SECTION 13: NATIONAL EMISSION STANDARDS FOR HAZARDOUS
AIR POLLUTANTS

13.1 40 CFR 61 Incorporated by Reference

........................................................... 1
13.2 40 CFR 63 Incorporated by Reference

........................................................... 213.1 40 CFR 61 Incorporated by Reference

The following subparts of 40 CFR Part 61, “National Emission Standards for Hazardous Air Pollutants (NESHAPs),” and all accompanying appendices adopted as of July 1, 2009, and no future editions or amendments, are incorporated by reference as applicable requirements. These standards are on file with the department and shall be applied by the Control Officer.

(a) In the event that an AQR contains a requirement that is more stringent than a NESHAPs requirement, the more stringent requirement shall apply.

(b) For purposes of Section 13, the word “Administrator” as used in 40 CFR Part 61 shall mean the Control Officer, except that the Control Officer shall not be authorized to approve alternate test methods or alternate opacity limits, or administer any authorities under 40 CFR Part 61 not delega ted by
EPA.

(1) Subpart A - General Provisions.

(2) Subpart C - National Emission Standard for Beryllium.

(3) Subpart D - National Emissio n Standard for Beryllium Rocket Motor Firing.

(4) Subpart E - National Emission Standard for Mercury.

(5) Subpart F - National Emission Standard for Vinyl Chloride.

(6) Subpart J - National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene.

(7) Subpart L - National Emission Standard for Benzene Emissions from Coke By

- Product Recovery Plants.

(8) Subpart M - National Emission Standard for Asbestos.

(9) Subpart N - National Emission Standard for Inorganic Arsenic Emissions from Glass Manufacturing Plants.

(10) Subpart O - National Emission Standard for Inorganic Arsenic Emissions from Primary Copper Smelters.

(11) Subpart P - National Emission Standard for Inorganic Arsenic
Emissions from Arsenic Trioxide and Metallic Arsenic Production
Facilities.

(12) Subpart V - Nation al Emission Standard for Equipment Leaks (Fugitive Emission Sources).(13) Subpart Y - National Emission Standard for Benzene Emissions from Benzene Storage Vessels.

(14) Subpart BB - National Emission Standard for Benzene Emissions from Benzene Transfer Operations.

(15) Subpart FF - National Emission Standard for Benzene Waste Operations.

13.2 40 CFR 63 Incorporated by Reference

The following subparts of 40 CFR Part 63, “NESHAPs for Source Categories,” and all accompanying appendices adopted as of July 1, 2009, and no future editions or amendments, are incorporated by reference. These standards are on file with the department and shall be applied by the Control Officer.

(a) In the event that an AQR contains a requirement that is more stringent than a NESHAPs requirement, the more stringent requirement shall apply.

(b) For purposes of Section 13, the word "Administrator" as used in 40 CFR Part 63 shall mean the Control Officer, except that the Control Officer shall not be authorized to approve alternate test methods or alternate opacit y limits, or administer any authorities under 40 CFR Part 63 not delega ted by
EPA.

(1) Subpart A - General Provisions.

(2) Subpart B - Requirements for Control Technology Determinations for Major Sources in Accordance with Clean Air Act Sections, Sections 112(g) and 112(j).

(3) Subpart C – List of Hazardous Air Pollutants, Petition Process, Lesser Quantity Designations, Source Category List.

(4) Subpart D - Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants.

(5) Subpart F - National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry.

(6) Subpart G - National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations,
and Wastewater.

(7) Subpart H - National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks.(8) Subpart I - National Emission Standards for Organic Hazardous Air
Pollutants for Certain Processes Subject to the Negotiated Regulations for Equipment Leaks.

(9) Subpart J - National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production.

(10) Subpart L - National Emission Standards for Coke Oven Batteries.

(11) Sub part M - National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities.

(12) Subpart N - National Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks.

(13) Subpart O - Ethylene Oxide Emissions Standards for Sterilization
Facilities.

(14) Subpart Q - National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling. Towers.

(15) Subpart R - National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations).

(16) Subpart S - National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry.

(17) Subpart T - National Emission Standards for Halogenated Solvent Cleaning.

(18) Subpart U - National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins.

(19) Subpart W - National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Non

- Nylon Polyamides
Production.

(20) Subpart X - National Emission Standards for Hazardous Air Pollutants from Secondary Lead Smelting.

(21) Subpart AA - National Emission Standards for Hazardous Air Pollutants from Phosphoric Acid Manufacturing Plants.

(22) Subpart BB - National Emission Standards for Hazardous Air Pollutants from Phosphate Fertilizers P roduction Plants.(23) Subpart CC - National Emission Standards for Hazardous Air
Pollutants from Petroleum Refineries.

(24) Subpart DD - National Emission Standards for Hazardous Air
Pollutants from Off

- Site Waste and Recovery Operations.

(25) Subpart EE - National Emis sion Standards for Magnetic Tape Manufacturing Operations.

(26) Subpart GG - National Emission Standards for Aerospace Manufacturing and Rework Facilities.

(27) Subpart HH - National Emission Standards for Hazardous Air
Pollutants from Oil and Natural Gas Production Facilities.

(28) Subpart II - National Emission Standards for Shipbuilding and Ship Repair (Surface Coating).

(29) Subpart JJ - National Emission Standards for Wood Furniture Manufacturing Operations.

(30) Subpart KK - National Emission Standards for Printing and Publishing Industry.

(31) Subpart LL - National Emission Standards for Hazardous Air Pollutants for Primary Aluminum Reduction Plants.

(32) Subpart MM - National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Source at Kraft, Soda, Sulfite and Stand

- alone Semichemical Pulp Mills.

(33) Subpart OO - National Emission Standards for Tanks - Level 1.

(34) Subpart PP - National Emission Standards for Containers.

(35) Subpart QQ - National Emission Standards for Surface Impoundments.

(36) Subpart RR - Nationa l Emission Standards for Individual Drain Systems.

(37) Subpart SS - National Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process.

(38) Subpart TT - National Emission Standards for Equipment Lea ks

-- Control Level 1.(39) Subpart UU - National Emission Standards for Equipment Leaks

-- Control Level 2 Standards.

(40) Subpart VV - National Emission Standards for Oil

- Water Separators and Organic

- Water Separators.

(41) Subpart WW - National Emission Standards for Storage Vessels (Tanks)

-- Control Level 2.

(42) Subpart XX - National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations.

(43) Subpart YY - National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards.

(44) Subpart CCC - National Emission Standards for Hazardous Air Pollutants for Steel Pickling

-- HCL Process Facilities and Hydrochloric Acid Regeneration Plants.

(45) Subpart DDD - National Emission Standards for Hazardous Air
Pollutants for Mineral Wool Production.

(46) Subpart EEE - National Emission Standards for Hazardous Air
Pollutants from Hazardous Waste Combustors.

(47) Subpart GGG - National Emission Standards for Pharmaceuticals
Production.

(48) Subpart HHH - Nat ional Emission Standards for Hazardous Air Pollutants from Natural Gas Transmission and Storage Facilities.

(49) Subpart III - National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production.

(50) Subpart JJJ - National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins.

(51) Subpart LLL - National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry.

(52) Subpart MMM - National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production.

(53) Subpart NNN - National Emission Standards for Hazardous Air Pollutants for Wool Fiber Glass Manufacturing.(54) Subpart OOO - National Emission Standards for Hazardous Air
Pollutant Emissions: Manufacture of Amino/Phenolic Resins.

(55) Subpart PPP - National Emission Standards for Hazardous Air Pollutants for Polyether Polyols Production.

(56) Subpart QQQ - National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting.

(57) Subpart RRR - National Emissions Standards for Hazardous Air Pollutants for Secondary Aluminum Production.

(58) Subpart TTT

-- National Emission Standards for Hazardous Air Pollutants for Primary Lead Smelting.

(59) Subpart UUU - National Emission Standards for Hazardous Air
Pollutants for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units.

(60) Subpart VVV - National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works.

(61) Subpart XXX - National Emission Standards for Hazardous Air Pollutants for Ferroalloys Production: Ferromanganese and Silicomanganese.

(62) Subpart AAAA - National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills.

(63) Subpart CCCC - National Emission Standards for Hazardous Air
Pol lutants: Manufacturing of Nutritional Yeast.

(64) Subpart DDDD - National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products.

(65) Subpart EEEE - National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non

- Gasoline).

(66) Subpart FFFF - National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing.

(67) Subpart GGGG - National Emission Standards for Hazardous Air Pollutants: Solvent Extraction for Vegetable Oil Production

.
(68) Subpart HHHH - National Emission Standards for Hazardous Air
Pollutants for Wet

- formed Fiberglass Mat Production.(69) Subpart IIII - National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light

- duty Trucks.

(70) Subpart JJJJ - National Emission Standards for Hazardous Air Pollutants: Paper and Other Web Coating.

(71) Subpart KKKK - National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Cans.

(72) Subpart MMMM - National Emission Standards for Hazardous Air
Po llutants for Surface Coating of Miscellaneous Metal Parts and
Products.

(73) Subpart NNNN - National Emission Standards for Hazardous Air Pollutants: Surface Coating of Large Appliances.

(74) Subpart OOOO - National Emission Standards for Hazardous Air
Pollutants: P rinting, Coating, and Dyeing of Fabrics and Other
Textiles.

(75) Subpart PPPP - National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products.

(76) Subpart QQQQ - National Emission Standards for Hazardous Air
Pollutants: Surface Coating of Wood Building Products.

(77) Subpart RRRR - National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Furniture.

(78) Subpart SSSS - National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Coil.

(79) Subpart TTTT - National Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations.

(80) Subpart UUUU - National Emission Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing.

(81) Subpart VVVV - National Emission Standards for Hazardous Air Pollutants for Boat Manufacturing.

(82) Subpart WWWW - National Emission Standards for Hazardous Air Pollutants: Reinforced Plastic Composites Production.

(83) Subpart XXXX - National Emission Standards for Hazardous Air
Pollutants: Rubber Tire Manufacturing.(84) Subpart YYYY - National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines.

(85) Subpart ZZZZ - National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines.

(86) Subpart AAAAA - National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants.

(87) Subpart BBBBB - National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing.

(88) Subpart CCCCC - National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery
Stacks.

(89) Subpart DDDDD - National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and
Process Heaters.

(90) Subpart EEEEE - National Emission Standards for Hazardous Air
Pollutants for Iron and Steel Foundries.

(91) Subpart FFFFF - National Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Manufacturing Facilities.

(92) Subpart GGGGG - National Emission Standards for Hazardous Air
Pollutants: Site Remediation.

(93) Subpart HHHHH - National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing.

(94) Subpart IIIII - National Emission Standards for Hazardous Air Pollutants: Mercury Emissions from Mercu ry Cell Chlor

- Alkali
Plants.

(95) Subpart JJJJJ - National Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products Manufacturing.

(96) Subpart KKKKK - National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufactu ring.

(97) Subpart LLLLL - National Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing.

(98) Subpart MMMMM - National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication Operation s.(99) Subpart NNNNN - National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production.

(100) Subpart PPPPP - National Emission Standards for Hazardous Air Pollutants for Engine Test Cells/Stands.

(101) Subpart QQQQQ - National Emission Standards for Hazardous Air Pollutants for Friction Materials Manufacturing Facilities.

(102) Subpart RRRRR - National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing.

(103) Subpart SSSSS - National Emission Standards for Hazardous Air
Pollutants for Refractory Products Manufacturing.

(104) Subpart TTTTT - National Emission Standards for Hazardous Air Pollutants for Primary Magnesium Refining.

(105) Subpart WWWWW – National Emission Standards for Hospital Ethylene Oxide Sterilizers.

(106) Subpart YYYYY – National Emiss ion Standards for Hazardous Air Pollutants for Areas Sources: Electric Arc Furnace Steelmaking
Facilities.

(107) Subpart ZZZZZ – National Emission Standards for Hazardous Air
Pollutants for Iron and Steel Foundries Area Sources.

(108) Subpart BBBBBB – National Emissio n Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities.

(109) Subpart CCCCCC – National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Fac ilities.

(110) Subpart DDDDDD – National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production
Area Sources.

(111) Subpart EEEEEE – National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting Area Sou rces.

(112) Subpart FFFFFF – National Emission Standards for Hazardous Air Pollutants for Secondary Copper Smelting Area Sources.

(113) Subpart GGGGGG – National Emission Standards for Hazardous Air Pollutants for Primary Nonferrous Metals Area Sources – Zinc, Cadmium, and Beryllium.(114) Subpart HHHHHH – National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources.

(115) Subpart LLLLLL – National Emission Standards for Hazardous Air
Pollutants for A crylic and Modacrylic Fibers Production Area
Sources.

(116) Subpart MMMMMM – National Emission Standards for Hazardous
Air Pollutants for Carbon Black Production Area Sources.

(117) Subpart NNNNNN – National Emission Standards for Hazardous
Air Pollutants for Chemical Manufacturing Area Sources: Chromium Compounds.

(118) Subpart OOOOOO – National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production and
Fabrication Area Sources.

(119) Subpart PPPPPP – National Emission Standards for Hazardous Ai r Pollutants for Lead Acid Battery Manufacturing Area Sources.

(120) Subpart QQQQQQ – National Emission Standards for Hazardous Air Pollutants for Wood Preserving Area Sources.

(121) Subpart RRRRRR – National Emission Standards for Hazardous Air Pollutants for Clay Ce ramics Manufacturing Area Sources.

(122) Subpart SSSSSS – National Emission Standards for Hazardous Air Pollutants for Glass Manufacturing Area Sources.

(123) Subpart TTTTTT – National Emission Standards for Hazardous Air Pollutants for Secondary Nonferrous Metals Processing Area
Sources.

(124) Subpart WWWWWW – National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations.

(125) Subpart XXXXXX – National Emission Standards for Hazardous Air
Pollutants Area Source Standards for Nine Metal Fabrication and Finishing Source Categories.

(126) Subpart YYYYYY – National Emission Standards for Hazardous Air Pollutants for Area Sources: Ferroalloys Production Facilities.(127) Subpart ZZZZZZ – National Emission Standards for Hazardous Air
Pollutant s: Area Source Standards for Aluminum, Copper, and
Other Nonferrous Foundries.

History: Amended: September 3, 1981; May 15, 1985; April 23, 1987; February 20, 2001; June 3, 2003; July 1, 2004; May 18, 2010

.SECTION 14: NEW SOURCE PERFORMANCE STANDARDS

14.1 40 CFR Part 60 Incorporated by Reference

......................................................... 114.1 40 CFR Part 60 Incorporated by Reference

The following subparts of 40 CFR Part 60, “Standards of Performance for New Stationary Sources (NSPS),” and all accompanying appendices adopted as of July 1, 2009, and no future editions or amendments, are incorporated by reference. These standards are on file with the department and shall be applied by the Control Officer.

(a) In the event that an AQR contains a requirement that is more stringent than a NSPS requirement, the more stringent requirement shall apply.

(b) For the purpose of Section 14, the word "Administrator" as used in 40 CFR Part 60 shall mean the Control Officer, except that the Control Officer shall not be authorized to approve alternate test methods or alternate opacity limits, or administer any authorities unde r 40 CFR
Part 60 not delegated by EPA.

(1) Subpart A – General Provisions.

(2) Subpart C – Emission Guidelines and Compliance Times.

(3) Subpart Ca – Emission Guidelines and Compliance Times for Municipal Waste Combustors.

(4) Subpart Cb – Emission Guidelines and Complian ce Times for Large Municipal Waste Combustors That are Constructed on or Before September 20, 1994.

(5) Subpart Cc – Emissions Guidelines and Compliance Times for Municipal Solid Waste Landfills.

(6) Subpart Cd – Emissions Guidelines and Compliance Times for
Sulfu ric Acid Production Units.

(7) Subpart Ce – Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators.

(8) Subpart D – Standards of Performance for Fossil

- Fuel

- Fired
Steam Generators for Which Construction Is Commenced After Augus t 17, 1971.

(9) Subpart Da – Standards of Performance for Electric Utility
Steam Generating Units for Which Construction is Commenced After September 18, 1978.

(10) Subpart Db – Standards of Performance for Industrial - Commercial - Institutional Steam Generating U nits.(11) Subpart Dc – Standards of Performance for Small Industrial - Commercial - Institutional Steam Generating Units.

(12) Subpart E – Standards of Performance for Incinerators.

(13) Subpart Ea – Standards of Performance for Municipal Waste
Combustors for Which Construction is Commenced after December 20, 1989 and on or Before September 20, 1994.

(14) Subpart Eb – Standards of Performance for Large Municipal
Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reco nstruction is Commenced After June 19, 1996.

(15) Subpart Ec – Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996.

(16) Subpart F – Standards of Performance for Portland Cement
Plants.

(17) Subpart G – Standards of Performance for Nitric Acid Plants.

(18) Subpart H – Standards of Performance for Sulfuric Acid Plants.

(19) Subpart I – Standards of Performance for Hot Mix Asphalt
Facilities.

(20) Subpart J – Standards of Performance for Petroleum Refineries.

(21) Subpart K – Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978.

(22) Subpart Ka – Standards of Performance for Storage Vessels for
P etroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984.

(23) Subpart Kb – Standards of Performance for Storage Vessels for Petroleum Liquids.

(24) Subpart L – Standards of Performance for Secondary Lead
Smelters.

(25) Subpart M – Standards of Performance for Secondary Brass
and Bronze Production Plants.(26) Subpart N – Standards of Performance for Primary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 19 73.

(27) Subpart Na – Standards of Performance for Secondary Emissions from basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983.

(28) Subpart O – Standards of Performance for Sewage Treatment
Plants.

(29) Subpart P – Sta ndards of Performance for Primary Copper
Smelters.

(30) Subpart Q – Standards of Performance for Primary Zinc
Smelters.

(31) Subpart R – Standards of Performance for Primary Lead
Smelters.

(32) Subpart S – Standards of Performance for Primary Aluminum
Reduction Plants.

(33) S ubpart T – Standards of Performance for the Phosphate Fertilizer Industry: Wet

- Process Phosphoric Acid Plants.

(34) Subpart U – Standards of Performance for the Phosphate Fertilizer Industry: Superphosphoric Acid Plants.

(35) Subpart V – Standards of Performance for the Phosphate Fertilizer Industry: Diammonium Phosphate Plants.

(36) Subpart W – Standards of Performance for the Phosphate Fertilizer Industry: Triple Superphosphate Plants.

(37) Subpart X – Standards of Performance for the Phosphate Fertilizer Industry: Granular Triple Phosphate Storage Facilities.

(38) Subpart Y – Standards of Performance for Coal Preparation
Plants.

(39) Subpart Z – Standards of Performance for Ferroalloy Production
Facilities.

(40) Subpart AA – Standards of Performance for Steel Plants:
Electric Arc Furnaces Constructed After October 21, 1974 and On or Before August 17, 1983.(41) Subpart AAa – Standards of Performance for Steel Plants: Electric Arc Furnaces and Argon

- Oxygen Decarburization Vessels Constructed After August 7, 1983.

(42) Subpart BB – Standards of Performance for Kraft Pulp Mills.

(43) Subpart CC – Standards of Performance for Glass Manufacturing Plants.

(44) Subpart DD – Standards of Performance for Grain Elevators.

(45) Subpart EE – Standards of Performance for Surface Coating of
Metal Furniture.

(46) Subpart GG – St andards of Performance for Stationary G AS Turbines.

(47) Subpart HH – Standards of Performance for Lime Manufacturing Plants.

(48) Subpart KK – Standards of Performance for Lead

- Acid Battery Manufacturing Plants.

(49) Subpart LL – Standards of Performance for Metallic Mi neral Processing Plants.

(50) Subpart MM – Standards of Performance for Automobile and Light

- Duty Truck Surface Coating.

(51) Subpart NN – Standards of Performance for Phosphate Rock
Plants.

(52) Subpart PP – Standards of Performance for Ammonium Sulfate
Manufacture.

(53) Sub part QQ – Standards of Performance for Graphic Arts Industry: Publication Rotogravure Printing.

(54) Subpart RR – Standards of Performance for Pressure Sensitive Tape and Label Surface Coating Operations.

(55) Subpart SS – Standards of Performance for Industrial Sur face Coating: Large Appliances.

(56) Subpart TT – Standards of Performance for Metal Coil Surface Coating.

(57) Subpart UU – Standards of Performance for Asphalt Processing and Asphalt Roofing.(58) Subpart VV – Standards of Performance for Equipment Leaks of
Volatile O rganic Compounds in the Synthetic Organic Chemicals Manufacturing Industry Except Sections
60.482

- 1(c)(2) and 60.484.

(59) Subpart VVa – Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for Which Construction, Reconstruction, or Modification commenced After November 7, 2006.

(60) Subpart WW – Standards of Performance for the Beverage Can Surface Coating Industry.

(61) Subpart XX – Standards of Performance for Bulk Gasoline
Terminals.

(62) Subpart AAA – Standards of Performance for New Residential
Wood Heaters.

(63) Subpart BBB – Standards of Performance for the Rubber Tire Manufacturing Industry.

(64) Subpart DDD – Standards of Performance for Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry.

(65) Su bpart FFF – Standards of Performance for Flexible Vinyl and Urethane Coating and Printing.

(66) Subpart GGG – Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After January 4, 1983, and on or Before November 7, 2006.

(67) Subpart GGGa – Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After November 7,
2006.

(68) Subpart HHH – Standards of Performance for Synthetic Fiber
Production Facilities.

(69) Subpart III – Standards of Performance for Volatile Organic Compound (VOC) Emissions from the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit
Processes.(70) Subpart JJJ – Standards of Performance for Petroleum Dry
Cleaners.

(71) Subpart KKK – Standards of Performance for Equipment Leaks of VOC from Onshore Natural Gas Processing Plants.

(72) Subpart LLL – Standards of Performance for Onshore Natural Gas Processing: SO 2 Emissions

.
(73) Sub part NNN – Standards of Performance for Volatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations.

(74) Subpart OOO – Standards of Performance for Nonmetallic Mineral Processing Plants.

(75) Subp art PPP – Standards of Performance for Wool Fiberglass Insulation Manufacturing Plants.

(76) Subpart QQQ – Standards of Performance for VOC Emissions from Petroleum Refinery Wastewater Systems.

(77) Subpart RRR – Standards of Performance for Volatile Organic Compoun d Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes.

(78) Subpart SSS – Standards of Performance for Magnetic Tape Coating Facilities.

(79) Subpart TTT – Standards of Performance for Industrial Surface Coating: Surface Coati ng of Plastic Parts for Business
Machines.

(80) Subpart UUU – Standards of Performance for Calciners and Dryers in Mineral Industries.

(81) Subpart VVV – Standards of Performance for Polymeric Coating of Supporting Substrates Facilities.

(82) Subpart WWW – Standards of P erformance for Municipal Solid
Waste Landfills.

(83) Subpart AAAA – Standards of Performance for Small Municipal
Waste Combustion Units for Which Construction is Commenced After August 30, 1999 or for Which Modification or
Reconstruction is Commenced After June 6, 2001.(84) Subpart BBBB – Emission Guidelines and Compliance Times for Small Municipal Waste Combustion Units Constructed On or Before August 30, 1999.

(85) Subpart CCCC – Standards of Performance for Commercial and
Industrial Solid Waste Incineration Units for Which Construction is Commenced After November 30, 1999 or for Which
Modification or Reconstruction is Commenced on or After June 1, 2001.

(86) Subpart DDDD – Emissions Guidelines and Compliance Times
for Commercial and Industrial Solid Waste Incineration Units that Commenced Construction On or Before November 30,
1999.

(87) Subpart EEEE – Standards of Performance for Other Solid
Waste Incineration Units for Which Construction is Commenced After December 9, 2004, or for Which Modification or
Reconstruction is Commenc ed on or After June 16, 2006.

(88) Subpart FFFF – Emission Guidelines and Compliance Times for
Other Solid Waste Incineration Units That Commenced Construction On or Before December 9, 2004.

(89) Subpart HHHH – Emissions Guidelines and Compliance Times
for Coal

- Fire d Electric Steam Generating Units.

(90) Subpart IIII – Standards of Performance for Stationary Compression Ignition Internal Combustion Engines.

(91) Subpart JJJJ – Standards of Performance for Stationary Spark Ignition Internal Combustion Engines.

(92) Subpart KKKK – Standards of Performance for Stationary
Combustion Turbines.

(93) Appendix A – Reference Methods (Testing Procedures).

(94) Appendix B – Performance Specifications (Continuous Monitoring).

(95) Appendix C – Determination of E mission Rate Change.

(96) Appendix D – Required E mi ssion Inventory Information.

(97) Appendix F – Quality Assurance Procedures.

(98) Appendix I – Removal Label and Owner’s Manual.History: Amended: September 3, 1981; October 21, 1983; September 21, 1984; May 1 5, 1985; April 23, 1987; January 25, 1990; May 27, 1993; November 18, 1993; January 23, 1997; August 26, 1999; February 20, 2001; June 3, 2003; July 1, 2004; May 18, 2010.Amended 01/25/10 CC Air Quality Regulations 18-1 

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 18 - PERMIT AND TECHNICAL SERVICE FEES

18.1 O PERATING P ERMIT Issuance Fees:

18.1.1 O PERATING P ERMIT issued pursuant to Section 16: This permit is issued for any new or M ODIFIED S TATIONARY S OURCE

. $127.00

18.1.2 O PERATING P ERMIT issued pursuant to Section 19: This permit is issued to any new or M ODIFIED S TATIONARY S OURCE subject to the P ART 70 P ROGRAM

. Free

18.2 Annual E MISSIONS U NIT and Annual Permit Renewal Fees:

These fees are assessed on each E MISSIONS U NIT and each
O PERATING P ERMIT each calendar year.

18.2.1 Each P ROCESS E QUIPMENT , except as otherwise listed in
this Section. $215.00

18.2.2 Each Storage Silo. $106.00

18.2.3 Each S TATIONARY tank, reservoir, or other container exceeding 40,000 gallons capacity containing any petroleum product having a V APOR pressure of 1.5 pounds per square inch absolute or greater at standard temperature and pressure. $288.00

18.2.4 Each G ASOLINE storage tank equipped with S TAGE I V APOR Recovery or S TAGE II V APOR Recovery equipment at any
G ASOLINE Dispensing Facility including bulk plants but excluding bulk terminals

. $56.00

18.2.5 Each Heated Asphalt Storage Tank. $54.00Amended 01/25/10 CC Air Quality Regulations 18-2 18.2.6 Each S TATIONARY Internal Combustion engine, including microturbines up to 2.5MW, t hat meets the definition of a
S TATIONARY S OURCE , except as required in Subsection 18.2.7 shall pay the following fee:

35-350 HP 351-800 HP 801-1500 HP 1501 HP and up $312.00 $624.00 $1,247.00 $1,871.00

18.2.7 Each S TATIONARY Emergency Internal Combustion engine that has a brake horsepower rating greater than five hundred (500) that meets the definition of a S TATIONARY S OURCE shall pay the following fee:

500 to 1500 HP 1501 HP and up $215.00 $624.00

18.2.8 Each F UEL B URNING E QUIPMENT not otherwise listed in this
section that meets t he definition of a S TATIONARY S OURCE

. $186.00

18.2.9 Each stationary printing press. $357.00

18.2.10 Each commercial surface c oating operation, including spray booths. In the event that sp ray booths are not applicable or required, the fee will apply to the coating process, e.g., spray gun, dip tank. $357.00

18.2.11 Each electrical generati ng or compressor turbine with a rating of 2.5 megawatts or larger based on ISO standard operating conditions at 67°F, excluding equipment fueled solely on gas generated withi n Clark County by the decomposition of garbage in a landfill. $3,738.00

18.2.11.1 Megawatt Equivalent Fee: (Megawatt Equivalent) x (Fee) $127.00

18.2.11.1.1 Each Megawatt Equivalent based on a facility total megawatt output of all electrical or compressor turbines with a rating of 2.5 megawatts or larger plus all supplemental duct firing units and/or supplem ental Heat Recovery Steam Generators (HRSGs), excludi ng equipment fueled solely on hydrogen, multiplied by t he permitted annual hours of operation and divided by 8,760 hours per year. Megawatt ratings shall be based on ISO Standard Operating
Conditions at 67°F.Amended 01/25/10 CC Air Quality Regulations 18-3 18.2.11.2 Each supplemental duct firing unit and/or supplemental Heat Recovery Steam Gener ator (HRSG), excluding ductfiring equipment fueled sole ly on hydrogen, or on gas generated within Clark County by the decomposition of garbage in a landfill. $1,247.00

18.2.12 Nevada Department of Transportation (NDOT) subcontractors shall pay equipm ent fees at the time of permit issuance. The fees sha ll be for the duration of the project, prorated on a calendar quarter basis.

18.2.13 Annual Permit Renewal Fees: If more than one fee schedule is applicable to a permit, the governing schedule shall be that which results in the higher fee.

18.2.13.1 Each M AJOR S TATIONARY S OURCE $6,230.00

18.2.13.2 Each C OMPLEX S OURCE $4,984.00

18.2.13.3 Each S IGNIFICANT S OURCE $934.00

18.2.13.4 Baseline annual permit renew al applies to every permitted stationary source except those classified as M AJOR

, C OMPLEX

, S IGNIFICANT , fee exempt, or covered in another section of the AQ Regulations. $63.00

18.2.14 Fee exempt Free

18.3 Dust Control Permit Fee:

For C ONSTRUCTION A CTIVITIES including Surface Grading and
T RENCHING that are permitted pursuant to Section 17 or 94.

18.3.1 Dust Control Permit Fee - shall be determined on the number of
acres or fraction thereof mu ltiplied by the following: $138.00

(Multiply fee by the sum of t he whole number of acres plus 1.0 acre for any fraction of an acre.)

18.3.2 Dust Control Permit Modification Fee: The fee is related only to the processing of any dust control permit which is modified from the originally issued permit as per AQ Regulations. The modified permit will retain the expiration dat e of the original dust control permit. $31.20Amended 01/25/10 CC Air Quality Regulations 18-4 18.3.2.1 Modification in combinati on with additional acres: The Dust Control Permit Fee shall also apply, limited to the new acres.

18.3.2.2 Modification in combi nation with additional acres where
construction on the additional acreage commenced prior to
submission of either a stand-al one Dust Control Permit or the Modification. The Dust Control Permit late fee shall apply.

18.3.4 Dust Control Class Card (Pur suant to Section 94): The dust control card will be valid for three years. $37.50

18.3.5 Dust Control Permit Late F ee: This fee will be charged for any construction site which commences construction activity prior to submitting a complete dust permit application. This
fee will be 1.5 times the Dust Control Permit Fee as specified in this Section. $207.00 (per acre)

18.3.6 Dust Control Monitor: The minimum fee per person for DAQEM Dust Control Monito r Class is $500. The minimum fee for DAQEM to hold a Dust monitoring training Class is $5,000.00. Any individual or company requesting DAQEM
to conduct a Dust Control Monitor Class with less than 10 fee-paying trainees will be respons ible for the balance of the cost between paying trainees and $5,000.00.

18.4 NSR [New Source Review and/or PSD] Application Review Fee:

Technical Preconstruction Re view of Proposed New or
M ODIFIED S TATIONARY S OURCES requesting an A UTHORITY T O C ONSTRUCT C ERTIFICATE

18.4.1 NSR Application fee: All S TATIONARY S OURCES $322.00

18.4.2 Publication fee for Notice of Proposed Action: (if required) Direct Cost

18.4.2.1 Direct Cost shall mean the actual publication cost of the Notice of Proposed Action as invoiced by the newspaper.

18.4.2.2 Notice of Proposed Action shall be initiated after the C ONTROL O FFICER receives full payment of all applicable fees from the applicant.Amended 01/25/10 CC Air Quality Regulations 18-5 18.4.3 NSR Application Review fee:

18.4.3.1 NSR P OTENTIAL T O E MIT (T ONS PER Y EAR ) fee shall be
determined on annual total P OTENTIAL T O E MIT for all
R EGULATED A IR P OLLUTANTS multiplied by the following and
rounded off to the nearest whole number: $59.00

18.4.3.2 NSR E MISSIONS U NIT fee shall be determined on the number
of E MISSION U NITS multiplied by the following: $231.00

18.4.3.3 An A UTHORITY T O C ONSTRUCT C ERTIFICATE shall not be issued
unless the C ONTROL O FFICER has received full payment of all applicable fees.

18.4.3.4 The NSR Application Review Fee for A UTHORITY TO C ONSTRUCT applications submitted by the NDOT shall be based upon the following:

18.4.3.4.1 NDOT maintains the pe rmit for the pit as a single E MISSION U NIT and is charged for one E MISSION U NIT review fee (E1).

18.4.3.4.2 Subcontract ors applying for an O PERATING P ERMIT pursuant to the NDOT ATC shall pay review fees based on E MISSION U NITS (E1) and tons of emissions (E2), but need not pay the Application Fee.

18.4.3.5 VLP Relocation Fee: All A TTACHMENT -1 for a new operating location within Clark County. $31.20

18.4.3.6 Acid Rain Permit: Associ ated with the Requirements of Title
IV of the 1990 Clean Air Act Amendments. $127.00

18.5. P ART 70 Application Review Fee:

Technical Review of P ART 70 Applications for New or Existing
S TATIONARY S OURCES

18.5.1 Application fee: M AJOR P ART 70 S TATIONARY S OURCES Free

18.5.2 Application fee: N ON -M AJOR P ART 70 S TATIONARY S OURCES FreeAmended 01/25/10 CC Air Quality Regulations 18-6 18.5.3 Publication fee for Notice of Proposed Action (if required): Direct Cost

18.5.3.1 Direct Cost shall mean the actual publication cost of the Notice of Proposed Action as invoiced by the newspaper.

18.6 Annual E MISSION Inventory and Emission Fee:

18.6.1 Annual Emissions Inventory:

18.6.1.1 The Annual Emissions In ventory must be submitted to DAQEM by March 31 of each calendar year.

18.6.1.2 A CTUAL Calendar Year E MISSIONS will be determined by using
emission factors consistent with permit conditions or performance testing (whichev er is most recent), and
documented emission control factors.

18.6.1.2.1 Each annual emission inventory shall be signed by a responsible official of the company attesting to the accuracy and completeness of the inventory.

18.6.2 Annual Emission Fee:

18.6.2.1 Failure by permit holder to submit an accurate and complete actual emissions inventory by March 31 of each calendar year
will result in assessment of emission fees based on facility
PTE.

18.6.2.1.1 In the event a PTE f ee assessment is made and subsequently
the actuals are discovered to be greater than the PTE, DAQEM shall collect the unpaid fees as determined by the
difference in emissions between actual and PTE multiplied by the pollutant fee rate in force at the time of the discovery.

18.6.2.2 Emission Fees will be determined by DAQEM.

18.6.2.3 In addition to the Annual E MISSIONS U NIT Fee, each M AJOR S TATIONARY S OURCE and each S TATIONARY S OURCE subject to Federal Performance Standards, shall pay an Annual P ART 70
E MISSION Fee.Amended 01/25/10 CC Air Quality Regulations 18-7 18.6.2.4 The Annual P ART 70 E MISSION Fee shall be based on the total number of
tons of A CTUAL Annual E MISSIONS for all R EGULATED A IR P OLLUTANTS (rounded off to the nearest whole number).

18.6.3 A CTUAL Annual E MISSIONS shall mean the following:

18.6.3.1 Measured E MISSIONS for any E MISSIONS monitored by a
continuous E MISSIONS monitoring system (CEMS) over the previous calendar year, or

18.6.3.2 Estimated E MISSIONS for any E MISSIONS calculated based on annual facility production over the previous calendar year.

