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 ........................................................... 2

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13.1 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 delegated by 

EPA.

(1) Subpart A - General Provisions.

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

(3) Subpart D - National Emission 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 - National Emission Standard for Equipment Leaks 

(Fugitive Emission Sources).

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(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 opacity 

limits, or administer any authorities under 40 CFR Part 63 not delegated 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.

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(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) Subpart 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 Production Plants.

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(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 Emission 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 - National 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 Leaks--

Control Level 1.

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(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 - National 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.

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(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 

Pollutants: 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.

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(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 

Pollutants 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: Printing, 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.

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(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 Mercury 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 Manufacturing.

(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 Operations. 

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(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 Emission 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 Emission 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 Facilities.

(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 Sources. 

(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.

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(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 Acrylic 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 Air 

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 Ceramics 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.

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(127) Subpart ZZZZZZ – National Emission Standards for Hazardous Air 

Pollutants: 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.

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SECTION 14: NEW SOURCE PERFORMANCE STANDARDS

14.1 40 CFR Part 60 Incorporated by Reference ......................................................... 1

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14.1 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 under 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 Compliance 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 

Sulfuric 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 

August 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 Units.

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(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 Reconstruction 

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 

Petroleum 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.

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(26) Subpart N – Standards of Performance for Primary Emissions 

from Basic Oxygen Process Furnaces for Which Construction is 

Commenced After June 11, 1973.

(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 – Standards 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) Subpart 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.

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(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 – Standards of Performance for Stationary GAS

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 Mineral 

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) Subpart 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 Surface 

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.

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(58) Subpart VV – Standards of Performance for Equipment Leaks of 

Volatile Organic 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) Subpart 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. 

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(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: SO2 Emissions. 

(73) Subpart 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) Subpart 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 

Compound 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 Coating 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 Performance 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.

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(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 Commenced 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-Fired 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 Emission Rate Change.

(96) Appendix D – Required Emission Inventory Information.

(97) Appendix F – Quality Assurance Procedures.

(98) Appendix I – Removal Label and Owner’s Manual.

6-305
History: Amended: September 3, 1981; October 21, 1983; September 21, 1984; May 15, 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.

 

6-306
Amended 01/25/10 

CC Air Quality Regulations 

18-1 

CLARK COUNTY

AIR QUALITY REGULATIONS 

SECTION 18 - PERMIT AND TECHNICAL SERVICE FEES

18.1 OPERATING PERMIT Issuance Fees: 

18.1.1 OPERATING PERMIT issued pursuant to Section 16: 

This permit is issued for any new or MODIFIED STATIONARY 

SOURCE. 

$127.00

 

18.1.2 OPERATING PERMIT issued pursuant to Section 19: 

This permit is issued to any new or MODIFIED STATIONARY 

SOURCE subject to the PART 70 PROGRAM. 

Free

18.2 Annual EMISSIONS UNIT and Annual Permit Renewal Fees: 

These fees are assessed on each EMISSIONS UNIT and each 

OPERATING PERMIT each calendar year. 

18.2.1 Each PROCESS EQUIPMENT, except as otherwise listed in 

this Section. 

$215.00

 

18.2.2 Each Storage Silo. $106.00

18.2.3 Each STATIONARY tank, reservoir, or other container 

exceeding 40,000 gallons capacity containing any 

petroleum product having a VAPOR pressure of 1.5 pounds 

per square inch absolute or greater at standard 

temperature and pressure. 

$288.00

 

18.2.4 Each GASOLINE storage tank equipped with STAGE I VAPOR

Recovery or STAGE II VAPOR Recovery equipment at any 

GASOLINE Dispensing Facility including bulk plants but 

excluding bulk terminals.

$56.00

 

18.2.5 Each Heated Asphalt Storage Tank. $54.00

6-307
Amended 01/25/10 

CC Air Quality Regulations 

18-2 

18.2.6 Each STATIONARY Internal Combustion engine, including 

microturbines up to 2.5MW, that meets the definition of a 

STATIONARY SOURCE, 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 STATIONARY Emergency Internal Combustion engine 

that has a brake horsepower rating greater than five 

hundred (500) that meets the definition of a STATIONARY 

SOURCE shall pay the following fee: 

 

 500 to 1500 HP 1501 HP and up 

 $215.00 $624.00 

18.2.8 Each FUEL BURNING EQUIPMENT not otherwise listed in this 

section that meets the definition of a STATIONARY SOURCE. 

$186.00

 

18.2.9 Each stationary printing press. $357.00

 

18.2.10 Each commercial surface coating operation, including spray 

booths. In the event that spray 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 generating 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 within 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 supplemental Heat Recovery Steam 

Generators (HRSGs), excluding equipment fueled solely on 

hydrogen, multiplied by the 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. 

6-308
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 Generator (HRSG), excluding ductfiring equipment fueled solely 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 equipment fees at the time of 

permit issuance. The fees shall 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 MAJOR STATIONARY SOURCE $6,230.00

 

18.2.13.2 Each COMPLEX SOURCE $4,984.00

 

18.2.13.3 Each SIGNIFICANT SOURCE $934.00

 

18.2.13.4 Baseline annual permit renewal applies to every permitted 

stationary source except those classified as MAJOR,

COMPLEX, SIGNIFICANT, 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 CONSTRUCTION ACTIVITIES including Surface Grading and 

TRENCHING 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 multiplied by the following: 

$138.00

 (Multiply fee by the sum of the 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 date of the original dust control 

permit. 

$31.20

6-309
Amended 01/25/10 

CC Air Quality Regulations 

18-4 

18.3.2.1 Modification in combination with additional acres: The Dust 

Control Permit Fee shall also apply, limited to the new acres. 

 

18.3.2.2 Modification in combination with additional acres where 

construction on the additional acreage commenced prior to 

submission of either a stand-alone Dust Control Permit or the 

Modification. The Dust Control Permit late fee shall apply. 

18.3.4 Dust Control Class Card (Pursuant to Section 94): The dust 

control card will be valid for three years. 

$37.50

 

18.3.5 Dust Control Permit Late Fee: 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 Monitor 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 responsible 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 Review of Proposed New or 

MODIFIED STATIONARY SOURCES requesting an AUTHORITY TO 

CONSTRUCT CERTIFICATE

18.4.1 NSR Application fee: All STATIONARY SOURCES $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 CONTROL 

OFFICER receives full payment of all applicable fees from the 

applicant. 

 

6-310
Amended 01/25/10 

CC Air Quality Regulations 

18-5 

18.4.3 NSR Application Review fee: 

 

18.4.3.1 NSR POTENTIAL TO EMIT (TONS PER YEAR) fee shall be 

determined on annual total POTENTIAL TO EMIT for all 

REGULATED AIR POLLUTANTS multiplied by the following and 

rounded off to the nearest whole number: 

$59.00

 

18.4.3.2 NSR EMISSIONS UNIT fee shall be determined on the number 

of EMISSION UNITS multiplied by the following: 

$231.00

18.4.3.3 An AUTHORITY TO CONSTRUCT CERTIFICATE shall not be issued 

unless the CONTROL OFFICER has received full payment of all 

applicable fees. 

18.4.3.4 The NSR Application Review Fee for AUTHORITY TO 

CONSTRUCT applications submitted by the NDOT shall be 

based upon the following: 

18.4.3.4.1 NDOT maintains the permit for the pit as a single EMISSION 

UNIT and is charged for one EMISSION UNIT review fee (E1). 

18.4.3.4.2 Subcontractors applying for an OPERATING PERMIT pursuant to 

the NDOT ATC shall pay review fees based on EMISSION 

UNITS (E1) and tons of emissions (E2), but need not pay the 

Application Fee. 

18.4.3.5 VLP Relocation Fee: All ATTACHMENT-1 for a new operating 

location within Clark County. 

$31.20

 

18.4.3.6 Acid Rain Permit: Associated with the Requirements of Title 

IV of the 1990 Clean Air Act Amendments. 

$127.00

18.5. PART 70 Application Review Fee: 

Technical Review of PART 70 Applications for New or Existing 

STATIONARY SOURCES

18.5.1 Application fee: MAJOR PART 70 STATIONARY SOURCES Free

 

18.5.2 Application fee: NON-MAJOR PART 70 STATIONARY SOURCES Free

 

6-311
Amended 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 EMISSION Inventory and Emission Fee: 

18.6.1 Annual Emissions Inventory: 

18.6.1.1 The Annual Emissions Inventory must be submitted to 

DAQEM by March 31 of each calendar year. 

18.6.1.2 ACTUAL Calendar Year EMISSIONS will be determined by using 

emission factors consistent with permit conditions or 

performance testing (whichever 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 fee 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 EMISSIONS UNIT Fee, each MAJOR

STATIONARY SOURCE and each STATIONARY SOURCE subject to 

Federal Performance Standards, shall pay an Annual PART 70 

EMISSION Fee. 

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Amended 01/25/10 

CC Air Quality Regulations 

18-7 

18.6.2.4 The Annual PART 70 EMISSION Fee shall be based on the total number of 

tons of ACTUAL Annual EMISSIONS for all REGULATED AIR POLLUTANTS

(rounded off to the nearest whole number). 

18.6.3 ACTUAL Annual EMISSIONS shall mean the following: 

18.6.3.1 Measured EMISSIONS for any EMISSIONS monitored by a 

continuous EMISSIONS monitoring system (CEMS) over the 

previous calendar year, or 

18.6.3.2 Estimated EMISSIONS for any EMISSIONS calculated based on 

annual facility production over the previous calendar year. 

18.6.4 Annual PART 70 EMISSION Fees: 

18.6.4.1 Annual PART 70 EMISSION Fee shall be determined on the 

number of tons (to the nearest tenth of a ton) of all 

REGULATED AIR POLLUTANTS, except as provided in 

Subsection 18.6.4.2, multiplied by the following fee: 

$47.70

 

18.6.4.2 For the Carbon Monoxide EMISSIONS portion, the Annual 

PART 70 EMISSION Fee shall be determined 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 PART 70 

EMISSION Fee: 

18.6.5.1.1 Any CONSTRUCTION ACTIVITY permitted pursuant to Section 17 

or Section 94 of the Regulations, 

18.6.5.1.2 Any GASOLINE DISPENSING FACILITY permitted pursuant to 

Sections 12 and 52 of the Regulations 

18.7 Certificate for ASBESTOS Removal: $624.00

Fee charged on all projects that require National EMISSION

Standards for HAZARDOUS AIR POLLUTANTS (NESHAPS) 

notification.

6-313
Amended 01/25/10 

CC Air Quality Regulations 

18-8 

18.7.1 Post Abatement Inspection Fee: $312.00

 

Fee charged for post abatement inspection of all projects 

that require National Emission Standards for Hazardous Air 

Pollutants (NESHAPS) notification. 

 

18.7.2 Inspection For Ongoing Asbestos 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 (NESHAPS) notification and which 

meet or exceed the regulated amounts of Regulated 

Asbestos-Containing Material (RACM). 

 

18.8 Certificate of Exemption (Initial): $312.00

 HEARING BOARD Filing Fee (Non-refundable) 

(This fee is assessed one time for an exemption granted 

pursuant to Section 44 of the Regulations) 

 

18.9 Certificate of Exemption (Renewal): $127.00

 Air Pollution Control HEARING BOARD Filing Fee (Nonrefundable) (This fee is assessed for each subsequent 

exemption renewal granted pursuant to Section 44 of the 

Regulations) 

 

18.10 Transfer of a STATIONARY SOURCE OPERATING PERMIT from one 

 person to another. 

$127.00

 

18.11 Replacement of each lost or destroyed OPERATING PERMIT. $31.20

18.12 Request for Hearing before the Air Pollution Control HEARING 

BOARD (fee is non-refundable): 

$140.00

Applicable to each Variance, Appeal or Compliance 

Schedule

 

6-314
Amended 01/25/10 

CC Air Quality Regulations 

18-9 

18.13 Any fees required pursuant to this Section may be waived for 

 each qualifying EMISSIONS 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 thirty (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 STATIONARY SOURCE Inspection Fees 

 The following STATIONARY SOURCE inspection fee schedule 

(Table 18.18) outlines the fees associated with re-inspections 

for all STATIONARY SOURCES, including various location 

permits (VLPs). These fees apply when a source fails an 

inspection, 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 inspections are conducted with no 

charge (n/c) to the source. 

Note: Only the highest applicable fee category shall apply for each source. 

6-315
Amended 01/25/10 

CC Air Quality Regulations 

18-10

Table 18.18 

STATIONARY SOURCE Inspections Fee Schedule 

Total POTENTIAL TO 

EMIt (PTE) 

DE MINIMUS PERMIT 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 STATIONARY SOURCE Performance Testing Fees 

 The following STATIONARY SOURCE performance test (P/T) 

fee schedule (Table 18.19) outlines the fees associated for 

all STATIONARY SOURCES, including various location activity 

permits (VLPs). These fees apply when the source is 

required to conduct a performance test to determine 

compliance status. The associated fees are on a per 

protocol basis and shall be invoiced for all performance 

test(s) which is/are outlined in each of the required 

performance test protocol. 

 Performance test fees include the protocol and final report 

review and covers any on-site time by DAQEM, if required. 

Note: Only the highest applicable fee category shall apply for each source. 

6-316
Amended 01/25/10 

CC Air Quality Regulations 

18-11

Table 18.19 

 

STATIONARY SOURCE PerformanceTest (P/T) Fee Schedule 

TOTAL

POTENTIAL TO EMIT (PTE) 

DE MINIMUS PERMIt 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/report 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 STATIONARY SOURCE performance 

specification (PS) testing and continuous emissions 

monitoring system (CEMS) fee schedule (Table 18.20) 

outlines the fees associated for all STATIONARY SOURCES

performance specification test (PS) and continuous 

emissions monitoring systems (CEMS), including predictive 

emissions monitoring systems (PEMS), and relative 

accuracy test audits (RATAs) where the source is required 

to conduct a performance test/audit to determine 

compliance status. The associated 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. 

6-317
Amended 01/25/10 

CC Air Quality Regulations 

18-12

Table 18.20 

STATIONARY SOURCE 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 according to the relative percent 

change from the previous calendar year in the Urban Consumer 

Price Index (CPI-U), which is published by the U. S. Department 

of Labor, Bureau of Labor Statistics: 

 Gasoline storage tank at GASOLINE DISPENSING FACILITIES

Dust Control Monitor Certificate 

Hearing Request before HEARING BOARD

6-318
Amended 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; August 26, 1993; September 28, 1995; December 19, 1996; 

April 24, 1997; December 14, 2000; January 21, 2003; June 3, 2003; July 1, 2004; 

January 20, 2005; January 20, 2006; January 22, 2007; January 22, 2008; January 

27, 2009; January 25, 2010 

6-319
Amended 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 County 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 others, of limiting 

contaminant EMISSIONS from existing, MODIFIED or new sources handling or 

processing HAZARDOUS AIR POLLUTANTS; and 

WHEREAS, it is a public policy of Clark County and the purpose of the 

Department of Air Quality and Environmental Management's Air Quality 

Regulations to review and approve existing, MODIFIED and new sources of AIR 

POLLUTION, only if the EMISSION standards are or can be met; and air quality 

standards will not be violated; and 

WHEREAS, the United States Environmental Protection Agency has adopted 

certain general provisions and OPERATING PERMIT requirements for affected 

sources and affected units under the Acid Rain Program, pursuant to Title IV of 

the Clean Air Act, 42 U.S.C. 7401, et seq., as amended by Public Law 101-549 

[November 15, 1990]; and 

WHEREAS, it is the Department's belief that review and approval of existing, 

MODIFIED 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 the United States Environmental Protection Agency are 

hereby adopted by reference and made a part hereafter 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 the Clark County Board of County 

Commissioners, and the term “ADMINISTRATOR”, as defined in part 72, shall 

mean the ADMINISTRATOR of the United States Environmental Protection Agency. 

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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 - DESIGNATED REPRESENTATIVE

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 - PERMIT REVISIONS

21.2.9 Subpart I - Compliance Certification 

21.3 Any PERSON 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: 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: February 20, 2001; June 3, 2003; July 1, 2004. 

6-321
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 County 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 others, of limiting 

contaminant EMISSIONS from existing, MODIFIED or new sources handling or 

processing HAZARDOUS AIR POLLUTANTs; and 

WHEREAS, it is a public policy of Clark County and the purpose of the 

Department of Air Quality and Environmental Management's Regulations to 

review and approve existing, MODIFIED and new sources of AIR POLLUTION, only if 

the EMISSION standards are or can be met; and air quality standards will not be 

violated; and 

WHEREAS, the United States Environmental Protection Agency has adopted 

standards for the monitoring, recordkeeping, and reporting of sulfur dioxide, 

nitrogen oxides and carbon dioxide EMISSIONS, 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 Air Quality and Environmental 

Management's belief that review and approval of existing, MODIFIED 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 the United States Environmental 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 the Clark County Board of County 

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CC Air Quality Regulations 

Commissioners and the term “ADMINISTRATOR”, as defined in part 72, shall mean 

the ADMINISTRATOR 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 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. 

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. 

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History: Initial Adoption: June 22, 1995 

 Amended: April 9, 2001; June 3, 2003; July 1, 2004. 

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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....................................................................... 3

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25.1 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) 

Authority 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 consistent 

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 any 

bypass operation) were minimized to the maximum extent practicable 

during periods of such emissions;

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(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) The 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;

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(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 maintenance, 

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 twentyfour (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 seventytwo (72) hours of the notification required by paragraph (a) above.

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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 detected 

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 notification 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. 

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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 Subsection 26.2 or other Sections 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 EMISSION UNITS 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 dioxide, and boron trichloride, the OPACITY

shall not exceed an average of 10 percent for a period of more than 6 

consecutive minutes. 

26.2.2 No PERSON shall cause, suffer, allow or permit the discharge into the 

atmosphere from any INCINERATOR, any air contaminants in excess of an 

average of 5 percent OPACITY for a period of more than 6 consecutive 

minutes and no single reading shall 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 for the failure of an 

EMISSION to meet the limitations herein; and 

26.3.3 Smoke discharged in the course of training individuals to observe visible 

EMISSIONs, if written permission is obtained from the CONTROL OFFICER

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 

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______________________________________________________________________ 

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 Regulation, the total process weight from all similar 

process units at a plant or premises shall be used for determining the 

maximum allowable emission of particulate 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 allowable emission limits for approval of new 

or modified sources of particulate matter 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. 

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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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History: Amended: September 3, 1981; April 9, 2001; June 3, 2003; July 1, 2004. 

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Amended 07/01/04 28-1 

CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 28 - FUEL BURNING EQUIPMENT

28.1 General Provisions

28.1.1 This regulation applies to installation in which FUEL 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. 

FUELS include those such as coke, coal, lignite, coke breeze, FUEL OIL, and 

wood, but do not include refuse. When any products or by-products of a 

manufacturing process are burned for the same purpose or in conjunction 

with any FUEL, the same maximum emission limitations shall apply. 

28.1.2 The heat content of coal shall be determined according to ASTM method 

D-271-64 Laboratory Sampling and Analysis 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 FUELs whose products of combustion pass through a stack or 

stacks. The heat input value used shall be the equipment manufacturer's or 

designer's guaranteed maximum input, whichever is greater. The total heat 

input of all FUEL-BURNING UNITS on a plant or premises shall be used for 

determining the maximum allowable amount of PARTICULATE MATTER which 

may be EMITTED. 

28.1.4 The amount of PARTICULATE MATTER EMITTED shall be measured according 

to the American Society of Mechanical Engineers' Power Test Codes 

PTC-27, dated 1957 entitled, "Determining Dust Concentrations in a Gas 

Stream," which publication is made a part of this section by reference. The 

CONTROL OFFICER may modify this testing procedure or specify the use of 

more current procedures in accordance with good professional practice. 

28.2 Emission Limitations 

28.2.1 No PERSON shall cause or permit the EMISSION of PARTICULATE MATTER from 

any FUEL-BURNING EQUIPMENT in excess of the quantity set forth in the 

following table: 

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Amended 07/01/04 28-2 

CC Air Quality Regulations 

 Maximum allowable rate of 

 EMISSION of PARTICULATE

 Heat input, millions of MATTER, pounds per million 

 BRITISH THERMAL UNITS BRITISH THERMAL UNITS 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 EMISSION rates of PARTICULATE MATTER for heat input 

greater than 10 million but less than 4000 million BTU per hour shall be 

determined by using the equation Y = 1.02 X-0.231. Maximum allowable 

EMISSION rates of PARTICULATE MATTER 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 EMISSION in pounds per million BTU 

and X = maximum heat input in millions of BTU per hour. 

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History: Amended: April 23, 1987; April 24, 2001; June 3, 2003; July 1, 2004. 

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Amended 07/01/04 29-1 

CC Air Quality Regulations 

 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 County at any time, any DIESEL FUEL OIL having a sulfur 

content in excess of 0.05 percent by weight. 

29.1.1 The limitation for DIESEL FUEL does not apply to FUEL purchased and in 

storage prior to December 16, 1993. 

29.1.2 The limitation on storage does not apply to product that is to be transported 

outside Clark County. Persons storing 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 time, any Number 6 ASTM Grade (Bunker 

C) FUEL OIL having a sulfur content in excess of 0.3 percent by weight. 

29.2.1 The limitation for Number 6 ASTM Grade (Bunker C) FUEL OIL does not 

apply to FUEL purchased and in storage prior to December 16, 1993. 

29.3 Allowance for analytical variations in sulfur content of FUEL OIL: 

29.3.1 The percent by weight sulfur content shall be limited to a maximum deviation 

of 10 percent. 

 Sulfur Content Maximum Sulfur Content

 0.05 0.055 

 0.3 0.33 

29.4 FUEL OIL is defined as "a liquid or liquefiable petroleum product normally 

produced, manufactured, used, or sold for the purpose of creating useful 

heat." 

29.5 DIESEL FUEL is defined as "a low viscosity oil normally used in compression 

ignition engines." 

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Amended 07/01/04 30-1 

CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 30 - INCINERATORS

30.1 No PERSON shall burn combustible material in any INCINERATOR, 

crematory device, pathological destructor, or any other device used for 

disposal or recovery of material by burning, other than in a multiple 

chamber incinerator or other designed incinerator approved in advance 

by the CONTROL OFFICER for which a current and valid operating permit 

is in effect. This Section does not apply to flares and incineration units 

used as air pollution control devices. 

30.1.1 The provisions of this Section shall become effective upon adoption, with the 

exception that the requirements of Subsections 30.3, 30.4, and 30.5 shall 

become effective on July 1, 2004. A crematory device is exempt from the 

provisions of Subsection 30.4.1. A crematory device means a unit used for 

human cremation. 

30.2 Performance Standard:

30.2.1 No PERSON shall cause or permit the discharge into the atmosphere from an 

INCINERATOR, with a rated burning capacity less than 2.08 tons per hour, 

ALLOWABLE PARTICULATE EMISSIONS greater than 0.10 grains per dry standard 

cubic foot (gr/dscf) of exhausted gas, corrected to 12 percent carbon dioxide; 

or 

30.2.2 No PERSON shall cause or permit the discharge into the atmosphere from an 

INCINERATOR, with a rated burning capacity equal to or greater than 2.08 tons 

per hour, ALLOWABLE PARTICULATE EMISSIONS as referenced in Section 14 of 

these Regulations; and 

30.2.3 No PERSON shall cause or permit the discharge into the atmosphere from any 

INCINERATOR any emissions of visible air contaminants in excess of the 

OPACITY limitations contained in Section 26 of these regulations. 

