### CLARKCOUNTY 

### A’ Qt ITh’REJLATI0NS

F I 

### SECTION 94- PERMITTiNG AND DUST CONTROL FOR CONSTRUCTIONACTIVITIES 94.1 Purpose. 94.1.1 The purpose ofthis section ofthe Air Quality Regulations is: (a) To limit the EMIssIoN of PARTICuLATE MATTER into the AMBIENT AIR by preventing, controlling, and mitigating FUGITIVE DUST from CONSTRUCTIONACTIVITIES; 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 enforcementofthese standards. 94.2 Applicability. 94.2.1 This section of the Air Quality Regulations applies to all CONSTRUCTION ACTIVITIES thatdisturb 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 ofthis 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 rockhauling; (d) soil orrock 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, cementpowder);

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## U) abrasive blasting; (k) concrete, stone, andtile cutting; (I) mechanized trenching; (m) initial landscaping; (n) operation ofmotorized machinery; (o) driving vehicles on a CONSTRUCTION 

### site; and (p) establishing andlor using staging areas, parking areas, material storage areas, oraccess routesto orfrom 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 subjectto this regulation. In all permits issued underthe Air Quality Regulations the provisions ofthis section shall be considered as partofa BACTdetermination. 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 injuryorrestore critical utilitiestofunctional status. 94.3 DefInitions. 94.3.1 For the purpose ofthis section ofthe Air Quality Regulations, terms listed inthis subsection havethe 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 ofthe Best Management Practices, copies of which are on file in the office ofthe ClarkCounty DepartmentofAirQuality Management.

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94.3.4 Department or DAQM: means the Clark County Nevada, Department of AirQuality 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 partofthe DustControl 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 ofa mineral processing operation and contains no more than 6% silt, by weight. 94.4 PermIts Required, ExemptIons from Required Permit and Responsibilitywhen 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 ofAir 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 ofany structure smallerthan one thousand (1,000) square feet. 94.4.3 The following activities shall not require a DUSTCONTROLPERMIT: (a) Landscaping by an individual at his/herplace ofresidence; (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 underthis subsection.
94.5 PermitApplications. 94.5.1 Application for issuance or renewal of a DUST CONTROL PERMIT shall be made on aform and in a manner prescribed by the CoNTRoLOFFICER.

Amended

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. 94.5.2 Each application shall be accompanied by payment ofa 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 CONTROLOFFicER. 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. Other CONTROL MEAsuREs that are at least as effective as CONTROL MEAsuREs 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 ofthe handbook andwiththe approval ofthe CONTROLOFFIcER. 94.5.5 An application for a DUST CONTROL PERMIT for a CONSTRUCTION projectten (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 to the Dust Mitigation Plan. This supplement shall be in the form of a written report and shall, at minimum, detail the project description, the area and schedule ofthe phases ofland disturbance, the Control Measures and the Contingency Measures 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 Onethousand (1,000) square feet or greater in area or explosive blasting of rock or soil, shall include the appropriate supplemental form that is provided in Attachment 

### I ofthe Construction Activities Dust Control Handbook for each activity. These forms shall become part of the Dust CONTROLPERMIT as an enforceable permit condition. 94.5.7 An application for a Dust Control Permit for a Construction project offifty (50) acres or more in area shall contain an actual soils analysis of the entire project. The soils analysis shall use the appropriate ASTM test method to determine soil types. Ifthe soils analysis identifies 

### two or more soil types, the area of each soil type shall be shown on a map of the project. Acopy ofthe map shall be included in the application forthe Dust Control 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 content and optimum moisture ofthe sample(s). The application for the Dust Control Permit shall contain the particulate emission potential (PEP)

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for each soil type identified calculated fromthe results ofthe soils analysis and the Silt Contentvs. Optimum Moisture ContentChart (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 DUSTCONTROLPERMIT. 94.6 OustCoNTRoLPERMIT

### Requirements. 94.6.1 Issuance or renewal ofeach DUST CONTROLPERMIT requires payment ofa DUSTCONTROL PERMITfee in accordance with Section 18. 94.6.2 A DUST CONTROL PERMIT S to be granted subject to the right ofinspection ofsuch affected land withoutpriornotice bythe CONTROLOFFIcER. 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 ofthe 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 throughoutthe project site.