18.6.4 Annual P ART 70 E MISSION Fees:

18.6.4.1 Annual P ART 70 E MISSION Fee shall be determined on the number of tons (to the neares t tenth of a ton) of all
R EGULATED A IR P OLLUTANTS , except as provided in Subsection 18.6.4.2, multip lied by the following fee: $47.70

18.6.4.2 For the Carbon Monoxide E MISSIONS portion, the Annual
P ART 70 E MISSION Fee shall be determi ned on the number of tons (to the nearest tenth of a ton) of Carbon Monoxide multiplied by the following fee: $16.20

18.6.5 Exceptions:

18.6.5.1 The following shall not be subject to an Annual P ART 70
E MISSION Fee:

18.6.5.1.1 Any C ONSTRUCTION A CTIVITY permitted pursuant to Section 17 or Section 94 of the Regulations,

18.6.5.1.2 Any G ASOLINE D ISPENSING F ACILITY permitted pursuant to Sections 12 and 52 of the Regulations

18.7 Certificate for A SBESTOS Removal: $624.00 Fee charged on all projects that require National E MISSION Standards for H AZARDOUS A IR P OLLUTANTS (NESHAPS)
notification.Amended 01/25/10 CC Air Quality Regulations 18-8 18.7.1 Post Abatement Inspection Fee: $312.00

Fee charged for post abatement in spection of all projects that require National Emissi on Standards for Hazardous Air Pollutants (NESHAPS) notification.

18.7.2 Inspection For Ongoing As bestos Removal Projects: $312.00/wk Fee charged on a weekly basis for one inspection per week on all projects that require National Emission Standards for Hazardous Air Pollutants (N ESHAPS) notification and which meet or exceed the regul ated amounts of Regulated Asbestos-Containing Material (RACM).

18.8 Certificate of Exemption (Initial): $312.00

H EARING B OARD Filing Fee (Non-refundable) (This fee is assessed one ti me for an exemption granted pursuant to Section 44 of the Regulations)

18.9 Certificate of Exemption (Renewal): $127.00

Air Pollution Control H EARING B OARD Filing Fee (Nonrefundable) (This fee is assessed for each subsequent exemption renewal granted purs uant to Section 44 of the Regulations)

18.10 Transfer of a S TATIONARY S OURCE O PERATING P ERMIT from one person to another. $127.00

18.11 Replacement of each lost or destroyed O PERATING P ERMIT

. $31.20

18.12 Request for Hearing before the Air Pollution Control H EARING B OARD (fee is non-refundable): $140.00

Applicable to each Variance, Appeal or Compliance
ScheduleAmended 01/25/10 CC Air Quality Regulations 18-9 18.13 Any fees required pursuant to this Section may be waived for each qualifying E MISSIONS Unit owned and operated by local, State, and Federal government agencies.

18.14 Blasting Fee: $127.00

A one-time fee for each dust permit issued with a blasting permit.

18.15 Implosion Fee $12,462.00

18.16 Billing Procedures

18.16.1 Fee(s) shall be due within th irty (30) days of billing date.

18.16.2 After forty-five (45) days from billing date, unpaid invoices shall be assessed a 10% late charge.

18.16.3 Failure to pay any fee within ninety (90) days may result in a Notice of Violation (NOV) which may impose additional penalties and enforcement action up to and including permit
revocation.

18.17 Reserved

18.18 S TATIONARY S OURCE Inspection Fees

The following S TATIONARY S OURCE inspection fee schedule (Table 18.18) outlines the fees associated with re-inspections
for all S TATIONARY S OURCES , including various location permits (VLPs). These fees apply when a source fails aninspection, has an incomplete inspection, and requires reinspection to determine compliance status or the inspector
has to return to the source to verify completion/compliance
status due to the fault of the source.

The initial and annual inspec tions are conducted with no charge (n/c) to the source.

Note: Only the highest applicable fee category shall apply for each source.Amended 01/25/10 CC Air Quality Regulations 18-10 Table 18.18

S TATIONARY S OURCE Inspections Fee Schedule

Total P OTENTIAL TO E MI t (PTE) D E M INIMUS P ERMIT Less than 5 tons 5 Tons or greater NSPS /
NESHAPS MAJOR and
COMPLEX

Initial/Annual 0 * n/c n/c n/c n/c

(Included in annual fees)

1st re-inspect 0 $63.00 $127.00 $312.00 $934.00

With Control
Device = $186.00

All subsequent re-inspects/per 0 $127.00 $250.00 $624.00
With Control

Device = $376.00 $1,871.00

* n/c = no charge

18.19 S TATIONARY S OURCE Performance Testing Fees

The following S TATIONARY S OURCE performance test (P/T) fee schedule (Table 18.19) outlines the fees associated for
all S TATIONARY S OURCES , including various location activity permits (VLPs). These fees apply when the source is required to conduct a perfo rmance test to determine compliance status. The asso ciated fees are on a per protocol basis and shall be invoiced for all performance test(s) which is/are outli ned in each of the required performance test protocol.

Performance test fees incl ude the protocol and final report review and covers any on-site ti me by DAQEM, if required.

Note: Only the highest applicable fee category shall apply for each source.Amended 01/25/10 CC Air Quality Regulations 18-11 Table 18.19

S TATIONARY S OURCE PerformanceTest (P/T) Fee Schedule

T OTAL P OTENTIAL TO E MIT (PTE) D E M INIMUS P ERMI t Less than 5

tons 5 Tons or greater NSPS / NESHAPS MAJOR and
COMPLEX

Initial/Annual P/T 0 $63.00 $127.00 $624.00 $1,871.00

(includes protocol/repor t review)

(per protocol submittal)

1st re-test 0 $63.00 $127.00 $312.00 $934.00

(on-site, problems/delays)

All subsequent re-tests/per 0 $127.00 $250.00 $1,247.00 $3,738.00

(on-site, problems/delays)

18.20 CEMS/PEMS/RATA Fees

The following S TATIONARY S OURCE performance specification (PS) testi ng and continuous emissions monitoring system (CEMS) fee schedule (Table 18.20)
outlines the fees associated for all S TATIONARY S OURCES performance specification test (PS) and continuous emissions monitoring systems (CEMS), including predictive emissions monitoring system s (PEMS), and relative accuracy test audits (RATAs) where the source is required to conduct a performance test/audit to determine compliance status. The asso ciated fees are on a per protocol basis and shall be invoiced for all performance
tests/audits and include the QA/QC review for all CEMS/PEMS initial equipment review.

Performance specification ( PS) test/audit fees include the protocol and final report review and covers any on-site time by DAQEM, if required.Amended 01/25/10 CC Air Quality Regulations 18-12 Table 18.20

S TATIONARY S OURCE CEMS Performance Specification Tests (PS), PEMS, and RATA Fees

Initial CEMS Certification Test $1,871.00

(includes protocol/report and

QA/QC document review)

(per protocol submittal)

1st re-test $934.00

(on-site, problems/delays)

All subsequent re-tests/per $1,871.00

(on-site, problems/delays)

Annual RATA/ PEMS $624.00

(includes protocol / report review)

(per protocol submittal)

1st re-test $312.00

(on-site, problems/delays)

All subsequent re-tests/per $624.00

(on-site, problems/delays)

18.21 Effective each January 20, all Section 18 fee rates except for the following shall be adjusted acco rding to the relative percent change from the previous calendar year in the Urban Consumer Price Index (CPI-U), which is pub lished by the U. S. Department of Labor, Bureau of Labor Statistics:

Gasoline storage tank at G ASOLINE D ISPENSING F ACILITIES Dust Control Monitor Certificate Hearing Request before H EARING B OARDAmended 01/25/10 CC Air Quality Regulations 18-13 18.21.1 CPI Calculation Example:

Assume last years CPI average = 214.537 Assume previous years CPI average = 215.303

The relative percent change (RPC) for current year is:

RPC=[(Avg CPI last year / Avg CPI previous year )-1]*100 RPC=[(214.537/215.303)-1]*100
RPC= -0.36%

Assume current fee of a Permit is $122.00 New Fee=[Current fee x (1+RPC)] New Fee = $122*1-.0036=$122.00

Note: Fees < $50 are rounded to nearest $0.10 Fees > $50 are rounded to nearest $1.00

History: Amended: September 25, 1980; September 3, 1981; April 23, 1987; November 15, 1990; July 25, 1991; May 28, 1992; Augus t 26, 1993; September 28, 1995; December 19, 1996; April 24, 1997; December 14, 2000; January 21, 2003; J une 3, 2003; July 1, 2004; January 20, 2005; January 20, 2006; January 22, 2007; January 22, 2008; January 27, 2009; January 25, 2010Amended 07/01/04 21-1 CC Air Quality Regulations 

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 21 - ACID RAIN PERMITS

21.1 WHEREAS , The Clark County Board of Count y Commissioners, is responsible for control of pollutants discharged into the air; and

WHEREAS , Air Quality Control Standards and Regulations have been adopted by said Board pursuant to NRS 445 for the purpose, among ot hers, of limiting
contaminant E MISSIONS from existing, M ODIFIED or new sources handling or processing H AZARDOUS A IR P OLLUTANTS ; and

WHEREAS , it is a public policy of Cla rk County and the purpose of the Department of Air Quality and Envi ronmental Management's Air Quality Regulations to review and approve existing, M ODIFIED and new sources of A IR P OLLUTION , only if the E MISSION standards are or c an be met; and air quality standards will not be violated; and

WHEREAS , the United States Environment al Protection Agency has adopted certain general provisions and O PERATING P ERMIT requirements for affected
sources and affected units under the Acid Ra in Program, pursuant to Title IV of the Clean Air Act, 42 U.S.C. 7401, et seq., as ame nded by Public Law 101-549 [November 15, 1990]; and

WHEREAS , it is the Department's belief that review and approval of existing,
M ODIFIED or new sources is best managed at the local level.

NOW, THEREFORE , the provisions of Part 72, Chapter I, Title 40, Code of Federal Regulations, as indexed below , are hereby adopted by reference and made a part hereof as if fully set forth. Any final revisions to an existing subpart that are promulgated by t he United States Environment al Protection Agency are hereby adopted by reference and made a part her eafter as if fully set forth. Any new subparts to Part 72 that are promulgated by the United States Environmental Protection Agency after the effective date of this Section shall be subject to review and adoption by the Clark County Board of County Commissioners prior to becoming part of these Regulations. The term “permitting authority” shall mean t he Clark County Board of County Commissioners, and the term “A DMINISTRATOR ”, as defined in part 72, shall
mean the A DMINISTRATOR of the United States Envir onmental Protection Agency.Amended 07/01/04 21-2 CC Air Quality Regulations If the provisions or requirements of this section conflict with or are not included in the procedural requirement of section 19, the provisions and requirements of this section shall apply and take precedence.

21.2.3 Subpart A - Acid Rain Program General Provisions

21.2.3 Subpart B - D ESIGNATED R EPRESENTATIVE

21.2.3 Subpart C - Acid Rain Applications

21.2.4 Subpart D - Acid Rain Compliance Plan and Compliance Options

21.2.5 Subpart E - Acid Rain Permit Contents

21.2.6 Subpart F - Federal Acid Rain Permit Issuance Procedures

21.2.7 Subpart G - Acid Rain Phase II Implementation

21.2.8 Subpart H - P ERMIT R EVISIONS

21.2.9 Subpart I - Compliance Certification

21.3 Any P ERSON subject to this Section must also comply with all other requirements of these Regulations. If there is inconsistency between standards or requirements, the most stringent standard or requirements shall apply.

21.4 All requests, reports, applications , submittals, and other communications, pursuant to this Section, shall be addressed to: C ONTROL O FFICER , Department of Air Quality and Envi ronmental Management, 500 S. Grand Central Parkway, Las Vegas, Nevada 89155.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Initial Adoption: June 22, 1995. Amended: February 20, 2001; June 3, 2003; July 1, 2004.Amended 07/01/04 22-1 CC Air Quality Regulations 

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 22 - ACID RAIN CONTINUOUS EMISSION MONITORING

22.1 WHEREAS , The Clark County Board of C ounty Commissioners is responsible for control of pollutants discharged into the air; and

WHEREAS , Air Quality Standards and Regulations have been adopted by said Board pursuant to NRS 445 for the purpose, among other s, of limiting
contaminant E MISSIONS from existing, M ODIFIED or new sources handling or processing H AZARDOUS A IR P OLLUTANT s; and

WHEREAS , it is a public policy of Cla rk County and the purpose of the Department of Air Qualit y and Environmental Management's Regulations to review and approve existing, M ODIFIED and new sources of A IR P OLLUTION , only if
the E MISSION standards are or can be met; and air quality standards will not be violated; and

WHEREAS , the United States Environment al Protection Agency has adopted standards for the monitoring, recordkeepi ng, and reporting of sulfur dioxide, nitrogen oxides and carbon dioxide E MISSIONS , volumetric flow, and OPACITY data
from AFFECTED UNITS under the Acid Rain Program pursuant to Sections 412 and 821 of the Clean Air Act, 42 U.S.C. 7401- 7671, et. seq., as amended by Public Law 101-549 [November 15, 1990]; and

WHEREAS , it is the Department of Ai r Quality and Environmental Management's belief that review and approval of existing, M ODIFIED or new sources is best managed at the local level.

NOW, THEREFORE , the provisions of Part 75, Chapter I, Title 40, Code of Federal Regulations, as indexed below , are hereby adopted by reference and made a part hereof as if fully set forth. Any final revisions to an existing subpart that are promulgated by t he United States Environment al Protection Agency are hereby adopted by reference and made a part hereafter as if fully set forth. Any new subparts to Part 75 that are promulgated by the United States Environmental Protection Agency after the effective date of this Section shall be subject to review and adoption by the Clark County Board of County Commissioners prior to becoming part of these Regulations. The term “permitting authority” shall mean t he Clark County Board of CountyAmended 07/01/04 22-2 CC Air Quality Regulations Commissioners and the term “A DMINISTRATOR ”, as defined in part 72, shall mean
the A DMINISTRATOR of the United States Environmental Protection Agency.

22.2.1 Subpart A - General

22.2.2 Subpart B - Monitoring Provisions

22.2.3 Subpart C - Operation and Maintenance Requirements

22.2.4 Subpart D - Missing Data Substitution Procedures

22.2.5 Subpart E - Alternative Monitoring Systems

22.2.6 Subpart F - Recordkeeping Requirements

22.2.7 Subpart G - Reporting Requirements

22.3 Any person subject to this Secti on must also comply with all other requirements of these Regulations. If there is inconsistency between standards or requirements, the most stringent standard or requirements shall apply.

22.4 All requests, reports, applications , submittals, and other communications, pursuant to this Section, shall be addressed to: Control Officer, Department of Air Quality and Environmental Management

, 500 S. Grand Central Parkway, Las Vegas, Nevada 89155.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Initial Adoption: June 22, 1995 Amended: April 9, 2001; June 3, 2003; July 1, 2004.SECTION 25: AFFIRMATIVE DEFENSE FOR EXCESS EMISSIONS DUE TO MALFUNCTIONS, STARTUP, AND SHUTDOWN

25.1 Applicability

..................................................................................................... 1
25.2 Affirmative Defense for Malfunctions

............................................................... 1
25.3 Affirmative Defense for Startup and Shutdown

............................................... 2
25.4 Affirmative Defense for Malfunctions During Scheduled Maintenance

............ 3
25.5 Demonstration of Reasonable and Practicable Measures

.............................. 3
25.6 Reporting of Excess Emissions

....................................................................... 325.1 Applicability

25.1.1 Section 25 establishes affirmative defenses for certain emissions in excess of an emission standard or limitation and applies to all emission standards or limitations except for the following standards or limitations:

(a) Promulgated pursuant to Sections 111 or 112 of the Act;

(b) Promulgated pursuant to Titles IV or VI of the Act;

(c) Contained in any Prevention of Significant Deterioration Authority to Construct Permit or Nonattainment Area New Source Review (NSR)
Au thority to Construct Permit issued directly by EPA; or

(d) Included in an Authority to Construct Permit in order to satisfy the requirements of Section 12.2.10.

25.2 Affirmative Defense for Malfunctions

25.2.1 Emissions in excess of an applicable emission limitation due to a malfunction shall constitute a violation. The owner or operator of a source with emissions in excess of an applicable emission limitation due to
malfunction has an affirmative defense to a civil or administrative enforcement proceeding based on that violation, other than a judicial action seeking injunctive relief, if the owner or operator of the source has complied with the reporting requirements of Section 25.6 and has demonstrated all of the following:

(a) The excess emissions resulted from a sudden and unavoidable breakdown of process equipment or air pollution control equipment beyond the reasonable control of the operator;

(b) The air pollution control equipment, process equipment, or processes were at all times maintained and operated in a manner consist ent with good practice for minimizing emissions;

(c) If repairs were required, the repairs were made in an expeditious fashion when the applicable emission limitations were being
exceeded. Off

- shift labor and overtime were utilized where practicable to ensure that the repairs were made as expeditiously as possible. If off

- shift labor and overtime were not utilized, the owner or operator satisfactorily demonstrated that the measures were impracticable;

(d) The amount and duration of the excess emissions (including a ny bypass operation) were minimized to the maximum extent practicable during periods of such emissions;(e) All reasonable steps were taken to minimize the impact of the excess emissions on ambient air quality;

(f) The excess emissions were not part of a recurring pattern indicative of inadequate design, operation, or maintenance;

(g) During the period of excess emissions there were no exceedances of the relevant ambient air quality standards established in Section 11 that could be attributed to the emitting source;

(h) Th e excess emissions did not stem from any activity or event that could have been foreseen and avoided, or planned, and could not have been avoided by better operations and maintenance practices;

(i) All emissions monitoring systems were kept in operation if at all practicable; and

(j) The owner or operator’s actions in response to the excess emissions were documented by contemporaneous records.

25.3 Affirmative Defense for Startup and Shutdown

25.3.1 Except as provided in Section 25.3.2, and unless otherwise provided for in
the applicable requirement, emissions in excess of an applicable emission limitation due to startup and shutdown shall constitute a violation. The owner or operator of a source with emissions in excess of an applicable emission limitation due to startup and shutdown has an affirmative defense to a civil or administrative enforcement proceeding based on that violation, other than a judicial action seeking injunctive relief, if the owner or operator of the source has complied with the reporting requirements of Section 25.6 and has demonstrated all of the following:

(a) The excess emissions could not have been prevented through careful and prudent planning and design;

(b) If the excess emissions were the result of a bypass of control equipment, the bypass was unavoidable to prevent loss of life, personal injury, or severe damage to air pollution control equipment, production equipment, or other property;

(c) The source’s air pollution control equipment, process equipment, or processes were at all times maintained and operated in a manner consistent with good practice for minimizing emissions;

(d) The amount and duration of the excess emissions (including any bypass operation) were minimized to the maximum extent practicable during periods of such emissions;(e) All reasonable steps were taken to minimize the impact of the excess emissions on ambient air quality;

(f) During the period of excess emissions there were no exceedances of the relevant ambient air quality standards established in Section 11 that could be attributed to the emitting source;

(g) All emissions monitoring systems were kept in operation if at all practicable; and

(h) The owner or operator’s actions in response to the excess emissions were documented by contemporaneous records.

25.3.2 If excess emissions occur due to a malfunction during routine startup and shutdown, then those instances shall be treated as other malfunctions subject to Section 25.2.

25.4 Affirmative Defense for Malfunctions During Scheduled Maintenance

If excess emissions occur due to a malfunction during scheduled maintenanc e, then those instances will be treated as other malfunctions subject to Section
25.2.

25.5 Demonstration of Reasonable and Practicable Measures

For an affirmative defense under Section 25, the owner or operator of the source shall demonstrate, through submission of the data and information required by Section 25.6, that all reasonable and practicable measures within the owner or operator’s control were implemented to prevent the occurrence of the excess
emissions.

25.6 Reporting of Excess Emissions

25.6.1 The owner or operator of any source required to obtain a permit under Section 12 shall report to the Control Officer emissions in excess of an applicable requirement or the emission limits prescribed by the permit. The report shall be in two (2) parts:

(a) Notification by telephone, facsimile or electronic mail within twenty

four (24) hours of the time the owner or operator first learns of the excess emissions;

(b) Written notification by submission of an excess emission report containing the information required by Section 25.6.3 within seventy

two (72) hours of the notification required by paragraph (a) above.25.6.2 The owner or operator of any source required to obtain a permit under Section 12 shall report to the Control Officer emissions that are in excess of an applicable requirement or emission limit that pose a potential imminent and substantial danger to public health, safety or the environment as soon as possible, but in no case later than twelve (12) hours after the deviation is discovered, with a written report submitted within two (2) days of the

occurrence.

25.6.3 An excess emission report shall contain the following information:

(a) The identity of each stack or other emission point where the excess emissions occurred;

(b) The magnitude of the excess emissions expressed in the units of the applicable emission limitation and the operating data and calculations used in determining the magnitude of the excess emissions;

(c) The time and duration or expected duration of the excess emissions;

(d) The identity of the equipment from which the excess emissions emanated;

(e) The nature and cause of the emissions;

(f) The steps taken if the excess emissions were the result of a malfunction, to remedy the malfunction and the steps taken or planned to prevent the recurrence of the malfunctions;

(g) The steps that were or are being taken to limit the excess emissions;
and

(h) If the source's permit contains procedures governing source operation during periods of startup or malfunction and the excess emissions resulted from startup or malfunction, a list of the steps taken to comply with the permit procedures.

25.6.4 In the case of continuous or recurring excess emissions, the notification requirements of Sections 25.6.1 and 25.6.2 shall be satisfied if the source provides the required notification after excess emissions are first d etected
and includes in the notification an estimate of the time the excess emissions will continue. Excess emissions occurring after the estimated time period or changes in the nature of the emissions as originally reported shall require
additional notifi cation pursuant to Sections 25.6.1 and 25.6.2.

History: Amended: March 27, 1980; September 3, 1981; April 21, 1983; July 8, 1985; November 18, 1993; December 19, 1996; April 9, 2001; June 3, 2003; July 1, 2004; May 18, 2010.Amended 12/30/08 26-1 CC Air Quality Regulations 

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 26 - EMISSION OF VISIBLE AIR CONTAMINANTS

26.1.1 Unless otherwise specified in Subsec tion 26.2 or other Se ctions of these Regulations, no PERSON shall cause, suffer, allow or permit the discharge into the atmosphere, from an EMISSIONS UNIT , any air contaminant in excess of an average of 20 percent OPACITY for a period of more than 6 consecutive
minutes.

26.2 Source Specific Opacity Limits

26.2.1 For any chemical process E MISSION U NITS commencing operation or modification after January 1, 1981 and for which one or more of the following compounds are manufactured: titanium, titanium tetrachloride, magnesium, magnesium chloride, manganese dioxi de, and boron trichloride, the O PACITY shall not exceed an average of 10 perc ent for a period of more than 6
consecutive minutes.

26.2.2 No P ERSON shall cause, suffer, allow or permit the discharge into the atmosphere from any I NCINERATOR , any air contaminants in excess of an average of 5 percent O PACITY for a period of more than 6 consecutive minutes and no single reading sha ll exceed 20 percent opacity.

26.3 Exemptions to Subsections 26.1:

26.3.1 Smoke from fires or from fire training as allowed in Section 42 herein;

26.3.2 Where presence of uncombined water is the only reason fo r the failure of an
E MISSION to meet the limitations herein; and

26.3.3 Smoke discharged in the course of training individuals to observe visible
E MISSION s, if written permission is obtained from the C ONTROL O FFICER specifying the times and dates of such training.

-----------------------------------------------------------------------------------------------------------------------------

History: Initial Adoption: Amended: April 26, 1983; July 8, 1985; April 9, 2001; December 2, 2003, July 1, 2004, December 30, 2008______________________________________________________________________ Amended 07/01/04 27-1 CC Air Quality Regulations 

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 27 - PARTICULATE MATTER FROM PROCESS
WEIGHT RATE

27.1 For purposes of the Regul ation, the total process weight from all similar process units at a plant or premises shall be used for determining the maximum allowable emission of particulat e matter. The process weight rate shall be the equipment manufacturer's or designer's guaranteed maximum input, whichever is greater. Where the nature of any process or operation or the design of any equipment is such as to permit more than one interpretation of this definition, the interpretation that results in the minimum value for allowable emission shall apply.

27.2 No person may discharge in any one hour, from any source with process weight in the following range, dust or fumes from a stack or stacks in total quantities in excess of the amount shown in the following table. (Table 27-1)

27.3 For the purpose of establishing allowabl e emission limits for approval of new or modified sources of particulate matte r the values of Table 27-1 can be used in absence of more stringent emission limits.

27.4 Where the process weight per hour falls between figures in the left-hand column the exact weight of permitted discharge may be interpolated.______________________________________________________________________ Amended 07/01/04 27-2 CC Air Quality Regulations 

### TABLE 27-1

PROCESS MAXIMUM WEIGHT
WT/HR DISCHARGE/HOUR

KG (lbs) KG (lbs)

25 ( 55) 0.12 (0.26) 50 ( 110) 0.23 (0.51) 100 ( 220) 0.43 (0.94) 150 ( 330) 0.58 (1.27) 200 ( 440) 0.73 (1.60) 250 ( 550) 0.86 (1.89) 300 ( 660) 0.97 (2.14) 350 ( 770) 1.08 (2.38) 400 ( 880) 1.17 (2.58) 450 ( 990) 1.26 (2.78) 500 ( 1100) 1.35 (2.97) 550 ( 1210) 1.42 (3.13) 600 ( 1320) 1.50 (3.29) 650 ( 1430) 1.56 (3.44) 700 ( 1540) 1.63 (3.59) 750 ( 1650) 1.70 (3.73) 800 ( 1760) 1.75 (3.86) 850 ( 1870) 1.81 (3.99) 900 ( 1980) 1.87 (4.12) 1000 ( 2200) 1.97 (4.34) 1500 ( 3300) 2.44 (5.36) 2000 ( 4400) 2.83 (6.22) 3000 ( 6600) 3.54 (7.78) 4000 ( 8800) 4.20 (9.23) 5000 (11000) 4.83 (10.63) 6000 (13200) 5.46 (12.01) 7000 (15400) 6.08 (13.37) 8000 (17600) 6.70 (14.73) 9000 (19800) 7.30 (16.07) 10000 (22000) 8.10 (17.81) 20000 (44000) 13.95 (30.70) 27300 (60000) Or More 18.18 (40.00)

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 28 - FUEL BURNING EQUIPMENT

28.1 General Provisions

28.1.1 This regulation applies to installation in which F UEL is burned for the primary purpose of producing heat or power by indirect heat transfer in which the products of combustion do not come into direct contact with other materials.
F UELS include those such as coke, coal, lignite, coke breeze, F UEL O IL , and wood, but do not include refuse. When any products or by-products of a manufacturing process are burned for t he same purpose or in conjunction with any F UEL , the same maximum emission limitations shall apply.

28.1.2 The heat content of coal sha ll be determined according to ASTM method D-271-64 Laboratory Sampling and Analysi s of Coal or Coke or ASTM method D-2015-62T gross calorific value of solid fuel by the Adiabatic Bomb Calorimeter, which publications are made a part of this section by reference.

28.1.3 For purposes of this regulation the heat input shall be the aggregate heat
content of all F UEL s whose products of combustion pass through a stack or stacks. The heat input value used s hall be the equipment manufacturer's or designer's guaranteed maximum input, whichev er is greater. The total heat input of all F UEL -B URNING U NITS on a plant or premis es shall be used for determining the maximum allowable amount of P ARTICULATE M ATTER which may be E MITTED

.

28.1.4 The amount of P ARTICULATE M ATTER E MITTED shall be measured according to the American Society of Mechani cal Engineers' Power Test Codes PTC-27, dated 1957 entitled, "Determini ng Dust Concentrations in a Gas Stream," which publication is made a part of this section by reference. The
C ONTROL O FFICER may modify this testing pr ocedure or specify the use of more current procedures in accor dance with good professional practice.

28.2 Emission Limitations

28.2.1 No P ERSON shall cause or permit the E MISSION of P ARTICULATE M ATTER from any F UEL -B URNING E QUIPMENT in excess of the quantity set forth in the following table:Amended 07/01/04 28-2 CC Air Quality Regulations Maximum allowable rate of
E MISSION of P ARTICULATE Heat input, millions of M ATTER , pounds per million
B RITISH T HERMAL U NITS B RITISH T HERMAL U NITS of per hour heat

------------------------------ --------------------------------------

10 0.600
50 0.412
100 0.352
500 0.242 1,000 0.207 4,000 0.150 8,000 0.102 10,000 0.0904 15,000 0.0717 20,000 0.0607 40,000 0.0409 50,000 0.0358 100,000 0.0243

28.2.2 Maximum allowable E MISSION rates of P ARTICULATE M ATTER for heat input greater than 10 million but less t han 4000 million BTU per hour shall be determined by using the equation Y = 1.02 X -0.231 . Maximum allowable
E MISSION rates of P ARTICULATE M ATTER for heat inputs equal to or greater than 4000 million BTU per hour shall be determined by using the equation Y
= 17.0 X -0.568 where Y = allowable rate of E MISSION in pounds per million BTU and X = maximum heat input in millions of BTU per hour.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 29 - SULFUR CONTENTS OF FUEL OIL

29.1 It is unlawful for any person to store, offer for sale, burn, or cause to be burned, within Clark C ounty at any time, any D IESEL F UEL O IL having a sulfur content in excess of 0.05 percent by weight.

29.1.1 The limitation for D IESEL F UEL does not apply to F UEL purchased and in storage prior to December 16, 1993.

29.1.2 The limitation on stor age does not apply to product that is to be transported outside Clark County. Persons stor ing such product must maintain documentation to establish this exception.

29.2 It is unlawful for any person to store, offer for sale, burn, or cause to be burned, within Clark County at any ti me, any Number 6 ASTM Grade (Bunker C) F UEL O IL having a sulfur content in excess of 0.3 percent by weight.

29.2.1 The limitation for Num ber 6 ASTM Grade (Bunker C) F UEL O IL does not apply to F UEL purchased and in storage prior to December 16, 1993.

29.3 Allowance for analytical variations in sulfur content of F UEL O IL :

29.3.1 The percent by weight sulfur c ontent shall be limited to a maximum deviation of 10 percent.

Sulfur Content Maximum Sulfur Content
0.05 0.055
0.3 0.33

2 9.4 F UEL O IL is defined as "a liquid or lique fiable petroleum product normally produced, manufactured, used, or sold for the purpose of creating useful
heat."

29.5 D IESEL F UEL is defined as "a low viscosity oil normally used in compression ignition engines."

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 30 - INCINERATORS

30.1 No P ERSON shall burn combustible material in any I NCINERATOR , crematory device, pathologi cal destructor, or any other device used for disposal or recovery of material by burning, other than in a multiple chamber incinerator or other designe d incinerator approved in advance by the C ONTROL O FFICER for which a current a nd valid operating permit
is in effect. This Sect ion does not apply to flares and incineration units used as air pollution control devices.

30.1.1 The provisions of this Section shall become effectiv e upon adoption, with the exception that the requi rements of Subsections 30.3, 30.4, and 30.5 shall become effective on July 1, 2004. A cr ematory device is exempt from the provisions of Subsection 30.4.1. A crematory dev ice means a unit used for
human cremation.

30.2 Performance Standard:

30.2.1 No P ERSON shall cause or permit the disc harge into the atmosphere from an
I NCINERATOR , with a rated burning capacity less than 2.08 tons per hour,
A LLOWABLE P ARTICULATE E MISSIONS greater than 0.10 gr ains per dry standard cubic foot (gr/dscf) of exhausted gas, corrected to 12 percent carbon dioxide;

or

30.2.2 No P ERSON shall cause or permit the dischar ge into the atmosphere from an
I NCINERATOR , with a rated burning capacity equal to or greater than 2.08 tons per hour, A LLOWABLE P ARTICULATE E MISSIONS as referenced in Section 14 of these Regulations; and

30.2.3 No P ERSON shall cause or permit the discharge into the atmosphere from any
I NCINERATOR any emissions of visible air contaminants in excess of the
O PACITY limitations contained in Sect ion 26 of these regulations.

30.3 Compliance Demonstrations:

30.3.1 The temperature in t he primary chamber of the I NCINERATOR or secondary chamber of the crematory device shall be maintained at a temperature equal to or greater than 1400oF. If the manufac turer specifies a temperature higherAmended 07/01/04 30-2 CC Air Quality Regulations than 1400oF, that temperature shall be the minimum temperature while incineration is occurring. At no time shall the I NCINERATOR temperature be allowed to drop below the minimum te mperature during in cineration. The
I NCINERATOR or crematory device shall be equipped with an audible alarm that warns the operator when the tem perature drops below 1400oF and/or
exceeds 2000oF.

30.3.2 The I NCINERATOR shall be equipped with a tem perature measuring device installed in the primary chamber or fo r a crematory device in the secondary
chamber at a location that will provide accurate and representative temperature readings, and a temperatur e gauge shall be placed at a location that is clearly visible to the operat or. This temperature device shall be operated at all times when the devic e is being charged. To record temperatures, a continuous recorder that records hourly temperature readings shall be installed, calibrated and maintained.

30.3.3 Operating instructions for the I NCINERATOR shall be conspicuously posted at or near the charging door.

30.3.4 Maintenance shall be performed annua lly on the unit in accordance with the
manufacturer’s recommendations.

30.4 Performance Tests:

30.4.1 To demonstrate in itial compliance with A LLOWABLE P ARTICULATE E MISSIONS the Person shall conduct a perform ance test following EPA reference Method 5 contained in Appendix A, 40 C.F.R. Part 60.

30.4.2 To demonstrate init ial compliance with the O PACITY requirements a P ERSON shall use EPA reference Method 9 in A ppendix A, 40 C.F.R. Part 60 (except the averaging times shall be 3 minutes). Each Method 9 test shall be
conducted for 60 consecutive minutes and conducted at the same time the performance test referenced in Subsection 30.4.1 is performed.

30.4.3 The P ERSON shall conduct the required init ial performance tests within 60 days after achieving the maximum pr oduction rate at which the affected
E MISSION U NIT will be operated, but not later t han 180 days after initial startup
of such E MISSION U NIT and furnish the Departm ent of Air Quality and Environmental Management a written report of the results of such performance test within 60 days after conducting such test.

30.4.4 The P ERSON shall conduct an annual Method 9 O PACITY performance test on
the I NCINERATOR

.

30.4.5 All performance testing shall be conducted in accordance with established procedures and protocols as contained in Section 14.Amended 07/01/04 30-3 CC Air Quality Regulations 30.5 Record Keeping:

30.5.1 The P ERSON shall maintain a written log record ing the date, the hours of operation, temperature r eadings, and the total weight of the combustible materials charged, per day, in the unit.

30.5.2 The P ERSON shall maintain a written log reco rding the amount of fuel
consumed on an annual basis.

30.5.3 The P ERSON shall maintain a written log re cording the date, time, and results of the annual Method 9 Opacity te st and when annual maintenance is performed.

30.5.4 The above written records shall be maintained on site and available for inspection by the C ONTROL O FFICER

.

30.5.5 For each affected I NCINERATOR the P ERSON shall submit an annual report of the amount of natural gas consumed and the total amount of combustible materials charged during the calendar y ear. Such report shall be submitted
C ONTROL O FFICER and shall be due on or before March 31 of each calendar year. Upon written notice the C ONTROL O FFICER may require more frequent reporting.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 32 - REDUCTION OF ANIMAL MATTER

32.1 The operation of any article, machine, equipment or other contrivance for the reduction of animal matter is prohibited unless all G ASES , V APORS and gas-entrained effluents are:

32.1.1 I NCINERATED at temperatures of not less than 1400 o F. for not less than 0.3 seconds; or

32.1.2 Processed in a manner determined by the C ONTROL O FFICER to be equally
efficient.

32.2 This regulation does not appl y to any article, machine, equipment or other contrivance used exclusively for the processing of food for human consumption.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 33 - CHLORINE IN CHEMICAL PROCESSES

33.1 Applicability

This section applies to any S TATIONARY S OURCE in Clark County which O PERATES a C HEMICAL P ROCESS in which molecular chlorine gas is generated. Hereafter, "chlorine" will mean molecular chlorine gas.