30.3 Compliance Demonstrations: 

30.3.1 The temperature in the primary chamber of the INCINERATOR or secondary 

chamber of the crematory device shall be maintained at a temperature equal 

to or greater than 1400oF. If the manufacturer specifies a temperature higher 

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Amended 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 INCINERATOR temperature be 

allowed to drop below the minimum temperature during incineration. The 

INCINERATOR or crematory device shall be equipped with an audible alarm 

that warns the operator when the temperature drops below 1400oF and/or 

exceeds 2000oF. 

30.3.2 The INCINERATOR shall be equipped with a temperature measuring device 

installed in the primary chamber or for a crematory device in the secondary 

chamber at a location that will provide accurate and representative 

temperature readings, and a temperature gauge shall be placed at a location 

that is clearly visible to the operator. This temperature device shall be 

operated at all times when the device 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 INCINERATOR shall be conspicuously posted at 

or near the charging door. 

30.3.4 Maintenance shall be performed annually on the unit in accordance with the 

manufacturer’s recommendations. 

30.4 Performance Tests:

30.4.1 To demonstrate initial compliance with ALLOWABLE PARTICULATE EMISSIONS 

the Person shall conduct a performance test following EPA reference 

Method 5 contained in Appendix A, 40 C.F.R. Part 60. 

30.4.2 To demonstrate initial compliance with the OPACITY requirements a PERSON

shall use EPA reference Method 9 in Appendix 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 PERSON shall conduct the required initial performance tests within 60 

days after achieving the maximum production rate at which the affected 

EMISSION UNIT will be operated, but not later than 180 days after initial startup 

of such EMISSION UNIT and furnish the Department 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 PERSON shall conduct an annual Method 9 OPACITY performance test on 

the INCINERATOR. 

30.4.5 All performance testing shall be conducted in accordance with established 

procedures and protocols as contained in Section 14. 

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Amended 07/01/04 30-3 

CC Air Quality Regulations 

30.5 Record Keeping:

30.5.1 The PERSON shall maintain a written log recording the date, the hours of 

operation, temperature readings, and the total weight of the combustible 

materials charged, per day, in the unit. 

30.5.2 The PERSON shall maintain a written log recording the amount of fuel 

consumed on an annual basis. 

30.5.3 The PERSON shall maintain a written log recording the date, time, and results 

of the annual Method 9 Opacity test and when annual maintenance is 

performed. 

30.5.4 The above written records shall be maintained on site and available for 

inspection by the CONTROL OFFICER. 

30.5.5 For each affected INCINERATOR the PERSON shall submit an annual report of the 

amount of natural gas consumed and the total amount of combustible 

materials charged during the calendar year. Such report shall be submitted 

CONTROL OFFICER and shall be due on or before March 31 of each calendar 

year. Upon written notice the CONTROL OFFICER may require more frequent 

reporting. 

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History: Initial Adoption: 

 Amended: September 30, 1983; April 23, 1987; April 24, 2001; December 2, 2003; July 1, 2004.

 

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Amended 07/01/04 32-1 

CC Air Quality Regulations 

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 GASES, VAPORS and 

gas-entrained effluents are: 

32.1.1 INCINERATED at temperatures of not less than 1400o F. for not less than 0.3 

seconds; or 

32.1.2 Processed in a manner determined by the CONTROL OFFICER to be equally 

efficient. 

32.2 This regulation does not apply to any article, machine, equipment or other 

contrivance used exclusively for the processing of food for human 

consumption. 

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History: Amended: April 24, 2001; June 3, 2003; July 1, 2004. 

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Amended 07/01/04 33-1 

CC Air Quality Regulations

CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 33 - CHLORINE IN CHEMICAL PROCESSES

33.1 Applicability

 This section applies to any STATIONARY SOURCE in Clark County which OPERATES a 

CHEMICAL PROCESS in which molecular chlorine gas is generated. Hereafter, 

"chlorine" will mean molecular chlorine gas. 

33.2 Performance Standard 

 The POTENTIAL TO EMIT for chlorine from all EMISSION UNITS related to a specific 

CHEMICAL PROCESS shall be less than one pound per hour. 

33.3 Determination of Potential to EMIT

33.3.1 Within 30 days of the date these regulations become effective, each OWNER

OR OPERATOR of a STATIONARY SOURCE subject to this section shall submit to 

the CONTROL OFFICER, a written estimate of the POTENTIAL TO EMIT for 

chlorine. The estimate shall include the basis and method of calculation. 

33.3.2 Upon receipt of such estimate, the CONTROL OFFICER shall review the same 

to determine whether the estimate is accurate and supported by available 

data. If the estimate is acceptable, the CONTROL OFFICER shall so notify the 

OWNER OR OPERATOR within 20 days of receipt of the estimate. If the 

estimate is not acceptable, the CONTROL OFFICER shall make an independent 

estimate of the POTENTIAL TO EMIT, showing his basis and method of 

calculation. Such independent estimate shall be served upon the OWNER OR

OPERATOR within 30 days after receipt of the estimated POTENTIAL TO EMIT. 

The OWNER OR OPERATOR may appeal the independent estimate of the 

CONTROL OFFICER to the AIR Pollution Control HEARING BOARD by serving a 

written notice of appeal upon the CONTROL OFFICER within 20 days after 

receipt of the CONTROL OFFICER’S independent estimate. In the event no 

such appeal is filed, the CONTROL OFFICER’S independent estimate shall 

become final and binding for the purpose of this section. 

 In the event an appeal is considered, the Air Pollution Control HEARING

BOARD shall review the OPERATOR's original estimate, the CONTROL

OFFICER’S independent estimate, the bases and methods of calculations 

used by each party, and shall make a final determination of the POTENTIAL TO

EMIT for the purpose of this Section 33. 

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CC Air Quality Regulations

33.4 Monitoring Compliance at existing sources with a Potential to EMIT not greater 

than the Performance Standard 

33.4.1 To assure compliance with the Performance Standard, conditions for the 

OPERATING PERMITS shall include numerical standards which can be routinely 

monitored. The numerical standards shall be the criteria regulating chlorine 

EMISSIONS from that STATIONARY SOURCE. For EMISSION UNITS in which the 

chlorine is released through a stack or vent pipe, hereinafter called Type 1 

EMISSION UNITS, the numerical standard shall be equal to the Performance 

Standard. For EMISSION UNITS in which the chlorine is not released through a 

stack or vent pipe, or in which the EMISSIONS from the process equipment 

area are not detectable, hereinafter called Type 2 EMISSION UNITS, the 

numerical standard shall be a quantitative measurement which can be 

performed during an inspection by the CONTROL OFFICER or his 

representative. An example of a quantitative measurement 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 OWNER OR OPERATOR shall submit to the CONTROL OFFICER for his 

approval, a plan for monitoring compliance with numerical standard. The 

plan shall be submitted within 30 days of the date of final determination of the 

POTENTIAL TO EMIT. 

 1) For Type 1 EMISSION UNITS, the plan shall recommend design of the 

sampling method and describe sampling procedures and equipment. 

 2) For Type 2 EMISSION UNITS, 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 may discuss a method for measuring 

background concentrations. 

33.4.3 On or before September 1, 1984, the CONTROL OFFICER shall issue the new 

OPERATING PERMIT conditions. These will include numerical standards and a 

description of the monitoring method. 

33.5 Existing sources with a POTENTIAL TO EMIT greater than the Performance 

Standard 

33.5.1 If the POTENTIAL TO EMIT exceeds the Performance Standard, each OWNER 

OR OPERATOR of such an existing source shall: 

 1) submit for approval, a proposed chlorine EMISSIONS monitoring plan. 

The plan shall: 

 a) specify the design and frequency of sampling to allow 

estimation of the annual average actual EMISSIONS from the 

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chemical process. This shall be submitted within 60 days of 

the date of final determination of the potential to EMIT; 

 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 CONTROL 

OFFICER each year; and 

 2) submit for approval, a proposed Performance Standard compliance 

plan in accordance with the requirements set forth in Subsection 33.7. 

This shall be submitted within 90 days of the date of final 

determination of the potential to EMIT. 

33.5.2 The CONTROL OFFICER shall approve, or modify the chlorine EMISSIONS

monitoring plan and the Performance Standard compliance plan, and notify 

the OWNER OR OPERATOR within 30 days from the date of receipt of same. 

Any modification or rewriting shall 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 CONTROL OFFICER shall issue temporary OPERATING PERMITS for the 

applicable chemical process with permit 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 EMIT greater than the Performance Standard) 

33.6.1 The proposed Performance Standard compliance plan shall provide for the 

following requirements: 

 1) The OPERATOR shall achieve compliance with the Performance 

Standard by August 1, 1988; 

 2) The OPERATOR shall identify critical activities or projects which will be 

accomplished during each calendar quarter until the final compliance 

date; and 

 3) The compliance plan shall describe what equipment and process 

technology will be used to comply with the Performance Standard. 

The description shall be sufficiently detailed so that the CONTROL 

OFFICER can determine if the expected potential to EMIT will meet the 

Performance Standard. 

33.7 New Source Review 

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33.7.1 This subsection applies to any new STATIONARY SOURCE of chlorine 

emissions proposing to locate in Clark County. This subsection also applies 

to an existing STATIONARY SOURCE if new emission units are constructed at 

the existing STATIONARY SOURCE. The collection of new emission units would 

be considered a new STATIONARY SOURCE. 

33.7.2 Each new EMISSION UNIT shall employ process equipment and air pollution 

control equipment designed to maintain the Lowest Achievable Emission 

Rate. 

33.7.3 Each new STATIONARY SOURCE shall also comply with all other Air Quality 

Regulations of the Clark County Board of County Commissioners. 

33.8 Enforcement 

 Any OPERATING PERMIT 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 

CONTROL OFFICER may exercise any of the enforcement options enumerated in 

Subsection 4.7 or Subsection 16.8 of these Regulations. 

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History: Amended: May 18, 1984; April 24, 2001; June 3, 2003; July 1, 2004. 

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CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 35 - DIESEL ENGINE POWERED ELECTRICAL 

GENERATING EQUIPMENT

Definitions:

DISPATCHABLE PEAK SHAVING: A program by which Peak Shaving operations will be 

scheduled and controlled by the serving public utility to 

those times essential to maintain a reliable, area-wide, 

supply source of electrical energy. 

EMERGENCY STANDBY DIESEL POWERED GENERATOR: 

A diesel power electric generator permanently installed 

on the users' property to provide electrical energy on an 

emergency and standby basis for 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 lights, fire pumps, and other life 

safety functions as required by the Uniform Building 

Code and the Uniform Fire Code. 

35.1 EMERGENCY STANDBY DIESEL POWERED GENERATOR 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 Uniform Building Code and the Uniform Fire 

Code; 

 b) DISPATCHABLE PEAK SHAVING purposes for up to 150 hours each per year. 

35.2 EMERGENCY STANDBY DIESEL POWERED GENERATOR installed prior to January 1, 

1991, and installed with equipment capable of peak shaving or DISPATCHABLE

PEAK SHAVING 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; 

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 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) DISPATCHABLE PEAK SHAVING purposes up to 150 hours per year. 

35.3 EMERGENCY STANDBY DIESEL POWERED GENERATOR 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 purposes up to 150 hours per year commencing 

June 1, 1991. 

35.4 OPERATING PERMIT conditions, generally discussed in Section 16, shall include 

these regulations. 

 a) Owners of diesel powered electrical 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 OPERATING PERMIT conditions can be prepared. 

 

 b) Notification shall include sufficient documentation to assure the CONTROL

OFFICER that the peak shaving equipment had been installed prior to January 

1, 1991. 

35.5 Area of Applicability

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

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SECTION 40 - PROHIBITIONS OF NUISANCE CONDITIONS

40.1 No PERSON shall cause, suffer or allow the discharge from any source 

whatsoever such quantities of air contaminants or other material which cause 

a NUISANCE. 

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History: Amended: May 18, 1984; May 17, 2001; June 3, 2003, July 1, 2004. 

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SECTION 41 - FUGITIVE DUST

41.1 Prohibitions: 

41.1.1 Any PERSON engaged in activities involving the dismantling or demolition of 

buildings, grubbing, grading, clearing of land, public or private construction, 

the operation of machines and equipment, the grading of roads, trenching 

operations, the operation and use of UNPAVED PARKING facilities, 

AGRICULTURAL OPERATIONS, use and operation of live stock arenas, horse 

arenas and feed lots, and operation and use of raceways for MOTOR

VEHICLES shall take all reasonable precautions to abate FUGITIVE DUST from 

becoming airborne from such activities. Reasonable precautions may 

include, but are not limited to the conditions agreed upon in the Department 

of Air Quality and Environmental Management permit for the project, 

sprinkling, compacting, enclosure, chemical, or asphalt sealing, cleaning up, 

sweeping, or such other measures as the CONTROL OFFICER may specify to 

accomplish satisfactory results; 

41.1.1.1 The following circumstances represent examples of FUGITIVE DUST becoming 

airborne: 

 

 a) a visible plume of dust, resulting from construction activities, which 

extends more than 100 yards from the point of origin or beyond the 

nearest property line, whichever is less; 

 b) visible dust EMISSIONS on an unpaved road at a construction site 

being used by haul trucks; 

 c) visible dust EMISSIONS 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 dust 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 including an Order to take Corrective Action 

for which no penalty will be assessed. 

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41.1.2 No person shall cause or permit the 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 operation will not be permitted unless effective 

enclosures or other such dust control devices including but not limited to the 

injection of water have been installed 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 designated boundaries of the Non-Attainment 

Area as defined in Section 1 of these Regulations unless adequate dust 

control measures are provided and approved in advance by the CONTROL

OFFICER. 

41.2.2 Motocross racing will only be permitted 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 Regulations, shall be registered with and 

permitted by the CONTROL OFFICER in accordance with Subsections 15.1 and 

15.6. 

41.3 Correction of condition:

41.3.1 If loose sand, dust, or dust particles are found to exist in excess of 

acceptable limits, as determined by the CONTROL OFFICER, the CONTROL

OFFICER shall notify the owner, lessee, occupant, operator, or user of said 

land that said situation is to be corrected within a specified period of time, 

dependent upon the scope and extent of the problem. The failure to correct 

said situation within the specified period of time shall be in violation of this 

section. 

41.4 Remedial Action: 

41.4.1 The CONTROL OFFICER, 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 OWNER, 

occupant, OPERATOR, or any tenant, lessee, or holder of any possessory 

interest or right in the involved land fails to do so. 

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41.5 Costs: 

41.5.1 Any cost incurred in connection with any such remedial or corrective action 

by the Clark County Board of County Commissioners or any person acting 

for the Clark County Board of County Commissioners shall remain in full 

force and effect until any and all such costs shall have been fully paid. 

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History: Amended: June 25, 1992; May 17, 2001; June 3, 2003; July 1, 2004. 

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SECTION 42 - OPEN BURNING

42.1 No PERSON 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 CONTROL

OFFICER. Such exceptions are as follows: 

42.1.1 When in the judgment of the CONTROL OFFICER, 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, educational, 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 OFFICERS 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, when such fire is set on a field used for 

growing crops in the course of disposing of unused portions of a crop and 

intermingled weeds resulting from an agriculture operation; 

42.1.5 Domestic burning of material originating on premises, exclusive of garbage, 

at a property used exclusively 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 construed to prohibit or make unlawful the 

construction and use of private barbecue pits, grills, or outdoor fireplaces for 

the preparation of food for consumption by individuals; nor shall any permit 

from the CONTROL OFFICER be required therefor. 

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42.4 Open burning shall be prohibited during air pollution episode conditions as 

defined in Section 6 of the Implementation Plan for the State of Nevada 

entitled, EMERGENCY EPISODE PLAN. 

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History: Amended: December 28, 1978; May 17, 2001; June 3, 2003; July 1, 2004. 

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SECTION 43 - ODORS IN THE AMBIENT AIR

43.1 An ODOR occurrence shall be deemed a violation when a complaint is 

received and substantiated within two hours by the CONTROL OFFICER. The 

CONTROL OFFICER shall deem the ODOR occurrence a violation if he is able to 

detect the ODOR twice within a period of one hour, if the ODOR is of such a 

nature as to cause a nuisance, and these detections being separated by at 

least 15 minutes. 

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History: Amended: December 28, 1978; May 17, 2001; June 3, 2003; July 1, 2004. 

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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 Commissioners 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 sell, or authorize the planting 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 pollinating 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 Certificate of Exemption from the Air 

Pollution Control Hearing Board. 

44.3.2 To be approved by the Air Pollution Control Hearing Board, the applicant 

must demonstrate to the Board that the low pollinating 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 cultivar for at least three years. 

44.3.3 Exempt trees in inventory at retail outlets and those being delivered to 

landscaping projects, must include a label approved by the CONTROL

OFFICER showing exempt status, date of approval of Certificate until sale to 

consumer. 

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44.3.4 The applicant shall present a distribution plan to the CONTROL OFFICER to 

assure that only exempt trees under the applicant's control will carry the label 

provided for in Subsection 44.3.3. Shipping invoices must show copy of 

Certificate. 

44.3.5 Such certificates expire in three (3) years. The applicant may renew a 

certificate for three (3) year increments. 

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History: Initial Adoption: January 24, 1991. 

 Amended: May 17, 2001; June 3, 2003; July 1, 2004. 

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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 for 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 Pollution Control Hearing Board has issued a 

variance from the requirements of this subsection. A variance is not effective 

during an air pollution emergency episode stage declared by the Department 

of Air Quality and Environmental Management. 

 (b) Which is an emergency vehicle. 

 (c) Used to repair or maintain other MOTOR VEHICLES. 

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

roadway or street. 

 (e) The EMISSION from which is contained and treated by a method approved by 

the CONTROL OFFICER. 

 (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 and Environmental 

Management. 

 (g) Which is idling while maintenance procedures are being performed at a 

repair facility. 

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History: Amended: September 26, 1991; May 17, 2001; June 3, 2003; July 1, 2004. 

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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 OWNER AND/OR OPERATOR of a boiler or steam generator subject to 

this Section shall also comply with all applicable requirements of the Clark 

County Air Quality Regulations, including but not limited to, Sections 12, 

13, 14, 20, and 55. 

 

49.2 Definitions: 

49.2.1 “Boiler and Steam Generator” (hereinafter 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 maximum heat input rating equal to or greater 

than 4.0 MMBtu/hr, installed prior to January 2, 1992, that is MODIFIED or 

RECONSTRUCTED after January 1, 2006. 

 

49.3.2 Combined Heat and Power Units and supplementary duct-fired heat 

recovery steam generators are exempt from this Section. 

49.4 Performance Testing: 

49.4.1 Initial Performance Test: The OWNER AND/OR OPERATOR 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 production 

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rate at which the Boiler will be operated, but not later than 180 days after 

initial startup of such Boiler, and shall demonstrate compliance pursuant to 

Subsection 49.4.3.1. 

49.4.2 Periodic Performance Tests: The OWNER AND/OR OPERATOR of a Boiler 

with a maximum heat input rating equal to or greater than 10.0 MMBtu/hr 

shall conduct periodic performance testing, 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 thereafter, on each Boiler to demonstrate 

compliance pursuant to Subsection 49.4.3.1. 

49.4.2.1 The OWNER AND/OR OPERATOR of a Boiler with a maximum heat input 

rating equal to or greater 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 that 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 OWNER AND/OR OPERATOR 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 accordance with Subsections 49.4.1 and 

49.4.2 shall comply with the 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 CONTROL OFFICER

and in accordance with 40 C.F.R. § 60.8(b) - to demonstrate compliance 

with the emission limitations 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 CONTROL OFFICER with a written report containing 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 Dioxide Concentrations in Emissions from 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 60 

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49.5 Burner Efficiency Tests: 

49.5.1 Initial Burner Efficiency Test: The OWNER AND/OR OPERATOR 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 OWNER AND/OR OPERATOR 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 accordance with the manufacturer’s 

recommendations and specifications for good combustion practices. If the 

manufacturer’s recommendations and specifications are unavailable, the 

OWNER AND/OR OPERATOR may use an alternative method to perform the 

boiler efficiency test upon prior approval from the CONTROL OFFICER. 

49.5.3 For a Boiler with a maximum heat input rating of 10.0 MMBtu/hr or greater, 

the OWNER AND/OR OPERATOR shall perform a burner efficiency test two 

times each year in accordance with Subsection 49.5.1. The OWNER AND/OR 

OPERATOR shall conduct the tests at least 5 months but no more than 7 

months apart during each calendar year. If the Boiler has a permitted 

hourly limit of less than 2,000 hours per year, then the OWNER AND/OR 

OPERATOR 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 OWNER AND/OR OPERATOR shall perform a burner 

efficiency test in accordance with 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 OWNER AND/OR OPERATOR may choose not to perform a 

burner efficiency test on that Boiler during that calendar year. To 

document that the actual hours of operation for that Boiler are zero during 

a calendar year, the OWNER AND/OR OPERATOR shall install an hour meter 

prior to the beginning of that calendar year and maintain written records to 

verify the actual hours of operation 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 OWNER AND/OR OPERATOR may 

perform a burner efficiency test on that Boiler only once during that 

calendar year. To document that the actual hours of operation for that 

Boiler are less than 50 hours, the OWNER AND/OR OPERATOR shall install an 

hour meter prior to the beginning of that calendar year and maintain 

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written records to verify the actual hours of operation during 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 OWNER AND/OR OPERATOR 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 written log of the type of fuel consumed and, on a quarterly 

basis, either the amount of fuel consumed 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 inspection upon request of the CONTROL 

OFFICER; 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 OWNER AND/OR OPERATOR 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 CONTROL OFFICER 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 OWNER AND/OR OPERATOR 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 fuel consumed and, for each quarter of the year, 

either the amount of fuel consumed or the hours of operation. The OWNER 

AND/OR OPERATOR shall submit the annual report to the CONTROL OFFICER

no later than March 31 of each calendar year. 

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History: Initial adoption: 

 Amended: April 23, 1992; May 17, 2001; December 16, 2003; July 1, 2004; December 20, 2005.

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SECTION 50 - STORAGE OF PETROLEUM PRODUCTS

50.1 A PERSON 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 VAPOR pressure of 78 mm Hg (1.5 pounds per 

square inch absolute) or greater under actual storage conditions, unless such 

tank, reservoir or other container is a pressure tank maintaining working 

pressure sufficient at all times to prevent hydrocarbon VAPOR or gas loss into 

the atmosphere, or unless it is designed and equipped with one of the 

following VAPOR LOSS CONTROL DEVICES, 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 petroleum product has 

a VAPOR pressure of 572 mm Hg (11.0 pounds per square inch absolute) or 

greater under actual storage 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, consisting of a vapor gathering system capable of 

collecting the hydrocarbon vapors and gases so as to prevent their EMISSION

to the atmosphere, and with 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 such equipment has first been 

submitted to and approved by the CONTROL OFFICER. 

50.2.1 There shall be no visible holes, tears or other openings in the seal or seal 

fabric of the tank reservoir 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 closed position at all times except when the 

device is in actual use. Automatic bleeder vents are to be closed at all times 

except when the roof is floated off or landed on the roof leg 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. 

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History: Amended: December 28, 1978; June 11, 2001; June 3, 2003; July 1, 2004. 

