NAC444.84555. Facility or mobile unit for recycling of hazardous waste: Written determination by Administrator.

     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. The request for public comment must be noticed in a local newspaper of general circulation that is published daily or weekly 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)