NAC459.95488. Grant of exemption from C.A.P.P.: Procedure; considerations.

     1. In order to be granted an exemption by the State Environmental Commission from C.A.P.P., the owner or operator of a facility with a process that is subject to C.A.P.P. pursuant to subparagraph (2) of paragraph (a) of subsection 1 of NAC 459.95323 must submit:

     (a) A written letter to the Division requesting exemption from C.A.P.P.; and

     (b) A list indicating that the recommendations developed pursuant to subsection 8 of NAC 459.95414 have been implemented. The list must be certified pursuant to NAC 459.95337.

     2. Not later than 60 calendar days after the Division receives the information submitted to it pursuant to subsection 1, the Division shall verify compliance with paragraphs (a), (b) and (c) of subsection 1 of NAC 459.95486.

     3. Not later than 90 calendar days after the Division receives the information submitted to it pursuant to subsection 1, the Division shall:

     (a) Document its findings concerning the verification made pursuant to subsection 2; and

     (b) Notify the owner or operator in writing of the findings made pursuant to paragraph (a).

     4. Once the owner or operator has received notice that the Division has verified compliance with paragraphs (a), (b) and (c) of subsection 1 of NAC 459.95486, he or she may petition the State Environmental Commission to become exempt from C.A.P.P. by filing with the Secretary of the State Environmental Commission:

     (a) A letter requesting exemption from C.A.P.P.; and

     (b) A copy of the findings of the Division made pursuant to subsection 3.

     5. Upon receiving the letter and findings from an owner or operator pursuant to subsection 4, the Secretary of the State Environmental Commission shall:

     (a) Schedule a review of the petition at the next meeting of the State Environmental Commission; and

     (b) Notify the public by publication and the use of public service announcements of the petition.

     6. At the hearing, the State Environmental Commission will consider the following to determine whether it will grant the petition:

     (a) Whether the causes of any releases have been adequately mitigated to prevent future releases;

     (b) Whether the facility has an adequate program in place to maintain the accident prevention program established pursuant to C.A.P.P.;

     (c) Whether the Division believes that the exemption should be granted; and

     (d) Whether the facility has had an accidental release since becoming subject to C.A.P.P.

     7. If the State Environmental Commission:

     (a) Grants the exemption, the exemption will become effective on the day following the hearing.

     (b) Does not grant the exemption, the Commission will provide the owner or operator with an explanation of the reason the Commission denied the exemption.

     8. The owner or operator may reapply for the exemption at any time.

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