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CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS

 SECTION 51 - PETROLEUM PRODUCT LOADING INTO TANK TRUCKS 

AND TRAILERS

51.1 A PERSON shall not 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 18925 kiloliters (5,000,000 gallons) annually unless 

such loading facility is equipped with a VAPOR 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 hatches of a tank truck or trailer with a 

loading arm equipped with a VAPOR 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 loading 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 

VAPOR lines shall be equipped with fittings which make vapor-tight 

connections and which close automatically when disconnected. 

51.4 The VAPOR disposal portion of the system shall consist of one of the 

following: 

51.4.1 A vapor-liquid absorber system with a minimum recovery efficiency of 90 

percent by weight of all the hydrocarbon vapors and gases entering such 

disposal system; 

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51.4.2 A variable VAPOR space tank, compressor, and FUEL 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 CONTROL OFFICER. 

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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History: Amended: December 28, 1978; June 11, 2001; June 3, 2003; July 1, 2004. 

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CC Air Quality Regulations 

 CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 52 - GASOLINE DISPENSING FACILITIES

52.1 Applicability ....................................................................................................... 52.1 

(a) Non-major Sources....................................................................................... 52.1 

(b) Major Sources [Reserved] ............................................................................ 52.1 

(c) Exception ...................................................................................................... 52.1 

52.2 Definitions ......................................................................................................... 52.1 

52.3 Registration and Permitting ............................................................................... 52.3 

(a) Prohibition..................................................................................................... 52.3 

(b) Pre-Construction Application ........................................................................ 52.3 

(c) Permitting...................................................................................................... 52.4 

(d) Timeliness..................................................................................................... 52.5 

52.4 Specifications of Vapor Control Systems 

(a) General......................................................................................................... 52.5 

(b) Gasoline Storage Tanks ............................................................................... 52.5 

(c) Stage I Requirements ................................................................................... 52.6 

(d) Stage II Requirements .................................................................................. 52.6 

(e) Stage II Retrofit Impacts on Stage I Systems ............................................... 52.7 

52.5 Performance Testing......................................................................................... 52.7 

 (a) General.........................................................................................52.7 

(b) Initial Performance Testing ........................................................................... 52.7 

(c) Annual Performance Testing of a Balance Vapor Recovery System ............ 52.8 

(d) Annual Performance Testing of an Assist Vapor Recovery System ............. 52.8 

(e) Test Methodologies and Standards .............................................................. 52.9 

(f) Failed Test..................................................................................................... 52.9 

52.6 Inspection Requirements................................................................................... 52.9 

(a) Daily Inspections........................................................................................... 52.9 

52.7 Recordkeeping, Reporting, and Notifications .................................................. 52.10 

(a) Recordkeeping............................................................................................ 52.10 

(b) Log or Record contents............................................................................... 52.10 

52.8 Section 52 Offset Program .............................................................................. 52.11 

(a) Section 52 Offset Requirements................................................................. 52.11 

(b) Section 52 Emission Reduction Credits (ERC) from Retrofitting................. 52.11 

(c) Section 52 Emission Reduction Credit Application Process........................ 52.12 

(d) Assignment of Section 52 ERCs................................................................. 52.12 

(e) Section 52 ERCs from Affected Facility Closure......................................... 52.13 

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52.9 Certification 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 Recovery Tester ............ 52.14 

(c) Contents and Duration of Certificate ........................................................... 52.14 

(d) Renewal of Certificate................................................................................. 52.14 

(e) Standards of Practice ................................................................................. 52.14 

(f) Services for which Certification is Required................................................. 52.15 

(g) Certification Reciprocity .............................................................................. 52.15 

52.10 Miscellaneous................................................................................................. 52.16 

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

Exhibit 1: Certification of Performance Test Results ............................................... 52.19 

Exhibit 2: Annual Through-Put Report and Certification........................................... 52.20 

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52.11 Applicability 

(a) Non-major Sources 

(1) Except as provided in paragraph (c) of this subsection, the provisions of this 

section are applicable to the following affected facilities in the area of 

applicability within Clark County: each GASOLINE DISPENSING FACILITY, and each 

GASOLINE Storage Tank. 

(i) any GASOLINE DISPENSING FACILITY 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 GASOLINE DISPENSING FACILITY, Airplane Refueling Area, and GASOLINE

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 GASOLINE 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 GASOLINE 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. 

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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 VAPOR

tightness and performance standards of underground storage tanks 

and associated Stage I and Stage II VAPOR recovery systems. 

Combined 

Tank Capacity 

means all GASOLINE storage tanks at an affected facility. 

Gasoline means any petroleum distillate having a Reid VAPOR pressure of 4 

pounds per square inch or greater. 

Gasoline 

Dispensing 

Facility 

means a facility, except bulk distribution terminal, capable of receiving, 

storing, and dispensing one or more grades of GASOLINE. 

gasoline 

storage tank 

means (1) underground tank used to store GASOLINE products and has 

a storage capacity equal to or greater than 500 gallons; (2) any above 

ground storage tank used to store GASOLINE products, and has an 

annual through-put of 60,000 gallons per year or more. GASOLINE

storage tanks subject to 40 CFR 60, Subparts K, Ka, Kb, and XX, and 

40 CFR 63, Subpart R, are not affected GASOLINE storage tanks under 

this Section. 

GDF means GASOLINE DISPENSING FACILITY. 

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 individuals, partnership, firm, company, 

corporation, association, trust estate, political subdivision, administrative 

agency, public or quasi-public corporation, or other legal entity. 

Operator A person having responsibility for, the day-to-day operation of a 

GASOLINE 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 GASOLINE VAPOR recovery during transfer of GASOLINE from 

GASOLINE delivery vehicles to stationary tanks used for re fueling MOTOR 

VEHICLES. 

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Stage II means GASOLINE VAPOR recovery during motor vehicle re-fueling 

operations from stationary tanks 

Top Off means to attempt to dispense GASOLINE into a FUEL tank after the VAPOR

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 

VAPOR Control 

System 

means a device or combination of devices into which VAPORs are passed 

before being vented into the atmosphere. 

VAPOR 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 GASOLINE storage tank loading 

operations. 

Year means calendar year unless explicitly stated otherwise. 

52.3 Registration and Permitting

(a) Prohibition 

(1) No PERSON shall construct, build, or modify any affected facility unless an 

application for a GASOLINE DISPENSING AUTHORITY TO CONSTRUCT has been 

submitted to the CONTROL OFFICER. 

(2) A GASOLINE DISPENSING AUTHORITY TO CONSTRUCT shall contain a nonextendible 30-day operation provision to allow for pre-performance test 

operation of the system. 

(3) No PERSON shall commence commercial operation of an affected facility unless 

the CONTROL OFFICER has issued a GASOLINE DISPENSING OPERATING PERMIT or 

as provided in Subsection 52.3(a)(2) above. 

(4) Equipment Installation and Modification: A PERSON shall not install or modify 

Stage I or Stage II GASOLINE VAPOR recovery equipment, exclusive of repair or 

replacement of like parts, unless a GASOLINE DISPENSING AUTHORITY TO

CONSTRUCT VAPOR recovery controls has been obtained from the CONTROL 

OFFICER. 

(b) Pre-Construction Application 

(1) The OWNER OR OPERATOR of a new or modified affected facility shall 

submit the following pre-construction information: 

(i) Landowner’s name, address and phone number; 

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(ii) AFFECTED FACILITY owner’s name, address and phone number; 

(iii) AFFECTED FACILITY operator’s name, address and phone number, 

if different from (b) above; 

(iv) A street site map identifying all buildings or structures on the facility 

including property boundaries; 

(v) A block diagram of each process at the AFFECTED FACILITY listing 

all EMISSIONS UNITS associated with the process; 

(vi) Brief general description of the new AFFECTED FACILITY or 

MODIFICATION; 

(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 (gallons per month, maximum); 

(xii) Schedule of operation (hrs/day)(days/wk)(wks/yr); 

(xiii) Description of Stage I and Stage II equipment; 

(xiv) Anticipated construction schedule including 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 pursuant to Subsection 52.11(a) of the Air 

Quality Regulations. 

(2) The potential to EMIT (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 OWNER OR OPERATOR of each new or modified affected facility shall apply 

for an Authority to Construct certificate, and pay an Application fee in 

accordance with Subsection 52.11(a) prior to commencing construction. 

(c) Permitting 

(1) “GASOLINE Dispensing Authority to Construct” and “GASOLINE DISPENSING

OPERATING PERMIT” are issued pursuant to Subsection 52.3(a) 

(2) Failure to obtain a “GASOLINE DISPENSING AUTHORITY TO CONSTRUCT” prior to 

commencing operation is a violation of this section. 

(3) Except as provided in Subsection 52.3(a)(2), failure to obtain a “GASOLINE

DISPENSING OPERATING PERMIT” prior to commencing commercial operations is 

a violation of this section. 

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(4) Failure to comply with the conditions of the “GASOLINE DISPENSING AUTHORITY

TO CONSTRUCT” or “GASOLINE DISPENSING OPERATING PERMIT”, 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 CONTROL OFFICER shall issue a determination of completeness 

(i) if the application is declared incomplete, then, upon receipt of an amended 

application, the 30-day period for determination of completeness shall 

recommence 

(ii) if the application is declared complete, then, within 30 days from the date 

of determination of completeness, the CONTROL OFFICER shall issue an 

Authority to Construct 

52.4 Specifications of VAPOR Control Systems

(a) General 

(1) An affected facility shall not dispense GASOLINE unless: 

(i) the Stage I and Stage II VAPOR Recovery equipment is CARB certified and 

has a rated VAPOR collection efficiency of 95% or more; and 

(ii) the Stage I and Stage II VAPOR Recovery equipment shall be maintained 

and operated in a VAPOR tight and leak free manner, pursuant to the 

manufacturer’s specifications. 

(2) If a fire protection agency requires a VAPOR shear valve on the VAPOR return 

line at the base of the dispenser, then the shear valve shall be CARB approved 

and Underwriters Laboratories (UL) listed. 

(i) If a shear valve is installed, then the valve shall be attached to a fixed 

structure. 

(3) The CONTROL OFFICER shall tag, as "Out of Order", any Stage I or Stage II 

VAPOR Recovery system, or any component thereof, that is defective. No 

PERSON shall use, or permit the use of, any component or system until such 

defect has been repaired, replaced, or adjusted; and the CONTROL OFFICER has 

been notified of the completed repairs. The “Out Of Order” tag number shall 

be recorded in the “Daily Log” by the PERSON making the repairs, who shall 

sign and return the repair tag to DAQEM within 10 days of the completion of 

said repairs. 

(4) Operating Instructions. Each affected facility using a balance VAPOR recovery 

system, shall conspicuously display operating instructions. Such operating 

instructions shall: 

(i) clearly describe how to dispense fuel correctly with a bellows, VAPOR

recovery nozzle; 

(ii) include a warning that “Topping Off” may result in spillage or recirculation 

of GASOLINE, and that such practices are prohibited; and 

(iii) include a prominent display of the DAQEM’s telephone number. 

(b) GASOLINE Storage Tanks 

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(1) No PERSON shall load, or permit the loading of GASOLINE into any GASOLINE

storage tank unless such tank is equipped with a CARB certified Stage I VAPOR

recovery system. 

(2) Fugitive EMISSIONS generated during GASOLINE storage tank loading operations 

shall be prevented by using the best available equipment and by good 

operating practices. 

(3) GASOLINE storage tank loading includes, but is not limited to, connecting and 

disconnecting VAPOR and fill hoses, and transfer of GASOLINE products. 

(i) For the filling of the underground storage tanks from a tanker truck, VAPOR

recovery hoses shall be connected first on and last off. 

(ii) All underground tank loading operations shall require the use of a spill 

bucket to capture product spillage during normal delivery operations. 

(4) Each GASOLINE 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 GASOLINE VAPOR recovery equipment shall be: 

(i) installed as required 

(ii) operated as recommended by the manufacturer; and 

(iii) maintained Leak Free, VAPOR Tight and in good working order. 

(iv) The GASOLINE fill connector shall be VAPOR-tight; and 

(v) The VAPOR return line to the tank truck shall be VAPOR 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 conditions that include, but are not limited to the 

following: 

(i) VAPOR 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) VAPOR return line malfunctions, blockages, or restrictions (including 

components such as swivels, anti-recirculation valves, shear valves, 

underground piping, etc) 

(vi) inoperative VAPOR processing unit(s). 

(vii) inoperative or defective vacuum producing devices; 

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(viii) Any equipment defect that is identified in a CARB certification of an 

approved system as substantially impairing the effectiveness of the 

system in reducing refueling VAPOR EMISSIONS. 

(ix) Each Stage I VAPOR 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 disconnection of any component that is part of 

the approved system. 

(xi) damaged nozzle face plates and/or flexible cones that do not make a good 

seal and have more than 1⁄4 of the circumference of the face plate or 

flexible cone damaged or missing. 

(e) Stage II Retrofit Impacts on Stage I Systems 

(1) Retrofit of a balanced Stage II system to a VAPOR 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 system must be installed if there are modifications to 

the UST, UST system (excluding product 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 greater than 3,640,000 

gallons per year, a two-point fill pipe system must be installed. 

52.5 Performance Testing 

(a) General 

(1) For each initial and annual performance test, the OWNER OR OPERATOR 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 

OWNER OR OPERATOR shall submit a report containing 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 subsection, each performance test shall be 

conducted by a Certified Tester. 

(5) If, after the seven (7) days notice for an initially scheduled performance test, 

there is a delay (due to operational problems) in conducting any rescheduled 

performance test required in this section, the OWNER OR OPERATOR of an 

affected facility shall submit a notice to the CONTROL OFFICER at least 48 hours 

prior to any rescheduled performance test. 

(b) Initial Performance Testing 

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(1) Each new or modified affected facility 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 “GASOLINE Dispensing 

OPERATING PERMIT” will be issued. 

(i) The OWNER OR OPERATOR shall notify the Compliance Supervisor, 

DAQEM, of the date of issuance of a “Certificate of Occupancy”. Such 

written notification shall consist of a copy of the “Certificate of Occupancy”. 

(2) If an affected facility fails to pass the first initial performance test, then 

subsequent initial performance test shall be conducted, and a non-refundable 

$150 inspection fee shall be paid for each test, until the affected facility passes 

the initial performance test. 

(3) If repairs to the UST or Stage I controls were effected to pass the performance 

test, the report must contain the appropriate jurate and signature of a Nevada 

Certified Tank Handler, Tester of Underground Storage Tanks, or 

Environmental Manager. 

(4) Commencing July 1, 1996, initial performance testing shall be conducted by a 

certified Stage II VAPOR Recovery tester in the presence of a representative of 

the District. 

(c) Annual Performance Testing of a Balance VAPOR Recovery System 

(1) Each OWNER OR OPERATOR of any affected facility shall conduct a Balance 

System Inspection and submit a report of the 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 System Inspection shows a loss of system 

integrity, which is not part of the daily inspection requirement (Subsection 

52.6(a)), then the CONTROL OFFICER may require the OWNER OR OPERATOR to 

conduct the following: 

(i) Static Pressure Decay Test; and 

(ii) Dynamic Back-pressure Test. 

(3) Nothing in this subsection shall be construed as preventing the CONTROL 

OFFICER 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 controls were effected to pass the performance 

test, the report must contain the appropriate jurate and signature of a Nevada 

Certified Tank Handler or Environmental Manager. 

(d) Annual Performance Testing of an Assist VAPOR Recovery System 

(1) Each OWNER OR OPERATOR of an affected facility shall 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. 

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(2) In addition to the test listed above, any affected facility equipped with Healy 

400 or 600 Stage II VAPOR Recovery systems shall conduct a test on the 

VAPOR 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-pressure 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 VAPOR Recovery 

systems shall conduct a test on the VAPOR return line using test method CC-TP 

95-3. 

(3) The OWNER OR OPERATOR 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 “GASOLINE Dispensing OPERATING 

PERMIT” and shall not commence commercial operation(s) except as provided 

in the “GASOLINE 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 Compliance 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 CONTROL 

OFFICER may require the OWNER OR OPERATOR to conduct a re-test in the 

presence of a representative of the District. 

(4) Any control equipment and associated GASOLINE dispensing equipment that 

fails to meet the standards of the applicable performance test shall be tagged 

as "Out of Order". No PERSON 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 CONTROL OFFICER has 

been notified. 

 

52.6 Inspection Requirements 

(a) Daily Inspections 

(1) Each affected facility shall conduct daily inspections of the Stage II VAPOR

recovery systems for defects in the following component(s) of said VAPOR

recovery system(s): 

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(i) VAPOR 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 cone. The extent of the damage shall be 

less than one fourth (1/4) of the circumference of the face plate or flexible 

cone. 

(iv) VAPOR 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 flare devise as an integral 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, Reporting, 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 stored on-site at all times, and shall be made 

available to the CONTROL OFFICER upon request. 

(i) Exception: The current calendar month, 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 available no later than 12:00 p.m. on the 

next regularly scheduled District workday. 

(3) If the affected facility is routinely unmanned during regular 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 description of the maintenance; 

(iii) the date the equipment was taken out-of-service; 

(iv) the date of repair or replacement; 

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(v) a general description of the part location (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 facilities are exempt from the requirements of 

Subsection 52.6 (Inspection Requirements): 

(1) Each affected facility used exclusively for the refueling of watercraft, or 

implements of agriculture; and 

(2) Each affected facility for dispensing GASOLINE into MOTOR VEHICLES that 

commenced construction before January 1, 1991 and has an annual 

throughput of less than 96,000 gallons of GASOLINE. 

(d) Reporting 

(1) Annual Through-put 

(i) The OWNER OR OPERATOR of an affected facility shall submit an annual 

report of the total GASOLINE through-put. The report is due on or before 

January 30 of each year, and shall contain 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 submitted 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 affected 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 signed Certification form, i.e., Exhibit 1. 

(e) Notifications [Reserved] 

52.8 Section 52 Offset Program; all provisions and requirements of this 

subsection expire on December 31, 2004.

(a) Section 52 Offset Requirements 

(1) Any new or modified affected facility whose annual through-put is more than 

3,640,000 gallons of gasoline per year, shall offset all EMISSIONS at a rate of 2 

tons of offset for each 1 ton of EMISSIONS. 

(2) Offsetting shall be accomplished by obtaining Section 52 EMISSION REDUCTION 

CREDITS (ERCs) by the following methods: 

 (i) from Subsection 52.8(b) (Section 52 ERCs from Retrofitting); or 

(ii) from Subsection 52.8(d) (Assignment of Section 52 ERCs); or 

(iii) from Subsection 52.8(e) (Section 52 ERCs from Affected Facility 

Closure);or 

(iv) from any PERSON holding valid and transferable Section 52 EMISSION

REDUCTION CREDITS pursuant to (i) through (iv), above. 

(3) Section 52 ERCs shall be obtained and submitted to the CONTROL OFFICER

within thirty (30) days from notification (Assessment) that: 

(i) an Offset obligation exist; and 

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(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 EMISSION REDUCTION CREDITS (ERC) from Retrofitting 

(1) An OWNER OR OPERATOR of an affected facility who installs Stage II VAPOR

Recovery controls to an existing affected facility (i.e., commenced construction 

prior to January 1, 1991), may apply to the CONTROL OFFICER for a Section 52 

ERC; provided such credit is enforceable, permanent, and quantifiable. The 

units of the credit are tons per year of Volatile Organic Compound (VOC). 

(2) The CONTROL OFFICER will award a Certificate of Section 52 EMISSION

REDUCTION CREDIT upon final approval of the installation of Stage II VAPOR

Recovery controls. 

(3) The credit will be calculated as follows: 

E 0.8

a -b c a = Q ⎡

⎣

⎢ ⎤

⎦

⎥ 2000

where 

Ec = creditable EMISSIONS (tons per year) 

A = uncontrolled Stage II EMISSIONS(=0.0110 pounds per gallon, AP-42 Table 5.2-7, 5th

edition) 

B = controlled Stage II EMISSIONS (= 0.0011 pounds per gallon, AP-42 Table 5.2-7, 5th

edition) 

Qa = average of 3-calendar year’s actual annual through-put (gallons per year) 

2000 = conversion factor (pounds per ton) 

(c) Section 52 EMISSION REDUCTION CREDIT Application Process 

(1) Upon final approval of the Installation of Stage II VAPOR Recovery controls, the 

OWNER OR OPERATOR of an affected facility may submit an application for 

Section 52 EMISSION REDUCTION CREDITS. 

(2) After verification of the installation of Stage II VAPOR Recovery equipment and 

the payment of all applicable fees, the CONTROL OFFICER shall issue a 

Certificate of Section 52 EMISSION REDUCTION CREDIT within (30) thirty days 

from the date of payment of all applicable fees. This certificate officially 

registers the affected facility, and documents the amount of Section 52 ERCs 

on deposit in the Section 52 EMISSION REDUCTION CREDIT Bank that are eligible 

for sale or transfer. 

(3) Section 52 ERC Filing Fee. Each OWNER OR OPERATOR 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 are 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 PERSON that installs the underground Stage II equipment shall be entitled 

to 50% of the Section 52 ERCs granted, and the PERSON that maintains the 

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above ground Stage II equipment shall be entitled to 50% of the Section 52 

ERCs granted. 

(2) On and after September 25, 1997, any affected facility, not located in the area 

of applicability and choosing to install Stage II VAPOR recovery equipment, may 

petition the CONTROL OFFICER for Section 52 ERCs. 

(i) The PERSON that pays for the installation of the Stage II VAPOR 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 OWNER OR OPERATOR of any affected facility who permanently closes that 

facility may petition the CONTROL OFFICER for Section 52 ERCs provided that 

Stage II VAPOR Recovery is installed, fully operable, and has passed the 

annual performance test. 

(2) The amount of bankable Section 52 ERCs 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 VAPOR Recovery 

(1) An applicant for certification as a Stage II VAPOR Recovery tester shall be: 

(i) of good character and reputation as determined by the District upon 

review of the applicants references. Certification shall be denied if such 

review indicates that the applicant fails to meet all applicable standards; 

and 

(i) an independent contractor whose principle 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 Tester 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 application review fee of $50; 

(iii) A specific record of direct participation in at least 30 Stage II VAPOR

Recovery tests for each test category in the last five (5) years. Test 

categories include Leak and Decay, Nozzle Performance, Static Pressure 

Decay, Dynamic Back-pressure, Blockage, Air to Liquid Ratio, Flow Test. 

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For the purposes of this subsection, a Healy VAPOR 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 VAPOR

recovery; 

(v) Three letters of reference from other unrelated natural PERSONs with 

experience in Stage II VAPOR 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 VAPOR Recovery Tester 

(1) The District shall provide a written 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 written examination is eligible for a reexamination after six (6) weeks. A new application and new application fee is 

required after failing two (2) consecutive written examinations. 

(5) Each application for certification will remain 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 expiration of the certificate; 

(iv) the specific classification of certification; and 

(v) the name and address of employer. 

(2) The certificate shall expire two (2) years 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 renewal of the certificate 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 fifteen (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; 

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(B) meet the current standard of the profession; and 

(C) comply with federal, state and local 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 certificate at the location where he/she is 

supervising work. Upon the request of the District, client or potential client, 

a holder of a certificate shall present his certificate for inspection; 

(iv) make a written report to the facility OWNER OR OPERATOR, within twentyfour (24) hours, upon the failure of a GDF to meet the standards required 

by the applicable tests, and advise that OWNER OR OPERATOR 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 PERSON to perform any part of his/her 

work which requires a level of service 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 interest or other circumstances which could influence 

his/her judgment or the quality of the services he provides; 

(viii) maintain a written record of each project, requiring a certified Stage II 

VAPOR Recovery Tester, for three (3) years after the project is completed; 

and 

(ix) maintain a bound field log book of inspections for which the tester has 

supervised, participated, and/or performed. 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 PERSON effecting repairs; and 

(4) the results of the subsequent performance test. 

