Nev. Admin. Code § 444.8633 - Revision of certain terms referred to in federal regulations adopted by reference

Except as otherwise provided in NAC 444.8634:

1. Any references in any part of Title 40 of the Code of Federal Regulations to the U.S. Environmental Protection Agency, "United States Environmental Protection Agency," "Agency," "EPA Headquarters," "EPA Region(s)" or "EPA" which have been adopted by reference in NAC 444.8632 shall be deemed to mean the "Department" with the following exceptions:

(a) Any reference to "EPA" identification numbers;

(b) Any reference to "EPA" hazardous waste numbers;

(c) Any reference to "EPA" test methods;

(d) Any reference to "EPA" forms;

(e) Any reference to "EPA" publications or manuals;

(f) Any reference to "EPA" guidance;

(g) Any reference to "EPA" Acknowledgment of Consent;

(h) Any reference to "EPA" or "Agency" in:

(1) Sections 124.1(f), 124.2(b), 124.6(e) and 124.10(c)(1)(ii);

(2) The provisions of section 124.2(a) defining "Administrator," "Director," "EPA," "permit," "person" and "Regional Administrator";

(3) The provisions of section 260.10 defining "Administrator," "EPA Region," "federal agency," "person" and "Regional Administrator";

(4) Sections 260.4(a)(4), 260.5(b)(2), 260.11 and Part 260, Appendix I;

(5) Sections 261.39(a)(5), 261.41 and Part 261, Appendix IX;

(6) Section 262.32(b) and Part 262, Subpart H;

(7) The Note following section 263.10(a);

(8) Sections 264.11, 264.12(a) and 264.71;

(9) Sections 265.11, 265.12(a) and 265.71;

(10) Sections 268.1(e)(3) and 268.2(j);

(11) Sections 270.1(a)(1), 270.1(b), 270.3, 270.5, 270.10(e)(1) -(2), 270.11(a)(3), 270.32(a), 270.32(c), 270.51, 270.72(a)(5) and 270.72(b)(5);

(12) The provisions of section 270.2 defining "Administrator," "approved program or approved State," "Director," "Environmental Protection Agency," "EPA," "final authorization," "permit," "person," "Regional Administrator" and "state/EPA agreement"; and

(13) Section 279.82(b);

(i) Any reference to "EPA," "Agency" or "EPA Director of the Office of Solid Waste" in sections 262.21 and 262.24(a)(3) and any subsequent reference to EPA's oversight of the manifest registry process in Part 262, Subparts C and H, sections 264.71(j), 265.71(j), Part 264, Subpart FF and Part 265, Subpart FF; and

(j) Any reference to "EPA," "federal requirements" or internal reference to section 262.25 in any of the provisions addressing the federal requirements for electronic manifest signatures in Title 40 of the Code of Federal Regulations.

2. Any references in any part of Title 40 of the Code of Federal Regulations to the "Regional Administrator", "Administrator" or "the Regional Administrator, or State Director (if located in an authorized State)" which have been adopted by reference shall be deemed to mean the "Director" with the following exceptions:

(a) The provisions of section 124.2(a) defining "Administrator," "Director," "interstate agency," "major facility" and "Regional Administrator";

(b) Sections 124.2(b), 124.5(d), 124.6(e) and 124.10(b);

(c) The provisions of section 260.10 defining "Administrator," "Regional Administrator" and "hazardous waste constituent";

(d) Sections 260.23 and 260.30 to 260.34, inclusive;

(e) Sections 261.30(b), 261.4 and Part 261, Appendix IX;

(f) Part 262, Subpart H;

(g) Sections 263.11 and 264.1(j)(1);

(h) Sections 268.5, 268.6, 268.42(b) and 268.44(a) -(g);

(i) The provisions of section 270.2 defining "Administrator," "Director," "major facility," "Regional Administrator" and "state/EPA agreement"; and

(j) Sections 270.3, 270.5, 270.10(e)(1) -(2), 270.10(e)(4), 270.10(f) -(g), 270.11(a)(3), 270.14(b)(20), 270.32(b)(2) and 270.51.

3. Any references in any part of Title 40 of the Code of Federal Regulations to the Resource Conservation and Recovery Act, "RCRA," "Subtitle C of RCRA," "RCRA Subtitle C" or "Subtitle C" which have been adopted by reference in NAC 444.8632 shall be deemed to mean "NRS 459.400 to 459.600, inclusive," when referring to an operating permit or to the federal hazardous waste program, with the following exceptions:

(a) Any references to a specific provision of the Resource Conservation and Recovery Act, "RCRA," "Subtitle C of RCRA," "RCRA Subtitle C" or "Subtitle C";

(b) The provisions of section 124.2 defining "appropriate act and regulations" and "RCRA";

(c) The provisions of section 260.10 defining "Act or RCRA";

(d) Part 261, Appendix IX;

(e) Section 270.1(a)(2); and

(f) The provisions of section 270.2 defining "RCRA" and the provision of section 270.51 defining "RCRA permit."

4. Following any references in any part of Title 40 of the Code of Federal Regulations to a specific provision of the Resource Conservation and Recovery Act, "RCRA," "Subtitle C of RCRA," "RCRA Subtitle C" or "Subtitle C," which have been adopted by reference in NAC 444.8632, the phrase "or any comparable provisions of NRS 459.400 to 459.600, inclusive, and any regulations adopted pursuant thereto" shall be deemed to be added with the following exceptions:

(a) Section 270.1(a)(2);

(b) Section 270.72(a)(5); and

(c) Section 270.72(b)(5).

5. Any references in any part of Title 40 of the Code of Federal Regulations to the "Department of Transportation" or "DOT" which have been adopted by reference in NAC 444.8632 shall be deemed to mean "the Department of Transportation of the United States."

6. Any references in any part of Title 40 of the Code of Federal Regulations to "state(s)," "authorized state," "approved state" or "approved program" which have been adopted by reference in NAC 444.8632 shall be deemed to mean "Nevada" with the following exceptions:

(a) The provisions of section 124.2(a) defining "Director," "interstate agency," "person" and "state";

(b) The provisions of section 260.10 defining "person," "state" and "United States";

(c) Part 262;

(d) Sections 264.143(e)(1), 264.145(e)(1), 264.147(a)(1)(ii), 264.147(b)(1)(ii), 264.147(g)(2) and 264.147(i)(4);

(e) Sections 265.143(d)(1), 265.145(d)(1), 265.147(a)(1)(ii), 265.147(b)(1)(ii), 265.147(g)(2) and 265.147(i)(4);

(f) Section 267.147(g)(2); and

(g) The provisions of section 270.2 defining "approved program or approved State," "Director," "final authorization," "person" and "state."

Notes

Nev. Admin. Code § 444.8633

Added to NAC by Environmental Comm'n, eff. 6-29-84; A 7-22-87; 9-19-90; 1-2-92; 10-29-93; R019-00, 5-26-2000; R175-05, 5-4-2006; R015-08, 4-17-2008; A by R091-16A, eff. 11/2/2016; A by R084-19A, eff. 8/26/2020

NRS 459.485, 459.490