Nev. Admin. Code § 444.86325 - Exceptions to and revision of federal regulations adopted by reference
1. The following sections and parts of Title
40 of the Code of Federal Regulations, and any reference to those sections and
parts, are not adopted by reference:
(a)
Section 2.101(a)(1) -(4);
(b)
Sections 124.1(b) -(e), 124.4, 124.5(e), 124.9, 124.10(a)(1)(iv), 124.15(b)(2),
124.16, 124.17(b), 124.18, 124.19 and 124.21;
(c) Sections 260.1(b)(4) -(6) and 260.20,
260.21, 260.22 and 260.42;
(d)
Sections 261.4(a)(23), 261.4(a)(24), 261.4(a)(27), 261.4(b)(4), 261.4(h),
261.400(a) -(b), 261.410(e) -(f), 261.411, 261.420, 261.1035(b)(1) and
261.1064(b)(2);
(e) Section
262.10(l), 262.13(f)(1)(iii) and Part 262, Subpart K;
(f) Sections 264.1(d), 264.1(f),
264.15(b)(5), 264.149, 264.150, 264.301(l), 264.1050(h), 265.1(c)(4), 265.149,
265.150, 265.430 and 265.1050(g);
(g) Section 266.111;
(h) Section 267.150;
(i) Sections 268.5 and 268.6, Part 268,
Subpart B, and sections 268.42(b) and 268.44;
(j) Sections 270.1(c)(1)(i), 270.60(b) and
270.64;
(k) Part 278; and
(l) Sections 279.10(b)(2), 279.10(b)(3),
279.10(c), 279.10(d)(1), 279.42(b)(2), 279.51(b)(2), 279.62(b)(2) and
279.73(b)(2).
2. The
following parts and sections of Title 40 of the Code of Federal Regulations are
adopted by reference, as revised in this subsection:
(a) Part 124 is adopted with the following
exceptions:
(1) Delete all references to
appeals to the Administrator in section 124.5(b);
(2) Delete all references to "EPA-issued
permits" and insert in its place "permits issued by the Department," except in
sections 124.5(d), 124.10(b) and 124.10(d)(1)(vi);
(3) Delete all references to "when EPA is the
permitting issuing authority" and insert in its place "when the Department is
authorized to issue a permit," except in sections 124.5(d), 124.10(b) and
124.10(d)(1)(vi);
(4) Subpart A is
adopted solely for the purpose of establishing procedures for permits for the
management of hazardous waste, except that all references to "UIC," "PSD" and
"NPDES" are deleted;
(5) Delete all
references to "RCRA part B," "part B RCRA" and "part B" and insert in their
place "NRS 459.400 to
459.600,
inclusive," in sections 124.31 and 124.32; and
(6) Delete from sections 124.31(a), 124.32(a)
and 124.33(a) the following sentence: "For the purposes of this section only,
'hazardous waste management units over which EPA has permit issuance authority'
refers to hazardous waste management units for which the State where the units
are located has not been authorized to issue RCRA permits pursuant to 40 C.F.R.
part 271."
(b) Section
260.2(a) is adopted except that " the Freedom of Information Act,
5
U.S.C. §
552, section 3007(b) of RCRA
and EPA regulations implementing the Freedom of Information Act and section
3007(b) " must be replaced with "NRS
459.555 and any regulations adopted pursuant
thereto."
(c) The definition of
"hazardous secondary material generator" in section 260.10 is adopted except
that "261.2(a)(2)(ii) and" is deleted.
(d) Section 260.11(a) is adopted except that
"and 278" is deleted.
(e) Section
260.11(c)(3)(vii) is adopted except that "and § 278.3(b)(1) " is
deleted.
(f) Section 260.33(b) is
adopted except that "in the locality where the recycler is located" is
deleted.
(g) Section 260.34(a) is
adopted except that "Determinations may also be granted by the State if the
State is either authorized for this provision or if the following conditions
are met:
(1) The State determines the
hazardous secondary material meets the criteria in paragraphs (b) or (c) of
this section, as applicable;
(2) The
State requests that EPA review its determination; and
(3) EPA approves the State determination" is
deleted.
(h) Section
260.41(a) is adopted except that "or unless review by the Administrator is
requested. The order may be appealed to the Administrator by any person who
participated in the public hearing. The Administrator may choose to grant or to
deny the appeal" is deleted.
(i)
Section 261.4(e)(3)(iii) is adopted except that "in the Region where the sample
is collected" is deleted.
(j)
Section 262.11(d)(2) is adopted except that ", or according to an equivalent
method approved by the Administrator under
40 C.F.R.
Part 260.21 " is deleted.