(2) Certification may be suspended, revoked or denied for renewal if the District 

determines that the certificate holder has not performed in accordance with 

these standards. 

(f) Services for which Certification is Required 

(1) A PERSON shall not provide Certified Stage II VAPOR Recovery testing services, 

unless those services are performed under the direction and responsible 

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control of a natural PERSON who has obtained certification 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 PERSON 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 for the full duration of the 

tests. 

(g) Certification Reciprocity 

(1) A natural PERSON who is certified by another state or organization, and that 

state or organization is recognized by the District, then the District may issue a 

Stage II VAPOR Recovery tester certificate to such PERSON without requiring the 

provisions of Subsection 52.9(b) being met. 

(2) A natural PERSON 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 recognized by the District in 

the classification for which he/she is applying for certification in this 

Section. 

52.10 Miscellaneous

(a) VAPOR laden tank trucks shall be refilled only at facilities equipped with a VAPOR

control system in accordance with Subsection 51.4 of these Regulations. 

(b) No PERSON shall fill or top off, or permit the filling or topping off, of GASOLINE tanks 

of MOTOR VEHICLES to a level which allows spillage of such GASOLINE. 

(c) No PERSON shall operate an airplane refueling area unless the affected facility is 

equipped with a CARB certified Stage I VAPOR recovery system. 

52.11 Fees 

(a) GASOLINE Dispensing Facilities are subject to the following: 

(1) Application Fee $236.00 

(2) Application Review Fee none 

(3) Annual EMISSIONS Units Fee: 

(i) Each GASOLINE storage tank at any GASOLINE DISPENSING 

FACILITY, excluding bulk terminals 

$56.00 

(4) Transfer of a GASOLINE DISPENSING FACILITY OPERATING PERMIT

from one PERSON to another. 

$100.00 

(5) Replacement of each lost or destroyed Authority to Construct or 

OPERATING PERMIT. 

$ 25.00 

(6) Request for Hearing before the DAQEM HEARING BOARD, which 

is Applicable to each Variance, Appeal, or Compliance Schedule 

$140.00 

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(non-refundable fee): 

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

adjustment 

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

EMISSIONS (except CO which shall be pad at $11 per ton) when 

non-major sources become subject to the provisions of 

Section 19 (Part 70 OPERATING PERMITs) 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. 

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History: Amended: September 3, 1981; April 23, 1997; January 24, 1991; October 27, 1994; April 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. 

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Figure 52-1 Stage I Area of Applicability 

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Figure 52-2 Stage II Area of Applicability

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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 VAPOR Recovery systems: VAPOR 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 examined, 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 information or omitting required statements and 

information including the possibility of fine and/or imprisonment. 

Signature of Responsible Official 

Printed or Typed Name, and Title 

Date 

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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 GASOLINE (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 examined, 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 information or omitting required statements and 

information including the possibility of fine and/or imprisonment. 

Signature of Responsible Official 

Printed or Typed Name, and Title 

Date 

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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 LAS

VEGAS VALLEY, the Eldorado Valley, the Ivanpah 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 GASOLINE shall be 

supplied, or sold by any person intended as a final product for fueling MOTOR

VEHICLES, or sold at retail, or sold to a private or a municipal fleet, for 

consumption or introduced into MOTOR VEHICLE by any person, unless the 

GASOLINE has at least 3.5 percent oxygen content by weight. 

53.2.2 The requirements of Subsection 53.2.1 shall apply solely to GASOLINE that is 

introduced into commerce within the 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 demonstrated ability to reduce vehicular 

emissions of carbon monoxide in amounts 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 CONTROL OFFICER shall immediately 

lock and tag any associated dispensing nozzles as “out of order” until such 

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time the CONTROL OFFICER 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 CONTROL 

OFFICER has determined compliance. 

53.2.4 From October 1 to March 31: GASOLINEs with an octane rating of 98 or 

greater (R+M)/2 shall contain a minimum 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 GASOLINEs. 

53.3 All OXYGENATED GASOLINE shall be labeled at the dispensing pump and contain 

the following statement: The GASOLINE dispensed from this pump is 

oxygenated and will reduce carbon monoxide pollution from motor vehicles. 

53.3.1 The label shall be placed 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 contrasting with the intended background. 

53.3.3 The label may include the length of the mandate season and percent 

oxygenate content and other information. 

53.4 OXYGENATED GASOLINE Invoice Documentation:

53.4.1 All fuel delivery invoices, notes or orders for GASOLINE 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 estimated 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 GASOLINE storage tank received its last delivery before September 15, 

GASOLINE dispensed from that tank will be exempt from enforcement 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. 

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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 regarding the results of the OXYGENATED GASOLINE

program. 

53.6.1 This will include an analysis of costs and benefits, investigations of 

complaints, enforcement activity, and best estimates of air quality 

improvements resulting from the program. 

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History: Initial Adoption: November 17, 1988. 

 Amended: June 28, 1990; July 25, 1991; July 22, 1993; October 27, 1994; July 27, 1995; August 22, 1996; 

September 25, 1997; June 11, 2001; June 3, 2003; July 1, 2004. 

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Suspended by the Board of County Commissioners, 

Effective 09/29/09 

CLARK COUNTY 

AIR QUALITY REGULATIONS

 

SECTION 54 - CLEANER BURNING GASOLINE (CBG): WINTERTIME 

PROGRAM

DEFINITIONS 

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

“BARREL” means 42 U.S. gallons. 

"BULK PURCHASER-CONSUMER" means a PERSON that purchases or otherwise 

obtains GASOLINE in bulk and then dispenses it into the fuel tanks or MOTOR 

VEHICLES owned or operated by the PERSON. 

"BULK PLANT" means an intermediate GASOLINE distribution facility where delivery 

of GASOLINE to and from the facility is solely by truck. 

“CAP” or absolute limit means a standard that applies to all GASOLINE whenever it 

is sold or supplied throughout the distribution system. 

"CBG OR CLEANER BURNING GASOLINE" means: 

(A) GASOLINE sold, intended for sale, or made available for sale as 

a MOTOR VEHICLE fuel in Clark County Nevada; and 

(B) GASOLINE that the PRODUCER knows or reasonably should know 

will be offered for sale or supply at an out-of-state terminal or 

BULK PLANT at which it will be identified as GASOLINE suitable for 

sale as a MOTOR VEHICLE fuel in Clark County, Nevada. 

"CBGBOB OR CLEANER BURNING GASOLINE BLENDSTOCK FOR OXYGENATE 

BLENDING, means a petroleum-derived liquid which is intended to be, or is 

represented as, a product that will constitute CBG upon the addition of a 

specified type and percentage (or range of percentages) of OXYGENATE to the 

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product after the product has been supplied from the PRODUCTION or IMPORT 

FACILITY at which it was produced or imported. 

“DESIGNATED ALTERNATIVE LIMIT OR DAL” means an alternative GASOLINE

specification limit, expressed in the nearest part per million by weight for sulfur 

content, nearest tenth percent by volume for aromatic hydrocarbon content, 

which is assigned by a PRODUCER or IMPORTER to a FINAL BLEND of CBG pursuant 

to Section 54.4. 

"FINAL BLEND" means a distinct quantity of GASOLINE or a batch of CBG or 

CBGBOB at a PRODUCTION FACILITY 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 imported into Clark County via either railway tankcars or 

trucks. 

"FURTHER PROCESS" means to perform any activity on GASOLINE, including 

distillation, treating with hydrogen, or blending, for the purpose of bringing the 

GASOLINE into compliance with the standards in this Section. 

"GASOLINE" means any fuel that is commonly or commercially known, sold or 

represented as GASOLINE. 

"IMPORTED CBG" means CBG which is transported into Clark County, Nevada via 

rail car or tank truck or trailer. 

"IMPORT FACILITY" means the facility at which IMPORTED CBG or CBGBOB is first 

received in Clark County, Nevada, including, in the case of GASOLINE or 

CBGBOB imported by cargo tank and delivered directly to a facility for dispensing 

GASOLINE into MOTOR VEHICLES, the cargo tank in which the CBG or CBGBOB is 

imported. 

"IMPORTER OF CBG" means any PERSON who first accepts delivery in Clark 

County, Nevada of IMPORTED CBG. 

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

"OXYGENATE" is any oxygen-containing, ashless, organic compound, such as an 

alcohol or ether, which, when added to GASOLINE increases the amount of 

oxygen in GASOLINE. 

"OXYGENATE BLENDING FACILITY" means any facility (including a truck) at which 

OXYGENATE is added to GASOLINE or blendstock, and at which the quality or 

quantity of GASOLINE is not altered in any other manner except for the addition of 

deposit control additives or other similar additives. 

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"OXYGENATE BLENDER" means any PERSON who owns, leases, operates, controls, 

or supervises an OXYGENATE BLENDING FACILITY, or who owns or controls the 

blendstock or GASOLINE used or the GASOLINE produced at an OXYGENATE 

BLENDING FACILITY. 

“PRODUCE” means, except as otherwise provided in section (a) or (b) below, to 

convert liquid compounds which are not GASOLINE into GASOLINE. When a 

PERSON blends volumes of blendstocks which are not GASOLINE with volumes of 

GASOLINE acquired from another PERSON, and the resulting blend is GASOLINE, 

the PERSON conducting such blending has produced only the portion of the blend 

which was not previously GASOLINE. When a PERSON blends GASOLINE with other 

volumes of GASOLINE, without the addition of blendstocks which are not GASOLINE, 

the PERSON does not produce GASOLINE. 

(a) Where a PERSON supplies GASOLINE to a REFINER who agrees in 

writing to FURTHER PROCESS the GASOLINE at the REFINER’s REFINERY

and to be treated as a PRODUCER of the GASOLINE, the REFINER shall be 

deemed for all purposes under this article to be the PRODUCER of the 

GASOLINE. 

(b) Where a PERSON blends OXYGENATES into GASOLINE which has already 

been supplied from a GASOLINE PRODUCTION FACILITY or IMPORT 

FACILITY, and does not alter the quality or quantity of the GASOLINE in 

any other way, the PERSON does not produce GASOLINE. 

"PRODUCER" means any PERSON who owns, leases, operates, controls or 

supervises a PRODUCTION FACILITY. 

"PRODUCTION FACILITY" means a facility at which CBG or CBGBOB is produced. 

Upon request of a PRODUCER, the Department of Air Quality and Environmental 

Management may designate, as part of the PRODUCER's PRODUCTION FACILITY, a 

physically separate bulk storage facility which (A) is owned or leased by the 

PRODUCER, and (B) is operated by or at the direction of the PRODUCER and (C) is 

not used to store or distribute CBG or CBGBOB that is not supplied from the 

PRODUCTION FACILITY. 

 

"REFINER" means any PERSON who owns, leases, operates, controls or 

supervises a REFINERY. 

"REFINERY" means a facility that produces liquid fuels by distilling petroleum. 

"SUPPLY" means to provide or transfer a product to a physically separate facility, 

vehicle, or transportation system. 

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54.1 Applicability of Standards; Additional 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 MOTOR VEHICLES at a retail outlet or BULK PURCHASER CONSUMER

facility. 

54.1.2 Unless otherwise specifically provided, 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 MOTOR VEHICLES

at a retail outlet or BULK PURCHASER-CONSUMER facility, 

where the PERSON selling, offering, or supplying the 

GASOLINE demonstrates as an affirmative defense that the 

exceedance of the pertinent standard was caused by 

GASOLINE delivered to the retail outlet or BULK PURCHASERCONSUMER facility prior to October 15th. If a GASOLINE

storage tank received its last delivery before October 15th, 

GASOLINE dispensed from that tank 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 1st. 

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

(1) the REFINER FURTHER PROCESSES the GASOLINE at the 

REFINER's REFINERY prior to any subsequent sale, 

offer for sale, or supply of the GASOLINE, and 

(2) in the case of standards applicable only to 

PRODUCERS or IMPORTERS, the REFINER to whom the 

GASOLINE is sold or supplied is the PRODUCER of the 

GASOLINE pursuant to Section 54. 

(c) GASOLINE with an octane rating of 98 or greater (R+m)/2, 

also known as “Racing Fuel”: 

(1) fuel within this category 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: 

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Section 54.3: Election of the Averaging Compliance 

Option for a GASOLINE Supplied from a 

Production or IMPORT FACILITY; 

Section 54.4: DESIGNATED ALTERNATIVE LIMITS; 

Section 54.5: Election of the Flat Limit Option for a 

GASOLINE Supplied from a Production 

or IMPORT FACILITY. 

54.1.4 Registration: Each PRODUCER and IMPORTER OF CBG shall register 

with the Department of Air Quality and Environmental Management 

by August 1, 1999 or in advance of the 1st date that such PERSON

will produce or import CBG or CBGBOB. Registration shall be on 

forms prescribed by the Department of Air Quality and 

Environmental Management and shall include a statement of 

acceptance of the standards and enforcement provisions of this 

regulation; and shall include a statement of consent by the 

registrant that the Department of Air Quality and Environmental 

Management shall be permitted to collect samples and access 

documentation and records. The Department of Air Quality and 

Environmental Management shall maintain 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 PERSON shall sell, offer 

for sale, supply, offer for supply, or transport CBG which has a 

sulfur content exceeding 80 parts per million by weight. 

54.2.1.2 Additional flat sulfur standard for PRODUCERS and IMPORTERS. No 

PRODUCER or IMPORTER shall sell, offer for sale, supply, or offer for 

supply from its PRODUCTION FACILITY or IMPORT FACILITY CBG which 

has a sulfur content exceeding 40 parts per million by weight, 

unless the transaction occurs during a period for which the 

PRODUCER or IIMPORTER has elected to be subject to Subsection 

54.2.1.3. 

54.2.1.3 Sulfur averaging compliance option for PRODUCERS and 

IMPORTERS. A PRODUCER or IMPORTER may designate an “averaging 

compliance” period of any number of days up to the period of 

November 1 through the following March 31. No PRODUCER or 

IMPORTER shall, during such period for which the PRODUCER or 

IMPORTER has elected to be subject to this Subsection (54.2.1.3), 

sell, offer for sale, supply, or offer for supply from its PRODUCTION 

FACILITY or IMPORT FACILITY CBG that on average for the period has 

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a sulfur content exceeding 30 parts per million by weight, unless 

elected: 

(1) A DESIGNATED ALTERNATIVE LIMIT for sulfur content has been 

established for the GASOLINE in accordance with the 

requirements of Subsection 54.4, 

(2) The sulfur content of the GASOLINE does not exceed the 

DESIGNATED ALTERNATIVE LIMIT, and 

(3) Where the DESIGNATED ALTERNATIVE 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 Aromatic Hydrocarbon Content 

54.2.2.1 Maximum aromatic hydrocarbon standard for all CBG. No PERSON

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 hydrocarbon standard for PRODUCERS and 

IMPORTERS. No PRODUCER or IMPORTER shall sell, offer for sale, 

supply, or offer for supply from its PRODUCTION FACILITY or IMPORT 

FACILITY CBG which has a aromatic hydrocarbon content exceeding 

25.0 percent by volume, unless the transaction occurs during a 

period for which the PRODUCER or IMPORTER has elected to be 

subject to 54.2.2.3. 

54.2.2.3 Aromatic hydrocarbon averaging compliance option for 

PRODUCERS and IMPORTERS. A PRODUCER or IMPORTER may 

designate an “averaging compliance” period of any number of days 

up to the period of November 1 through the following March 31. No 

PRODUCER or IMPORTER shall, during such period for which the 

PRODUCER or IMPORTER has elected to be subject to this Subsection 

(54.2.2.3), sell, offer for sale, supply, or offer for supply from its 

PRODUCTION FACILITY or IMPORT FACILITY CBG that on average for 

the period has an aromatic hydrocarbon content exceeding 22.0 

percent by volume, unless elected: 

(1) A DESIGNATED ALTERNATIVE LIMIT for aromatic hydrocarbon 

content has been established for the GASOLINE in 

accordance with the requirements of Subsection 54.4, 

(2) The aromatic hydrocarbon content of the GASOLINE does not 

exceed the DESIGNATED ALTERNATIVE LIMIT, and 

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(3) Where the DESIGNATED ALTERNATIVE LIMIT exceeds 22.0 

percent by volume, the excess aromatic hydrocarbon 

content is fully offset in accordance with Subsection 

54.4.2(2). 

54.3 Election of the Averaging Compliance Option for a Gasoline Supplied 

from a Production or Import Facility 

54.3.1 A PRODUCER or IMPORTER selling or supplying a FINAL BLEND of

GASOLINE from its PRODUCTION or IMPORT FACILITY may elect 

pursuant to this Subsection 54.3.1 to have the FINAL BLEND 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 FINAL BLEND subject to the averaging 

option for a GASOLINE property, the PRODUCER or IMPORTER shall 

notify the Department of Air Quality and Environmental 

Management of such election and of the estimated volume (in 

(BARRELS), the blend identity, the blend batch number, and location 

(including tank numbers) of the FINAL BLEND. 

54.3.3 Once a PRODUCER or IMPORTER has made such an election under 

this Subsection 54.3.3 with respect to a GASOLINE property, all 

FINAL BLENDS subsequently sold or supplied from the PRODUCTION

or IMPORT FACILITY shall be subject to the averaging compliance 

option for that property until the PRODUCER or IMPORTER elects in 

accordance with Subsection 54.5 to have a FINAL BLEND at the 

facility subject to the flat limit compliance option for that property. 

54.4 Designated Alternative Limits 

54.4.1 Assignment of a DESIGNATED ALTERNATIVE LIMIT (DAL). 

(1) A PRODUCER or IMPORTER that has elected to be subject to 

Subsections 54.2.1.3 and/or 54.2.2.3 may assign a 

DESIGNATED ALTERNATIVE LIMIT (DAL) to a FINAL BLEND of 

CBG produced or imported by the PRODUCER or IMPORTER by 

satisfying the notification requirements in this Subsection 

54.4.1. In no case shall a DAL be less than the sulfur or 

aromatic hydrocarbon content, of the FINAL BLEND shown by 

the sample and test conducted pursuant to Section 54.10, as 

applicable. If a PRODUCER or IMPORTER intends to assign 

DALs for more than one GASOLINE specification to a given 

quantity of GASOLINE, the party shall identify the same FINAL 

BLEND for all DALs for the GASOLINE. 

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(2) The PRODUCER or IMPORTER shall notify the Department of 

Air Quality and Environmental Management of the estimated 

volume (in BARRELS), the DESIGNATED ALTERNATIVE LIMIT 

(DAL), the blend identity, the location and the averaging 

compliance period (if known) of each FINAL BLEND receiving 

a DAL. This notification shall be received by the Department 

of Air Quality and Environmental Management when starting 

physical transfer of the GASOLINE from the PRODUCTION or 

IMPORT FACILITY, and in no case less than 12 hours before 

the PRODUCER or IMPORTER either completes physical 

transfer to the common carrier pipeline or commingles the 

FINAL BLEND. 

(3) For each FINAL BLEND receiving a DESIGNATED ALTERNATIVE 

LIMIT, the PRODUCER or IMPORTER shall notify the Department 

of Air Quality and Environmental Management with the 

following information for the FINAL BLEND; final volume, fuel 

properties as determined under Subsection 54.10.6 and date 

and time of the completion of physical transfer from the 

PRODUCTION or IMPORT FACILITY. This notification will be 

provided on the monthly summation report, Subsection 

54.10.11. A FINAL BLEND receiving a DAL can have a date of 

physical transfer prior to November 1 if it can be 

demonstrated that the CBG in that FINAL BLEND is intended 

for sale in Clark County during the period of November 1 

through March 31. 

(4) If, through no intentional or negligent conduct, a PRODUCER

or IMPORTER cannot report within the time period specified in 

54.4.1(2) above, the PRODUCER or IMPORTER may notify the 

Department of Air Quality and Environmental Management 

of the required data as soon as reasonably possible and 

may provide a written explanation 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, DESIGNATED 

ALTERNATIVE LIMITs, shipment volumes, and other such 

parameters as deemed necessary. The sole purpose of this 

data base will be to ensure that the Sulfur and Aromatic 

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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 DESIGNATED 

ALTERNATIVE LIMIT has been assigned. 

 

(1) Offsetting excess sulfur. Before or after the start of physical 

transfer from a PRODUCTION or IMPORT FACILITY of any FINAL 

BLEND of CBG to which a PRODUCER has assigned a 

DESIGNATED ALTERNATIVE LIMIT for sulfur content exceeding 

30 parts per million, the PRODUCER or IMPORTER shall 

complete physical transfer from the same PRODUCTION or 

IMPORT FACILITY of CBG in sufficient quantity and with a 

DESIGNATED ALTERNATIVE LIMIT sufficiently below 30 parts per 

million to offset the mass of sulfur in excess of a limit of 30 

parts per million. Offsetting shipments can have a date of 

physical transfer prior to November 1 if it can be 

demonstrated that the CBG in that FINAL BLEND 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 physical transfer from a PRODUCTION or IMPORT 

FACILITY of any FINAL BLEND of CBG to which a PRODUCER 

has assigned a DESIGNATED ALTERNATIVE LIMIT for aromatic 

hydrocarbon content exceeding 22.0 percent by volume, the 

PRODUCER or IMPORTER shall complete physical transfer from 

the same PRODUCTION or IMPORT FACILITY of CBG in 

sufficient quantity and with a DESIGNATED ALTERNATIVE LIMIT

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 FINAL BLEND is intended for sale during the 

period of November 1 through March 31. Offsetting 

shipments must be completed by March 31. 

54.5 Election of the Flat Limit Option for a GASOLINE Supplied from a 

PRODUCTION or IMPORT FACILITY

54.5.1 A PRODUCER or IMPORTER selling or supplying a FINAL BLEND of 

GASOLINE from its PRODUCTION or IMPORT FACILITY may elect to have 

the FINAL BLEND subject to the flat limit compliance option in 

accordance with this Subsection 54.5.1. No such election may be 

made if there are outstanding requirements to provide offsets for 

the GASOLINE property at the facility. 

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54.5.2 A PRODUCER or IMPORTER shall notify the Department of Air Quality 

and Environmental Management when switching from the 

averaging compliance option to the flat compliance option. This 

notification shall be received by the Department of Air Quality and 

Environmental Management when starting physical transfer of the 

GASOLINE from the PRODUCTION or IMPORT FACILITY, and in no case 

less than 12 hours before the PRODUCER or IMPORTER either 

completes physical transfer to the common carrier pipeline or 

commingles the FINAL BLEND. The PRODUCER or IMPORTER will not 

be required to make further notifications unless and until they 

switch to using the averaging option as described in 54.4.1(2). 

54.5.3 Once a PRODUCER or IMPORTER has made an election under this 

Subsection 54.5.3 with respect to a GASOLINE property, all FINAL 

BLENDS subsequently sold or supplied from the production or IMPORT 

FACILITY shall be subject to the flat limit compliance option for that 

property until the PRODUCER or IMPORTER elects in accordance with 

Subsection 54.3 to have a FINAL BLEND at the facility subject to the 

averaging compliance option for that property. 

