Nevada: Codification and Incorporation by Reference of Approved Underground Storage Tank Program

Issuing agencies

Abstract

On September 30, 2021, the State of Nevada (Nevada) received final approval, from the Environmental Protection Agency (EPA), of revisions to its Underground Storage Tank Program (UST Program) under subtitle I of the Resource Conservation and Recovery Act (RCRA). Pursuant to RCRA, the EPA is taking direct final action to codify the approval of Nevada's revised UST Program and incorporate by reference those provisions of Nevada's statutes and regulations that the EPA has determined meet the requirements for approval.

Full Text

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<title>Federal Register, Volume 91 Issue 203 (Thursday, October 22, 2026)</title>
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[Federal Register Volume 91, Number 203 (Thursday, October 22, 2026)]
[Rules and Regulations]
[Pages 66652-66655]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21603]



[[Page 66652]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R09-UST-2025-0703; FRL-12910-02-R9]


Nevada: Codification and Incorporation by Reference of Approved 
Underground Storage Tank Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On September 30, 2021, the State of Nevada (Nevada) received 
final approval, from the Environmental Protection Agency (EPA), of 
revisions to its Underground Storage Tank Program (UST Program) under 
subtitle I of the Resource Conservation and Recovery Act (RCRA). 
Pursuant to RCRA, the EPA is taking direct final action to codify the 
approval of Nevada's revised UST Program and incorporate by reference 
those provisions of Nevada's statutes and regulations that the EPA has 
determined meet the requirements for approval.

DATES: This rule is effective December 21, 2026, unless the EPA 
receives adverse comment by November 23, 2026. If the EPA receives 
adverse comment, it will publish a timely withdrawal in the Federal 
Register informing the public that the rule will not take effect. The 
incorporation by reference of certain publications listed in the 
regulations is approved by the Director of the Federal Register as of 
December 21, 2026.

ADDRESSES: Submit your comments by one of the following methods:
    <bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a> 
(our preferred method). Follow the online instructions for submitting 
comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#ee8d819d9d8180c083878d868f8b82ae8b9e8fc0898198"><span class="__cf_email__" data-cfemail="a4c7cbd7d7cbca8ac9cdc7ccc5c1c8e4c1d4c58ac3cbd2">[email&#160;protected]</span></a>. Include the Docket ID No. 
[EPA-R09-UST-2025-0703] in the subject line of the message.
    Instructions: The EPA's policy is that all comments received 
through email will be included in the public docket without change and 
may be available online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any 
personal information provided, unless the comment includes information 
claimed to be Confidential Business Information (CBI) or other 
information for which disclosure is restricted by statute. Do not 
submit information that you consider to be CBI or otherwise protected 
through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or email. The Federal <a href="https://www.regulations.gov">https://www.regulations.gov</a> website is an ``anonymous access'' system, which 
means the EPA will not know your identity or contact information unless 
you provide it in the body of your comment. If you send an email 
comment directly to the EPA without going through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the internet. If you submit an electronic 
comment, the EPA recommends that you include your name and other 
contact information in the body of your comment. If the EPA cannot read 
your comment due to technical difficulties, and cannot contact you for 
clarification, the EPA may not be able to consider your comment. 
Electronic files should avoid the use of special characters, any form 
of encryption, and be free of any defects or viruses.
    The EPA encourages electronic comment submittals, but if you are 
unable to submit electronically or need other assistance, please 
contact Michael Cosson, the contact listed in the FOR FURTHER 
INFORMATION CONTACT provision below. The index to the docket for this 
action and all documents that form the basis of this action and 
associated publicly available docket materials are available 
electronically at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For the documents that 
the EPA is incorporating by reference, use the search function to 
perform a search on the Docket ID number, EPA-R09-UST-2025-0703. For 
additional materials related to Nevada's UST Program revisions, search 
on EPA-R09-UST-2021-0597, a related Docket ID number.
    The EPA encourages electronic reviewing of these documents, but if 
you are unable to review these documents electronically, please contact 
Michael Cosson for alternative access to docket materials.
    Please also contact Michael Cosson if you need assistance in a 
language other than English or if you are a person with disabilities 
who needs a reasonable accommodation at no cost to you. For further 
information on EPA Docket Center services, please visit us online at 
<a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.

