### Regulation Amendments

040.030 DUST CONTROL
040.033 FOOD ESTABLISHMENTS
040.200 DIESEL ENGINE IDLING

Strikeout material is to be deleted Underlined and bold material is to be added

Version: 11/15/93 Post-workshop

### DRAFT 040.030 Version 11/15/93

040.030 DUST CONTROL
A. Prohibitions 1. Any person engaged in:
a. Dismantling or demolition ofbuildings; b. Public or private construction; C. 

### Mining; d. Processing ofsand, gravel, rock or dirt; e. Operation of machines or equipment; f. Operation and use of unpaved parking facilities; g. Agricultural operations; h. Operation and use oflivestock arenas; i. Operation and use ofhorse arenas; 

## j. Operation offeed lots; or k. Operation and use ofraceways for animals or motorvehicles; shall take all reasonable precautions to prevent the generation of dust. Reasonable precautions may include, but are not limited to, shall include one or more of the folIowin~. as required to control fu&tive dust: cessation of operations, clean-up, sweeping, sprinkling, compacting, enclosure, chemical or asphalt sealing, and use of windscreens or snow fences. 2. Except when engaged in commercial agricultural operations, no person may disturbthetopsoil orremovetheground coveron any real propertyand thereafter allow the property to remain unoccupied, unused, vacant or undeveloped unless reasonable precautions are taken to prevent generation of dust. A dust control plan must be submitted and approved by the Control Officer before topsoil is disturbed on any project where more than one (1) acre of surface area is to be altered or where the natural surface area is removed. In the dust control plan, the Control Officer ~iey shall require use of palliatives, reseeding, or other means to minimize windblown dust, if determined necessary.Draft 

### 040.030 ver. 11/15/93

4. Sand and abrasive blasting operations are prohibited unless one ofthe following control methods are employed:
a. The use ofeffective enclosures which prevent release ofdust to the atmosphere. b. The use ofwaterinjection in the abrasive stream 

### in amounts sufficientto control the plume to the Control Officer’s satisfaction. c. The use of only California Air Resources Board certified abrasives (less than 1% passing a US #70 sieve) for blasting. Unless theobjectbeing treated with abrasives is immovable, theobjectbeing blasted shall be positioned at least24 inches abovetheground to prevent reentrainment ofdust. In no case may shall the opacity of the emissions produced by any ofthese operations exceed 40% or a Ringleman #2. 5. Anyvehicle operating on a paved roadway with a load ofdirt, sand, orgravel susceptible to being dropped, spilled, leaked or otherwise escaping therefrom, must take one ofthe following control measures: a. Six (6) inches of freeboard is maintained within the bed of the vehicle. For the purposes ofthis regulation, “freeboard” meansthevertical distancefrom thehighest portion ofthe edge ofthe load to the lowest part ofthe rim ofthe truck bed. b. Materials contain enough moistureto control dustemissions from thepointoforigin to their final destination. Wherever possible, the use ofdust suppressants must be applied in conjunction with the water.
c. In the event that measures A or B are ineffective in preventing materials from escaping, tarps or other cargo covers shall be employed.Draft



### 040.030 ver. 11/15/93

Forany 

### proposed division ofland, special 

### use permit

### application orzonechange, the Control Officer ~ayshall require the applicant to submit soils data and any 

### otherpertinent data forthe area in which the development is proposed. if determined necessary.

If a determination is made that disturbance or development of the site may cause the generation ofdust, the Control Officer+na~ shall require one or more ofthe following:
a. phased 

### clearing ofthe land; b. the use ofpalliatives;
c. the use ofwater; d. the use ofsnow fencing;
e. the use ofwind screens; f. reseeding g. controls on single lot development approved as a part 

### ofa land division subject to these regulations. After commencement of development ifthe approved elements of the dust control plan prove ineffective, the Control Officer fiifi~ 

### shall require additional control measures to be instituted. Phasing will not be required as a control strategy after a project is under construction. In the case ofsubdivisions, condominiums and planned unitdevelopments, a dust control plan must be submitted as a part 

