CLARK COUNTY

A’ Qt ITh’REJLATI0NS

F I

SECTION 94- PERMITTiNG AND DUST CONTROL FOR

CONSTRUCTION ACTIVITIES

94.1 Purpose.

94.1.1 The purpose of this section of the Air Quality Regulations is:

(a) To limit the EMIssIoN of PARTICuLATE MATTER into the AMBIENT AIR

by preventing, controlling, and mitigating FUGITIVE DUST from

CONSTRUCTION ACTIVITIES; and

(b) To establish FUGITIVE DUST control standards for Clark County,

define reasonable precautions for the prevention and control of

FUGITIVE DUST from all CONSTRUCTION ACTIVITIES and to establish

thresholds for enforcement of these standards.

94.2 Applicability.

94.2.1 This section of the Air Quality Regulations applies to all CONSTRUCTION

ACTIVITIES that disturb or have the potential to disturb soils and that emit or

have the potential to emit particulate matter into the atmosphere. This

section covers the requirements for a Dust Control Permit and a Dust

Mitigation Plan as well as the application procedures.

94.2.2 For the purpose of this Regulation, CONSTRUCTION ACTIVITIES include, but

are not limited to, the following practices:

(a) Land clearing, maintenance, and land cleanup using machinery;

(b) soil and rock excavation or removal;

(c) soil or rock hauling;

(d) soil or rock crushing or screening;

(e) filling, compacting, stockpiling and grading;

(f) explosive blasting;

(g) demolition;

(h) implosion;

(i) handling of building materials capable of entrainment in air (e.g.,

sand, cement powder);

Amended 03118103 941

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DAQM, 500 Grand Central Pkv LV 89155

I
U) abrasive blasting;

(k) concrete, stone, and tile cutting;

(I) mechanized trenching;

(m) initial landscaping;

(n) operation of motorized machinery;

(o) driving vehicles on a CONSTRUCTION site; and

(p) establishing andlor using staging areas, parking areas, material storage areas, or access routes to or from a CoNsTRucTIoN site.

94.2.3 This regulation shafl not apply to operation of emission units or activities permitted under any other section of the Air Quality Regulations, with the specific exception that any CoNsTRucTIoN AcTIvITIEs that occur at such facilities and the land area that Various Location Operating Permits are located on shall be subject to this regulation. In all permits issued under the Air Quality Regulations the provisions of this section shall be considered as

part of a BACT determination.

94.2.4 This regulation shall not apply to NORMAL FARM CuLTuRAL PRAcTIcEs and existing equestrian facilities that are in compliance with zoning requirements.

94.2.5 This regulation shall not apply to emergency activities that may disturb the soil, conducted by any utility or government agency in order to prevent public injury or restore critical utilities to functional status.

94.3 DefInitions.

94.3.1 For the purpose of this section of the Air Quality Regulations, terms listed in this subsection have the meanings ascribed.

94.3.2 Best Available Control Measures (BACM): means those control measures that are the best available with current technology for reducing or eliminating the release of particulate matter into the atmosphere from

construction activities. These include but are not limited to all measures listed in the Construction Activities Dust Control Handbook as Best Management Practices, any control measure required by a Corrective Action Order, and any other control measures required by the Control

Officer.

94.3.3 Construction Activities Dust Control Handbook: means the reference manual used to complete a Dust Control Permit and a Dust Mitigation

Plan, and contains a listing of the Best Management Practices, copies of which are on file in the office of the Clark County Department of Air Quality

Management.

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94.3.4 Department or DAQM: means the Clark County Nevada, Department of

Air Quality Management.

94.3.5 Dust Mitigation Plan: means an attachment to a Dust Control Permit that

lists all the Construction Activities that shall occur and the Best

Management Practices that shall be used, to mitigate dust at a permitted

site. Upon approval of the application the Dust Mitigation Plan becomes

an enforceable part of the Dust Control Permit.

94.3.6 Gravel: means a mineral or rock aggregate ranging in size from 0.25 inch

to 3 inch on its longest dimension that is either natural or the product of a

mineral processing operation and contains no more than 6% silt, by

weight.

94.4 PermIts Required, ExemptIons from Required Permit and

Responsibility when Exempt.

94.4.1 Prior to engaging in any CoNsTRuCTION AcTiviTiEs, the property OWNER

ANDIOR OPERAToR, who is the owners designee shall apply for and obtain

a DUST CONTROL PERMIT from the Clark County Department of Air Quality

Management.

94.4.2 A DUST CONTROL PERMIT shall not be required for soil disturbing or

CONSTRUCTION AcTiviTiEs less than 0.25 acre in overall area, mechanized

trenching less than one hundred (100) feet in length, or for mechanical

demolition of any structure smaller than one thousand (1,000) square feet.

94.4.3 The following activities shall not require a DUST CONTROL PERMIT:

(a) Landscaping by an individual at his/her place of residence;

(b) EMERGENCY maintenance activities conducted by government

agencies on publicly maintained roads, road shoulders, right-ofways and on public flood control facilities; or,

(c) Weed removal or dust palliative application projects conducted

solely for the purpose of compliance with weed abatement or

vacant land dust control regulations, wherein no grade elevation

changes, no soil or rock is imported or exported, or no cut and fill

operations occur. Importing of gravel or rock for use as a dust

palliative is allowed under this subsection.

