I

CLARK COUNTY DEPARTMENT OF AIR QUALITY MANA GEMENT

AIR QUALITY RE(ULATIQNS

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SECTION 93 - FUGITIVE DUST FROM PAVED ROADS AND STREET

SWEEPING EQUIPMENT

93.1 FUGITIVE DUST From PAVED Roads and Street Sweeping Equipment

93.1 .1 Purpose: To limit the EMISsIoN of PARTIcuLATE MATTER into the

AMBIENT AIR from PAvED roads and PAvED alleys.

93.1 .2 Applicability: The provisions of this Regulation shall apply to

PAvED roads and PAvED alleys which are located in the PMio

NONATTAINMENT AREA (HYDR0GRAPHIc BASIN 21 2) and the Apex Valley

(HYDR0GRAPHIc BASINS 216 and 217). Nothing in Subsections 93.1

through 93.4 of these Regulations shall be construed to prevent

enforcement of Section 40 (Prohibition of NUISANCE Conditions) of these

Regulations. The provisions of this Regulation shall not apply to non

commercial and non-institutional private driveways. The provisions of

this Regulation shall not apply to STATIoNARY SOuRCES as defined in

Section 0, except that these control measures shall be considered as

part of a BACT determination.

93.2 Requirements:

93.2.1 PAvED Road Development Standards: OwNERs AND/OR OPERATORS

having jurisdiction over, or ownership of, public or private PAVED roads

shall construct, or require to be constructed, all new or modified PAvED

roads in conformance with the road shoulder width and drivable median

stabilization requirements as specified below:

93.2.1.1 New CONsTRucTION, MoDIFIcATIoN, or approvals of PAVED roads shall be

constructed with a PAVED travel section, and four (4) feet of PAVED or

stabilized shoulder on each side of the PAVED travel section. The four (4)

feet of shoulder shall be PAVED or stabilized with a dust palliative or gravel

to prevent the trackout of mud and dirt to the PAVED section. Where

shoulder stabilization is used in place of PAVING, the stabilized shoulders

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must be maintained in compliance with the stabilization standards set forth

in Subsection 93.2.1.5 of this Regulation.

93.2.1 .2 New CONSTRUCTION, MoDIFIcATIoN, or approvals of PAVED roads on which

vehicular traffic is greater than or equal to 3,000 vehicles per day after

March 1, 2003 shall be constructed with a PAVED travel section, and

eight (8) feet of stabilized shoulder adjacent to the PAVED travel section

where right-of-way is available for the stabilized shoulder. Where the

right-of-way is not available for the full eight (8) feet of stabilized

shoulder, curbing shall be installed adjacent to the shoulder. Stabilized

shoulders must be maintained in compliance with the stabilization

standards set forth in Subsection 93.2.1 .5 of this regulation.

93.2.1.3 Where curbing is constructed adjacent to and contiguous with the travel

lane or PAVED shoulder of a road, the shoulder width design standards

specified in Subsection 93.2.1.1 shall not be applicable.

93.2.1 .4 Where PAVED roads are constructed, or modified with shoulders and/or

medians, the shoulders and/or medians shall be constructed as set forth

below. If the shoulder, median, or extended right-of-way is located in a

limited access freeway right-of-way, then the requirements of Section

90 apply.

(a) With curbing, or

(b) With solid PAVING across the median, or

(C) Apply DUST PALLIATIvEs, in compliance with the stabilization

standards set forth in Subsection 93.2.1 .5 of this Regulation, or

(d) Apply two (2) inches of gravel in compliance with the

stabilization standards set forth in Subsection 93.2.1 .5 of this

Regulation, or

(e) With materials that prevent the trackout of mud and dirt to the

PAvED section such as landscaping or decorative rock.

