fugitive dust sources. These sources include for example: agricultural, construction, 

recreational off-highway vehicle (OHV) and unpaved roads. 

The Regulation VIII rules were submitted for U.S. EPA approval into the Imperial County

SIP on June 16, 2006. Subsequently, the Air District submitted to the U.S. EPA 

documentation for three days in 2006 and 2007 demonstrating that PM10 exceedances

on these days were caused by exceptional events (high winds). On July 8, 2010, U.S. 

EPA granted limited approval/disapproval to the Regulation VIII rules, based in part on 

its rejection of the Air District’s and the California Air Resources Board’s (CARB)

findings that the 2006 and 2007 exceedances were caused by uncontrollable natural 

high wind events. On September 3, 2010, the Air District filed a petition with the Ninth 

Circuit for review of U.S. EPA’s limited disapproval of the Regulation VIII rules. The 

petition sought to vacate U.S. EPA’s disapproval of the rules, and reverse U.S. EPA’s 

rejection of the Air District’s documentation for the 2006 and 2007 high wind events. 

After hearing oral arguments from the parties on February 15, 2012, the Ninth Circuit 

ordered the parties to mediation to determine if the matter could be resolved before the 

Court issued a decision on the petition. 

The mediation involved multiple sessions over several months until settlement was 

reached by all parties. As part of the settlement, the Air District agreed to amend some 

of the Regulation VIII rules to further enhance BACM requirements. The settlement set

out a path for U.S. EPA review and approval of a revised set of Regulation VIII rules

and establishes a common basis for evaluating future high wind exceptional events. The 

changes proposed in the Draft settlement Regulation VIII rules include the fundamental 

changes needed for these rules to be approved by U.S. EPA as BACM. However, 

where appropriate, additional changes to these rules have been included in this 

proposal to address changes requested by members of our community during the local 

public workshops. Once formally adopted by the Air District Board of Directors, the 

Regulation VIII rules will be forwarded to the CARB for approval, and then to U.S. EPA 

for final approval and incorporation into the Imperial County SIP. 

II. CURRENT RULE AND PROPOSED AMENDMENTS

A. Current Regulation VIII

Current Regulation VIII was adopted on October 10, 1994 and revised on November 25, 

1996 to comply with Reasonable Available Control Measures (RACM) to control fugitive 

dust. On November 11, 2005 this rule was revised again to include BACM and divided 

in a series of seven individual rules. Regulation VIII contains BACM as required by the 

Clean Air Act for PM10 “serious” non-attainment areas. Regulation VIII requires BACM 

for source categories such as: construction activities, disturbed open areas, paved 

roads and agricultural operations. Regulation VIII prohibitory standards allows operators 

to determine the control techniques sufficient to limit visible dust emissions to 20 

percent opacity and, if applicable to that source, to implement requirements for a 

stabilized surface. Dust control plans and recordkeeping are also required under the 

Regulation’s provisions. Regulation VIII also includes test methods and standards. 
Regulation VIII was developed based on assessment of BACM in other serious nonattainment areas. In order to simplify enforceability of Regulation VIII, this regulation is

divided into seven individual rules, according to the source type category. Regulation 

VIII is composed of the following rules: 

a) Rule 800, General Requirements for Control of Fine Particulate Matter 

(PM10)

b) Rule 801, Construction and Earthmoving Activities

c) Rule 802, Bulk Materials

d) Rule 803, Carry-Out and Track-Out

e) Rule 804, Open Areas

f) Rule 805, Paved and Unpaved Roads

g) Rule 806, Conservation Management Practices

A brief summary of current Regulation VIII rules is as follows:

Rule 800, General Requirements for Control of Fine Particulate Matter (PM10)

Rule 800 contains the definitions, exemptions, general requirements, administrative 

requirements and test methods that are applicable to all Regulation VIII rules. Section 

C of Rule 800 contains the definitions that are essential to understanding each specific 

rule. Section D contains a compliance schedule for applicability of Regulation VIII rules

and requires Bureau of Land Management (BLM) and Border Patrol (BP) to submit a 

dust control plan to mitigate fugitive dust for those areas and/or activities under their 

control. Section E contains exemptions that apply to all Regulation VIII rules. Each rule 

contains additional exemptions that apply to each specific rule. Section F contains the 

general requirements provisions which establish basic guidelines for dust control 

materials(s), specifies requirements that the dust control material(s) must meet District, 

State Water Quality, CARB, and U.S. EPA regulations, and contains guidelines for 

development of BLM and BP dust control plans. Section G contains administrative 

requirements for test methods. Section H contains recordkeeping and record retention 

requirements. Appendices A and B contain the test methods for visual determination of 

opacity and determination of stabilization, respectively.

