Regulatory Petition R032-17

Grant Program and Technical Assistance Program

To comply with the new federal underground storage tank (UST) regulations published on July 15, 2015, the Nevada UST program recently amended regulations NAC 459.9921 through NAC 459.999, inclusive.  The amendments will require all UST owners/operators who are currently subject to the 2005 Energy Policy Act and the new UST regulations to implement regularly scheduled leak detection tests on spill buckets and containment sumps beginning October 2018.  The testing is anticipated to detect a large number of non-compliant UST systems that will require upgrades to their spill buckets and containment sumps.  The upgrades are costly due to the expense of the equipment as well as the labor and mobilization costs charged by the specialists who must travel to each facility and install the equipment.

Senate Bill No. 251, passed into law in 2017, requires the Board to Review Claims to adopt regulations needed to administer a grant program that will minimize the economic burden of compliance with the new UST regulations for owners/operators who have a financial need.  In addition, a technical assistance program will be implemented. 

In October 2018, the Legislative Counsel Bureau (LCB) codified the above Senate Bill and Regulations into Chapter 445C of the Nevada Revised Statutes (NRS) and the Nevada Administrative Code (NAC)

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