FOR FURTHER INFORMATION CONTACT: Michael Cosson, RCRA Programs and 
Cleanup Branch, Land, Chemicals, and Redevelopment Division, U.S. 
Environmental Protection Agency, Region 9, 75 Hawthorne Street, San 
Francisco, California 94105; telephone number: (415) 972-3652; email 
address: <a href="/cdn-cgi/l/email-protection#dbb8b4a8a8b4b5f5b6b2b8b3babeb79bbeabbaf5bcb4ad"><span class="__cf_email__" data-cfemail="1a79756969757434777379727b7f765a7f6a7b347d756c">[email&#160;protected]</span></a>. Please contact Michael Cosson by phone 
or email for further information.

SUPPLEMENTARY INFORMATION:

I. Codification of Nevada's Approved Underground Storage Tank Program

A. What is codification?

    Codification is the process of placing citations and references to 
a State's statutes and regulations that comprise a State's approved UST 
program into the Code of Federal Regulations (CFR). The EPA codifies 
its approval of State programs in 40 CFR part 282 and incorporates by 
reference State statutes and regulations that the EPA can enforce, 
after the approval is final, under sections 9005 and 9006 of RCRA, and 
any other applicable statutory provisions. The incorporation by 
reference of EPA-approved State programs in the CFR should 
substantially enhance the public's ability to discern the status of the 
approved State UST programs and State requirements that can be 
federally enforced. This effort provides clear notice to the public of 
the scope of the approved program in each State.

B. What is the history of codification of Nevada's UST Program?

    The EPA originally approved the Nevada UST Program on December 24, 
1992 (57 FR 61376). This approval was effective on March 30, 1993. The 
EPA then incorporated by reference and codified Nevada's approved UST 
program on July 17, 1998 (63 FR 38500), effective September 15, 1998. 
Nevada revised its UST program in response to revisions to the Federal 
UST regulations published in a final rule on July 15, 2015 (80 FR 
41566). On November 20, 2018, in accordance with 40 CFR 281.51(a), 
Nevada submitted an application seeking the EPA's approval for its 
revised UST Program. On July 29, 2021, Nevada submitted amendments to 
the application, based on comments from the EPA. On September 30, 2021, 
the EPA granted final approval to Nevada's revised UST Program (86 FR 
54107), effective November 29, 2021. Through this action, the EPA is 
amending 40 CFR 282.78 to incorporate by reference and codify Nevada's 
revised UST Program.

C. What codification decisions is the EPA making in this rule?

    In this rule, the EPA is finalizing regulatory text that 
incorporates by reference Nevada's revised and federally approved UST 
Program. In accordance with the requirements of 1 CFR 51.5, the EPA is 
incorporating by reference Nevada's regulations as described in the

[[Page 66653]]

amendments to 40 CFR part 282 set forth below.
    Specifically, in 40 CFR 282.78(d)(1)(i), the EPA is incorporating 
by reference portions of Nevada Administrative Code, Chapter 445A--
Water Controls and Nevada Administrative Code, Chapter 459--Hazardous 
Materials. These regulations, which are part of Nevada's approved UST 
Program, establish the rules that Nevada uses to regulate underground 
storage tanks and in particular, to prevent and respond to releases 
from such tanks. The text of the regulations that EPA is incorporating 
by reference can be found in the document titled, ``Nevada Regulatory 
Requirements Applicable to the Underground Storage Tank Program,'' 
dated July 29, 2021. This document is available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching on EPA-R09-UST-2025-0703 and by 
contacting the individual listed in the FOR FURTHER INFORMATION CONTACT 
provision of this preamble. Section 282.78(d)(1)(ii) of 40 CFR 
identifies the Nevada statutes and regulations that are part of the 
approved UST Program, although not incorporated by reference for 
enforcement purposes. Section 282.78(d)(1)(iii) of 40 CFR identifies 
the Nevada statutory and regulatory provisions that are broader in 
scope and therefore not incorporated by reference.
    Sections 282.78(d)(2) through (5) of 40 CFR reference the Attorney 
General's Statement, Demonstration of Adequate Enforcement Procedures, 
Program Description, and Memorandum of Agreement, which are part of 
Nevada's Application and part of the Nevada UST Program under subtitle 
I of RCRA. These materials are available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> by searching on EPA-R09-UST-2021-0597, or by 
contacting the individual listed in the FOR FURTHER INFORMATION CONTACT 
provision of this preamble.

