L.JASHOE COUNTY DISTRICT BOARD OF HEALTH MEETING Board Room

— Health Department Building L.Jells Avenue at Ninth Street

Reno, Nevada December 15, 1993 Approval/Additions/Deletions

- Agenda

— Dec. 15, 1993 1

- 2 Review/Approval of Minutes

— November 17, 1993 2 Consent Agenda

—Air Pollution Control Hearing Board Rees’s Enterprise

— Case No. 520, NOV 3026 2

- 13 Ranger Transport

- Case No. 522A, NOV3003 13

— 14 Integrated Ingredients

—Case No. 522B, NOV 3006 14 Integrated Ingredients

—Case No. 523 14

— 15 Consent Agenda

— BudgetAmendments L4IC 15—16 Tuberculosis 16 Daybreak 16

— 17 Consent Agenda

— Interj.ocal Agreements State DMVand Public Safety 17

— 18 State NDEP 18 State Health Division 19 Unappealed Notice of Violation

— So. Pacific Lines 19

—20 Unappealed Notice of Violation

— Chevron USA 20

—21 Recognitions 21

-22 Regional Emergency Medical Services Authority a) Operations and Financial Report

— November 1993 22

—23 Pub. Hrng.

— Prop. Amend.

—Schedule Service Charges and Permit Fees (cont. from November 1993) 23

—27 Pub. Hrng.

—Amend.

—Air Quality Management Regs. 28

—37 Disc./Possible Action

—Appointment of Legal Counsel Tank Farm Litigation (cont. from November 1993) 37

—39 Disc./Possjble Action

- Revisions

— Rules of Order (cont. from November 1993) 39 Summary Report

— Monthly dept. Expenditures/Revenues 40 Disc./Possible Action

— Policy

— Contractual Authority Signature (cont. from November 1993) 40

—41DBOH

December 15, 1993 Page Two
Page Staff Reports a) DistrictAttorney 41

— 43 b) Director

— Community/Clinical Health Services 43

—44 c) Director

— Environmental Health Services 44

— 49 d) Director

—Air Quality Management 50 e) Administrative Health Services Officer 51

— 53 f) District health Officer 53

— 54 PublicComment 54 55 Adjournment 55WASHOE COUNTY DISTRICT BOARD OF HEALTH MEETING

December 15, 1993 Page Two
MOTION: Mr. King moved and it was seconded by Mr. Walker

that the agenda ofthe December 15, 1993 meeting of the District Board of Health be approved. Motionwas carried unanimously.

REVIEW/APPROVALOF MINUTES

— NOVEM~~R 17, 1993 Mr. Brown called for any additions or corrections to the minutes ofthe November 17. 1993 meeting ofthe Washoe County District Board of Health.
Ms. Melanie Foster, Deputy DistrictAttorney, advised that on page eleven (11), line twenty—four (24) should be amended to read: ~for copies of exhibitsu. Ms. Foster further advised thaton page sixteen (16), line twenty—six (26), thewords

...cooperatjve and interlocal. •~N should be deleted. MOTION: Mr. King moved and it was seconded by Mr. Walker

that the minutes ofthe November 17, 1993 meeting of the Washoe County District Board of Health be approved as amended. Motion was carried unanimously.I4ASHOE COUNTY DISTRICT BOARD OF HEALTH MEETING DECEMBER 15, 1993 BOARD MEMBERS PRESENT: Mr. Steve Brown, Chairman; Commissioner Jim Shaw, Vice Chairman; Ms. Marjajjce Gait (arrived at 2:05 p.m.); Councilman Tom Herndon; Mr. Ron King; Dr. John Scott and Councilman Ernest L4alker ABSENT AND/OR EXCUSED: None STAFF: David Rice, District Health Officer; Jim Begbie, Administrative Health Services Officer; Mr. Carl Cahill, Director, Environmental Health Services; Ms. Barbara Hunt, Director, Community and Clinical Health Services; Dr. Brian Jenriison, Director, Air QualityManagement; Susan Jacobs, Health Analyst; Eileen Coulumbe, HealthAnalyst; Andy Goodrich, Air Pollution Specialist; B rryYoumans, Public Health Investigator; Steve Giardina, Public Health Investigator; Men. Jessop, Public Health Investigator; Janet Smith, Recording Secretaryand Melanie Foster, Deputy DistrictAttorney At 1:30 p.m., Mr. Brown called the District Board of Health meeting to order, followed bythe Pledge ofAllegiance tothe Flag ofour Country, led by Mr. Krueger.

