NRS459.3813. Applicability of statutory provisions and regulations to certain facilities; exemptions.

      1.  Except as otherwise provided in this section and NRS 459.3814, the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto, apply to a facility:

      (a) That is constructing or operating a process which involves a highly hazardous substance in a quantity:

             (1) Equal to or greater than the amount designated pursuant to NRS 459.3816; or

             (2) Less than the amount designated pursuant to NRS 459.3816 if there are two or more releases from the facility of the same or different highly hazardous substances during any 12-month period and:

                   (I) The release of the highly hazardous substances is reportable pursuant to 40 C.F.R. Part 302; or

                   (II) Each quantity released is equal to or greater than a maximum quantity allowable as established by regulation of the State Environmental Commission; or

      (b) Where explosives are manufactured for sale.

      2.  The owner or operator of a facility that is constructing or operating a process described in subsection 1 shall ensure that each process constructed or operated by the facility complies with the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto.

      3.  A facility described in subparagraph (2) of paragraph (a) of subsection 1 is exempt from the provisions of NRS 459.380 to 459.3874, inclusive, and any regulations adopted pursuant thereto if:

      (a) The Division determines that the owner or operator of the facility has complied with such provisions of NRS 459.380 to 459.3874, inclusive, and the regulations adopted pursuant thereto, as the Division requires; and

      (b) The owner or operator of the facility obtains an exemption from the State Environmental Commission. The State Environmental Commission shall adopt by regulation the procedures for obtaining such an exemption.

      4.  As used in this section:

      (a) “Explosive” means any material designated as subject to regulation as an explosive pursuant to NRS 459.3816.

      (b) “Highly hazardous substance” means a substance designated as highly hazardous pursuant to NRS 459.3816.

      (Added to NRS by 1997, 1396; A 1999, 1126; 2003, 1596)