Rule 801, Construction and Earthmoving Activities

Rule 801 applies to construction or other earthmoving activities. Section E contains 

exemptions for remodeling of single family dwellings and a provision for exemptions 

during high winds. Section E contains requirements to comply with 20 percent opacity 

and, if applicable, stabilized surface for construction and earthmoving activities. This 

section contains requirements to develop a dust control plan for large residential and 

non-residential projects. Section F contains the BACM required for construction and 

earthmoving activities and guidelines to develop dust control plans. Section G contains 

recordkeeping and record retention requirements.
Rule 802, Bulk Materials

Rule 802 applies to the outdoor handling, storage and transport of bulk materials that 

emit dust when stored or handled. Rule 802 requires bulk handling and storage 

facilities to restrict dust from material transfer, and reduce emissions from transport 

material and storage piles that emit dust. Section D contains exemptions for material 

which would be damaged by application of water/chemical stabilizers, outdoor storage 

and transport of small amounts of materials, and for transport/handling of materials 

when conducted within the boundaries of a premise. Section E contains requirements 

to comply with 20 percent opacity for bulk materials handling, storage, transport and 

haul trucks. Section F contains BACM applicable to bulk material handling, storage, 

transport and haul trucks. Section G contains recordkeeping and record retention 

requirements.

Rule 803, Carry-Out and Track-Out

Rule 803 applies to the prevention and clean-up of mud and dirt whenever it is 

deposited onto public paved roads or the paved shoulders of a paved public road. 

Section D contains exemptions from installation of track-out prevention devices for 

agricultural operations subject to Rule 806 and short-term operations. Section E 

contains requirements for removing and prevention of carry-out and track-out onto 

paved roads. Section F contains BACM for removing of carry-out and track-out, and 

thresholds for installation of track-out prevention devices. Section G contains 

recordkeeping and record retention requirements.

Rule 804, Open Areas

Rule 804 applies to any open area having 0.5 acres or more within urban areas, or 3 

acres or more within rural areas; and that contains at least 100 square feet of disturbed 

surface area. Section D contains an exemption for agricultural operation sites subject to 

Rule 806. Section E contains requirements to apply BACM to limit Visible Dust 

Emission (VDE) to 20 percent opacity and meet conditions for stabilized surface, and to 

install barriers to prevent unauthorized vehicles access to stabilized areas. Section F 

contains BACM for open areas. Section G contains recordkeeping and record retention 

requirements.

Rule 805, Paved and Unpaved Roads

Rule 805 applies to any paved, unpaved road, or modified public or private road, street, 

highway, freeway, alley, access drive, access easement, canal roads and unpaved 

traffic areas. Section D contains exemptions for paved and unpaved driveways serving 

one single family residential dwellings and agricultural operation sites subject to Rule 

806. Section E specifies the requirements whenever vehicle traffic reaches or exceeds 

specific thresholds by applying BACM to reduce VDE and, if applicable, compliance with 

the conditions of a stabilized unpaved road. This section also prohibits construction of 

any new unpaved roads within any area with population of 500 or more unless it is a 
temporary unpaved road. In addition, this section allows each city or county agency to 

develop a compliance schedule for BACM applicability for unpaved roads. Section F 

contains BACM for unpaved roads, canal roads, unpaved traffic areas and new or 

modified paved roads. Section G contains recordkeeping and record retention 

requirements.

Rule 806, Conservation Management Practices (CMPs)

Rule 806 applies to all agricultural operation sites of forty (40) or more acres in size. 

Section C contains additional definitions that are essential to understand the main terms 

and Conservation Management Practices (CMPs) proposed in this rule. Section D 

contains requirements for agricultural operation sites to implement at least one CMP for 

each land preparation and cultivation, harvest activities, unpaved roads and unpaved 

traffic areas. This section also contains guidelines for operators to develop alternative 

CMPs. In addition, this section requires the owner/operator to prepare a CMP plan and 

make it available upon request. Section E contains CMPs for land preparation and 

cultivation, harvesting, unpaved roads, and unpaved traffic areas. Section F contains 

guidelines to develop a CMP plan. Section H contains recordkeeping and record 

retention requirements.