### ofthe final map approval process. If a development, which will involve the disturbance of more than one acre of land~ requires a special 

### use permit, the Control Officer ~ shall require the dust control plan to be submitted and become a condition ofthe special use permit process. 3. No person may shall cause or permit 

### the handling or storage ofany material in a manner which results, or may result~ in the generation ofdust.Draft

040.030 ver. 11/15/93

This section does not prohibit a public maintenance vehicle from depositing sand on a paved roadway to enhance traction, or sprinkling water or other substances to clean or maintain a highway. 6. Paved entryaprons orothereffectivecleaning techniques (e.g., wheel washers), maysbiiji be required by the Control Officer, if determined necessary, to prevent tracking Onto paved roadways. Paved entry aprons may include road sections of coarse aggregate or steel grate to “knock off” dirt which accumulates on the vehicle and/or vehicle wheels. Any material which is tracked onto a paved roadway must be removed (swept orwashed) as quickly as safely possible. Exceptions to this provision may be made by the Control Officer for the construction, maintenance, and/or repair of paved roadways and for the application of de-icing and traction materials for wintertime driving safety. B. Correction of Condition Ifthe Control Officer documents that a person is in noncompliance with any ofthe provisions contained in Subsection A ofthis section, he shall notify the person ofthat fact and shall issue a written Notice ofViolation warning which will specify a period oftime in which the person must achieve compliance. In no case shall this period oftime to achieve compliance exceed 24 hours. If, after the issuance of one written Notice of Violation warnin! per year per specific project, or three written Notices of Violation warnings per company or person~ each at a differentspecific project, the Control Officerdocuments that a person is en!ag~ in operations oractivities which are or are continuin! to be in non-compliance with any of the provisions of Subsection A of this section, he shall notify the person of that fact and shall issue a written Notice ofViolation citation. Operations and activities which have been duly warned and cited per the provisions ofthis subsection shall be subject to additional citations daily upon documentation of continued or further non-compliance. Failure to comply within that timc with the provisions ofSubsections A and B ofthis section constitutes grounds for imposition of penalty penalties set forth in Section 020.040 of these regulations. C. Remedial Action The Control Officer, after proper notice, may enter upon any real property were dust is being generated and take such remedial and corrective action as he deems necessary.Draft

040.030 

### ver. 11115/93



### D. Costs Any costs incurred in Connection 

### with any remedial 

### or corrective action 

### taken by the Control Officer, pursuant to this section, shall be assessed against the owner ofthe property involved. Failure to pay the full amountofsuch incurred costs shall result in a lien against the property. 

### The lien shall remain in fuU force and effect until 

### any and all costs have been fullypaid, which may include, but are 

### not limited to, cost ofcollection and reasonable attorney fees.DRAFT 040.033 Version 11/15/93 Post-workshop

040.033 FOOD ESTABLISHMENTS Food establishments operating devices to cookfood that emit more than two (2) pounds per day of air emissions, must obtain a Permit to Operate. Whenever there is a change of ownership, significantequipmentmodification, ornewconstruction, establishmentswith emissionsexceeding ten (10) pounds perday must apply BestAvailable ControlTechnology (BACT). All restaurants exceeding 20 pounds/day must meet the BACT requirement no later than July 1, 1994. BACT may include, but is not limited to, the use ofgrooved griddles, exhaust control, mist eliminator systems, etc. Emissions will be calculated using the latest availableemission factors forthis source and all emissions will be considered. including. but not limited to, PMIO. CQ,, VOCs. and NOx.DRAFT 040.200 Version 11/15/93 Post-workshop

040.200 DIESEL ENGINE 

### IDLING Except as otherwise provided in this subsection, a person shall not idle the engine ofa diesel truck or bus for more than 15 consecutive minutes. The provisions ofthis subsection do not apply to a diesel truck or a bus: A.

~A. €~B. 

# ~c. E~D.

GTE.