94.5 Permit Applications.

94.5.1 Application for issuance or renewal of a DUST CONTROL PERMIT shall be

made on a form and in a manner prescribed by the CoNTRoL OFFICER.

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94.5.2 Each application shall be accompanied by payment of a fee in accordance

with Section 18.

94.5.3 Public agency maintenance projects, performed by that agency’s

employees, may be eligible for a waiver of permit fees upon approval of

the CONTROL OFFicER.

94.5.4 All applications for a Dust CONTROL PERMrr shall include a Dust Mitigation

Plan with appropriate CONTROL MEAsuREs from the Construction Activities

Dust Control Handbook for every CoNsTRuCTioN AcTlvrrv to be conducted.

MEAsuREs

Other CONTROL MEAsuREs that are at least as effective as CONTROL

contained in the Construction Activities Dust Control Handbook

may be implemented provided they meet the criteria outlined in Section 2 of

the introduction to the Best Management Practices section of the handbook

and with the approval of the CONTROL OFFIcER.

94.5.5 An application for a DUST CONTROL PERMIT for a CONSTRUCTION project ten

(10) acres or more in area, for trenching activities one (1) mile or greater

in length, or for structure demolition using implosive or explosive blasting

techniques, shall be required to submit a detailed supplement

Mitigation

to the Dust

Plan. This supplement shall be in the form of a written report

and shall, at minimum, detail the project description, the area and

schedule of the phases of land disturbance,

Contingency Measures

the Control Measures and the

to be used for all CONSTRUCTION AcTlvmEs. This

supplement shall become part of the DUST CONTROL PERMFr as an

enforceable permit condition.

94.5.6 An application for a DUST CONTROL PERMIT that includes demolition of a

structure One thousand (1,000) square feet or greater in area or explosive

that

blasting of rock or soil, shall include the appropriate supplemental form

Handbook

is provided in Attachment I of the Construction Activities Dust Control

for each activity. These forms shall become part of the Dust

CONTROL PERMIT as an enforceable permit condition.

94.5.7 An application for a Dust Control Permit for a Construction project of fifty

(50) acres or more in area shall contain an actual soils analysis of the

method

entire project. The soils analysis shall use the appropriate ASTM test

to determine soil types. If the soils analysis identifies two or more

soil types, the area of each soil type shall be shown on a map of the

Control

project. A copy of the map shall be included in the application for the Dust

Permit. The soils analysis shall utilize at least one (1) sample

taken from the top one (1) foot of soil for each soil type identified. The

soils analysis shall use the appropriate ASTM test to determine the silt

Dust

content and optimum moisture of the sample(s). The application for the

Control Permit shall contain the particulate emission potential (PEP)

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for each soil type identified calculated from the results of the soils analysis

and the Silt Content vs. Optimum Moisture Content Chart (figure 2) in the

Construction Activities Dust Control Handbook. The choice of Best

Management Practices for the Dust Mitigation Plan may be different for

each soil type area, if not, the highest PEP identified on the project shall

be used.

94.5.8 The application shall be signed by the property owner or the owners

designee as listed on the uOwnerls Designee for Dust Control Permit for

Construction Activities form.

94.5.9 Upon approval, the completed DUST CoNTRoL PERMIT application, Dust

Mitigation Plan and related maps and forms shall become a part of the

DUST CONTROL PERMIT.

94.6 Oust CoNTRoL PERMIT Requirements.

94.6.1 Issuance or renewal of each DUST CONTROL PERMIT requires payment of a

DUST CONTROL PERMIT fee in accordance with Section 18.

94.6.2 A DUST CONTROL PERMIT S to be granted subject to the right of inspection

of such affected land without prior notice by the CONTROL OFFIcER.

94.6.3 The permit shall be granted subject to, but not limited to, the following

conditions:

(a) The permittee is responsible for ensuring that all PERSONS abide by

the conditions of the permit and these regulations;

(b) The permittee is responsible for supplying complete copies of the

DUST CONTROL PERMIT including the Dust Mitigation Plan, to all

project contractors and subcontractors; and,

(C) The permittee is responsible for all permit conditions, until a

Certificate of Project Completion (form DCP 08 see Attachment 1)

has been submitted by the permittee and approved by the Control

Officer.

94.6.4 The signature of the OWNER AND/OR OPERATOR who is the OwNER’s

designee on the DUST CONTROL PERMIT shall constitute agreement to

accept responsibility for meeting the conditions of the permit and for

ensuring that Best Available Control Measures are implemented

throughout the project site.

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DAQM, 500 Grand CenfralPkvy, LV89155
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94.6.5

a

Requirements

part of

and conditions of the DUST CONTROL PERMIT shall be made

owner and

the

prime

specifications of the CONSTRUCTION contract between the

and applicable

contractor and contracts between the prime contractor

allowance

subcontractors. Said contracts must provide a monetary

Plan. The

for any dust control options specified in the Dust Mitigation

competitively

amount of the allowance may be specified either by the OWNER,

bid, or negotiated by and amongst the parties.

94.6.6

contiguous

Projects less than 0.25 acres in area under common control that are either

cumulatively

or separated only by a public or private roadway and that

a DUST CONTROL

equal or exceed 0.25 acre in area are also required to obtain

CONTROL PERMIT

PERMIT. These projects are required to meet all DUST

projects

requirements based on cumulative area. All contiguous

under a single

under common control may be required to obtain and operate

permit, at the discretion of the CoNTRoL OFFICER.

