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, NOV 3003 13 — 14

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

Integrated Ingredients — Case No. 523 14 — 15

Consent Agenda — Budget Amendments

L4IC 15—16

Tuberculosis 16

Daybreak 16 — 17

Consent Agenda — Interj.ocal Agreements

State DMV and 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 — 41
DBOH

December 15, 1993

Page Two

Page

Staff Reports

a) District Attorney 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

Public Comment 54 55

Adjournment 55
WASHOE 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 of the December 15, 1993 meeting of

the District Board of Health be approved.

Motion was carried unanimously.

REVIEW/APPROVAL OF MINUTES — NOVEM~~R 17, 1993

Mr. Brown called for any additions or corrections to the minutes

of the November 17. 1993 meeting of the Washoe County District

Board of Health.

Ms. Melanie Foster, Deputy District Attorney, advised that on page

eleven (11), line twenty—four (24) should be amended to read:

~for copies of exhibitsu. Ms. Foster further advised that on

page sixteen (16), line twenty—six (26), the words . ..cooperatjve

and interlocal. •~N should be deleted.

MOTION: Mr. King moved and it was seconded by Mr. Walker

that the minutes of the 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 Quality Management; Susan

Jacobs, Health Analyst; Eileen Coulumbe,

Health Analyst; Andy Goodrich, Air

Pollution Specialist; B rry Youmans,

Public Health Investigator; Steve

Giardina, Public Health Investigator; Men.

Jessop, Public Health Investigator; Janet

Smith, Recording Secretary and Melanie

Foster, Deputy District Attorney

At 1:30 p.m., Mr. Brown called the District Board of Health

meeting to order, followed by the Pledge of Allegiance to the Flag

of our Country, led by Mr. Krueger.

APPROVAL/ADDITIONS/DELETIONS - AGENDA — DECEMBER 15, 1993

Mr. Brown called for any additions or deletions to the agenda of

the December 15, 1993 meeting of the District Board of Health.

Staff advised that there were no additions or deletions to the

agenda.
WASHOE COUNTY DISTRICT BOARD OF 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 and 26, 1993, to consider the approval and adoption of proposed

amendments tc the Washoe County District Board of Health

Regulations Governing Air Quality Management.

Dr. Jennison advised that the Board members have been provided a

copy of the proposed amendments to the Air Quality Management

Regulations pertaining to Section 040.030 (Dust Control); Section

040.033 (Fooc Establishments); and Section 040.200 (Diesel Engine

Idling). Dr. Jennjson advised that Staff conducted a workshop

with representatives of those entities which may be affected by

these amendments; that the Board members have been provided with a

list of those companies who were notified and a list of those in

ttendance. ~r. Jennison advised that the Health District is

required to cocument to the Federal EPA (Environmental Protection

Agency) thro~...gh its SIP (State Implementation Plan) how compliance

with the Fede—a]. health—based standards will be obtained for

specific criteria pollutants; that the District’s concerns are

Ozone, Carbon Monoxide and Particulates (PM—b — dust). Dr.

Jennison then read into the record excerpts from EPA’s letter of

October 21, 1’93, addressed to Staff, regarding deficiencies in
WASHOE COUNTY DISTRICT BOARD OF 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 necessary to bring the District into compliance

with the Federal Standards. Dr. 3ennison stated that Staff

recommends the Board approve and adopt the proposed revisions as

outlined; that he would 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 amendments to Section 040.200 (Diesel Engine Idling).

There being no one present wishing to speak, the Public Hearing

was closed.

MOTION: Mr. Herndon moved and it was seconded by Mr. King

that the amendments to the Uashoe County Board of

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 amendment to Section
L~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 amendment states: “Emissions will 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 speak either in favor of or in opposition to the

proposed amendments to Section 040.033 (Food Establishments).

There being no one present, the Public Hearing was closed.

MOTION: Mr. Herndon moved and it was seconded by Mr. Shaw

that the amendment to 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

Page Thirty—one

Dr. Jennison advised that the Federal EPA has concerns that the

language within 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

consensus of EPA that within the Prohibitions (Al), the phrase

“reasonable p-ecautions to prevent the generation of dust” should

be expanded to include more specific controls for each identified

activity. Dr. Jennison stated that EPA recognizes the climatic

conditions of the Basin, acknowledging there will be problems with

dust which are beyond reasonable control methods; that the

concerns of E~A pertain to “manmade” sources of dust; that if we

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 Staff the 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, advising
WASHOE COUNTY DISTRICT BOARD OF HEALTH MEETING

December 15, 1993

Page Thirty—two

that s the Board is aware, there have been recent discussions

regarding the language .. .he shall notify the 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 exceed twenty—four (24)

hours; that Staff does have the authority to issue a citation for

every day a violation is on—going; that if Staff issues a warning

one (1) day and the violation is still on—going the next day.