~F. For whieh the ~istriet Board 

### has issued a varianee from the requirements ef this subseetien. A varianée is net effeetive 

### during an air 

### pollution emergeney episode stage 

### declared by•the Health 

### Authority. Which is an emergency vehicle. Used for the removal ofsnow. Used to repair or maintain other motorvehicles. Which is traveling on a public right ofway from one place to another. F. The emission from whieh is eentauuu unu 

### treated by 

### a method approved by the Gentrel 

### Officer. The engine ofwhich must idle to perform a specific task for which it is designed such as well drilling, trenching or hoisting. Such a diesel truck ora bus may not idleformorethan 15 consecutiveminutesduring an airpollution emergencyepisode stage declared by the Health Authority. Which is idling while maintenanee preeedures are being performed at a repair 

### faci1ity-~ When idlin! is necessaryas Dart

### ofa maintenanceprocedure performed at a repair facility!

# PUBLIC WORKSHOP

The Washoe County District Health Department is conducting a workshop to discuss amendments to the Washoe County District Board of Health Regulations Governing Air Pollution Control. The proposed changes to the regulatiorl5 ~ire being requested by the U.S. Environmental Protection Agency and are necessary for the approval of the State Implementation Plan for Parficu)~ates (PM1O) for the Truckee Meadows Air Basin. The affected sections of the regulations are:

040.030 Dust Control 040.033 Food Establishments 040.200 Diesel Engine Idling
This is a workshop for the discussion of possible amendments to the regulations; no final action will be taken at this meeting. For further information please contact the Air Quality Management Division at 328—2491.
DATE: November 10, 1993 TIME: 12:00 Noon PLACE: District Health Dept.

North Auditorium 1001 E. Ninth Street Reno, NV 

## ~~‘7 ~MEMO

To: Brian L. Jennison, Director From: Andrew C. Goodrich, Air Pollution Specialist II Re: Public Workshop

- PM10 Regulation Amendments November 10, 1993 Minutes, Comments, and Discussion

A public workshop was held on November 10, 1993, in the North Auditorium ofthe Washoe County DistrictHealth Departmenttodiscuss possibleamendmentstoWashoeCounty DistrictHealth Department regulations governing air pollution control, sections 040.030, 040.033, and 040.200. Andrew Goodrich, Air Pollution Specialist, opened the meeting at approximately l2:lOpm with a discussion ofthe PM1O State Implementation Plan for the Truckee Meadows non-attainment area. He explained that the contents of the plan included ambient monitoring data, WCDHD air pollution regulations, and airqualityprojections. Goodrich continued bysayingthatthe planhas notyetbeenfully approved by EPA. In orderforthe EPA to approvethe SIP, the regulations contained in the plan must be federally enforceable. Through the EPA review process, three ofthe regulations were found to be deficient, in that they left too much discretion in the enforcement ofthe regulations to the local Control Officer. Staffbelieves thattheproposed amendments presentedtodaywould correctthedeficiencies and allowfor approval ofthe SIP. Brian L. Jennison, Director, then reviewed the proposed amendments beginning with 040.033 Food Establishments. Dr. Jennison explained that EPA was requesting thatthe regulation specifically listthe pollutants which were to be controlled and that no other change to rule enforcement is proposed. No comment was received. Next, Jennsion reviewed 040.200, Diesel Engine Idling. He explained thatthe proposal was to remove the variance provision specifically noted in the regulation. Jennison explained thatthe WCDHD has a variance procedure for all regulations, so it was unnecessary to include specific reference to avaraince in thisone rule. Also in the proposal wasthe removal ofpart “old F’, again because itallowed too much Control Officer discretion. Jennison noted that it was a small language change. John Breternitz, 

### Q & D Construction, asked a question about construction equipmentthat is repaired in the field

- and what is the definition ofa repair facility? Goodrich stated that this regulation only addressed on-road vehicles, and that it is identical to a State regulation on diesel idling. No further comments were received on 040.200.Page Two

Public Workshop

- PM1O Regulation Amendments.
Jennisonopened the discussionon 040.030, DustControl, explainingthatforthe mostpart, the proposed amendments were changing the word MAY to SHALL, with the caveat of “if determined necessary”. Jennison explained that some discretion is needed to realistically enforce the regulations. The biggest change to the Dust Control section was to “Correction of Condition”, part B. St.aff is proposing this language amendment based on experience with the enforcement of this section of this regulation. Previously, the regulation may not have been clear on the authority to issue a citation. The proposed language incorporates into the regulation language the Board of Health’s policy on how to enforce the regulation. This new language now clearly defines the authorityto enforce this regulation. Jennison read aloud the new section. Breternitz asked if a person was given a citation and then applied for a variance and the violation continued