94.6.7 A

maintenance,

DUST CoNTRoL PERMIT shall be required for routine, public agency road

road shoulder maintenance, flood control

maintenance,

facility

of causing

and maintenance activities that disturb soil and are capable

based upon

FuGITIvE

written monthly,

DUST. Such Dust Control Permits may be issued

of work

quarterly, semi-annual, or annual schedules

Dust Mitigation

for routine

Plan

maintenance activities. Such permits shall include a

the soil, and

listing all activities to be performed that may disturb

activities. Public

shall include BEST MANAGEMENT PRAcTIcEs for all these

activities

agencies shall quantify miles and acres of maintenance

to be performed under the conditions of the Dust Control Permit.

94.6.8 The

MANAGEMENT

permit holder shall notify the DEPARTMENT OF AIR QuALrr’

active operations

in writing within ten (10) days following the cessation of

extend

on all or part of a CONSTRUCTION site when cessation will

thirty (30) days or longer.

94.6.9 A

issuance.

Dust Control Permit is valid for one calendar year from the date of

94.6.10

site

A complete

at all

copy of the Dust Control Permit shall be kept on the project

times that Construction Activities occur and madeavailable

request of the Control

upon

Officer.

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94.7 General and Administrative Standards.

94.7.1 Anyone engaging in CoNsTRuCTION AcTIvmEs on a site having a Dust

Control Permit shall be subject to all conditions set forth in that permit.

Failure to comply with any condition set forth in the permit shall be in

violation of this section of the Air Quality Regulations.

94.7.2 The Construction Activities Dust Control Handbook, excluding all

attachments, is adopted and made a part of this section of the Air Quality

Regulation, as if it were fully set forth herein, except as amended by this

Regulation.

94.7.3 DusT CONTROL PERMIT: Restrictions on Issuance; Suspension;

Revocation; Requirement for Bond; Right to Appeal:

94.7.3.1 Permits shall not be issued to an applicant having outstanding unpaid

DAQM fees andlor penalties, not under appeal.

94 .7.3.2 If an OWNER ANDIOR OPERATOR has three (3) Notices of Violation that have

been adjudicated by the HEARING OFFICER at the same project for which

the Dust Control Permit was issued, the CONTROL OFFICER or his/her

representative may suspend or revoke the permit. Upon suspension or

revocation of a permit, all activities that are authorized by that permit shall

cease. The CONTROL OFFICER shall post notices of suspension or revocation conspicuously on the property involved. The notice shall state the reasons and indicate the date and time of suspension and/or revocation. The suspension or revocation shall remain in effect until such time as rescinded by the CONTROL OFFICER, If the permit has been

suspended, the permit may be reinstated, If revoked, a new permit will not be issued until an application is made and fees paid in accordance with Section 18 of these regulations. The permittee shall have a right to

hearing before the HEARING OFFICER within five (5) working days from date

of issuance of the suspension or revocation. Alternatively, in such

instances, the CONTROL OFFICER may require compliance with Subsection

94.7.6 for all operators of earth moving or soil disturbing equipment.

94.7.3.3 If during any 180 day period an OWNER ANDIOR OPERATOR has three (3)

NOTICES OF VIoLATIoN that have been adjudicated by the HEARING OFFICER

for the same construction site, the CONTROL OFFicER shall require the

posting of a surety bond to ensure implementation of the mitigation

measures set forth in the approved Dust Control Permit for the subject

site. If an OWNER AND/OR OPERATOR has two (2) or more NOTICES OF

VlornoN that have been adjudicated by the HEARING OFFICER from the

DAQM for: failure to obtain a Dust Control Permit; failure to implement

BEsT MANAGEMENT PRACTICES; or failure to comply

Amended 03118103 94-7

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with a Corrective Action Order, the CONTROL OFFicER may, as a condition

of obtaining or maintaining a Dust Control Permit, issue a Corrective Action Order requiring the OWNER AND/OR OPERATOR to post a surety bond

to ensure the implementation of the mitigation measures set forth in said

Dust Control Permits.

The OWNER ANP/OR OPERATOR shall provide the CONTROL OFFIcER the

surety bond executed in a form acceptable to the CONTROL OFFICER for the

approved Dust Control Permit as the principal with a corporation authorized to transact surety business in the State of Nevada. The OWNER

AND/OR OPERATOR shall condition the surety bond upon the faithful

performance of all other conditions of the permit and faithful compliance with the provisions of these regulations. The surety bond shall remain in effect until the construction activity specified in the said Dust Control Permit is complete and the department closes the said Dust Control Permit. The amount of each bond required by this section shall equal the estimated cost of implementing the dust CONTROL MEASURES set forth in the approved Dust Control Permit plus an additional 10% of the estimated

cost to cover contingencies, as determined by the DAQM.

94.7.3.4 Any PERSON aggrieved by a decision of the CONTROL OFFicER pursuant to

this section may appeal in accordance with Section 7 of these

Regulations.

94.7.4 CorrectIve Action Orders (CAO) and Notices of Violation (NOV).

94.7.4.1 If it is found that any provision of Section 94, a DUST CONTROL PERMIT, or a Dust Mitigation Plan has not been complied with, the CoNTRoL OFFICER

may issue a Corrective Action Order to any OWNER AND/OR OPERATOR or

other PERSON that they may be in violation of these regulations and said

finding shall be corrected within a specified period of time, dependent

upon the scope and extent of the problem.