D. What is the effect of the EPA's codification of the federally 
approved Nevada UST Program on enforcement?

    The EPA retains the authority under sections 9003(h), 9005, and 
9006 of subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d, and 6991e, and 
other applicable statutory and regulatory provisions, to undertake 
corrective action, inspections, and enforcement actions, and to issue 
orders in approved States. If the EPA determines it will take such 
actions in Nevada, the EPA will rely on Federal sanctions, Federal 
inspection authorities, and other Federal procedures rather than the 
State analogs. Therefore, the EPA is not incorporating by reference 
Nevada's procedural and enforcement authorities, although they are 
listed in 40 CFR 282.78(d)(1)(ii).

E. What is a ``broader in scope'' provision?

    States may enact laws that are more stringent than their Federal 
counterparts (See RCRA section 9008, 42 U.S.C. 6991g). When an approved 
State program includes requirements that are considered more stringent 
than those required by Federal law, the more stringent requirements 
become part of the federally approved program in accordance with 40 CFR 
281.12(a)(3)(i).
    In addition, States may enact laws which are broader in scope than 
their Federal counterparts in accordance with 40 CFR 281.12(a)(3)(ii). 
State requirements that go beyond the scope of the Federal program are 
broader in scope. These requirements are not part of the federally 
approved program, and the EPA cannot enforce them. Although broader in 
scope requirements in Nevada's UST Program are enforceable by Nevada in 
accordance with Nevada law, they are not Federal RCRA requirements.

F. What State provisions are not part of the codification?

    As discussed above in sections I.C. and I.E. of this preamble, some 
provisions of Nevada's UST Program are not part of the federally 
approved UST Program because they are broader in scope than the Federal 
UST Program. Where an approved State program has provisions that are 
broader in scope than the Federal program, those provisions are not a 
part of the federally approved program. As a result, State provisions 
which are broader in scope than the Federal program are not 
incorporated by reference in 40 CFR part 282 for purposes of 
enforcement (See 40 CFR 281.12(a)(3)(ii)). For reference and clarity, 
40 CFR 282.78(d)(1)(iii) lists the Nevada statutory and regulatory 
provisions which are broader in scope than the Federal program. These 
provisions are, therefore, not part of the approved UST Program that 
the EPA is codifying. Although these provisions cannot be enforced by 
the EPA, Nevada will continue to implement and enforce such provisions 
under Nevada law.

II. Statutory and Executive Order (E.O.) Reviews

    The EPA's action merely codifies Nevada's revised UST Program 
requirements pursuant to RCRA section 9004, and it does not impose 
additional requirements other than those imposed by Nevada law. For 
that reason, this action:
    <bullet> Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Order 12866 (58 
FR 51735, October 4, 1993);
    <bullet> Is not an Executive Order 14192 (90 FR 9065, February 6, 
2025) regulatory action because it is not significant under Executive 
Order 12866;
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
    <bullet> Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
    <bullet> Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> Is not subject to the requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with RCRA;
    In addition, this action does not apply on any Indian reservation 
land or in any other area where the EPA or an Indian Tribe has 
demonstrated that a Tribe has jurisdiction. In those areas of Indian 
country, the final rule does not have Tribal implications and will not 
impose substantial direct costs on Tribal governments or preempt Tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).
    This action is subject to the Congressional Review Act, and the EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    This final action will be effective December 21, 2026.

List of Subjects in 40 CFR Part 282

    Environmental protection, Administrative practice and procedure, 
Hazardous substances, Incorporation by reference, Petroleum, Reporting 
and recordkeeping requirements, State program approval, Underground 
storage tanks.


[[Page 66654]]


    Authority: This action is issued under the authority of sections 
2002(a), 7004(b), 9004, 9005, and 9006 of the Solid Waste Disposal 
Act, as amended, 42 U.S.C. 6912(a), 6974(b), 6991c, 6991d, and 
6991e.

Michael Martucci,
Acting Regional Administrator, Region 9.

    For the reasons set forth in the preamble, the EPA is amending 40 
CFR part 282 as follows:

PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS

0
1. The authority citation for part 282 continues to read as follows:

    Authority:  42 U.S.C. 6912, 6991c, 6991d, and 6991e.