### Amended03118103 94-5 CCAirQualityRegulation DAQM, 500 Grand CenfralPkvy, LV89155

# 3/2/b3 (0 94.6.5 Requirements and conditions ofthe DUST CONTROLPERMIT shall be made a part of the specifications of the CONSTRUCTION 

### contract between the owner and prime contractor and contracts between the prime contractor and applicable subcontractors. Said contracts must provide a monetary allowance for any dust control options specified in the Dust Mitigation Plan. The amount ofthe allowance may be specified eitherby the OWNER, competitively bid, ornegotiated by and amongstthe parties. 94.6.6 Projects less than 0.25 acres in area under common control that are either contiguous or separated only by a public or private roadway and that cumulatively equal or exceed 0.25 acre in area are also required to obtain a DUST CONTROL PERMIT. These projects are required to meet all DUST CONTROL PERMIT requirements based on cumulative area. All contiguous projects under common control may be required to obtain and operate undera single permit, atthe discretion ofthe CoNTRoLOFFICER. 94.6.7 A DUST CoNTRoL PERMIT shall be required for routine, public agency road maintenance, road shoulder maintenance, flood control facility maintenance, and maintenance activities that disturb soil and are capable of causing FuGITIvE DUST. Such Dust Control Permits may be issued based upon 

### written monthly, quarterly, semi-annual, or annual schedules ofwork for routine maintenance activities. Such permits shall include a Dust Mitigation Plan listing all activities to be performed that may disturb the soil, and shall include BEST MANAGEMENT PRAcTIcEs for all these activities. Public agencies shall quantify miles and acres ofmaintenance activitiesto be performed underthe conditions ofthe Dust Control Permit. 94.6.8 The permit holder shall 

### notify the DEPARTMENT OF AIR QuALrr’ MANAGEMENT in writing within ten (10) days following the cessation of active operations on all orpart ofa CONSTRUCTION site when cessationwill extend

### thirty (30) days or longer. 94.6.9 A Dust Control Permit is valid for one calendar year from the date of issuance. 94.6.10 A complete copy ofthe Dust Control Permit shall be kept on the project site atall times that Construction Activities occur and madeavailable upon requestofthe Control 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 ofthis section ofthe AirQuality Regulations. 94.7.2 The Construction Activities Dust Control Handbook, excluding all attachments, is adopted and made a part ofthis section ofthe Air Quality Regulation, as ifit 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; Rightto Appeal: 94.7.3.1 Permits shall not be issued to an applicant having outstanding unpaid DAQM fees andlor penalties, notunder appeal. 94.7.3.2 If an OWNERANDIOR OPERATOR has three (3) Notices ofViolation 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 ofa 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, Ifrevoked, a new permitwill 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 OFFICERwithin 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 forall operators ofearth moving or soil disturbing equipment. 94.7.3.3 If during any 180 day period an OWNER ANDIOR OPERATOR has three (3) NOTICES OFVIoLATIoN 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

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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 OWNERAND/OROPERATORto post a surety bond to ensure the implementation ofthe mitigation measures set forth in said DustControl Permits. The OWNER ANP/OR OPERATOR shall provide the CONTROL OFFIcER the surety bond executed in a form acceptable to the CONTROLOFFICERforthe approved Dust Control Permit as the principal with a corporation authorized to transact surety business in the State ofNevada. The OWNER AND/OR OPERATOR shall condition the surety bond upon the faithful performance of all other conditions ofthe permit and faithful compliance with the provisions ofthese 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 ofeach bond required by this section shall equal the estimated cost of implementing the dust CONTROL MEASURES set forth in the approved Dust Control Permitplus an additional 10% ofthe estimated costto covercontingencies, as determined bythe DAQM. 94.7.3.4 