Staff has the authority to issue citation for that violation;

that the proposed amendment will specifically indicate “the Period

of time to achi ye compliance” is twenty—four (24) hours; that it.

is further the consensus of Staff that this proposed amendment is

a clarification of Staff policy and is not a revision to the

Regulation. In response to Mr. King regarding the University of

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 BOARD OF HEALTH MEETING

December 15, 1993

Page Thirty—three

Ms. Laura Link, Director, Health and Safety, University of Nevada,

Reno, advised that UNR does not consider UNR Farms a commercial

agricultural operation; that she 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 of Air Quality in an effort to minimize the problems

for the surrounding area.

Mr. Brown directed Air Quality Staff to work with Ms. Link to

develop a Memorandum of Understanding as outlined

and report back to the Board.

Mr. Rick Trachok, Attorney representing Granite Construction,

introduced Mr. Paul Gianoli, Granite Construction, and advised

that Granite Construction has concerns regarding Subsection B.,

Correction of Conditions, of Section 040.030 (Dust Control); that

he would request this Section of the Regulations be tabled to

allow for a second Public Workshop to be conducted; that he would

contact representatives of the industry to meet with Staff to

further review the proposed revisions to this Section. Mr.

Trachok stated that he is aware that Staff opposes tabling this

Section and conducting another workshop. Mr. Trachoic then
WASHOE COUNTY DISTRICT BOARD OF HEALTH MEETING

December 15, 1993

Page Thirty—four

referred to the Winter 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 paved streets (55%) over which the District. i~as no

authority; that 22% of the problem is caused by fireplaces (nd/or

woodstoves; therefore, 77% of the Particulate problem is caused by

these sources with construction dust representing only 4% uf the

Particulate problem; that elimination of the construction dust

contribution would therefore, represent only a 4% improvement in

air quality. Kr. Trachok then reviewed Granite Construction

Company’s current projects, advising that last year Granite

Construction had thirty (30) on—going projects and receivcc) three

(3) written warnings and three (3) citations; that two (2) of

these citations were issued when the winds exceeded sixty (60)

miles per hour; that construction companies are now expending

large sums of money to control a condition which represents only

4% of the problem. Mr. Trachok stated that he would recommend

that the issues of dust control be addressed through the dust

control plan’s); that the regulations have to allow for

flexibility taking into consideration the climatic conditions of

the area. Mr. Trachok then outlined his concerns regarding the

issuance of three (3) written warnings per company per year,

regardless o~ the number of projects; that this penalizes the
L.JASHOE COUNTY DISTRICT BOARD OF HEALTH MEETING

December 15, 1993

Page Thirty—five

larger operators. In response to Mr. King regarding the workshop,

Mr. Trachok advised that he was not aware of the workshop, 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 to what the percentage would be if there weren’t the

stringent control measures in place; that Mr. Trachok also

referred to the paved streets being the major source of

particulates; however, a percentage of the problems with paved

streets is dust due to tracking from the construction industry.

In response to Mr. King, Mr. Trachok stated that the tracking

issues can also be addressed within the dust control plan.

In response to Mr. Trachok, Dr. Jennison advised that twenty—four

(24) hours is the established time for an operation to come into

compliance, as the District Health Department (per the Regulation)

is not allowed to “ignore’ a violation; that per the Regulations,

Staff is also required to issue a citation if a violation

continues for more than a twenty—four (24) hour period. Dr.

Jennison advised that the Regulations do allow for a company to

apply for a variance when compliance with the Regulations cannot
WASHOE COUNTY DISTRICT BOARD OF HEALTH MEETING

December 15, 1993

Page Thirty—six

be achieved; that Staff does not have the authority to approve a

TMfield administrative variance. In response to Dr. Scott

regarding construction dust representing only 4% of the PM—jO

problem, Dr. Jennison advised that there are health risks from

inhaling particulates; that the Health Department attempts to

control the problem(s) through regulatory measures; that Staff

does attempt to address other particulate sources (i.e. road sand,

vehicle traffic, ótc.); however, as he stated, the Health

Department cannot Nignore any aspects over which the Health

Department has authority. Dr. Jennison advised that larger

companies (i.e. Granite Construction) can receive up to three (3)

written warnings in a year, whereas a smaller company with one

(1) location site will only receive one (1) written warning prior

to the issuari~ce of a citation; that this is per the Enforcement

Policy adopted by the Board in October 1991.

There being no one else wishing to speak either in favor of or in

opposition to the proposed amendments the Public Hearing was

closed.

Mr. Walker stated that he would have no objection to tabling the

proposed amendments and directing Staff to conduct an additional

workshop.
WASHOE COUNTY DISTRICT BOARD OF HEALTH MEETING

December 15, 1993

Page Thirty—seven

In response to Mr. Walker, Mr. King stated that Granite

Construction did receive notification of the public workshop which

was held; that other construction companies had representatives in

attendance; that Granite Construction had the same opportunity to

attend as the other companies.

MOTION: Mr. Shaw moved and it was seconded by Mr. King that

the amendments to Section 040.030 (Dust Control) of

the l4ashoe County District Board of Health

Regulations Governing Air Quality Management, be

approved and adopted as outlined.

Motion was carried with Mr. Walker voting Mn~M

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

CONSIDERATION/POSSIBLE ACTION — APPOINTMENT OF 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 EPA was no longer involved in

the Tank Farm clean—up; that EPA tentatively advised that the