94.7.4.2 The failure to comply with the corrective measures of a Corrective Action

Order within the specified period of time shall be a violation of this section

of the Air Quality Regulations.

94.7.4.3 Regardless of whether a Corrective Action Order has been issued, the

CONTROL OFFICER may issue a Notice of Violation upon determination that the OWNER AND/OR OPERATOR iS out of compliance with any provisions of this section of the Air Quality Regulations, a DUST CONTROL PERMIT, a Dust

Mitigation Plan, or upon the failure to comply with a previously issued Corrective Action Order.

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94.7.4.4 The CONTROL OFFICER, or his/her designee shall be further empowered to

enter upon any said land where any loose soil or dust problem exists, and

to take such remedial and corrective action as may be deemed

appropriate to cope with and relieve, reduce, or remedy the loose soil,

dust situation or condition, when the OWNER AND/OR OPERATOR fails to do

so.

94.7.4.4.1 Any cost incurred in connection with any such remedial or corrective

action by the Department of Air Quality Management or any PERSON

acting for the Department of Air Quality Management shall be reimbursed

by the land OWNER AND/OR OPERAToR. If these costs are not reimbursed

the CONTROL OFFICER may request a lien be placed on the subject lands

that shall remain in full force and effect until any and all such costs have

been collected.

94.7.4.5 Any additional CONTROL MEAsuRES prescribed by the CONTROL OFFICER in

a Corrective Action Order, issued to the holder of a Dust Control Permit,

shall become a part of that permit’s Dust Mitigation Plan.

94.7.5 Dust Control Monitor.

94.7.5.1 Any CONSTRUCTION project having 50 acres or more of actively disturbed

soil at any given time shall be required by the CoNTRoL OFFICER to have in

place an individual designated as the Dust Control Monitor with full

authority to ensure that dust CONTROL MEAsuREs are implemented,

including inspections, record keeping, deployment of resources, and shut

down or modification of CONSTRUCTION ACTIVITIES as needed. This

individual shall be listed on the Construction Site Dust Control Monitor

form provided in Attachment I of the Construction Activities Dust Control

Handbook.

94.7.5.2 A Dust Control Monitor shall also be required for individually permitted projects that have less than fifty (50) acres of actively disturbed soil if they

are:

(a) under common control and are either contiguous or separated by a

public or private roadway and cumulatively have fifty (50) acres or

more of actively disturbed soil; or

(b) under common control and not contiguous, but are contained within

a common master-planned community and cumulatively have fifty (50) acres or more of disturbed soil.

94.7.5.3 The Dust Control Monitor shall be present at all times CONSTRUCTION

ACTIvITIEs occur on the project site and shall devote the majority of his/her

time specifically to managing dust prevention and control on the site.

Amended 03118103 94-9

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DAQM, 500 Grand Central Phwy LV 89155
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94.7.5.4 The requirement for a Dust Control Monitor shall lapse when:

(a) the area of actively disturbed soil becomes less than fifty (50) acres;

(b) the previously disturbed areas have been stabilized in accordance

with the requirements of these Regulations; and,

(c) the stabilization has been approved and the acreage verified by the

CONTROL OFFIcER.

94.7.5.5 A Dust Control Monitor shall be considered qualified when he/she has met

the following minimum qualifications:

(a) successfully completed the Basic Dust Control Class;

(b) successfully completed the Dust Control Monitor Class;

(c) two years of experience in the CoNsTRucTIoN industry: and,

(d) successfully completed a course that certifies him/her in Visual

Emissions Evaluation (VEE) that has been approved or is

conducted by the CONTROL OFFICER.

94.7.5.6 For a Dust Control Monitor to maintain his/her certification he/she must

successfully complete the Dust Control Monitor class at least once every three years.

94.7.6 Dust Control Class.

94.7.6.1 The CONSTRUCTION site superintendent or other designated on-site

representative of the project developer and all construction site supervisors and foremen shall be required to have successfully completed

a Clark County Department of Air Quality Management Dust Control Class.

94.7.6.2 Water truck and water pull driver(s) for each CoNsTRuCTIoN project shall be required to have successfully completed a Clark County Department of

Air Quality Management Dust Control Class.

94.7.6.3 All individuals required to attend and successfully complete the Dust Control Class shall do so at least once every three years.

94.7.6.4 CONsTRucTIoN site workers and equipment operators, may be required to attend a Dust Control Class as a remedial or corrective measure.

Amended 03118/03 94.-I 0 CC Air Quality Regulation

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94.7.7 Signage Requirements.

94.7.7.1 For each Dust Control Permit issued where the project site is less than or

equal to ten (10) acres, or for trenching projects between one hundred

(100) feet and one (1) mile in length, or for demolition of a structure

totaling one thousand (1,000) square feet or more, the permittee shall

install a sign on the project site prior to commencing CoNsTRucTIoN

AcTIvrrv that is visible to the public and measures, at minimum, four (4)

feet wide by four (4) feet high, conforming to Department policy on Dust

Control Permit Design and Posting of Signage listed in Attachment 4 of

the Construction Activities Dust Control Handbook.

94.7.7.2 For each Dust Control Permit issued where the project site is over ten (10)

acres, or for trenching projects aggregating one (1) mile or greater in

length, the permittee shall install a sign on the project site prior to

commencing CoNsTRucTioN AcTIvrrY and visible to the public and

measures, at minimum, eight (8) feet wide by four (4) feet high,

conforming to Department policy on Dust Control Permit Design and

Posting of Signage listed in Attachment 4 of the Construction Activities

Dust Control Handbook.