33.2 Performance Standard

The P OTENTIAL T O E MIT for chlorine from all E MISSION U NITS related to a specific
C HEMICAL P ROCESS shall be less than one pound per hour.

33.3 Determination of Potential to E MIT

33.3.1 Within 30 days of the date these regulations become effective, each O WNER O R O PERATOR of a S TATIONARY S OURCE subject to this section shall submit to
the C ONTROL O FFICER , a written estimate of the P OTENTIAL T O E MIT for
chlorine. The estimate shall include the basis and method of calculation.

33.3.2 Upon receipt of such estimate, the C ONTROL O FFICER shall review the same
to determine whether the estimate is accurate and supported by available
data. If the estimate is acceptable, the C ONTROL O FFICER shall so notify the
O WNER O R O PERATOR within 20 days of receipt of the estimate. If the estimate is not acceptable, the C ONTROL O FFICER shall make an independent
estimate of the P OTENTIAL T O E MIT , showing his basis and method of calculation. Such independent estimate shall be served upon the O WNER O R O PERATOR within 30 days after rece ipt of the estimated P OTENTIAL T O E MIT

. The O WNER O R O PERATOR may appeal the independent estimate of the
C ONTROL O FFICER to the A IR Pollution Control H EARING B OARD by serving a
written notice of appeal upon the C ONTROL O FFICER within 20 days after receipt of the C ONTROL O FFICER ’ S independent estimate. In the event no such appeal is filed, the C ONTROL O FFICER ’ S independent estimate shall become final and binding for the purpose of this section.

In the event an appeal is consi dered, the Air Pollution Control H EARING B OARD shall review the O PERATOR 's original estimate, the C ONTROL O FFICER ’ S independent estimate, the bases and methods of calculations used by each party, and shall make a final determination of the P OTENTIAL T O E MIT for the purpose of this Section 33.Amended 07/01/04 33-2 CC Air Quality Regulations 33.4 Monitoring Compliance at existing sources with a Potential to E MIT not greater than the Performance Standard

33.4.1 To assure compliance with the Performance Standard, conditions for the
O PERATING P ERMITS shall include numerical standar ds which can be routinely
monitored. The numerical standards shall be the crit eria regulating chlorine
E MISSIONS from that S TATIONARY S OURCE . For E MISSION U NITS in which the chlorine is released through a stack or vent pipe, hereinafter called Type 1
E MISSION U NITS , the numerical standard shall be equal to the Performance
Standard. For E MISSION U NITS in which the chlorine is not released through a stack or vent pipe, or in which the E MISSIONS from the process equipment area are not detectable, hereinafter called Type 2 E MISSION U NITS , the numerical standard shall be a quantit ative measurement which can be performed during an inspection by the C ONTROL O FFICER or his representative. An example of a quantitative measur ement is to measure for chlorine, within one to five meters of the equipment in which chlorine is being processed, with a multi-stroke gas sampling pump equipped with a rapid analysis calibrated detector tube.

33.4.2 Each O WNER O R O PERATOR shall submit to the C ONTROL O FFICER for his approval, a plan for monitoring compli ance with numerical standard. The plan shall be submitted withi n 30 days of the date of final determination of the
P OTENTIAL T O E MIT

.

1) For Type 1 E MISSION U NITS , the plan shall recommend design of the sampling method and describe sampling procedures and equipment.

2) For Type 2 E MISSION U NITS , the plan shall propose a numerical standard and a procedure for measuring it. The plan may discuss a sampling protocol to be implemented in the event that the numerical standard is exceeded. The plan ma y discuss a method for measuring background concentrations.

33.4.3 On or before S eptember 1, 1984, the C ONTROL O FFICER shall issue the new
O PERATING P ERMIT conditions. These will include numerical standards and a description of the monitoring method.

33.5 Existing sources with a P OTENTIAL T O E MIT greater than the Performance
Standard

33.5.1 If the P OTENTIAL T O E MIT exceeds the Perfo rmance Standard, each O WNER O R O PERATOR of such an existing source shall:

1) submit for approval, a proposed chlorine E MISSIONS monitoring plan. The plan shall:

a) specify the design and frequency of sampling to allow estimation of the annual average actual E MISSIONS from theAmended 07/01/04 33-3 CC Air Quality Regulations chemical process. This sha ll be submitted within 60 days of
the date of final determinat ion of the potential to E MIT ;

b) provide for observation and direct participation by the Department of Air Quality and Environmental Management during testing; and

c) provide for a monitoring report to be submitted to the C ONTROL O FFICER each year; and

2) submit for approval, a pr oposed Performance Standard compliance plan in accordance with the requirem ents set forth in Subsection 33.7.
This shall be submitted within 90 days of the date of final determination of the potential to E MIT

.

33.5.2 The C ONTROL O FFICER shall approve, or m odify the chlorine E MISSIONS monitoring plan and the Performance Standard compliance plan, and notify
the O WNER O R O PERATOR within 30 days from the date of receipt of same. Any modification or rewriting sha ll become final and binding if the modification or rewriting is not appealed to the Air Pollution Control Hearing Board within 10 days from written service of same.

33.5.3 The C ONTROL O FFICER shall issue temporary O PERATING P ERMITS for the applicable chemical process with pe rmit conditions incorporating the implementation of the chlorine emissions monitoring plan and the approved Performance Standard compliance plan as finally approved.

33.6 Requirements for Performance Standard Compliance Plan (for sources with a potential to E MIT greater than the Performance Standard)

33.6.1 The proposed Performance Standard compliance plan shall provide for the following requirements:

1) The O PERATOR shall achieve complianc e with the Performance Standard by August 1, 1988;

2) The O PERATOR shall identify critical activi ties or projects which will be accomplished during each calendar quar ter until the final compliance date; and

3) The compliance plan shall describe what equipment and process technology will be used to comply wit h the Performance Standard. The description shall be sufficient ly detailed so that the C ONTROL O FFICER can determine if the expected potential to E MIT will meet the
Performance Standard.

33.7 New Source ReviewAmended 07/01/04 33-4 CC Air Quality Regulations 33.7.1 This subsection applies to any new S TATIONARY S OURCE of chlorine emissions proposing to locate in Clark County. This subsection also applies to an existing S TATIONARY S OURCE if new emission units are constructed at the existing S TATIONARY S OURCE . The collection of new emission units would
be considered a new S TATIONARY S OURCE

.

33.7.2 Each new E MISSION U NIT shall employ process equipment and air pollution control equipment designed to mainta in the Lowest Achievable Emission
Rate.

33.7.3 Each new S TATIONARY S OURCE shall also comply with all other Air Quality Regulations of the Clark Count y Board of County Commissioners.

33.8 Enforcement

Any O PERATING P ERMIT condition established as a result of this section is considered equivalent to a Regulation. If there is an alleged violation of a permit condition, the
C ONTROL O FFICER may exercise any of the enfor cement options enumerated in Subsection 4.7 or Subsection 16.8 of these Regulations.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 35 - DIESEL ENGINE POWERED ELECTRICAL
GENERATING EQUIPMENT

Definitions:

D ISPATCHABLE P EAK S HAVING : A program by which Peak Shaving operations will be scheduled and controlled by the serving public utility to
those times essential to main tain a reliable, area-wide, supply source of electrical energy.

E MERGENCY S TANDBY D IESEL P OWERED G ENERATOR : A diesel power electric gener ator permanently installed on the users' property to pr ovide electrical energy on an emergency and standby basis fo r life safety functions and general business functions during the loss of utility power and emergency situations. These functions include emergency lighting, ventilation and smoke control, elevators, exit li ghts, fire pumps, and other life safety functions as requir ed by the Uniform Building
Code and the Uniform Fire Code.

35.1 E MERGENCY S TANDBY D IESEL P OWERED G ENERATOR installed in the Area of Applicability (Subsection 35.3) after January 1, 1991, are limited as follows:

a) operations during tests, loss of electrical power and other emergency conditions as required by the Unifo rm Building Code and the Uniform Fire Code;

b) D ISPATCHABLE P EAK S HAVING purposes for up to 150 hours each per year.

35.2 E MERGENCY S TANDBY D IESEL P OWERED G ENERATOR installed prior to January 1, 1991, and installed with equipment capable of peak shaving or D ISPATCHABLE P EAK S HAVING may be used for

a) operations during tests, loss of electrical power and other emergency conditions as required by the Uniform Building Code and Uniform Fire Code;Amended 07/01/04 35-2 CC Air Quality Regulations b) peak shaving purposes up to 12 hours per day from June 1 through September 31 of each calendar year until June 1, 1993;

After June 1, 1993, such units shall only be used for

a) D ISPATCHABLE P EAK S HAVING purposes up to 150 hours per year.

35.3 E MERGENCY S TANDBY D IESEL P OWERED G ENERATOR installed prior to January 1, 1991, and without equipment for peak shaving utilization are limited to:

a) operations during tests, loss of electrical power and other emergency conditions;

b) dispatchable peak shaving purpos es up to 150 hours per year commencing June 1, 1991.

35.4 O PERATING P ERMIT conditions, generally discussed in Section 16, shall include these regulations.

a) Owners of diesel powered electr ical generating equipment who intend to be covered by Subsection 35.2 shall notify the Control Officer by April 15, 1991, in order that the appropriate O PERATING P ERMIT conditions can be prepared.

b) Notification shall include suffi cient documentation to assure the C ONTROL O FFICER that the peak shaving equipment had been installed prior to January 1, 1991.

35.5 Area of Applicability

Hydrographic Basins for Las Vegas Va lley, Eldorado Valley and Boulder City.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 40 - PROHIBITIONS OF NUISANCE CONDITIONS

40.1 No P ERSON shall cause, suffer or allow the discharge from any source whatsoever such quantities of air contam inants or other material which cause
a N UISANCE

.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 41 - FUGITIVE DUST

41.1 Prohibitions:

41.1.1 Any P ERSON engaged in activities involving t he dismantling or demolition of buildings, grubbing, grading, clearing of land, public or private construction, the operation of machines and equipm ent, the grading of roads, trenching operations, the operation and use of U NPAVED P ARKING facilities,
A GRICULTURAL O PERATIONS , use and operation of liv e stock arenas, horse arenas and feed lots, and operati on and use of raceways for M OTOR V EHICLES shall take all reasonabl e precautions to abate F UGITIVE D UST from becoming airborne from such activi ties. Reasonable precautions may include, but are not limit ed to the conditions agreed upon in the Department of Air Quality and Environmental Management permit for the project, sprinkling, compacting, enclosure, chem ical, or asphalt sealing, cleaning up, sweeping, or such other measures as the C ONTROL O FFICER may specify to accomplish satisfactory results;

41.1.1.1 The following circumstances represent examples of F UGITIVE D UST becoming
airborne:

a) a visible plume of dust, resulti ng from construction activities, which extends more than 100 yards from t he point of origin or beyond the nearest property line, whichever is less;

b) visible dust E MISSIONS on an unpaved road at a construction site being used by haul trucks;

c) visible dust E MISSIONS generated by vehicles traveling over mud and dirt carried out to a paved road near or adjacent to a construction site.

41.1.1.2 A visible plume of dus t resulting from construction activities which extends more than 50 yards from the point of origin, but less than 100 yards and
which has not crossed the nearest property line may be subject to an
issuance of a Notice of Violation incl uding an Order to take Corrective Action for which no penalty will be assessed.Amended 07/01/04 41-2 CC Air Quality Regulations 41.1.2 No person shall cause or permit t he handling, transporting, or storage of any
material in a manner which allows or may allow controllable particulate matter to become airborne;

41.1.3 Sand and abrasive blasting operati on will not be permitted unless effective enclosures or other such dust control devices including but not limited to the injection of water have been install ed to prevent excessive sand and dust dispersal.

41.2 Off-road vehicle and motocross racing;

41.2.1 No person shall cause, permit, or allow the conduct of off-road vehicle racing or motocross racing within the desi gnated boundaries of the Non-Attainment
Area as defined in Sect ion 1 of these Regulations unless adequate dust control measures are provided and approved in advance by the C ONTROL O FFICER

.

41.2.2 Motocross racing will only be pe rmitted at permanent motocross race
courses within the Non-Attainment Area.

41.2.3 Permanent motocross race courses, within the Non-Attainment Area as defined in Section 1 of these Regul ations, shall be r egistered with and permitted by the C ONTROL O FFICER in accordance with Subsections 15.1 and
15.6.

41.3 Correction of condition:

41.3.1 If loose sand, dust, or dust parti cles are found to exist in excess of acceptable limits, as determined by the C ONTROL O FFICER , the C ONTROL O FFICER shall notify the owner, lessee, o ccupant, operator, or user of said
land that said situation is to be corre cted within a specified period of time, dependent upon the scope and extent of the problem. The failure to correct
said situation within the s pecified period of time shall be in violation of this
section.

41.4 Remedial Action:

41.4.1 The C ONTROL O FFICER , his designated agent, or any other authorized representative of the Clark County Board of County Commissioners, after due notice shall be further empowered to enter upon any said land where any sand or dust problem exists, and to take such remedial and corrective action as may be deemed appropriate to cope with and relieve, reduce, or remedy the existent sand and dust situation and condition, when the O WNER

, occupant, O PERATOR , or any tenant, lessee, or holder of any possessory interest or right in the involved land fails to do so.Amended 07/01/04 41-3 CC Air Quality Regulations 41.5 Costs:

41.5.1 Any cost incurred in connection with any such remedial or corrective action by the Clark County Board of Count y Commissioners or any person acting for the Clark County Board of Count y Commissioners shall remain in full force and effect until any and all such costs shall have been fully paid.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 42 - OPEN BURNING

42.1 No P ERSON shall cause, suffer, allow, or permit the burning of any combustible material in any open fire except as provided in this section and then only when such burning has been approved in advance by the C ONTROL O FFICER . Such exceptions are as follows:

42.1.1 When in the judgment of the C ONTROL O FFICER , no other safe method for the disposal of combustible, explosive, or dangerous material exists or can reasonably be obtained;

42.1.2 Small fires for recreational, educat ional, ceremonial, cooking purposes and warmth of human beings, including barbecues and outdoor fireplaces provided they do not create a public nuisance;

42.1.3 Where fire is set either by O FFICERS of governmental agencies, in performance of their official duties or for the purposes of training and instruction of fire-fighting and fire-rescue personnel;

42.1.4 Outside the Las Vegas Valley, w hen such fire is set on a field used for growing crops in the cour se of disposing of unused portions of a crop and intermingled weeds resulting from an agriculture operation;

42.1.5 Domestic burning of material orig inating on premises, ex clusive of garbage, at a property used exclusiv ely as a private residence or dwelling where there
is no collection service available for such material.

42.2 Notwithstanding Subsection 42.1, any burning so permitted by this section must be controlled so that public nuisance or traffic hazards are not created as a result of the air contaminants being emitted.

42.3 Nothing in this section shall be cons trued to prohibit or make unlawful the construction and use of private barbecu e pits, grills, or outdoor fireplaces for the preparation of food for consumpti on by individuals; nor shall any permit
from the C ONTROL O FFICER be required therefor.Amended 07/01/04 42-2 CC Air Quality Regulations 42.4 Open burning shall be prohibited duri ng air pollution episode conditions as defined in Section 6 of the Implemen tation Plan for the State of Nevada entitled, EMERGENCY EPISODE PLAN.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 43 - ODORS IN THE AMBIENT AIR

43.1 An O DOR occurrence shall be deemed a violation when a complaint is received and substantiated within two hours by the C ONTROL O FFICER . The
C ONTROL O FFICER shall deem the O DOR occurrence a violation if he is able to
detect the O DOR twice within a period of one hour, if the O DOR is of such a nature as to cause a nuisance, and these detections being separated by at
least 15 minutes.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 44 - PROHIBITIONS ON PLANTING, SELLING, OR
OFFERING TO SELL FRUITLESS MULBERRY AND EUROPEAN OLIVE
TREES

44.1 Purpose

The Clark County Board of County Commissi oners finds that pollen from Fruitless Mulberry (Morus Alba "Fruitless) and European Olive (Olea Europaea) trees contribute to the high levels of airborne pollen in urban areas of Clark County during the spring.

44.2 Prohibitions

44.2.1 After April 1, 1991

No Person shall plant, sell, offer to se ll, or authorize the pl anting of Fruitless Mulberry or European Olive trees to any other person or company doing business within the boundaries of Clark County,

44.3 Exemption

44.3.1 Cultivars of low po llinating Fruitless Mulberry or European Olive may be exempt from Subsection 44. 2.1 if the person who grows them for commercial distribution applies for and receives a Ce rtificate of Exempt ion from the Air Pollution Control Hearing Board.

44.3.2 To be approved by the Air Polluti on Control Hearing B oard, the applicant
must demonstrate to the B oard that the low pollinati ng cultivar releases to the atmosphere less than 15% of the pollen released by a sexually mature traditional European Olive tree and that this low pollinating capacity is retained by the sexually mature cu ltivar for at least three years.

44.3.3 Exempt trees in inventory at retail outlets and those being delivered to landscaping projects, must in clude a label approved by the C ONTROL O FFICER showing exempt status, date of appr oval of Certificate until sale to

consumer.Amended 07/01/04 44-2 CC Air Quality Regulations 44.3.4 The applicant shall present a distribution plan to the C ONTROL O FFICER to assure that only exempt trees under t he applicant's control will carry the label provided for in Subsection 44.3.3. Sh ipping invoices must show copy of
Certificate.

44.3.5 Such certificates expire in th ree (3) years. The applicant may renew a certificate for three (3) year increments.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 45 - IDLING OF DIESEL POWERED MOTOR VEHICLES

45.1 Diesel Powered Motor Vehicle Idling

Except as otherwise provided in this subsection, a person shall not idle the engine
of a diesel truck or a diesel bus fo r more than 15 consecutive minutes. The provisions of this subsection do not apply to a diesel truck or a bus:

(a) For which the Clark County Air Pollu tion Control Hearing Board has issued a variance from the requirements of this s ubsection. A variance is not effective during an air pollution emergency epis ode stage declared by the Department of Air Quality and Environmental Management.

(b) Which is an emergency vehicle.

(c) Used to repair or maintain other M OTOR V EHICLES

.

(d) Which is stopped because of traffic congestion while in transit on a highway, roadway or street.

(e) The E MISSION from which is contained and treated by a method approved by
the C ONTROL O FFICER

.

(f) The engine of which must idle to perform a specific task for which is it designed such as well drilling, trenching or hoisting. Such an engine may not
idle for more than 15 consecutive minutes during an air quality emergency episode stage declared by the Department of Air Quality an d Environmental Management.

(g) Which is idling while maintenanc e procedures are bei ng performed at a repair facility.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 49 - COMPLIANCE REQUIREMENTS FOR
BOILERS AND STEAM GENERATORS

49.1 Purpose:

This Section sets requirements for performance testing, burner efficiency testing, record keeping and reporting for boilers and steam generators.
The O WNER AND / OR O PERATOR of a boiler or steam generator subject to this Section shall also comply with all applicable requirements of the Clark County Air Quality Regulations, includi ng but not limited to, Sections 12, 13, 14, 20, and 55.

49.2 Definitions:

49.2.1 “Boiler and Steam Generator” (herei nafter referred to as “Boiler”) means a heating device that combusts fuel to produce steam, to heat water or to heat any other liquid heat transfer medium.

49.3 Applicability:

49.3.1 This Section applies only to:

49.3.1.1 Any new or existing Boiler, with a maximum heat input rating equal to or greater than 4.0 MMBtu/hr, on which CONSTRUCTION commenced after January 1, 1992.

49.3.1.2 Any existing Boiler, with a maximu m heat input rating equal to or greater than 4.0 MMBtu/hr, installed prio r to January 2, 1992, that is MODIFIED or

RECONSTRUCTED after January 1, 2006.

49.3.2 Combined Heat and Power Unit s and supplementary duct-fired heat recovery steam generators are ex empt from this Section.

49.4 Performance Testing:

49.4.1 Initial Performance Test: The O WNER AND / OR O PERATOR of a new,

MODIFIED , or RECONSTRUCTED Boiler with a maximum heat input rating equal to or greater than 10.0 MMBtu /hr shall conduct an initial performance test within 60 days after achieving the maximum productionAmended 12/20/05 49-2 CC Air Quality Regulations rate at which the Boile r will be operated, but not later than 180 days after initial startup of such Boiler, and s hall demonstrate compliance pursuant to
Subsection 49.4.3.1.

49.4.2 Periodic Performance Tests: The O WNER AND / OR O PERATOR of a Boiler with a maximum heat input rating equal to or greater than 10.0 MMBtu/hr shall conduct periodic performance test ing, at least once during every 5- year period beginning from the date of the initial performance test and at least once at 5-year intervals ther eafter, on each Boiler to demonstrate compliance pursuant to Subsection 49.4.3.1.

49.4.2.1 The O WNER AND / OR O PERATOR of a Boiler with a maximum heat input rating equal to or great er than 10.0 MMBtu/hr who has not conducted a performance test on that Boiler within 5 years prior to January 1, 2006 shall conduct a performance test on t hat Boiler to demonstrate compliance pursuant to Subsection 49.4.3.1 no later than July 1, 2006 and at a minimum of 5-year intervals thereafter.

49.4.3 The O WNER AND / OR O PERATOR of a Boiler with a maximum heat input rating equal to or greater than 10.0 MMBtu/hr who conducts a performance test on that Boiler in a ccordance with Subsections 49.4.1 and 49.4.2 shall comply with t he following requirements:

49.4.3.1 Conduct a performance test: (1) in accordance with the EPA Test Methods listed in Table 49.4.3.1 or (2 ) upon prior approval by the C ONTROL O FFICER and in accordance with 40 C.F.R. § 60. 8(b) - to demonstrate compliance
with the emission limitati ons established in the operating permit for the Boiler;

49.4.3.2 Submit a performance test protocol in accordance with Subsections 14.10 and 14.11; and

49.4.3.3 Furnish the C ONTROL O FFICER with a written report c ontaining the results of the performance test within 60 days after conducting such test in
accordance with Subsection 14.12.

Table 49.4.3.1 EPA Test Methods

Test Method a, b Pollutant Or Parameter
1 Sample and Velocity Traverses for Stationary Sources

2 Determination of Stack Gas Velocity and Volumetric Flow Rate

3A Determination of Oxygen and Carbon Di oxide Concentrations in Emissions fr om Stationary Sources (Instrumental Analyzer Procedure)

4 Determination of Moisture Content in Stack Gases

7E Determination of Nitrogen Oxide Emissions from Stationary Sources (Instrumental Analyzer Procedure)

10 Determination of Carbon Monoxide Emissions from Stationary Sources

a does not preclude the use of methods for small diameter stacks

b As outlined in 40 C.F.R. Part 60Amended 12/20/05 49-3 CC Air Quality Regulations 49.5 Burner Efficiency Tests:

49.5.1 Initial Burner Efficiency Test: The O WNER AND / OR O PERATOR of a new,

MODIFIED , or RECONSTRUCTED Boiler with a maximum heat input rating equal to or greater than 4.0 MMBtu /hr shall conduct an initial burner efficiency test within 180 days after initial startup of such Boiler.

49.5.2 The O WNER AND / OR O PERATOR of a Boiler with a maximum heat input rating equal to or greater than 4.0 MMBtu/hr shall conduct burner efficiency tests (boiler tune-ups) on that Boiler. B urner efficiency tests
shall be conducted in accor dance with the manufacturer’s recommendations and specifications for good combustion practices. If the manufacturer’s recommendations and spec ifications are unavailable, the
O WNER AND / OR O PERATOR may use an alternativ e method to perform the boiler efficiency test upon prior approval from the C ONTROL O FFICER

.

49.5.3 For a Boiler with a maximum heat i nput rating of 10.0 MMBtu/hr or greater,
the O WNER AND / OR O PERATOR shall perform a burner efficiency test two times each year in accordance with Subsection 49.5.1. The O WNER AND / OR O PERATOR shall conduct the tests at leas t 5 months but no more than 7 months apart during each calendar y ear. If the Boiler has a permitted hourly limit of less than 2, 000 hours per year, then the O WNER AND / OR O PERATOR may perform a burner efficiency test one time each calendar year beginning with the year 2006.

49.5.4 For a Boiler with a maximum heat input rating of 4.0 MMBtu/hr but less than 10.0 MMBtu/hr, the O WNER AND / OR O PERATOR shall perform a burner efficiency test in accordance wit h Subsection 49.5.1 one time each calendar year beginning with the year 2006.

49.5.5 If the documented actual hours of operation of a Boiler with a maximum heat input rating equal to or greater than 4.0 MMBtu/hr are zero during a calendar year, the O WNER AND / OR O PERATOR may choose not to perform a burner efficiency test on that Boile r during that calendar year. To
document that the actual hours of operation for that Boiler are zero during a calendar year, the O WNER AND / OR O PERATOR shall install an hour meter prior to the beginning of t hat calendar year and maintain written records to verify the actual hours of operat ion during that calendar year.

49.5.6 If the documented actual hours of operation of a Boiler with a maximum heat input rating of equal to or greater than 10.0 MMBtu/hr are less than 50 hours during a calendar year, the O WNER AND / OR O PERATOR may perform a burner efficiency test on that Boiler only once during that calendar year. To document that t he actual hours of operation for that
Boiler are less t han 50 hours, the O WNER AND / OR O PERATOR shall install an hour meter prior to the beginning of that calendar year and maintainAmended 12/20/05 49-4 CC Air Quality Regulations written records to verify the actual hours of operation dur ing that calendar

year.

49.5.7 A performance test conducted in accordance with Subsection 49.4 may replace a required burner efficiency test.

49.6 Record Keeping:

49.6.1 The O WNER AND / OR O PERATOR of a Boiler with a maximum heat input rating equal to or greater than 4.0 MMBtu/hr shall:

49.6.1.1 Maintain a writt en log of the type of fuel consumed and, on a quarterly basis, either the amount of fuel c onsumed or the hours of operation;

49.6.1.2 Maintain a copy of the burner efficiency test on-site and make such
documentation available for in spection upon request of the C ONTROL O FFICER ; and

49.6.1.3 Maintain all written records on-site for a minimum of 5 years.

49.7 Reporting and Notifications:

49.7.1 The O WNER AND / OR O PERATOR of a Boiler with a maximum heat input rating equal to or greater than 10.0 MMBtu/hr shall provide notice of any performance test to the C ONTROL O FFICER at least 45 days prior to the anticipated test date, but no more than 90 days prior to the anticipated test
date.

49.7.2 The O WNER AND / OR O PERATOR of a Boiler with a maximum heat input rating of equal to or greater than 4.0 MMBtu/hr shall submit an annual report of the type of f uel consumed and, for each quarter of the year,
either the amount of fuel consumed or the hours of operation. The O WNER

AND / OR O PERATOR shall submit the annual report to the C ONTROL O FFICER no later than March 31 of each calendar year.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 50 - STORAGE OF PETROLEUM PRODUCTS

50.1 A P ERSON shall not place, store, nor hold in any stationary tank, reservoir or other container of more than 151,412 liters (40,000 gallons) capacity of any petroleum liquid having a V APOR pressure of 78 mm Hg (1.5 pounds per square inch absolute) or greater unde r actual storage conditions, unless such tank, reservoir or other container is a pressure tank maintaining working pressure sufficient at all times to prevent hydrocarbon V APOR or gas loss into the atmosphere, or unless it is designed and equipped with one of the following V APOR L OSS C ONTROL D EVICES , properly installed, and in good working order and operation:

50.1.1 A floating roof, consisting of a pontoon type or double-deck type roof, resting
on the surface of the liquid contents and equipped with a closure seal, to close the space between the roof edge and the tank wall. The control equipment provided for herein shall not be used if the petro leum product has
a V APOR pressure of 572 mm Hg (11.0 pounds per square inch absolute) or greater under actual st orage conditions. All tank gauging and sampling devices shall be gas-tight except when gauging or sampling is taking place;

50.1.2 A vapor recovery system, consisti ng of a vapor gatheri ng system capable of collecting the hydrocarbon vapors and gas es so as to prevent their E MISSION to the atmosphere, and wit h all tank gauging and sampling devices gas-tight, except when gauging or sampling is taking place;

50.1.3 Other equipment of equal efficiency, provided su ch equipment has first been submitted to and approved by the C ONTROL O FFICER

.

50.2.1 There shall be no visible holes, tear s or other openings in the seal or seal
fabric of the tank reserv oir or other container for the storage of petroleum liquids.

50.2.2 All openings, except stub drains, are to be equipped with a cover, seal or lid. The cover, seal or lid is to be in a clos ed position at all ti mes except when the
device is in actual use. Automatic bl eeder vents are to be closed at all times except when the roof is floated off or landed on the roof le g supports. Rim vents, if provided, are to be set to open when the roof is floated off the roof leg supports or at the manufacturer's recommended setting.Amended 07/01/04 50-2 CC Air Quality Regulations - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Amended: December 28, 1978; J une 11, 2001; June 3, 2003; July 1, 2004.Amended 07/01/04 51-1 CC Air Quality Regulations 

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 51 - PETROLEUM PRODUCT LOADING INTO TANK TRUCKS
AND TRAILERS

51.1 A P ERSON shall not load any petroleum product having a V APOR pressure of 78 mm Hg (1.5 psia) or greater into any tank truck, trailer, or tank car from any loading facility dispensing 18925 kilolit ers (5,000,000 gallons) annually unless such loading facility is equipped with a V APOR collection and disposal system or its equivalent, properly installed, in good working order and in operation.

51.1.1 No person shall load any petroleum product having a vapor pressure of 78 mm Hg (1.5 psia) or greater into any tank truck, trailer or tank car from any loading facility dispensing less than 18925 kilo liters (5,000,000 gallons) annually unless such loading equipment is designed for bottom loading only or uses a submerged fill tube extending to within 76.2 mm (3 inches) of the bottom of the tank being filled.

51.2 When loading is effected through the hatc hes of a tank truck or trailer with a loading arm equipped with a V APOR collecting adaptor, a pneumatic, hydraulic
or other mechanical means shall be provided to force a vapor-tight seal between the adaptor and the hatch. A means shall be provided to prevent liquid gasoline drainage from the loadi ng device when it is removed from the hatch of any tank truck or trailer, or to accomplish complete drainage before
such removal.

51.3 When loading is effected through means other than hatches, all loading and
V APOR lines shall be equipped with fittings which make vapor-tight connections and which close automatically when disconnected.

51.4 The V APOR disposal portion of the system shall consist of one of the following:

51.4.1 A vapor-liquid absorber system wit h a minimum recovery efficiency of 90 percent by weight of all the hydrocarbon vapors and gases entering such disposal system;Amended 07/01/04 51-2 CC Air Quality Regulations 51.4.2 A variable V APOR space tank, compressor, and F UEL gas system of sufficient capacity to receive all hydrocarbon vapors and gases displaced from the tank trucks and trailers being loaded;

51.4.3 Other equipment of at least 90 percent efficiency provided such equipment is submitted to and approved by the Air Quality C ONTROL O FFICER

.

51.5 The loading shall be accomplished in such a manner that the mixture of vapor and air displaced from the delivery vessel will be vented only to the vapor recovery system.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 52 - GASOLINE DISPENSING FACILITIES

52.1 Applic ability ....................................................................................................... 52.1 (a) Non-major Sources ....................................................................................... 52.1 (b) Major Source s [Reserv ed] ............................................................................ 52.1 (c) Except ion ...................................................................................................... 52.1

52.2 Defini tions ......................................................................................................... 52.1

52.3 Registration and Permitti ng ............................................................................... 52.3 (a) Prohibi tion..................................................................................................... 52.3 (b) Pre-Constructi on Applicat ion ........................................................................ 52.3 (c) Permi tting...................................................................................................... 52.4 (d) Timeli ness..................................................................................................... 52.5

52.4 Specifications of Vapor Control Systems (a) Gener al......................................................................................................... 52.5 (b) Gasoline St orage Tank s ............................................................................... 52.5 (c) Stage I Requi rements ................................................................................... 52.6 (d) Stage II Requi rements .................................................................................. 52.6 (e) Stage II Retrofit Impac ts on Stage I S ystems ............................................... 52.7

52.5 Performanc e Testin g......................................................................................... 52.7 (a) General.........................................................................................52.7 (b) Initial Perfo rmance Test ing ........................................................................... 52.7 (c) Annual Performance Testing of a Balance Vapor Reco very System ............ 52.8 (d) Annual Performance Testing of an Assist Vapor Reco very System ............. 52.8 (e) Test Methodologi es and Standar ds .............................................................. 52.9 (f) Failed Test..................................................................................................... 52.9

52.6 Inspection R equirement s................................................................................... 52.9 (a) Daily In spections ........................................................................................... 52.9

52.7 Recordkeeping, Reporti ng, and Notifica tions .................................................. 52.10 (a) Recordk eeping............................................................................................ 52.10 (b) Log or Record contents ............................................................................... 52.10

52.8 Section 52 Offs et Program .............................................................................. 52.11 (a) Section 52 Offset Requirement s................................................................. 52.11 (b) Section 52 Emission Reduction Credi ts (ERC) from Re trofitting................. 52.11 (c) Section 52 Emission Reduction Cr edit Application Process ........................ 52.12 (d) Assignment of Se ction 52 E RCs................................................................. 52 .12 (e) Section 52 ERCs from A ffected Facility Clo sure......................................... 52.13Amended 07/01/04 52-ii CC Air Quality Regulations 52.9 Certificati on Program ........................................................................................ 52.13 (a) Requirements for Certification as a Tester of Stage II Vapor Recovery...... 52.13 (b) Examination for Certification as a Stage II Vapor Recove ry Tester ............ 52.14 (c) Contents and Duration of Certific ate ........................................................... 52.14 (d) Renewal of Ce rtificate ................................................................................. 52.14 (e) Standards of Practice ................................................................................. 52.14 (f) Services for which Cert ification is R equired................................................. 52.15 (g) Certification Reciprocit y .............................................................................. 52.15

52.10 Miscell aneous................................................................................................. 52.16

52.11 Fees .............................................................................................................. 52.16

Exhibit 1: Certification of Pe rformance Test Results ............................................... 52.19

Exhibit 2: Annual Through-Put R eport and Certific ation........................................... 52.20Amended 07/01/04 52-1 CC Air Quality Regulations 52.11 Applicability

(a) Non-major Sources (1) Except as provided in paragraph (c) of th is subsection, the provisions of this section are applicable to the following affected facilities in the area of applicability within Clark County: each G ASOLINE D ISPENSING F ACILITY , and each
G ASOLINE Storage Tank. (i) any G ASOLINE D ISPENSING F ACILITY that has one (1) or more calendar years in which the through-put is 96,000 gallons or more, shall be subject to the provisions of this section even if subsequent year’s through-puts are less than 96,000 gallons. (b) Major Sources [Reserved] (c) Exceptions: (1) Each G ASOLINE D ISPENSING F ACILITY , Airplane Refueling Area, and G ASOLINE Storage Tank located outside the AREA OF APPLICABILITY (see Table 52-1) is exempt from the provisions of this section. (2) Any affected facility that has an annual through-put of 96,000 gallons per year or less; and commenced construction prior to January 1, 1991, is exempt from the provisions of this section. (3) Any G ASOLINE storage tank whose capacity is less than 500 gallons, is exempt from the provisions of this section.

Table 52-1: AREA OF APPLICABILITY Area Hydrographic Basin Number Las Vegas Valley 212 Boulder City Limits Portions of 167, 213, and 215

Eldorado Valley 167 Ivanpah Valley 164A, 164B and 165

52.2 Definitions:

All terms not defined herein shall have the meaning given them in Section 0.