54.5.4 Once a PRODUCER or IMPORTER has made an election under this 

Subsection 54.5.4 with respect to a GASOLINE property of a FINAL 

BLEND at a PRODUCTION or IMPORT FACILITY, the PRODUCER or 

IMPORTER may not use any previously assigned DESIGNATED 

ALTERNATIVE LIMIT for that property to provide offsets pursuant to 

the applicable provision in Subsection 54.3 for any FINAL BLEND

sold or supplied from the PRODUCTION or IMPORT FACILITY

subsequently to the election. 

54.6 GASOLINE Subject to PM Alternative Specifications Based on the 

Predictive Model [Reserve] 

54.7 Certified GASOLINE Formulations Resulting in Equivalent Emission 

Reductions Based on MOTOR VEHICLE Emission Testing [Reserve] 

54.8 Exemptions for GASOLINE Used in Test Programs [Reserve] 

54.9 Liability of PERSONs Who Commit Violations Involving GASOLINE that 

Has Not Yet Been Sold or Supplied to a MOTOR VEHICLE

54.9.1 For the purposes of this Subsection, each sale of CBG at retail, and 

each dispensing of CBG into a MOTOR VEHICLE fuel tank, shall also 

be deemed a sale or supply by any PERSON who previously sold or 

supplied such GASOLINE in violation of this Subsection. 

54.10 Sampling, Testing and Recordkeeping 

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54.10.1 The requirements of this Subsection shall apply to each PRODUCER

IMPORTER, or TRANSPORTER 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 Standard); Subsection 54.2.1.3 (Sulfur 

Averaging Compliance Option); Subsection 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 Subsection 54.2, a sampling methodology 

acceptable per ASTM standards shall be used. 

54.10.3 Test Methods - In determining compliance with the standards set 

forth in Subsection 54.2, the test methods presented in Table 1 

shall be used. All identified 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 - Whenever this Subsection provides for 

the use of a specified test method, another test method may be 

used following a determination by the Department of Air Quality and 

Environmental Management that the other method produces results 

equivalent to the results with the specified method. 

54.10.5 The Department of Air Quality 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 

GASOLINE is sold, intended for sale, or made available for sale as a 

MOTOR VEHICLE 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 PRODUCER shall sample and test for the sulfur and aromatic 

hydrocarbon content in each FINAL BLEND of CBG which the 

PRODUCER has produced, by collecting and analyzing a 

representative sample of GASOLINE taken from the FINAL BLEND, 

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using the methodologies specified in Subsections 54.10.2 and 

54.10.3. The PRODUCER shall maintain, for two years from the date 

of each sampling, records showing the sample date, identity of 

blend sampled, FINAL BLEND volume, sulfur, aromatic hydrocarbon 

content. 

54.10.7 Determining whether CBGBOB complies with the standards for 

CBG: If a PRODUCER or IMPORTER has designated a FINAL BLEND 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 specified type and amount of 

OXYGENATE to a representative sample of the FINAL BLEND of 

CBGBOB. 

54.10.8 Each IMPORTER shall sample and test for the sulfur and aromatic 

hydrocarbon content in each shipment of CBG which the IMPORTER 

has imported by railway tankcars, trucks and trailers, by collecting 

and analyzing a representative sample of the GASOLINE, using the 

methodologies specified in Subsections 54.10.2 and 54.10.3. The 

IMPORTER 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 PRODUCER or IMPORTER shall provide to the Department of Air 

Quality and Environmental Management any records required to be 

maintained by the PRODUCER or IMPORTER pursuant to this 

Subsection within 20 days of a written request from the Department 

of Air Quality and Environmental 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 (PRODUCER, IMPORTER, 

Terminals, Pipelines, Truckers, Rail Carriers, Retailers) must 

maintain transfer documents for a minimum of Two (2) years. The 

records as a minimum must contain 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 pursuant to this regulation shall 

provide a Monthly Summation Report to the Department of Air 

Quality and Environmental Management no later than the 15th of 

the following month. This report shall provide as a minimum, 

reconciliation of the month’s transactions relative to the 

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requirements of Subsection 54.10.6. Updates or revisions to 

estimated transaction volumes for Subsection 54.4.1 (2) shall be 

included in this report. 

54.11 Requirements Pertaining to Cleaner Burning Gasoline Blendstock for 

Oxygenate Blending (CBGBOB) and Downstream Blending 

54.11.1 Requirements for OXYGENATE BLENDERS: Whenever an OXYGENATE 

BLENDER receives CBGBOB from a transferor to whom the 

OXYGENATE BLENDER has represented that he/she will add 

OXYGENATE to the CBGBOB, the OXYGENATE BLENDER must add to 

the CBGBOB OXYGENATE of the type(s) and amount (or within the 

range of amounts) identified in the documentation accompanying 

the CBGBOB. 

54.11.2 No PERSON may combine CBG which has been supplied from a 

production or IMPORT FACILITY with any non-OXYGENATE blendstock, 

other than vapor recovery condensate. A PERSON may combine 

CBG with other blendstocks if it can be clearly demonstrated that 

the resulting GASOLINE 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 PERSON to identify conditions under which the PERSON may 

lawfully blend transmix or reprocessed transmix into CBG which 

has been supplied from its production or IMPORT FACILITY only if it is 

determined that the blending will not significantly affect the 

properties of the CBG. 

54.11.4. Notwithstanding 54.11.2, a PERSON may add non-OXYGENATE

blendstock to CBG that does not comply with one or more of the 

CAP limits contained in sections 54.2.1.1 and 54.2.2.1 where the 

PERSON obtains the prior approval of the Department of Air Quality 

and Environmental Management based 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 Quality Regulations is subject to 

enforcement action, pursuant to Subsection 4.7. Penalties of up to 

$10,000 per day per Section violated may be imposed, pursuant to 

Section 9. Variances can be requested, pursuant to Subsection 7.5. 

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54.12.1 All Parties in the distribution chain through the retail level must 

maintain transfer documents as specified in subsection 54.10.10. 

Any PRODUCER, IMPORTER, Terminal, Pipeline Operator, Trucker, 

Rail Carrier, or Retailer that fails to test and/or maintain records per 

Section 54.10; sells GASOLINE in Clark County not meeting the 

specifications of this regulation; or allows conventional GASOLINE to 

be commingled with Clark County CBG, is liable for violations and 

may be subject to the maximum penalties of this Section.

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

History: Initial Adoption: April 22, 1999. 

 Amended: June 25, 2001; June 3, 2003; July 1, 2004. 

 Suspended: September 29, 2009 

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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, pesticides, fertilizer, and manure shall be 

processed, stored, used and transported 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 AIR POLLUTION; and where 

control methods are available to reduce effectively the contribution to AIR 

POLLUTION from evaporation, leakage, or discharge as determined by the 

CONTROL OFFICER, the installation and use of such 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 PERSON of WASTE solvent is not permitted 

where evaporation into the atmosphere is greater than ten percent (10%) by 

weight of the solvent; 

60.2.1.2 WASTE 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 drain 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 pressure system the 

solvent must be in the solid fluid state. Spraying or atomization for purposes 

of application is not permitted. Application pressure shall be low enough to 

prevent excessive splashing of the solvent; 

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60.2.1.6 Degreasing containers shall be equipped with a permanent conspicuous 

label, summarizing operating requirements; 

60.2.1.7 When a HIGHLY VOLATILE SOLVENT 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 HIGHLY VOLATILE SOLVENT, or if a 

solvent is heated above 50o

 C (120o F), then one of the following control 

devices must be used: 

 1) freeboard that gives a FREEBOARD RATIO > 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 SECTION shall apply to APPLICATION AREA(s), flashoff area (s), and large 

appliance coating lines involved in prime, single, or top-coat coating 

operations. 

60.3.1.2 No PERSON shall cause, allow, or permit the discharge into the atmosphere 

of any VOLATILE ORGANIC COMPOUNDS in excess of 0.34 kilograms per liter of 

coating (2.8 pounds per gallon), minus water, and as delivered to the coating 

applicator. 

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

 a) the use of low solvent coatings; or 

 b) other EMISSION controls such as incineration or carbon absorption 

capable of achieving EMISSION levels as low as those of low solvent 

coatings capable of meeting the EMISSION limits set in Subsection 

60.3.1.2. 

60.3.1.4 The design, operation, and efficiency of any capture system used in 

conjunction with Subsection 60.3.1.3 shall be certified in writing by the 

OWNER or OPERATOR and approved in advance of installation and use by the 

CONTROL OFFICER. 

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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 occur 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 - Cutback asphalts are mixtures of VOLATILE ORGANIC

COMPOUNDS 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 SLOW CURING (SC), medium curing (MC), or rapid 

curing (RC) cutback asphalt for paving purposes is prohibited, 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 Curing cutback asphalt may be allowed as a 

penetrating prime coat on lightly-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 ambient temperature for the 

twenty-four (24) hour period following application of such asphalt is not 

expected to exceed 10o

 C (50o F). 

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History: Amended: June 28, 1979; September 3, 1981; June 11, 2001; June 3, 2003; July 1, 2004. 

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CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 70 - EMERGENCY PROCEDURES

70.1 If the CONTROL OFFICER determines that either a generalized condition of AIR

POLLUTION or the operation of one or more 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 CONTROL OFFICER may order the prohibition, 

restriction, reduction or discontinuance of the EMISSIONS of any air 

contaminant which is causing or may cause aggravation of the condition. 

The CONTROL OFFICER shall utilize Section 6 of the 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 Subsection 70.1 above, shall expire by 

limitation 24 hours after it takes effect, unless affirmed and extended, 

modified or set aside by the Air Pollution Control HEARING BOARD within that 

period of time. 

70.3 Enforcement of restrictions on MOTOR VEHICLE operations may be carried out 

by law enforcement agencies having jurisdiction within incorporated or 

unincorporated areas of the Department of Air Quality and Environmental 

Management. 

70.4 The OWNER or OPERATOR of any STATIONARY SOURCE which EMITS 100 short tons 

(90.7 metric tons) or more per year of any air contaminant shall prepare and 

submit to the CONTROL OFFICER a standby plan for reducing or eliminating 

EMISSIONS of air pollutants during periods of an AIR POLLUTION Alert, AIR

POLLUTION Warning, or AIR POLLUTION 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 CONTROL OFFICER. Any such plan 

will be approved unless the CONTROL OFFICER notifies the OWNER OR

OPERATOR within 60 days that such plan has been disapproved. The 

CONTROL OFFICER will set forth reasons for any disapproval. (This 

subsection effective 1/28/73.) 

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70.4.2 The provision of Subsection 70.4.1 shall supersede that contained as part of 

the EMERGENCY EPISODE PLAN which relates to the time of submittal of 

standby plans. 

70.4.3 Each such plan shall identify the air pollutants EMITTED by the source, the 

specific facility from which each air pollutant is EMITTED, the manner in which 

reduction of EMISSIONS will be achieved during an AIR POLLUTION Alert, 

Warning, or Emergency, and the approximate reduction in EMISSIONS to be 

achieved by each reduction measure. 

70.4.4 During an AIR POLLUTION Alert, Warning, or Emergency a copy of such plan 

shall be made available on the source premises for inspection by the 

CONTROL OFFICER. 

70.5 Upon notification by the CONTROL OFFICER that an AIR POLLUTION Alert, 

Warning, or Emergency has been declared, the OWNER OR OPERATOR of each 

source which has a standby plan approved by the CONTROL OFFICER shall 

implement the EMISSION reduction measures specified in such plan. 

70.6 Any OWNER OR OPERATOR of a STATIONARY SOURCE not subject to the 

requirements of Subsection 70.1 of this section shall, when requested by the 

CONTROL OFFICER in writing, prepare and submit a standby plan in accordance 

with this section. 

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History: Amended: July 24, 1979; June 11, 2001; June 3, 2003; July 1, 2004. 

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CC Air Quality Regulations 

CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 80 - CIRCUMVENTION

80.1 A PERSON shall not build, erect, install or use 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 

EMISSION 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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History: Amended: December 28, 1978; June 11, 2001; June 3, 2003; July 1, 2004. 

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CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 81 - PROVISIONS OF REGULATIONS SEVERABLE

81.1 If any provision of these Regulations or the application thereof to any person 

or circumstances is held invalid or unconstitutional, such invalidity or 

unconstitutionality shall not affect the other provisions or applications of 

these Regulations which can be given effect without the invalid provision or 

application, and to this end the provisions of these Regulations are declared 

to be severable. 

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History: Amended: December 28, 1978; June 11, 2001; June 3, 2003; July 1, 2004. 

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Amended 07/01/04 90-1 

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CLARK COUNTY 

 AIR QUALITY REGULATIONS 

SECTION 90 - FUGITIVE DUST FROM OPEN AREAS AND VACANT 

LOTS

90.1 FUGITIVE DUST From OPEN AREAS AND VACANT LOTS

90.1.1 Purpose: To limit the EMISSION of PARTICULATE MATTER into the AMBIENT 

AIR from OPEN AREAS AND VACANT LOTS. 

90.1.2 Applicability: The provisions of this Regulation shall apply to OPEN AREAS 

AND VACANT LOTS which are located in the PM10 NONATTAINMENT AREA

(HYDROGRAPHIC BASIN 212) and the Apex Valley (HYDROGRAPHIC BASINS 216 

and 217). Nothing in Section 90 of these Regulations shall be construed to 

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

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

Normal Farm Cultural Practices or the raising of fowl or animals. The 

provisions of this Regulation shall not apply to STATIONARY SOURCES as 

defined in Section 0, except that these control measures shall be considered 

as part of a BACT determination. 

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 HYDROGRAPHIC BASIN 212 on 

January 1, 2001, except as otherwise provided herein. 

90.1.3.2 Section 90 shall be effective in HYDROGRAPHIC BASINS 216 and 217 on April 

1, 2002, except as otherwise provided herein. 

90.2 Requirements: 

90.2.1 OPEN AREAS AND VACANT LOTS: If OPEN AREAS AND VACANT LOTS are 

5,000 square feet or larger and are disturbed by any means, including use 

by MOTOR VEHICLES and/or OFF-ROAD MOTOR VEHICLES or material 

dumping, then the OWNER AND/OR OPERATOR of such OPEN AREAS AND 

VACANT LOTS shall implement one or more of the CONTROL MEASURES

described in Subsection 90.2.1.1 of this Regulation within 30 calendar 

days following the initial discovery of disturbance or vehicle use on OPEN 

AREAS AND VACANT LOTS. The OWNER AND/OR OPERATOR shall implement 

all control measures necessary to limit the disturbance of open areas and 

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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 RECLAIMED WATER is highly encouraged. 

90.2.1.1 CONTROL MEASURES: 

(a) Where there is evidence of soil disturbance by MOTOR VEHICLES

and/or OFF-ROAD VEHICLE use, prevent MOTOR VEHICLE and/or OFFROAD VEHICLE 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 CONTROL 

MEASURES 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 movement are not effective, the 

application of water will not be utilized for surface stabilization. For 

the purposes of this Subsection, use of or parking on OPEN AREAS 

AND VACANT LOTS for noncommercial and non-institutional purposes 

by the OWNER AND/OR OPERATOR of such OPEN AREAS AND VACANT 

LOTS 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, landscape 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 DISTURBED SURFACE AREA exists (including disturbed 

surfaces caused by MOTOR VEHICLES), uniformly apply and maintain 

surface gravel or DUST PALLIATIVES to all areas disturbed by MOTOR 

VEHICLES in compliance with one of the stabilization standards 

described in Subsection 90.2.1.2 of this Regulation; or 

(c) Where a DISTURBED SURFACE AREA exists (including disturbed 

surfaces caused by MOTOR VEHICLES and/or OFF-ROAD MOTOR 

VEHICLES), apply and maintain an alternative CONTROL MEASURE

approved in writing by the CONTROL OFFICER and the Region IX 

ADMINISTRATOR 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 Ball/Steel Ball Test) of these 

Regulations; or, 

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(b) A percent cover that is equal to or greater than 20% for nonerodible elements shall be established, as determined by 

Subsection 90.4.1.2 (Rock Test Method) 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 method approved in writing by the CONTROL 

OFFICER and the Region IX ADMINISTRATOR of the EPA. 

90.2.2 Dust Mitigation Plans Required: Any OWNER AND/OR OPERATOR of OPEN 

AREAS AND VACANT LOTS having a cumulative area of 10,000 acres or 

greater must submit a dust mitigation plan to the Department of Air Quality 

and Environmental Management for approval by March 31, 2003, in a 

format prescribed by the CONTROL OFFICER. 

90.2.3 Mechanized Weed Abatement and/or Trash Removal: If machinery is 

used to clear weeds and/or trash from OPEN AREAS AND VACANT LOTS of 

5,000 square feet or larger, then the following Control Measures set forth 

in Subsection 90.2.3.1 shall be applied. Advisory Notice: In order to 

conserve water to the greatest extent practicable, the use of RECLAIMED 

WATER is highly encouraged. 

90.2.3.1 CONTROL MEASURES

(a) Pre-wet surface soils before mechanized weed abatement and/or 

trash removal occurs; and, 

(b) Maintain dust control measures while mechanized weed abatement 

and/or trash removal is occurring; and, 

(c) PAVE, apply gravel, apply water, or apply a suitable DUST 

PALLIATIVE, in compliance with the stabilization standards set forth 

in Subsection 90.2.1.2 of this Regulation, after mechanized weed 

abatement and/or trash removal occurs. 

90.3 Record Keeping Requirements 

90.3.1 Record Keeping: Any PERSON subject to the requirements of this 

Regulation shall compile and retain records that provide evidence of 

CONTROL MEASURE application, by indicating type of treatment or CONTROL 

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

supporting documentation shall be made available to the CONTROL 

OFFICER within 24 hours of a written request. 

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90.3.2 Record Retention: Copies of the records required 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 OPEN AREAS AND VACANT LOTS: 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 OPEN AREA or a 

VACANT LOT has a stabilized surface. Should a disturbed OPEN AREA or 

VACANT LOT contain more than one type of disturbance, soil, or other 

characteristics which are visibly distinguishable, each representative 

surface must be tested separately for stability in an area that represents a 

random portion of the overall disturbed conditions of the site, utilizing the 

appropriate test methods in Subsections 90.4.1.1 through Subsections 

90.4.1.3 of this Regulation. Depending upon test method results, include or 

eliminate each representative surface from the total size assessment of 

the DISTURBED SURFACE AREA(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 centimeters (one foot) directly above the 

soil surface. If blowsand is present, clear the blowsand from the surfaces 

on which the soil crust test method is conducted. Blowsand is defined as 

thin deposits of loose uncombined grains covering less than 50% of an 

OPEN AREA or VACANT LOT which have not originated from the 

representative OPEN AREA or VACANT LOT 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 Threshold Friction Velocity) of this 

Regulation to the loose material 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 Subsection 90.4.1.1 of this 

Regulation, the ball does not sink into the surface, so that it is 

partially or fully surrounded by loose 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 DISTURBED SURFACE 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. Drop the ball three times within the 

1-foot by 1-foot square survey area, using a consistent pattern 

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across the survey area. The survey area shall be considered to 

have passed the Soil Crust Determination Test if at least two of the 

three times the ball was dropped, the results met the criteria in 

Subsection 90.4.1.1(a) of this Regulation. Select at least two other 

survey areas that represent a random portion of the overall 

disturbed conditions 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 necessary on each portion of the overall 

conditions of the site using the random 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 Friction Velocity) of this Regulation, 

examines the wind-resistance effects of rocks and other non-erodible 

elements on disturbed surfaces. Non-erodible elements are objects larger 

than 1 centimeter (cm) in diameter that remain firmly in place even on 

windy days. Typically, non-erodible elements include rocks, stones, glass 

fragments, and hardpacked clumps 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 method is to estimate the percent cover 

of non-erodible elements on a given surface to see whether such 

elements take up enough space to offer protection against windblown 

dust. For simplification, the following test 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 distribution 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 shoulder” 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 placing 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 than 3/8 inch (1 cm) in diameter 

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are of interest, measure the diameter of some of the smaller rocks 

to a get a sense of which rocks need to be considered. 

(c) Mentally group the rocks greater than 3/8 inch (1cm) diameter lying 

in the survey area into small, medium, and large size categories. If 

the rocks are all approximately the same 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 down the resulting number. 

(d) Without removing rocks, select one or two average-size rocks in 

each group and measure the length and width. Use either metric 

units or standard units. Using a calculator, 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 the average dimensions (length times 

width) by the number of rocks counted 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, calculated in Subsection 90.4.1.2(e) of 

this Regulation, by two (to get frontal 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 centimeters by 100 centimeters or 

10,000 centimeters) and multiply by 100. The result is 7% rock 

cover. If rock measurements are 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 Regulation. Make sure the additional survey 

areas also represent the general rock distribution on the site. 

Average the percent cover results from all three survey areas to 

estimate the average percent of rock cover. 

(h) If the average rock cover is greater 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 procedures in Subsection 90.4.1.3 

(Determination Of Threshold Friction Velocity) of this Regulation 

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and use the results from the rock test 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 particles 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 described 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 correction factor by the TFV value for a 

final TFV estimate that is corrected for non-erodible elements. 

90.4.1.3 Determination Of Threshold Friction Velocity (TFV): For DISTURBED 

SURFACE AREAS 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 sieves 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 brush 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 counterclockwise, at a speed just necessary 

to achieve some relative horizontal motion between the sieves and 

the particles. Remove the lid from the sieve/collector pan unit and 

disassemble each sieve separately, 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 material aligns along one side. In 

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doing so, minimize escape of particles 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 greatest 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 greatest 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 samples which represent random portions 

of the overall conditions of the site, repeat the above TFV test 

method for each sample and average the resulting TFVs together 

to determine the TFV uncorrected for non-erodible elements. Nonerodible elements are distinct 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 vegetation. 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-erodible elements using the following 

procedure. For a more detailed description 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 according to size. For each group, 

calculate the overhead area for the non-erodible elements 

according to the following equations: 

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 Eq. 1: (Average length) x (Average width) = Average Dimensions. 

 Eq. 2: (Average Dimensions) x (Number 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 distinct survey areas that represent 

a random portion of the overall conditions of the site and average the results. 

Use Table 2 of this Subsection to identify the correction factor for the percent 

cover of non-erodible elements. Multiply 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 

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History: Initial adoption: June 22, 2000 

Amended: November 16, 2000; November 20, 2001; December 17, 2002; June 3, 2003; July 1, 

2004. 

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CLARK COUNTY 

AIR QUALITY REGULATIONS 

SECTION 91 - FUGITIVE DUST FROM UNPAVED ROADS, UNPAVED 

ALLEYS, AND UNPAVED EASEMENT ROADS

91.1 FUGITIVE DUST From Unpaved Roads, Unpaved Alleys, and Unpaved 

EASEMENT Roads

91.1.1 Purpose: To limit the Emission of PARTICULATE MATTER into the AMBIENT 

AIR from unpaved roads, unpaved alleys, unpaved ROAD EASEMENTS 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 ROAD EASEMENTS and 

unpaved access roads for utilities and railroads which are located in the 

PM10 NON-ATTAINMENT AREA (HYDROGRAPHIC BASIN 212) and the Apex Valley 

(HYDROGRAPHIC BASINS 216 and 217). Nothing in Subsections 91.1 through 

91.3 of these Regulations shall be construed to prevent enforcement of 

Section 40 (Prohibition of NUISANCE Conditions) of these Regulations. The 

provisions of this Regulation shall not apply to non-commercial and noninstitutional private driveways and shall not apply to horse trails, hiking paths, 

bicycle paths, or other similar paths that have been officially designated by a 

governing body for exclusive use for purposes other than travel by motor 

vehicles. The provisions of this Regulation shall not apply to STATIONARY 

SOURCES as defined in Section 0, except that these control measures shall 

be considered as part of a BACT determination. 