APPROVAL/ADDITIONS/DELETIONS

- AGENDA

— DECEMBER 15, 1993 Mr. Brown called for anyadditions or deletions to the agenda of the December 15, 1993 meeting ofthe District Board of Health. Staff advised that therewere noadditions or deletions to the agenda.WASHOE COUNTY DISTRICT BOARDOF HEALTH MEETING

December 15, 1993 Page Twenty—eight
PUBLIC HEARING

- AMENDMENTS

- AIR QUALITY MANAGEMENT REGULATIONS 1:30 p.m. This being the time in a Notice of Public Hearing, heretofore p~Dlished in the Reno Gazette—Journal on November 17, 22 and26, 1993, to consider the approval and adoption of proposed amendmentstc theWashoe County District Board of Health Regulations Governing Air Quality Management.
Dr. Jennison advised thatthe Board members have been provided a copyofthe proposed amendments to theAirQualityManagement Regulations pertaining to Section 040.030 (Dust Control); Section 040.033 (Fooc Establishments); and Section 040.200 (Diesel Engine Idling). Dr. Jennjson advisedthat Staffconducted a workshop with representatives ofthose entitieswhich maybe affected by these amendments; that the Board members have been provided with a list ofthose companieswhowere notified anda list of those in ttendance. ~r. Jennison advised thatthe Health District is required to cocument to the Federal EPA(Environmental Protection Agency) thro~...gh its SIP (State Implementation Plan) howcompliance with the Fede—a]. health—basedstandardswill be obtained for specific criteria pollutants; thatthe District’s concerns are Ozone, Carbon Monoxide and Particulates (PM—b

—dust). Dr. Jennison then read into the record excerptsfrom EPA’s letter of October21, 1’93, addressed to Staff, regarding deficiencies inWASHOE COUNTYDISTRICT BOARDOF HEALTH MEETING

December 15, 1993 Page Twenty—nine
the District Board of Health’s Regulations pertaining to dust control, food establishments and diesel engine idling; therefore, the amendments are necessaryto bring the District into compliance with the Federal Standards. Dr. 3ennison stated that Staff recommendsthe Board approve and adopt the proposed revisions as outlined; that hewould advise the Board consider diesel engine idling (Section 040.200) first; then food establishments (Section 040.033) and then dust control (Section 040.030).
Mr. Brown declared the Public Hearing open and called upon anyone wishing to speak either in favor of or in opposition to the proposed amendmentsto Section 040.200 (Diesel Engine Idling). There being no one presentwishing to speak, the Public Hearing was closed. MOTION: Mr. Herndon moved and itwas seconded byMr. King

that the amendments to the Uashoe County Boardof Health Regulations Governing Air Quality Management, Section 040.200 (Diesel Engine Idling), be approved and adopted as outlined. Motion was carried unanimously.

Dr. Jennison advised that the proposed amendmentto SectionL~JASHOE COUNTY DISTRICT BOARD OF HEALTH MEETING

December 15, 1993 Page Thirty
040.033 (Food Establishments), simply specifies the four (4) specific pollutants with which the regulation is concerned; that the amendmentstates: “Emissionswill be calculated using the latest available emission factors for this source and all emissions will be considered, including, but not limited to, PM—b (Particulates) CO (Carbon Monoxide), VOC (Volatile Organic Compounds) and NO~ (Oxides of Nitrogen).”
Mr. Brown declared the Public Hearing open and called upon anyone wishing to speakeither in favor of or in opposition to the proposed amendments to Section 040.033 (Food Establishments). There being no one present, the Public Hearingwas closed. MOTION: Mr. Herndon moved and it was seconded by Mr. Shaw

that the amendmentto Section 040.033 (Food Establishments) to the L4ashoe County District Board of Health Regulations Governing Air Quality Management be approved and adopted as outlined. Motion was carried unanimously.