B. Proposed Amendments to Regulation VIII

On February 23, 2010, U.S. EPA proposed limited approval/disapproval to the 

Regulation VIII rules and finalized this proposal on July 8, 2010. U.S. EPA’s proposal 

identified deficiencies in these rules to meet BACM, 75 FR 8008: Feb 23, 2010. On 

September 3, 2010, the Air District filed a petition with the Ninth Circuit for review of 

U.S. EPA’s limited disapproval of the Regulation VIII rules. The petition sought to 

vacate U.S. EPA’s disapproval of the rules, and reverse U.S. EPA’s rejection of the Air 

District’s documentation for the 2006 and 2007 high wind events. After hearing oral 

argument from the parties on February 15, 2012, the Ninth Circuit ordered the parties to 

mediation to determine if the matter could be resolved before the Court issued a 

decision on the petition. Mediation took several months until a settlement was reached

by all parties. As part of the settlement, the Air District agreed to amend some of the 

Regulation VIII rules to further enhance BACM requirements. The changes proposed in 

the Draft settlement Regulation VIII rules included the fundamental changes needed for 

these rules to be approved by U.S. EPA as BACM. However, additional changes to 

these rules have been included, where appropriate, as requested by members of our 

community during the local public workshops. The proposed amended Regulation VIII 

rules contain additional changes to enhance BACM and to meet the deficiencies 

identified by U.S. EPA for open areas, unpaved roads and agricultural lands. The 

proposed amended Regulation VIII rules all strengthen the rules and do not interfere or 

lessen any existing BACM requirements. 

The proposed amendments to Regulation VIII include revisions to the following rules: 

a) Rule 800, General Requirements for Control of Fine Particulate Matter (PM10)
b) Rule 804, Open Areas

c) Rule 805, Paved and Unpaved Roads

d) Rule 806, Conservation Management Practices

The full text of the proposed amendments can be found in Appendix A. U.S. EPA 

approved Rules 801, 802 and 803 as meeting BACM requirements; therefore, no 

amendments to these rules have been proposed at this time. 

The proposed changes include the following changes:

RULE 800, GENERAL REQUIREMENTS FOR CONTROL OF FINE PARTICULATE 

MATTER (PM10)

The District is proposing to revise Rule 800 to include new or revised definitions, 

clarification of applicability, and revised requirements (dust control plan contents, 

explicit list of certain BACM control measures, etc.) for recreational off road vehicle 

(OHV) use areas on public lands. The revisions are as follows:

1. Section C, Definitions.

a) A new definition of Disturbed Surface Area is being added. This definition has 

been included per U.S. EPA’s request to correct a deficiency and enhance 

enforceability of Regulation VIII rules. This definition is substantially the same as 

the definition in the San Joaquin Valley Air Pollution Control District (SJVAPCD), 

Rule 8011.

b) A new definition of DPR is being added to define abbreviation for the California 

Department of Parks and Recreation. This new abbreviation is used throughout 

Rule 800 to reference requirements in this rule for this agency. 

c) A new definition of Off-Road Event and/or Competitions is being added. This 

definition has been included to clearly define and limit applicability of Rule 800 

requirements for this source category.

d) The definition of Off-Road Vehicle has been replaced by a new definition of Off 

Highway Vehicle (OHV) to make this term more consistent with the terminology 

used and specialized operation of this type of vehicles.

e) The current definition of Open Area applies to un-subdivided or undeveloped 

land adjoining a developed residential, industrial, institutional, governmental, or 

commercial area. Per U.S. EPA’s request, this definition has been modified to 

expand applicability to un-subdivided or undeveloped land whether or not it is

adjoining a developed area.

f) The definition of Recreational Use has been replaced by a new definition of 

Recreational Off-Highway Vehicle (OHV) Use Area. The new definition is more 

consistent with the specific use and designation for this type of recreational 

areas. 
2. Section D, Compliance Schedule.

a) Section D.3 has been modified to expand applicability of compliance schedule to 

the California Department of Parks and Recreation (DPR). This addresses a 

BACM deficiency for State lands identified by U.S. EPA in 75 FR 8008: Feb 23, 

2010. With this change, DPR will be required to develop and implement a Dust 

Control Plan for recreational areas under their management which are opened

for OHV activities. 

b) Section D.3.c was added to require revision of the dust control plan to 

incorporate U.S. EPA and CARB’s comments into the plan within two months 

after receiving comments.