93.2.1 .5 Stabilization Standards: For the purpose of this regulation, the

unpaved shoulders and medians of PAvED roads shall be considered to

have CoNTRoL MEASURES effectively implemented when FuGITivE DUST

EMISSIONS do not exceed 20% OPAcITY and silt loading does not equal

or exceed 0.33 oz/ft 2silt loading, as determined by Subsection 93.4.1

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(Test Methods-Stabilized PAVED Road Shoulders and Medians) of these

regulations, except for unpaved shoulders on which gravel has been

applied under the provisions of Subsection 93.2.1 .1. Failure to

comply with either the 20% OPAcITY limit or silt loading limit indicates

that the shoulder is not stable. Where gravel is utilized to prevent

trackout from unpaved shoulders and medians of PAvED roads, surface

gravel shall be uniformly applied and maintained to a depth of two (2)

inches to comply with the 20% OPAcITY standards set forth in

Subsection 93.4.1 .1 of these Regulations and the Gravel Depth And

Silt Content Test Method set forth in Subsection 93.4.1.3 of these

Regulations. For the purposes of this section, the term Gravel shall

include “aggregate” and shall mean unconsolidated material greater

than 0.25 (1/4) inch but less than three (3) inches, and contain no

more than six (6) percent silt, by dry weight, that will pass through a

No. 200 sieve. Failure to comply with either the 20% OPAcITY limit or

the Gravel Depth And Silt Content Test Method indicates that the

shoulder is not stable.

93.2.1.6 Requirements For Existing Nonconforming PAvED Roads: OwNERs

AND/OR OPERATORS having jurisdiction over, or ownership of, existing

public or private PAvED roads which do not conform with the

requirements of Subsections 93.2.1 .1 through 93.2.1 .5 of this

Regulation, shall reconstruct, or require to be reconstructed, the existing

nonconforming PAVED road within 365 calendar days following the initial

discovery that the road fails to meet the requirements set forth in

Subsections 93.2.1.1 through 93.2.1.5 of these Regulations. The

CONTROL OiFIcER may require short-term stabilization of any PAVED road

subject to the requirements set forth in Subsections 93.2.1 .1 through

93.2.1. of these Regulations. Other stabilization methods of equal or

greater effectiveness may be implemented with the written approval of

the CONTROL OFFIcER, providing emissions do not exceed 20% opacity,

unless the US EPA Region 9 objects to such approval within ninety

(90) days from the date notification of the proposed alternative

stabilization method is sent to the US EPA Region 9 by the CONTROL

OFFICER. If the US EPA Region 9 does not object within the ninety

(90) days from the date notification, the proposed alternative

stabilization method may be implemented. If the US EPA Region 9

objects to the proposed alternative stabilization method, the proposed

alternative stabilization method shall require written approval from

both the CONTROL OFFICER and the US EPA Region 9 prior to the

implementation of the proposed alternative stabilization method.

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93.2.2 Street Sweeper Requirements: After January 1, 2001, any

OWNER AND/OR OPERATOR which utilizes street sweeping equipment or

street sweeping services for street sweeping on PAVED roads or PAVED

parking lots, shall acquire or contract to acquire only certified PMio

efficient street sweeping equipment.

93.2.2.1 PMio-Efficient Street Sweepers: For the purposes of Subsection

93.2.2 of this Regulation, a PMio-efficient street sweeper is a street

sweeper which has been certified by the South Coast Air Quality

Management District (California) (SCAQMD) to comply with the

District’s performance standards set forth in SCAQMD Rule 11 86

utilizing the test methods set fourth in SCAQMD Rule 1186,

Appendix A.

93.2.3 Equipment Restriction: The use of dry rotary brushes and

blower devices for the removal of dirt, rock, or other debris from a

PAvED road. or PAVED parking lot is prohibited without the use of

sufficient wetting to limit the visible emissions to not greater than

20% opacity when measured as set forth in Subsection 93.4.1.1.

The use of dry rotary brushes or blower devices without the use of

water is expressly prohibited.

93.2.4 Crack Seal Equipment Requirements: After December 31, 2005

any OwNER AND/OR OPERATOR which utilizes crack seal cleaning

equipment shall acquire, or contract to acquire, only vacuum type

crack cleaning seal equipment.