### Any PERSON aggrieved by a decision ofthe CONTROLOFFicER pursuantto this section may appeal in accordance with Section 

### 7 of these Regulations. 

### 94.7.4 CorrectIveAction Orders (CAO) and Notices ofViolation (NOV). 94.7.4.1 Ifit is found that any provision ofSection 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 ofthe problem. 94.7.4.2 The failure to comply with the corrective measures of a Corrective Action Orderwithin the specified 

### period oftime shall be a violation ofthis section ofthe AirQuality Regulations. 94.7.4.3 Regardless of whether a Corrective Action Order has been issued, the CONTROL OFFICER 

### may issue a Notice ofViolation upon determination that the OWNER AND/OR OPERATOR iS 

### out of compliance with any provisions of this section ofthe 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 CONTROLOFFICER, or his/herdesignee shall be further empowered to enterupon 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, orremedy the loose soil, dust situation or condition, when the OWNERAND/OROPERATOR 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 ofAir 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 partofthatpermit’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 bythe CoNTRoLOFFICERto 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, deploymentofresources, 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 ofthe 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 ofactively disturbed soil ifthey are: (a) under common control and are eithercontiguous or separated by a public or private roadway and cumulatively have 

### fifty (50) acres or 

### more ofactively disturbed soil; or (b) under common control and notcontiguous, but are contained within a common master-planned community and cumulatively have 

### fifty (50) acres ormore ofdisturbed soil. 94.7.5.3 The Dust Control 

### Monitor shall be present at all times CONSTRUCTION 

### ACTIvITIEs occur on the project site and shall devotethe majority ofhis/her time specificallyto managing dust prevention and control on the site.

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94.7.5.4 The requirementfora Dust Control Monitorshall lapsewhen: (a) the area of actively disturbed soil becomes less than fifty (50) acres; (b) the previously disturbed areas have been stabilized in accordance withthe requirements ofthese Regulations; and, (c) the stabilization has been approved and the acreageverified by the CONTROLOFFIcER. 94.7.5.5 A Dust Control Monitor shall be considered qualified when he/she has met the following minimumqualifications: (a) successfullycompletedthe Basic DustControl Class; (b) successfullycompletedthe DustControl MonitorClass; (c) 

### two years ofexperience 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 CONTROLOFFICER. 

### 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 threeyears. 94.7.6 DustControl 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 requiredto have successfully completed a Clark County Departmentof AirQuality ManagementDustControl Class. 94.7.6.3 All individuals required to attend and successfully complete the Dust Control Class shall do so atleast once everythree years. 94.7.6.4 CONsTRucTIoN 

### site workers and equipment operators, may be required to attend a Dust Control Class as a remedial orcorrective measure.

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# If 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 overten (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 requirementofposting a DUSTCONTROL PERMIT Sign. 

### 94.7.8 

### Record Keeping. 94.7.8.1 On a site having a Dust Control Permit a written record of selfinspection 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 otherwritten record thatprovides at a minimumthe same information, shall be completed. 94.7.8.2 Records of CoNsTRucTIoN 

### site self inspections shall be kept for a minimum ofone (1) yearorfor six (6) months beyond the projectduration, whichever is longer. Self inspection records include daily inspections for crusted or damp soil, trackout conditions and cleanup measures, daily waterusage, DusT SuPPREssANT 

### applicationrecords, 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 ofapplication.

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94.8 Soil Stabilization Standards. 94.8.1 All permittees, contractors, OWNERS, 