94.7.7.3 Projects shorter than two (2) weeks in duration may request a waiver of

the requirement of posting a DUST CONTROL PERMIT Sign.

94.7.8 Record Keeping.

94.7.8.1 On a site having a Dust Control Permit a written record of self inspection

shall be made each day soil disturbing work is conducted. The “Record of

Daily Dust Control form provided in Appendix A of the Construction

Activities Dust Control Handbook, or other written record that provides at a

minimum the same information, shall be completed.

94.7.8.2 Records of CoNsTRucTIoN site self inspections shall be kept for a

minimum of one (1) year or for six (6) months beyond the project duration,

whichever is longer. Self inspection records include daily inspections for

crusted or damp soil, trackout conditions and cleanup measures, daily

water usage, DusT SuPPREssANT application records, etc.

94.7.8.3 For CONTROL MEASuREs involving chemical or organic soil stabilization,

records shall indicate the type of product applied, vendor name, label

instructions for approved usage, and the method, frequency,

concentration, and quantity of application.

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94.8 Soil Stabilization Standards.

94.8.1 All permittees, contractors, OWNERS, operators, or other PERsoNs

involved in CONSTRUCTION ACTIVITIES shall employ CoNTRoL MEASURES as

set forth in the Construction Activities Dust Control Handbook.

94.8.2 One or a combination of the following methods shall be used to maintain

dust control on all disturbed soils on Construction Sites and staging areas:

(a) The soil shall be maintained in a sufficiently damp condition to prevent loose grains of soil from becoming dislodged when the disturbed soil is tested using the Drop Ball Test outlined in

Subsection 94.12.5; or

(b) The soil shall be crusted over by application of water, as

demonstrated by the Drop Ball Test outlined in Subsection 94.j2.5;

or

(c) The soil shall be completely covered with clean gravel or treated with a DUST SuPPREsSANT approved by the CONTRoL OFFIcER, to the extent necessary to pass a Drop Ball Test outlined in Subsection 94.12.5.

94.8.3 When a CONsTRucTION site or part thereof becomes inactive for a period of thirty (30) days or longer, long-term stabilization shall be implemented

within ten (10) days following the cessation of active operations.

94.8.4 Stockpiles located within one hundred (100) yards of occupied buildings

shall not be constructed over eight (8) feet in height.

94.8.5 Stockpiles over eight (8) feet high shall have a road bladed to the top to

allow water truck access or shall have a sprinkler irrigation system installed, used and maintained.

94.9 Best Available Control Measures (BACM)

94.9.1 Any PERSON who engages in a Construction Activity as defined in this

regulation shall employ BACM for the purpose of dust control.

94.9.2 All CoNTRoL MEASURES that are necessary to maintain soil stability as well

as those listed in an approved Dust Mitigation Plan, shall be implemented twenty four (24) hours a day, seven (7) days a week, until the permit is

closed in accordance with Subsection 94.6.3(c).

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94.9.3 In the event there are wind conditions that cause FuGITIvE DUST

EMissioNs; in excess of 20% OPAcrrv using the Time Averaged Method or

Intermittent Emissions Method, in excess of 50% OPACITY using the

Instantaneous Method, or one hundred (100) yards in length from the

point of origin, in spite of the use of Best Available CONTROL MEASuREs, all

CONSTRUCTION AcTIvITIES that may contribute to these emissions shall

immediately cease. Water trucks and water pulls shall continue to operate

under these circumstances, unless wind conditions are such that the

continued operation of watering equipment cannot reduce FuGITIvE DUST

EMISSIONS or that continued equipment operation poses a safety hazard.

94.9.4 If a Dust Control Permit is not required, the OWNERS, operators, or any

other PERSON involved in CoNsTRUcTIoN ACTIVITIES shall employ BEST

MANAGEMENT PRAcTIcEs, as set forth in the Construction Activities Dust

Control Handbook and comply with the soil stabilization standards listed in

Subsections 94.8 and emissions standards listed in Subsection 94.11.

94.10 CoNsTRucnoN AcTIVITIEs Violations.

94.10.1 Any of the following circumstances constitute a violation of the Clark

County Air Quality Regulations:

(a) Failure to obtain an approved DUST CONTROL PERMIT before

engaging in activities that disturb or have the potential to disturb

soils and/or cause or have the potential to cause FUGITIVE DUST to

enter the air.

(b) Failure to obtain an approved DUST CONTROL PERMIT for all areas

subject to CONSTRUCTION ACTIVITIES.

(c) Conducting a CONSTRUCTION AcTIvITY as defined by Subsection

94.2 for which no specified control option is indicated in the

approved DUST CONTROL PERMIT or the Dust Mitigation Plan.

(d) Failure to perform any duty to allow or carry out an inspection,

entry, or monitoring activity required by the Department of Air

Quality Management.

(e) Failure to renew or obtain a new permit, prior to a DUST CONTROL

PERMIT expiring, provided the site does not meet the exemption

requirements for a DUST CONTROL PERMIT as defined in Subsection

94.4.2.

(f) Failure to implement any item that is listed as a “Requirement” in

the Best Management Practices section of the Construction

Activities Dust Control Handbook for an applicable Construction

Activity.