Mr. He’rndon was excused at 3:02 p.m.L.JASHOE COUNTY DISTRICT BOARD OF HEALTH MEETING

December 15, 1993 PageThirty—one

Dr. Jennison advised that the Federal EPA has concerns that the languagewithin Section 040.030 (Dust Control), in general, grants the Control Officer too much discretion in administering, implementing and enforcing the regulation, specifically the use of the word “may; that EPA recommends “may” be replaced with “shall”, as ft is the consensus that “may” is unenforceable, as it also implies “may not”. Dr. Jennison stated that it is also the consensusof EPAthat within the Prohibitions (Al), the phrase “reasonable p-ecautions to preventthe generation of dust” should be expanded to include more specific controls for each identified activity. Dr. Jennison stated that EPA recognizesthe climatic conditions of the Basin, acknowledging therewill be problemswith dustwhich are beyond reasonable control methods; that the concerns of E~A pertain to “manmade” sources of dust; that ifwe use reasonably available control measures (i.e. water, palliatjves, ~aving, dust control plans, etc.), EPA’s concerns will be satis~ied. Dr. Jennison advised that Staff has changed “may” to “shall”, and in some instances added the language “if determined ne~essary”; that this allows Staffthe discretion to take the specific conditions of individual projects into consideration. Dr. Jennison advised that the most substantive revisions are within Subsection B., Correction of Condition. Dr. Jennisori then read Subsection B. in full into the record, advisingWASHOE COUNTY DISTRICT BOARDOF HEALTH MEETING

December 15, 1993 Page Thirty—two
that s the Board is aware, there have been recent discussions regarding the language

...he shall notifythe person of that fact and specify a period of time in which the person must achieve compliance.”; that it is the consensus of Staff that the period of time specified for compliance cannot exceedtwenty—four (24) hours; that Staffdoes have the authorityto issue a citation for every daya violation is on—going; that if Staff issues awarning one (1) day and theviolation is still on—going the next day. Staff hasthe authorityto issue citation for that violation; that the proposed amendmentwill specifically indicate “the Period oftime to achi ye compliance” istwenty—four (24) hours; that it. is further the consensus of Staffthat this proposed amendment is a clarification of Staff policy and is nota revision tothe Regulation. In response to Mr. King regarding the Universityof Nevada Reno Farms, Dr. Jennjson advised that UNR Farms is now considered exempt under NRS (Nevada Revised Statutes) as a commercial agricultural operation.
Mr. Brown declared the Public Hearing open and called upon anyone wishing to speak either in favor of or in opposition to the proposed revisions to the District Board of Health Regulations Governing Air Quality Management.WASHOE COUNTY DISTRICT BOARDOF HEALTH MEETING

December 15, 1993 Page Thirty—three
Ms. Laura Link, Director, Health and Safety, Universityof Nevada, Reno, advised that UNR does not consider UNR Farms a commercial agricultural operation; thatshe has conferred with Dr. Jennison regarding the development of a formalized Memorandum of Understanding with the Air Quality Management Division delineating the operations of UNR Farms and to formalize the control requirements ofAir Quality in an effort to minimizethe problems for the surrounding area. Mr. Brown directed Air Quality Staff toworkwith Ms. Linkto develop a Memorandum of Understanding as outlined and report backtothe Board.
Mr. RickTrachok, Attorney representing Granite Construction, introduced Mr. Paul Gianoli, Granite Construction, and advised that Granite Construction hasconcerns regarding Subsection B., Correction of Conditions, of Section 040.030 (Dust Control); that hewould request this Section of the Regulations be tabled to allowfor a second PublicWorkshop to be conducted; that hewould contact representatives ofthe industry to meetwith Staff to further reviewthe proposed revisions tothis Section. Mr. Trachokstated that he is aware that Staffopposes tabling this Section and conducting another workshop. Mr. TrachoicthenWASHOE COUNTY DISTRICT BOARDOF HEALTH MEETING

