The Clark County Department of Air Quality (DAQ) has recently announced updates to Clark County Air Quality Regulations (CCAQR) Section 92 – Fugitive Dust from Unpaved Parking Lots and Storage Areas, and Section 94 – Permitting and Dust Control for Construction and Temporary Commercial Activities, expanding their applicability to include stationary sources. These revisions aim to enhance dust control measures for facilities within the county.
Previously, stationary sources were not subject to the CCAQR Sections 92 and 94 regulations, which primarily targeted mobile and temporary sources of dust emissions. With this latest update to the regulations, DAQ has specifically revised Sections 92 and 94 to include stationary sources. Stationary sources should review the updated regulations to determine their applicability and identify any new dust control measures that may need to be implemented at their facilities. Below is a summary of the key changes included in the updated regulations and potentially applicable requirements for stationary sources. While the applicability under Section 94 now includes stationary sources, DAQ has clarified that stationary sources are specifically subject only to sections 94.12 to 94.14. Stationary sources are subject to the entirety of Section 92, as applicable.
Key Changes to CCAQR Section 92 – Fugitive Dust from Unpaved Parking Lots and Storage Areas:
- The revised Section 92 mandates stationary sources to implement dust control measures for unpaved parking lots and storage areas.
- New parking lots or storage areas, which are defined as being constructed after January 1, 2003, must be paved unless exempt. Exempt areas include those storing non-rubber-tired vehicles or heavy equipment that could damage pavement, which must instead use alternative stabilization methods.
- Existing parking lots or storage areas, which are defined as being constructed before January 1, 2003, must comply with specified stabilization standards such as paving, applying clean gravel, or other approved methods.
- Stabilization standards are based on opacity limits and silt content and ensuring dust emissions do not cross facility boundaries.
Key Changes to CCAQR Section 94 – Permitting and Dust Control for Construction and Temporary Commercial Activities:
- Soil stabilization standards require dust control methods like watering or using clean gravel.
- Dust emissions must meet opacity standards, not extend more than 100 feet from the source, and must not cross property lines.
- Control measures must be enforced around the clock.
- Additional restrictions are imposed on stockpiles over eight feet high, such as maintaining a distance from occupied buildings and ensuring dust control measures are effective.
Impact on Stationary Sources: With these updated regulations, stationary sources may need to re-evaluate their applicability and existing dust control plans. Facilities that previously did not implement dust control methods may now need to adopt additional measures, such as paving or other stabilization methods, to comply with the revised standards. This reassessment will help ensure that all stationary sources contribute to maintaining lower dust emission levels and improving overall air quality in Clark County.
The complete updated regulations can be found at the Clark County DAQ Website.
If you have questions regarding the updates to CCAQR Sections 92 and 94 and how they may affect your facility, please reach out to Trinity’s Reno office or call 775.242.3200.
