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Petition No. 2005-03

LCB File No. R083-05

Nevada Administrative Code: NAC 459.9921 to 459.999

Description of Petition: Regulation R083-05: Regulation of Marina Storage Tanks, adoption of International Fire Code, revised procedures for petroleum contaminate soil, and monitoring of MTBE and other contaminants. This regulation amends NAC 459.9921 to 459.999 by establishing certain requirements for leak detection, prevention, and operation of above ground marina storage tank systems. It adopts by reference the International Fire Code (IFC 2003) for the construction, design, and location of marina tanks, and it provides for an annual registration fee of $50 for each above ground marina storage tank compartment. The regulation also modifies the handling of petroleum-contaminated soils and it requires monitoring for MTBE and any other contaminant in the groundwater as directed by the Nevada Division of Environmental Protection (NDEP).

The regulation will not have an immediate or long-term adverse effect on the public. The economic impact to a business could be substantial, however, if replacement of an existing tank system is required. Information received from attendees at the workshops held by NDEP indicates that the majority of existing facilities would not require tank replacement. There will be a marginal cost to the agency for enforcement of the proposed regulation, which will be recovered by the annual tank registration fee mentioned above.

To a certain extent, the proposed regulation does overlap certain existing regulatory requirements. Specifically, the International Fire Code 2003 (IFC 2003), adopted by the State of Nevada, has requirements for the location and placing of above ground petroleum storage tanks but does not require advanced systems for leak detection and prevention. The proposed regulation expands on the requirements of IFC 2003 and adds certain other requirements similar to those already existing for aboveground storage tanks. Finally, the annual tank registration fee noted above is proposed to recover costs for implementing the regulations.

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