NAC459.9544. Compliance; exemption.

     1. Except as otherwise provided in subsection 2, the owner or operator of a facility with a process that is subject to C.A.P.P. shall comply with the requirements of NAC 459.95442.

     2. The owner or operator of a facility in which the employees will not respond to an accidental release is not required to comply with the provisions of NAC 459.95442 if:

     (a) For facilities subject to 29 C.F.R. Part 1910, the facility has implemented a written emergency action plan that contains the elements set forth in 29 C.F.R. § 1910.38(c)-(f);

     (b) Appropriate mechanisms are in place to notify emergency responders when there is a need for a response; and

     (c) The facility has coordinated response actions with the local fire department. For response actions to be coordinated, the owner or operator shall:

          (1) Identify the first responding fire station and hazardous materials response station;

          (2) Review the written emergency action plan and appropriate mechanisms for notification developed for the facility with the responders identified in subparagraph (1) or their representatives;

          (3) Keep a written record of such review meetings, including comments by the responders or their representatives to the written emergency action plan and appropriate mechanisms for notification of the responders; and

          (4) Update information on a basis agreeable to the owner or operator and the responders.

     (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)