93.3 Record Keeping And Reporting Requirements

93.3.1 Record Keeping: Any PERsoN subject to the requirements of this

Regulation shall compile and retain records that provide evidence of

CONTROL MEASURE application, by indicating type of treatment or

CONTROL MEASURE, extent of coverage, and date applied. The records

and supporting documentation shall be made available to the CONTROL

OFFIcER within 24 hours of a written request.

93.3.2 Reporting Requirements: OWNERS AND/OR OPERATORS having

jurisdiction over PAVED roads shall prepare and submit a written report to

the Clark County Department of Air Quality Management documenting

compliance with the provisions of this Regulation. This report shall be

prepared annually on a calendar year basis. The reports shall be

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transmitted no later than 90 days after the end of the calendar year and

shall include:

93.3.2.1 The total miles of PAVED roads under the jurisdiction of the OwNER

AND/OR OPERATOR and the miles of PAvED roads constructed or modified

during the reporting period.

93.3.2.2 For newly constructed or modified roads, documentation on how the

requirements of Subsections 93.2.1.1 through 93.2.1.5 have been

met.

93.3.2.3 Other information which may be needed by the CONTROL OFFICER for

compliance with EPA requirements for enforcement of this regulation.

93.3.3 Records Retention: Copies of the records required by Subsection 93.3.1

(Record Keeping Requirements) of this Regulation shall be retained for at

least one year.

93.4 Test Methods

93.4.1 Stabilization Test Methods For UNPAVED Shoulders And Medians

of PAVED Roads:

93.4.1 .1 OPAcrrY Test Method: The purpose of this test method is to estimate

the percent OPACITY of FUGITIVE DUST plumes caused by vehicle

movement on unpaved road shoulders and medians of PAvED roads.

This method can only be conducted by an individual who has received

certification as a qualified observer.

(a) Step 1: Stand at least 20 feet from the FUGITIVE DUST source in

order to provide a clear view of the EMISSIONS with the sun

oriented in the 140-degree sector to the back. Following the

above requirements, make OPACITY observations so that the line

of vision is approximately perpendicular to the dust plume and

wind direction. If multiple plumes are involved, do not include

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

(b) Step 2: Record the FUGITIvE DUST source location, source type,

method of control used, if any, observer’s name, certification

data and affiliation, and a sketch of the observer’s position

relative to the FuGITIvE DUST source. Also, record the time,

estimated distance to the FuGITIvE DUST source location,

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approximate wind direction, estimated wind speed, description

of the sky condition (presence and color’ of clouds), observer’s

position to the FuGITIvE DUST source, and color of the plume and

type of background on the visible EMISSION observation form

both when OPACITY readings are initiated and completed.

(c) Step 3: Make OPACITY observations, to the extent possible,

using a contrasting background that is perpendicular to the line

of vision. Make OPAcITY, observations approximately 3 feet

above the surface from which the plume is generated. Note

that the observation is to be made at only one visual point upon

generation of a plume, as opposed to visually tracking the entire

length of a dust plume as it is created along a surface. Make

two observations per vehicle, beginning with the first reading at

zero seconds and the second reading at five seconds. The

zero-second 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

briefly at zero seconds and then again at five seconds.

(d) Step 4: Record the OPAcITY observations to the nearest 5% on

an observational record sheet. Each momentary observation

recorded represents the average OPAcITY of EMissioNs for a

5-second period. While it is not required by the test method,

EPA recommends that the observer estimate the size of vehicles

which

mid-size

generate dust plumes for which readings are taken (e.g.

passenger car or heavy-duty truck) and the approximate

speeds the vehicles are traveling when readings are taken.

(e) Step 5: Repeat. Step 3 (Subsection 93.4.1 .1 (c) of this

Regulation) and Step 4 (Subsection 93.4.1 .1 (d) of this

Regulation) until you have recorded a total of 12 consecutive

OPAcITY readings. This will occur once six vehicles have driven

on the source in your line of observation for which you are able

to take proper readings. The 1 2 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 considered

consecutive.

(f) Step 6: Average the 1 2 OPAcITY readings together. If the

average OPAcITY reading equals 20% or lower, the source is in

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compliance with the OPAcITY standard described in Section 93

of these Regulations.