Actual Initial Start-up Date means the date on which any affected facility receives a “Certificate of Occupancy”.

Affected facility means any device to which a standard is applicable.

Airplane Refueling Area means a facility capable of receiving, storing, and dispensing one or more types of aviation G ASOLINE for use by airplanes.

Bound log
book is a bound, hard cover book, in which the individual pages may not be replaced, inserted or removed.Amended 07/01/04 52-2 CC Air Quality Regulations CARB means the California Air Resources Board

Certified Stage II Vapor Recovery
Tester A Natural Person who is certified by the District to test the V APOR tightness and performance standards of underground storage tanks and associated Stage I and Stage II V APOR recovery systems.

Combined Tank Capacity means all G ASOLINE storage tanks at an affected facility.

Gasoline means any petroleum distillate having a Reid V APOR pressure of 4 pounds per square inch or greater.

Gasoline Dispensing Facility means a facility, except bulk distri bution terminal, capable of receiving, storing, and dispensing one or more grades of G ASOLINE

.

gasoline storage tank means (1) underground tank used to store G ASOLINE products and has a storage capacity equal to or greater than 500 gallons; (2) any above ground storage tank used to store G ASOLINE products, and has an annual through-put of 60,000 gallons per year or more. G ASOLINE storage tanks subject to 40 CFR 60, Subparts K, Ka, Kb, and XX, and 40 CFR 63, Subpart R, are not affected G ASOLINE storage tanks under
this Section.

GDF means G ASOLINE D ISPENSING F ACILITY

.

Leak Free means a liquid leak rate of less than four drops per minute.

Natural Person An individual person excluding the following: United States of America, the State of Nevada, group of indi viduals, partnership, firm, company, corporation, association, trust estate , political subdivision, administrative agency, public or quasi-public corpor ation, or other legal entity.

Operator A person having responsibility for, the day-to-day operation of a
G ASOLINE dispensing site.

Person means United States of America, the State of Nevada, any individual, group of individuals, partnership, firm, company, corporation, association, trust estate, political subdivision, administrative agency, public or quasi-public corporation, or other legal entity.

Stage I means G ASOLINE V APOR recovery during transfer of G ASOLINE from
G ASOLINE delivery vehicles to stationary tanks used for re fueling M OTOR V EHICLES

.Amended 07/01/04 52-3 CC Air Quality Regulations Stage II means G ASOLINE V APOR recovery during motor vehicle re-fueling operations from stationary tanks

Top Off means to attempt to dispense G ASOLINE into a F UEL tank after the V APOR recovery dispensing nozzle has shut off automatically. Topping Off shall not apply to: a premature shutoff due to an incomplete seal between the nozzle and fill pipe

V APOR Control System means a device or combination of devices into which V APOR s are passed before being vented into the atmosphere.

V APOR Tight means a reading of less than 10,000 ppm, above background, as methane, when measured at a distance of one centimeter from the leak source using a portable hydrocarbon detection instrument. Background is defined as the ambient concentration of organic compounds as
measured at three meters from any emission unit.

spill bucket means a container of approximately 5 gallons capacity used to collect petroleum product spillage from normal G ASOLINE storage tank loading operations.

Year means calendar year unle ss explicitly stated otherwise.

52.3 Registration and Permitting

(a) Prohibition (1) No P ERSON shall construct, build, or modify any affected facility unless an application for a G ASOLINE D ISPENSING A UTHORITY T O C ONSTRUCT has been
submitted to the C ONTROL O FFICER

. (2) A G ASOLINE D ISPENSING A UTHORITY T O C ONSTRUCT shall contain a nonextendible 30-day operation provision to allow for pre-performance test operation of the system. (3) No P ERSON shall commence commercial operati on of an affected facility unless
the C ONTROL O FFICER has issued a G ASOLINE D ISPENSING O PERATING P ERMIT or as provided in Subsection 52.3(a)(2) above. (4) Equipment Installati on and Modification: A P ERSON shall not install or modify Stage I or Stage II G ASOLINE V APOR recovery equipment, exclusive of repair or replacement of like parts, unless a G ASOLINE D ISPENSING A UTHORITY T O C ONSTRUCT V APOR recovery controls has been obtained from the C ONTROL O FFICER

. (b) Pre-Construction Application (1) The O WNER O R O PERATOR of a new or modified affected facility shall submit the following pre-construction information: (i) Landowner’s name, address and phone number;Amended 07/01/04 52-4 CC Air Quality Regulations (ii) AFFECTED FACILITY owner’s name, address and phone number; (iii) AFFECTED FACILITY operator’s nam e, address and phone number, if different from (b) above; (iv) A street site map identifying all buildings or struct ures on the facility including property boundaries; (v) A block diagram of each process at the AFFECTED FACILITY listing
all E MISSIONS U NITS associated with the process; (vi) Brief general descrip tion of the new AFFECTED FACILITY or
M ODIFICATION ; (vii) Number of underground storage tanks and the capacity of each; (viii) Number and location of all dispensing nozzles; (ix) Stack data: location, height above grade, diameter (I.D. or effective), exhaust gases, flow rate (ACFM), and temperature, if applicable; (x) Design through-put (gallons per month, maximum); (xi) Expected through-put (ga llons per month, maximum); (xii) Schedule of operation (h rs/day)(days/wk)(wks/yr); (xiii) Description of Stage I and Stage II equipment; (xiv) Anticipated construction schedule in cluding the estimated initial startup date; (xv) A list of existing affected facilities, in Clark County, owned or operated by the applicant (xvi) Payment of all applicable fees purs uant to Subsection 52.11(a) of the Air Quality Regulations. (2) The potential to E MIT (PTE, tons per year) shall be estimated based on expected annual throughput (Q) in gallons and the following correlations:

(i) PTEvoc = 0.000001650 Q = 1.65 x 10 -6 Q (ii) PTEbenzene = 0.000000011 Q = 1.10 x 10 -8 Q (iii) PTEtoluene = 0.000000006 Q = 6.00 x 10 -9 Q (iv) PTEethylbenzene = 0.000000001 Q = 1.00 x 10 -9 Q (v) PTExylene = 0.000000002 Q = 2.00 x 10 -9 Q

(3) The O WNER O R O PERATOR of each new or modified affected facility shall apply for an Authority to Construct certif icate, and pay an Application fee in accordance with Subsection 52.11(a) pr ior to commencing construction. (c) Permitting (1) “G ASOLINE Dispensing Authority to Construct” and “G ASOLINE D ISPENSING O PERATING P ERMIT ” are issued pursuant to Subsection 52.3(a) (2) Failure to obtain a “G ASOLINE D ISPENSING A UTHORITY T O C ONSTRUCT ” prior to commencing operation is a violation of this section. (3) Except as provided in Subsection 52.3(a)(2), failure to obtain a “G ASOLINE D ISPENSING O PERATING P ERMIT ” prior to commencing commercial operations is
a violation of this section.Amended 07/01/04 52-5 CC Air Quality Regulations (4) Failure to comply with the conditions of the “G ASOLINE D ISPENSING A UTHORITY T O C ONSTRUCT ” or “G ASOLINE D ISPENSING O PERATING P ERMIT ”, is a violation of
this section. (d) Timeliness (1) Within 30 days from the receipt of an application for a new or modified GDF,
the C ONTROL O FFICER shall issue a determination of completeness (i) if the application is declared inco mplete, then, upon receipt of an amended application, the 30-day period for det ermination of completeness shall

recommence (ii) if the application is declared comp lete, then, within 30 days from the date
of determination of completeness, the C ONTROL O FFICER shall issue an Authority to Construct

52.4 Specifications of V APOR Control Systems

(a) General (1) An affected facility shall not dispense G ASOLINE unless: (i) the Stage I and Stage II V APOR Recovery equipment is CARB certified and
has a rated V APOR collection efficiency of 95% or more; and (ii) the Stage I and Stage II V APOR Recovery equipment shall be maintained and operated in a V APOR tight and leak free m anner, pursuant to the manufacturer’s specifications. (2) If a fire protection agency requires a V APOR shear valve on the V APOR return line at the base of the di spenser, then the shear valve shall be CARB approved
and Underwriters Laborator ies (UL) listed. (i) If a shear valve is installed, then the valve shall be attached to a fixed

structure. (3) The C ONTROL O FFICER shall tag, as "Out of Or der", any Stage I or Stage II
V APOR Recovery system, or any component thereof, that is defective. No
P ERSON shall use, or permit the use of, any component or system until such defect has been repaired, replac ed, or adjust ed; and the C ONTROL O FFICER has been notified of the completed repairs. The “Out Of Order” tag number shall be recorded in the “Daily Log” by the P ERSON making the repairs, who shall sign and return the repair tag to DAQE M within 10 days of the completion of said repairs. (4) Operating Instructions. Each affected facility using a balance V APOR recovery system, shall conspicuously display operat ing instructions. Such operating
instructions shall: (i) clearly describe how to dispens e fuel correctly with a bellows, V APOR recovery nozzle; (ii) include a warning that “Topping Off” ma y result in spillage or recirculation
of G ASOLINE , and that such practices are prohibited; and (iii) include a prominent displa y of the DAQEM’s telephone number. (b) G ASOLINE Storage TanksAmended 07/01/04 52-6 CC Air Quality Regulations (1) No P ERSON shall load, or permit the loading of G ASOLINE into any G ASOLINE storage tank unless such tank is equi pped with a CARB certified Stage I V APOR recovery system. (2) Fugitive E MISSIONS generated during G ASOLINE storage tank loading operations shall be prevented by using the bes t available equipment and by good operating practices. (3) G ASOLINE storage tank loading includes, but is not limited to, connecting and disconnecting V APOR and fill hoses, and transfer of G ASOLINE products. (i) For the filling of the underground stor age tanks from a tanker truck, V APOR recovery hoses shall be connected first on and last off. (ii) All underground tank l oading operations shall requi re the use of a spill bucket to capture product spillage during normal delivery operations. (4) Each G ASOLINE delivery note from a supplier or common carrier shall include an inspection statement of the condition of the Stage I equipment for each product delivered. This statement must be signed by the delivery truck driver at the time of the inspection. (c) Stage I Requirements (1) All Stage I G ASOLINE V APOR recovery equipment shall be: (i) installed as required (ii) operated as recommended by the manufacturer; and (iii) maintained Leak Free, V APOR Tight and in good working order. (iv) The G ASOLINE fill connector shall be V APOR -tight; and (v) The V APOR return line to the tank truck shall be V APOR tight and must have a nominal diameter of at least 76 mm (3 inches). (d) Stage II Requirements (1) Each affected facility shall be operated and maintained in such a manner as to prevent any on-going conditi ons that include, but are not limited to the following: (i) V APOR hoses that (A) are crimped; (B) are flattened; (C) are slit more than one (1) inch; or (D) contain multiple slits whose total length is more than one (1) inch. (ii) Nozzle boots which are torn in one or more of the following manners: (A) A triangular shaped tear of 1/2 inch or more on a side. (B) A hole 1/2 or more in diameter. (C) A slit 1 inch or more in length. (iii) nozzle shut-off mechanism malfunctions. (iv) malfunctioning interlock mechanism. (v) V APOR return line malfunctions, blockages , or restrictions (including components such as swivels, anti-re circulation valves, shear valves, underground piping, etc) (vi) inoperative V APOR processing unit(s). (vii) inoperative or defective vacuum producing devices;Amended 07/01/04 52-7 CC Air Quality Regulations (viii) Any equipment defect that is identif ied in a CARB certification of an approved system as substantially im pairing the effectiveness of the system in reducing refueling V APOR E MISSIONS

. (ix) Each Stage I V APOR adapter or fill adapter that is defective in any way or an adapter which is loose on the connecting threads. (x) The absence, disabling or disconnecti on of any component that is part of the approved system. (xi) damaged nozzle face plates and/or flex ible cones that do not make a good
seal and have more than 1⁄4 of the circ umference of the face plate or flexible cone damaged or missing. (e) Stage II Retrofit Impacts on Stage I Systems (1) Retrofit of a balanc ed Stage II system to a V APOR assist Stage II system requires the following Stage I system modifications: (i) A poppeted CARB certified system capable of demonstrated compliance with the static pressure decay test must be installed. (ii) A two-point fill pipe syst em must be installed if there are modifications to the UST, UST system (excluding pr oduct lines), or the Stage I system. (2) A poppeted coaxial fill pipe system is permitted if: (i) the UST throughput is less than 3,640,000 gallons per year; (ii) no UST modifications are made; and (iii) the existing fill pipe is coaxial. (3) A single-point system may remain in place until: (i) modifications are made to the UST, UST system(excluding product lines), or the Stage I system; or (4) In addition to the above, if the UST throughput is gr eater than 3,640,000 gallons per year, a two-point f ill pipe system must be installed.

52.5 Performance Testing

(a) General (1) For each initial and annual performance test, the O WNER O R O PERATOR shall give seven-day written prior notice of the date of the test to the Compliance Supervisor, DAQEM. (2) Within seven (7) days from the end of an initial or annual performance test, the
O WNER O R O PERATOR shall submit a report containi ng the results of such test to DAQEM. (3) The report shall have, as the first page of text, a signed Certification (Exhibit 1). (4) Except as provided in this subs ection, each performance test shall be conducted by a Certified Tester. (5) If, after the seven (7) days notice fo r an initially scheduled performance test, there is a delay (due to operational problems) in conducting any rescheduled performance test required in this section, the O WNER O R O PERATOR of an affected facility shall s ubmit a notice to the C ONTROL O FFICER at least 48 hours prior to any rescheduled performance test. (b) Initial Performance TestingAmended 07/01/04 52-8 CC Air Quality Regulations (1) Each new or modified affected facilit y shall pass an initial performance test within 30-days from the date of issuance of a “Certificate of Occupancy”. Upon successful completion of the performance test, a “G ASOLINE Dispensing
O PERATING P ERMIT ” will be issued. (i) The O WNER O R O PERATOR shall notify the Compliance Supervisor, DAQEM, of the date of issuance of a “Certificate of Occupancy”. Such
written notification shall consist of a c opy of the “Certificate of Occupancy”. (2) If an affected facility fails to pass t he first initial performance test, then subsequent initial performanc e test shall be conducted, and a non-refundable $150 inspection fee shall be paid for each te st, until the affected facility passes the initial performance test. (3) If repairs to the UST or Stage I contro ls were effected to pass the performance test, the report must contain the appropr iate jurate and signature of a Nevada Certified Tank Handler, Tester of Underground Stor age Tanks, or Environmental Manager. (4) Commencing July 1, 1996, initial perfo rmance testing shall be conducted by a certified Stage II V APOR Recovery tester in the presence of a representative of
the District. (c) Annual Performance Testing of a Balance V APOR Recovery System (1) Each O WNER O R O PERATOR of any affected facilit y shall conduct a Balance System Inspection and submit a report of t he results of that inspection to the Compliance Supervisor, DAQEM. The Balance System Inspection shall be conducted by a Certified Tester and shall include all above ground components including those items in Subsection 52. 6(a). Such inspections shall be conducted annually. (2) If the results of the Balance Syst em Inspection shows a loss of system integrity, which is not part of the daily inspecti on requirement (Subsection 52.6(a)), then the C ONTROL O FFICER may require the O WNER O R O PERATOR to conduct the following: (i) Static Pressure Decay Test; and (ii) Dynamic Back-pressure Test. (3) Nothing in this subsection s hall be construed as preventing the C ONTROL O FFICER from conducting such inspections, or from conducting the test listed in Subsection 52.5(b)(2). (4) Each annual performance test may be conducted without a representative of
the DAQEM being present (5) If repairs to the UST or Stage I contro ls were effected to pass the performance test, the report must contain the appropr iate jurate and signature of a Nevada
Certified Tank Handler or Environmental Manager. (d) Annual Performance Testing of an Assist V APOR Recovery System (1) Each O WNER O R O PERATOR of an affected facility sha ll perform, or cause to be performed, the appropriate test as listed in Subsection 52.5(e)(1)(i), (iv), and (vi), and Subsection 52.5(e)(2), once each year.Amended 07/01/04 52-9 CC Air Quality Regulations (2) In addition to the test listed above, any affected facility equipped with Healy 400 or 600 Stage II V APOR Recovery systems shall conduct a test on the
V APOR return line using test method CC-TP 95-3. (3) Each annual performance test may be conducted without a representative of the District being present. (e) Test Methodologies and Standards (1) The following test methods are approved for use in Clark County, Nevada: (i) Static Pressure Decay Test (CC-TP-95-1); (ii) Dynamic Back-pressu re Test (CC-TP-95-4); (iii) Blockage Test; (iv) Air to Liquid Ratio Test (CC-TP-95-2); (v) Flow Test; and (vi) any CARB test method(s). (2) Any affected facility equipped with Healy 400 or 600 Stage II V APOR Recovery systems shall conduct a test on the V APOR return line using test method CC-TP
95-3. (3) The O WNER O R O PERATOR shall give 7-day written prior notice to the Compliance Supervisor, DAQEM, of the date of the annual performance test. (f) Failed Test (1) Initial Performance Test. Any affected facility failing to pass all aspects of the
initial Performance test shall not be issued a “G ASOLINE Dispensing O PERATING P ERMIT ” and shall not commence commercial oper ation(s) except as provided
in the “G ASOLINE Dispensing Authority to Construct”. (2) Annual Performance Test. Any affected facility failing to pass all aspects of the
annual Performance test shall: (i) effect all necessary repairs; and (ii) re-test the affected facility; and (iii) immediately notify the Co mpliance Supervisor, DAQEM. (3) The process of Subsection 52.5(f)(2) shall continue until the affected facility successfully passes all aspects of the performance test. The C ONTROL O FFICER may require the O WNER O R O PERATOR to conduct a re-test in the presence of a representative of the District. (4) Any control equipment and associated G ASOLINE dispensing equipment that
fails to meet the standards of the applicable performance test shall be tagged
as "Out of Order". No P ERSON shall use or permit the use of tagged equipment until it has been repaired, replaced, or adjusted, the performance test of Subsection 52.5(d)(2) has been re-conducted, and the C ONTROL O FFICER has
been notified.

52.6 Inspection Requirements

(a) Daily Inspections (1) Each affected facility shall conduc t daily inspections of the Stage II V APOR recovery systems for defects in t he following component(s) of said V APOR recovery system(s):Amended 07/01/04 52-10 CC Air Quality Regulations (i) V APOR hoses that (A) are crimped; (B) are flattened; (C) are slit more than one(1) inch; or (D) contain multiple slits whose total length is more than one (1) inch. (ii) Nozzle boots which are torn in one or more of the following manners: (A) A triangular shaped tear of 1/2 inch or more on a side. (B) A hole 1/2 or more in diameter. (C) A slit 1 inch or more in length. (iii) Damaged face plate or flexible c one. The extent of the damage shall be less than one fourth (1/4) of the circumfe rence of the face plate or flexible

cone. (iv) V APOR processing unit(s) as applicable; (v) interlock mechanism(s), as applicable; (vi) any component that is part of the approved system; (vii) fill hose retractors. (2) Each affected facility that uses a fl are devise as an integr al segment of the control system shall inspect daily each: (i) flame detection sensor; and (ii) visual and/or audible display or alarm

52.7 Recordkeeping, Repor ting, and Notifications

(a) Recordkeeping (1) All records shall be maintained for three (3) years from the date of log or record entry. (2) Such logs or records shall be stor ed on-site at all times, and shall be made
available to the C ONTROL O FFICER upon request. (i) Exception: The current calendar m onth, and the previous two (2) calendar months, logs or records shall be kept on site; and (ii) the balance of the three (3) calendar years’ logs and records may be kept at a central location provided: (A) such records shall be made avail able no later than 12:00 p.m. on the next regularly scheduled District workday. (3) If the affected facility is routi nely unmanned during regul ar business hours,
then such records shall be made available no later than 12:00 p.m. on the next regularly scheduled District workday. (b) Log Or Record Contents (1) Each affected facility shall maintain a log or record containing, but not limited to, the following information: (i) maintenance on any part of the Stage I or Stage II equipment; (ii) including a general descr iption of the maintenance; (iii) the date the equipment was taken out-of-service; (iv) the date of repair or replacement;Amended 07/01/04 52-11 CC Air Quality Regulations (v) a general description of the part lo cation (e.g., pump, tank, nozzle number, etc.); (vi) a description of the problem; and (vii) the results of the daily inspections, Subsection 52.6. (c) Exemptions. The following affected facilit ies are exempt from the requirements of Subsection 52.6 (Inspection Requirements): (1) Each affected facility used exclusivel y for the refueling of watercraft, or implements of agriculture; and (2) Each affected facility for dispensing G ASOLINE into M OTOR V EHICLES that commenced construction before January 1, 1991 and has an annual throughput of less than 96,000 gallons of G ASOLINE

. (d) Reporting (1) Annual Through-put (i) The O WNER O R O PERATOR of an affected facility shall submit an annual report of the total G ASOLINE through-put. The repor t is due on or before January 30 of each year, and shall c ontain information relating to the through-put for the past calendar year. (ii) The report shall be addressed to the Compliance Supervisor, DAQEM. (iii) The report shall be submitt ed as presented in Exhibit 2. (2) Performance Test Results (i) Within seven (7) days from the end of an initial or annual performance test, the Responsible Official of the a ffected facility shall submit a report of the results of such testing. (ii) The report shall be addressed to the Compliance Supervisor, DAQEM. (iii) The first page of text shall be the si gned Certification form, i.e., Exhibit 1. (e) Notifications [Reserved]

52.8 Section 52 Offset Program; all prov isions and requirements of this subsection expire on December 31, 2004.

(a) Section 52 Offset Requirements (1) Any new or modified affected facilit y whose annual through-put is more than 3,640,000 gallons of gasoline per year, shall offset all E MISSIONS at a rate of 2
tons of offset for each 1 ton of E MISSIONS

. (2) Offsetting shall be accomplished by obtaining Section 52 E MISSION R EDUCTION C REDITS (ERCs) by the following methods: (i) from Subsection 52.8(b) (Secti on 52 ERCs from Retrofitting); or (ii) from Subsection 52.8(d) (Assi gnment of Section 52 ERCs); or (iii) from Subsection 52.8(e) (Sec tion 52 ERCs from Affected Facility Closure);or (iv) from any P ERSON holding valid and transferable Section 52 E MISSION R EDUCTION C REDITS pursuant to (i) through (iv), above. (3) Section 52 ERCs shall be obtained and submitted to the C ONTROL O FFICER within thirty (30) days from notification (Assessment) that: (i) an Offset obligation exist; andAmended 07/01/04 52-12 CC Air Quality Regulations (ii) the extent of that obligation. (4) Section 52 ERCs may only be used to offset VOC emissions from gasoline dispensing facilities (GDFs). (b) Section 52 E MISSION R EDUCTION C REDITS (ERC) from Retrofitting (1) An O WNER O R O PERATOR of an affected facility who installs Stage II V APOR Recovery controls to an existing affect ed facility (i.e., commenced construction prior to January 1, 1991), may apply to the C ONTROL O FFICER for a Section 52 ERC; provided such credit is enforc eable, permanent, and quantifiable. The units of the credit are tons per year of Volatile Organic Compound (VOC). (2) The C ONTROL O FFICER will award a Certificate of Section 52 E MISSION R EDUCTION C REDIT upon final approval of the installation of Stage II V APOR Recovery controls. (3) The credit will be calculated as follows:

E 0.8 a -b Q

c a

**= ⎡**  **⎣ ⎢**  **⎤ ⎦**  **⎥** 2000

where

E c

= creditable E MISSIONS (tons per year) A = uncontrolled Stage II E MISSIONS (=0.0110 pounds per gallon, AP-42 Table 5.2-7, 5 th edition) B = controlled Stage II E MISSIONS (= 0.0011 pounds per gallon, AP-42 Table 5.2-7, 5 th edition) Q
a = average of 3-calendar year’s actual annual through-put (gallons per year) 2000 = conversion factor (pounds per ton)

(c) Section 52 E MISSION R EDUCTION C REDIT Application Process (1) Upon final approval of the Installation of Stage II V APOR Recovery controls, the
O WNER O R O PERATOR of an affected facility may submit an application for
Section 52 E MISSION R EDUCTION C REDITS

. (2) After verification of t he installation of Stage II V APOR Recovery equipment and the payment of all applicable fees, the C ONTROL O FFICER shall issue a
Certificate of Section 52 E MISSION R EDUCTION C REDIT within (30) thirty days from the date of payment of all applicable fees. This certificate officially registers the affected facility, and doc uments the amount of Section 52 ERCs on deposit in the Section 52 E MISSION R EDUCTION C REDIT Bank that are eligible
for sale or transfer. (3) Section 52 ERC Filing Fee. Each O WNER O R O PERATOR of an affected facility shall pay an initial registration fee of $50.00 for listing in the Section 52 ERC Registry. (4) Section 52 ERC banking certificates ar e not in effect and cannot be traded or used in any manner unless the appropriate fees have been fully paid. (d) Assignment of Section 52 ERCs (1) The P ERSON that installs t he underground Stage II equipment shall be entitled
to 50% of the Section 52 ERCs granted, and the P ERSON that maintains theAmended 07/01/04 52-13 CC Air Quality Regulations above ground Stage II equipment shall be entitled to 50% of the Section 52 ERCs granted. (2) On and after September 25, 1997, any affe cted facility, not located in the area of applicability and choosi ng to install Stage II V APOR recovery equipment, may petition the C ONTROL O FFICER for Section 52 ERCs. (i) The P ERSON that pays for the inst allation of the Stage II V APOR Recovery system shall receive the Section 52 ERC(s). (ii) these Section 52 ERCs shall be considered as lifetime credits. (e) Section 52 ERCs from Affected Facility Closure (1) The O WNER O R O PERATOR of any affected facility who permanently closes that facility may petition the C ONTROL O FFICER for Section 52 ERCs provided that Stage II V APOR Recovery is installed, fully operable, and has passed the annual performance test. (2) The amount of bankable Section 52 E RCs shall be determined in accordance with Subsection 52.8(b)(3). (1) Dual credit for Subsection 52.8(b) and Subsection 52.8(e) Section 52 ERCs will
not be allowed. (f) All ERCs associated with Section 52 will become null and void on December 31,
2004.

52.9 Certification Program

(a) Requirements for Certification as a Tester of Stage II V APOR Recovery (1) An applicant for certification as a Stage II V APOR Recovery tester shall be: (i) of good character and reputation as determined by the District upon review of the applicants references. Ce rtification shall be denied if such review indicates that the applicant fa ils to meet all applicable standards;
and (i) an independent contractor whose princi ple business is the construction, repair or testing of GDF; or (iii) employed by a company whose principle business is the construction, repair or testing of GDF; (2) If the tester participates in the installation, repair or upgrade of an UST, Stage I, or Stage II system, then the tester shall either: (i) be directly supervised by a Te ster Of Underground Storage Tank or Certified Tank Handler; or (ii) be in possession of a Tester Of Underground Storage Tank or Certified
Tank Handler certificate. (3) The applicant shall submit to the District: (i) A completed application form provided by the District; (ii) A nonrefundable applicati on review fee of $50; (iii) A specific record of direct participation in at least 30 Stage II V APOR Recovery tests for each test category in the last five (5) years. Test categories include Leak and Decay, Nozzl e Performance, Static Pressure Decay, Dynamic Back-pressure, Blockage, Air to Liquid Ratio, Flow Test.Amended 07/01/04 52-14 CC Air Quality Regulations For the purposes of this subsection, a Healy V APOR Return line test shall not be included as a test category, but can be used to complete not more than 5 tests in any one category; (iv) Evidence of at least two (2) years experience in the field of V APOR
recovery; (v) Three letters of reference from other unrelated natural P ERSON s with experience in Stage II V APOR Recovery Testing that can attest to the applicants moral character and competence in that classification; and (vi) Pass a written examination. (4) Within thirty (30) days of receipt of all the required information, the District shall send each applicant written notice of application approval or disapproval. (b) Examination for Certification as a Stage II V APOR Recovery Tester (1) The District shall provide a writt en examination consisting of general knowledge and task specific questions. (2) A Passing score of 80% is required for certification. (3) The examinations are the property of the District and shall remain confidential. (4) An applicant who fails the initial wri tten examination is eligible for a reexamination after six (6) weeks. A new app lication and new application fee is required after failing two (2) consecutive written examinations. (5) Each application for certification will re main on file with the District for one (1) year from the date of submittal. (c) Contents and Duration of Certificate (1) Each certificate shall contain, at minimum: (i) the name of the applicant; (ii) the number of the certificate; (iii) the date of expirati on of the certificate; (iv) the specific classification of certification; and (v) the name and address of employer. (2) The certificate shall expire two (2) y ears after the date the District issues the
certificate. (d) Renewal of Certificate (1) A holder of a certificate wishing to renew the certificate shall: (i) meet the requirements of Section 52.9(a)(1); (ii) submit a completed application for r enewal of the certific ate to the District on a form provided by the District; (iii) submit a nonrefundable fee of $50; (iv) certify as to the accuracy and completeness of the application and supporting documentation; and (v) successfully complete an examination for renewal; or (vi) submit a record of at least fift een (15) Stage II tests conducted in the past two (2) years. (e) Standards of Practice (1) Each certificate holder shall: (i) provide services which are: (A) ethical;Amended 07/01/04 52-15 CC Air Quality Regulations (B) meet the current standar d of the profession; and (C) comply with federal, state and lo cal regulations concerning the storage and handling of hazardous substances. (ii) be responsible for the work of other people he employs or supervises; (iii) have a copy of his/her certific ate at the locati on where he/she is supervising work. Upon the request of the District, client or potential client, a holder of a certificate shall pres ent his certificate for inspection; (iv) make a written report to the facility O WNER O R O PERATOR , within twentyfour (24) hours, upon the fa ilure of a GDF to meet the standards required by the applicable tests, and advise that O WNER O R O PERATOR of any applicable reporting requirements; (v) report to the District within seven (7) days of any failure of a GDF to meet the standards required by the applicable tests; (vi) secure the services of a qualified P ERSON to perform any part of his/her work which requires a level of servic e or skill which he/she is not qualified to provide; (vii) provide complete prior disclosures to his/her clients or potential clients of potential conflicts of inte rest or other circumstances which could influence his/her judgment or the quality of the services he provides; (viii) maintain a written record of eac h project, requiring a certified Stage II
V APOR Recovery Tester, for three (3) year s after the project is completed;
and (ix) maintain a bound field log book of inspections for which the tester has supervised, participated, and/or perfo rmed. The bound log book shall list the following: (A) test date; (B) affected facility name; (C) affected facility address; (D) DAQEM identification number; (E) date, time, and name of contact when notifying DAQEM of the test; (F) name of each test performed; and (G) status of each test: Pass/Fail. (H) If a test or a portion of a test fails, then the log book entry shall
describe: (1) the suspected cause of the failure; (2) the repairs made; (3) the name of the P ERSON effecting repairs; and (4) the results of the subsequent performance test. (2) Certification may be suspended, revok ed or denied for renewal if the District
determines that the certif icate holder has not performed in accordance with
these standards. (f) Services for which Certification is Required (1) A P ERSON shall not provide Certified Stage II V APOR Recovery testing services, unless those services are performed under the direction and responsibleAmended 07/01/04 52-16 CC Air Quality Regulations control of a natural P ERSON who has obtained certificat ion from the District and is present for the full duration of the tests. (2) The provisions of this subsection do not prohibit the engagement of an apprentice or assistant if a natural P ERSON who is certified by the District supervises that apprentice or assistant and maintains responsibility for the work of that apprentice or assistant and is present fo r the full duration of the

tests. (g) Certification Reciprocity (1) A natural P ERSON who is certified by another state or organization, and that state or organization is recognized by t he District, then the District may issue a Stage II V APOR Recovery tester certificate to such P ERSON without requiring the provisions of Subsection 52.9(b) being met. (2) A natural P ERSON who applies for certification pursuant to this subsection must submit the following to the District: (i) A completed application form provided by the District; (ii) a non-refundable fee of $50 for the application review; and (iii) if certification by another state or organization re cognized by the District in the classification for which he/she is applying for certification in this
Section.

52.10 Miscellaneous

(a) V APOR laden tank trucks shall be refilled only at facilities equipped with a V APOR control system in accordance with Subsection 51.4 of these Regulations. (b) No P ERSON shall fill or top off, or permi t the filling or topping off, of G ASOLINE tanks
of M OTOR V EHICLES to a level which allows spillage of such G ASOLINE

. (c) No P ERSON shall operate an airplane refueling area unless the affected facility is equipped with a CARB certified Stage I V APOR recovery system.

52.11 Fees

(a) G ASOLINE Dispensing Facilities are subject to the following: (1) Application Fee $236.00

(2) Application Review Fee none

(3) Annual E MISSIONS Units Fee:

(i) Each G ASOLINE storage tank at any G ASOLINE D ISPENSING F ACILITY , excluding bulk terminals $56.00

(4) Transfer of a G ASOLINE D ISPENSING F ACILITY O PERATING P ERMIT from one P ERSON to another. $100.00

(5) Replacement of each lost or des troyed Authority to Construct or
O PERATING P ERMIT

. $ 25.00

(6) Request for Hearing before the DAQEM H EARING B OARD , which is Applicable to each Variance, Appeal, or Compliance Schedule $140.00Amended 07/01/04 52-17 CC Air Quality Regulations (non-refundable fee):

(7) There will be no annual Urban consumer Price Index fee adjustment

(8) G ASOLINE Dispensing facilities will pay $33 per ton of

E MISSIONS (except CO which shall be pad at $11 per ton) when non-major sources become subject to the provisions of Section 19 (Part 70 O PERATING P ERMIT s) of these regulations.

(b) The fees of Subsection 52.11(a)(3)(i ) shall be prorated on a quarterly basis. (c) The fees of Subsection 52.11(a) shall be reviewed every two (2) years commencing in January 1999.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Amended: September 3, 1981; April 23, 1997; Januar y 24, 1991; October 27, 1994; Apr il 27, 1995; March 28, 1996; September 25, 1997; April 22, 1999; June 25, 2001; June 3, 2003; BCC-October 7, 2003, effective October 21, 2003 (only Subsection 52.8); July 1, 2004.Amended 07/01/04 52-18 CC Air Quality Regulations Figure 52-1 Stage I Area of ApplicabilityAmended 07/01/04 52-19 CC Air Quality Regulations Figure 52-2 Stage II Area of ApplicabilityAmended 07/01/04 52-20 CC Air Quality Regulations Exhibit 1

GASOLINE DISPENSING FACILITY
CERTIFICATION of PERFORMANCE TEST RESULTS

Date of Test Permit
Number

Test Pass Fail Static Pressure Decay Test (CC-TP-95-1) Dynamic Back-pressure Test (CC-TP-95-4) Blockage Test Air to Liquid Ratio Test (CC-TP-95-2)

Flow Test Healy 400 or 600 Stage II V APOR Recovery systems: V APOR return line
CC-TP 95-3.

I am authorized to make this submission on behalf of the owners and operators of the
affected source or affected units for which the submission is made. I certify under penalty of the law that I have personally ex amined, and am familiar with, the statements
and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and informati on or omitting required statements and information including the possibilit y of fine and/or imprisonment.

Signature of Responsible Official

Printed or Typed Name, and Title

DateAmended 07/01/04 52-21 CC Air Quality Regulations Exhibit 2

GASOLINE DISPENSING FACILITY
ANNUAL THROUGH-PUT REPORT AND CERTIFICATION

Permit Number:

Owner’s Name

Operator’s Name

Street Address

City, State, and Zip Code

Calendar year being reported

Annual through-put for all grades of G ASOLINE (gallons)

I am authorized to make this submission on behalf of the owners and operators of the
affected source or affected units for which the submission is made. I certify under penalty of the law that I have personally ex amined, and am familiar with, the statements
and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and informati on or omitting required statements and information including the possibilit y of fine and/or imprisonment.

