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Petition No. 2004-25

LCB File No. R137-04

Date Received by Commission: October 12, 2004

Summary: Chemical Accident Prevention (CAPP)

Current Status: Permanent Filed w/Sec of State 02/17/05

Nevada Administrative Code: NAC 4459

Permanent Adoption: November 30, 2004

Chemical Action Prevention (CAPP): This regulation proposes amendments to the section of Chapter 459 of the Nevada Administrative Code related to the Regulation of Highly Hazardous Substances and Explosives. These regulatory amendments are being proposed primarily to enact amendments made to the program's enabling statute by the 2003 Legislature (i.e., NRS 459.380 to 459.3874, as amended by Senate Bill 127). Substantive changes include identifying in the regulation, as opposed to in the statute, the list of highly hazardous substances; this will allow flexibility for adopting newly recognized hazards and developing specific lists of regulated explosives. The proposed regulation will specify the procedure for issuing cease and desist orders in cases where danger to employees or the public is imminent. The proposed regulation will also allow NDEP to conduct investigations of accidents. Additionally, program structure will be significantly revised to enable more thorough and efficient implementation of accident prevention program requirements.

Annotated History of the Petition: Petition 2004-25 received as a permanent petition from the Executive Secretary of SEC on 10/12/2004 for adoption 11/30/2004 hearing of the SEC.

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