that the material
recovered from or the products or energy produced as a result of the process
have value in the marketplace; and
(2) The fees that the applicant charges per
unit of volume to process the material are less than or equal to the cost
otherwise to recycle, manage, treat or dispose of the material as a hazardous
waste, except that the fees that the applicant charges per unit of volume may
be offset by the recovered unit value of the material recovered from or the
products or energy produced as a result of the process.
(c) The probable beneficial environmental
effect of the facility or mobile unit to the State outweighs the probable
adverse environmental effect.
4. Before issuing a written determination for
a facility, the Administrator shall provide for a period of public notice and
comment of not less than 45 days. Unless otherwise required by federal law, the
request for public comment must be published on an Internet website designed to
give general public notice and must be sent to all persons on a mailing list
developed and maintained by the Administrator. A person may request to be
placed on the mailing list by contacting the Administrator. The Administrator
shall respond to all comments he or she receives during the period provided for
comments before making his or her determination to issue or not to issue a
written determination.
5. The
Administrator may revoke, suspend or modify a written determination if, at any
time, he or she determines that:
(a) A
facility or mobile unit no longer satisfies the conditions stated in the
application upon which the Administrator issued the written
determination;
(b) An applicant
misrepresented or failed to disclose fully a relevant fact on his or her
application;
(c) The Administrator
receives information that was not available at the time the Administrator
issued the written determination which would have justified the imposition of
different conditions at the time the determination was issued; or
(d) The standards or regulations on which the
Administrator based the written determination have been changed.
6. A person may request a hearing
before the Commission concerning a final decision of the Administrator to
issue, deny, revoke, suspend or modify a written determination by filing a
request, not more than 10 days after receiving notice from the Administrator of
his or her decision, on Form 3 with the State Environmental Commission, Bryan
State Office Building, 901 South Stewart Street, Carson City, Nevada
89701-5249. The provisions of NAC
445B.875 to
445B.899, inclusive, apply to a
hearing of the Commission requested pursuant to this section.
Added to NAC by
Environmental Comm'n, eff. 4-18-90; A 3-1-94; R125-98, 11-2-98; R104-02,
10-18-2002; R015-08, 4-17-2008; A by
R091-16A,
eff. 11/2/2016; A by
R186-18A,
eff. 1/30/2019
NRS 459.485