0
2. Revise and republish Sec.  282.78 to read as follows:


Sec.  282.78  Nevada State-Administered Program.

    (a) History of the approval of Nevada's program. The State of 
Nevada (Nevada) is approved to administer and enforce an underground 
storage tank (UST) program in lieu of the Federal program under 
subtitle I of the Resource Conservation and Recovery Act of 1976 
(RCRA), as amended, 42 U.S.C. 6991 et seq. Nevada's Underground Storage 
Tank Program (UST Program), as administered by the Nevada Division of 
Environmental Protection (NDEP), was approved by the EPA pursuant to 42 
U.S.C. 6991c and part 281 of this chapter. The EPA approved the Nevada 
UST Program on December 24, 1992, and it was effective on March 30, 
1993. A subsequent program revision received final approval from the 
EPA on September 30, 2021, and became effective on November 29, 2021.
    (b) Enforcement authority. Nevada has primary responsibility for 
administering and enforcing its federally approved UST Program. 
However, the EPA retains the authority to exercise its corrective 
action, inspection, and enforcement authorities under sections 9003(h), 
9005, and 9006 of subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d, and 
6991e, as well as under any other applicable statutory and regulatory 
provisions.
    (c) Retention of program approval. To retain program approval, 
Nevada must revise its approved UST Program to adopt new changes to the 
Federal subtitle I program which make it more stringent, in accordance 
with section 9004 of RCRA, 42 U.S.C. 6991c, and 40 CFR part 281, 
subpart E. If Nevada obtains approval for revised requirements pursuant 
to section 9004 of RCRA, 42 U.S.C. 6991c, the newly approved statutory 
and regulatory provisions will be added to this subpart and notice of 
any change will be published in the Federal Register.
    (d) Final approval. Nevada has final approval for the following 
elements of its UST Program, originally submitted to the EPA on October 
1, 1992, and approved effective March 30, 1993, and the program 
revisions approved by the EPA effective on November 29, 2021:
    (1) State statutes and regulations. (i) Incorporation by reference. 
The Nevada materials cited in this paragraph (d)(1)(i), and listed in 
appendix A to this part, are incorporated by reference as part of the 
UST Program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. (See Sec.  
282.2 for incorporation by reference approval and inspection 
information). You may obtain copies of the Nevada regulations that are 
incorporated by reference in this paragraph from the Nevada State 
Office Library, Board Room, 100 Stewart Street, Carson City, Nevada 
89701; telephone number: 775-684-3360; email: <a href="/cdn-cgi/l/email-protection#ed81848f9f8c9f94ad818e8fc39e998c9988c3839bc3989e"><span class="__cf_email__" data-cfemail="f894919a8a998a81b8949b9ad68b8c998c9dd6968ed68d8b">[email&#160;protected]</span></a>; 
website: <a href="https://www.leg.state.nv.us">https://www.leg.state.nv.us</a>.
    (A) Nevada Regulatory Requirements Applicable to the Underground 
Storage Tank Program, dated July 29, 2021.
    (B) [Reserved]
    (ii) Legal basis. The EPA considered the following statutes and 
regulations which provide the legal basis for Nevada's implementation 
of the UST Program. Although these statutes and regulations are part of 
the approved program, they are not being incorporated by reference for 
enforcement purposes and do not replace Federal authorities.
    (A) NRS, Chapter 439--Administration of Public Health, Section 
439.200 insofar as it establishes the authority of the State Board of 
Health to adopt and enforce public health regulations.
    (B) NRS, Chapter 445A--Water Controls, Sections 445A.300 through 
445A.730 insofar as they establish the authority of State agencies to 
control water pollution.
    (C) NRS, Chapter 445C--Environmental Requirements, Sections 
445C.010 through 445C.120 insofar as they establish certain liability 
protections for regulated persons performing environmental audits.
    (D) NRS, Chapter 459--Hazardous Materials
    (1) Section 459.485 insofar as it establishes duties of the State 
Environmental Commission.
    (2) Sections 495.800 through 459.856 (except Sections 459.812(2), 
459.820(2) 459.836(3), 459.838, and 459.840) insofar as they establish 
the authority of State agencies to regulate storage tanks.
    (E) Nevada Administrative Code (NAC), Chapter 445A--Water Controls
    (1) Sections 445A.2261, 445A.22615, and 445A.22633 insofar as these 
definitions are exclusive to NAC 445A and not necessary for 
interpreting the sections of NAC, Chapter 445A that are incorporated by 
reference.
    (2) Sections 445A.2269, 445A.22691, 445A.22693, 445A.22705, 
445A.2271 (except as it pertains to hazardous waste), 445A.2273 (except 
as it pertains to hazardous waste), and 445A.22745 insofar as they 
establish NDEP-specific procedures, requirements, and authorities 
related to the assessment of a release.
    (3) Sections 445A.22695(2), 445A.22697, 445A.227, 445A.22725, and 
445A.2275 insofar as they establish procedures and authorities related 
to corrective action.
    (4) Sections 445A.2272 and 445A.22735 insofar as they establish 
procedures and requirements for determining action levels.
    (5) Section 445A.22755 insofar as it provides for the holding of 
public hearings regarding corrective action.
    (F) NAC, Chapter 445C--Environmental Requirements insofar as it 
concerns environmental audits and the administration of Nevada's Fund 
for Cleaning Up Discharges of Petroleum.
    (G) NAC, Chapter 459--Hazardous Materials
    (1) Sections 459.99288 and 459.9941 through 459.9944 insofar as 
they relate to delivery prohibition, a State-only enforcement option.
    (2) Section 459.9948(3) insofar as it relates to the NDEP's 
authority to waive under-dispenser container requirements under certain 
circumstances.
    (3) Sections 459.9988(2) and (3) insofar as they relate to 
authorities of the NDEP to require additional assessment.
    (iii) Other provisions not incorporated by reference. The following 
statutory and regulatory provisions applicable to the Nevada UST 
Program are broader in scope than the Federal program. Therefore, these 
provisions are not part of the approved UST Program and are not 
incorporated by reference in this section:
    (A) NRS, Chapter 445C--Environmental Requirements, Cleanup of 
Discharged Petroleum, Sections 445C.150 through 445C.410, are broader 
in scope than the Federal program insofar as they relate to the 
establishment and administration of Nevada's Fund for Cleaning Up 
Discharges of Petroleum, a State-only fund.