### operators, or other PERsoNs involved in CONSTRUCTIONACTIVITIES 

### shall employ CoNTRoL MEASURES 

### as setforth in the ConstructionActivities Dust Control Handbook. 94.8.2 One or a combination ofthe following methods shall be used to maintain dustcontrol 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 bythe Drop Ball Testoutlined in Subsection 94.j2.5; or (c) The soil shall be completely covered with clean gravel or treated with a DUSTSuPPREsSANT

### approved bytheCONTRoLOFFIcER, 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 thereofbecomes inactive for a period ofthirty (30) days or longer, long-term stabilization shall be implemented withinten (10) days followingthe cessationofactive operations. 94.8.4 Stockpiles located within one hundred (100) yards of occupied buildings shall notbe constructed overeight (8) feetin 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 BestAvailable Control Measures (BACM) 94.9.1 Any PERSON 

### who engages in a Construction Activity as defined in this regulation shall employBACM forthe purpose ofdustcontrol. 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 accordancewith 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 of20% 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 oforigin, in spite ofthe use of Best Available CONTROL MEASuREs, all CONSTRUCTION AcTIvITIES that may contribute to these emissions shall immediately cease. Watertrucks and waterpulls shall continue to operate under these circumstances, unless wind conditions are such that the continued operation ofwatering equipment cannot reduce FuGITIvE DUST EMISSIONS orthat 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 CoNsTRucnoNAcTIVITIEs

### 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 enterthe air. (b) Failure to obtain an approved DUST CONTROL PERMIT for all areas subjectto CONSTRUCTIONACTIVITIES. (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 orthe 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 DUSTCONTROL PERMIT

### I Dust Mitigation Plan.



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* 

### (h) Failure to maintain static (not actively worked) project soils with adequate surface crusting to preventwind 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 DustMitigation 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, fora Constructionproject. (I) Allowing FuGITIvE DUST 

### emissions to exceed the standards setforth in Subsection 94.11.1 through 94.11.4. (m) Using a dry

### rotarybrush orblowerdevicewithoutsufficientwaterto limitemissions perSubsection 94.11.5. (n) Allowing mud or dirt to be tracked out onto a paved road that exceedthe standards setforth in Subsection 94.11.6. (o) Failureto complywith any otherprovision ofthis section. 94.11 EmissIon Standards. 94.11.1 No PERsoN shall cause or permitthe handling, transporting, or storage of any material in a mannerthatallowsvisibleemissions ofparticulate matter to exceed: 20% OPAcrrv using the Time Averaged Method or the Intermittent Emissions Method; 50% OPAcITY 

### using the Instantaneous Method. TheseTestMethods are setforth in Subsection 94.12. 94.11.2 No PERsoN shall cause or permitthe 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 PERMITis 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 ofthefollowing: (a) The limits set

### forth in Subsection 94.11.1; or

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(b) Allow a dust plume to extend more than one hundred (100) feet, horizontallyorvertically, from thepointoforigin; or (c) Allow a dustplume to cross a property line. 

### 94.11.4 Visible emissions from abrasive blasting shall be limited to no more than an average of40% 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 forremoval ofdeposited mudldirttrackoutfrom apaved road is prohibited, unless sufficientwateris 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 withoutwateris 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 mustbe cleaned up by the end ofthe 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 forthe determination ofthe OPACITY ofEMissioNs from sources ofvisible EMissioNs The Time Averaged Method requires averaging ofvisible EMISSION readings over a specifictime

### period to determine the OPACITY ofvisible 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.



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. Principle: The OPAcrry of EMIssioNs of a 

### source of visible EMISSIONS is determined visuallybyan observerwho has curren(certificationapproved by the Control Officer, as a qualified VisibleEMssIoNs Evaluator, using US EPA Method 9. Procedures: A qualified Visible EMISSIONS Evaluator shall use the procedures setforth in Subsections 94.12.2, 94.12.3, and 94.12.4 forvisually determiningthe OPAcrrYofEMissioNs. 94.12.2 Time Averaged Method: These procedures is for evaluating continuous FUGITIVE DUST EMISSIONS and are for the determination of the OPACITY of continuous FUGITIVE DUST EMISSIONS by a qualified observer. Continuous FUGITIVE DUST EMISSIONS sources include activities that produce emissions continuously during operations such as earthmoving, grading, and trenching. Emissions from these types of continuous activities are considered continuous even though 