3. Section E, Exemptions.

a) Section E.6 has been deleted to avoid confusion with the language in the rule.

OHV recreational areas, even those covered by a dust control plan, are required 

to comply with different sections in Regulation VIII rules, as applicable. 

b) New section E.67, formerly E.7, has been reviewed and new language was 

added to clarify that only those areas used for tactical training are exempted from 

compliance with Regulation VIII rules. Watering or any other type of mitigation 

on tactical training areas will affect the intended purpose of the training, to create 

actual combat scenarios; however, unpaved roads, staging areas, and parking 

lots which are not part of training are not exempt. 

4. Section F, General Requirements.

a) Section F.5 has been modified to expand the requirement for submittal of a dust 

control plan to include the California Department of Parks and Recreation (DPR). 

This addresses a BACM deficiency for State lands identified by U.S. EPA in 75 

FR 8008: Feb 23, 2010. 

b) Section F.5.b.1 has been modified to clarify that the requirement for reporting the 

total miles of roads involves all the recreational OHV use areas and now includes 

also the OHV recreational areas operated by the DPR. 

c) New language was added in Section F.5.b.2 requiring information concerning 

OHV area locations and extent (including maps, such as those required by 

California Public Resources Code section 5090.3).

d) Section F.5.c has been deleted and new language was added to include specific 

BACM for unpaved roads and unpaved vehicle/equipment traffic areas with 50 

average vehicle trips per day (such as can occur during certain holidays, events 

or competitions). These areas are limited to 20% opacity and required to 

maintain stabilization.

e) Section F.5.d has been deleted to avoid confusion with the language in the rule. 

OHV recreational areas covered under a dust control plan are required to apply 

BACM as specified in the plan and therefore not required to comply with Rules 

804 and 805.

f) New language was added in Section F.5.de to include applicable soil and habitat 
conservation requirements in the dust control plan, as well as, all monitoring and 

corrective actions taken to reduce PM10 emissions during OHV events on BLM 

and State lands. These measures generate additional PM10 emissions 

reductions and were missing from the dust control plan but now will need to be

included. 

g) Section F.5.g was added to limit OHV recreational activities during the summer 

months. This addresses a BACM deficiency for State lands identified by U.S. 

EPA in 75 FR 8008: Feb 23, 2010.

h) Section F.6.c was deleted to avoid confusion with the language in the rule. The 

Border Patrol does not own or operate any private or public roads. This 

addresses a BACM deficiency identified by U.S. EPA in 75 FR 8008: Feb 23, 

2010.

i) Section F.7 was added to include specific requirements to incorporate mitigation 

measures and avoid the impact of PM10 emissions from new recreational OHV 

use areas. All new recreational OHV areas with a potential to emit of 70 tons per 

year (tpy) or more of PM10 will be required to demonstrate during the public 

process that these emissions will not create new violations or interfere or delay 

attainment of the PM10 NAAQS. 

RULE 801, CONSTRUCTION AND EARTHMOVING ACTIVITIES

This rule is already meeting BACM requirements, no amendments to this rule are 

proposed at this time. 

RULE 802, BULK MATERIALS.

This rule is already meeting BACM requirements, no amendments to this rule are 

proposed at this time. 

RULE 803, CARRY-OUT AND TRACK-OUT

This rule is already meeting BACM requirements, no amendments to this rule are 

proposed at this time. 

RULE 804, OPEN AREAS

The District is proposing to revise Rules 804 to enhance BACM requirements and

incorporate this rule into the Air District’s State Implementation Plan. The proposed 

revisions to Rule 804 appear in different Sections of this rule. The revisions are as 

follows:

1. Section D, Exemptions

a) Section D.1 is an editorial change, the phrase “define in and” was deleted.

b) Section D.2 has been added to clarify that this rule does not apply to any 

recreational OHV use areas complying with Rule 800 requirements. Since Rule 
800 already requires recreational OHV areas to apply BACM measure to mitigate 

fugitive dust, this exemption is appropriate. 