[[Page 66655]]

    (B) NRS, Chapter 459--Hazardous Waste Materials, Disposal of 
Hazardous Waste
    (1) Sections 459.812(2) and 459.820(2) are broader in scope than 
the Federal underground storage tank program insofar as these 
definitions are exclusive to aboveground storage tanks.
    (2) Sections 459.836(3), 459.838, and 459.840 are broader in scope 
than the Federal program insofar as they are applicable to certain 
State-only fees and funds.
    (C) NAC, Chapter 445A--Water Controls, Sections 445A.2271 and 
445A.2273 are broader in scope to the extent that they pertain to 
hazardous waste, which is regulated under RCRA Subtitle C.
    (D) NAC, Chapter 459--Hazardous Materials
    (1) Section 459.99285 is broader in scope as to the definition of 
``marina storage tank'' insofar as this is a type of aboveground 
storage tank that is not regulated under the Federal UST program.
    (2) Sections 459.9933 through 459.9938 are broader in scope insofar 
as they include State-only provisions that only apply to marina storage 
tanks.
    (2) Statement of legal authority. The Attorney General's Statement, 
signed by a Nevada Senior Deputy Attorney General on November 2, 2018, 
though not incorporated by reference, is referenced as part of the 
approved underground storage tank program under subtitle I of RCRA, 42 
U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted in 
the application on November 20, 2018, though not incorporated by 
reference, is referenced as part of the approved underground storage 
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (4) Program description. The program description dated November 
2018, and as amended in July 2021, though not incorporated by 
reference, is referenced as part of the approved underground storage 
tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region 9 and the NDEP, signed by the EPA Regional Administrator on 
April 3, 2019, though not incorporated by reference, is referenced as 
part of the approved underground storage tank program under subtitle I 
of RCRA, 42 U.S.C. 6991 et seq.
0
3. Amend appendix A to part 282 by revising the entry for Nevada to 
read as follows:

Appendix A to Part 282--State Requirements Incorporated by Reference in 
Part 282 of the Code of Federal Regulations