Signature of Responsible Official

Printed or Typed Name, and Title

DateAmended 07/01/04 53-1 CC Air Quality Regulations 

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 53 - OXYGENATED GASOLINE PROGRAM

53.1 Area of Applicability

53.1.1 The Area of Applicability is the hydrographic basins containing the L AS V EGAS V ALLEY , the Eldorado Valley, the Iv anpah Valley, the Boulder City limits, and any area within three (3) miles of any such hydrographic basins and which is within Clark County, Nevada.

53.2 Oxygenated Fuel Program Period and Oxygen Content:

53.2.1. Within the area of applicability, from October 1 to March 31 no G ASOLINE shall be supplied, or sold by any person in tended as a final product for fueling M OTOR V EHICLES , or sold at retail, or sold to a private or a municipal fleet, for consumption or introduced into M OTOR V EHICLE by any person, unless the
G ASOLINE has at least 3.5 percent oxygen content by weight.

53.2. 2 The requirements of Subsecti on 53.2.1 shall apply solely to G ASOLINE that is
introduced into commerce within t he program area, and shall not be construed in any manner to prevent or discourage the introduction into commerce, and/or combustion within a vehicle, natural gas and any other energy source which has the demons trated ability to reduce vehicular
emissions of carbon monoxide in am ounts equal to or greater than the average reduction expected from the oxygen content standards set in
Subsection 53.2.1 of this section.

53.2. 3 Tolerance Specifications of Oxygen Content:

53.2.3.1 The specified oxygen content by weight shall not drop below the following
minimum levels:

Specified Oxygen Content Acceptable Minimum (a) 2.7% [when (R+M)/2 **∃** 98] 2.43% (b) 3.5% 3.15%

53.2.3.2 If any underground storage tank containing fuel is determined to exceed the specified tolerances listed above, the C ONTROL O FFICER shall immediately lock and tag any associated dispensing no zzles as “out of order” until suchAmended 07/01/04 53-2 CC Air Quality Regulations time the C ONTROL O FFICER determines compliance with the specified
tolerances listed in 53.2.3.1.

53.2.3.3 Prohibition of Use: No person shall dispense or permit the dispensing of any fuel from a nozzle tagged as “out of order” until such time that the C ONTROL O FFICER has determined compliance.

53.2.4 From October 1 to March 31: G ASOLINE s with an octane rating of 98 or greater (R+M)/2 shall contain a minimu m of 2.7% oxygen by weight via the addition of MTBE, ethanol or other oxygenate approved by EPA. The requirements of Section 53. 2.1 will not apply for these G ASOLINE s.

53.3 All O XYGENATED G ASOLINE shall be labeled at the dispensing pump and contain the following statement: The G ASOLINE dispensed from this pump is oxygenated and will reduce carbon monoxide pollution from motor vehicles.

53.3.1 The label shall be pl aced on the vertical surface of the pump on each side with gallonage and price meters and shall be on the upper two-thirds of the pump, clearly readable to the public.

53.3.2 The label lettering shall consist of block letters of no less than 20 point bold type; in a color contrasti ng with the intended background.

53.3.3 The label may include the l ength of the mandate season and percent oxygenate content and other information.

53.4 O XYGENATED G ASOLINE Invoice Documentation:

53.4.1 All fuel delivery invo ices, notes or orders for G ASOLINE containing oxygenate shall clearly state the type of oxygenate used and the intended or estimated percent of oxygen content by weight or the intended or es timated percent of oxygenate content by volume.

53.5 Transition and Potential Closure:

53.5.1 Transition after October 1:

53.5.1.1 If a G ASOLINE storage tank received its last delivery before September 15,
G ASOLINE dispensed from that tank will be exempt from enf orcement of Subsection 53.2.1.1, 53.2.2.1(a) and 53.2.2.2(a) until the date that the first delivery is made after October 1.Amended 07/01/04 53-3 CC Air Quality Regulations 53.6 The Department of Air Quality and Environmental Management shall prepare a report to be filed with the Clark County Board of County Commissioners on May 15 of each year regard ing the results of the O XYGENATED G ASOLINE
program.

53.6.1 This will include an analysis of co sts and benefits, investigations of complaints, enforcement activity , and best estimates of air quality improvements resulti ng from the program.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Initial Adoption: November 17, 1988. Amended: June 28, 1990; July 25, 1991; Ju ly 22, 1993; October 27, 1994; July 27, 1995; August 22, 1996; September 25, 1997; June 11, 2001; June 3, 2003; July 1, 2004.Suspended by the BCC,
Effective 09/29/09 54-1 CC Air Quality Regulations 

## Suspended by the Board of County Commissioners,
Effective 09/29/09

CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 54 - CLEANER BURNING GA SOLINE (CBG): WINTERTIME
PROGRAM

DEFINITIONS

" ASTM " means the American Society for Testing and Materials.

“ B ARREL ” means 42 U.S. gallons.

" B ULK PURCHASER

- CONSUMER " means a P ERSON that purchases or otherwise
obtains G ASOLINE in bulk and then dispenses it into the fuel tanks or MOTOR

VEHICLES owned or operated by the P ERSON

.

" B ULK PLANT " means an intermediate G ASOLINE distribution facility where delivery
of G ASOLINE to and from the facility is solely by truck.

“ C AP ” or absolute limit means a standard that applies to all G ASOLINE whenever it is sold or supplied throughout the distribution system.

" CBG OR C LEANER B URNING G ASOLINE " means:

(A) G ASOLINE sold, intended for sale, or made available for sale as
a M OTOR V EHICLE fuel in Clark County Nevada; and

(B) G ASOLINE that the P RODUCER knows or reasonably should know will be offered for sale or supply at an out-of-state terminal or
B ULK P LANT at which it will be identified as G ASOLINE suitable for
sale as a M OTOR V EHICLE fuel in Clark County, Nevada.

" CBGBOB OR C LEANER B URNING G ASOLINE BLENDSTOCK FOR OXYGENATE

BLENDING , means a petroleum-derived liquid wh ich is intended to be, or is represented as, a product that will constitute CBG upon the addition of a specified type and percentage (o r range of percentages) of O XYGENATE to theSuspended by the BCC,
Effective 09/29/09 54-2 CC Air Quality Regulations product after the product has been supplied from the P RODUCTION or I MPORT F ACILITY at which it was produced or imported.

“D ESIGNATED A LTERNATIVE L IMIT OR DAL” means an alternative G ASOLINE specification limit, expressed in the neares t part per million by weight for sulfur content, nearest tenth percent by volu me for aromatic hydrocarbon content, which is assigned by a P RODUCER or I MPORTER to a F INAL B LEND of CBG pursuant
to Section 54.4.

" F INAL BLEND " means a distinct quantity of G ASOLINE or a batch of CBG or
CBGBOB at a P RODUCTION F ACILITY from which some or all of the quantity or batch is delivered via pipeline to Clark County and/or a distinct quantity of CBG or CBGBOB that is import ed into Clark County via either railway tankcars or
trucks.

" F URTHER PROCESS " means to perform any activity on G ASOLINE , including distillation, treating with hy drogen, or blending, for t he purpose of bringing the
G ASOLINE into compliance with the standards in this Section.

" G ASOLINE " means any fuel that is commonly or commercially known, sold or represented as G ASOLINE

.

" I MPORTED CBG " means CBG which is transported into Clark County, Nevada via
rail car or tank truck or trailer.

" I MPORT FACILITY " means the facility at which I MPORTED CBG or CBGBOB is first received in Clark County, Nevada, including, in the case of G ASOLINE or CBGBOB imported by cargo tank and deliver ed directly to a facility for dispensing
G ASOLINE into M OTOR V EHICLES , the cargo tank in whic h the CBG or CBGBOB is imported.

" I MPORTER OF CBG " means any P ERSON who first accepts delivery in Clark County, Nevada of I MPORTED CBG.

" M OTOR VEHICLE " has the same meaning as defined in Section 0.

" O XYGENATE " is any oxygen-containing, ashless, organic compound, such as an alcohol or ether, which, when added to G ASOLINE increases the amount of oxygen in G ASOLINE

.

" O XYGENATE BLENDING FACILITY " means any facility (including a truck) at which
O XYGENATE is added to G ASOLINE or blendstock, and at which the quality or quantity of G ASOLINE is not altered in any other m anner except for the addition of deposit control additives or other similar additives.Suspended by the BCC,
Effective 09/29/09 54-3 CC Air Quality Regulations " O XYGENATE BLENDER " means any P ERSON who owns, leases, operates, controls, or supervises an O XYGENATE B LENDING F ACILITY , or who owns or controls the
blendstock or G ASOLINE used or the G ASOLINE produced at an O XYGENATE B LENDING F ACILITY

.

“P RODUCE ” means, except as otherwise provided in section (a) or (b) below, to convert liquid compounds which are not G ASOLINE into G ASOLINE . When a
P ERSON blends volumes of blendstocks which are not G ASOLINE with volumes of
G ASOLINE acquired from another P ERSON , and the resulting blend is G ASOLINE

, the P ERSON conducting such blending has produced only the portion of the blend which was not previously G ASOLINE . When a P ERSON blends G ASOLINE with other
volumes of G ASOLINE , without the addition of blendstocks which are not GASOLINE

, the P ERSON does not produce G ASOLINE

.

(a) Where a P ERSON supplies G ASOLINE to a R EFINER who agrees in writing to F URTHER P ROCESS the G ASOLINE at the R EFINER ’s R EFINERY and to be treated as a P RODUCER of the G ASOLINE , the R EFINER shall be deemed for all purposes under this article to be the P RODUCER of the
G ASOLINE

.

(b) Where a P ERSON blends O XYGENATES into G ASOLINE which has already been supplied from a G ASOLINE P RODUCTION F ACILITY or I MPORT F ACILITY , and does not alter the qua lity or quantity of the G ASOLINE in any other way, the P ERSON does not produce G ASOLINE

.

" P RODUCER " means any P ERSON who owns, leases, operates, controls or supervises a P RODUCTION F ACILITY

.

" P RODUCTION FACILITY " means a facility at which CBG or CBGBOB is produced. Upon request of a P RODUCER , the Department of Air Quality and Environmental Management may designate, as part of the P RODUCER 's P RODUCTION F ACILITY , a physically separate bulk storage facility which (A) is owned or leased by the
P RODUCER , and (B) is operated by or at the direction of the P RODUCER and (C) is
not used to store or distribute CBG or CBGBOB that is not supplied from the
P RODUCTION F ACILITY

.

" R EFINER " means any P ERSON who owns, leases, operates, controls or supervises a R EFINERY

.

" R EFINERY " means a facility that produces li quid fuels by distilling petroleum.

"S UPPLY " means to provide or transfer a produc t to a physically separate facility, vehicle, or transportation system.Suspended by the BCC,
Effective 09/29/09 54-4 CC Air Quality Regulations 54.1 Applicability of Standards; A dditional Standards; Registration

54.1.1 All sales, supplies, offer or movements of CBG for use in Clark County, Nevada, including transactions directly involving the fueling
of M OTOR V EHICLES at a retail outlet or B ULK P URCHASER C ONSUMER facility.

54.1.2 Unless otherwise specifically pr ovided, this section shall apply from November 1, 1999 to March 31, 2000, and each such winter
season thereafter.

54.1.3 The standards in Subsections 54.2.1and 54.2.2 shall not apply to:

(a) transactions directly involving the fueling of M OTOR V EHICLES at a retail outlet or B ULK P URCHASER -C ONSUMER facility,
where the P ERSON selling, offering, or supplying the
G ASOLINE demonstrates as an affirma tive defense that the exceedance of the pertinent standard was caused by
G ASOLINE delivered to the retail outlet or B ULK P URCHASER

C ONSUMER facility prior to October 15 th . If a G ASOLINE storage tank received its last delivery before October 15 th

, G ASOLINE dispensed from that t ank will be exempt from
enforcement of Subsections 54. 2.1, 54.2.2 and 54.5 until the date that the first delivery is made after November 1 st

.

(b) a sale, offer for sale, or supply of CBG to a REFINER if:

(1) the R EFINER F URTHER P ROCESSES the G ASOLINE at the
R EFINER 's R EFINERY prior to any subsequent sale, offer for sale, or supply of the G ASOLINE , and

(2) in the case of standards applicable only to
P RODUCERS or IMPORTERS , the R EFINER to whom the
G ASOLINE is sold or supplied is the P RODUCER of the
G ASOLINE pursuant to Section 54.

(c) G ASOLINE with an octane rating of 98 or greater (R+m)/2, also known as “Racing Fuel”:

(1) fuel within this categor y shall contain the following maximum sulfur and aromatic hydrocarbon content: Sulfur - 10 ppm by weight Aromatic Hydrocarbons - 30% by volume

(2) The requirements of the following sections shall not apply to Racing Fuel :Suspended by the BCC,
Effective 09/29/09 54-5 CC Air Quality Regulations Section 54.3: Election of the Averaging Compliance Option for a G ASOLINE Supplied from a
Production or I MPORT F ACILITY ; Section 54.4: D ESIGNATED A LTERNATIVE L IMITS ; Section 54.5: Election of t he Flat Limit Option for a
G ASOLINE Supplied from a Production
or I MPORT F ACILITY

.

54.1.4 Registration: Each P RODUCER and I MPORTER O F CBG shall register with the Department of Air Qua lity and Environmental Management by August 1, 1999 or in advance of the 1 st date that such P ERSON will produce or import CBG or CBGBOB . Registration shall be on forms prescribed by the D epartment of Air Quality and Environmental Management and s hall include a statement of acceptance of the standar ds and enforcement provisions of this regulation; and shall include a st atement of consent by the registrant that the Department of Air Qua lity and Environmental Management shall be permitted to collect samples and access
documentation and records. The Department of Air Quality and Environmental Management shall mainta in a listing of all registered suppliers.

54.2 Standards

54.2.1 Standards for Sulfur Content

54.2.1.1 Maximum sulfur standard for all CBG. No P ERSON shall sell, offer for sale, supply, offer for suppl y, or transport CBG which has a sulfur content exceeding 80 parts per million by weight.

54.2.1.2 Additional flat sulfur standard for P RODUCERS and I MPORTERS . No
P RODUCER or I MPORTER shall sell, offer for sa le, supply, or offer for supply from its P RODUCTION F ACILITY or I MPORT F ACILITY CBG which has a sulfur content exceeding 40 parts per million by weight,
unless the transaction occurs during a period for which the
P RODUCER or I IMPORTER has elected to be subject to Subsection
54.2.1.3.

54.2.1.3 Sulfur averaging compliance option for P RODUCERS and
I MPORTERS . A P RODUCER or I MPORTER may designate an “averaging compliance” period of any number of days up to the period of November 1 through the following March 31. No P RODUCER or I MPORTER shall, during such period for which the P RODUCER or I MPORTER has elected to be subject to this Subsection (54.2.1.3), sell, offer for sale, supply, or offer for supply from its P RODUCTION F ACILITY or I MPORT F ACILITY CBG that on average for the period hasSuspended by the BCC,
Effective 09/29/09 54-6 CC Air Quality Regulations a sulfur content exc eeding 30 parts per million by weight, unless
elected:

(1) A D ESIGNATED A LTERNATIVE L IMIT for sulfur content has been
established for the G ASOLINE in accordance with the requirements of Subsection 54.4,

(2) The sulfur content of the G ASOLINE does not exceed the
D ESIGNATED A LTERNATIVE L IMIT , and

(3) Where the D ESIGNATED A LTERNATIVE Limit exceeds 30 parts per million, the excess sulfur content is fully offset in accordance with Subsection 54.4.2.(1).

54.2.2 Standards for Aromat ic Hydrocarbon Content

54.2.2.1 Maximum aromatic hydrocarbon st andard for all CBG. No P ERSON shall sell, offer for sale, supply, offer for supply, or transport CBG which has a aromatic hydrocarbon content exceeding 30.0 percent by volume.

54.2.2.2 Additional flat aromatic hydroc arbon standard for P RODUCERS and
I MPORTERS . No P RODUCER or I MPORTER shall sell, offer for sale, supply, or offer for supply from its P RODUCTION F ACILITY or I MPORT

FACILITY CBG which has a aromatic hydrocarbon content exceeding 25.0 percent by volume, unless the transaction occurs during a period for which the P RODUCER or I MPORTER has elected to be subject to 54.2.2.3.

54.2.2.3 Aromatic hydrocarbon averaging compliance option for
P RODUCERS and IMPORTERS . A P RODUCER or I MPORTER may designate an “averaging compliance” period of any number of days up to the period of Nove mber 1 through the following March 31. No
P RODUCER or I MPORTER shall, during such period for which the
P RODUCER or I MPORTER has elected to be subject to this Subsection (54.2.2.3), sell, offer for sale, suppl y, or offer for supply from its
P RODUCTION F ACILITY or I MPORT F ACILITY CBG that on average for the period has an aromatic hy drocarbon content exceeding 22.0 percent by volume, unless elected:

(1) A D ESIGNATED A LTERNATIVE L IMIT for aromatic hydrocarbon
content has been established for the G ASOLINE in accordance with the requirem ents of Subsection 54.4,

(2) The aromatic hydr ocarbon content of the G ASOLINE does not
exceed the D ESIGNATED A LTERNATIVE L IMIT , andSuspended by the BCC,
Effective 09/29/09 54-7 CC Air Quality Regulations (3) Where the D ESIGNATED A LTERNATIVE L IMIT exceeds 22.0 percent by volume, the ex cess aromatic hydrocarbon content is fully offset in accordance with Subsection 54.4.2(2).

54.3 Election of the Averaging Comp liance Option for a Gasoline Supplied from a Production or Import Facility

54.3.1 A P RODUCER or I MPORTER selling or supplying a F INAL B LEND of
G ASOLINE from its P RODUCTION or I MPORT F ACILITY may elect pursuant to this Subsec tion 54.3.1 to have the F INAL B LEND subject
to the averaging compliance option for one or more of the following properties: sulfur, aromatic hydrocarbons.

54.3.2 In order to elect to have a F INAL B LEND subject to the averaging option for a G ASOLINE property, the P RODUCER or I MPORTER shall notify the Department of Air Quality and Environmental Management of such election and of the estimated volume (in (B ARRELS ), the blend identity, the bl end batch number, and location (including tank numbers) of the F INAL B LEND

.

54.3.3 Once a P RODUCER or I MPORTER has made such an election under this Subsection 54.3.3 with respect to a G ASOLINE property, all
F INAL B LENDS subsequently sold or supplied from the P RODUCTION

or I MPORT F ACILITY shall be subject to the averaging compliance option for that property until the P RODUCER or I MPORTER elects in
accordance with Subsec tion 54.5 to have a F INAL B LEND at the facility subject to the flat limit compliance option for that property.

54.4 Designated Alternative Limits

54.4.1 Assignment of a D ESIGNATED A LTERNATIVE L IMIT (DAL).

(1) A P RODUCER or I MPORTER that has elected to be subject to
Subsections 54.2.1.3 and/or 54.2.2.3 may assign a
D ESIGNATED A LTERNATIVE L IMIT (DAL) to a F INAL B LEND of CBG produced or imported by the P RODUCER or I MPORTER by satisfying the notification requir ements in this Subsection
54.4.1. In no case shall a DA L be less than t he sulfur or aromatic hydrocarbon content, of the F INAL B LEND shown by the sample and test conducted pursuant to Section 54.10, as applicable. If a P RODUCER or I MPORTER intends to assign
DALs for more than one G ASOLINE specification to a given quantity of G ASOLINE , the party shall identify the same F INAL B LEND for all DALs for the G ASOLINE

.Suspended by the BCC,
Effective 09/29/09 54-8 CC Air Quality Regulations (2) The P RODUCER or I MPORTER shall notify the Department of Air Quality and Environmental Management of the estimated volume (in B ARRELS ), the D ESIGNATED A LTERNATIVE L IMIT (DAL), the blend identity, t he location and the averaging compliance period (if known) of each F INAL B LEND receiving
a DAL. This notification sha ll be received by the Department of Air Quality and Environment al Management when starting physical transfer of the G ASOLINE from the P RODUCTION or I MPORT F ACILITY , and in no case less than 12 hours before
the P RODUCER or I MPORTER either completes physical
transfer to the common carrier pipeline or commingles the
F INAL B LEND

.

(3) For each F INAL B LEND receiving a D ESIGNATED A LTERNATIVE L IMIT , the P RODUCER or I MPORTER shall notify the Department of Air Quality and Envir onmental Management with the following information for the F INAL B LEND ; final volume, fuel properties as determined under Subsection 54.10.6 and date and time of the completion of physical transfer from the
P RODUCTION or I MPORT F ACILITY . This notification will be provided on the monthly summation report, Subsection
54.10.11. A F INAL B LEND receiving a DAL can have a date of physical transfer prior to November 1 if it can be
demonstrated that the CBG in that F INAL B LEND is intended for sale in Clark County duri ng the period of November 1 through March 31.

(4) If, through no intentional or negligent conduct, a P RODUCER or I MPORTER cannot report within the ti me period specified in 54.4.1(2) above, the P RODUCER or I MPORTER may notify the Department of Air Quality and Environmental Management of the required data as soon as reasonably possible and may provide a written explanati on of the cause of the delay in reporting. If, based on the written explanation and the surrounding circumstances, the Department of Air Quality and Environmental Management determines that the conditions of this Subsection 54.4.1(4) have been met, timely notification shall be deemed to have occurred.

(5) The Department of Air Quality and Environmental Management shall maintain an electronic data base for tracking and monitoring blend averages, D ESIGNATED A LTERNATIVE L IMIT s, shipment volumes, and other such parameters as deemed necessary. The sole purpose of this
data base will be to ensure that the Sulfur and AromaticSuspended by the BCC,
Effective 09/29/09 54-9 CC Air Quality Regulations Hydrocarbons content of final delivered blends is in compliance with the specifications of this regulation.

54.4.2 Additional prohibitions regarding CBG to which a D ESIGNATED A LTERNATIVE L IMIT has been assigned.

(1) Offsetting excess sulfur. Before or after the start of physical
transfer from a P RODUCTION or I MPORT F ACILITY of any F INAL B LEND of CBG to which a P RODUCER has assigned a
D ESIGNATED A LTERNATIVE LIMIT for sulfur content exceeding 30 parts per million, the P RODUCER or I MPORTER shall complete physical transfer from the same P RODUCTION or I MPORT F ACILITY of CBG in suffici ent quantity and with a
D ESIGNATED A LTERNATIVE L IMIT sufficiently below 30 parts per
million to offset the mass of sulf ur in excess of a limit of 30 parts per million. Offsetting sh ipments can have a date of physical transfer prior to November 1 if it can be
demonstrated that the CBG in that F INAL B LEND is intended for sale during the period of November 1 through March 31. Offsetting shipments must be completed by March 31.

(2) Offsetting excess aromatic hydrocarbons. Before or after the start of physica l transfer from a P RODUCTION or I MPORT F ACILITY of any F INAL B LEND of CBG to which a P RODUCER has assigned a D ESIGNATED A LTERNATIVE L IMIT for aromatic hydrocarbon content exceeding 22. 0 percent by volume, the
P RODUCER or I MPORTER shall complete physical transfer from
the same P RODUCTION or I MPORT F ACILITY of CBG in sufficient quantity and with a D ESIGNATED A LTERNATIVE L IMIT sufficiently below 22.0 percent by volume to offset the volume of aromatic hydrocarbons in excess of a limit of 22.0 percent. Offsetting shipments can have a date of physical transfer prior to November 1 if it can be demonstrated that
the CBG in that F INAL B LEND is intended for sale during the period of November 1 thr ough March 31. Offsetting shipments must be completed by March 31.

54.5 Election of the Flat Limit Option for a G ASOLINE Supplied from a

P RODUCTION or I MPORT F ACILITY

54.5.1 A P RODUCER or I MPORTER selling or supplying a F INAL B LEND of
G ASOLINE from its P RODUCTION or I MPORT FACILITY may elect to have
the F INAL B LEND subject to the flat lim it compliance option in
accordance with this Subsection 54.5. 1. No such election may be made if there are outstanding require ments to provide offsets for
the G ASOLINE property at the facility.Suspended by the BCC,
Effective 09/29/09 54-10 CC Air Quality Regulations 54.5.2 A P RODUCER or I MPORTER shall notify the Depar tment of Air Quality and Environmental Management when switching from the averaging compliance option to the flat compliance option. This notification shall be received by t he Department of Air Quality and Environmental Management when star ting physical transfer of the
G ASOLINE from the P RODUCTION or I MPORT F ACILITY , and in no case
less than 12 hours before the P RODUCER or I MPORTER either completes physical transfer to the common carrier pipeline or commingles the F INAL B LEND . The P RODUCER or I MPORTER will not be required to make further notif ications unless and until they switch to using the averaging option as described in 54.4.1(2).

54.5.3 Once a P RODUCER or I MPORTER has made an election under this Subsection 54.5.3 with respect to a G ASOLINE property, all F INAL B LENDS subsequently sold or supplied from the production or I MPORT F ACILITY shall be subject to the flat limit compliance option for that property until the P RODUCER or I MPORTER elects in accordance with
Subsection 54.3 to have a F INAL B LEND at the facility subject to the averaging compliance option for that property.

54.5.4 Once a P RODUCER or I MPORTER has made an election under this Subsection 54.5.4 with respect to a G ASOLINE property of a F INAL B LEND at a P RODUCTION or I MPORT F ACILITY , the P RODUCER or I MPORTER may not use any previously assigned D ESIGNATED A LTERNATIVE L IMIT for that property to provide offsets pursuant to the applicable provision in Subsection 54.3 for any F INAL B LEND sold or supplied from the P RODUCTION or I MPORT F ACILITY subsequently to the election.

54.6 G ASOLINE Subject to PM Alternati ve Specifications Based on the Predictive Model [Reserve]

54.7 Certified G ASOLINE Formulations Resulting in Equivalent Emission
Reductions Based on M OTOR V EHICLE Emission Testing [Reserve]

54.8 Exemptions for G ASOLINE Used in Test Programs [Reserve]

54.9 Liability of P ERSON s Who Commit Violations Involving G ASOLINE that Has Not Yet Been Sold or Supplied to a M OTOR V EHICLE

54.9.1 For the purposes of this Subsec tion, each sale of CBG at retail, and each dispensing of CBG into a M OTOR V EHICLE fuel tank, shall also be deemed a sale or supply by any P ERSON who previously sold or supplied such G ASOLINE in violation of this Subsection.

54.10 Sampling, Testing and RecordkeepingSuspended by the BCC,
Effective 09/29/09 54-11 CC Air Quality Regulations 54.10.1 The requirements of this Subsection shall apply to each P RODUCER I MPORTER

, or T RANSPORTER that has elected to sell, offer for sale, supply, or offer for supply CBG. These requirements apply to CBG which has been produced, imported, or transported conforming with Subsection 54.2.1.2 (Sulfur Flat St andard); Subsection 54.2.1.3 (Sulfur Averaging Compliance Option); S ubsection 54.2.2.2 (Aromatic Hydrocarbon Flat Standard); or Subsection 54.2.2.3 (Aromatic Hydrocarbon Averaging Compliance Standard). All records must contain a statement declaring whether the sample conforms to the Flat
Standard or Averaging Compliance Option.

54.10.2 Sampling Procedures - In determining compliance with the
standards set forth in Subsecti on 54.2, a sampling methodology acceptable per ASTM standards shall be used.

54.10.3 Test Methods - In determini ng compliance with the standards set forth in Subsection 54.2, the test methods presented in Table 1
shall be used. All ident ified test methods are incorporated herein by reference.



### TABLE 1
Subsection Gasoline Specification Test Method

54.2.1 Sulfur Content AS TM D 2622-94
AS TM D 5453-93

54.2.2 Aromatic Hydrocarbon Content AS TM D 5580-95 or
AS TM D 1319

54.10.4 Equivalent Test Methods - Whenev er this Subsection provides for the use of a specified test me thod, another test method may be used following a determination by t he Department of Air Quality and Environmental Management that t he other method produces results equivalent to the results with the specified method.

54.10.5 The Department of Air Qualit y and Environmental Management or its designee will consider and allow the appropriate test reproducibility as allowed by ASTM when enforcing these
standards. Enforcement of the standards at locations where
G ASOLINE is sold, intended for sale, or made available for sale as a
M OTOR V EHICLE fuel in Clark County, Nevada will be at the standard
defined in Subsection 54.2.1.1 for sulfur content and 54.2.2.1 for aromatic hydrocarbon content.

54.10.6 Each P RODUCER shall sample and test fo r the sulfur and aromatic hydrocarbon content in each F INAL B LEND of CBG which the
P RODUCER has produced, by collecting and analyzing a representative sample of G ASOLINE taken from the F INAL B LEND

,Suspended by the BCC,
Effective 09/29/09 54-12 CC Air Quality Regulations using the methodologies specifi ed in Subsections 54.10.2 and
54.10.3. The P RODUCER shall maintain, for tw o years from the date of each sampling, records showi ng the sample dat e, identity of blend sampled, F INAL B LEND volume, sulfur, aromatic hydrocarbon

content.

54.10.7 Determining whether CBGBOB complies with the standards for
CBG: If a P RODUCER or I MPORTER has designated a F INAL B LEND as CBGBOB the sulfur and aromatic hydrocarbon content properties for compliance with Subsections 54. 2 and 54.10 for that blend shall be determined by adding the s pecified type and amount of
O XYGENATE to a representative sample of the F INAL B LEND of
CBGBOB.

54.10.8 Each I MPORTER shall sample and test fo r the sulfur and aromatic hydrocarbon content in each sh ipment of CBG which the I MPORTER has imported by railway tankcars, tr ucks and trailers, by collecting and analyzing a representativ e sample of the G ASOLINE , using the methodologies specified in Subs ections 54.10.2 and 54.10.3. The
I MPORTER shall maintain, for two years from the date of each sampling, records showing the sample date, product sampled, container or other vessel sampled, the volume of the shipment, sulfur and aromatic hydrocarbon content.

54.10.9 A P RODUCER or I MPORTER shall provide to t he Department of Air Quality and Environment al Management any records required to be maintained by the P RODUCER or I MPORTER pursuant to this Subsection within 20 days of a wri tten request from the Department of Air Quality and En vironmental Management if the request is received before expiration of the period during which the records are required to be maintained.

54.10.10 All parties in the distribution chain (P RODUCER , I MPORTER

, Terminals, Pipelines, Truckers, Rail Carriers, Retailers) must
maintain transfer documents for a minimum of Two (2) years. The
records as a minimum must contai n the type and date of transfer, blend identity, blend batch numbers, volume of transfer, container or transport type, test results, and certification that the fuel meets

CAP standards.

54.10.11 Each PRODUCER or IMPORTER electing to sale , offer for sale, supply, or offer to supply CBG pur suant to this regulation shall provide a Monthly Summation Repor t to the Department of Air Quality and Environmental M anagement no later than the 15 th of the following month. This report shall provide as a minimum,
reconciliation of the month’s tr ansactions relative to theSuspended by the BCC,
Effective 09/29/09 54-13 CC Air Quality Regulations requirements of Subsection 54.10.6. Updates or revisions to
estimated transaction volumes fo r Subsection 54.4.1 (2) shall be included in this report.

54.11 Requirements Pertaining to Clean er Burning Gasoline Blendstock for Oxygenate Blending (CBGBOB) and Downstream Blending

54.11.1 Requirements for O XYGENATE B LENDERS : Whenever an O XYGENATE B LENDER receives CBGBOB from a transferor to whom the
O XYGENATE B LENDER has represented that he/she will add
O XYGENATE to the CBGBOB, the O XYGENATE B LENDER must add to
the CBGBOB O XYGENATE of the type(s) and amount (or within the range of amounts) identified in the documentation accompanying
the CBGBOB.

54.11.2 No P ERSON may combine CBG which has been supplied from a production or I MPORT F ACILITY with any non-O XYGENATE blendstock, other than vapor recove ry condensate. A P ERSON may combine
CBG with other blendstocks if it can be clearly demonstrated that the resulting G ASOLINE will not be sold in Clark County.

54.11.3. Notwithstanding 54.11.2, the Department of Air Quality and Environmental Management may enter into a written protocol with any P ERSON to identify conditions under which the P ERSON may lawfully blend transmix or reproc essed transmix into CBG which has been supplied from its production or I MPORT F ACILITY only if it is determined that the blending will not significantly affect the properties of the CBG.

54.11.4. Notwithst anding 54.11.2, a P ERSON may add non- OXYGENATE blendstock to CBG that does not co mply with one or more of the

CAP limits contained in sections 54.2.1.1 and 54.2. 2.1 where the
P ERSON obtains the prior approval of the Department of Air Quality and Environmental Management bas ed on a demonstration that adding the blendstock is a reasonable means of bringing the

GASOLINE into compliance with the CAP limits.

54.12 Enforcement

Failure to comply with any Section of the Department of Air Quality and Environmental Management, Air Qualit y Regulations is subject to enforcement action, pursuant to Subs ection 4.7. Penalties of up to $10,000 per day per Section violat ed may be imposed, pursuant to Section 9. Variances can be reques ted, pursuant to Subsection 7.5.Suspended by the BCC,
Effective 09/29/09 54-14 CC Air Quality Regulations 54.12.1 All Parties in the distributi on chain through the retail level must
maintain transfer documents as s pecified in subsection 54.10.10. Any P RODUCER

, I MPORTER , Terminal, Pipeline Operator, Trucker, Rail Carrier, or Retailer that fails to test and/or maintain records per Section 54.10; sells G ASOLINE in Clark County not meeting the specifications of this regulat ion; or allows conventional G ASOLINE to be commingled with Clark County CBG, is liable for violations and may be subject to the maximum penalties of this Section.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 60 - EVAPORATION AND LEAKAGE

60.1 General :

60.1.1 Materials such as, but not limited to, solvent, or other volatile compounds such as paints, acids, alkalies, pes ticides, fertilizer, and manure shall be processed, stored, used and transport ed in such a manner and by such means that they will not evaporate, leak, escape or be otherwise discharged
into the ambient air so as to cause or contribute to A IR P OLLUTION ; and where
control methods are available to reduc e effectively the contribution to A IR P OLLUTION from evaporation, leakage, or discharge as determined by the
C ONTROL O FFICER , the installation and use of su ch control methods, devices or equipment shall be mandatory.

60.2 Degreasing :

60.2.1 Degreasing operations will only be permitted under the following conditions:

60.2.1.1 Disposal or transfer to another P ERSON of W ASTE solvent is not permitted where evaporation into the atmosphere is greater than ten percent (10%) by weight of the solvent;

60.2.1.2 W ASTE solvent shall only be stored in covered containers;

60.2.1.3 Degreasing containers shall be equipped with a cover that can be operated by one hand and this cover is to be kept closed at all times except when actually adding material to be cleaned or removing material which has been cleaned;

60.2.1.4 Cleaned material shall be allowed to dr ain for at least fifteen (15) seconds or until dripping of solvent has ceased;

60.2.1.5 When solvent is applied by a hose or other type of pr essure system the
solvent must be in the solid fluid state. Spraying or atomization for purposes of application is not permi tted. Application pressure shall be low enough to prevent excessive splashing of the solvent;Amended 07/01/04 60-2 CC Air Quality Regulations 60.2.1.6 Degreasing containers shall be equipped with a permanent conspicuous label, summarizing operating requirements;

60.2.1.7 When a H IGHLY V OLATILE S OLVENT is being employed, the degreasing facility must be equipped with internal drainage, so that the parts are enclosed under the cover while draining. The drainage facility may be external if an internal type cannot fit into the system;

60.2.1.8 If the degreasing operation employs a H IGHLY V OLATILE S OLVENT , or if a
solvent is heated above 50 o C (120 o F), then one of the following control
devices must be used:

1) freeboard that gives a F REEBOARD R ATIO > 0.7,

2) water cover (solvent must be insoluble in and heavier than water), or

3) other systems of equivalent control.