-wouldtheoperatorcontinueto receive citations until theHearing Board granted thevariance? Jennison replied: staffwould document continued non-compliance butwould withhold citations until we had heard from the Hearing Board and the DistrictBoard ofHealth. Ifthevariancewas notgranted then additional citations could be issued. Bob Jones, Northern Nevada Builders Assoc., made the statement: issuing the citation to the person responsible for the infraction, butdo you also have to notifythe Owner ofthe property? Jennison replied: in some instances we would issue more than one citation per incident. We followthe direction ofthe federal rules which recognizethe conceptofstrict liability, that is an owner cannotsub contracthis liability. We may in factlaterdismissoneofthecitations, forexample ifthe contractorsays “yeah, we did it and the owner was not aware of it”. Usuallythe Hearing Board can sort outthis kind ofsituation in an equitable manner. Jones: In a lotofcases, owners arenot immediatelyavailable and you arerequiring24 hourturn-around

- possiblyhaving asub-contractorviolatinga law creating aviolationagainstaownerwhom you may not even be able to contact within the period oftime puton the citation. Goodrich: The owner should have delegated someone who is immediately responsible forthe project. Linda Carpenter, Air Pollution Specialist, stated: On the Dust Control Plan it specifically gives contact people who are designated as responsible fortaking care ofthat problem

- We do attemptto contact all responsible parties. Jones: Those NOVs are still accumulative, in other words ifa sub-contractor creates the violation, the owner is in violation by virtue of that action that counts as one of his three possible warnings and conceivably...Page Three

Public Workshop

- PM1O Regulation Amendments.
Jennison: Not necessarily. The citation must be upheld in order to count. Ifyour citation is dismissed, then you’re back to square one. Jones: correct me, ifasub-contractorcreates aviolation, agreesto fix itandtheviolatiou ~ ti’ violation still issued... Jennison: againstthe sub-contractor. Jones: not against the owner? Goodrich: Not if the citation against the owner was dropped. If the sub-contractor assumes all responsibilitiesand the District Board accepts thatand drops the citation to the owner, ifonewas issued to him, then the owner is offthe hook. Chris Ralph, Air Pollution Engineer: I thinkhe is also referring to warnings. There is no appeal process for warnings. ‘ Jennison: Ifyou get a written warning

- we will notice you, warnings will be noticed, we will contact the owner if a notice ofviolation warning was issued. Warnings are handledjust like citat~ous ~xcep1 thatthere is no penalty levied. Additional comments? Jones: Warnings will be noticed to the owner? Jennison: absolutely, warnings will be handledjust likecitations. You’ll noticethat it’s the same fonu~ justa different box is checked. Jones: I have two other areas, where you changed may to shall, butdid not includeyour discjaime! as determined necessary” on the end. On A in the very beginning, does nothave it. Ralph: It states, as required to control dust. Jones: I think it is a functional change, because that as required is superseded by shall. Ralph: We could change the sentence, and add as required to control dust, immediately after shaH. Jones: I feel more comfortable with that. Jennison: no problem. Jones: in the final paragraph

- it now says a special use permit shall require a dust control p)a~~ Jennsion: We require a dust control plan on any project larger than one acre.Page Four

Public Workshop

- PMIO Regulation Amendments. Ralph: Maybe we then need to add the phrase for developments disturbing more than one acre, just to be consistent with the requirement for a dust control plan. Jones: agreed, ifa special use permit requires a dust control plan, then it’s understood. Just include it. Breternitz: Timing is a problem. (Discussion continued on the special use permit process.) Jennison: We could say that ifa development is larger than one acre, it requires a special use permit. That would be a better way ofdoing it. No other comments were received.
The workshop was adjourned at approximately 12:45 pm