Nevada State RCRA Process (18-NV-b)
As prescribed in NRS 459.400, the purpose of the hazardous waste program is "to protect human health, public safety and the environment from the effects of improper, inadequate or unsound management of hazardous waste. This is accomplished by establishing programs that regulate the storage, generation, transportation, treatment and disposal of hazardous waste. The hazardous waste program is responsible for permitting and inspecting hazardous waste generators and disposal, transfer, storage and recycling facilities. It is also responsible for enforcing state hazardous waste statutes and regulations; program staff are authorized to enforce Federal hazardous waste regulations in lieu of the United States Environmental Protection Agency.The EPA requires an authorized state's hazardous waste regulations to be at least as stringent as those established at the Federal level. To accomplish this, Nevada adopts by reference, with certain modifications, Federal hazardous waste regulations. To remain authorized the hazardous waste program must periodically update the existing state regulations to reflect changes approved by the EPA.
State RCRA Process Process
18-NV-b.1 - Is Hazardous Waste Disposed of On-Site
If hazardous waste is not disposed of on site but the developer wishes to dispose of hazardous waste at another permitted hazardous waste disposal facility, there are separate hazardous waste manifest document requirements that must be met when disposing of hazardous waste. If hazardous waste generated on site will be disposed of on-site, the developer should consult the Nevada Division of Environmental Protection to consider the requirements for such actions.
18-NV-b.2 – Is Hazardous Waste Transported Off-Site
If hazardous waste is not disposed of on site and not transported off site, there is no permit required. The developer can continue with the project without considering hazardous waste requirements.
18-NV-b.3 to 18-NV-b.5 – Hazardous Waste Manifest Document
The Uniform Hazardous Waste Manifest Instructions (EPA Forms 8700-22 and 8700-22A and their instructions), included as an Appendix to 40 CFR Part 262, provide detailed instructions for compliance with the manifest requirements. 40 CFR Part 262 also provides Standards Applicable to Generators of Hazardous Waste.
Completed manifest documents must be sent to NDEP, Bureau of Waste Management at the following address:
- Nevada Division of Environmental Protection
- Bureau of Waste Management
- 901 S. Stewart Street, Suite 4001
- Carson City, NV 89701-5249
18-NV-b.6 to 18-NV-b.7 – Is Facility Exempt
Exemptions apply to facilities for community recycling and storage or facilities which store hazardous waste which is generated on-site and will be disposed of off-site. Most significantly, facilities which quality for interim status are exempt according to NAC 444.8458. Facilities which qualify for interim status are described in 40 CFR, Part 270, Subpart G.
18-NV-b.8 – Is Facility Sited Within a Restricted Location
NAC 444.8456 provides a list of restricted locations for stationary facilities for the management of hazardous wastes. The list provides that no facility can be constructed within:
- One mile of…
- A dwelling, school, church or community center;
- An area zoned solely for residential use;
- A public park;
- A wildlife management area;
- An area identified by the Department of Wildlife as a key habitat for wildlife or as habitat for an endangered or threatened species;
- An area where surface water or wetlands occur;
- A natural or artificially created geologic hazard which provides a potential for the conveyance of hazardous constituents, as that term is defined in Appendix VIII of 40 C.F.R. Part 261, to surface or groundwaters; or
- An existing well which supplies public drinking water;
- An area identified by the Office of Historic Preservation as a historical or archaeological site that is eligible for listing in the State Register of Historic Places or the National Register of Historic Places, unless an approved mitigation activity has been completed on the site;
- A 100-year floodplain, or
- An area where the water table seasonally rises to within 150 feet of the surface of the ground.
18-NV-b.9 – Application for Variance
If the facility is located in a restricted location, the Developer will have the option of pursuing an application for a variance of the hazardous waste disposal regulations, NAC 444.842 to 444.8482. Consult the Nevada Administrative Code, Chapter 444, for additional information on the required contents of the variance application and applicable fees for review of the application.
18-NV-b.10 – Recommendation for Approval or Disapproval of State Environmental Commission
NAC 444.8476 requires NDEP to review the variance upon filing and payment of the appropriate fee and make a recommendation to the Nevada State Environmental Commission (NSEC) for approval or disapproval of the application.
18-NV-b.11 – Public Notice and Comment Period
Before an application is heard by the NSEC, a public notice and comment period is held for no less than 30 days.
18-NV-b.12 to 18-NV-b.13 – Hearing on Variance Application
18-NV-b.14 – Variance
NSEC will establish the duration of a variance in every instance, but in no event will a variance continue in force after the expiration of any permit issued by the NDEP for the facility involved. A variance can also be revoked by the NSEC if it finds, after notice to the operator and a hearing at which the owner or operator is given an opportunity to be heard, that there has been a violation of a condition of the variance, or that continued operation under the variance poses an unreasonable threat to the public health or violates minimum requirements for the protection of public health. The NSEC will review each variance at least once each year to ensure continuing compliance with the variance.
Renewal of a Variance A variance must be renewed before the renewal of any permit issued by NDEP for the facility involved. An application to renew a variance does not need to include all of the original application information, but incorporate by reference the entire administrative record relating to the original application ( NAC 444.8482).
