NAC459.95323. Criteria for determination.

     1. Except as otherwise provided in NAC 459.95486, a process is subject to C.A.P.P. if:

     (a) The process is not exempted pursuant to NRS 459.3814 and the process contains a highly hazardous substance in a quantity:

          (1) Equal to or greater than the amount set forth in subsection 1 of NAC 459.9533 under the column labeled “Threshold Quantity”; or

          (2) Less than the amount set forth in subsection 1 of NAC 459.9533 under the column labeled “Threshold Quantity” if there are two or more releases of one or more highly hazardous substances from the facility during a 12-month period and the quantity for each release is in excess of the amount set forth in subsection 1 of NAC 459.9533 for the highly hazardous substance under the column labeled “Two Release Quantity”; or

     (b) The process is an explosives manufacturing operation.

     2. The following highly hazardous substances need not be considered when determining whether at least a threshold quantity is present in a process for the purposes of subsection 1:

     (a) A substance denoted as toxic if the concentration of the substance in a mixture is less than 1 percent by weight of the mixture. Except for oleum, toluene 2, 4-diisocyanate, toluene 2, 6-diisocyanate and toluene diisocyanate (unspecified isomer), if the concentration of the toxic substance in the mixture is 1 percent or greater by weight of the mixture and the owner or operator demonstrates in writing that the partial pressure of the substance in the mixture under handling or storage conditions in any portion of the process is less than 10 millimeters of mercury, the amount of the substance in the mixture in that portion of the process need not be considered when determining whether at least a threshold quantity is present in the process. A toxic substance is designated as “T” in the table in subsection 1 of NAC 459.9533 under the column labeled “Tox (T) or Flam (F).”

     (b) Except as otherwise provided in paragraphs (c) and (d), a substance denoted as flammable if the concentration of the substance in a mixture is less than 1 percent by weight of the mixture or the concentration of the flammable substance in the mixture is 1 percent or greater by weight of the mixture and the owner or operator demonstrates in writing that the mixture does not have a flammability hazard rating of “4” as described in N.F.P.A. 704: Standard System for the Identification of the Hazards of Materials for Emergency Response, which is adopted by reference pursuant to NAC 459.95528. If the concentration of the flammable substance in the mixture is 1 percent or greater by weight of the mixture and the owner or operator does not demonstrate that the mixture does not have a flammability hazard rating of “4,” the entire weight of the mixture must be treated as the flammable substance to determine whether a threshold quantity is present at the facility. The boiling and flash point must be defined and determined pursuant to N.F.P.A. 30: Flammable and Combustible Liquids Code, which is adopted by reference pursuant to NAC 459.95528. A flammable substance is designated as “F” in the table in subsection 1 of NAC 459.9533 under the column labeled “Tox (T) or Flam (F).”

     (c) Gasoline if it is distributed or stored for use as fuel for an internal combustion engine.

     (d) A naturally occurring hydrocarbon mixture before such a mixture has entered into a natural gas processing plant or a petroleum refining process unit. A naturally occurring hydrocarbon mixture includes any combination of condensate, crude oil, field gas and produced water.

     (e) A substance that is contained in an article.

     (f) A substance when it is being used:

          (1) As a structural component of the facility;

          (2) With products for routine janitorial maintenance;

          (3) By employees in foods, drugs, cosmetics or other personal items;

          (4) In process water or noncontact cooling water drawn from the environment or municipal sources; or

          (5) In air as compressed air or as part of combustion.

     (g) A substance that is manufactured, processed or used in a laboratory at a facility under the supervision of a technically qualified individual as defined in 40 C.F.R. § 720.3(ee). This exemption does not apply to:

          (1) Specialty chemical production;

          (2) The manufacturing, processing or use of a highly hazardous substance in pilot plant scale operations; or

          (3) Activities conducted outside of the laboratory.

     (h) Propane when used as a fuel or held for sale as a fuel at a retail facility.

     3. As used in this section:

     (a) “Article” has the meaning ascribed to it in 29 C.F.R. § 1910.1200(c).

     (b) “Crude oil” means a naturally occurring, unrefined petroleum liquid.

     (c) “Petroleum refining process” means a process that:

          (1) Is used in an establishment which is primarily engaged in petroleum refining as defined in N.A.I.C.S. Code 32411, which is adopted by reference pursuant to NAC 459.95528; and

          (2) Is used to:

               (I) Produce a transportation fuel such as gasoline, diesel fuel or jet fuel;

               (II) Produce a heating fuel such as kerosene, fuel gas distillate or fuel oil;

               (III) Produce a lubricant;

               (IV) Separate petroleum; or

               (V) Separate, crack, react or reform an intermediate petroleum stream.

     (d) “Retail facility” means a facility at which more than one-half of the income is obtained from direct sales to end users or at which more than one-half of the fuel sold, by volume, is sold through a cylinder exchange program.

     (Added to NAC by Environmental Comm’n by R121-98, eff. 5-27-99; A by R041-01, 10-25-2001; R137-04, 2-15-2005)