60.3 Surface Coating :

60.3.1 Large Appliances:

60.3.1.1 This S ECTION shall apply to A PPLICATION A REA (s), flashoff area (s), and large appliance coating lines involved in pr ime, single, or top-coat coating operations.

60.3.1.2 No P ERSON shall cause, allow, or permit the discharge into the atmosphere of any V OLATILE O RGANIC C OMPOUNDS in excess of 0.34 k ilograms per liter of coating (2.8 pounds per gallon), minus wa ter, and as delivered to the coating applicator.

60.3.1.3 The E MISSION limit prescribed in Subsection 60.3.1.2 shall be achieved by:

a) the use of low solvent coatings; or

b) other E MISSION controls such as inciner ation or carbon absorption capable of achieving E MISSION levels as low as those of low solvent coatings capable of meeting the E MISSION limits set in Subsection
60.3.1.2.

60.3.1.4 The design, operation, and effi ciency of any capture system used in conjunction with Subsection 60.3.1.3 sha ll be certified in writing by the
O WNER or O PERATOR and approved in advance of in stallation and use by the
C ONTROL O FFICER

.Amended 07/01/04 60-3 CC Air Quality Regulations 60.3.1.5 Exception:

60.3.1.5.1 Subsection 60.3.1 does not apply to the use of quick drying lacquers for repair of scratches and nicks which o ccur during assembly provided the volume does not exceed 1.0 liters in any one 8 hour period.

60.4 Cutback Asphalts :

60.4.1 Definitions:

60.4.1.1 Cutback Asphalt - Cutba ck asphalts are mixtures of V OLATILE O RGANIC C OMPOUNDS and a base asphalt of selected viscosity. Solvent is of low, medium, or high volatility depending upon construction use;

60.4.1.2 Medium Curing (MC) - A cutback asphalt generally using kerosene as the solvent;

60.4.1.3 Rapid Curing (RC) - A cutback asphalt generally using highly volatile gasoline or naphtha as the solvent;

60.4.2 After July 1, 1980, use of S LOW C URING (SC), medium curing (MC), or rapid curing (RC) cutback asphalt for paving pur poses is prohibit ed, within the Las Vegas Valley.

60.4.3 Exceptions to Subsection 60.4.2 are as follows:

60.4.3.1 The use of Slow or Medium Cu ring cutback asphalt may be allowed as a penetrating prime coat on light ly-traveled gravel surfaces or surfaces for temporary traffic;

60.4.3.2 The use of Slow or Medium Curing cutback asphalt may be placed in long period storage or for the stockpiling of patching mixes used for paving
maintenance:

60.4.3.3 Cutback asphalt may be used when the forecast am bient temperature for the twenty-four (24) hour per iod following application of such asphalt is not expected to exceed 10 o C (50 o F).

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 70 - EMERGENCY PROCEDURES

70.1 If the C ONTROL O FFICER determines that either a generalized condition of A IR P OLLUTION or the operation of one or mo re particular sources of air contaminant is causing or may cause imminent danger to human health or safety, he may declare that an episode condition such as an alert, warning or an emergency exists. The C ONTROL O FFICER may order the prohibition, restriction, reduction or discontinuance of the E MISSIONS of any air contaminant which is causing or may cause aggravation of the condition.
The C ONTROL O FFICER shall utilize Section 6 of th e Air Quality Implementation
Plan for the State of Nevada which is entitled, EMERGENCY EPISODE PLAN, as a guide for the actions during an episode condition.

70.2 Any order issued pursuant to S ubsection 70.1 above, shall expire by
limitation 24 hours after it takes e ffect, unless affirmed and extended, modified or set aside by the Air Pollution Control H EARING B OARD within that period of time.

70.3 Enforcement of restrictions on M OTOR V EHICLE operations may be carried out by law enforcement agencies having ju risdiction within incorporated or unincorporated areas of the Department of Air Quality and Environmental Management.

70.4 The O WNER or O PERATOR of any S TATIONARY S OURCE which E MITS 100 short tons (90.7 metric tons) or more per year of any air contaminant shall prepare and
submit to the C ONTROL O FFICER a standby plan for reducing or eliminating

E MISSIONS of air pollutants dur ing periods of an A IR P OLLUTION Alert, A IR P OLLUTION Warning, or A IR P OLLUTION Emergency as defined in the
EMERGENCY EPISODE PLAN.

70.4.1 Each such plan shall be submitted within 90 days of this regulation and shall be subject to review and approval of the C ONTROL O FFICER . Any such plan will be approved unless the C ONTROL O FFICER notifies the O WNER O R O PERATOR within 60 days that such pl an has been disapproved. The
C ONTROL O FFICER will set forth reasons for any disapproval. (This subsection effective 1/28/73.)Amended 07/01/04 70-2 CC Air Quality Regulations 70.4.2 The provision of Subsection 70.4.1 shall supersede that contained as part of
the EMERGENCY EPISODE PLAN which rela tes to the time of submittal of standby plans.

70.4.3 Each such plan shall identify the air pollutants E MITTED by the source, the specific facility from which each air pollutant is E MITTED , the manner in which
reduction of E MISSIONS will be achieved during an A IR P OLLUTION Alert, Warning, or Emergency, and t he approximate reduction in E MISSIONS to be achieved by each reduction measure.

70.4.4 During an A IR P OLLUTION Alert, Warning, or Emergency a copy of such plan
shall be made available on the source premises for inspection by the
C ONTROL O FFICER

.

70.5 Upon notification by the C ONTROL O FFICER that an A IR P OLLUTION Alert, Warning, or Emergency has been declared, the O WNER O R O PERATOR of each source which has a standby plan approved by the C ONTROL O FFICER shall implement the E MISSION reduction measures specified in such plan.

70.6 Any O WNER O R O PERATOR of a S TATIONARY S OURCE not subject to the requirements of Subsection 70.1 of this section shall, when requested by the
C ONTROL O FFICER in writing, prepare and subm it a standby plan in accordance
with this section.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 80 - CIRCUMVENTION

80.1 A P ERSON shall not build, erect, install or u se any article, machine, equipment or other contrivance, the use of which, without resulting in a reduction in the total release of air contaminants to the atmosphere, reduces or conceals an

E MISSION which would otherwise constitute a violation of these Regulations. This section shall not apply to cases in which the only violation involved is of
Subsection 40.140 of the Nevada Revised Statutes or of Section 40 of these Regulations.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 81 - PROVISIONS OF REGULATIONS SEVERABLE

81.1 If any provision of these Re gulations or the application thereof to any person or circumstances is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the ot her provisions or applications of these Regulations which can be given eff ect without the invalid provision or application, and to this end the provis ions of these Regulations are declared
to be severable.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 90 - FUGITIVE DUST FROM OPEN AREAS AND VACANT
LOTS

90.1 F UGITIVE D UST From O PEN A REAS AND V ACANT L OTS

90.1.1 Purpose: To limit the E MISSION of P ARTICULATE M ATTER into the A MBIENT A IR from O PEN A REAS A ND V ACANT L OTS

.

90.1.2 Applicability: The provisions of this Regulation shall apply to O PEN A REAS A ND V ACANT L OTS which are located in the PM 10 N ONATTAINMENT A REA (H YDROGRAPHIC B ASIN 212) and the Apex Valley (H YDROGRAPHIC B ASINS 216 and 217). Nothing in Section 90 of thes e Regulations shall be construed to prevent enforcement of Se ction 40 (Prohibition of N UISANCE Conditions) of these Regulations. The provisions of this Regulation shall not apply to
Normal Farm Cultural Practices or t he raising of fowl or animals. The provisions of this Regul ation shall not apply to S TATIONARY S OURCES as defined in Section 0, exc ept that these control m easures shall be considered as part of a BACT determination.

90.1.3 Effective Date Of This Regulation:

90.1.3.1 Section 90, adopted by the Clark County Board of County Commissioners on June 22, 2000, shall be effective in H YDROGRAPHIC B ASIN 212 on January 1, 2001, except as otherwise provided herein.

90.1.3.2 Section 90 shall be effective in H YDROGRAPHIC B ASINS 216 and 217 on April 1, 2002, except as ot herwise provided herein.

90.2 Requirements:

90.2.1 O PEN A REAS A ND V ACANT L OTS : If O PEN A REAS A ND V ACANT L OTS are 5,000 square feet or lar ger and are disturbed by any means, including use by M OTOR V EHICLES and/or O FF -R OAD M OTOR V EHICLES or material dumping, then the O WNER A ND /O R O PERATOR of such O PEN A REAS A ND V ACANT L OTS shall implement one or more of the C ONTROL M EASURES described in Subsection 90.2.1.1 of this Regulation within 30 calendar days following the initial discovery of disturbance or vehicle use on O PEN A REAS A ND V ACANT L OTS . The O WNER A ND /O R O PERATOR shall implement all control measures necessary to limit the disturbanc e of open areas and______________________________________________________________________ Amended 07/01/04 90-2 CC Air Quality Regulations vacant lots in accordance with the requirements of this regulation. Advisory Notice: In order to conserve water to the greatest extent practicable, the use of R ECLAIMED W ATER is highly encouraged.

90.2.1.1 C ONTROL M EASURES :

(a) Where there is evidence of soil disturbance by M OTOR V EHICLES and/or O FF -R OAD V EHICLE use, prevent M OTOR V EHICLE and/or O FF

R OAD V EHICLE trespassing, parking, and/or access, by installing barriers, curbs, fences, gates, posts, signs, shrubs, trees, or other
effective traffic Control Measures . A stable surface area shall be
established and maintained by using one of the C ONTROL M EASURES set forth in Subsections 90. 2.1.1(b) or (c) or by the effective application of water in compliance with the stabilization
standards set forth in Subsection 90.2.1.2. Where measures to prevent vehicular trespassing and mo vement are not effective, the application of water will not be utilized for surface stabilization. For the purposes of this Subsecti on, use of or parking on O PEN A REAS A ND V ACANT L OTS for noncommercial and non-institutional purposes by the O WNER A ND /O R O PERATOR of such O PEN A REAS A ND V ACANT L OTS shall not be considered vehicle use under this Subsection. In addition, vehicle use related to landscaping maintenance shall not
be considered vehicle use under this Subsection. For the purpose of this Regulation, landsc ape maintenance does not include grading, trenching, or any other mechanized surface disturbing activities performed to establish initial landscapes or to redesign existing landscapes; or

(b) Where a D ISTURBED S URFACE A REA exists (including disturbed surfaces caused by M OTOR V EHICLES ), uniformly apply and maintain surface gravel or D UST P ALLIATIVES to all areas disturbed by M OTOR V EHICLES in compliance with one of the stabilization standards described in Subsection 90.2.1.2 of this Regulation; or

(c) Where a D ISTURBED S URFACE A REA exists (including disturbed surfaces caused by M OTOR V EHICLES and/or O FF -R OAD M OTOR V EHICLES ), apply and maintain an alternative C ONTROL M EASURE approved in writing by the C ONTROL O FFICER and the Region IX
A DMINISTRATOR of the Environmental Protection Agency (EPA).

90.2.1.2 Stabilization Standards:

(a) A visible crust shall be established, as determined by Subsection 90.4.1.1 (The Drop Ba ll/Steel Ball Test) of these Regulations; or,______________________________________________________________________ Amended 07/01/04 90-3 CC Air Quality Regulations (b) A percent cover that is equal to or greater than 20% for nonerodible elements shall be es tablished, as determined by Subsection 90.4.1.2 (Rock Test Me thod) of these Regulations; or,

(c) A threshold friction velocity, corrected for non-erodible elements of 100 cm/second or higher, shall be established, as determined by Subsection 90.4.1.3 (Determination Of Threshold Friction Velocity) of this Regulation; or,

(d) An alternative test met hod approved in writ ing by the C ONTROL O FFICER and the Region IX A DMINISTRATOR of the EPA.

90.2.2 Dust Mitigation Plans Required: Any O WNER A ND /O R O PERATOR of O PEN A REAS A ND V ACANT L OTS having a cumulative area of 10,000 acres or greater must submit a dus t mitigation plan to the Department of Air Quality and Environmental Management for approval by March 31, 2003, in a format prescribed by the C ONTROL O FFICER

.

90.2.3 Mechanized Weed Abatemen t and/or Trash Removal: If machinery is
used to clear weeds and/or trash from O PEN A REAS A ND V ACANT L OTS of 5,000 square feet or lar ger, then the following Cont rol Measures set forth
in Subsection 90.2.3. 1 shall be applied. Advisory Notice: In order to conserve water to the greatest ex tent practicable, the use of R ECLAIMED W ATER is highly encouraged.

90.2.3.1 C ONTROL M EASURES

(a) Pre-wet surface soils before me chanized weed abatement and/or trash removal occurs; and,

(b) Maintain dust control measur es while mechanized weed abatement and/or trash removal is occurring; and,

(c) P AVE , apply gravel, apply water, or apply a suitable D UST P ALLIATIVE , in compliance with the stab ilization standards set forth
in Subsection 90.2.1.2 of this R egulation, after mechanized weed
abatement and/or trash removal occurs.

90.3 Record Keeping Requirements

90.3.1 Record Keeping: Any P ERSON subject to the requirements of this Regulation shall compile and retain re cords that provide evidence of
C ONTROL M EASURE application, by indicati ng type of treatment or C ONTROL M EASURE , extent of coverage, and dat e applied. The records and supporting documentation shall be made available to the C ONTROL O FFICER within 24 hours of a written request.______________________________________________________________________ Amended 07/01/04 90-4 CC Air Quality Regulations 90.3.2 Record Retention: Copies of the records r equired by Subsection 90.3.1 (Record Keeping Requirements) of this Regulation shall be retained for at least one year.

90.4 Test Methods

90.4.1 Stabilization Standards For O PEN A REAS A ND V ACANT L OTS : The test
methods described in Subsections 90.4. 1.1 through Subsections 90.4.1.3 of this Regulation shall be used to determine whether an O PEN A REA or a V ACANT L OT has a stabilized surface. Should a disturbed O PEN A REA or V ACANT L OT contain more than one type of disturbance, soil, or other characteristics which are visibly distinguishable, each representative surface must be tested separately for st ability in an area th at represents a random portion of the over all disturbed conditions of the site, utilizing the appropriate test methods in Subsections 90.4.1.1 thr ough Subsections 90.4.1.3 of this Regulation. Depending upon test method results, include or eliminate each representat ive surface from the to tal size assessment of
the D ISTURBED S URFACE A REA ( S ).

90.4.1.1 Soil Crust Determination ( The Drop Ball Test): Drop a steel ball with a diameter of 15.9 millimeters (0. 625 inches) and a mass ranging from 16- 17 grams from a distance of 30 centim eters (one foot) directly above the soil surface. If blowsand is present, clear the blowsand fr om the surfaces
on which the soil crust test method is conducted. Blowsand is defined as thin deposits of loose uncombined grai ns covering less than 50% of an
O PEN A REA or V ACANT L OT which have not originated from the representative O PEN A REA or V ACANT L OT surface being tested. If material covers a visible crust, which is not blowsand, apply the test method in Subsection 90.4.1.3 (Determination Of Thre shold Friction Velocity) of this Regulation to the loose mate rial to determine whether
the surface is stabilized.

(a) A sufficient crust is defined under the following conditions: once a ball has been dropped according to S ubsection 90.4.1.1 of this Regulation, the ball does not sink in to the surface, so that it is partially or fully surrounded by l oose grains and, upon removal of the ball, the surface upon which it fell has not been pulverized, so that loose grains are visible.

(b) Randomly select each representative D ISTURBED S URFACE for the drop ball test by using a blind “over the shoulder” toss of a throwable object (for example, a metal weight with survey tape attached). Using the point of fall as the lower left hand corner, measure a 1-foot square area. Dr op the ball three times within the 1-foot by 1-foot square survey area, using a consistent pattern______________________________________________________________________ Amended 07/01/04 90-5 CC Air Quality Regulations across the survey area. The survey area shall be considered to have passed the Soil Crust Determinati on Test if at least two of the three times the ball was dropped, t he results met the criteria in Subsection 90.4.1.1(a) of this Regulat ion. Select at least two other survey areas that represent a random portion of the overall disturbed conditions of the site, and repeat this procedure. If the
results meet the criteria of Subsection 90.4.1.1( a) of this Regulation for all of the 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 of a crust on another portion of the site. Repeat the
soil crust test as often as necessa ry on each portion of the overall conditions of the site using the r andom selection method set forth in Subsection 90.4.1.1(b) of this Regulation for an accurate

assessment.

90.4.1.2 Rock Test Method: The Rock Test Method, which is similar to Subsection 90.4.1.3 (Determination Of Threshold Fric tion Velocity) of this Regulation,
examines the wind-resistance effe cts of rocks and other non-erodible
elements on disturbed surfaces. Non-er odible elements are objects larger than 1 centimeter (cm) in diameter t hat remain firmly in place even on windy days. Typically, non-erodible elements include rocks, stones, glass fragments, and hardpacked cl umps of soil lying on or embedded in the surface. Vegetation does not count as a non-erodible element in this method. The purpose of this test met hod is to estimate the percent cover of non-erodible elements on a given surface to see whether such elements take up enough space to offe r protection against windblown dust. For simplification, the following te st method refers to all non-erodible
elements as “rocks.”

(a) Randomly select a 1 meter by 1 meter survey area within an area that represents the general rock di stribution on the surface (a 1 meter by 1 meter area is slightly greater than a 3 foot by 3 foot area). Use a blind “over the s houlder” toss of a throwable object (for example, a metal weight with survey tape attached) to select the survey surface and using the point of fall as the lower left hand corner, measure a 1 meter by 1 meter survey area. Mark-off the survey area by tracing a straight, visible line in the dirt along the edge of a measuring tape or by plac ing short ropes, yard sticks, or other straight objects in a square around the survey area.

(b) Without moving any of the rocks or other elements, examine the survey area. Since rocks greater t han 3/8 inch (1 cm) in diameter______________________________________________________________________ Amended 07/01/04 90-6 CC Air Quality Regulations are of interest, measure the diamet er of some of the smaller rocks to a get a sense of which rocks need to be considered.

(c) Mentally group the ro cks greater than 3/8 inch (1cm) diameter lying in the survey area into small, m edium, and large size categories. If the rocks are all approximately the sa me size, simply select a rock of average size and typical shape. Without removing any of the rocks from the ground, count the number of rocks in the survey area in each group and write dow n the resulting number.

(d) Without removing rocks, select one or two average-size rocks in each group and measure the length an d width. Use either metric units or standard units. Using a calcul ator, multiply the length times the width of the rocks to get the average dimensions of the rocks in each group. Write down the results for each rock group.

(e) For each rock group, multiply t he average dimensions (length times width) by the number of rocks c ounted in the group. Add the results from each rock group to get the total rock area within the

survey area.

(f) Divide the total rock area, calcul ated in Subsection 90.4.1.2(e) of this Regulation, by two (to get fr ontal area). Divide the resulting number by the size of the survey area (make sure the units of measurement match), and multiply by 100 for percent rock cover. For example, the total rock area is 1,400 square centimeters, divide 1,400 by 2 to get 700. Divide 700 by 10,000 (the survey area is 1 meter by 1 meter, which is 100 c entimeters by 100 centimeters or 10,000 centimeters) and multiply by 100. The result is 7% rock
cover. If rock measurements ar e made in inches, convert the survey area from meters to inches (1 inch = 2.54 centimeters).

(g) Select and mark-off two additional survey areas and repeat the procedures described in Subsection 90.4.1.2(a) through Subsection 90.4.1.2(f) of this R egulation. Make sure the additional survey areas also represent the general rock distribution on the site. Average the percent cover results fr om all three survey areas to estimate the average percent of rock cover.

(h) If the average rock cover is gr eater than or equal to 20%, the surface is stable. If the average rock cover is less than 20%, follow the procedures in Subsection 90.4. 1.2(i) of this Regulation.

(i) If the average rock cover is less than 20%, the surface may or may not be stable. Follow the proc edures in Subsection 90.4.1.3 (Determination Of Threshold Fricti on Velocity) of this Regulation______________________________________________________________________ Amended 07/01/04 90-7 CC Air Quality Regulations and use the results from the rock te st method as a correction (i.e., multiplication) factor. If the rock cover is at least 1%, such rock cover helps to limit windblown dust. However, depending on the soil’s ability to release fine dust parti cles into the air, the percent rock cover may or may not be sufficient enough to stabilize the surface. It is also possible that the soil itself has a high enough Threshold Friction Velocity (TFV ) to be stable without accounting
for rock cover.

(j) After completing the procedures de scribed in Subsection 90.4.1.2(i) of this Regulation, use Table 2 of this Regulation to identify the appropriate correction factor to the TFV, depending on the percent rock cover. Multiply the correcti on factor by the TFV value for a
final TFV estimate that is co rrected for non-erodible elements.

90.4.1.3 Determination Of Threshold Friction Velocity (TFV): For D ISTURBED S URFACE A REAS that are not crusted or vegetated, determine TFV according to the following sieving field procedure (based on a 1952 laboratory procedure published by W. S. Chepil).

(a) Obtain and stack a set of si eves with the following openings: 4 millimeters (mm), 2 mm, 1 mm, 0. 5 mm, and 0.25 mm, or obtain and stack a set of standard/commonly available sieves. Place the sieves in order according to size openings, beginning with the largest size opening at the top. Place a collector pan underneath the bottom (0.25 mm) sieve. Collect a sample of loose surface
material from an area at least 30 cm by 30 cm in size, to a depth of approximately 1 cm using a brus h and dustpan or other similar device. Only collect soil samples from dry surfaces (i.e., when the surface is not damp to the touch) . Remove any rocks larger than 1 cm in diameter from the sample. Pour the sample into the top sieve (4 mm opening) and cover the sieve/ collector pan unit with a lid. Minimize escape of particles into the air when transferring surface soil into the sieve/collector pan unit. Move the covered sieve/collector pan unit by hand using a broad, circular arm motion in the horizontal plane. Complete twenty circular arm movements,
ten clockwise and ten counterclockwis e, at a speed just necessary
to achieve some relative horizont al motion between the sieves and the particles. Remove the lid fr om the sieve/collector pan unit and disassemble each sieve separatel y, beginning with the largest sieve. As each sieve is removed, examine it for loose particles. If loose particles have not been sifted to the finest sieve through which they can pass, reassemble and cover the sieve/collector pan unit and gently rotate it an additional ten times. After disassembling the sieve/collector pan unit, slightly tilt and gently tap each sieve, and the collector pan, so that mate rial aligns along one side. In______________________________________________________________________ Amended 07/01/04 90-8 CC Air Quality Regulations doing so, minimize escape of particl es into the air. Line up the sieves and collector pan in a row and visibly inspect the relative quantities of catch in order to determine which sieve (or whether the collector pan) contains the gr eatest volume of material. If a
visual determination of relative volumes of catch among sieves is difficult, use a graduated cylinder to measure the volume. Estimate TFV for the sieve catch with the gr eatest volume using Table 1 of this Subsection, which provides a correlation between sieve opening size and TFV.

Table 1. Determination Of Threshold Friction Velocity

Tyler Sieve No. ASTM 11 Opening TFV Sieve No. (mm) (cm/s)

_____ 5 5 4 135
9 10 2 100
16 18 1 76
32 35 0.5 58
60 60 0.25 43
Collector Pan

**⎯ ⎯**  30

(b) Collect at least three soil samp les which represent random portions
of the overall conditions of t he site, repeat the above TFV test method for each sample and aver age the resulting TFVs together
to determine the TFV uncorrected for non-erodible elements. Nonerodible elements are di stinct elements, in the random portion of the overall conditions of the site, that are larger than 1 cm in diameter, remain firmly in place during a wind episode, and inhibit soil loss by consuming part of the shear stress of the wind. Nonerodible elements include stones and bulk surface material but do not include flat or standing vegetat ion. For surfaces with nonerodible elements, determine corrections to the TFV by identifying the fraction of the survey area, as viewed from directly overhead, that is occupied by non-erodibl e elements using the following procedure. For a more detailed de scription of this procedure, see Subsection 90.4.1.2 (Rock Test Method) of this Regulation. Select a survey area of 1 meter by 1 meter that represents a random portion of the overall conditions of the site. Where many nonerodible elements lie within the survey area, separate the nonerodible elements into groups accord ing to size. For each group,
calculate the overhead area for the non-erodible elements according to the following equations:______________________________________________________________________ Amended 07/01/04 90-9 CC Air Quality Regulations Eq. 1: (Average length) x (Average width) = Average Dimensions. Eq. 2: (Average Dimensions) x (Num ber of Elements) = Overhead Area. Eq. 3: Overhead Area Of Group 1 + Overhead Area Of Group 2 (etc.) =
Total Overhead Area. Eq. 4: Total Overhead Area/2 = Total Frontal Area. Eq. 5: (Total Frontal Area/Survey Area) x 100 = Percent Cover Of NonErodible Elements.

Note: Ensure consistent units of measurement (e.g. square meters or square inches when calculating percent cover).

Repeat this procedure on an additional two di stinct survey areas that represent a random portion of the overall conditions of the site and aver age the results.
Use Table 2 of this Subsection to identif y the correction factor for the percent
cover of non-erodible elements. Mult iply the TFV by the corresponding
correction factor to calculate the TFV corrected for non-erodible elements.

Table 2. Correction Factors For Threshold Friction Velocity

Percent Cover Of Non-Erodible Elements Correction Factor

Greater than or equal to 10% 5 Greater than or equal to 5% and less than 10% 3 Less than 5% and greater than or equal to 1% 2
Less than 1% None

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Initial adoption: June 22, 2000 Amended: November 16, 2000; November 20, 2001; December 17, 2002; June 3, 2003; July 1,
2004.Amended 7/01/04 91-1 CC Air Quality Regulations 

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 91 - FUGITIVE DUST FROM UNPAVED ROADS, UNPAVED ALLEYS, AND UNPAVED EASEMENT ROADS

91.1 F UGITIVE D UST From Unpaved Roads, Unpaved Alleys, and Unpaved
E ASEMENT Roads

91.1.1 Purpose: To limit the Emission of P ARTICULATE M ATTER into the A MBIENT A IR from unpaved roads, unpaved alleys, unpaved R OAD E ASEMENTS and unpaved access roads for utilities and railroads.

91.1.2 Applicability: The provisions of this Regulation shall apply to unpaved roads, which includes unpaved alleys, unpaved R OAD E ASEMENTS and unpaved access roads for utilities and ra ilroads which are located in the
PM 10 N ON -A TTAINMENT A REA (H YDROGRAPHIC B ASIN 212) and the Apex Valley (H YDROGRAPHIC B ASINS 216 and 217). Nothing in Subsections 91.1 through 91.3 of these Regulations shall be c onstrued to prevent enforcement of Section 40 (Prohibition of N UISANCE Conditions) of these Regulations. The provisions of this Regulation s hall not apply to non-commercial and noninstitutional private driv eways and shall not apply to horse trails, hiking paths, bicycle paths, or other similar paths t hat have been officially designated by a governing body for exclusive use for pur poses other than travel by motor
vehicles. The provisions of this Regulation shall not apply to S TATIONARY S OURCES as defined in Section 0, except that these control measures shall be considered as part of a BACT determination.

91.1.3 Effective Date Of This Regulation :

91.1.3.1 Regulations 91.1 through 91.3 shall be effective in H YDROGRAPHIC B ASIN 212 on t heir adoption by the District Board of Health of Clark County on June 22, 2000.

91.1.3.2 Regulations 91.1 through 91.3 shall be effective in H YDROGRAPHIC B ASINS 216 and 217 on April 1, 2002.

91.2 Requirements:

91.2.1 Unpaved Roads: An O WNER A ND /O R O PERATOR of an unpaved road in the
PM 10 N ON -A TTAINMENT A REA , shall implement one of the C ONTROL M EASURESAmended 7/01/04 91-2 CC Air Quality Regulations set forth in Subsection 91.2.1.3 of this Regulation, except as set forth in Subsection 91.2.1.1 of this Regulation. For the purpose of this R egulation,
the C ONTROL M EASURES shall be considered effe ctively implemented when the unpaved roadway complies with the st abilization standards set forth in
Subsection 91.2.1.4 of this Regulation. Advisory Notice: In order to conserve water to the greatest ex tent practicable, the use of R ECLAIMED W ATER is highly encouraged.

91.2.1.1 Implementation Of C ONTROL M EASURES For Existing Unpaved Roads:

91.2.1.1.1 O WNERS AND / OR O PERATORS of existing unpaved roads that were constructed prior to June 22, 2000 in H YDROGRAPHIC B ASIN 212 shall implement one of the C ONTROL M EASURES set forth Subsection 91.2.1.3 of this Regulation according to the following schedule:

(a) C ONTROL M EASURES shall be implemented for one third (1/3) of the total miles of unpaved roads having v ehicular traffic of 150 vehicles or more per day in accordanc e with Subsection 91.2.1.3 (C ONTROL M EASURES ) of this Regulation by June 1, 2001.

91 C ONTROL M EASURES shall be implemented for two thirds (2/3) of the total miles of unpaved roads having v ehicular traffic of 150 vehicles or more per day in accordanc e with Subsection 91.2.1.3 (C ONTROL M EASURES ) of this Regulation by June 1, 2002.

(c) C ONTROL M EASURES shall be implemented for all unpaved roads having vehicular traffic of 150 v ehicles or more per day in accordance with Subsection 91.2.1.3 (C ONTROL M EASURES ) of this Regulation by June 1, 2003.

(d) C ONTROL M EASURES set forth in Subsection 91.2.1.3 shall be implemented for existing unpaved roads on which vehicular traffic is equal to or greater than 150 vehicles per day that develops after June 1, 2003. C ONTROL M EASURES shall be implemented within 365 calendar days following the initial di scovery that vehicular traffic equals or exceeds 150 vehicles per day and that the road surface does not comply with the stabiliz ation standards set forth in
Subsection 91.2.1.4 of th is Regulation. The C ONTROL O FFICER may require short-term stabilization of any unpaved road subject to Subsection 91.2.1.1(d).

(e) Non-federal Requirement: C ONTROL M EASURES set forth in Subsection 91.2.1.3 shall be impl emented for existing unpaved roads having vehicular traffic of less than 150 vehicles per day within 365 calendar days following the in itial discovery that the road surface does not comply with the st abilization standards set forth in Section 91.2.1.4 of this Regulati on. The requirements of thisAmended 7/01/04 91-3 CC Air Quality Regulations Subsection (91.2.1.1 (e) shall not constitute applicable State Implementation Plan requirements pur suant to Section 189 of the
federal Clean Air Act. The C ONTROL O FFICER may require shortterm stabilization of any unpaved road subject to Subsection 91.2.1.1 (e)). For the purpose of this Subsection, the C ONTROL M EASURES shall be considered effectiv ely implemented when the unpaved road complies with the stabiliz ation standards set forth in Subsection 91.2.1.4 of this Regulation.

91.2.1.1.2 O WNERS AND / OR O PERATORS of existing unpaved roads that were constructed prior to April 1, 2002 in H YDROGRAPHIC B ASINS 216 and 217 shall implement one of the C ONTROL M EASURES set forth Subsection 91.2.1.3 of this Regulation according to the following schedule:

(a) C ONTROL M EASURES shall be implemented for one third (1/3) of the total miles of unpaved roads having v ehicular traffic of 150 vehicles or more per day in accordanc e with Subsection 91.2.1.3 (C ONTROL M EASURES ) of this Regulation by April 1, 2003.

(b) C ONTROL M EASURES shall be implemented for two thirds (2/3) of the total miles of unpaved roads having vehicular traffic of 150 vehicles or more per day in accordance with Subsection 91.2.1.3 (C ONTROL M EASURES ) of this Regulation by April 1, 2004.

(c) C ONTROL M EASURES shall be implemented for all unpaved roads having vehicular traffic of 150 v ehicles or more per day in accordance with Subsection 91.2.1.3 (C ONTROL M EASURES ) of this Regulation by April 1, 2005.

(d) C ONTROL M EASURES set forth in Subsection 91.2.1.3 shall be implemented for existing unpaved roads on which vehicular traffic is equal to or greater than 150 vehicl es per day that develops after April 1, 2005. C ONTROL M EASURES shall be implemented within 365 calendar days following the initial di scovery that vehicular traffic equals or exceeds 150 vehicles per day and that the road surface does not comply with the stabiliz ation standards set forth in
Subsection 91.2.1.4 of th is Regulation. The C ONTROL O FFICER may require short-term stabilization of any unpaved road subject to Subsection 91.2.1.1(d).

(e) Non-federal Requirement: C ONTROL M EASURES set forth in Subsection 91.2.1.3 shall be impl emented for existing unpaved roads having vehicular traffic of less than 150 vehicles per day within 365 calendar days following the in itial discovery that the road surface does not comply with the st abilization standards set forth in Section 91.2.1.4 of this Regulati on. The requirements of this Subsection (91.2.1.1 (e) shall not constitute applicable StateAmended 7/01/04 91-4 CC Air Quality Regulations Implementation Plan requirements pur suant to Section 189 of the
federal Clean Air Act. The C ONTROL O FFICER may require shortterm stabilization of any unpaved road subject to Subsection 91.2.1.1 (e)). For the purpose of this Subsection, the C ONTROL M EASURES shall be considered effectiv ely implemented when the unpaved road complies with the stabiliz ation standards set forth in Subsection 91.2.1.4 of this Regulation.

91.2.1.2 No unpaved roads or alleys may be constructed in public thoroughfares in
H YDROGRAPHIC B ASIN 212 after J une 22, 2000, or in H YDROGRAPHIC B ASINS 216 and 217 after April 1, 2002, unless the unpaved road is an interim component of an active paving project.

91.2.1.3 C ONTROL M EASURES :

(a) P AVE , or

(b) Apply D UST P ALLIATIVES , in compliance with the stabilization
standards set forth in Subsection 91.2.1.4 of this Regulation, or

(c) Apply and maintain and alternative C ONTROL M EASURE approved in writing by the C ONTROL O FFICER and the Region IX Administrator of
the EPA.

91.2.1.4 Stabilization Standards: For the purpose of this rule, C ONTROL M EASURES shall be considered effectivel y implemented when stabilization
observations for F UGITIVE Dust E MISSIONS from unpaved roads and unpaved alleys do not exceed 20% O PACITY and do not equal or exceed
0.33 oz/ft 2 silt loading, or do not exceed 6% silt content, as determined by Subsection 91.4.1 of these Regulations.

91.3 Record Keeping Requirements

91.3.1 Record Keeping: Any person subject to t he requirements of this Regulation shall compile and retain re cords that provide evidence of
C ONTROL M EASURE application, by indicati ng type of treatment or C ONTROL M EASURE , extent of coverage, and dat e applied. The records and supporting documentation shall be made available to the C ONTROL O FFICER within 24 hours from written or verbal request.

91.3.2 Records Retention: Copies of the records required by Subsection 91.3.1 (Record Keeping Requirements) of this Regulation shall be retained for at least one year.

91.3.3 Reports Required: In addition to complying with the record keeping requirements specified in Subsection 91.3.1, O WNERS of unpaved roads shall be subject to the requirements se t forth in Subsection 91.2.1.1, andAmended 7/01/04 91-5 CC Air Quality Regulations shall prepare and submit a written report to the C ONTROL O FFICER documenting compliance with the provisions of Subs ection 91.2.1.1. This report shall be prepared for the y ears 2001, 2002, and 2003 for O WNERS of unpaved roads in H YDROGRAPHIC B ASIN 212, for the years 2003, 2004,
and 2005 for O WNERS of unpaved roads in H YDROGRAPHIC B ASINS 216 and 217, and shall be submitted to the C ONTROL O FFICER no later than October first of each year and shall include:

91.3.3.1 The total miles of unpaved r oads under the jurisdiction of the O WNER and
the miles P AVED during the reporting period subj ect to the requirements of
Subsection 91.2.1.1. Miles of P AVING for roads subject to Subsections 91.2.1.1.1(a), 91.2.1.1.1( b), and 91.2.1.1.1(c) mu st be listed separately from paving of roads found to be subjec t Subsection 91.2.1.1.1 (d). Miles
of P AVING for roads subject to Subsecti ons 91.2.1.1.2(a), 91.2.1.1.2(b), and 91.2.1.1.2(c) must be listed separately from pav ing of roads found to be subject Subsection 91.2.1.1.2(d).