91.1.3 Effective Date Of This Regulation: 

91.1.3.1 Regulations 91.1 through 91.3 shall be effective in HYDROGRAPHIC BASIN

212 on their 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 HYDROGRAPHIC BASINS

216 and 217 on April 1, 2002. 

91.2 Requirements: 

91.2.1 Unpaved Roads: An OWNER AND/OR OPERATOR of an unpaved road in the 

PM10 NON-ATTAINMENT AREA, shall implement one of the CONTROL MEASURES

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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 Regulation, 

the CONTROL MEASURES shall be considered effectively implemented when 

the unpaved roadway complies with the stabilization standards set forth in 

Subsection 91.2.1.4 of this Regulation. Advisory Notice: In order to 

conserve water to the greatest extent practicable, the use of RECLAIMED 

WATER is highly encouraged. 

91.2.1.1 Implementation Of CONTROL MEASURES For Existing Unpaved Roads: 

91.2.1.1.1 OWNERS AND/OR OPERATORS of existing unpaved roads that were 

constructed prior to June 22, 2000 in HYDROGRAPHIC BASIN 212 shall 

implement one of the CONTROL MEASURES set forth Subsection 91.2.1.3 of 

this Regulation according to the following schedule: 

(a) CONTROL MEASURES shall be implemented for one third (1/3) 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 (CONTROL 

MEASURES) of this Regulation by June 1, 2001. 

91 CONTROL MEASURES 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 (CONTROL 

MEASURES) of this Regulation by June 1, 2002. 

(c) CONTROL MEASURES shall be implemented for all unpaved roads 

having vehicular traffic of 150 vehicles or more per day in 

accordance with Subsection 91.2.1.3 (CONTROL MEASURES) of this 

Regulation by June 1, 2003. 

(d) CONTROL MEASURES 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. CONTROL MEASURES shall be implemented within 365 

calendar days following the initial discovery that vehicular traffic 

equals or exceeds 150 vehicles per day and that the road surface 

does not comply with the stabilization standards set forth in 

Subsection 91.2.1.4 of this Regulation. The CONTROL OFFICER may 

require short-term stabilization of any unpaved road subject to 

Subsection 91.2.1.1(d). 

(e) Non-federal Requirement: CONTROL MEASURES set forth in 

Subsection 91.2.1.3 shall be implemented for existing unpaved 

roads having vehicular traffic of less than 150 vehicles per day 

within 365 calendar days following the initial discovery that the road 

surface does not comply with the stabilization standards set forth in 

Section 91.2.1.4 of this Regulation. The requirements of this 

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Subsection (91.2.1.1 (e) shall not constitute applicable State 

Implementation Plan requirements pursuant to Section 189 of the 

federal Clean Air Act. The CONTROL OFFICER may require shortterm stabilization of any unpaved road subject to Subsection 

91.2.1.1 (e)). For the purpose of this Subsection, the CONTROL 

MEASURES shall be considered effectively implemented when the 

unpaved road complies with the stabilization standards set forth in 

Subsection 91.2.1.4 of this Regulation. 

91.2.1.1.2 OWNERS AND/OR OPERATORS of existing unpaved roads that were 

constructed prior to April 1, 2002 in HYDROGRAPHIC BASINS 216 and 217

shall implement one of the CONTROL MEASURES set forth Subsection 

91.2.1.3 of this Regulation according to the following schedule: 

(a) CONTROL MEASURES shall be implemented for one third (1/3) 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 (CONTROL 

MEASURES) of this Regulation by April 1, 2003. 

(b) CONTROL MEASURES 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 (CONTROL 

MEASURES) of this Regulation by April 1, 2004. 

(c) CONTROL MEASURES shall be implemented for all unpaved roads 

having vehicular traffic of 150 vehicles or more per day in 

accordance with Subsection 91.2.1.3 (CONTROL MEASURES) of this 

Regulation by April 1, 2005. 

(d) CONTROL MEASURES 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 

April 1, 2005. CONTROL MEASURES shall be implemented within 365 

calendar days following the initial discovery that vehicular traffic 

equals or exceeds 150 vehicles per day and that the road surface 

does not comply with the stabilization standards set forth in 

Subsection 91.2.1.4 of this Regulation. The CONTROL OFFICER may 

require short-term stabilization of any unpaved road subject to 

Subsection 91.2.1.1(d). 

 (e) Non-federal Requirement: CONTROL MEASURES set forth in 

Subsection 91.2.1.3 shall be implemented for existing unpaved 

roads having vehicular traffic of less than 150 vehicles per day 

within 365 calendar days following the initial discovery that the road 

surface does not comply with the stabilization standards set forth in 

Section 91.2.1.4 of this Regulation. The requirements of this 

Subsection (91.2.1.1 (e) shall not constitute applicable State 

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Implementation Plan requirements pursuant to Section 189 of the 

federal Clean Air Act. The CONTROL OFFICER may require shortterm stabilization of any unpaved road subject to Subsection 

91.2.1.1 (e)). For the purpose of this Subsection, the CONTROL 

MEASURES shall be considered effectively implemented when the 

unpaved road complies with the stabilization 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 

HYDROGRAPHIC BASIN 212 after June 22, 2000, or in HYDROGRAPHIC BASINS

216 and 217 after April 1, 2002, unless the unpaved road is an interim 

component of an active paving project. 

91.2.1.3 CONTROL MEASURES:

 (a) PAVE, or 

(b) Apply DUST PALLIATIVES, in compliance with the stabilization 

standards set forth in Subsection 91.2.1.4 of this Regulation, or

(c) Apply and maintain and alternative CONTROL MEASURE approved in 

writing by the CONTROL OFFICER and the Region IX Administrator of 

the EPA.

91.2.1.4 Stabilization Standards: For the purpose of this rule, CONTROL 

MEASURES shall be considered effectively implemented when stabilization 

observations for FUGITIVE Dust EMISSIONS from unpaved roads and 

unpaved alleys do not exceed 20% OPACITY and do not equal or exceed 

0.33 oz/ft2

 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 the requirements of this 

Regulation shall compile and retain records that provide evidence of 

CONTROL MEASURE application, by indicating type of treatment or CONTROL 

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

supporting documentation shall be made available to the CONTROL 

OFFICER within 24 hours 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, OWNERS of unpaved roads 

shall be subject to the requirements set forth in Subsection 91.2.1.1, and 

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shall prepare and submit a written report to the CONTROL OFFICER

documenting compliance with the provisions of Subsection 91.2.1.1. This 

report shall be prepared for the years 2001, 2002, and 2003 for OWNERS

of unpaved roads in HYDROGRAPHIC BASIN 212, for the years 2003, 2004, 

and 2005 for OWNERS of unpaved roads in HYDROGRAPHIC BASINS 216 and 

217, and shall be submitted to the CONTROL OFFICER no later than October 

first of each year and shall include: 

91.3.3.1 The total miles of unpaved roads under the jurisdiction of the OWNER and 

the miles PAVED during the reporting period subject to the requirements of 

Subsection 91.2.1.1. Miles of PAVING for roads subject to Subsections 

91.2.1.1.1(a), 91.2.1.1.1(b), and 91.2.1.1.1(c) must be listed separately 

from paving of roads found to be subject Subsection 91.2.1.1.1 (d). Miles 

of PAVING for roads subject to Subsections 91.2.1.1.2(a), 91.2.1.1.2(b), 

and 91.2.1.1.2(c) must be listed separately from paving of roads found to 

be subject Subsection 91.2.1.1.2(d). 

91.4 Test Methods 

91.4.1 Stabilization Test Methods For Unpaved Roads And Unpaved Alleys: 

91.4.1.1 OPACITY Test Method: The purpose of this test method is to estimate the 

percent OPACITY of FUGITIVE DUST plumes caused by vehicle movement on 

unpaved roads, unpaved alleys, and unpaved EASEMENTS. This method 

can only be conducted by an individual who has received certification as a 

qualified Visible EMISSIONS Evaluator. 

(a) Step 1: Stand at least 16.5 feet from the FUGITIVE DUST source in 

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

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

requirements, make OPACITY observations so that the line of vision 

is approximately perpendicular to the dust plume and wind 

direction. If multiple plumes are involved, do not include more than 

one plume in the line of sight at one time. 

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

method of control used, if any, observer's name, certification data 

and affiliation, and a sketch of the observer's position relative to the 

FUGITIVE DUST source. Also, record the time, estimated distance to 

the FUGITIVE DUST source location, approximate wind direction, 

estimated wind speed, description of the sky condition (presence 

and color of clouds), observer's position to the FUGITIVE DUST

source, and color of the plume and type of background on the 

visible emission observation form both when OPACITY readings are 

initiated and completed. 

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

contrasting background that is perpendicular to the line of vision. 

Make OPACITY observations approximately 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 OPACITY observations to the nearest 5% on an 

observational record sheet. Each momentary observation recorded 

represents the average OPACITY of EMISSIONS for a 5-second 

period. While it is not required by the test method, EPA 

recommends that the observer estimate the size of vehicles which 

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

passenger car or heavy-duty truck) and the approximate speeds 

the vehicles are traveling when readings are taken. 

(e) Step 5: Repeat Step 3 (Subsection 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 OPACITY readings. This will 

occur once six vehicles have driven on the source in your line of 

observation for which you are able to take proper readings. The 12 

consecutive readings must be taken within the same period of 

observation but must not exceed 1 hour. Observations immediately 

preceding and following interrupted observations can be considered 

consecutive. 

(f) Step 6: Average the 12 OPACITY readings together. If the average 

OPACITY reading equals 20% or lower, the source is in compliance 

with the OPACITY 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 EASEMENTS. The higher the silt content, the greater the 

amount of fine dust particles that are entrained into the atmosphere when 

cars and trucks drive on unpaved roads, unpaved alleys, and unpaved 

EASEMENTS. 

(a) Equipment: 

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(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 paintbrush 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 container (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 traveled surface, as evidenced by tire 

tracks (only collect samples from surfaces that are not damp due to 

precipitation or dew). This statement is not meant to be a standard 

in itself for dampness where watering is being used as a CONTROL 

MEASURE. It is only intended to ensure that surface testing is done 

in a representative manner. Use caution 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 whiskbroom or brush and slowly 

sweep the material into the dustpan, minimizing escape of dust 

particles. Use a spatula to lift heavier elements such as gravel. 

Only collect dirt/gravel to an approximate 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 surface sample of loose material 

down to 1 cm. In order to confirm that samples are collected to 1 

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cm in depth, a wooden dowel or other similar narrow object at least 

one foot in length can be laid horizontally across the survey area 

while a 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 analysis. A reference to the 

procedure the laboratory is required to follow is at the end of 

this section. 

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

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

container on it. Transfer the entire 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 collector pan underneath the bottom 

(0.25 mm) sieve. 

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

escape of dust particles by slowly brushing material into the stack 

with a whiskbroom or brush (on windy days, use the trunk or door 

of a car as a wind barricade). Cover the stack with a lid. Lift up the 

sieve stack and shake it vigorously up, down and sideways for at 

least 1 minute. 

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

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

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

sifted to the finest sieve through which it can pass; e.g. material in 

each sieve (besides the top sieve that captures a range of larger 

elements) should look the same size. If this is not the case, 

re-stack the sieves and collector pan, cover the stack with the lid, 

and shake it again for at least 1 minute (you only need to 

reassemble the sieve(s) that contain material, which requires 

further sifting). 

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

sweep the material from the collector pan into the empty container 

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 sieves; only the collector pan. Weigh 

the container with the material from the collector pan and record its 

weight. 

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(h) Step 7: If the source is an unpaved road, multiply the resulting 

weight by 0.38. If the source is an UNPAVED PARKING LOT, 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 (Subsection 91.4.1.2(c) of this 

Regulation) and multiply by 100 to estimate the percent silt content. 

(i) Step 8: Select another two routinely traveled portions of the 

unpaved road or UNPAVED PARKING LOT and repeat this test method. 

 Once you have calculated the silt loading and percent silt content 

of the 3 samples collected, average your results together. 

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

0.33 oz/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 EASEMENT 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 EASEMENT), it is recommended that you 

collect 3 additional samples from the 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 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 

History: Initial Adoption: June 22, 2000. 

 Amended: November 16, 2000; December 21, 2000; June 3, 2003; July 1, 2004. 

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SECTION 92 - FUGITIVE DUST FROM UNPAVED PARKING LOTS;

MATERIAL HANDLING AND STORAGE YARDS; AND VEHICLE AND 

EQUIPMENT STORAGE YARDS

92.1 FUGITIVE DUST From UNPAVED PARKING LOTS 

92.1.1 Purpose: To limit the EMISSION of PARTICULATE MATTER into the AMBIENT AIR 

from UNPAVED PARKING LOTS; material handling and storage yards; and 

vehicle and equipment storage yards. 

92.1.2 Applicability: The provisions of this Regulation shall apply to UNPAVED 

PARKING LOTS; material handling and storage yards; and vehicle and 

equipment storage yards which are located in the PM10 NON-ATTAINMENT 

AREA (HYDROGRAPHIC BASIN 212), in the Apex Valley (HYDROGRAPHIC BASINS 

216 and 217), and which are not regulated by Section 94 of these 

Regulations. For the purposes of this Regulation, UNPAVED PARKING LOT 

means any area of 5,000 square feet or larger that is not PAVED and that is 

used for parking, maneuvering, or storing MOTOR VEHICLES, equipment, or 

materials. UNPAVED PARKING LOT includes automobile impound yards, 

wrecking yards, automobile dismantling 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 Subsections 92.1 through 92.5 shall be 

construed to prevent enforcement of Section 40 (Prohibition of NUISANCE 

Conditions) of these Regulations. The provisions of this Regulation shall 

not apply to STATIONARY SOURCES 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 UNPAVED PARKING LOTS, Including Material Handling and Storage Yards 

and Equipment and Vehicle Storage Yards: The OWNER AND/OR 

OPERATOR of an existing UNPAVED PARKING LOT in HYDROGRAPHIC BASINS 212, 

216 or 217 shall implement one or more of the CONTROL MEASURES 

described in Subsection 92.2.1.2 as necessary to comply with the 

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stabilization standards of Subsection 92.3.1. For UNPAVED PARKING LOTS 

that are utilized intermittently, for a period of 35 days or less during the 

calendar year, the OWNER AND/OR OPERATOR shall implement one or more 

of the CONTROL MEASURES described in Subsection 92.2.1.2 during the 

period that the UNPAVED PARKING LOT is utilized for vehicle parking. For the 

purpose of this Regulation, the CONTROL MEASURES set forth in Subsection 

92.2.1.2 shall be considered effectively implemented when the UNPAVED 

PARKING LOT meets the stabilization standards described in Subsection 

92.3.1. 

92.2.1.1 New UNPAVED PARKING LOTS: No UNPAVED PARKING LOTS may be 

constructed in HYDROGRAPHIC BASINS 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 nature of these facilities provided 

such UNPAVED PARKING LOT is stabilized in accordance with 

Subsection 92.2.1.2(b) through (d) prior to being used. For the 

purposes of this Subsection, a rural 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 OWNER AND/OR OPERATOR shall implement one or 

more of the CONTROL MEASURES described in Subsection 92.2.1.2 

subject to the approval of the CONTROL OFFICER, provided however, 

all access, parking and 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 equipment that the CONTROL OFFICER 

has determined to be of such weight as to damage or destroy 

pavement (e.g. Heavy Equipment), the OWNER AND/OR OPERATOR 

shall implement one or more of the CONTROL MEASURES described in 

Subsection 92.2.1.2 subject to the approval of the CONTROL OFFICER, 

provided however, all access, parking and loading areas primarily 

used by rubber tired vehicles shall be paved. 

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92.2.1.2 CONTROL MEASURES: 

(a) PAVE, or 

(b) Apply DUST PALLIATIVES, in compliance with the stabilization 

standards set forth in Subsection 92.3.1, or 

(c) Apply DUST PALLIATIVES to vehicle travel lanes within the parking lot 

in compliance with the stabilization 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 CONTROL MEASURE approved in 

writing by the CONTROL OFFICER 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, CONTROL 

MEASURES shall be considered effectively implemented when stabilization 

observations for FUGITIVE DUST EMISSIONS from UNPAVED PARKING LOTS do 

not exceed 20% OPACITY and do not equal or exceed 0.33 oz/ft2 silt 

loading, or do not exceed 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 Regulation have not been applied, no 

OWNER AND/OR OPERATOR of an UNPAVED PARKING LOT shall permit a dust 

plume from that UNPAVED PARKING LOT to cross a property line. 

92.4 Record Keeping Requirements 

92.4.1 Record Keeping: Any PERSON subject to the requirements of this 

Regulation shall compile and retain records that provide evidence of 

CONTROL MEASURE application, by indicating type of treatment or CONTROL 

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

supporting documentation shall be made available to the CONTROL OFFICER 

within 24 hours of a written request. 

92.4.2 Records Retention: Copies of the records required by Subsection 92.4.1 

shall be retained for at least one year. Facilities subject to Section 19 

(PART 70 OPERATING PERMITS) shall maintain records in accordance with 

Part 70 record keeping requirements. 

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92.5 Test Methods 

92.5.1 Stabilization Test Methods For UNPAVED PARKING LOTS: 

92.5.1.1 OPACITY Test Method: The purpose of this test method is to estimate the 

percent OPACITY of FUGITIVE DUST plumes caused by vehicle movement on 

UNPAVED PARKING LOTS. This method can only be conducted by an 

individual who has received certification as a qualified Visible EMISSIONS 

Evaluator. 

(a) Step 1: Stand at least 16.5 feet from the FUGITIVE DUST source in 

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

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

requirements, make OPACITY observations so that the line of vision 

is approximately perpendicular to the dust plume and wind 

direction. If multiple plumes are involved, do not include more than 

one plume in the line of sight at one time. 

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

method of control used, if any, evaluator’s name, certification data 

and affiliation, and a sketch of the observer's position relative to the 

FUGITIVE DUST source. Also, record the time, estimated distance to 

the FUGITIVE DUST source location, approximate 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 EMISSION observation form both when OPACITY 

readings are initiated and completed. 

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

contrasting background that is perpendicular to the line of vision. 

Make OPACITY observations approximately 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 OPACITY observations to the nearest 5% on an 

observational record sheet. Each momentary observation recorded 

represents the average opacity of EMISSIONS for a 5-second period. 

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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 taken (e.g., mid-size passenger car 

or heavy-duty truck) and the approximate 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 OPACITY readings. This will occur once six vehicles 

have driven on the source in your line of observation for which you 

are able to take proper readings. The 12 consecutive readings must 

be taken within the same period of observation but must not exceed 

1 hour. Observations immediately preceding and following 

interrupted observations can be considered consecutive. 

(f) Step 6: Average the 12 OPACITY readings together. If the average 

OPACITY reading equals 20% or lower, the source is in compliance 

with the OPACITY standard described in this Regulation. 

92.5.1.2 Silt Content Test Method: The purpose of this test method is to estimate 

the silt content of the trafficked parts of UNPAVED PARKING LOTS. The higher 

the silt content, the greater the amount of fine dust particles that are 

entrained into the atmosphere when cars and trucks drive on UNPAVED 

PARKING LOTS. 

(a) Equipment: 

(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 paintbrush 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 container (e.g. plastic storage 

container) 

(6) A sturdy cardboard box or other rigid object with a level 

surface 

(7) A basic calculator 

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(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 traveled surface, as evidenced by tire 

tracks (only collect samples from surfaces that are not damp due to 

precipitation or dew). This statement is not meant to be a standard 

in itself for dampness where watering is being used as a Control 

Measure. It is only intended to ensure that surface testing is done in 

a representative manner. Use caution 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 whiskbroom or brush and slowly 

sweep the material into the dustpan, minimizing escape of dust 

particles. Use a spatula to lift heavier elements such as gravel. 

Only collect dirt/gravel to an approximate 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 surface 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 horizontally 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 analysis. A reference to the 

procedure the laboratory is required to follow is at the end of 

this section. 

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

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

container on it. Transfer the entire 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 collector pan underneath the bottom 

(0.25 mm) sieve. 

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

escape of dust particles by slowly brushing material into the stack 

with a whiskbroom or brush (on windy days, use the trunk or door 

of a car as a wind barricade). Cover the stack with a lid. Lift up the 

sieve stack and shake it vigorously up, down and sideways for at 

least 1 minute. 

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

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

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

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

each sieve (besides the top sieve that captures a range of larger 

elements) should look the same size. If this is not the case, 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 sieves and collector pan, slowly 

sweep the material from the collector 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 sieves; 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 unpaved road, multiply the resulting 

weight by 0.38. If the source is an UNPAVED PARKING LOT, 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 routinely traveled portions of the 

unpaved road or UNPAVED PARKING LOT and repeat this test method. 

Once you have calculated the silt loading and percent silt content of 

the 3 samples collected, average your results together. 

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

0.33 oz/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 PARKING LOT and 

the average percent silt content is 8% or less, the surface is stable. 

If your field test results are within 2% of the standard (for example, 

6%-10% silt content on an UNPAVED PARKING LOT), it is 

recommended that you collect 3 additional samples from the source 

according to Step 1 and take them to an independent laboratory for 

silt content analysis. 

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92-8

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

samples from the source, according to Step 1 and send them to an 

independent laboratory for silt content 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 

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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. 2009 

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Amended 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 FUGITIVE DUST From PAVED Roads and Street Sweeping Equipment

93.1.1 Purpose: To limit the EMISSION of PARTICULATE MATTER into the AMBIENT 

AIR from PAVED roads and PAVED alleys. 

93.1.2 Applicability: The provisions of this Regulation shall apply to PAVED roads 

and PAVED alleys which are located in the PM10 NONATTAINMENT AREA

(HYDROGRAPHIC BASIN 212) and the Apex Valley (HYDROGRAPHIC BASINS

216 and 217). Nothing in Subsections 93.1 through 93.4 of these 

Regulations shall be construed to prevent enforcement of Section 40 

(Prohibition of NUISANCE Conditions) of these Regulations. The provisions of 

this Regulation shall not apply to non-commercial and non-institutional 

private driveways. The provisions of this Regulation shall not apply to 

STATIONARY SOURCES as defined in Section 0, except that these control 

measures shall be considered as part of a BACT determination. 

93.2 Requirements: 

93.2.1 PAVED Road Development Standards: OWNERS AND/OR OPERATORS 

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

construct, or require to be constructed, all new or modified PAVED roads in 

conformance with the road shoulder width and drivable median stabilization 

requirements as specified below: 

93.2.1.1 New CONSTRUCTION, MODIFICATION, or approvals of PAVED roads shall be 

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

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

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

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

stabilization is used in place of PAVING, the stabilized shoulders must be 

maintained in compliance with the stabilization standards set forth in 

Subsection 93.2.1.5 of this Regulation. 