### speed ofthe activity may very and Emissions may be controlled to 

### 100%, producing no visible emissions, during parts of the operation. Thequalified observer should dothe 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, oriented in the 140° sector to the back. Consistent as much as possible with maintaining the above requirements, make OPACITY observations from a position such that the line ofsight is approximately perpendicularto the plume and wind direction. The observer may follow the FUGrnvE DUST plume generated by mobile earth moving equipment, as long as the sun remains oriented inthe 140° sectortothe back. As much as possible, donotindude morethan one plume inthe lineofsightatonetime. (b) Field Records: Record the name ofthe site, FUGITIVE DUST source type (e.g., earthmoving, grading, trenching), method ofcontrol used, if any, observer’s name, certification data and affiliation, and a sketch of the observer’s position relative to the FucmvE DUST source. Also, record the time, estimated distance to the FuGrnvE 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 colorof theplume andtype ofbackground onthe visible EMISSION observation when OPACITYreadings are initiated and completed.

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(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 longerbeing deposited 

### outoftheplume (normallythree (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 atthe 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 ofthe plume (normally three (3) 

### feet above the mechanicalequipmentgeneratingtheplume). (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 ofEMissioNs for a fifteen (15) second period. If a multiple plume exists at the time ofan 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 

### intheinabilityto maintaintheorientation ofthe sunwithinthe 140° sectoror ifthe equipment ceases operating, mark an “x forthe fifteen (15) second interval reading. Readings identified as 

### “x’ shall beconsidered interrupted readings. (e) Data Reduction ForTime-Averaged Method: For each set oftwelve (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 multipleviolations. 94.12.3 Intermittent EMISSIONS Method: This procedure is forevaluating 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:

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(a) Position: Stand at a position at least twenty (20) feet from the FuGmvE DUST source in order to provide a clear view of the EMissIoNs with the sun oriented in 

### the 140° sector to the back. Consistent as much as possible with maintaining the above requirements, make OPAcrrY observations from a position such that the line ofsightis approximatelyperpendiculartothe plume andwind direction. As much as possible, do notinclude morethan one plume inthelineofsightatonetime. (b) Field Records: Record the name ofthe site, FuGrnvE DUST Source type (e.g., pile, materialhandling,transfer, loading, sorting), methodof control used, Ifany, observer’s name, certification data and affiliation, and a sketch ofthe observer’s position relative to the FuGrrIw DUST source. Also, record the time, estimated distance to the FuGmvE DUST source location, approximate wind direction, estimated wind speed, descriptionofthe 

### skycondition (presence and colorofclouds), observer’s position relativeto the FuGITIvE DUST source, 

### and color of theplume and

### type ofbackground onthe visible EMISSIONobservation when OPAcrrvreadings areinitiatedandcompleted. (c) Observations: Make OPACITY observations, to the extent possible, using a contrasting background that is perpendicular to the line of sight. Make OPAcrrv observations at a point just beyond where material is no longerbeing deposited outofthe plume (normallythree (3)feetabove

### the surface from whichthe plume is generated). Make 

### two observations perplume atthe same point, beginning withthe first reading at zero (0) seconds and the second reading at five (5) seconds. The zero (0) second observation should begin immediately afteraplume hasbeencreated abovethe surfaceinvolved. (d) Recording Observations: Record the OPACITY observations to the nearest 5% on an observational record sheet. Each momentary observation recorded represents the average OPACITY ofEMISSIONS fora five (5) second period. (e) Repeat Subsection 94.12.3(c) of this Regulation and Subsection 94.12.3(d) of this Regulation until you have recorded a total of 12 consecutive OPACITY readings. This will occur once six intermit plumes on which you are able to take proper readings have been observed. The 12 consecutive readings must be taken within the same period of observation but must not exceed 1 hour. Observations immediately preceding and following interrupted observations

### can be consideredconsecutive. (f) Average the 12 OPAcrrY readings together. If the average OPACITY reading equals 20% or lower, the source is in compliance with the averaged method OPACITY standard described inthis Section.

