NAC459.953467. Conditions for issuance of permit to construct; approval of site plan; certain modifications in construction to be reflected in pre-start-up safety review.

     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)