On August 8, 2005, the Federal Energy Policy Act of 2005 became law and required states that receive federal grant money to promulgate Delivery Prohibition (Red Tag) rules. Changes to the Nevada Administrative Code (NAC), Sections 459.99288 and 459.9941- 459.9944 were adopted April 17, 2008 and authorize the Nevada Division of Environmental Protection (NDEP) to affix a red tag to a fill pipe of a noncompliant underground storage tank (UST).

Please note that prior to issuing a red tag, NDEP willl provide written notice to the owner/operator or onsite employee of the facility that lists each unabated violation(s).

The red tag will serve as notice to the owner/operator that delivery of a regulated substance to the noncompliant tank is prohibited. In addition to placing a red tag on the tank's fill pipe, NDEP will maintain the list noted below of USTs that are ineligible to receive deliveries.

List of Red-Tagged Facilities: The tank systems listed below have been red tagged due to failure by the facility owner/operator to correct operational deficiencies and are therefore in violation of NAC 459.9941.

Note: Once a facility owner/operator rectifies noncompliance issues, the red tag will be removed in accordance with NAC 459.9944 and the tanks(s) will be removed from the above list.

Please contact the UST Program at (775) 687-9368 with any questions regarding the above.

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