91.4 Test Methods

91.4.1 Stabilization Test Methods For Unp aved Roads And Unpaved Alleys:

91.4.1.1 O PACITY Test Method : The purpose of this test method is to estimate the percent O PACITY of F UGITIVE D UST plumes caused by vehicle movement on unpaved roads, unpaved alleys, and unpaved E ASEMENTS . This method can only be conducted by an individual w ho has received certification as a qualified Visible E MISSIONS Evaluator.

(a) Step 1: Stand at least 16.5 feet from the F UGITIVE D UST source in order to provide a clear view of the E MISSIONS with the sun oriented in the 140-degree sector to t he back. Following the above requirements, make O PACITY observations so that the line of vision is approximately perpendicular to the dust plume and wind direction. If multiple plumes ar e involved, do not include more than one plume in the line of sight at one time.

(b) Step 2: Record the F UGITIVE D UST source location, source type, method of control used, if any, obs erver's name, certification data and affiliation, and a sketch of the observer's position relative to the
F UGITIVE D UST source. Also, record the time, estimated distance to
the F UGITIVE D UST source location, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds), observer's position to the F UGITIVE D UST source, and color of the plum e and type of background on the
visible emission observation form both when O PACITY readings are initiated and completed.Amended 7/01/04 91-6 CC Air Quality Regulations (c) Step 3: Make O PACITY observations, to the extent possible, using a contrasting background that is perpen dicular to the line of vision.
Make O PACITY observations approximat ely 1 meter 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 cr eated 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 l ook continuously at the plume but, instead, observe the plume briefly at zero seconds and then again
at five seconds.

(d) Step 4: Record the O PACITY observations to the nearest 5% on an
observational record sheet. Each momentary observation recorded represents the average O PACITY of E MISSIONS for a 5-second period. While it is not r equired by the test method, EPA
recommends that the observer estima te the size of vehicles which generate dust plumes for which readings are taken (e.g. mid-size passenger car or heavy-duty tru ck) and the approximate speeds the vehicles are traveling when readings are taken.

(e) Step 5: Repeat Step 3 (Subsection 91.4.1. 1(c) of this Regulation) and Step 4 (Subsection 91.4.1.1 (d) of this Regulation) until you
have recorded a total of 12 consecutive O PACITY 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 12 consecutive readings must be ta ken within the same period of
observation but must not exceed 1 ho ur. Observations immediately preceding and following interrupted obs ervations can be considered
consecutive.

(f) Step 6: Average the 12 O PACITY readings together. If the average
O PACITY reading equals 20% or lower, t he source is in compliance
with the O PACITY standard described in Section 91 of these Regulations.

91.4.1.2 Silt Content Test Method: The purpose of this test method is to estimate
the silt content of the trafficked parts of unpaved roads, unpaved alleys, and unpaved E ASEMENTS . The higher the silt content, the greater the amount of fine dust particles that ar e entrained into the atmosphere when cars and trucks drive on unpaved r oads, unpaved alleys, and unpaved
E ASEMENTS

.

(a) Equipment:Amended 7/01/04 91-7 CC Air Quality Regulations (1) A set of sieves with the following openings: 4 millimeters (mm), 2 mm, 1 mm, 0.5 mm and 0.25 mm, a lid, and collector pan

(2) A small whiskbroom or paint brush with stiff bristles and dustpan 1 foot in width (the broom/brush should preferably have one, thin row of bristles no longer than 1.5 inches in length)

(3) A spatula without holes

(4) A small scale with half ounc e increments (e.g., postal/ package scale)

(5) A shallow, lightweight c ontainer (e.g., plastic storage container)

(6) A sturdy cardboard box or other rigid object with a level
surface

(7) A calculator

(8) Cloth gloves (optional for handling metal sieves on hot, sunny days)

(9) Sealable plastic bags (if sending samples to a laboratory)

(10) A pencil/pen and paper

(b) Step 1: Look for a routinely trav eled surface, as evidenced by tire tracks (only collect samples from su rfaces that are not damp due to precipitation or dew). This statem ent is not meant to be a standard in itself for dampness where wa tering is being used as a C ONTROL M EASURE . It is only intended to ensure th at surface testing is done in a representative m anner. Use caution when taking samples to ensure personal safety with respec t to passing vehicles. Gently press the edge of a dustpan (1 foot in width) into the surface four
times to mark an area that is 1 s quare foot. Collect a sample of loose surface material using a whiskbroom or brush and slowly sweep the material into the dust pan, minimizing escape of dust particles. Use a spatula to lift heavier elements such as gravel. Only collect dirt/gravel to an approx imate depth of 3/8 inch or 1 cm in the 1 square foot area. If you reach a hard, underlying subsurface that is greater than 3/ 8 inch in depth, do not continue collecting the sample by digging in to the hard surface. In other words, you are only collecting a su rface sample of loose material
down to 1 cm. In order to confirm that samples are collected to 1Amended 7/01/04 91-8 CC Air Quality Regulations cm in depth, a wooden dowel or other similar narrow object at least one foot in length can be laid hor izontally across the survey area while a metric 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 take it to an independent laboratory for silt content anal ysis. A reference to the procedure the laboratory is requir ed to follow is at the end of
this section.

(c) Step 2: Place a scale on a le vel surface. Place a lightweight
container on the scale. Zero the sca le with the weight of the empty
container on it. Transfer the entire sample collected in the dustpan to the container, minimizing esc ape of dust particles. Weigh the sample and record its weight.

(d) Step 3: Stack a set of sieves in order according to the size openings specified above, beginning wit h 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 br ush (on windy days, use the trunk or door of a car as a wind barricade). Cove r the stack with a lid. Lift up the sieve stack and shake it vigorous ly up, down and sideways for at
least 1 minute.

(f) Step 5: Remove the lid from t he stack and disassemble each sieve separately, beginning with the top si eve. As you remove each sieve, examine it to make sure t hat all of the material has been sifted to the finest sieve through whic h it can pass; e.g. material in each sieve (besides the top sieve that captures a range of larger elements) should look the same si ze. 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 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 collect or pan into the empty container originally used to collect and weigh the entire sample. Take care to minimize escape of dust particles. You do not need to do anything with material captured in the siev es; only the collector pan. Weigh
the container with the material from the collector pan and record its weight.Amended 7/01/04 91-9 CC Air Quality Regulations (h) Step 7: If the source is an unpav ed road, multiply the resulting weight by 0.38. If the source is an U NPAVED P ARKING L OT , multiply the resulting weight by 0.55. T he resulting number is the estimated silt loading. Then, divide by the total weight of the sample you recorded earlier in Step 2 (Subs ection 91.4.1.2(c) of this Regulation) and multiply by 100 to estimate the percent silt content.

(i) Step 8: Select another two r outinely traveled portions of the unpaved road or U NPAVED P ARKING L OT and repeat this test method. Once you have calculated the silt loading and percent silt content of the 3 samples collected, av erage your results together.

(j) Step 9: Examine Results. If t he average silt loading is less than 0.33 oz/ft2, the surface is stable. If the average silt loading is greater than or equal to 0.33 oz /ft2, then proceed to examine the average percent silt content. If the source is an unpaved road, unpaved alley, or unpaved E ASEMENT and the average percent silt content is 6% or less, the surface is stable. If your field test results
are within 2% of the standard (for example, 4%-8% silt content on an unpaved road, alley, or E ASEMENT ), it is recommended that you collect 3 additional samples from t he source according to Step 1 (Subsection 91.4.1.2(b) of this Regulation) and take them to an independent laboratory for silt content analysis.

(k) Independent Laboratory Analysis: You may choose to collect 3 samples from the source, according to Step 1 (Subsection 91.4.1.2(b) of this Regulation) , and send them to an independent laboratory for silt content anal ysis rather than conduct the sieve field procedure. If so, the te st 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", 1995), AP-42, Office of Air Quality Planning & Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina

History: Initial Adoption: June 22, 2000. Amended: November 16, 2000; December 21, 2000; June 3, 2003; July 1, 2004.

### SECTION 92 - FUGITIVE DUST FROM UNPAVED PARKING LOTS; MATERIAL HANDLING AND STORAGE YARDS; AND VEHICLE AND EQUIPMENT STORAGE YARDS

92.1 F UGITIVE D UST From U NPAVED P ARKING L OTS

92.1.1 Purpose: To limit the E MISSION of P ARTICULATE M ATTER into the A MBIENT A IR from U NPAVED P ARKING L OTS; material handling and storage yards; and vehicle and equipment storage yards.

92.1.2 Applicability: The provisions of this Regulation shall apply to U NPAVED P ARKING L OTS; material handling and storage yards; and vehicle and equipment storage yards which are located in the PM10 N ON -A TTAINMENT A REA (H YDROGRAPHIC B ASIN 212), in the Apex Valley (H YDROGRAPHIC B ASINS 216 and 217), and which are not regulat ed by Section 94 of these Regulations. For the purposes of this Regulation, U NPAVED P ARKING L OT means any area of 5,000 square f eet or larger that is not P AVED and that is used for parking, maneuver ing, or storing M OTOR V EHICLES, equipment, or
materials. U NPAVED P ARKING L OT includes automobile impound yards, wrecking yards, automobile dismantli ng yards, salvage yards, material handling yards, and storage yards. For the purposes of this Regulation, maneuvering shall not include military maneuvers or exercises conducted on federal facilities. Nothing in S ubsections 92.1 through 92.5 shall be construed to prevent enforcement of Section 40 (Prohibition of N UISANCE Conditions) of these Regu lations. The provisions of this Regulation shall not apply to S TATIONARY S OURCES as defined in Section 0, except that these control measures shall be considered as part of a BACT determination.

92.2 Requirements:

92.2.1 U NPAVED P ARKING LOTS, Including Material Hand ling and Storage Yards and Equipment and Vehicle Storage Yards: The O WNER A ND /O R O PERATOR of an existing U NPAVED P ARKING L OT in H YDROGRAPHIC B ASINS 212, 216 or 217 shall implement one or more of the C ONTROL M EASURES described in Subsection 92.2.1.2 as necessary to comply with thestabilization standards of Subsection 92.3.1. For U NPAVED P ARKING L OTS that are utilized intermitt ently, for a period of 35 days or less during the calendar year, the O WNER AND / OR O PERATOR shall implement one or more
of the C ONTROL M EASURES described in Subsection 92.2.1.2 during the period that the U NPAVED P ARKING L OT is utilized for vehicle parking. For the purpose of this Regulation, the C ONTROL M EASURES set forth in Subsection
92.2.1.2 shall be considered e ffectively implemented when the U NPAVED P ARKING L OT meets the stabilization standar ds described in Subsection
92.3.1.

92.2.1.1 New U NPAVED P ARKING L OTS: No U NPAVED P ARKING L OTS may be
constructed in H YDROGRAPHIC B ASINS 212, 216, or 217 as of January 1, 2003 except as provided in this Subsection:

(a) Exemptions: The requirements of this Subsection shall not be applicable to parking lots for rural public facilities such as trailheads, campgrounds, and similar facilities where paved parking
lots would conflict with the rural nat ure of these fac ilities provided
such U NPAVED P ARKING L OT is stabilized in accordance with Subsection 92.2.1.2(b) through (d ) prior to being used. For the purposes of this Subsection, a rura l public facility shall not include any facility located within the BLM Disposal Boundary.

(b) Material Storage and Handling Areas: If an area is used for storing and handling of landscaping, aggregate, and other similar bulk materials, the O WNER AND / OR O PERATOR shall implement one or
more of the C ONTROL M EASURES described in Subsection 92.2.1.2 subject to the approval of the C ONTROL O FFICER, provided however, all access, parking a nd loading areas used by on-road vehicles shall be paved.

(c) Tracked, Non Rubber Tired Vehicle or Heavy Equipment Storage Areas: If an area is used primarily for storage of nonrubber tired vehicles or equipm ent that the CONTROL OFFICER has determined to be of such weight as to damage or destroy pavement (e.g. Heavy Equipment), the O WNER AND / OR O PERATOR shall implement one or more of the C ONTROL M EASURES described in Subsection 92.2.1.2 subject to the approval of the C ONTROL O FFICER, provided however, all access, park ing and loading areas primarily used by rubber tired vehicles shall be paved.92.2.1.2 C ONTROL M EASURES:

(a) P AVE, or

(b) Apply D UST P ALLIATIVES, in compliance with the stabilization standards set forth in Subsection 92.3.1, or

(c) Apply D UST P ALLIATIVES to vehicle travel lanes within the parking lot in compliance with the stabilizat ion standards set forth in Subsection 92.3.1 and uniformly apply and maintain surface gravel to a depth of two (2) inches on the vehicle parking areas, or

(d) Apply and maintain an alternative C ONTROL M EASURE approved in writing by the C ONTROL O FFICER and the Region IX Administrator of the Environmental Protection Agency (EPA).

92.3 Performance Standards

92.3.1. Stabilization Standards: For the purpose of this Regulation, C ONTROL M EASURES shall be considered effectively implemented when stabilization
observations for F UGITIVE D UST E MISSIONS from U NPAVED P ARKING L OTS do
not exceed 20% O PACITY and do not equal or exceed 0.33 oz/ft 2 silt loading, or do not exc eed 8% silt content, as determined by Subsection 92.5 (Test Methods) except for areas on which gravel has been applied under the provisions of Subsection 92.2.1.2(c).

92.3.2 Prohibition of Dust Over Property Line: Where Best Available Control Measures provided for in this R egulation have not been applied, no O WNER AND / OR O PERATOR of an U NPAVED P ARKING L OT shall permit a dust plume from that U NPAVED P ARKING L OT to cross a property line.

92.4 Record Keeping Requirements

92.4.1 Record Keeping: Any P ERSON subject to the requirements of this Regulation shall compile and retain records that provide evidence of
C ONTROL M EASURE application, by indicating type of treatment or C ONTROL M EASURE, extent of coverage, and dat e applied. The records and supporting documentation shall be made available to the C ONTROL O FFICER within 24 hours of a written request.

92.4.2 Records Retention: Copies of the records requi red by Subsection 92.4.1 shall be retained for at least one year. Facilities subject to Section 19 (P ART 70 O PERATING P ERMITS) shall maintain records in accordance with Part 70 record keeping requirements.92.5 Test Methods

92.5.1 Stabilization Test Methods For U NPAVED P ARKING L OTS:

92.5.1.1 O PACITY Test Method: The purpose of this test method is to estimate the percent O PACITY of F UGITIVE D UST plumes caused by vehicle movement on
U NPAVED P ARKING L OTS. This method can only be conducted by an
individual who has received certif ication as a qual ified Visible E MISSIONS Evaluator.

(a) Step 1: Stand at leas t 16.5 feet from the F UGITIVE D UST source in order to provide a clear view of the E MISSIONS with the sun oriented in the 140-degree sector to t he back. Following the above requirements, make O PACITY 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 F UGITIVE D UST source location, source type, method of control used, if any, ev aluator’s name, ce rtification data and affiliation, and a sketch of the obs erver's position relative to the
F UGITIVE D UST source. Also, record the time, estimated distance to
the F UGITIVE D UST source location, approxim ate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds), and color of the plume and type of background
on the visible E MISSION observation form both when O PACITY readings are initiated and completed.

(c) Step 3: Make O PACITY observations, to the extent possible, using a contrasting background that is per pendicular to the line of vision.
Make O PACITY observations approximately 1 meter 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 O PACITY observations to the nearest 5% on an
observational record sheet. Each momentary observation recorded represents the average opacity of E MISSIONS 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 generate dust plumes for which readings are ta ken (e.g., mid-size passenger car or heavy-duty truck) and the appr oximate speeds the vehicles are traveling when readings are taken.

(e) Step 5: Repeat Step 3 and Step 4 until you have recorded a total of
12 consecutive O PACITY 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. T he 12 consecutive readings must be taken within the same period of observation but must not exceed
1 hour. Observations immediat ely preceding and following interrupted observations can be considered consecutive.

(f) Step 6: Average the 12 O PACITY readings together. If the average
O PACITY reading equals 20% or lower, the source is in compliance
with the O PACITY standard described in this Regulation.

92.5.1.2 Silt Content Test Me thod: The purpose of this test method is to estimate
the silt content of t he trafficked parts of U NPAVED P ARKING L OTS. The higher the silt content, the gr eater the amount of fine dust particles that are entrained into the atmosphere when cars and trucks drive on U NPAVED P ARKING L OTS.

(a) Equipment:

(1) A set of sieves with the fo llowing openings: 4 millimeters (mm), 2 mm, 1 mm, 0.5 mm and 0.25 mm, a lid, and collector pan

(2) A small whiskbroom or paint brush with stiff bristles and dustpan 1 foot in width (the broom/brush should preferably have one, thin row of bristles no longer than 1.5 inches in length).

(3) A spatula without holes

(4) A small scale with half ounce increments (e.g. postal/ package scale)

(5) A shallow, lightweight c ontainer (e.g. plastic storage container)

(6) A sturdy cardboard box or other rigid object with a level surface

(7) A basic calculator(8) Cloth gloves (optional for handling metal sieves on hot, sunny days)

(9) Sealable plastic bags (if sending samples to a laboratory)

(10) A pencil/pen and paper

(b) Step 1: Look for a routinely travel ed surface, as evidenced by tire tracks (only collect samples from su rfaces that are not damp due to precipitation or dew). Th is statement is not meant to be a standard in itself for dampness where wate ring is being used as a Control Measure. It is only intended to ensur e that surface testing is done in a representative manner. Use c aution when taking samples to ensure personal safety with respect to passing vehicles. Gently press the edge of a dustpan (1 foot in width) into the surface four
times to mark an area that is 1 square foot. Collect a sample of loose surface material using a wh iskbroom or brush and slowly sweep the material into the dust pan, minimizing escape of dust particles. Use a spatula to lift heavier elements such as gravel. Only collect dirt/gravel to an approx imate depth of 3/8 inch or 1 cm in the 1 square foot area. If you reach a hard, underlying subsurface that is greater 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 su rface sample of loose material
down to 1 cm. In order to confirm that samples are collected to 1 cm in depth, a wooden dowel or other similar narrow object at least one foot in length can be laid hori zontally across the survey area
while a metric ruler is hel d perpendicular to the dowel.

**** At this point, you can choose to place the sample collected into a plastic bag or container and take it to an independent laboratory for silt content analysis. A reference to the procedure the laboratory is required to follow is at the end of
this section.

(c) Step 2: Place a sca le on a level surface. Place a lightweight
container on the scale. Zero the sca le with the weight of the empty
container on it. Transfer the entir e sample collected in the dustpan to the container, minimizing escape of dust particles. Weigh the sample and record its weight.

(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 co llector 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). Cove r the stack with a lid. Lift up the sieve stack and shake it vigorously up, down and sideways for at
least 1 minute.

(f) Step 5: Remove the lid from the stack and disassemble each sieve separately, beginning wit h the top sieve. As you remove each sieve, examine it to make sure t hat all of the material has been sifted to the finest sieve through whic h it can pass; e.g., material in each sieve (besides the top sieve th at captures a range of larger elements) should look the same size . If this is not the case, restack the sieves and collector pan, cover the stack with the lid, and shake it again for at least 1 minute (you only need to reassemble the sieve(s) that contain material, which requires further sifting).

(g) Step 6: After disassembling the si eves and collector pan, slowly sweep the material from the collect or pan into the empty container originally used to coll ect and weigh the entire sample. Take care to minimize escape of dust particles . You do not need to do anything with material captured in the siev es; only the collector pan. Weigh
the container with the material from the collector pan and record its weight.

(h) Step 7: If the source is an unp aved road, multiply the resulting weight by 0.38. If the source is an U NPAVED P ARKING L OT, multiply the resulting weight by 0.55. The resulting number is the estimated silt loading. Then, divide by the total weight of the sample you recorded earlier in Step 2 and multiply by 100 to estimate the percent silt content.

(i) Step 8: Select another two rout inely traveled portions of the unpaved road or U NPAVED P ARKING L OT and repeat this test method. Once you have calculated the silt l oading and percent s ilt content of the 3 samples collected, av erage your results together.

(j) Step 9: Examine Results. If th e average silt loading is less than
0.33 oz/ft 2 , the surface is stable. If the av erage silt loading is greater than or equal to 0.33 oz/ft 2 , then proceed to examine the average percent silt content. If the source is an U NPAVED P ARKING L OT and the average percent silt content is 8% or less, the surface is stable. If your field test results are within 2% of the standar d (for example,
6%-10% silt content on an U NPAVED P ARKING L OT), it is recommended that you collect 3 additi onal samples from the source according to Step 1 and take them to an independent laboratory for silt content analysis.Amended 03/17/09
CC Air Quality Regulations 92-8 (k) Independent Laboratory Analysis: You may choose to collect 3 samples from the source, accord ing to Step 1 and send them to an independent laboratory fo r silt content analysi s rather than conduct the sieve field procedure. If so, the test method t he laboratory is required to use is: "Procedures For Laboratory Analysis Of Surface/Bulk Loading Samples", (Fifth Ed ition, Volume I, Appendix C.2.3 "Silt Analysis", 1995), AP-42, Office of Air Quality Planning & Standards , U.S. Environmental Protection Agency, Resear ch Triangle Park, North Carolina

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Initial adoption: June 22, 2000 Amended: November 16, 2000; November 20, 2001; December 17, 2002; June 3, 2003; July 1, 2004; December 30, 2008, March 17. 2009Amended 07/01/04 93-1 CC Air Quality Regulations 

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 93 - FUGITIVE DUST FROM PAVED ROADS AND STREET
SWEEPING EQUIPMENT

93.1 F UGITIVE D UST From P AVED Roads and Street Sweeping Equipment

93.1.1 Purpose: To limit the E MISSION of P ARTICULATE M ATTER into the A MBIENT A IR from P AVED roads and P AVED alleys.

93.1.2 Applicability: The provisions of this Regulation shall apply to P AVED roads
and P AVED alleys which are located in the PM 10 N ONATTAINMENT A REA (H YDROGRAPHIC B ASIN 212) and the Apex Valley (H YDROGRAPHIC B ASINS 216 and 217). Nothing in Subsections 93.1 thr ough 93.4 of these Regulations shall be construed to pr event enforcement of Section 40 (Prohibition of N UISANCE Conditions) of these Regulat ions. 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
S TATIONARY S OURCES 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 P AVED Road Development Standards: O WNERS A ND /O R O PERATORS having jurisdiction over, or owner ship of, public or private P AVED roads shall construct, or require to be cons tructed, all new or modified P AVED roads in
conformance with the road shoulder wid th and drivable median stabilization requirements as specified below:

93.2.1.1 New C ONSTRUCTION , M ODIFICATION , or approvals of P AVED roads shall be
constructed with a P AVED travel section, and four (4) feet of P AVED or stabilized shoulder on each side of the P AVED travel section. The four (4)
feet of shoulder shall be P AVED or stabilized with a dust pa lliative or gravel to prevent the trackout of mud and dirt to the P AVED section. Where shoulder stabilization is used in place of P AVING , the stabilized shoulders must be maintained in compliance with the st abilization standards set forth in Subsection 93.2.1.5 of this Regulation.Amended 07/01/04 93-2 CC Air Quality Regulations 93.2.1.2 New C ONSTRUCTION , M ODIFICATION , or approvals of P AVED 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 P AVED travel section, and eight (8) feet of stabilized shoulder adjacent to the P AVED travel section where right-of-way is
available for the stabilized shoulder. W here the right-of-way is not available for the full eight (8) feet of stabilized shoulder, curbing shall be installed adjacent to the shoulder. Stabiliz ed shoulders must be maintained in compliance with the stabilizat ion standards set forth in Subsection 93.2.1.5 of this regulation.

93.2.1.3 Where curbing is construct ed adjacent to and contiguous with the travel lane
or P AVED 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 P AVED 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 ex tended 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 P AVING across the median, or

(c) Apply D UST P ALLIATIVES , 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 t he trackout of mud and dirt to the
P AVED 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 P AVED roads shall be considered to have
C ONTROL M EASURES effectively implemented when F UGITIVE D UST E MISSIONS do not exceed 20% O PACITY and silt loading does not equal or
exceed 0.33 oz/ft 2 silt loading, as determined by Subsection 93.4.1 (Test
Methods-Stabilized P AVED Road Shoulders and Medians) of these regulations, except for unpaved shoulders on which gravel has been applied under the provisions of Subsec tion 93.2.1.1. Failure to comply
with either the 20% O PACITY limit or silt loading lim it indicates that the shoulder is not stable. Where gravel is utilized to prevent trackout from unpaved shoulders and medians of P AVED roads, surface gravel shall beAmended 07/01/04 93-3 CC Air Quality Regulations uniformly applied and maintained to a dept h of two (2) inches to comply
with the 20% O PACITY 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 Regul ations. 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%
O PACITY 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 P AVED Roads: O WNERS A ND /O R O PERATORS having jurisdiction over, or ownership of, existing public or private P AVED roads which do not confo rm with the requirements of Subsections 93.2.1.1 through 93.2.1.5 of this Regulation, shall reconstruct, or require to be reconstruct ed, the existing nonconforming P AVED road within 365 calendar days following the initial disco very that the road fails to meet the requirements set forth in Subsecti ons 93.2.1.1 through 93.2.1.5 of these Regulations. The C ONTROL O FFICER may require short-term stabilization of any P AVED road subject to the requirem ents set forth in Subsections 93.2.1.1 through 93.2.1. of these Regulations. Other stabilization methods of equal or greater effectiveness ma y be implemented with the written approval of the C ONTROL O FFICER , providing emissions do not exceed 20% opacity, unless the US EPA Region 9 objects to such approval within ninety (90) days from t he date notification of t he proposed alternative
stabilization method is sent to the US EPA Region 9 by the C ONTROL O FFICER . If the US EPA Region 9 does no t object within the ninety (90) days from the date notification, t he 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 wr itten approval from both the C ONTROL O FFICER and the US EPA Region 9 prior to the implement ation of the proposed alternative stabilization method.

93.2.2 Street Sweeper Requirements: After January 1, 2001, any O WNER A ND /O R O PERATOR which utilizes street sw eeping equipment or street sweeping services for street sweeping on P AVED roads or P AVED parking lots, shall acquire or contract to acquire only certified PM 10 -efficient street sweeping equipment.

93.2.2.1 PM 10 -Efficient Street Sweepers: For the purposes of Subsection 93.2.2 of this Regulation, a PM 10 -efficient street sweeper is a street sweeper which has been certified by the South C oast Air Quality Management District (California) (SCAQMD) to comp ly with the District’s performanceAmended 07/01/04 93-4 CC Air Quality Regulations standards set forth in SCAQMD Rule 1186 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 P AVED road or
P AVED parking lot is prohibit ed 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 wate r is expressly prohibited.

93.2.4 Crack Seal Equipment Requirements: After December 31, 2005 any
O WNER A ND /O R O PERATOR 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 P ERSON subject to the r equirements of this Regulation shall compile and retain re cords that provide evidence of
C ONTROL M EASURE application, by indicati ng type of treatment or C ONTROL M EASURE , extent of coverage, and dat e applied. The records and supporting documentation shall be made available to the C ONTROL O FFICER within 24 hours of a written request.

93.3.2 Reporting Requirements: O WNERS A ND /O R O PERATORS having jurisdiction
over P AVED roads shall prepare and submit a written report to the Clark County Department of Air Qua lity and Environmental Management documenting compliance with t he provisions of this Regulation. This report shall be prepared annually on a calendar y ear basis. The reports shall be transmitted no later than 90 days after t he end of the calendar year and shall
include:

93.3.2.1 The total miles of P AVED roads under the jurisdiction of the O WNER A ND /O R O PERATOR and the miles of P AVED roads constructed or modified during the reporting period.

93.3.2.2 For newly constructed or modifi ed 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 C ONTROL O FFICER for compliance with EPA requirements for enf orcement 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.Amended 07/01/04 93-5 CC Air Quality Regulations 93.4 Test Methods

93.4.1 Stabilization Test Methods For U NPAVED Shoulders And Medians of

P AVED Roads:

93.4.1.1 O PACITY Test Method: The purpose of this test method is to estimate the percent O PACITY of F UGITIVE D UST plumes caused by vehicle movement on unpaved road shoulders and medians of P AVED 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 F UGITIVE D UST source in order to provide a clear view of the E MISSIONS with the sun oriented in the 140-degree sector to t he back. Following the above requirements, make O PACITY observations so that the line of vision is approximately perpendicular to the dust plume and wind direction. If multiple plumes ar e involved, do not include more than one plume in the line of sight at one time.

(b) Step 2: Record the F UGITIVE D UST source location, source type, method of control used, if any, obs erver's name, certification data and affiliation, and a sketch of the observer's position relative to the
F UGITIVE D UST source. Also, record the time, estimated distance to
the F UGITIVE D UST source location, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds), observer's position to the F UGITIVE D UST source, and color of the plum e and type of background on the
visible E MISSION observation form both when O PACITY readings are initiated and completed.

(c) Step 3: Make O PACITY observations, to the extent possible, using a contrasting background t hat is perpendicular to the line of vision.
Make O PACITY 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.Amended 07/01/04 93-6 CC Air Quality Regulations (d) Step 4: Record the O PACITY observations to the nearest 5% on an
observational record sheet. Each momentary observation recorded represents the average O PACITY of E MISSIONS for a 5-second period. While it is not requi red by the test method, EPA
recommends that the observer estima te the size of vehicles which generate dust plumes for which readings are taken (e.g. mid-size passenger car or heavy-duty tru ck) 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 O PACITY 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 12 consecutive readings must be ta ken within the same period of
observation but must not exceed 1 ho ur. Observations immediately preceding and following interrupted obs ervations can be considered
consecutive.

(f) Step 6: Average the 12 O PACITY readings together. If the average
O PACITY reading equals 20% or lower, t he source is in compliance
with the O PACITY standard described in Section 93 of these Regulations.

93.4.1.2 Silt Loading Test Method: The pur pose of this test method is to estimate the silt loading of the representative surfaces of dust palliative and
untreated shoulders and medians of P AVED roads. The higher the silt loading, the greater the amount of fine dust particl es that are entrained into the atmosphere when vehicles drive on unpaved shoulders and
medians of P AVED 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 millimet er (ASTM No. 35) and 0.25 millimeter (ASTM No. 60), (o r 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.)Amended 07/01/04 93-7 CC Air Quality Regulations (3) Equipment necessary to comple te 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 C ONTROL M EASURE . It is only intended to ensure that surface testing is done in a repr esentative manner.] Gently press the edge of a dustpan into the surfac e 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 reach a hard, underlyi ng 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 surv ey 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 contai ner and return to the DAQM facilities to complete the remain ing 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 le vel surface. Place a lightweight
container on the scale. Zero the sca le 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 co llector pan underneath the bottom (0.25 mm) sieve.Amended 07/01/04 93-8 CC Air Quality Regulations (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 wi ndy days, use the trunk or door of a car as a wind barricade). Cove r the stack with a lid. Lift up the sieve stack and shake it vigorously up, down and sideways or place on a powered shaker for at least 1 minute.

(f) Step 5: Remove the lid from t he stack and disassemble each sieve separately, beginning with the top si eve. As you remove each sieve, examine it to make sure that all of the material has been sifted to the finest sieve through whic h 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, cove r the stack with the lid, and shake it again for at least 1 minute (you only need to reassemble the sieve(s) that contain material, which requires further sifting).

(g) Step 6: After disassembling t he sieves and collector pan, slowly sweep the material from the collect or 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 mate rial from the collector pan and record its weight.

(h) Step 7: Multiply the resulting weight by 0.38. T he resulting number is the estimated silt loading.

(i) Step 8: Select another two repr esentative surfaces of the unpaved
road shoulder or medi an 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 t he average silt loading is less than 0.33 oz/ft2, the surface is stable.Amended 07/01/04 93-9 CC Air Quality Regulations (k) Independent Laboratory Analysis: You may choose to collect 3 samples from the source, accordi ng 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", 1995), 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 P AVED 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 gravel, the greater the amount of fi ne 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, incl uding 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, shallo w container, sealable plastic bags, ruler, and wood dowel or similar straight edge device.

(b) Step 1: Look for a section wit hin four (4) feet of the edge of pavement that has an existing gr avel surface that appears representative of the gr avel shoulder. Using the spatula, remove the gravel from a three (3) to fi ve (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 dept h 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).Amended 07/01/04 93-10 CC Air Quality Regulations (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 in to 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 uns table. 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 Regulation), are sent to a laboratory for silt cont ent 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; June 3, 2003; July 1, 2004.Amended 07/01/04 94

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CC Air Quality Regulation 

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 94 – PERMITTING AND DUST CONTROL FOR
CONSTRUCTION ACTIVITIES

94.1 Purpose.

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

(a) To limit the E MISSION of P ARTICULATE M ATTER into the A MBIENT A IR by preventing, controlling, and mitigating F UGITIVE D UST from
C ONSTRUCTION A CTIVITIES ; and

(b) To establish F UGITIVE D UST control standards for Clark County, define reasonable precautions for the prevention and control of
F UGITIVE D UST from all C ONSTRUCTION A CTIVITIES and to establish
thresholds for enforcement of these standards.

94.2 Applicability.

94.2.1 This section of the Air Q uality Regulations applies to all C ONSTRUCTION A CTIVITIES that disturb or have t he potential to disturb so ils and that emit or have the potential to emit particu late matter into the atmosphere. This section covers the requirements for a Dust Control Permit and a Dust Mitigation Plan as well as the application procedures.

94.2.2 For the purpose of this Regulation, C ONSTRUCTION A CTIVITIES include, but are not limited to, the following practices:

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

(b) soil and rock excavation or removal;
(c) soil or rock hauling;
(d) soil or rock crushing or screening;
(e) filling, compacting, stockpiling and grading;
(f) explosive blasting;
(g) demolition;

(h) implosion;Amended 07/01/04 94

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CC Air Quality Regulation (i) handling of building materials c apable of entrainment in air (e.g., sand, cement powder);
(j) abrasive blasting;
(k) concrete, stone, and tile cutting;
(l) mechanized trenching;
(m) initial landscaping;

(n) operation of motorized machinery;
(o) driving vehicles on a C ONSTRUCTION site; and
(p) establishing and/or using stagi ng areas, parking areas, material storage areas, or access routes to or from a C ONSTRUCTION site.

94.2.3 This regulation shall not apply to oper ation of emission units or activities permitted under any other section of t he Air Quality Regulations, with the specific exception that any C ONSTRUCTION A CTIVITIES that occur at such
facilities and the land area that Vari ous Location Operating Permits are located on shall be subject to this regul ation. In all permits issued under the Air Quality Regulations the provisions of this section shall be considered as part of a BACT determination.

94.2.4 This regulation shall not apply to N ORMAL F ARM C ULTURAL P RACTICES and existing equestrian facilities that are in compliance with zoning requirements.

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

94.3 Definitions.

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

94.3.2 Best Available Control Measures (BACM): means those control measures
that are the best ava ilable with current technology for reducing or eliminating the release of particula te matter into the atmosphere from
construction activities. These include but are not limited to all measures
listed in the Construction Activiti es Dust Control Handbook as Best Management Practices, any control measure required by a Corrective Action Order, and any other control m easures required by the Control
Officer.