* * * * *

Nevada

    (a) The regulatory provisions include:
    (1) Nevada Administrative Code, Chapter 445A--Water Controls:
    Section 445A.226 Definitions.
    Section 445A.22605 ``Action level'' defined.
    Section 445A.2262 ``Corrective action'' defined.
    Section 445A.22625 ``Director'' defined.
    Section 445A.2263 ``Division'' defined.
    Section 445A.22635 ``Groundwater'' defined.
    Section 445A.2264 ``Hazardous substance'' defined.
    Section 445A.22645 ``Hazardous waste'' defined.
    Section 445A.2265 ``Operator'' defined.
    Section 445A.22655 ``Owner'' defined.
    Section 445A.2266 ``Person'' defined.
    Section 445A.22665 ``Regulated substance'' defined.
    Section 445A.2267 ``Release'' defined.
    Section 445A.22675 ``Remediation standard'' defined.
    Section 445A.2268 ``Surface water'' defined.
    Section 445A.22685 Applicability.
    Section 445A.22695 Immediate action required under certain 
circumstances; Director may waive certain requirements (except (2) 
insofar as it relates to the State's authority to require immediate 
action).
    Section 445A.2274 Contamination of groundwater: Remediation 
standard.
    Section 445A.3451 ``Confirmed release from an underground 
storage tank'' defined.
    Section 445A.347 Notification required within 1 working day.
    (2) Nevada Administrative Code, Chapter 459--Hazardous 
Materials:
    Section 459.9921 Definitions.
    Section 459.9922 ``Assessment'' defined.
    Section 459.9924 ``Corrective action'' defined.
    Section 459.9925 ``Department'' defined.
    Section 459.9927 ``Division'' defined.
    Section 459.9928 ``Groundwater'' defined.
    Section 459.99283 ``Listed'' defined.
    Section 459.9929 ``Underground storage tank'' defined.
    Section 459.993 Federal regulations: Adoption by reference of 
certain provisions regarding underground storage tanks; compliance 
required.
    Section 459.9931 Adoption by reference of certain chapters of 
International Fire Code.
    Section 459.99395 Underground storage tanks: Designation of 
Class A operators, Class B operators and Class C operators.
    Section 459.99396 Underground storage tanks: Requirements for 
operator training and examination; records of completion of training 
and examination.
    Section 459.994 Underground storage tanks: Testing for 
tightness.
    Section 459.9945 Underground storage tanks: Secondary 
containment system required for tank installed on or after July 1, 
2008; exceptions.
    Section 459.9946 Underground storage tanks: Secondary 
containment system required upon replacement of tank or piping; 
exceptions.
    Section 459.9947 Underground storage tanks: Duties of owner or 
operator required to implement secondary containment.
    Section 459.9948 Underground storage tanks: Under-dispenser 
container required for certain fuel dispenser systems; waiver of 
requirement under certain circumstances (except (3) insofar as it 
relates to the NDEP's authority to waive requirements in certain 
situations).
    Section 459.995 Financial responsibility of owners and 
operators.
    Section 459.996 Releases: Reporting; protection of site; 
inspection by Division.
    Section 459.9972 Assessment required before closure of tank; 
notice of contaminated soil or groundwater; removal of tank from 
ground.
    Section 459.9985 No relief of responsibility to secure approval 
or permit.
    Section 459.9988 Corrective action concerning soil or 
groundwater; assessment of contaminated soil or water (except (2) 
and (3) insofar as they relate to authorities of the NDEP to require 
additional assessment).
    Section 459.999 Severability.
    (b) [Reserved]
    (c) Copies of the Nevada regulations that are incorporated by 
reference are available from the Nevada State Office Library, Board 
Room, 100 Stewart Street, Carson City, Nevada 89701. telephone 
number: 775-684-3360; email: <a href="/cdn-cgi/l/email-protection#503c393222312229103c33327e23243124357e3e267e2523"><span class="__cf_email__" data-cfemail="6e02070c1c0f1c172e020d0c401d1a0f1a0b400018401b1d">[email&#160;protected]</span></a>; website: 
<a href="https://www.leg.state.nv.us">https://www.leg.state.nv.us</a>.

[FR Doc. 2026-21603 Filed 10-21-26; 8:45 am]
BILLING CODE 6560-50-P


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