(k) Sections 262.42(a)(2) and 262.42(b) are
adopted except that "for the Region in which the generator is located" is
deleted.
(l) Sections 264.18(c) and
265.18 are adopted except that "except for the Department of Energy Waste
Isolation Pilot Project in New Mexico" is deleted.
(m) Sections 264.143(h), 264.145(h),
265.143(g) and 265.145(g) are adopted except that "If the facilities covered by
the mechanism are in more than one Region, identical evidence of financial
assurance must be submitted to and maintained with the Regional Administrators
of all such Regions" is deleted and replaced with "If the facilities covered by
the mechanism are in this State and another state, identical evidence of
financial assurance must be submitted to and maintained with the Division and
the agency regulating hazardous waste in the other state or, if the other state
has not been approved or authorized by the EPA under 40 C.F.R. Part 271, the
EPA Regional Administrator."
(n)
Sections 264.147(a)(1)(i), 264.147(b)(1)(i) and 265.147(a)(1)(i) are adopted
except that "or Regional Administrators if the facilities are located in more
than one Region" is deleted.
(o)
Section 264.151 is adopted with the following exceptions:
(1) Replace any requirement that an owner or
operator notify the EPA Regional Administrator of the financial obligations of
the owner or operator with a requirement that the owner or operator notify the
Director, the agency regulating hazardous waste in a state that has been
approved or authorized by the EPA under 40 C.F.R. Part 271 and all EPA Regional
Administrators of Regions affected by the financial assurance mechanism of the
owner or operator;
(2) Require that
all orders, requests, instructions and notices to the Trustee regarding a
financial assurance mechanism for a facility in this State be in writing and
signed by the Director; and
(3)
Delete "an agency of the United States Government" from the second paragraph of
the trust agreement.
(p)
Part 270 is adopted with the following exceptions:
(1) Delete all references to "interim
authorization"; and
(2) Delete "or
267.150 " in § 270.290(r).
(q) Section 279.40(c) is adopted except that
"unless, under the provisions of § 279.10(b), the hazardous waste/used oil
mixture is determined not to be hazardous waste" is deleted.
(r) Section 279.82 is adopted except that:
(1) Delete "except when such activity takes
place in one of the states listed in paragraph (c) of this section";
and
(2) Delete "A State may
petition (e.g., as part of its authorization petition submitted to EPA under
§ 271.5 of this chapter or by a separate submission) EPA to allow the use
of used oil (that is not mixed with hazardous waste and does not exhibit a
characteristic other than ignitability) as a dust suppressant. The State must
show that it has a program in place to prevent the use of used oil/hazardous
waste mixtures or used oil exhibiting a characteristic other than ignitability
as a dust suppressant. In addition, such programs must minimize the impacts of
use as a dust suppressant on the environment" and replace with "The list of
states given at 279.82(c) are those states which have petitioned EPA to allow
the use of used oil as a dust suppressant and which EPA has granted
permission."
3.
The following sections of Title 40 of the Code of Federal Regulations are
adopted by reference, with the following corrections to internal references:
(a) Delete any references in any part of
Title 40 of the Code of Federal Regulations to "Part 262, Subpart E" and
replace with "Part 262, Subpart H";
(b) In section 261.1089(f), delete
"261.1082(c)(1) or (c)(2)(i) through (vi) " and replace with "261.1082(c)
";
(c) In section 262.20(a)(2),
delete "262.54, and 262.60 " and replace with "262.83(c) -(e) and 262.84
";
(d) In section 260.10, delete
"262.34 " and replace with "262.15 and 262.17 ";
(e) In section 261.4(e)(1), delete "
40 CFR
261.5 and
262.34(d)
" and replace with "
40 CFR
262.13 and
262.16(b)
";
(f) In section 261.11(c), delete
"261.5(c) and replace with "262.13(c) ";
(g) In section 261.30(d), delete "261.5 " and
replace with "262.13 ";
(h) In
section 261.142(a)(3) -(4), delete both references to "§ 265.5113(d) " and
replace with "§ 265.113(d) ";
(i) In Part 261, Appendix IX, delete any
references to "
40 CFR
262.34 " and replace with "
40
CFR 262.15,
262.16
and
262.17
";
(j) In section 262.20(a)(2),
delete both references to "262.34 " and replace with "262.16, 262.17
";
(k) In section 262.212(e)(3),
delete "§ 261.5(c) and (d) " and replace with "§ 262.13(c) and (d)
";
(n) In section 266.100(c)(3), delete
"conditionally exempt small quantity generators under § 261.5 " and
replace with "very small quantity generators under §§ 262.13 and
262.14 ";
(o) In section
266.108(c), delete "§ 261.5 " and replace with "§§ 262.13 and
262.16 ";
Notes
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