(g) Failure to implement any BEST MANAGEMENT PRAcTIcE listed in an

approved DUST CONTROL PERMIT I Dust Mitigation Plan.

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(h) Failure to maintain static (not actively worked) project soils with

adequate surface crusting to prevent wind erosion as measured by

test method “Soil Crust Determination (The Drop Ball Test)” in

Subsection 94.12.5, or alternative control measures approved in

the Dust Mitigation Plan.

(i) Failure to comply with any record keeping requirements of this

section.

U) Failure to maintain project haul routes or haul roads in a stable

condition as measured by the Intermittent Emissions test method

outlined in Section 94.12.3.

(k) Failure to have a Dust Control Monitor in place, per Subsection

94.7.5, for a Construction project.

(I) Allowing FuGITIvE DUST emissions to exceed the standards set forth

in Subsection 94.11.1 through 94.11.4.

(m) Using a dry rotary brush or blower device without sufficient water to

limit emissions per Subsection 94.11.5.

(n) Allowing mud or dirt to be tracked out onto a paved road that

exceed the standards set forth in Subsection 94.11.6.

(o) Failure to comply with any other provision of this section.

94.11 EmissIon Standards.

94.11.1 No PERsoN shall cause or permit the handling, transporting, or storage of

any material in a manner that allows visible emissions of particulate matter

to exceed: 20% OPAcrrv using the Time Averaged Method or the

Method.

Intermittent Emissions Method; 50% OPAcITY using the Instantaneous

These Test Methods are set forth in Subsection 94.12.

94.11.2 No PERsoN shall cause or permit the handling, transporting, or storage of

any material in a manner that allows a dust plume that extends one

hundred (100) yards or more, horizontally or vertically, from the point of

origin.

94.11.3 Where a DUST CoNTRoL PERMIT is required and has not been issued or in the event Best Available CONTROL MEASURES have not been fully

implemented, no PERSON shall cause or permit the handling,

transportation, or storage of any material in a manner that exceeds the

limits listed in any one of the following:

(a) The limits set forth in Subsection 94.11.1; or

Amended 03118103 94-14 CC Air Quality Regulation

DAQM, 500 Grand Central Pkwy, LV89155
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(b) Allow a dust plume to extend more than one hundred (100) feet,

horizontally or vertically, from the point of origin; or

(c) Allow a dust plume to cross a property line.

94.11.4 Visible emissions from abrasive blasting shall be limited to no more than

an average of 40% OPAcrrt’ for any period aggregating three (3) minutes

in any sixty (60) minute period, utilizing the test method set forth in

Subsection 94.12.

94.11.5 The use of dry rotary brushes and blower devices for removal of deposited

mudldirt trackout from a paved road is prohibited, unless sufficient water is

applied to limit the visible emissions to an OPAcITY of not greater than:

20% OPAcrrY using the Time Averaged Method or Intermittent Emissions

Method; 50% OPAcrrv using the Instantaneous Method. These test

methods are set forth in Subsection 94.12. The use of rotary brushes

without water is prohibited.

94.11.6 Mud or dirt shall not be allowed to be tracked out onto a paved road where

such mud or dirt extends fifty (50) feet or more in cumulative length from

the point of origin or allow any trackout to accumulate to a depth greater

than 0.25 inch. Notwithstanding the preceding, all accumulations of mud

or dirt on curbs, gutters, sidewalks, or paved roads including trackout less

than fifty (50) feet in length and 0.25 inch in depth, shall be cleaned and

maintained to eliminate emissions of Fugitive Dust. At a minimum all

trackout must be cleaned up by the end of the workday or evening shift, as

applicable.

94.12 Test Methods

94.12.1 Visual Determination of OPAcrr( of EMISSIoNs from Sources of Visible

EMissioNs.

Applicability: This method is applicable for the determination of the OPACITY

of EMissioNs from sources of visible EMissioNs The Time Averaged Method

requires averaging of visible EMISSION readings over a specific time period to

determine the OPACITY of visible EMISSIONS. The Time Averaged Method is

applicable to continuous EMIssIoNS sources. The Intermittent Emissions

Method requires averaging a set number of visible EMISSIONS readings to

determine the OPACITY of visible EMISsIONS. The Intermittent Emissions

Method is applicable to Intermittent EMISSIONS sources. The Instantaneous

Method sets an OPAcrrY limit that shall not be exceeded at any time. The

Instantaneous Method is applicable to any emissions source and is a nonfederal requirement.

Amended 03118103 94-15

CC Air Quality Regulation

DAQM, 500 Grand Central Pkw/, LV 89155
3/2Ø3 .

determined

Principle: The

visually

OPAcrry of EMIssioNs of a source of visible EMISSIONS is

by an observer who has curren(certificationapproved

the Control Officer,

by

Method 9.

as a qualified Visible EMssIoNs Evaluator, using US EPA

procedures

Procedures:

set forth

A qualified Visible EMISSIONS Evaluator shall use the

determining

in Subsections 94.12.2, 94.12.3, and 94.12.4 for visually

the OPAcrrY of EMissioNs.