December 15, 1993 Page Thirty—four
referred to theWinter Particulates Emissions Chart, on page eleven (ii) of the 1992/93 District Health Department. Ani~ai Report, dvising that the major contributor to Particulates (PM—b) is pavedstreets (55%) overwhich the District. i~as no authority; that22% of the problem is caused byfireplaces (nd/or woodstoves; therefore, 77%of the Particulate problem is caused by these sourceswith construction dust representing only4% uf the Particulate problem; that elimination ofthe construction dust contribution would therefore, represent onlya4% improvement in air quality. Kr. Trachokthen reviewed Granite Construction Company’scurrent projects, advising that last year Granite Construction had thirty (30) on—going projects and receivcc) three (3) written warnings and three (3) citations; thattwo (2) of these citationswere issuedwhen thewinds exceeded sixty (60) miles per hour; that construction companies are nowexpending large sums of moneyto control a condition which represents only 4% of the problem. Mr. Trachokstated that hewould recommend that the issues of dust control be addressed through the dust control plan’s); that the regulations have to allowfor flexibility taking into consideration the climatic conditions of the area. Mr. Trachokthen outlined his concerns regarding the issuance of three (3) written warnings per company per year, regardless o~ the number of projects; thatthis penalizes theL.JASHOE COUNTY DISTRICT BOARDOF HEALTH MEETING

December 15, 1993 Page Thirty—five larger operators. In responseto Mr. King regarding the workshop, Mr. Trachokadvised that hewas not aware of theworkshop, and Granite Construction did not have a representative attend.
Mr. King stated that Mr. Trachok refers to the 4% contri ution of particulates caused by construction; however, there is no reference towhat the percentagewould be if thereweren’t the stringent control measures in place; that Mr. Trachokalso referred to the paved streets being the major source of particulates; however, a percentage of the problemswith paved streets is dust due to tracking from the construction industry.
In responseto Mr. King, Mr. Trachok stated thatthe tracking issues can also be addressedwithin the dust control plan.
In response to Mr. Trachok, Dr. Jennison advised thattwenty—four (24) hours is the established time for an operation to come into compliance, as the District Health Department (perthe Regulation) is not allowed to “ignore’ aviolation; that per the Regulations, Staff is also required to issuea citation if aviolation continues for more than a twenty—four (24) hour period. Dr. Jennison advised that the Regulations do allowfor a companyto applyforavariance when compliance with the Regulations cannotWASHOE COUNTY DISTRICT BOARDOF HEALTH MEETING

December 15, 1993 PageThirty—six
be achieved; that Staffdoes not have the authority to approve a TMfield administrativevariance. In response to Dr. Scott regarding construction dust representing only4%of the PM—jO problem, Dr. Jennison advised that there are health risks from inhaling particulates; thatthe Health Departmentattempts to control the problem(s) through regulatory measures; that Staff doesattempt to address other particulate sources (i.e. road sand, vehicle traffic, ótc.); however, as he stated, the Health Departmentcannot Nignore anyaspects over which the Health Department has authority. Dr. Jennison advised that larger companies (i.e. Granite Construction) can receive up to three (3) writtenwarnings in ayear, whereas a smaller company with one (1) location sitewill only receive one (1) written warning prior to the issuari~ceofa citation; that this is per the Enforcement Policyadopted bythe Board in October 1991.
There being noone elsewishing to speakeither in favor of or in opposition to the proposedamendmentsthe Public Hearingwas closed.
Mr. Walker stated that hewould have noobjection to tabling the proposed amendmentsand directing Staffto conductan additional workshop.WASHOE COUNTY DISTRICT BOARDOF HEALTH MEETING

December 15, 1993 Page Thirty—seven

In response to Mr. Walker, Mr. King stated that Granite Construction did receive notification of the publicworkshop which was held; that other construction companies had representatives in attendance; that Granite Construction had thesame opportunity to attend asthe other companies. MOTION: Mr. Shawmoved and itwas seconded by Mr. King that

the amendments to Section 040.030 (Dust Control) of the l4ashoe County District Board of Health Regulations GoverningAir Quality Management, be approved and adopted as outlined. Motionwas carriedwith Mr. Walkervoting Mn~M

The Board recessed at 2:30 p.m. and reconvened at2:35 p.m.

CONSIDERATION/POSSIBLE ACTION

—APPOINTMENTOF LEGAL COUNSEL

- TANK FARM LITIGATION (cont. from November 1993 meeting) Mr. Carl Cahill, Director, Environmental Health Services, advised that per the Board’s direction, Staff contacted Regional EPA (Environmental Protection Agency) regarding EPA’s continued assistance (to the District) if the EPAwas no longer involved in the Tank Farm clean—up; that EPAtentativelyadvised thatthe