93.4.1 .2 Silt Loading Test Method: The purpose of this test method is to

estimate the silt loading of the representative surfaces of dust

palliative and untreated shoulders and medians of PAVED roads. The

higher the silt loading, the greater the amount of fine dust particles

that are entrained into the atmosphere when vehicles drive on unpaved

shoulders and medians of PAVED roads.

(a) Equipment:

(1) A set of sieves with the following openings: 4 millimeters

(ASTM No. 5), 2 millimeters, (ASTM No. 10), 1 millimeter

(ASTM No. 18), 0.5 millimeter (ASTM No. 35) and 0.25

millimeter (ASTM No. 60), (or a set of

standard/commonly available sieves), a lid, and collector

pan.

(2) Equipment necessary to collect a sample of material from

the surface of the subject area. (e.g., a small whisk

broom or paintbrush with bristles no longer than 1 .5

inches, dustpan, spatula, shallow container, sealable

plastic bags.)

(3) Equipment necessary to complete field analysis of

material. (e.g., weighting scale with half once

increments, calculator, writing material.)

(b) Step 1: Look for a representative surface within four (4) feet of

the edge of the pavement. [Only collect samples from surfaces

that are not damp due to precipitation or dew. This statement

is not meant to be a standard in itself for dampness where

watering is being used as a CoNTROL MEAsuRE. It is only

intended to ensure that surface testing is done in a

representative manner.] Gently press the edge of a dustpan into

the surface to mark an area that is 1 square foot. Collect a

sample of loose surface material using a whiskbroom or brush

and slowly sweep the material into the dustpan, minimizing

escape of dust particles. Use a spatula or similar device to lift

heavier elements such as gravel. Only collect dirt/gravel to an

approximate depth of 3/8 inch in the 1 square foot area. If you

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reach a hard, underlying subsurface that is less than 3/8 inch in

depth, do not continue collecting the sample by digging into the

hard surface. In other words, you are only collecting a surface

sample of loose material down to 3/8 inch. In order to confirm

that samples are collected to 3/8 inch in depth, a wooden dowel

or other similar narrow object at least one foot in length can be

laid horizontally across the survey area while a ruler is held

perpendicular to the dowel.

• At this point, you can choose to place the sample

collected into a plastic bag or container and return to the

DAQM facilities to complete the remaining steps or take it

to an independent laboratory for silt loading analysis. A

reference to the procedure the laboratory is required to

follow is at the end of this section.

(c) Step 2: Place a scale on a level surface. Place a lightweight

container on the scale. Zero the scale with the weight of the

empty container on it.

(d) Step 3: Stack a set of sieves in order according to the size

openings specified above, beginning with the largest size

opening (4 mm) at the top. Place a collector pan underneath the

bottom (0.25 mm) sieve.

(e) Step 4: Carefully pour the sample into the sieve stack,

minimizing escape of dust particles by slowly brushing material

into the stack with a whiskbroom or brush, (on windy days, use

the trunk or door of a car as a wind barricade). Cover the stack

with a lid. Lift up the sieve stack and shake it vigorously up,

down

minute.

and sideways or place on a powered shaker for at least 1

(f) Step 5: Remove the lid from the stack and disassemble each

sieve separately, beginning with the top sieve. As you remove

each sieve, examine it to make sure that all of the material has

been sifted to the finest sieve through which it can pass; e.g.,

material in each sieve (besides the top sieve that captures a

range of larger elements) should look the same size. If this is not

the case, re-stack the sieves and collector pan, cover the stack

with the lid, and shake it again for at least 1 minute (you only

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c’

need to reassemble the sieve(s) that contain material, which

requires further sifting).

(g) Step 6: After disassembling the sieves and collector pan,

slowly sweep the material from the collector pan into the empty

container calibrated on the scale in Step 2 (Subsection

93.4.1.2(c)). Take care to minimize escape of dust particles.

You do not need to do anything with material captured in the

sieves; only the collector pan. Weigh the container with the

material from the collector pan and record its weight.