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CC Air Quality Regulations 

 

93.2.1.2 New CONSTRUCTION, MODIFICATION, or approvals of PAVED roads on which 

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

1, 2003 shall be constructed with a PAVED travel section, and eight (8) feet of 

stabilized shoulder adjacent to the PAVED travel section where right-of-way is 

available for the stabilized shoulder. Where the right-of-way is not available 

for the full eight (8) feet of stabilized shoulder, curbing shall be installed 

adjacent to the shoulder. Stabilized shoulders must be maintained in 

compliance with the stabilization standards set forth in Subsection 93.2.1.5 of 

this regulation. 

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

or PAVED shoulder of a road, the shoulder width design standards specified in 

Subsection 93.2.1.1 shall not be applicable. 

93.2.1.4 Where PAVED roads are constructed, or modified with shoulders and/or 

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

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

limited access freeway right-of-way, then the requirements of Section 90 

apply. 

(a) With curbing, or 

(b) With solid PAVING across the median, or 

(c) Apply DUST PALLIATIVES, in compliance with the stabilization standards 

set forth in Subsection 93.2.1.5 of this Regulation, or 

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

standards set forth in Subsection 93.2.1.5 of this Regulation, or 

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

PAVED section such as landscaping or decorative rock. 

93.2.1.5 Stabilization Standards: For the purpose of this regulation, the unpaved 

shoulders and medians of PAVED roads shall be considered to have 

CONTROL MEASURES effectively implemented when FUGITIVE DUST

EMISSIONS do not exceed 20% OPACITY and silt loading does not equal or 

exceed 0.33 oz/ft2

 silt loading, as determined by Subsection 93.4.1 (Test 

Methods-Stabilized PAVED Road Shoulders and Medians) of these 

regulations, except for unpaved shoulders on which gravel has been 

applied under the provisions of Subsection 93.2.1.1. Failure to comply 

with either the 20% OPACITY limit or silt loading limit indicates that the 

shoulder is not stable. Where gravel is utilized to prevent trackout from 

unpaved shoulders and medians of PAVED roads, surface gravel shall be 

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Amended 07/01/04 93-3 

CC Air Quality Regulations 

uniformly applied and maintained to a depth of two (2) inches to comply 

with the 20% OPACITY standards set forth in Subsection 93.4.1.1 of these 

Regulations and the Gravel Depth And Silt Content Test Method set forth 

in Subsection 93.4.1.3 of these Regulations. For the purposes of this 

section, the term Gravel shall include “aggregate” and shall mean 

unconsolidated material greater than 0.25 (1/4) inch but less than three (3) 

inches, and contain no more than six (6) percent silt, by dry weight, that 

will pass through a No. 200 sieve. Failure to comply with either the 20% 

OPACITY limit or the Gravel Depth And Silt Content Test Method indicates 

that the shoulder is not stable. 

93.2.1.6 Requirements For Existing Nonconforming PAVED Roads: OWNERS 

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

or private PAVED roads which do not conform with the requirements of 

Subsections 93.2.1.1 through 93.2.1.5 of this Regulation, shall reconstruct, 

or require to be reconstructed, the existing nonconforming PAVED road within 

365 calendar days following the initial discovery that the road fails to meet 

the requirements set forth in Subsections 93.2.1.1 through 93.2.1.5 of these 

Regulations. The CONTROL OFFICER may require short-term stabilization of 

any PAVED road subject to the requirements set forth in Subsections 

93.2.1.1 through 93.2.1. of these Regulations. Other stabilization methods 

of equal or greater effectiveness may be implemented with the written 

approval of the CONTROL OFFICER, providing emissions do not exceed 20% 

opacity, unless the US EPA Region 9 objects to such approval within 

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

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

OFFICER. If the US EPA Region 9 does not object within the ninety (90) 

days from the date notification, the proposed alternative stabilization 

method may be implemented. If the US EPA Region 9 objects to the 

proposed alternative stabilization method, the proposed alternative 

stabilization method shall require written approval from both the CONTROL 

OFFICER and the US EPA Region 9 prior to the implementation of the 

proposed alternative stabilization method. 

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

AND/OR OPERATOR which utilizes street sweeping equipment or street 

sweeping services for street sweeping on PAVED roads or PAVED parking 

lots, shall acquire or contract to acquire only certified PM10-efficient street 

sweeping equipment. 

93.2.2.1 PM10-Efficient Street Sweepers: For the purposes of Subsection 93.2.2 of 

this Regulation, a PM10-efficient street sweeper is a street sweeper which 

has been certified by the South Coast Air Quality Management District 

(California) (SCAQMD) to comply with the District’s performance 

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Amended 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 PAVED road or 

PAVED parking lot is prohibited without the use of sufficient wetting to limit 

the visible emissions to not greater than 20% opacity when measured as 

set forth in Subsection 93.4.1.1. The use of dry rotary brushes or blower 

devices without the use of water is expressly prohibited. 

 

93.2.4 Crack Seal Equipment Requirements: After December 31, 2005 any 

OWNER AND/OR OPERATOR which utilizes crack seal cleaning equipment 

shall acquire, or contract to acquire, only vacuum type crack cleaning seal 

equipment. 

93.3 Record Keeping And Reporting Requirements 

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

Regulation shall compile and retain records that provide evidence of 

CONTROL MEASURE application, by indicating type of treatment or CONTROL 

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

supporting documentation shall be made available to the CONTROL 

OFFICER within 24 hours of a written request. 

93.3.2 Reporting Requirements: OWNERS AND/OR OPERATORS having jurisdiction 

over PAVED roads shall prepare and submit a written report to the Clark 

County Department of Air Quality and Environmental Management 

documenting compliance with the provisions of this Regulation. This report 

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

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

include: 

93.3.2.1 The total miles of PAVED roads under the jurisdiction of the OWNER AND/OR 

OPERATOR and the miles of PAVED roads constructed or modified during the 

reporting period. 

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

requirements of Subsections 93.2.1.1 through 93.2.1.5 have been met. 

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

compliance with EPA requirements for enforcement of this regulation. 

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

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

least one year. 

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Amended 07/01/04 93-5 

CC Air Quality Regulations 

93.4 Test Methods 

93.4.1 Stabilization Test Methods For UNPAVED Shoulders And Medians of 

PAVED Roads: 

93.4.1.1 OPACITY Test Method: The purpose of this test method is to estimate the 

percent OPACITY of FUGITIVE DUST plumes caused by vehicle movement on 

unpaved road shoulders and medians of PAVED roads. This method can 

only be conducted by an individual who has received certification as a 

qualified observer. 

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

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

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

requirements, make OPACITY observations so that the line of vision 

is approximately perpendicular to the dust plume and wind 

direction. If multiple plumes are involved, do not include more than 

one plume in the line of sight at one time. 

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

method of control used, if any, observer's name, certification data 

and affiliation, and a sketch of the observer's position relative to the 

FUGITIVE DUST source. Also, record the time, estimated distance to 

the FUGITIVE DUST source location, approximate wind direction, 

estimated wind speed, description of the sky condition (presence 

and color of clouds), observer's position to the FUGITIVE DUST

source, and color of the plume and type of background on the 

visible EMISSION observation form both when OPACITY readings are 

initiated and completed. 

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

contrasting background that is perpendicular to the line of vision. 

Make OPACITY observations approximately 3 feet above the surface 

from which the plume is generated. Note that the observation is to 

be made at only one visual point upon generation of a plume, as 

opposed to visually tracking the entire length of a dust plume as it is 

created along a surface. Make two observations per vehicle, 

beginning with the first reading at zero seconds and the second 

reading at five seconds. The zero-second observation should 

begin immediately after a plume has been created above the 

surface involved. Do not look continuously at the plume but, 

instead, observe the plume briefly at zero seconds and then again 

at five seconds. 

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Amended 07/01/04 93-6 

CC Air Quality Regulations 

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

observational record sheet. Each momentary observation recorded 

represents the average OPACITY of EMISSIONS for a 5-second 

period. While it is not required by the test method, EPA 

recommends that the observer estimate the size of vehicles which 

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

passenger car or heavy-duty truck) and the approximate speeds 

the vehicles are traveling when readings are taken. 

 (e) Step 5: Repeat Step 3 (Subsection 93.4.1.1 (c) of this Regulation) 

and Step 4 (Subsection 93.4.1.1 (d) of this Regulation) until you 

have recorded a total of 12 consecutive OPACITY readings. This will 

occur once six vehicles have driven on the source in your line of 

observation for which you are able to take proper readings. The 12 

consecutive readings must be taken within the same period of 

observation but must not exceed 1 hour. Observations immediately 

preceding and following interrupted observations can be considered 

consecutive. 

(f) Step 6: Average the 12 OPACITY readings together. If the average 

OPACITY reading equals 20% or lower, the source is in compliance 

with the OPACITY standard described in Section 93 of these 

Regulations. 

93.4.1.2 Silt Loading Test Method: The purpose of this test method is to estimate 

the silt loading of the representative surfaces of dust palliative and 

untreated shoulders and medians of PAVED roads. The higher the silt 

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

into the atmosphere when vehicles drive on unpaved shoulders and 

medians of PAVED roads. 

(a) Equipment: 

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

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

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

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

available sieves), a lid, and collector pan. 

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

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

or paintbrush with bristles no longer than 1.5 inches, 

dustpan, spatula, shallow container, sealable plastic bags.) 

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Amended 07/01/04 93-7 

CC Air Quality Regulations 

(3) Equipment necessary to complete field analysis of material. 

(e.g., weighting scale with half once increments, calculator, 

writing material.) 

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

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

not damp due to precipitation or dew. This statement is not meant 

to be a standard in itself for dampness where watering is being 

used as a CONTROL MEASURE. It is only intended to ensure that 

surface testing is done in a representative manner.] Gently press 

the edge of a dustpan into the surface to mark an area that is 1 

square foot. Collect a sample of loose surface material using a 

whiskbroom or brush and slowly sweep the material into the 

dustpan, minimizing escape of dust particles. Use a spatula or 

similar device to lift heavier elements such as gravel. Only collect 

dirt/gravel to an approximate depth of 3/8 inch in the 1 square foot 

area. If you reach a hard, underlying subsurface that is less than 

3/8 inch in depth, do not continue collecting the sample by digging 

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

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

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

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

be laid horizontally across the survey area while a ruler is held 

perpendicular to the dowel. 

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

into a plastic bag or container and return to the DAQM 

facilities to complete the remaining steps or take it to an 

independent laboratory for silt loading analysis. A reference 

to the procedure the laboratory is required to follow is at the 

end of this section. 

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

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

container on it. 

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

openings specified above, beginning with the largest size opening 

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

(0.25 mm) sieve. 

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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 windy days, use the trunk or door 

of a car as a wind barricade). Cover the stack with a lid. Lift up the 

sieve stack and shake it vigorously up, down and sideways or place 

on a powered shaker for at least 1 minute. 

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

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

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

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

each sieve (besides the top sieve that captures a range of larger 

elements) should look the same size. If this is not the case, re-stack 

the sieves and collector pan, cover the stack with the lid, and shake 

it again for at least 1 minute (you only need to reassemble the 

sieve(s) that contain material, which requires further sifting). 

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

sweep the material from the collector pan into the empty container 

calibrated on the scale in Step 2 (Subsection 93.4.1.2(c)). Take 

care to minimize escape of dust particles. You do not need to do 

anything with material captured in the sieves; only the collector pan. 

 Weigh the container with the material from the collector pan and 

record its weight. 

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

is the estimated silt loading. 

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

road shoulder or median and repeat this test method. Once you 

have calculated the silt loading of the 3 samples collected, average 

your results together. 

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

 0.33 oz/ft2, the surface is stable. 

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CC Air Quality Regulations 

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

samples from the source, according to Step 1 (Subsection 93.4.1.2 

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

for silt loading analysis rather than conduct the sieve field 

procedure. If so, the test method the laboratory is required to use 

is: 

"Procedures For Laboratory Analysis Of Surface/Bulk 

Loading Samples", (Fifth Edition, Volume I, 

Appendix C.2.3 "Silt Analysis", 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 PAVED roads. Two (2) 

inches of gravel are required to prevent vehicle tires from digging through 

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

greater the amount of fine dust particles that are entrained into the 

atmosphere when vehicles drive on gravel-stabilized shoulders. 

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

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

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

a small whisk broom or paintbrush with bristles no longer than 1.5 

inches, dustpan, spatula, shallow container, sealable plastic bags, 

ruler, and wood dowel or similar straight edge device. 

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

pavement that has an existing gravel surface that appears 

representative of the gravel shoulder. Using the spatula, remove 

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

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

gravel is placed well away from the cleared area. Place a wooden 

dowel or other similar narrow object across the cleared survey 

area, and measure, perpendicular to the narrow object, to depth of 

the cleared area to determine the depth of the gravel material. If 

the depth of the gravel material is less than two (2) inches, the area 

fails and is not considered stable. If the depth of the gravel material 

is two (2) inches or greater, go to Step 2 (Subsection 93.4.1.3 (c) of 

this Regulation). 

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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 into the sample bag, minimizing 

escape of dust particles. Collect all material to a one (1) inch depth 

in the one (1) square foot sampling frame. 

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

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

is found to have less than (2) inches of gravel under Step 1, the 

shoulder is considered to be unstable. Do not proceed with 

additional sampling. 

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

according to Step 3 (Subsection 93.4.1.3 (d) of this Regulation), are 

sent to a laboratory for silt content analysis. The test method the 

laboratory is required to use is: 

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

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

ASTM No. 200 wet Sieve Method to determine the 

percentage content of silt. 

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

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

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

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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. 

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Amended 07/01/04 94-1 

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 EMISSION of PARTICULATE MATTER into the AMBIENT AIR 

by preventing, controlling, and mitigating FUGITIVE DUST from 

CONSTRUCTION ACTIVITIES; and

(b) To establish FUGITIVE DUST control standards for Clark County, 

define reasonable precautions for the prevention and control of 

FUGITIVE DUST from all CONSTRUCTION ACTIVITIES and to establish 

thresholds for enforcement of these standards. 

94.2 Applicability. 

94.2.1 This section of the Air Quality Regulations applies to all CONSTRUCTION

ACTIVITIES that disturb or have the potential to disturb soils and that emit or 

have the potential to emit particulate matter into the atmosphere. This 

section covers the requirements for a Dust Control Permit and a Dust 

Mitigation Plan as well as the application procedures.

94.2.2 For the purpose of this Regulation, CONSTRUCTION ACTIVITIES include, but 

are not limited to, the following practices: 

(a) Land clearing, maintenance, and land cleanup using machinery; 

(b) soil and rock excavation or removal; 

(c) soil or rock hauling; 

(d) soil or rock crushing or screening; 

(e) filling, compacting, stockpiling and grading; 

(f) explosive blasting; 

(g) demolition; 

(h) implosion; 

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(i) handling of building materials capable 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 CONSTRUCTION site; and 

(p) establishing and/or using staging areas, parking areas, material 

storage areas, or access routes to or from a CONSTRUCTION site. 

94.2.3 This regulation shall not apply to operation of emission units or activities 

permitted under any other section of the Air Quality Regulations, with the 

specific exception that any CONSTRUCTION ACTIVITIES that occur at such 

facilities and the land area that Various Location Operating Permits are 

located on shall be subject to this regulation. 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 NORMAL FARM CULTURAL PRACTICES and 

existing equestrian facilities that are in compliance with zoning 

requirements. 

94.2.5 This regulation shall not apply to emergency activities that may disturb the 

soil, conducted by any utility or government agency in order to prevent 

public injury or restore critical utilities to functional status. 

94.3 Definitions. 

94.3.1 For the purpose of this section of the 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 available with current technology for reducing or 

eliminating the release of particulate matter into the atmosphere from 

construction activities. These include but are not limited to all measures 

listed in the Construction Activities Dust Control Handbook as Best 

Management Practices, any control measure required by a Corrective 

Action Order, and any other control measures required by the Control 

Officer. 

94.3.3 Construction Activities Dust Control Handbook: means the reference 

manual used to complete a Dust Control Permit and a Dust Mitigation 

Plan, and contains a listing of the Best Management Practices, copies of 

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which are on file in the office of the Clark County Department of Air Quality 

and Environmental Management. 

94.3.4 Department or DAQEM: means the Clark County Nevada, Department of 

Air Quality and Environmental Management. 

94.3.5 Dust Mitigation Plan: means an attachment to a Dust Control Permit that 

lists all the Construction Activities that shall occur and the Best 

Management Practices that shall be used, to mitigate dust at a permitted 

site. Upon approval of the application the Dust Mitigation Plan becomes 

an enforceable 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 operation 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 CONSTRUCTION ACTIVITIES, the property OWNER

AND/OR OPERATOR, who is the owners designee shall apply for and obtain a 

DUST CONTROL PERMIT from the Clark County Department of Air Quality 

and Environmental Management.

94.4.2 A DUST CONTROL PERMIT shall not be required for soil disturbing or 

CONSTRUCTION ACTIVITIES less than 0.25 acre in overall area, mechanized 

trenching less than one hundred (100) feet in length, or for mechanical 

demolition of any structure smaller than one thousand (1,000) square feet. 

94.4.3 The following activities shall not require a DUST CONTROL PERMIT: 

(a) Landscaping by an individual at his/her place of residence; 

(b) EMERGENCY maintenance activities conducted by government 

agencies on publicly maintained roads, road shoulders, right-ofways and on public flood control facilities; or, 

(c) Weed removal or dust palliative application projects conducted 

solely for the purpose of compliance with weed abatement or 

vacant land dust control regulations, wherein no grade elevation 

changes, no soil or rock is imported or exported, or no cut and fill 

operations occur. Importing of gravel or rock for use as a dust 

palliative is allowed under this subsection. 

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94.5 Permit Applications. 

94.5.1 Application for issuance or renewal of a DUST CONTROL PERMIT shall be 

made on a form and in a manner prescribed by the CONTROL OFFICER. 

94.5.2 Each application shall be accompanied by payment of a fee in accordance 

with Section 18.

94.5.3 Public agency maintenance projects, performed by that agency’s 

employees, may be eligible for a waiver of permit fees upon approval of 

the CONTROL OFFICER. 

94.5.4 All applications for a DUST CONTROL PERMIT shall include a Dust Mitigation 

Plan with appropriate CONTROL MEASURES from the Construction Activities 

Dust Control Handbook for every CONSTRUCTION ACTIVITY to be conducted. 

Other CONTROL MEASURES that are at least as effective as CONTROL 

MEASURES contained in the Construction Activities Dust Control Handbook 

may be implemented provided they meet the criteria outlined in Section 2 of 

the introduction to the Best Management Practices section of the handbook 

and with the approval of the CONTROL OFFICER. 

94.5.5 An application for a DUST CONTROL PERMIT for a CONSTRUCTION project ten 

(10) acres or more in area, for trenching activities one (1) mile or greater 

in length, or for structure demolition using implosive or explosive blasting 

techniques, shall be required to submit a detailed supplement to the Dust 

Mitigation Plan. This supplement shall be in the form of a written report 

and shall, at minimum, detail the project description, the area and 

schedule of the phases of land disturbance, the Control Measures and the 

Contingency Measures to be used for all CONSTRUCTION ACTIVITIES. This 

supplement shall become part of the DUST CONTROL PERMIT as an 

enforceable permit condition. 

94.5.6 An application for a DUST CONTROL PERMIT that includes demolition of a 

structure One thousand (1,000) square feet or greater in area or explosive 

blasting of rock or soil, shall include the appropriate supplemental form 

that is provided in Attachment 1 of the Construction Activities Dust Control 

Handbook for each activity. These forms shall become part of the DUST 

CONTROL PERMIT as an enforceable permit condition. 

94.5.7 An application for a Dust Control Permit for a Construction project of fifty 

(50) acres or more in area shall contain an actual soils analysis of the 

entire project. The soils analysis shall use the appropriate ASTM test 

method to determine soil types. If the soils 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 map shall be included in the application for the Dust 

Control Permit. The soils analysis shall utilize at least one (1) sample 

taken from the top one (1) foot of soil for each soil type identified. The 

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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 from the results of the soils analysis 

and the Silt Content vs. Optimum Moisture Content Chart (figure 2) in the 

Construction Activities Dust Control Handbook. The choice of Best 

Management Practices for the Dust Mitigation Plan may be different for 

each soil type area, if not, the highest PEP identified on the project shall 

be used. 

94.5.8 The application shall be signed by the property owner or the 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 DUST CONTROL PERMIT application, Dust 

Mitigation Plan and related maps and forms shall become a part of the 

DUST CONTROL PERMIT. 

94.6 DUST CONTROL PERMIT Requirements.

94.6.1 Issuance or renewal of each DUST CONTROL PERMIT requires payment of a 

DUST CONTROL PERMIT fee in accordance with Section 18. 

94.6.2 A DUST CONTROL PERMIT is to be granted subject to the right of inspection 

of such affected land without prior notice by the CONTROL OFFICER. 

94.6.3 The permit shall be granted subject to, but not limited to, the following 

conditions: 

(a) The permittee is responsible for ensuring that all PERSONS abide by 

the conditions of the permit and these regulations; 

(b) The permittee is responsible for supplying complete copies of the 

DUST CONTROL PERMIT including the Dust Mitigation Plan, to all 

project contractors and subcontractors; and, 

(c) The permittee is responsible for all permit conditions, until a 

Certificate of Project Completion (form DCP 08 see Attachment 1) 

has been submitted by the permittee and approved by the Control 

Officer. 

94.6.4 The signature of the OWNER AND/OR OPERATOR who is the OWNER’s 

designee on the DUST CONTROL PERMIT shall constitute agreement to 

accept responsibility for meeting the conditions of the permit and for 

ensuring that Best Available Control Measures are implemented 

throughout the project site. 

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94.6.5 Requirements and conditions of the DUST CONTROL PERMIT shall be made 

a part of the specifications of the CONSTRUCTION contract between the 

owner and prime contractor and contracts between the prime contractor 

and applicable subcontractors. Said contracts must provide a monetary 

allowance for any dust control options specified in the Dust Mitigation 

Plan. The amount of the allowance may be specified either by the OWNER, 

competitively bid, or negotiated 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 only by a public or private roadway and that 

cumulatively equal or exceed 0.25 acre in area are also required to obtain 

a DUST CONTROL PERMIT. These projects are required to meet all DUST 

CONTROL PERMIT requirements based on cumulative area. All contiguous 

projects under common control may be required to obtain and operate 

under a single permit, at the discretion of the CONTROL OFFICER. 

94.6.7 A DUST CONTROL PERMIT shall be required for routine, public agency road 

maintenance, road shoulder maintenance, flood control facility 

maintenance, and maintenance activities that disturb soil and are capable 

of causing FUGITIVE DUST. Such Dust Control Permits may be issued 

based upon written monthly, quarterly, semi-annual, or annual schedules 

of work for routine maintenance activities. Such permits shall include a 

Dust Mitigation Plan listing all activities to be performed that may disturb 

the soil, and shall include BEST MANAGEMENT PRACTICES for all these 

activities. Public agencies shall quantify miles and acres of maintenance 

activities to be performed under the conditions of the Dust Control Permit. 

94.6.8 The permit holder shall notify the DEPARTMENT OF AIR QUALITY AND 

ENVIRONMENTAL MANAGEMENT in writing within ten (10) days following the 

cessation of active operations on all or part of a CONSTRUCTION site when 

cessation will extend thirty (30) days or longer. 

94.6.9 A Dust Control Permit is valid for one calendar year from the date of 

issuance. 

94.6.10 A complete copy of the Dust Control Permit shall be kept on the project 

site at all times that Construction Activities occur and made available upon 

request of the Control Officer. 