RULE 805, PAVED AND UNPAVED ROADS

The Air District is proposing to revise Rule 805 to enhance BACM requirements and

incorporate this rule into the Air District’s State Implementation Plan. The proposed 

revisions to Rule 805 appear in different Sections of this rule. The revisions are as 

follows:

1. Section D, Exemptions

a) Section D.2 is an editorial change, the phrase “define in and” was deleted.

b) Section D.3 has been added to clarify that this rule does not apply to any 

recreational OHV use areas complying with Rule 800 requirements. Since Rule 

800 already requires recreational OHV areas to apply BACM measure to mitigate 

fugitive dust, this exemption is appropriate.

2. Section E, Requirements.

a) Section E.7.b has been modified to incorporate the words “and comply.” This 

purpose of this change is to clarify that the County Public Works Department is 

not only required to provide a compliance plan, but also to maintain compliance 

with this plan. In addition, new language has been added to clarify that the 

County Public Works Department will maintain mitigation on the roads that have 

been stabilized during each year so that 100% of the roads have continuous 

mitigation at the end of year 2015. This addresses a BACM deficiency identified 

by U.S. EPA in 75 FR 8008: Feb 23, 2010.

b) Section E.7.c has been modified to incorporate new language requiring all public 

roads previously stabilized to comply with the requirements of a stabilized 

unpaved road by application and maintenance of BACM on these roads. 

RULE 806, CONSERVATION MANAGEMENT PRACTICES (CMPs)

The Air District is proposing to revise Rules 806 to enhance BACM requirements and

incorporate this rule into the Air District’s State Implementation Plan. The proposed 

revisions to Rule 806 appear in different Sections of this rule. The revisions are as 

follows:

1. Section A, Purpose

a) Section A, is an editorial change, the word “fine” was change to “coarse.”

2. Section B, Applicability

a) Section B, is an editorial change, the effective date will be updated to reflect a 
future date of applicability of the updated rule.

3. Section C, Definitions

a) New definitions for Application Efficiencies, Bulk Material Control, Cropland –

Other, Crop Residue Management, Cross Wind Stripcropping, Field Windbreaks, 

Grinding/Chipping/Shredding, Ground Operation, Irrigation Power Units, 

Reduced Pruning, Ridge Roughness, Road Mix, Soil Amendments, Sulfur 

Reduction or Elimination, Surface Roughening, and Tillage Operation, have 

been added, as the CMP menus have been updated with more options. These 

new CMPs specify how emissions reductions will be achieved. 

b) Several definitions have been modified for editorial purposes and to specify how 

emissions reductions will be achieved. The CMPs are the following: Alternative 

Tilling; Bailing Large Bales; Bed/Row Size or Spacing; Chemical/Fertigation, 

Chips/Mulches, Fallow Land, Organic Materials, Polymers, Road Oil and Sand; 

Combined Operation; Conservation Irrigation; Conservation Tillage; Organic 

Practices; Cover Crops; Equipment Changes/Technological Improvements; 

Gravel; Green Chop; Hand Harvesting; Integrated Pest Management; Mulching; 

Night Farming; Night Harvesting; Non Tillage/Chemical Tillage; Organic 

Practices; Precision Farming; Pre Harvest Soil Preparation; Restricted Access; 

Shed Packing; Shuttle System/Large Carrier; Speed Limits; Track-Out Control; 

Transgenic Crops; Water Application; and Wind Barrier.

c) Definitions C5 to C38 were renumbered.

d) Mechanical Pruning CMP was deleted. 

4. Section D, Requirements for Agricultural Operation Sites

a) Section D.1 has been modified to require implementation of two new CMPs 

categories. The Cropland-other and Windblown Dust Control categories have 

been included to enhance BACM for agricultural operations. The cropland-other 

category was included to make this rule consistent and comparable with BACM 

requirements in other areas, such as SJVAPCD and Great Basin Unified Air 

Pollution Control District (GBUAPCD). The windblown dust control category was 

included to reduce windblown dust emissions from in-between crops parcels and 

permanent fallowed fields.

b) Section D.1 requirements have been modified such that on acres where the 

Conservation Tillage CMP is used, persons do not need to select additional 

measures for the following categories: D.1a Land preparation and cultivation, 

D.1.b Harvest activities, or D.1. e Cropland-Other CMPs, but do need to 

implement at least one CMP from the other D.1 categories.

c) Section D.1 has been modified such that persons may select the same type of 

CMP for categories D.1.c Unpaved Roads and D.1.d Unpaved Traffic Areas, 

since they apply to different land, but must choose a unique and individual CMP 

for every other CMP category listed in D.1 (unless using Conservation Tillage 

CMP).

d) Sections D.2 and D.3 have been added to require additional mitigation of 
unpaved roads and unpaved equipment traffic areas during periods of high 

traffic, such as harvesting. Unpaved roads and equipment traffic areas at 

agricultural operations will be required to comply with opacity and stabilization 

standards during periods of high traffic to make the CMPs for unpaved roads and 

unpaved equipment or traffic areas comparable with the BACM requirements in 

other areas, such as SJVAPCD.

e) Section D.6 has been modified to include more specific criteria for the Air District 

to approve alternative CMPs.