(h) Step 7: Multiply the resulting weight by 0.38. The resulting

number is the estimated silt loading.

(I) Step 8: Select another two representative surfaces of the

unpaved road shoulder or median and repeat this test method.

Once you have calculated the silt loading of the 3 samples

collected, average your results together.

(j) Step 9: Examine Results. If the average silt loading is less than

0.33 oz/ft 2,the surface is stable.

(k) Independent Laboratory Analysis: You may choose to collect 3

samples from the source, according to Step 1 (Subsection

93.4.1.2 (b) of this Regulation), and send them to an

independent laboratory for silt loading analysis rather than

conduct the sieve field procedure. If so, the test method the

laboratory is required to use is:

“Procedures For Laboratory Analysis Of Surface/Bulk

Loading Samples”, (Fifth Edition, Volume I,

Appendix C.2.3 “Silt Analysis”, 1 995), AP-42,

Office of Air Quality Planning & Standards,

U.S. Environmental Protection Agency,

Research Triangle Park, North Carolina

93.4.1.3 GRAVEL DEPTH AND SILT CONTENT TEST METHOD: The purpose of

this two (2) part test method is to estimate the gravel depth and silt

content of graveled road shoulders and medians of PAVED roads. Two

(2) inches of gravel are required to prevent vehicle tires from digging

through the gravel. The higher the silt content in the top inch of the

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gravel, the greater the amount of fine dust particles that are entrained

into the atmosphere when vehicles drive on gravel-stabilized

shoulders.

(a) Equipment necessary to collect a sample of material from the

surface of the subject area, including a sampling device one (1)

foot by one (1) foot by one (1) inch deep, and other equipment

such as, a small whisk broom or paintbrush with bristles no

longer than 1 .5 inches, dustpan, spatula, shallow container,

sealable plastic bags, ruler, and wood dowel or similar straight

edge device.

(b) Step 1: Look for a section within four (4) feet of the edge of

pavement that has an existing gravel surface that appears

representative of the gravel shoulder. Using the spatula,

remove the gravel from a three (3) to five (5) inch diameter area

to the depth of the applied gravel surface. Make sure that the

removed gravel is placed well away from the cleared area.

Place a wooden dowel or other similar narrow object across the

cleared survey area, and measure, perpendicular to the narrow

object, to depth of the cleared area to determine the depth of

the gravel material. If the depth of the gravel material is less

than two (2) inches; the area fails and is not considered stable.

If the depth of the gravel material is two (2) inches or greater,

go to Step 2 (Subsection 93.4.1 .3 (c) of this Regulation).

(c) Step 2. Using the one (1) foot by one (1) foot by one (1) inch

deep sampling frame, gently press the edges of the frame into

the road shoulder surface to a depth of one (1) inch. Collect the

sample of loose surface material using the whiskbroom, brush,

spatula, and dustpan to collect the material into the sample bag,

minimizing escape of dust particles. Collect all material to a one

(1) inch depth in the one (1) square foot sampling frame.

(d) Step 3. Repeat Steps 1 and 2 to obtain two (2) additional

samples for a total of three (3) samples. In the event any

sampled location is found to have less than (2) inches of gravel

under Step 1, the shoulder is considered to be unstable. Do not

proceed with additional sampling.

(e) Step 4. Laboratory Analysis: Samples collected from this

source, according to Step 3 (Subsection 93.4.1 .3 (d) of this

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Regulation), are sent to a laboratory for silt content analysis.

The test method the laboratory is required to use is:

i. Wet screen the entire sample through a one (1) inch

sieve.

ii. For all material passing through the one (1) inch sieve,

use ASTM No. 200 wet Sieve Method to determine the

percentage content of silt.

(f) Step 5: Examine Results. Average the silt content for the (3)

samples. If the average silt content of the three samples is

equal to or less than or six (6) percent, the surface is stable.

History: Initial adoption: June 22, 2000

Amended: November 16, 2000; November 20, 2001; December 17, 2002; March 4, 2003

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