94.3.3 Construction Activities Dust Control Handbook: means the reference manual used to complete a Dust C ontrol Permit and a Dust Mitigation Plan, and contains a listing of the Be st Management Practi ces, copies ofAmended 07/01/04 94

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CC Air Quality Regulation which are on file in the office of t he Clark County Department of Air Quality and Environmental Management.

94.3.4 Department or DAQEM: means t he Clark County Nev ada, Department of Air Quality and Environmental Management.

94.3.5 Dust Mitigation Plan: means an atta chment to a Dust Control Permit that
lists all the Construction Activiti es that shall occur and the Best Management Practices that shall be us ed, to mitigate dust at a permitted site. Upon approval of the applicati on the Dust Mitigation Plan becomes an enforceable part of the Dust Control Permit.

94.3.6 Gravel: means a mineral or rock aggregate ranging in size from 0.25 inch to 3 inch on its longest dimension that is either natural or the product of a mineral processing operat ion and contains no more than 6% silt, by weight.

94.4 Permits Required, Exemptions from Required Permit and Responsibility when Exempt.

94.4.1 Prior to engaging in any C ONSTRUCTION A CTIVITIES , the property O WNER

AND / OR O PERATOR

, who is the owners designee shall apply for and obtain a
D UST C ONTROL P ERMIT from the Clark County D epartment of Air Quality and Environmental Management.

94.4.2 A D UST C ONTROL P ERMIT shall not be required for soil disturbing or
C ONSTRUCTION A CTIVITIES less than 0.25 acre in overall area, mechanized trenching less than one hundred (100) feet in length, or for mechanical demolition of any structure smalle r than one thousand (1,000) square feet.

94.4.3 The following activities shall not require a D UST C ONTROL P ERMIT :

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

(b) E MERGENCY maintenance activities conducted by governmentagencies 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 co mpliance with weed abatement or vacant land dust control regulati ons, wherein no grade elevation changes, no soil or rock is imported or exported, or no cut and fill operations occur. Importing of gr avel or rock for use as a dust palliative is allowed under this subsection.Amended 07/01/04 94

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CC Air Quality Regulation 94.5 Permit Applications.

94.5.1 Application for iss uance or renewal of a D UST C ONTROL P ERMIT shall be made on a form and in a manner prescribed by the C ONTROL O FFICER

.

94.5.2 Each application shall be accompanied by payment of a fee in accordance
with Section 18.

94.5.3 Public agency maintenance proj ects, performed by that agency’s employees, may be eligible for a waiv er of permit fees upon approval of
the C ONTROL O FFICER

.

94.5.4 All applications for a D UST C ONTROL P ERMIT shall include a Dust Mitigation Plan with appropriate C ONTROL M EASURES from the Construction Activities Dust Control Handbook for every C ONSTRUCTION A CTIVITY to be conducted.
Other C ONTROL M EASURES that are at least as effective as C ONTROL M EASURES contained in the Construction Ac tivities Dust Control Handbook may be implemented provided they meet t he criteria outlined in Section 2 of the introduction to the Best Management Practices section of the handbook and with the approval of the C ONTROL O FFICER

.

94.5.5 An application for a D UST C ONTROL P ERMIT for a C ONSTRUCTION project ten (10) acres or more in area, for trenc hing 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 sha ll be in the form of a written report and shall, at minimum, detail the project description, the area and schedule of the phases of land disturbanc e, the Control M easures and the Contingency Measures to be used for all C ONSTRUCTION A CTIVITIES . This supplement shall become part of the D UST C ONTROL P ERMIT as an enforceable permit condition.

94.5.6 An application for a D UST C ONTROL P ERMIT that includes demolition of a structure One thousand (1,000) square feet or greater in area or explosive blasting of rock or soil, shall incl ude the appropriate supplemental form that is provided in Attachment 1 of t he Construction Activities Dust Control Handbook for each activity. These fo rms shall become part of the D UST C ONTROL P ERMIT as an enforceable permit condition.

94.5.7 An application for a Dust Control Pe rmit for a Construction project of fifty (50) acres or more in area shall c ontain an actual soils analysis of the entire project. The soils analysis s hall use the appropriate ASTM test method to determine soil types. If the so ils analysis identifies two or more soil types, the area of each soil type shall be shown on a map of the project. A copy of the m ap shall be included in the application for the Dust Control Permit. The soils analysis sha ll utilize at least one (1) sample taken from the top one (1) foot of so il for each soil type identified. TheAmended 07/01/04 94

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CC Air Quality Regulation soils analysis shall use the appropriate ASTM test to determine the silt content and optimum moisture of the sample(s). The application for the
Dust Control Permit shall contain the particulate emission potential (PEP) for each soil type identified calculated fr om the results of the soils analysis and the Silt Content vs. Optimum Moistu re Content Chart (figure 2) in the
Construction Activities Dust Contro l Handbook. The choice of Best Management Practices for the Dust Mi tigation 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 owner’s designee as listed on the “Owner’s Designee for Dust Control Permit for
Construction Activities” form.

94.5.9 Upon approval, the completed D UST C ONTROL P ERMIT application, Dust Mitigation Plan and related maps and forms shall become a part of the
D UST C ONTROL P ERMIT

.

94.6 D UST C ONTROL P ERMIT Requirements.

94.6.1 Issuance or renewal of each D UST C ONTROL P ERMIT requires payment of a
D UST C ONTROL P ERMIT fee in accordance with Section 18.

94.6.2 A D UST C ONTROL P ERMIT is to be granted subject to the right of inspection of such affected land without prior notice by the C ONTROL O FFICER

.

94.6.3 The permit shall be granted subjec t to, but not limited to, the following
conditions:

(a) The permittee is responsible for ensuring that all P ERSONS abide by the conditions of the permit and these regulations; (b) The permittee is responsible for supplying complete copies of the
D UST C ONTROL P ERMIT 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 permitt ee and approved by the Control
Officer.

94.6.4 The signature of the O WNER AND / OR O PERATOR who is the O WNER ’s designee on the D UST C ONTROL P ERMIT shall constitute agreement to accept responsibility for meeting t he conditions of the permit and for ensuring that Best Available C ontrol Measures are implemented throughout the project site.Amended 07/01/04 94

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CC Air Quality Regulation 94.6.5 Requirements and conditions of the D UST C ONTROL P ERMIT shall be made a part of the specifications of the C ONSTRUCTION contract between the owner and prime contractor and contra cts between the prime contractor and applicable subcontractors. Said c ontracts must provide a monetary allowance for any dust control options specified in the Dust Mitigation
Plan. The amount of the allowance may be specified either by the OWNER

, competitively bid, or negotiat ed by and amongst the parties.

94.6.6 Projects less than 0. 25 acres in area under common control that are either contiguous or separated onl y by a public or private roadway and that cumulatively equal or exceed 0.25 acre in area are also required to obtain
a D UST C ONTROL P ERMIT . These projects are required to meet all D UST C ONTROL P ERMIT requirements based on cumulati ve area. All contiguous projects under common control may be required to obtain and operate under a single permit, at the discretion of the C ONTROL O FFICER

.

94.6.7 A D UST C ONTROL P ERMIT shall be required for routine, public agency road maintenance, road shoulder main tenance, flood control facility maintenance, and maintenance activities that disturb soil and are capable of causing F UGITIVE D UST . Such Dust Control Permits may be issued based upon written monthly, quarterl y, semi-annual, or annual schedules
of work for routine maintenance activi ties. Such permits shall include a Dust Mitigation Plan listing all activiti es to be performed that may disturb the soil, and shall include B EST M ANAGEMENT P RACTICES for all these activities. Public agencies shall quant ify miles and acres of maintenance activities to be performed under the conditions of the Dust Control Permit.

94.6.8 The permit holder shall notify the D EPARTMENT OF A IR Q UALITY AND E NVIRONMENTAL M ANAGEMENT in writing within ten (10) days following the cessation of active operati ons on all or part of a C ONSTRUCTION site when cessation will extend thirty (30) days or longer.

94.6.9 A Dust Control Permit is valid fo r one calendar year from the date of
issuance.

94.6.10 A complete copy of the Dust C ontrol Permit shall be kept on the project
site at all times that Construction Ac tivities occur and made available upon request of the Control Officer.

94.7 General and Administrative Standards.

94.7.1 Anyone engaging in C ONSTRUCTION A CTIVITIES 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 se t forth in the permit shall be in
violation of this section of the Air Quality Regulations.Amended 07/01/04 94

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CC Air Quality Regulation 94.7.2 The Construction Activities Dust Control Handbook, excluding all attachments, is adopted and made a part of this section of the Air Quality Regulation, as if it were fully set forth herein, except as amended by this Regulation.

94.7.3 D UST C ONTROL P ERMIT : Restrictions on i ssuance; Suspension; Revocation; Requirement for Bond; Right to Appeal:

94.7.3.1 Permits shall not be issued to an applicant having outstanding unpaid DAQEM fees and/or penalties, not under appeal.

94.7.3.2 If an O WNER AND / OR O PERATOR has three (3) Notices of Violation that have been adjudicated by the H EARING O FFICER at the same project for which the Dust Control Permit was issued, the C ONTROL O FFICER or his/her representative may suspend or revo ke the permit. Upon suspension or revocation of a permit, all activities that are authorized by that permit shall
cease. The C ONTROL O FFICER shall post notices of suspension or revocation conspicuously on the property involved. The not ice shall state
the reasons and indicate the dat e and time of suspension and/or revocation. The suspension or revocati on shall remain in effect until such time as rescinded by the C ONTROL O FFICER . If the permit has been suspended, the permit may be reinstated. If revoked, a new permit will not be issued until an application is made and fees paid in accordance with Section 18 of these regulations. T he permittee shall have a right to hearing before the H EARING O FFICER within five (5) working days from date of issuance of the suspens ion or revocation. Alternatively, in such instances, the C ONTROL O FFICER may require compliance with Subsection 94.7.6 for all operators of earth mo ving or soil disturbing equipment.

94.7.3.3 If during any 180 day period an O WNER AND / OR O PERATOR has three (3)
N OTICES OF V IOLATION that have been adjudi cated by the H EARING O FFICER for the same construction site, the C ONTROL O FFICER shall require the posting of a surety bond to ensure im plementation of the mitigation measures set forth in the approved Du st Control Permit for the subject
site. If an O WNER AND / OR O PERATOR has two (2) or more N OTICES OF V IOLATION that have been adjudicated by the H EARING O FFICER from the DAQEM for: failure to obtain a Dust Control Permit; failure to implement
B EST M ANAGEMENT P RACTICES ; or failure to comply with a Corrective Action Order, the C ONTROL O FFICER may, as a conditi on of obtaining or maintaining a Dust Control Permit, issue a Corrective Action Order requiring the O WNER AND / OR O PERATOR to post a surety bond to ensure the implementation of the miti gation measures set forth in said Dust Control
Permits.Amended 07/01/04 94

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CC Air Quality Regulation The O WNER AND / OR O PERATOR shall provide the C ONTROL O FFICER the surety bond executed in a form acceptable to the C ONTROL O FFICER for the approved Dust Control Permit as t he principal with a corporation authorized to transact surety busine ss in the State of Nevada. The O WNER

AND / OR O PERATOR shall condition the sure ty bond upon the faithful performance of all other conditions of the permit and faithful compliance with the provisions of t hese regulations. The surety bond shall remain in effect until the construction activity specified in the said Dust Control Permit is complete and the department closes the said Dust Control Permit. The amount of each bond required by this section shall equal the
estimated cost of im plementing the dust C ONTROL M EASURES set forth in the approved Dust Control Permit plus an additional 10% of the estimated cost to cover contingencies, as determined by the DAQEM.

94.7.3.4 Any P ERSON aggrieved by a decision of the C ONTROL O FFICER pursuant to this section may appeal in acco rdance with Section 7 of these Regulations.

94.7.4 Corrective Action Orders (CAO) a nd Notices of Violation (NOV).

94.7.4.1 If it is found that any provision of Section 94, a D UST C ONTROL P ERMIT

, or a Dust Mitigation Plan has not been complied with, the C ONTROL O FFICER may issue a Corrective Action Order to any O WNER AND / OR O PERATOR or other P ERSON that they may be in violati on of these regulations and said finding shall be corrected within a spec ified period of time, dependent upon the scope and extent of the problem.

94.7.4.2 The failure to comply with the co rrective measures of a Corrective Action Order within the specified period of time shall be a violation of this section of the Air Quality Regulations.

94.7.4.3 Regardless of whether a Correct ive Action Order has been issued, the
C ONTROL O FFICER may issue a Notice of Violation upon determination that
the O WNER AND / OR O PERATOR is out of compliance with any provisions of this section of the Air Quality Regulations, a D UST C ONTROL P ERMIT , a Dust Mitigation Plan, or upon the failure to comply with a previously issued
Corrective Action Order.

94.7.4.4 The C ONTROL O FFICER , or his/her designee shall be further empowered to enter upon any said land where any loos e soil or dust problem exists, and to take such remedial and corrective action as may be deemed appropriate to cope with and relieve, r educe, or remedy the loose soil, dust situation or condition, when the O WNER AND / OR O PERATOR fails to do

so.Amended 07/01/04 94

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CC Air Quality Regulation 94.7.4.4.1 Any cost incurred in connection with any such remedial or corrective action by the Department of Air Quality and Environmental Management or any P ERSON acting for the Department of Air Quality and Environmental Management shall be reimbursed by the land O WNER AND / OR O PERATOR . If
these costs are not reimbursed the C ONTROL O FFICER may request a lien be placed on the subject l ands that shall remain in full force and effect until any and all such costs have been collected.

94.7.4.5 Any additional C ONTROL M EASURES prescribed by the C ONTROL O FFICER in a Corrective Action Order, issued to t he holder of a Dust Control Permit, shall become a part of that permit’s Dust Mitigation Plan.

94.7.5 Dust Control Monitor.

94.7.5.1 Any C ONSTRUCTION project having 50 acres or more of actively disturbed soil at any given time s hall be required by the C ONTROL O FFICER to have in place an individual designated as t he Dust Control Monitor with full authority to ensure that dust C ONTROL M EASURES are implemented, including inspections, record keeping, deployment of resources, and shutdown or modification of C ONSTRUCTION A CTIVITIES as needed. This
individual shall be listed on the Constr uction Site Dust Control Monitor form provided in Attachment 1 of the Construction Activities Dust Control
Handbook.

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

are: (a) under common control and are either contiguous or separated by a public or private roadway and cumula tively have fifty (50) acres or more of actively disturbed soil; or

(b) under common control and not c ontiguous, but are contained within a common master-planned community and cumulatively have fifty (50) acres or more of disturbed soil.

94.7.5.3 The Dust Control Monitor shall be present at all times C ONSTRUCTION A CTIVITIES occur on the project site and sha ll devote the majority of his/her time specifically to managing dust prevention and control on the site.

94.7.5.4 The requirement for a Dust Control Monitor shall lapse when: (a) the area of actively disturbed soil becomes less than fifty (50)

acres; (b) the previously disturbed areas have been stabilized in accordance with the requirements of these Regulations; and,

(c) the stabilization has been approved and the acreage verified by the
C ONTROL O FFICER

.Amended 07/01/04 94

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CC Air Quality Regulation 94.7.5.5 A Dust Control Monitor shall be considered qualified when he/she has met the following minimum qualifications:
(a) successfully completed the Basic Dust Control Class;

(b) successfully completed the Dust Control Monitor Class;

(c) two years of experience in the C ONSTRUCTION industry; and,
(d) successfully completed a course that certifies hi m/her in Visual Emissions Evaluation (VEE) t hat has been approved or is conducted by the C ONTROL O FFICER

.

94.7.5.6 For a Dust Control Monitor to ma intain his/her certification he/she must successfully complete the Dust Contro l Monitor class at least once every three years.

94.7.6 Dust Control Class.

94.7.6.1 The C ONSTRUCTION site superintendent or other designated on-site representative of the project developer and all construction site supervisors and foremen shall be requi red to have successfully completed a Clark County Department of Air Quality and Envir onmental Management
Dust Control Class.

94.7.6.2 Water truck and wate r pull driver(s) for each C ONSTRUCTION project shall be required to have successfully comple ted a Clark County Department of Air Quality and Environmental Management Dust Control Class.

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

94.7.6.4 C ONSTRUCTION site workers and equipment oper ators, may be required to
attend a Dust Control Class as a remedial or corrective measure.

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 demolitio n 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 C ONSTRUCTION A CTIVITY that is visible to the public and measures, at minimum, four (4) feet wide by four (4) feet high, c onforming to Department policy on Dust Control Permit Design and Posting of Signage listed in Attachment 4 of
the Construction Activities Dust Control Handbook.Amended 07/01/04 94

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CC Air Quality Regulation 94.7.7.2 For each Dust Control Permit issued where the project site is over ten (10) acres, or for trenching projects aggr egating one (1) mile or greater in length, the permittee shall install a sign on the project site prior to commencing C ONSTRUCTION A CTIVITY and visible to the public and measures, at minimum, eight (8) f eet 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) w eeks in duration may request a waiver of the requirement of posting a D UST C ONTROL P ERMIT Sign.

94.7.8 Record Keeping.

94.7.8.1 On a site having a Dust Control Pe rmit a written record of self inspection shall be made each day soil disturbing wo rk is conducted. The “Record of Daily Dust Control” form provided in Appendix A of the Construction Activities Dust Control Handbook, or other written record that provides at a minimum the same information, shall be completed.

94.7.8.2 Records of C ONSTRUCTION site self inspections shall be kept for a minimum of one (1) year or for six (6 ) months beyond the project duration, whichever is longer. Self inspection records include daily inspections for crusted or damp soil, trackout c onditions and cleanup measures, daily water usage, D UST S UPPRESSANT application records, etc.

94.7.8.3 For C ONTROL M EASURES involving chemical or organic soil stabilization, records shall indicate the type of product applied, vendor name, label instructions for approved us age, and the method, frequency, concentration, and quantity of application.

94

. 8 Soil Stabilization Standards.

94.8.1 All permittees, contractors, OWNERS , operators, or other P ERSONS involved in C ONSTRUCTION A CTIVITIES shall employ C ONTROL M EASURES as set forth in the Construction Activities Dust Control Handbook.

94.8.2 One or a combination of the following methods shall be used to maintain
dust control on all disturbed soils on Construction Sites and staging areas:

(a) The soil shall be maintained in a sufficiently damp condition to prevent loose grains of soil from becoming dislodged when the disturbed soil is tested using t he Drop Ball Test outlined in Subsection 94.12.5; or

(b) The soil shall be crusted over by application of water, as demonstrated by the Drop Ball Te st outlined in Subsection 94. 12.5;

orAmended 07/01/04 94

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CC Air Quality Regulation (c) The soil shall be completely co vered with clean gravel or treated
with a D UST S UPPRESSANT approved by the C ONTROL O FFICER , to the extent necessary to pass a Drop Ball Test outlined in Subsection
94.12.5.

94.8.3 When a C ONSTRUCTION site or part thereof becom es inactive for a period of thirty (30) days or longer, long- term stabilization shall be implemented within ten (10) days following the cessation of active operations.

94.8.4 Stockpiles located within one hundred (100) yards of occupied buildings shall not be constructed over eight (8) feet in height.

94.8.5 Stockpiles over eight (8) feet hi gh shall have a road bladed to the top to
allow water truck access or shall have a sprinkler irrigation system installed, used and maintained.

94.9 Best Available Control Measures (BACM)

94.9.1 Any P ERSON who engages in a Construction Activity as defined in this regulation shall employ BACM fo r the purpose of dust control.

94.9.2 All C ONTROL M EASURES that are necessary to maintain soil stability as well s those listed in an approved Dust Mi tigation Plan, shall be implemented twenty four (24) hours a day, seven (7) days a week, until the permit is closed in accordance with Subsection 94.6.3(c).

94.9.3 In the event there are wind conditions that cause F UGITIVE D UST E MISSIONS ; in excess of 20% O PACITY using the Time Averaged Method or Intermittent Emissions Method, in excess of 50% O PACITY using the Instantaneous Method, or one hundred (100) yards in length from the point of origin, in spite of the use of Best Available C ONTROL M EASURES , all
C ONSTRUCTION A CTIVITIES that may contribute to these emissions shall immediately cease. Water trucks and water pulls shall continue to operate under these circumstances, unless wi nd conditions are such that the continued operation of wateri ng equipment cannot reduce F UGITIVE D UST E MISSIONS or that continued equipment operation poses a safety hazard.

94.9.4 If a Dust Control Permit is not required, the O WNERS , operators, or any
other P ERSON involved in C ONSTRUCTION A CTIVITIES shall employ B EST M ANAGEMENT P RACTICES

, as set forth in the Construction Activities Dust Control Handbook and comply with the so il stabilization standards listed in
Subsections 94.8 and emissions standards listed in Subsection 94.11.

94.10 C ONSTRUCTION A CTIVITIES Violations.Amended 07/01/04 94

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CC Air Quality Regulation 94.10.1 Any of the following circumstances constitute a violation of the Clark County Air Quality Regulations:
(a) Failure to obtain an approved D UST C ONTROL P ERMIT before engaging in activities that disturb or have the potential to disturb
soils and/or cause or have the potential to cause F UGITIVE D UST to
enter the air. (b) Failure to obtain an approved D UST C ONTROL P ERMIT for all areas subject to C ONSTRUCTION A CTIVITIES

. (c) Conducting a C ONSTRUCTION A CTIVITY as defined by Subsection 94.2 for which no specified contro l option is indicated in the approved D UST C ONTROL P ERMIT or the Dust Mitigation Plan. (d) Failure to perform any duty to allow or carry out an inspection, entry, or monitoring activity r equired by the Department of Air Quality and Environmental Management.
(e) Failure to renew or obtai n a new permit, prior to a D UST C ONTROL P ERMIT expiring, provided the site does not meet the exemption requirements for a D UST C ONTROL P ERMIT as defined in Subsection
94.4.2. (f) Failure to implement any item t hat is listed as a “Requirement” in the Best Management Practices se ction of the Construction Activities Dust Control Handbook for an applicable Construction Activity. (g) Failure to implement any B EST M ANAGEMENT P RACTICE listed in an approved D UST C ONTROL P ERMIT / Dust Mitigation Plan.

(h) Failure to maintain static (not actively worked) project soils with adequate surface crusting to prevent wind erosion as measured by test method “Soil Crust Determination (The Drop Ball Test)” in Subsection 94.12.5, or alternativ e control measures approved in the Dust Mitigation Plan.
(i) Failure to comply with any re cord keeping requirements of this
section.
(j) Failure to maintain project haul routes or haul roads in a stable condition as measured by the Inte rmittent Emissions test method
outlined in Section 94.12.3.

(k) Failure to have a Dust Control Monitor in place, per Subsection 94.7.5, for a Construction project.

(l) Allowing F UGITIVE D UST emissions to exceed the standards set forth in Subsection 94.11.1 through 94.11.4.

(m) Using a dry rotary brush or blow er device without sufficient water to limit emissions per Subsection 94.11.5.

(n) Allowing mud or dirt to be tr acked out onto a paved road that
exceed the standards set forth in Subsection 94.11.6.Amended 07/01/04 94

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CC Air Quality Regulation (o) Failure to comply with any other provision of this section.

94.11 Emission Standards.

94.11.1 No P ERSON shall cause or permit the handli ng, transporting, or storage of any material in a manner that allows visible emissions of particulate matter
to exceed: 20% O PACITY using the Time Averaged Method or the Intermittent Emissions Method; 50% O PACITY using the Instantaneous
Method. These Test Methods are set forth in Subsection 94.12.

94.11.2 No P ERSON shall cause or permit the handli ng, transporting, or storage of any material in a manner that allo ws a dust plume that extends one hundred (100) yards or more, horizontally or vertically, from the point of origin.

94.11.3 Where a D UST C ONTROL P ERMIT is required and has not been issued or in
the event Best Available C ONTROL M EASURES have not been fully implemented, no P ERSON shall cause or permit the handling, transportation, or storage of any mate rial in a manner that exceeds the limits listed in any one of the following:

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

(b) Allow a dust plume to extend more than one hundred (100) feet, horizontally or vertically, fr om the point of origin; or

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

94.11.4 Visible emissions from abrasive blasting shall be limited to no more than an average of 40% O PACITY 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 bl ower devices for removal of deposited mud/dirt trackout from a paved road is prohibited, unless sufficient water is applied to limit the visible emissions to an O PACITY of not greater than:
20% O PACITY using the Time Averaged Met hod or Intermittent Emissions Method; 50% O PACITY using the Instantaneous Method. These test
methods are set forth in Subsection 94.12. The use of rotary brushes without water is prohibited.

94.11.6 Mud or dirt shall not be allowed to be tracked out onto a paved road where such mud or dirt extends fifty (50) f eet or more in cumulative length from the point of origin or a llow any trackout to accumulate to a depth greater than 0.25 inch. Notwithstanding the pr eceding, 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 andAmended 07/01/04 94

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CC Air Quality Regulation maintained to eliminate emissions of Fugitive Dust. At a minimum all trackout must be cleaned up by the end of the workday or evening shift, as applicable.

94.12 Test Methods

94.12.1 Visual Determination of O PACITY of E MISSIONS from Sources of Visible
E MISSIONS

.

Applicability: This method is applic able for the determination of the O PACITY of E MISSIONS from sources of visible E MISSIONS The Time Averaged Method requires averaging of visible E MISSION readings over a specific time period to
determine the O PACITY of visible E MISSIONS . The Time Averaged Method is applicable to continuous E MISSIONS sources. The Intermittent Emissions Method requires averaging a set number of visible E MISSIONS readings to
determine the O PACITY of visible E MISSIONS . The Intermittent Emissions Method is applicable to Intermittent E MISSIONS sources. The Instantaneous
Method sets an O PACITY limit that sha ll not be exceeded at any time. The Instantaneous Method is applicable to any emissions source and is a nonfederal requirement.

Principle: The O PACITY of E MISSIONS of a source of visible E MISSIONS is determined visually by an observer who has current certification approved by the Control Officer, as a qualified Visible E MISSIONS Evaluator, using US EPA
Method 9.

Procedures: A qualified Visible E MISSIONS Evaluator shall use the procedures set forth in Subsections 94.12.2, 94.12.3, and 94. 12.4 for visually determining the O PACITY of E MISSIONS

.

94.12.2 Time Averaged Method: These proc edures is for evaluating continuous
F UGITIVE D UST E MISSIONS and are for the det ermination of the OPACITY of
continuous F UGITIVE D UST E MISSIONS by a qualified observer. Continuous
F UGITIVE D UST E MISSIONS sources include activities that produce emissions continuously during operations such as earthmoving, grading, and trenching. Emissions from these types of c ontinuous activities are considered continuous even though speed of the acti vity may very and Emissions may be controlled to 100%, producing no visi ble emissions, during parts of the operation. The qualified observer should do the following:

(a) Position: Stand at a position at least twenty (20) feet from the
F UGITIVE D UST source in order to prov ide a clear view of the

E MISSIONS with the sun oriented in the 140 **°** sector to the back. Consistent as much as possi ble with maintaining the above requirements, make O PACITY observations from a position such that the line of sight is approximately perpendicular to the plume and wind direction. The observer may follow the F UGITIVE D UST plume generated by mobile earth moving equipment, as long as the sunAmended 07/01/04 94

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CC Air Quality Regulation remains oriented in the 140 **°** sector to the back. As much as possible, do not include more than one plume in the line of sight at one time.

(b) Field Records: Record the name of the site, F UGITIVE D UST source type (e.g., earthmoving, grading, trenc hing), method of control used, if any, observer’s name, certification data and affiliation, and a sketch of the observer’s position relative to the F UGITIVE D UST source. Also, record the time, estimated distance to the F UGITIVE D UST source location, approximate wind direct ion, estimated wind speed, description of the sky condition (presence and color of clouds), observer’s position relative to the F UGITIVE D UST source, and color of the plume and type of ba ckground on the visible E MISSION observation
when O PACITY readings are initiated and completed.
(c) Observations: Make O PACITY observations, to the extent possible, using a contrasting background that is perpendicular to the line of sight. Make O PACITY observations at a poi nt just beyond where material is no longer being deposited out of the plume (normally three (3) feet above the surface from which the plume is generated). The initial observation should begin imm ediately after a plume has been
created above the surface in volved. Do not look continuously at the plume, but instead obser ve the plume momentarily at 15-second
intervals. For F UGITIVE D UST from earthmoving equipment, make
O PACITY observations at a point just beyond where material is not being deposited out of the plume (no rmally three (3) feet above the mechanical equipment generating the plume).
(d) Recording Observations: Record the O PACITY observations to the nearest 5% every fifteen (15) se conds on an observational record sheet. Each momentary obser vation recorded represents the average O PACITY of E MISSIONS for a fifteen (15) second period. If a multiple plume exists at the time of an observation, do not record an
O PACITY reading. Mark an “x” for t hat reading. If the equipment generating the plume travels outside of the field of observation, resulting in the inability to maintain the orientation of the sun within the

140 **°** sector or if the equipment ceas es operating, mark an “x” for the fifteen (15) second interval reading. Readings identified as “x” shall be considered interrupted readings.
(e) Data Reduction For Time-Averaged Method: For each set of twelve (12) or twenty four (24) cons ecutive readings, calculate the appropriate average O PACITY . Sets shall consist of consecutive observations, however, readings i mmediately preceding and following interrupted readings shall be deemed consecutive and in no case shall two sets overlap, resulting in multiple violations.

94.12.3 Intermittent E MISSIONS Method: This proc edure is for evaluating Intermittent
F UGITIVE D UST E MISSIONS : This procedure is for the determination of the
O PACITY of intermittent F UGITIVE D UST E MISSIONS by a qualified observer.
Intermittent F UGITIVE D UST E MISSIONS sources include activities that produceAmended 07/01/04 94

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CC Air Quality Regulation emissions intermittently such as screening, dumping, and stockpiling where predominant emissions are produced inte rmittently. The qualified observer should do the following:

(a) Position: Stand at a position at least twenty (20) feet from the
F UGITIVE D UST source in order to prov ide a clear view of the

E MISSIONS with the sun oriented in the 140 **°** sector to the back. Consistent as much as possi ble with maintaining the above requirements, make O PACITY observations from a position such that the line of sight is approximately perpendicular to the plume and wind direction. As much as possibl e, do not include more than one plume in the line of sight at one time.

(b) Field Records: Record the name of the site, F UGITIVE D UST source type (e.g., pile, material handling, trans fer, loading, sorting), method of control used, if any, observer’s name, certification data and affiliation,
and a sketch of the observer’s position relative to the F UGITIVE D UST source. Also, record the time , estimated distance to the F UGITIVE D UST source location, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds), observer’s position relative to the F UGITIVE D UST source, and color of the plume and type of ba ckground on the visible E MISSION observation
when O PACITY readings are initiated and completed.
(c) Observations: Make O PACITY observations, to the extent possible, using a contrasting background that is perpendicular to the line of sight. Make O PACITY observations at a poi nt just beyond where material is no longer being deposited out of the plume (normally three (3) feet above the surface from wh ich the plume is generated). Make two observations per plume at the same point, beginning with the first reading at zero (0) seconds and the second reading at five (5) seconds. The zero (0) second obs ervation should begin immediately after a plume has been created above the surface involved.
(d) Recording Observations: Record the O PACITY observations to the
nearest 5% on an observational reco rd sheet. Each momentary
observation recorded r epresents the average O PACITY of E MISSIONS for a five (5) second period.

(e) Repeat Subsection 94.12.3(c) of this Regulation and Subsection 94.12.3(d) of this R egulation until you have recorded a total of 12
consecutive O PACITY readings. This will occur once six intermit plumes on which you are able to take proper readings have been
observed. The 12 consecutive r eadings must be taken within the same period of observation but must not exceed 1 hour. Observations immediately pr eceding and following interrupted
observations can be considered consecutive.
(f) Average the 12 O PACITY readings together. If the average O PACITY reading equals 20% or lower, the s ource is in compliance with the averaged method O PACITY standard described in this Section.Amended 07/01/04 94

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CC Air Quality Regulation 94.12.4 Instantaneous Method: This is a non-federal procedure for evaluation of
F UGITIVE D UST E MISSIONS : This procedure is for the instantaneous
determination of the O PACITY of F UGITIVE D UST E MISSIONS by a qualified
observer. This method is a Clark County local requirement and is not submitted as part of the applicable St ate Implementation Plan. The qualified observer should do the following:

(a) Position: Stand at a position at least twenty (20) feet from the
F UGITIVE D UST source in order to prov ide a clear view of the

E MISSIONS with the sun oriented in the 140 **°** sector to the back. Consistent as much as possi ble with maintaining the above requirements, make O PACITY observations from a position such that the line of sight is approximately perpendicular to the plume and wind direction. The observer may follow the F UGITIVE D UST plume generated by mobile earth moving equipment, as long as the sun

remains oriented in the 140 **°** sector to the back. As much as possible, do not include more than one plume in the line of sight at one time.

(b) Field Records: Record the name of the site, F UGITIVE D UST source type (e.g., earthmoving, grading, storage pile, material handling, transfer, loading, sorting), method of control used, if any, observer’s name, certification data and affiliati on, and a sketch of the observer’s position relative to the F UGITIVE D UST source. Also, record the time,
estimated distance to the F UGITIVE D UST source location, approximate wind direction, estimated wind s peed, description of the sky condition (presence and color of clouds), observer’s position relative to the
F UGITIVE D UST source, and color of the plume and type of background
on the visible E MISSION observation when O PACITY readings are initiated and completed.
(c) Observations: Make O PACITY observations, to the extent possible, using a contrasting background that is perpendicular to the line of sight. Make O PACITY observations at a point just beyond where material is no longer being deposited out of the plume (normally three (3) feet above the surface from wh ich the plume is generated).
(d) Recording Observations: Record the O PACITY observations to the
nearest 5%.
(e) Data Reduction For Instantaneous Regulations: Evaluate all
observations for conformance wit h the instantaneous regulation.Amended 07/01/04 94

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CC Air Quality Regulation 94.12.5 Soil Crust Determination (The Drop Ball Test):

(a) Drop a steel ball with a diameter of 0.625 (5/8 th ) inch and a mass ranging from 0.56-0.60 ounce fr om a distance of one (1) foot directly above the soil surface. If blowsand is present, clear the
blowsand from the surfaces on whic h the soil crust test method is
conducted. Blowsand is defi ned as thin deposits of loose uncombined grains covering less than 50% of a project site that have not originated from the repres entative surface being tested. If material covers a visible crust, wh ich is not blowsand, apply the test method in Subsection 90.4.1.3 (Det ermination Of Threshold Friction Velocity) of this Regulation to the loose material to determine
whether the surface is stabilized.

A sufficient crust is defined under the following conditions: once a ball has been dropped according to Subsection 90.4.1.1 of this Regulation, the ball does not sink in to the surface, so that it is partially or fully surrounded by l oose grains and, upon removing the ball, the surface upon which it fell has not been pulverized, so that loose grains are visible.
(b) Randomly select each representat ive disturbed surface for the drop ball test by using a blind “over the shoulder” toss of a throwable object (e.g., a metal weight with su rvey tape attached). Using the point of fall as the lower left hand corner, measure a one (1) foot square area. Drop the ball three ti mes within the 1-foot by 1-foot square survey area, using a consis tent pattern across the survey area. The survey area shall be considered to have passed the Soil
Crust Determination Test if at leas t two out of the three times that the ball was dropped, the results me t 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 t he overall disturbed conditions of the site, and repeat this procedure. If the results meet the criteria of Subsection 90.4.1.1(a) of this R egulation for all of the 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 of a crust on another portion of the site. Repeat the
soil crust test as often as necessa ry on each portion of the overall conditions of the site using the r andom selection method set forth in Subsection 90.4.1.1(b) of this Regulation for an accurate

assessment.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Initial adoption: June 22, 2000 Amended: November 16, 2000; March 18, 2003; June 3, 2003; July 1, 2004.