 

5. Section E, Conservation Management Practices for Fugitive Dust (PM-10)

a) Sections E.1 and E.2 have been modified for editorial purposes and to 

incorporate new language to specify requirements if the owner or operator 

selects the fallow land CMP. A parcel that has been temporarily or permanently 

removed from production will be required to mitigate windblown dust by 

implementing one of the CMPs listed in E.6 of this rule. 

b) Sections E.3 and E.4 have been modified for editorial purposes and to 

incorporate new language to require additional mitigation of unpaved roads and 

unpaved equipment or traffic areas during periods of high traffic, such as 

harvesting. These sections list the menu of CMPs options for mitigation of 

unpaved roads and equipment traffic areas at agricultural operations sites. 

c) Section E.5 has been added to incorporate new language with the list of CMPs

options for the Cropland-other category. The owner or operator will select at least 

one of the CMPs options and include it in the dust control plan to be implemented 

during the season. 

d) Section E.6 has been added to incorporate new language with the list of CMPs 

options for the windblown dust category. The owner or operator will select at

least one of the CMPs options and include it in the dust control plan. If the parcel 

will be permanently fallowed, the owner or operator will be required to develop a 

dust control plan including one of the CMPs listed in this category. 

6. Section F, CMP Plan Preparation.

a) Section F has been modified to incorporate new language to clarify that the 

existing valid CMP plan will correspond to the crops being grown during the 

current season and the corresponding CMPs being implemented for those crops. 

The CMP plan will need to be modified if a different crop will be grown at a 

particular parcel. 

b) Section F.5 has been modified to include new language to require that the CMP 

plan include and describe each of the CMPs to be implemented at each 

agricultural operation site in order to verify that implementation is consistent with 

the CMP definitions in the rule. 

As noted above, the proposed amended Regulation VIII rules contain additional 

changes to enhance BACM and address any deficiencies identified by U.S. EPA for 

open areas, unpaved roads and agricultural lands. Appendix B summarizes how the 
proposed rule amendments resolve U.S. EPA’s cited deficiencies.

III BEST AVAILABLE CONTROL MEASURES (BACM) ANALYSIS

In order to identify and evaluate the sources that contribute to PM10 exceedences and 

determine the appropriate level of BACM for Imperial County, in 2005 the Air District

contracted ENVIRON International Corporation (ENVIRON) to develop, as a Technical 

Memorandum, a Regulation VIII BACM Analysis Report. The Air District implements

BACM through the PM10 control measures proposed in Regulation VIII amendments. 

The 2005 amendments to Regulation VIII reflected the changes that were identified in 

the 2005 BACM Analysis for significant and de minimus (DM) source categories. BACM 

for PM10 are defined (in 59 FR 42010, August 16, 1994) as techniques that achieve the 

maximum degree of emissions reduction from a source as determined on a case-bycase basis considering technological and economic feasibility. 

U.S. EPA has established de minimus (DM) criteria for source categories contributing to 

PM10. Specifically, U.S. EPA has established a source category contribution level of 5 

μg/m3 based on the 24-hour PM10 NAAQS. If a source category contributes more than 

this level to measured ambient PM10 concentrations in a serious nonattainment area, 

then BACM is required to be implemented for that source category. The 2005 BACM 

assessment of the level of BACM for Imperial County required for significant source 

categories was based on a comparative analysis to the fugitive dust rules in other PM10

serious non-attainment areas. The most recent comparative analysis at that time was 

done by SJVAPCD as part of their 2003 PM10 Attainment Plan. The “serious” nonattainment areas include San Joaquin Valley, Maricopa County (Phoenix area), Clark 

County (Las Vegas area), South Coast (Los Angeles Basin), and Coachella Valley 

(Palm Springs area). For each of the fugitive dust control categories, comparisons were 

made between 2005 proposed Regulation VIII rules and similar rules or statutes 

applicable to the other serious non-attainment areas.