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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 ofthe applicable State Implementation Plan. The qualified observershould dothe 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 ofsight is approximately perpendicularto 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 inthe 140° sectorto the back. As much as possible, do notinclude more than one plume inthe line ofsightatonetime. (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 ofcontrol used, if any, observer’s name, 

### certification data and affiliation, and a sketch ofthe observer’s position relative to the FuGrnVE DUST source. Also, record the time, estimated 

### distance to the FUGITIVEDUST source location, approximate wind direction, estimated wind speed, description ofthe 

### sky condition (presence and color of clouds), observer’s position relative to the FUGITIVEDUST source, and 

### colorofthe plume and type ofbackground on the visible EMISSION observation when OPAcrrY readings 

### are initiated andcompleted. (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 longerbeing 

### deposited out ofthe plume (normally three (3) feet abovethe surface fromwhichthe plume is generated). (d) Recording Observations: Record the OPACITY observations to the nearest5%. (e) Data Reduction For Instantaneous Regulations: Evaluate all observations forconformancewith the instantaneous regulation.

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94.12.5 Soil CrustDetermination(The Drop BallTest): (a) Drop a steel ball with a diameter of0.625 ( 518 th) 

### inch arid a mass ranging from 0.56-0.60 ounce from a distance of one (1)Joot directly above the soil surface, If blowsand is present, clear the blowsand from the surfaces on which the soil crust test method is conducted. Blowsand is defined as thin deposits of loose uncombined grains covering less than 50% of a project site that have notoriginated from the representative surface being tested. If material covers avisible crust, which is notblowsand, applythetest method in Subsection 90.4.1.3 (Determination OfThreshold Friction Velocity) of this Regulation to the loose material to determine whetherthe surface is stabilized. A sufficientcrust is defined underthe following conditions: once a ball has been dropped according to Subsection 90.4.1.1 of this Regulation, the ball does not sink into the surface, so that it is partiallyorfully surrounded by loose grains and, upon removing the ball, the surface upon which itfell has notbeen pulverized, so that loose grains arevisible. (b) Randomly selecteach representative disturbed surfaceforthe drop ball test by using a blind ‘over the shoulder” toss of a throwable object (e.g., a metal weight with survey tape attached). Using the point offall as the lower left hand corner, measure a one (1) foot square area. Drop the ball three times within the 1-foot by 1-foot square survey area, using a consistent pattern across the survey area. The survey area shall be considered to have passedthe Soil Crust Determination Test ifat least

### two out ofthe three times that the ball was dropped, the results met the criteria in Subsection 90.4.1.1(a) of this Regulation. Select at least 

### two other survey areas that represent a random portion of the overall disturbed conditions ofthe site, and repeatthis procedure. Ifthe results meet the criteria ofSubsection 90.4.1.1(a) ofthis Regulation forall ofthe survey areas tested, then the site shall be considered to have passed the Soil Crust Determination Test and shall be considered sufficiently crusted. (c) At any given site, the existence of a sufficient crust covering one portion of the site may not represent the existence or protectiveness ofa crust on anotherportion ofthe site. Repeatthe soil crust test as often as necessary on each portion ofthe overall conditions ofthe site using the random selection method setforth

### in Subsection 90.4.1.1(b) of this Regulation for an accurate assessment. History: Initial adoption: June 22, 2000 Amended: March 18, 2003



### Amended

### 03118103 94-20 CCAu’QualityRegulation OAQM, 500 GrandCentralPkwy, LV89155