Nevada Administrative Code
Chapter 459 - Hazardous Materials
REGULATION OF HIGHLY HAZARDOUS SUBSTANCES AND EXPLOSIVES
Permits
Section 459.953467 - Conditions for issuance of permit to construct; approval of site plan; certain modifications in construction to be reflected in pre-start-up safety review
Universal Citation: NV Admin Code 459.953467
Current through September 16, 2024
1. The Division shall issue a permit to construct a new process if the Division:
(a) Approves the analysis of off-site
consequences developed pursuant to NAC 459.95364 to 459.95376,
inclusive;
(b) Determines that the
inspectors for the construction to be used by the applicant for the permit to
construct:
(1) Are capable of providing an
inspection as required by the applicable specifications, codes and standards,
and of ensuring that the construction and installation of the new process is
performed pursuant to those specifications, codes and standards;
(2) Are qualified by experience and, if
applicable, hold the proper certifications and credentials to perform their
duties as inspectors; and
(3) Are
not employed by or under contract with any entity that will be performing the
construction activity subject to the permit to construct unless that entity is
the owner or operator;
(c) Determines that:
(1) The emergency response program developed
pursuant to NAC 459.9544 and 459.95442 is complete;
(2) Full-time emergency response capability
is available; and
(3) Hazardous
materials response capability:
(I) Is
available pursuant to the requirements of
29 C.F.R. §
1910.120;
(II) Is available 24 hours a day;
and
(III) Will be provided by an
organization that is not a volunteer fire department;
(d) Determines that the process
hazard analysis complies with NAC 459.95414;
(e) Approves the site plan developed pursuant
to NAC 459.953457;
(f) Determines
that:
(1) The plans identifying the locations
of the electrical hazardous area developed pursuant to NAC 459.953457 are in
compliance with the applicable codes and standards, except that the Division
may accept a local building official's approval of the drawing if the criteria
set forth in NAC 459.953457 are met;
(2) The piping and instrument diagrams are
consistent with the process flow diagrams and specifications;
(3) The drawings of the concrete foundation
are consistent with the applicable calculations submitted;
(4) The drawings relating to the structural
steel to be used in the construction are consistent with the applicable
calculations submitted;
(5) The
specifications submitted comply with the applicable codes and standards, and
the selected materials and design parameters are determined to be compatible
with the process; and
(6) The
calculations submitted provide answers that represent generally accepted
calculation methods and comply with the appropriate codes, standards and
industry recommended practices, where applicable;
(g) Finds, upon its review of the portions of
the new process, that those portions are in conformance with any requirement
set forth in the conditional use permit issued pursuant to
NRS
278.147 that require compliance with any part
of
NRS
459.380 to
459.3874,
inclusive, or any regulation adopted pursuant thereto;
(h) Completes the public review and comment
process and any modifications required by NAC 459.953465 have been put into
place; and
(i) Determines that the
applicant is not delinquent on the payment of fees assessed pursuant to NAC
459.953475.
2. For the Division to approve a site plan:
(a) The
worst-case release scenarios developed pursuant to NAC 459.95366 must be
mitigated in a manner acceptable to the Division to minimize the impact on
public receptors located outside the industrial zoning district in which the
new process will be located. At a minimum, some level of passive or active
mitigation must be employed.
(b)
The alternate release scenarios developed pursuant to NAC 459.95368 must be
mitigated in a manner acceptable to the Division to minimize the impact on
public receptors located outside the industrial zoning district in which the
new process will be located. At a minimum, some level of mitigation must be
employed, including, without limitation, the use of toxic or combustible gas
sensors, as appropriate, that must be physically located to enable the
detection of a release and a response thereto in a timely manner to minimize
the impact of the release.
(c) The
locations of the emergency responders as shown on the site plan must be
consistent with the locations of the emergency responders identified in the
emergency response program.
3. Any modification in the construction of a new process allowed pursuant to subsection 1 that causes the alteration of any document, drawing or specification must be reflected in the pre-start-up safety review conducted pursuant to NAC 459.95425.
Added to NAC by Environmental Comm'n by R041-01, eff. 10-25-2001; A by R137-04, 2-15-2005
NRS 459.3818, 459.3829
Disclaimer: These regulations may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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