18-NV-b.15 to 18-NV-b.16 – Application for Certificate of Designation
Sufficient applications for a Certificate of Designation must include the following information, according to NAC 444.8458, about the facility concerning:
- 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:
- The risk and effect of an accident in the transportation of hazardous waste to the facility;
- The identification, risk and effect of any spill, discharge, fire, failure of equipment or other emergency that could occur at the facility;
- 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;
- The consistency of the facility with local and regional plans and regulations for the use of land;
- 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;
- The risk and effect of the facility concerning public and private sources of drinking water; and
- 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;
- The density of population in the proximity of the proposed location for the facility;
- The public benefits of the proposed facility, including:
- The need in the State for the additional capacity for the management of hazardous waste;
- The energy and resources recoverable by the proposed facility; and
- 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;
- 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;
- The applicant’s qualifications and experience in the management of hazardous waste;
- Whether the proposed facility complies with the provisions of NAC 444.8456; and
- The characteristics, sources and quantity of hazardous waste to be managed.
The NDEP Administrator cannot issue a Certificate of Designation unless he/she determines, based on the application, that:
- The probable beneficial environmental effect of the facility to the State outweighs the probable adverse environmental effect; and
- 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.
NDEP Application Fees NAC 444.8446 provides a schedule of maximum fees for different types of hazardous waste disposal facilities. The maximum fee must be deposited with NDEP and the staff will keep an accurate account of the time devoted to each application to deduct from the fee. Any remaining funds are returned to the Developer after deducting the appropriate fee for staff time and any amount paid to consultants.
18-NV-b.17 to 18-NV-b.18 – Public Notice of Pre-Application Public Meeting
After obtaining the appropriate Certificate of Designation from NDEP, the Developer should provide public notice of a public meeting concerning the application for a RCRA Hazardous Waste Facility Permit. The public notice must include:
- The date, time, and location of the meeting;
- A brief description of the purpose of the meeting;
- A brief description of the facility and proposed operations, including the address or a map of the facility location;
- A statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access to participate in the meeting;
- The name, address, and telephone number of a contact person for the developer.
The meeting should be held open to the public and all meeting documents must be provided for public review after the meeting. Meeting documents should include a meeting summary, attendee list, attendee feedback, and developer responses to attendee feedback.
18-NV-b.19 – Hazardous Waste Facility Permit Application
NAC 444.8458 requires that any person proposing to construct or operate a new or expanding facility for the management of hazardous waste must submit an application for a permit or class 3 modification required by 40 CFR, Part 124, Subparts A and B, and 40 CFR 270, Subparts A through F.
RCRA Permit Application, Part A The Part A application is specified in 40 CFR 270.13 and requires basic business and general facility information of the facility in question. Hazardous Waste Part A Permit Application
RCRA Permit Application, Part B The Part B RCRA Permit Application is specified in 40 CFR 270.14 through 270.26 and requests more detailed facility and process information. There is no specific form for the Part B application so the developer should consult the CFR regulations for more detailed guidance on required elements of this application.
18-NV-b.20 – Provide Public Notice of Receipt of Application
The Bureau of Waste Management in Nevada (BWM) will announce the permit application submittal along with public notice including the following information:
- The name and telephone number of the applicant’s contact person;
- The name and telephone number of the permitting agency’s contact office and a mailing address to which information, opinions, and inquiries may be directed throughout the permit review process;
- An address to which people can write to be put on the facility mailing list;
- The location where copies of the permit application and any supporting document can be viewed and copied;
- A brief description of the facility and proposed operations, including the address or a map of the facility location on the front page of the notice;
- The date the application was submitted.
18-NV-b.21 to 18-NV-b.22 – Does Administrator of NDEP Find Need for Facility and Probable Beneficial Environmental Effects Outweigh Adverse Ones
If the application is incomplete, the BWM will inform the developer through a Notice of Deficiency (NOD). The agency can keep the process open by sharing all NOD information with the public either through the administrative record, an information repository, or another public activity.
If the application is complete, the BWM will evaluate the application and determine if there is a public need for the facility. In addition, the BWM will not permit any proposed activity that it determines have probable adverse environmental effects which outweigh the probable beneficial environmental effects.
18-NV-b.23 to 18-NV-b.24 – Draft Hazardous Waste Facility Permit
The BWM will issue a draft permit that may be accompanied by a Fact Sheet and Statement of Basis for the BWM issuing the draft permit if necessary. This information is open to the public for review and comment for 45 days according to 40 CFR 124.
18-NV-b.25 to 18-NV-b.27 – Public Notice and Comment Period
The BWM may require a public hearing if there is a public request or the agency determines that one will be necessary. The BWM should also record all public comments for consideration and all comments received during the public hearing. Before issuing the final permit, the BWM will respond to all public comments received and take them into consideration for the final permit.
18-NV-b.28 to 18-NV-b.29 – Does the BWM Decide to Approve Draft Permit
Again, the final issued permit will be open to the public for review. Once issued, the permit requires the payment on or before March 1st of each year a fee to cover the cost of inspection and other regulation of the facility. The appropriate fee schedule can be found at NAC 444.845. Contact the BWM for more information concerning applicable fees for hazardous waste disposal sites or consult the NDEP regulations in NAC Chapter 444. Permits may not be issued for more than 5 year duration (NRS 459.520).
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