1. A person who
proposes to construct or operate a new or new or expanding facility for the
management of hazardous waste must obtain a certificate of designation from the
Administrator before the submission of an application for a permit or class 3
modification required pursuant to 40 C.F.R. Part 124, Subparts A , B and G, and
Part 270, Subparts A to F, inclusive , H, I and J, as adopted by reference in
NAC 444.8632.
2. An application for a certificate of
designation must be accompanied by sufficient information to determine the need
for the facility and by information concerning:
(a) The effect of the proposed facility on
the public health, safety and welfare in the geographic area and any
municipality near its proposed location, including without limitation:
(1) The risk and effect of an accident in the
transportation of hazardous waste to the facility;
(2) The identification, risk and effect of
any spill, discharge, fire, failure of equipment or other emergency that could
occur at the facility;
(3) The
identification, risk and effect of any exposure to persons of hazardous waste,
or products of the degradation of hazardous waste, that could occur during the
operation or after the closure of the facility;
(4) The consistency of the facility with
local and regional plans and regulations for the use of land;
(5) The protection of the public from adverse
effects, including the economic and environmental effects from the construction
and operation, and care after closure, of the facility;
(6) The risk and effect of the facility
concerning public and private sources of drinking water; and
(7) The risk and effect of the facility
concerning scenic, historic and recreational areas, and wetlands, floodplains,
wildlife areas and other areas that are environmentally sensitive;
(b) The density of population in
the proximity of the proposed location for the facility;
(c) The public benefits of the proposed
facility, including:
(1) The need in the State
for the additional capacity for the management of hazardous waste;
(2) The energy and resources recoverable by
the proposed facility; and
(3) The
reduction in methods for the management of hazardous waste, which are less
suitable for the environment, that would be made possible by the proposed
facility;
(d) Whether
any other available site or method for the management of hazardous waste would
be less detrimental to the public health or safety or to the quality of the
environment;
(e) The applicant's
qualifications and experience in the management of hazardous waste;
(f) Whether the proposed facility complies
with the provisions of NAC
444.8456; and
(g) The characteristics, sources and quantity
of hazardous waste to be managed.
3. The Administrator shall not issue a
certificate of designation unless he or she determines, based upon the
application, that:
(a) The probable
beneficial environmental effect of the facility to the State outweighs the
probable adverse environmental effect; and
(b) There is a need for the facility to serve
industry in the State. The Administrator shall set forth in writing the basis
of his or her determination of need for the facility.
4. The provisions of this section do not
apply to a facility:
(a) For community
recycling;
(b) For community
storage;
(c) For the storage of
hazardous waste which is generated on the site of the facility; or
(d) Which qualifies for interim status
pursuant to 40 C.F.R. Part 270, Subpart G , as adopted by reference in NAC
444.8632.
Added to NAC by
Environmental Comm'n, eff. 7-22-87; A 4-18-90; 3-1-94; 9-15-94; A by
R091-16A,
eff. 11/2/2016
