State Fire Marshal and State Emergency Response Commission Hazardous Material Inventory Reporting and Permitting Requirements

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     *This summary is to provide an introduction to State and federal laws and regulations relating to Nevada business’ hazardous material and chemical reporting. These pages do not attempt to fully explain all aspects of the applicable laws and regulations. The actual Federal and State laws and regulations must be consulted for complete information. Compliance with this summary will not be a defense to a violation of the laws or regulations.*

      Summary of Laws and Regulations

      Nevada Administrative Code 477.323 states “A person shall not store a hazardous material in excess of the amount set forth in the International Fire Code, 2012 Edition as adopted pursuant to NAC 477.281, unless he has been issued an operational permit by the State Fire Marshal to store that material.” A hazardous materials permit must be renewed annually through the Department of Public Safety, State Fire Marshal’s Division (SFM).

        The Federal Superfund Amendments and Reauthorization Act (SARA) was passed in 1986. Title III of SARA is a freestanding statute titled the Emergency Planning and Community Right-To-Know Act (EPCRA). Among other requirements, EPCRA directed each state to establish a state emergency response commission (SERC) and local emergency planning committees (LEPCs) as repositories for community right-to-know information.

          Section 312 of this federal statute requires covered facilities to submit hazardous chemical inventory forms annually. Facilities subject to the U.S. Occupational Safety and Health Administration (OSHA) Hazard Communication Standard must annually provide chemical information to the state emergency response commission, the local emergency planning committee and the local fire department. Information is required for the hazardous substances at the facility during the preceding calendar year and includes the quantity and location of hazardous chemicals they store or use onsite above the threshold planning quantity. Also required are the categories of each chemical’s physical and health hazards.

            Nevada Revised Statute (NRS) 459.744 and Nevada Administrative Code (NAC) 459.9918 establish requirements and amount of filing fees and surcharges.

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