94.12.2 Time Averaged Method: These procedures

FUGITIVE DUST

is for evaluating continuous

EMISSIONS and are for the determination

continuous FUGITIVE DUST

of the OPACITY of

FUGITIVE DUST

EMISSIONS by a qualified observer. Continuous

continuously

EMISSIONS sources include activities that produce emissions

Emissions

during operations such as earthmoving, grading, and trenching.

continuous

from these types of continuous activities are considered

be controlled

even

to 100%,

though speed of the activity may very and Emissions may

operation. The qualified

producing no visible emissions, during parts of the

observer should do the following:

(a) Position:

FuGITIVE DUST

Stand at a position at least twenty (20) feet from the

EMISSIONS with

source in order to provide a clear view of the

Consistent

the sun, oriented in the 140° sector to the back.

requirements,

as

make

much as possible with maintaining the above

OPACITY observations

the line of

from a position such that

sight is approximately perpendicular

direction. The

to the plume and wind

generated

observer may follow the FUGrnvE DUST plume

remains oriented

by mobile earth moving equipment, as long as the sun

do not

in the 140° sector to the back. As much as possible,

indude more than one plume in the line of sight at one time.

(b)

type

Field

(e.g.,

Records: Record the name of the site, FUGITIVE DUST source

any, observer’s

earthmoving,

name,

grading, trenching), method of control used, if

the observer’s

certification data and affiliation, and a sketch of

record

position relative to the FucmvE DUST source. Also,

location,

the time, estimated distance to the FuGrnvE DUST source

description

approximate wind direction, estimated wind speed,

observer’s

of the sky condition (presence and color of clouds),

the plume and

position relative to the FUGITIVE DUST source, and color of

when OPACITY

type of background on the visible EMISSION observation

readings are initiated and completed.

Amended 03118103 94-16 CC Air Quality Regulation

DAQM, 500 Grand Central Pkwy, LV 89155
17

(c) Observations: Make OPAcrrv observations, to the extent possible,

using a contrasting background that is perpendicular to the line of

sight. Make OPACITY observations at a point just beyond where

material is no longer being deposited out of the plume (normally three

(3) feet above the surface from which the plume is generated). The

initial observation should begin immediately after a plume has been

created above the surface involved. Do not look continuously at the

plume, but instead observe the plume momentarily at 15-second

intervals. For FUGITIVE DUST from earthmoving equipment, make

OPACITY observations at a point just beyond where material is not

being deposited out of the plume (normally three (3) feet above the

mechanical equipment generating the plume).

(d) Recording Observations: Record the OPACITY observations to the

nearest 5% every fifteen (15) seconds on an observational record

sheet. Each momentary observation recorded represents the

average OPACITY of EMissioNs for a fifteen (15) second period. If a

multiple plume exists at the time of an observation, do not record an

OPACITY reading. Mark an “x” for that reading. If the, equipment

generating the plume travels outside of the field of observation,

resulting in the inability to maintain the orientation of the sun within the

140° sector or if the equipment ceases operating, mark an “x for the

fifteen (15) second interval reading. Readings identified as “x’ shall

be considered interrupted readings.

(e) Data Reduction For Time-Averaged Method: For each set of twelve

(12) or twenty four (24) consecutive readings, calculate the

appropriate average OPACITY. Sets shall consist of consecutive

observations, however, readings immediately preceding and following

interrupted readings shall be deemed consecutive and in no case

shall two sets overlap, resulting in multiple violations.

94.12.3 Intermittent EMISSIONS Method: This procedure is for evaluating Intermittent

FUGITIVE DUST EMISSIONS: This procedure is for the determination of the

OPACITY of intermittent FuGmvE DUST EMISsIoNs by a qualified observer.

Intermittent FuGrnvE DUST EMISSIONS sources include activities that produce

emissions intermittently such as screening, dumping, and stockpiling where

predominant emissions are produced intermittently. The qualified observer

should do the following:

Amended 03118103 94-17

CC Air Quality Regulation

DAQM, 500 Grand CentralPk LV 89155
3/2443

(a)

FuGmvE

Position:

DUST

Stand

source

at a position at least twenty (20) feet from the

EMissIoNs with

in order to provide a clear view of the

Consistent

the sun oriented in the 140° sector to the back.

as much as possible with maintaining

requirements, make

the above

OPAcrrY observations

the line of sight

from a position such that

is approximately perpendicular

direction. As much

to the plume and wind

in the line of

as possible, do not include more than one plume

sight at one time.

(b)

type

Field

(e.g.,

Records:

pile, material

Record the name of the site, FuGrnvE DUST Source

handling, transfer,

control used, If any,

loading, sorting), method of

and a sketch

observer’s name, certification data and affiliation,

source. Also,

of

record

the observer’s position relative to the FuGrrIw DUST

DUST source location,

the time, estimated distance to the FuGmvE

speed, description

approximate wind direction, estimated wind

observer’s position

of the sky condition (presence and color of clouds),

the plume and

relative to the FuGITIvE DUST source, and color of

when OPAcrrv

type of background on the visible EMISSION observation

readings are initiated and completed.

(c) Observations: Make OPACITY observations,

using a contrasting

to the extent possible,

background that is perpendicular

sight. Make OPAcrrv

to the line of observations

material is no

at a point just beyond where

(3) feet above

longer

the

being deposited out of the plume (normally three

two observations

surface from which the plume is generated). Make

reading at zero

per plume at the same point, beginning with the first

seconds. The zero

(0) seconds and the second reading at five (5)

after a plume

(0) second observation should begin immediately

has been created above the surface involved.

(d) Recording Observations: Record the OPACITY observations

nearest 5% on an

to the

observational

observation

record sheet. Each momentary

for a five (5)

recorded represents the average OPACITY of EMISSIONS

second period.