In the 2005 BACM analysis, the Air District identified unpaved road dust, dust from 

agricultural tilling, and windblown dust from open non-crop-farm areas (e.g., federal and 

state open areas) and non-pasture agricultural lands as significant source categories 

requiring BACM. However, the 2009 Imperial County State Implementation Plan (SIP) 

and documentation high wind events in 2006-2007 demonstrated that windblown dust is 

not a significant source of PM10 emissions in Imperial County. U.S. EPA did not concur 

with the high-wind exceptional event submittals; that was the basis for limited 

approval/limited disapproval of the Regulation VIII rules and BACM analyses. As part of 

the settlement agreement related to a BACM assessment of open areas and related 

OHV activity, the Air District contracted Environ International Corporation to develop a 

OHV Area BACM Assessment (Appendix C) that includes the latest OHV BACM 

comparative analysis (Appendix C).

The control effectiveness of measures within the 2005 Regulation VIII amendments 

were based on previously published estimates, including those used in the 1993 

Imperial Valley PM10 SIP, the 2003 San Joaquin Valley PM10 SIP and, where 
necessary, other serious PM10 non-attainment area SIPs and related technical 

documents. Table 1 summarizes, for each 2005 proposed Regulation VIII rule, 

estimated emissions from sources covered by the proposed rule, the percentage of 

those emissions that are subject to control requirements, the composite control factor 

for those controls, and the estimated emission reductions at full implementation.

Implementation of the 2005 Regulation VIII Rules reduces more than16 tons per day

(tpd) of PM10 from the total annual average day PM10 emission inventory of 284 

tons/day.

 Table 1. Proposed 2005 Regulation VIII Emission Reduction Summary

Proposed Rule Emissions 

(tons/day)

Applicability 

(percent)

Composite 

Control 

Factor

Emission 

Reductions

(tons/day)

801 

(Construction) 1.91 100 0.12 0.23

802(Bulk 

Materials) 2.61 10 0.5 0.13

803 (Track-out) 4.09 18.4 0.6 0.45

804 (Open 

Areas) 163.36 1 0.7 1.14

805 (Non-Farm 

Unpaved 

Roads)

84.53 20 0.6 10.09

805 (Paved 

Roads) 4.09 1 0.8 0.03

806 (CMPs) 25.35 96.9 4.16

TOTAL 281.85 16.23

2012 Proposed Amendments: The proposed amended Regulation VIII rules contain 

additional changes to enhance BACM for open areas, unpaved roads and agricultural 

lands. The proposed amended Regulation VIII rules all strengthen the rules and do not 

interfere or lessen any existing BACM requirements. Section II described how proposed 

amendments to Regulation VIII rules address U.S. EPA’s cited BACM deficiencies, 

including how many of the proposed amendments incorporate the latest rule language 

from other serious nonattainment areas. Based on the 2005 BACM assessment, 2009 

PM10 SIP BACM assessment (c.f., Section 4.3), settlement negotiations with U.S. EPA 

on proposed rule requirements and the OHV Area BACM Assessment (Appendix C), 

proposed amended Regulation VIII requirements are as stringent or more stringent (c.f. 

Rule 800 F.7) as the most stringent BACM for other serious non-attainment areas. 

Because many of the proposed rule amendments were clarifications and/or more 

detailed descriptions of rule requirements, these amendments will ensure that 

emissions reductions identified in our BACM analysis will be met. It is expected that 

agricultural operations, DPR and BLM will incur additional costs in meeting the 

amended requirements. DPR, BLM and/or users of their lands will incur costs related to 

the preparation of new and/or Dust Control Plans (per Rule 800 Section F.5), meeting 

new requirements (if any) for large-scale off-road events and high-trafficked unpaved 
roads/parking areas, and any Rule 800 F.7.b determinations and related interagency 

consultation. Agricultural operations will incur costs to revise CMP plans and, if 

necessary, implement additional CMPs. At this time, such costs cannot be quantified, 

although it is expected that the cost-effectiveness and cost of such actions would be 

consistent with those described in the 2005 BACM assessment for similar actions. 