94.7 General and Administrative Standards.

94.7.1 Anyone engaging in CONSTRUCTION ACTIVITIES on a site having a Dust 

Control Permit shall be subject to all conditions set forth in that permit. 

Failure to comply with any condition set forth in the permit shall be in 

violation of this section of the Air Quality Regulations. 

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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 DUST CONTROL PERMIT: Restrictions on issuance; 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 OWNER AND/OR OPERATOR has three (3) Notices of Violation that have 

been adjudicated by the HEARING OFFICER at the same project for which 

the Dust Control Permit was issued, the CONTROL OFFICER or his/her 

representative may suspend or revoke the permit. Upon suspension or 

revocation of a permit, all activities that are authorized by that permit shall 

cease. The CONTROL OFFICER shall post notices of suspension or 

revocation conspicuously on the property involved. The notice shall state 

the reasons and indicate the date and time of suspension and/or 

revocation. The suspension or revocation shall remain in effect until such 

time as rescinded by the CONTROL OFFICER. If the permit has been 

suspended, the permit may be reinstated. 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. The permittee shall have a right to 

hearing before the HEARING OFFICER within five (5) working days from date 

of issuance of the suspension or revocation. Alternatively, in such 

instances, the CONTROL OFFICER may require compliance with Subsection 

94.7.6 for all operators of earth moving or soil disturbing equipment. 

94.7.3.3 If during any 180 day period an OWNER AND/OR OPERATOR has three (3) 

NOTICES OF VIOLATION that have been adjudicated by the HEARING OFFICER

for the same construction site, the CONTROL OFFICER shall require the 

posting of a surety bond to ensure implementation of the mitigation 

measures set forth in the approved Dust Control Permit for the subject 

site. If an OWNER AND/OR OPERATOR has two (2) or more NOTICES OF 

VIOLATION that have been adjudicated by the HEARING OFFICER from the 

DAQEM for: failure to obtain a Dust Control Permit; failure to implement 

BEST MANAGEMENT PRACTICES; or failure to comply with a Corrective Action 

Order, the CONTROL OFFICER may, as a condition of obtaining or 

maintaining a Dust Control Permit, issue a Corrective Action Order 

requiring the OWNER AND/OR OPERATOR to post a surety bond to ensure the 

implementation of the mitigation measures set forth in said Dust Control 

Permits. 

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The OWNER AND/OR OPERATOR shall provide the CONTROL OFFICER the 

surety bond executed in a form acceptable to the CONTROL OFFICER for the 

approved Dust Control Permit as the principal with a corporation 

authorized to transact surety business in the State of Nevada. The OWNER 

AND/OR OPERATOR shall condition the surety bond upon the faithful 

performance of all other conditions of the permit and faithful compliance 

with the provisions of these 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 implementing the dust CONTROL MEASURES 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 PERSON aggrieved by a decision of the CONTROL OFFICER pursuant to 

this section may appeal in accordance with Section 7 of these 

Regulations. 

94.7.4 Corrective Action Orders (CAO) and Notices of Violation (NOV). 

94.7.4.1 If it is found that any provision of Section 94, a DUST CONTROL PERMIT, or a 

Dust Mitigation Plan has not been complied with, the CONTROL OFFICER

may issue a Corrective Action Order to any OWNER AND/OR OPERATOR or 

other PERSON that they may be in violation of these regulations and said 

finding shall be corrected within a specified period of time, dependent 

upon the scope and extent of the problem. 

94.7.4.2 The failure to comply with the corrective 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 Corrective Action Order has been issued, the 

CONTROL OFFICER may issue a Notice of Violation upon determination that 

the OWNER AND/OR OPERATOR is out of compliance with any provisions of 

this section of the Air Quality Regulations, a DUST CONTROL PERMIT, a Dust 

Mitigation Plan, or upon the failure to comply with a previously issued 

Corrective Action Order. 

94.7.4.4 The CONTROL OFFICER, or his/her designee shall be further empowered to 

enter upon any said land where any loose soil or dust problem exists, and 

to take such remedial and corrective action as may be deemed 

appropriate to cope with and relieve, reduce, or remedy the loose soil, 

dust situation or condition, when the OWNER AND/OR OPERATOR fails to do 

so. 

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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 PERSON acting for the Department of Air Quality and Environmental 

Management shall be reimbursed by the land OWNER AND/OR OPERATOR. If 

these costs are not reimbursed the CONTROL OFFICER may request a lien 

be placed on the subject lands that shall remain in full force and effect 

until any and all such costs have been collected. 

94.7.4.5 Any additional CONTROL MEASURES prescribed by the CONTROL OFFICER in 

a Corrective Action Order, issued to the holder of a Dust Control Permit, 

shall become a part of that permit’s Dust Mitigation Plan. 

94.7.5 Dust Control Monitor.

94.7.5.1 Any CONSTRUCTION project having 50 acres or more of actively disturbed 

soil at any given time shall be required by the CONTROL OFFICER to have in 

place an individual designated as the Dust Control Monitor with full 

authority to ensure that dust CONTROL MEASURES are implemented, 

including inspections, record keeping, deployment of resources, and shutdown or modification of CONSTRUCTION ACTIVITIES as needed. This 

individual shall be listed on the Construction Site Dust Control Monitor 

form provided in Attachment 1 of the Construction Activities Dust Control 

Handbook. 

94.7.5.2 A Dust Control Monitor shall also be required for individually permitted 

projects that have less than fifty (50) acres of actively disturbed soil if they 

are: 

(a) under common control and are either contiguous or separated by a 

public or private roadway and cumulatively have fifty (50) acres or 

more of actively disturbed soil; or 

(b) under common control and not contiguous, 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 CONSTRUCTION 

ACTIVITIES occur on the project site and shall 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 

CONTROL OFFICER. 

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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 CONSTRUCTION industry; and, 

(d) successfully completed a course that certifies him/her in Visual 

Emissions Evaluation (VEE) that has been approved or is 

conducted by the CONTROL OFFICER. 

94.7.5.6 For a Dust Control Monitor to maintain his/her certification he/she must 

successfully complete the Dust Control Monitor class at least once every 

three years. 

94.7.6 Dust Control Class. 

94.7.6.1 The CONSTRUCTION site superintendent or other designated on-site 

representative of the project developer and all construction site 

supervisors and foremen shall be required to have successfully completed 

a Clark County Department of Air Quality and Environmental Management 

Dust Control Class. 

94.7.6.2 Water truck and water pull driver(s) for each CONSTRUCTION project shall 

be required to have successfully completed a Clark County Department of 

Air Quality and Environmental Management Dust Control Class. 

94.7.6.3 All individuals required to attend and successfully complete the Dust 

Control Class shall do so at least once every three years. 

94.7.6.4 CONSTRUCTION site workers and equipment operators, 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 demolition of a structure 

totaling one thousand (1,000) square feet or more, the permittee shall 

install a sign on the project site prior to commencing CONSTRUCTION

ACTIVITY that is visible to the public and measures, at minimum, four (4) 

feet wide by four (4) feet high, conforming to Department policy on Dust 

Control Permit Design and Posting of Signage listed in Attachment 4 of 

the Construction Activities Dust Control Handbook. 

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94.7.7.2 For each Dust Control Permit issued where the project site is over ten (10) 

acres, or for trenching projects aggregating one (1) mile or greater in 

length, the permittee shall install a sign on the project site prior to 

commencing CONSTRUCTION ACTIVITY and visible to the public and 

measures, at minimum, eight (8) feet wide by four (4) feet high, 

conforming to Department policy on Dust Control Permit Design and 

Posting of Signage listed in Attachment 4 of the Construction Activities 

Dust Control Handbook. 

94.7.7.3 Projects shorter than two (2) weeks in duration may request a waiver of 

the requirement of posting a DUST CONTROL PERMIT Sign. 

94.7.8 Record Keeping.

94.7.8.1 On a site having a Dust Control Permit a written record of self inspection 

shall be made each day soil disturbing work is conducted. The “Record of 

Daily Dust Control” form provided in Appendix A of the Construction 

Activities Dust Control Handbook, or other written record that provides at a 

minimum the same information, shall be completed. 

94.7.8.2 Records of CONSTRUCTION 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 conditions and cleanup measures, daily 

water usage, DUST SUPPRESSANT application records, etc. 

94.7.8.3 For CONTROL MEASURES involving chemical or organic soil stabilization, 

records shall indicate the type of product applied, vendor name, label 

instructions for approved usage, and the method, frequency, 

concentration, and quantity of application. 

94.8 Soil Stabilization Standards. 

94.8.1 All permittees, contractors, OWNERS, operators, or other PERSONS

involved in CONSTRUCTION ACTIVITIES shall employ CONTROL MEASURES 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 the 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 Test outlined in Subsection 94. 12.5; 

or 

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(c) The soil shall be completely covered with clean gravel or treated 

with a DUST SUPPRESSANT approved by the CONTROL OFFICER, to the 

extent necessary to pass a Drop Ball Test outlined in Subsection 

94.12.5. 

94.8.3 When a CONSTRUCTION site or part thereof becomes 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 high shall have a road bladed to the top to 

allow water truck access or shall have a sprinkler irrigation system 

installed, used and maintained. 

94.9 Best Available Control Measures (BACM) 

94.9.1 Any PERSON who engages in a Construction Activity as defined in this 

regulation shall employ BACM for the purpose of dust control. 

94.9.2 All CONTROL MEASURES that are necessary to maintain soil stability as well 

s those listed in an approved Dust Mitigation Plan, shall be implemented 

twenty four (24) hours a day, seven (7) days a week, until the permit is 

closed in accordance with Subsection 94.6.3(c). 

94.9.3 In the event there are wind conditions that cause FUGITIVE DUST

EMISSIONS; in excess of 20% OPACITY using the Time Averaged Method or 

Intermittent Emissions Method, in excess of 50% OPACITY using the 

Instantaneous Method, or one hundred (100) yards in length from the 

point of origin, in spite of the use of Best Available CONTROL MEASURES, all 

CONSTRUCTION ACTIVITIES that may contribute to these emissions shall 

immediately cease. Water trucks and water pulls shall continue to operate 

under these circumstances, unless wind conditions are such that the 

continued operation of watering equipment cannot reduce FUGITIVE DUST

EMISSIONS or that continued equipment operation poses a safety hazard. 

94.9.4 If a Dust Control Permit is not required, the OWNERS, operators, or any 

other PERSON involved in CONSTRUCTION ACTIVITIES shall employ BEST 

MANAGEMENT PRACTICES, as set forth in the Construction Activities Dust 

Control Handbook and comply with the soil stabilization standards listed in 

Subsections 94.8 and emissions standards listed in Subsection 94.11. 

94.10 CONSTRUCTION ACTIVITIES Violations. 

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94.10.1 Any of the following circumstances constitute a violation of the Clark 

County Air Quality Regulations: 

(a) Failure to obtain an approved DUST CONTROL PERMIT before 

engaging in activities that disturb or have the potential to disturb 

soils and/or cause or have the potential to cause FUGITIVE DUST to 

enter the air. 

(b) Failure to obtain an approved DUST CONTROL PERMIT for all areas 

subject to CONSTRUCTION ACTIVITIES. 

(c) Conducting a CONSTRUCTION ACTIVITY as defined by Subsection 

94.2 for which no specified control option is indicated in the 

approved DUST CONTROL PERMIT or the Dust Mitigation Plan. 

(d) Failure to perform any duty to allow or carry out an inspection, 

entry, or monitoring activity required by the Department of Air 

Quality and Environmental Management. 

(e) Failure to renew or obtain a new permit, prior to a DUST CONTROL 

PERMIT expiring, provided the site does not meet the exemption 

requirements for a DUST CONTROL PERMIT as defined in Subsection 

94.4.2. 

(f) Failure to implement any item that is listed as a “Requirement” in 

the Best Management Practices section of the Construction 

Activities Dust Control Handbook for an applicable Construction 

Activity. 

(g) Failure to implement any BEST MANAGEMENT PRACTICE listed in an 

approved DUST CONTROL PERMIT / 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 alternative control measures approved in 

the Dust Mitigation Plan. 

(i) Failure to comply with any record keeping requirements of this 

section. 

(j) Failure to maintain project haul routes or haul roads in a stable 

condition as measured by the Intermittent Emissions test method 

outlined in Section 94.12.3. 

(k) Failure to have a Dust Control Monitor in place, per Subsection 

94.7.5, for a Construction project. 

(l) Allowing FUGITIVE DUST emissions to exceed the standards set forth 

in Subsection 94.11.1 through 94.11.4. 

(m) Using a dry rotary brush or blower device without sufficient water to 

limit emissions per Subsection 94.11.5. 

(n) Allowing mud or dirt to be tracked out onto a paved road that 

exceed the standards set forth in Subsection 94.11.6. 

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(o) Failure to comply with any other provision of this section. 

94.11 Emission Standards. 

94.11.1 No PERSON shall cause or permit the handling, transporting, or storage of 

any material in a manner that allows visible emissions of particulate matter 

to exceed: 20% OPACITY using the Time Averaged Method or the 

Intermittent Emissions Method; 50% OPACITY using the Instantaneous 

Method. These Test Methods are set forth in Subsection 94.12. 

94.11.2 No PERSON shall cause or permit the handling, transporting, or storage of 

any material in a manner that allows a dust plume that extends one 

hundred (100) yards or more, horizontally or vertically, from the point of 

origin. 

94.11.3 Where a DUST CONTROL PERMIT is required and has not been issued or in 

the event Best Available CONTROL MEASURES have not been fully 

implemented, no PERSON shall cause or permit the handling, 

transportation, or storage of any material in a manner that exceeds the 

limits listed in any one 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, from 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% OPACITY for any period aggregating three (3) minutes 

in any sixty (60) minute period, utilizing the test method set forth in 

Subsection 94.12. 

94.11.5 The use of dry rotary brushes and blower devices 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 OPACITY of not greater than: 

20% OPACITY using the Time Averaged Method or Intermittent Emissions 

Method; 50% OPACITY 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) feet or more in cumulative length from 

the point of origin or allow any trackout to accumulate to a depth greater 

than 0.25 inch. Notwithstanding the preceding, all accumulations of mud 

or dirt on curbs, gutters, sidewalks, or paved roads including trackout less 

than fifty (50) feet in length and 0.25 inch in depth, shall be cleaned and 

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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 OPACITY of EMISSIONS from Sources of Visible 

EMISSIONS. 

Applicability: This method is applicable for the determination of the OPACITY

of EMISSIONS from sources of visible EMISSIONS The Time Averaged Method 

requires averaging of visible EMISSION readings over a specific time period to 

determine the OPACITY of visible EMISSIONS. The Time Averaged Method is 

applicable to continuous EMISSIONS sources. The Intermittent Emissions 

Method requires averaging a set number of visible EMISSIONS readings to 

determine the OPACITY of visible EMISSIONS. The Intermittent Emissions 

Method is applicable to Intermittent EMISSIONS sources. The Instantaneous 

Method sets an OPACITY limit that shall not be exceeded at any time. The 

Instantaneous Method is applicable to any emissions source and is a nonfederal requirement. 

Principle: The OPACITY of EMISSIONS of a source of visible EMISSIONS is 

determined visually by an observer who has current certification approved by 

the Control Officer, as a qualified Visible EMISSIONS Evaluator, using US EPA 

Method 9. 

Procedures: A qualified Visible EMISSIONS Evaluator shall use the 

procedures set forth in Subsections 94.12.2, 94.12.3, and 94.12.4 for visually 

determining the OPACITY of EMISSIONS. 

94.12.2 Time Averaged Method: These procedures is for evaluating continuous 

FUGITIVE DUST EMISSIONS and are for the determination of the OPACITY of 

continuous FUGITIVE DUST EMISSIONS by a qualified observer. Continuous 

FUGITIVE DUST EMISSIONS sources include activities that produce emissions 

continuously during operations such as earthmoving, grading, and trenching. 

Emissions from these types of continuous activities are considered 

continuous even though speed of the activity may very and Emissions may 

be controlled to 100%, producing no visible 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 

FUGITIVE DUST source in order to provide a clear view of the 

EMISSIONS with the sun oriented in the 140° sector to the back. 

Consistent as much as possible with maintaining the above 

requirements, make OPACITY observations from a position such that 

the line of sight is approximately perpendicular to the plume and wind 

direction. The observer may follow the FUGITIVE DUST plume 

generated by mobile earth moving equipment, as long as the sun 

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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, FUGITIVE DUST source 

type (e.g., earthmoving, grading, trenching), method of control used, if 

any, observer’s name, certification data and affiliation, and a sketch of 

the observer’s position relative to the FUGITIVE DUST source. Also, 

record the time, estimated distance to the FUGITIVE DUST source 

location, approximate wind direction, estimated wind speed, 

description of the sky condition (presence and color of clouds), 

observer’s position relative to the FUGITIVE DUST source, and color of 

the plume and type of background on the visible EMISSION observation 

when OPACITY readings are initiated and completed. 

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

using a contrasting background that is perpendicular to the line of 

sight. Make OPACITY observations at a point just beyond where 

material is no 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 immediately after a plume has been 

created above the surface involved. Do not look continuously at the 

plume, but instead observe the plume momentarily at 15-second 

intervals. For FUGITIVE DUST from earthmoving equipment, make 

OPACITY observations at a point just beyond where material is not 

being deposited out of the plume (normally three (3) feet above the 

mechanical equipment generating the plume). 

(d) Recording Observations: Record the OPACITY observations to the 

nearest 5% every fifteen (15) seconds on an observational record 

sheet. Each momentary observation recorded represents the 

average OPACITY of EMISSIONS for a fifteen (15) second period. If a 

multiple plume exists at the time of an observation, do not record an 

OPACITY reading. Mark an “x” for that reading. If the equipment 

generating the plume travels outside of the field of observation, 

resulting in the inability to maintain the orientation of the sun within the 

140° sector or if the equipment ceases 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) consecutive readings, calculate the 

appropriate average OPACITY. Sets shall consist of consecutive 

observations, however, readings immediately preceding and following 

interrupted readings shall be deemed consecutive and in no case 

shall two sets overlap, resulting in multiple violations. 

94.12.3 Intermittent EMISSIONS Method: This procedure is for evaluating Intermittent 

FUGITIVE DUST EMISSIONS: This procedure is for the determination of the 

OPACITY of intermittent FUGITIVE DUST EMISSIONS by a qualified observer. 

Intermittent FUGITIVE DUST EMISSIONS sources include activities that produce 

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emissions intermittently such as screening, dumping, and stockpiling where 

predominant emissions are produced intermittently. The qualified observer 

should do the following: 

(a) Position: Stand at a position at least twenty (20) feet from the 

FUGITIVE DUST source in order to provide a clear view of the 

EMISSIONS with the sun oriented in the 140° sector to the back. 

Consistent as much as possible with maintaining the above 

requirements, make OPACITY observations from a position such that 

the line of sight is approximately perpendicular to the plume and wind 

direction. 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, FUGITIVE DUST source 

type (e.g., pile, material handling, transfer, 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 FUGITIVE DUST

source. Also, record the time, estimated distance to the FUGITIVE 

DUST source location, approximate wind direction, estimated wind 

speed, description of the sky condition (presence and color of clouds), 

observer’s position relative to the FUGITIVE DUST source, and color of 

the plume and type of background on the visible EMISSION observation 

when OPACITY readings are initiated and completed. 

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

using a contrasting background that is perpendicular to the line of 

sight. Make OPACITY observations at a point just beyond where 

material is no longer being deposited out of the plume (normally three 

(3) feet above the surface from which 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 observation should begin immediately 

after a plume has been created above the surface involved. 

(d) Recording Observations: Record the OPACITY observations to the 

nearest 5% on an observational record sheet. Each momentary 

observation recorded represents the average OPACITY of EMISSIONS

for a five (5) second period. 

(e) Repeat Subsection 94.12.3(c) of this Regulation and Subsection 

94.12.3(d) of this Regulation until you have recorded a total of 12 

consecutive OPACITY readings. This will occur once six intermit 

plumes on which you are able to take proper readings have been 

observed. The 12 consecutive readings must be taken within the 

same period of observation but must not exceed 1 hour. 

Observations immediately preceding and following interrupted 

observations can be considered consecutive. 

(f) Average the 12 OPACITY readings together. If the average OPACITY

reading equals 20% or lower, the source is in compliance with the 

averaged method OPACITY standard described in this Section. 

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94.12.4 Instantaneous Method: This is a non-federal procedure for evaluation of 

FUGITIVE DUST EMISSIONS: This procedure is for the instantaneous 

determination of the OPACITY of FUGITIVE DUST EMISSIONS by a qualified 

observer. This method is a Clark County local requirement and is not 

submitted as part of the applicable State Implementation Plan. The qualified 

observer should do the following: 

(a) Position: Stand at a position at least twenty (20) feet from the 

FUGITIVE DUST source in order to provide a clear view of the 

EMISSIONS with the sun oriented in the 140° sector to the back. 

Consistent as much as possible with maintaining the above 

requirements, make OPACITY observations from a position such that 

the line of sight is approximately perpendicular to the plume and wind 

direction. The observer may follow the FUGITIVE DUST plume 

generated by mobile earth moving equipment, as long as the sun 

remains oriented 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, FUGITIVE DUST 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 affiliation, and a sketch of the observer’s 

position relative to the FUGITIVE DUST source. Also, record the time, 

estimated distance to the FUGITIVE DUST source location, approximate 

wind direction, estimated wind speed, description of the sky condition 

(presence and color of clouds), observer’s position relative to the 

FUGITIVE DUST source, and color of the plume and type of background 

on the visible EMISSION observation when OPACITY readings are 

initiated and completed. 

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

using a contrasting background that is perpendicular to the line of 

sight. Make OPACITY observations at a point just beyond where 

material is no longer being deposited out of the plume (normally three 

(3) feet above the surface from which the plume is generated). 

(d) Recording Observations: Record the OPACITY observations to the 

nearest 5%. 

(e) Data Reduction For Instantaneous Regulations: Evaluate all 

observations for conformance with the instantaneous regulation. 

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94.12.5 Soil Crust Determination (The Drop Ball Test): 

(a) Drop a steel ball with a diameter of 0.625 (5/8th) inch and a mass 

ranging from 0.56-0.60 ounce from a distance of one (1) foot 

directly above the soil surface. If blowsand is present, clear the 

blowsand from the surfaces on which the soil crust test method is 

conducted. Blowsand is defined as thin deposits of loose 

uncombined grains covering less than 50% of a project site that 

have not originated from the representative 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 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 into the surface, so that it is 

partially or fully surrounded by loose 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 representative 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 survey tape attached). Using the 

point of fall as the lower left hand corner, measure a one (1) foot 

square area. Drop the ball three times within the 1-foot by 1-foot 

square survey area, using a consistent pattern across the survey 

area. The survey area shall be considered to have passed the Soil 

Crust Determination Test if at least two out of the three times that 

the ball was dropped, the results met the criteria in Subsection 

90.4.1.1(a) of this Regulation. Select at least two other survey 

areas that represent a random portion of the overall disturbed 

conditions 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 necessary on each portion of the overall 

conditions of the site using the random selection method set forth in 

Subsection 90.4.1.1(b) of this Regulation for an accurate 

assessment. 

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History: Initial adoption: June 22, 2000 

Amended: November 16, 2000; March 18, 2003; June 3, 2003; July 1, 2004. 

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