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Petition No.P2005-08

Adoption of Federal Regulations by Reference Governing Hazardous Waste Management

LCB File No. R-175-05

Nevada Administrative Code: NAC 444

Description of Petition: This proposed regulation is needed to incorporate changes to the federal hazardous waste regulations that are currently in conflict with Nevada's existing State regulations. The regulation will revise State regulations to be more consistent with federal regulations.

The regulation will amend Chapter 444 of the Nevada Administrative Code (NAC). The proposed amendments will update Nevada's adoption of federal regulations by reference by modifying NAC 444.8427, 84275, 850, 8688, 8871, 8881, 8926, 8931, 8941, 9006, 9011 and 9452 to refer to the federal regulations as they existed on July 1, 2005. The regulation will further modify NAC 444.8632 to adopt federal regulations 40 CFR Parts 2, Subpart A, 124, Subparts A and B, Parts 260 to 270, inclusive, and Part 279 as those parts existed on July 1, 2005. The regulation also updates NAC 444.8618, 86334, 8951 and 8996 to account for the address change regarding the recent move of the Nevada Division of Environmental Protection (NDEP) into the Bryan State Office Building located at 901 South Stewart Street, Suite 4001, Carson City, NV 89701-5249.

Corresponding changes to NAC 444.86325 and 8633 are further proposed to continue to exclude federal provisions previously not adopted and to provide for standard word substitutions to insure that NDEP and the US Environmental Protection Agency (US EPA) are properly referenced in the NACs.

As way of background, the federal regulatory changes adopted by US EPA (between July 1, 2003 and July 1, 2005) include clarification of the used oil management standards, revisions to the National Performance Track Program, new listing of hazardous wastes from the dye and pigment industries and revisions to related land disposal restrictions. The regulatory changes also include standardization of the Uniform Hazardous Waste Manifest and updates to the analytical and sampling methods approved for use in complying with Resource Conservation Recovery and Act (RCRA) regulations.

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