IV CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

Air District staff concluded that the proposed revisions to Rule 800, Rule 804, Rule 805 

and Rule 806 are categorically exempt from the California Environmental Quality Act as 

an action by a regulatory agency for the protection of the environment (Class 8 

Categorical Exemption, Section 15308, State CEQA Guidelines). The Air District 

analysis determined that the proposed revisions do not require 1) the installation of 

pollution control equipment, 2) a performance standard, or 3) a treatment requirement 

but in fact assure the maintenance, restoration, enhancement and protection of the 

environment by involving regulatory procedures (measures) for such protection of the 

environment. The analysis further concluded that the proposed revisions do not cause 

or provide for a reasonable possibility of causing a significant effect on the environment 

resulting from unusual circumstances. Therefore, there is no reasonable possibility that 

the activity in question may have a significant adverse effect on the environment 

(Section 15061(b)(3), State CEQA Guidelines) and is therefore categorically exempt.

V. RULE DEVELOPMENT PROCESS

The Air District conducted three public workshops to collect comments on the proposed 

rules, two at the Farm Bureau in El Centro, on September 17 and September 20, 2012 

and another one at the Stockmen’s Club of Imperial Valley in Brawley, on September 

20, 2012. Comments provided by the public during the workshops were incorporated 

into the proposed revisions to Regulation VIII rules as appropriate.

Two public notices inviting the community to review and comment on the proposed rules 

were published in the Imperial County local newspaper of greatest circulation, the 

Imperial Valley Press, on September 9, 2012 and September 15, 2012 and on the same 

day it was made available on the Air District website. In addition, the public notice was 

published in Spanish in the Adelante Valley, a local weekly newspaper, on September 

21, 2012. Along with the public notice, a copy of the proposed Regulation VIII rules and 

BACM Analysis report were submitted to U.S. EPA for final review and comments. 

VI. RECOMMENDATIONS

A. APCD ADVISORY BOARD

The Air Pollution Control District Advisory Board met to discuss the proposed revisions 

Rule 800, Rule 804, Rule 805 and Rule 806 on October 1, 2012. The APCD Advisory 

Board recommended by a majority vote the approval of the proposed revised rules, the 
staff report, its findings, appendices and attachments. The APCD Advisory Board 

discussed all issues including a comment letter submitted by Comité Cívico del Valle.

B. STAFF RECOMMENDATION

Air District staff recommends the adoption of the proposed revisions to Rule 800, 

General Requirements for Control of Fine Particulate Matter (PM10); Rule 804, Open 

Areas; Rule 805, Paved and Unpaved Roads and Rule 806, Conservation Management 

Practices; Staff Report; OHV BACM Analysis; Attachments and Findings. 

VII. DECLARATION OF FINDING

The Imperial County Air Pollution Control District Board hereby finds as follows: 

The adoption of the proposed revised rules for the Imperial County, is considered a 

project within the meaning of Section §21065 of the California Environmental Quality 

Act (CEQA).

The adoption of the staff report, its findings, appendices and attachments are exempt 

from the requirements of Public Resources Code Section 21000 et seq. under the 

CEQA Guidelines, in the California Code of Regulations Section 15061 (b)(3).

The Air District is a regulatory agency and the public agency with the principle 

responsibility for carrying out projects related to air pollution and the control thereof.

Clean air is a valuable and essential natural resource.

The proposed revised rules will serve to reduce the amount of attainment air pollutants

introduced into the ambient air.

The adoption of the proposed revised rules will serve to enhance and protect the 

environment by controlling air pollutant sources of attainment pollutants.

There has been no evidence presented to suggest that the implementation of the 

proposed revised rules, the staff report, its findings or appendices will have an adverse 

effect on the environment.

There has been no evidence presented to suggest that the implementation of the 

proposed revised rules, the staff report, its findings and appendices will lead to or result 

in cumulative adverse impacts.

Health and Safety Code §40702 provides the authority to the Air District to enact and 

adopt the proposed revised Rules.
The requirements of the proposed revised rules, the staff report, its findings and 

appendices are clear and capable of being understood by those persons directly 

affected by it.

The proposed revised rules, the staff report, it’s findings and appendices do not conflict 

with or contradict any existing statute, court decision, or state or federal regulation.

The requirements of the proposed revised rules, the staff report, its findings and 

appendices are not duplicative of any existing state or federal regulation.

The proposed revised rules, the staff report, it’s findings and appendices described 

herein will not significantly affect air quality or emissions limitations and therefore is 

exempt from California Health and Safety Code section §40728.5 (d), which requires a 

socioeconomic impact analysis of the proposed action to be performed. 

The Imperial County has a population of less than 500,000 people.