(e)

94.12.3(d)

Repeat Subsection 94.12.3(c) of this Regulation and Subsection

consecutive

of

OPACITY

this Regulation until you have recorded a total of 12

plumes on which

readings. This will occur once six intermit

observed. The

you are able to take proper readings have been

same period of

12 consecutive readings must be taken within the

Observations

observation but must not exceed 1 hour.

observations

immediately preceding and following interrupted

can be considered consecutive.

(f) Average the 12 OPAcrrY readings together.

reading equals

If the average OPACITY

averaged method

20%

OPACITY

or lower, the source is in compliance with the

standard described in this Section.

Amended 03118103

CC Air

94-18 Quality Regulation

DAOM, 500 Grand Central Pkw LV89155
3/24/o3

94.12.4 Instantaneous Method: This is a non-federal procedure for evaluation of

FUGITIVE DUST EMISSIONS: This procedure is for the instantaneous

determination of the OPAcITY of FUGITIVE DUST EMISSIONS by a qualified

observer. This method is a Clark County local requirement and is not

submitted as part of the applicable State Implementation Plan. The qualified

observer should do the following:

(a) Position: Stand at a position at least twenty (20) feet from the

FUGITIVE DUST source in order to provide a clear view of the

EMISSIONS with the sun orienied in the 1400 sector to the back.

Consistent as much as possible with maintaining the above

requirements, make OPAcrrY observations from a position such that

the line of sight is approximately perpendicular to the plume and wind

direction. The observer may follow the FUGITIVE DUST plume

generated by mobile earth moving equipment, as long as the sun

remains oriented in the 140° sector to the back. As much as possible,

do not include more than one plume in the line of sight at one time.

(b) Field Records: Record the name of the site, FuGITIvE DUST source

type (e.g., earthmoving, grading, storage pile, material handling,

transfer, loading, sorting), method of control used, if any, observer’s

name, certification data and affiliation, and a sketch of the observer’s

position relative to the FuGrnVE DUST source. Also, record the time,

estimated distance to the FUGITIVE DUST source location, approximate

wind direction, estimated wind speed, description of the sky condition

(presence and color of clouds), observer’s position relative to the

FUGITIVE DUST source, and color of the plume and type of background

on the visible EMISSION observation when OPAcrrY readings are

initiated and completed.

(c) Observations: Make OPAcrrY observations, to the extent possible,

using a contrasting background that is perpendicular to the line of

sight. Make OPAcrrY observations at a point lust beyond where

material is no longer being deposited out of the plume (normally three

(3) feet above the surface from which the plume is generated).

(d) Recording Observations: Record the OPACITY observations to the

nearest 5%.

(e) Data Reduction For Instantaneous Regulations: Evaluate all

observations for conformance with the instantaneous regulation.

Amended 03118103 94-19

CC Air Quality Regulation

DAQM, 500 Grand Central Phwy LV 89155
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94.12.5 Soil Crust Determination (The Drop Ball Test):

(a) Drop a steel ball with a diameter of 0.625 (518 th)

ranging

inch arid a mass

directly

from 0.56-0.60 ounce from a distance of one (1 )Joot

blowsand

above the soil surface, If blowsand is present, clear the

conducted.

from

Blowsand

the surfaces on which the soil crust test method is

uncombined

is defined as thin deposits of loose

have not

grains covering less than 50% of a project site that originated from the representative

material covers

surface being tested. If

method

a visible crust, which is not blowsand, apply the test

Velocity)

in Subsection 90.4.1.3 (Determination Of Threshold Friction

whether

of this Regulation to the loose material to determine

the surface is stabilized.

A

ball

sufficient

has been

crust is defined under the following conditions: once a

Regulation,

dropped according to Subsection 90.4.1.1 of this

partially or

the ball does not sink into the surface, so that it is

ball, the surface

fully surrounded by loose grains and, upon removing the upon which it fell has not been pulverized, so that

loose grains are visible.

(b)

ball

Randomly

test

select each representative disturbed surface for the drop

object

by using a blind ‘over the shoulder” toss of a throwable

point of

(e.g., a metal weight with survey tape attached). Using the

square area.

fall as

Drop

the lower left hand corner, measure a one (1) foot

square

the ball three times within the 1-foot by 1-foot

area. The

survey area, using a consistent pattern across the survey

Crust Determination

survey area shall be considered to have passed the Soil

the ball was

Test if at least two out of the three times that

90.4.1.1(a)

dropped, the results met the criteria in Subsection

areas

of this Regulation. Select at least two other survey

conditions

that represent a random portion of the overall disturbed

of the site, and repeat this procedure. If the results meet

survey

the criteria

areas

of Subsection 90.4.1.1(a) of this Regulation for all of the

passed

tested, then the site shall be considered to have

sufficiently

the Soil Crust Determination Test and shall be considered

crusted.

(c) At

portion

any given site, the existence of a sufficient crust covering one

of the site may not represent

protectiveness

the existence or

of a crust on another portion of the site. Repeat

soil crust

the

conditions

test as often as necessary on each portion of the overall

Subsection

of the site using the random selection method set forth in

assessment.

90.4.1.1(b) of this Regulation for an accurate

History: Initial adoption: June 22, 2000

Amended: March 18, 2003

Amended 03118103 94-20 CC Au’ Quality Regulation

OAQM, 500 Grand Central Pkwy, LV 89155