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Petition No. 2003-08

LCB File No. R-208-03

Date Received by Commission: November 06, 2003

Summary: Amendment to hazardous waste regulations, changes definitions

Current Status: Approved by the SEC on February 26, 2004

Nevada Administrative Code: NAC 444.843

Adopted by LCB: April 16, 2004

Petitioner: NDEP-BWM, Doug Zimmerman

Description of Petition: The proposed amendment is to the hazardous waste regulations, NAC Chapter 444. The Division is seeking specific limited changes to the state's definition of hazardous waste as defined at NAC 444.843. These changes establish and define two (2) subcategories of waste that are generated outside the state and will provide for more uniform regulatory treatment and equitable assignment of fees when such wastes are managed in Nevada. The two subcategories identified are remediation wastes and federally delisted wastes. The proposed amendments pertain to NAC 444.842 to 444.960, inclusive. The proposed amendments are needed to mitigate the effects of unequal regulatory treatment of some types of "hazardous waste" as currently defined and regulated by other states (namely, California) when compared to Nevada. The purpose of this regulation is to identify two (2) subcategories of wastes that have been designated by other states as being hazardous, but have been given substantial relief from California regulations governing taxation or fees for disposal. The proposed regulatory action will allow Nevada to adjust (i.e., reduce) or amend the current fee structure, as it applies to wastes that are no longer hazardous wastes, such that hazardous waste disposal facilities in Nevada can more evenly compete for wastes in these categories.

The proposed regulations will not have an economic impacts, either immediate or long term, on the regulated industry. There will be no additional costs to the agency for enforcement of these amendments and the regulations do not overlap or duplicate any regulations of other state or government agencies. These regulations are more stringent than the federal regulation in that the federal regulations do not provide for, or establish, fees for the disposal of waste. The proposed regulations are less stringent than current state regulations defining a hazardous waste, but are at least as stringent as the federal definition of hazardous waste. All fees collected pursuant to NAC 444.8452 regardless of the impact of the proposed change to the state's definition of hazardous waste, will continue to be deposited in the hazardous waste management fund and used for the purposes established by NRS 459.535. Although the Public Service Commission and Division of Emergency Management will not receive funds from fees paid on the new proposed waste subcategories, these changes should prolong the expected life and productive capacity of hazardous waste disposal facilities in Nevada. The revenues received from continued hazardous waste disposal will provide an ongoing benefit to these agencies. Additionally, continued operation of these facilities is a benefit to businesses that are located in Nevada and generate hazardous waste requiring disposal.

Annotated History of the Petition: Petition received by the SEC on November 06, 2003 and approved by the SEC on February 26, 2004. The regulations was subsequently adopted by LCB on April 16, 2004.

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