## ______________________________________________________________________________ App endix 9 : Demonstration that January 27 2010 Adopted Version of Rule 310 is as Stringent as SIP

– Approved Rule 310

## Demonstration That January 27, 2010 Adopted Version Of Rule 310 Is As Stringent As SIP

- Approved Rule 310

The table below demonstrates that the most recently adopted version of Rule 310: Fugitive Dust From Dust

- Generating Operations (adopted January 27, 2010) is

as s tringent as SIP

- approved Rule 310: Fugitive Dust (adopted April 7, 2 004). Column A includes a ll of the text in SIP

- approved R ule 310 (adopted 20 04) i n

chronological section number order with each rule section identified by a row number. Column B includes the text in Rule 310 (adopted 2010) that corresponds to

the text in SIP

- approved Rule 310 (adopted 2004), but the text is not in chronological section number order. Column C includes an explanation of how Column B

relates to Column A (i.e., how Rule 310 (adopted 2010) relates to SIP

- ap proved Rule 310 (adopted 2004)). In some instances, there is text in Column B with no

corresponding text in Column A (e.g., Row 28). In other instances, there is text in Column A with no text in Column B (e.g., Row 3 2). In these instances, text has

either been added to or deleted from Rule 310 (adopted 2010). Column C explains these instances.

A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

1. 101 PURPOSE: To limit particulate matter emissions into the ambient ai r from any pr operty, o peration or ac tivity that may serve as a f ugitive dust source. The effect of this rule shall be

to minimize the amount of PM 10 entrained into the ambient air as a r esult o f t he i mpact of h uman a ctivities by r equiring measures to pr event, r educe, or m itigate par ticulate matter

emissions. 101 PURPOSE: To limit particulate matter (PM 10 ) emissions into the ambient air from any property, operation or activity that may serve as a fugitive dust source. The effect of this

rule shall be t o minimize the amount of PM 10 In R ule 310 (adopted 2010), S ection 101 is the same as

Section 101 i n SIP

- approved R ule 310 ( adopted 2004) . However, Rule 310 (adopted 2010) , S ection 101 distinguishes the emissions as PM entrained into the ambient air as a result of the impact of human activities by r equiring m easures t o pr event, r educe, or mitigate particulat e matter emissions. 10 versus particulate

matter.

Rule 310 ( adopted 2010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

2. 102 APPLICABILITY: The provisions of this rule shall apply to all dust generating operations except for those dust generating operations listed in Section 103. 102 APPLICABILITY: The provi sions of this rule shall apply

to al l dus t

- generating oper ations ex cept f or t hose dus t

generating operations listed in Section 103 of this rule. In R ule 310 (adopted 2010), S ection 102 is the same as

Section 102 i n SIP

- approved R ule 310 ( adopted 2004) .

How ever, i n Rule 310 ( adopted 2010) , S ection 102 the phrase “of this rule” was added to the end of the sentence.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

3. 103 EXEMPTIONS: The f ollowing ar e e xempt f rom t he requireme nts of this rule: normal farm cultural practices under Arizona R evised S tatutes ( A.R.S.) §49

- 457 and §49

- 504.4, and open areas, vacant lots, unpaved parking lots, and unpaved roadways that are not located at sources that require any permit under these rule s. 103 EXEMPTIONS:

103.1 The pr ovisions of t his r ule s hall not appl y t o nor mal farm cultural practices according to Arizona Revised Statutes (A.R.S.) § 49

- 457 and A.R.S. § 49

- 504.4.

103.2 The pr ovisions of t his r ule s hall not appl y t o t he following non

- tra ditional s ources of fugitive du st that ar e located a t s ources that do no t require any per mit under

these rules. T hese non

- traditional s ources of f ugitive dus t are subject to the standards and/or requirements described in Rule 310.01: Fugitive Dust from Non

- Traditional Sources of Fugitive Dust of these rules:

a. Vehicle use in open areas and vacant lots.

b. Open areas and vacant lots.

c. Unpaved parking lots.

d. Unpaved roadways (including alleys).

e. Livestock activities.

f. Erosion

- caused depos ition of bulk materials ont o pav ed

surfaces. In Rul e 310 ( adopted 2010), Sections 103.1 and 103. 2 are

the s ame a s S ection 103 i n S IP

- approved R ule 310 (adopted 2004). However, “non

- traditional sources of fugitive dust” as written in Section 103.2 of Rule 310 (adopted 2010) replaces “open areas, vacant lots, unpaved parking lots, and unpaved roadways” as written in SIP

- approved Rule 310 (adopted 2004) . A lso, “n on

- traditional s ource” i s def ined i n Rule 310 (adopted 2010) , Se ction 218 as a s ource of fugitive dust that is located at a source that does not require any permit under these rules and lists the following sources: vehicle use in open ar eas and vacant lots, open ar eas and vacant l ots, unpav ed par king lots, unpav ed r oadways (including al leys), livestock activities, erosion

- cause deposition o f bul k materials o nto pav ed s urfaces, and easements, rights

- of

- way, and access roads for utilities (electricity, natural gas, oil, water, and gas transmission).

Rul e 310 (adopted 2010), Section 103.3 was not included inA. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

g. Easements, r ights

- of

- way, and ac cess r oads f or u tilities (transmission of electricity, natural gas, oil, water, and gas).

103.3 The pr ovisions of this rule s hall not appl y t o emergency activities that may disturb the soi l conducted by any ut ility or government agenc y i n or der t o pr event publ ic injury or to restore critical utilities to functional status.

103.4 The provisions of this rule do not apply to the establishment of i nitial landscapes w ithout t he us e of

mechanized equipment, conducting landscape maintenance without the use of mechanized equipment, and playing on or maintaining a f ield used for non

- motorized sports. However, establishing i nitial l andscapes w ithout t he us e o f mechanized equi pment and c onducting l ands cape maintenance without the use of mechanized equipment shall not i nclude gr ading, or t renching per formed t o e stablish initial landscapes or to redesign existing landscapes.

103.5 The pr ovisions of this r ule s hall not appl y t o r ooftop operations for cutting, drilling, grinding, or coring roofing tile when such activity is occurring on a pitched roof. SIP

- approved Rule 310 (adopted 2004). The exemption for emergency ac tivities i s s imilar t o an e xemption al lowed i n Clark County’s Section 94.2.5 and is provided only to essential public utilities that are critical to public health and

welfare.

Rule 310 ( adopted 2010), Section 103.4 is the same as the

last two sentences i n the definition of “dust

- generating operation” i n S IP

- approved R ule 310 ( adopted 2004),

Section 208 and as Section 303.4 in SIP

- appr oved Rule 310 (adopted 2004).

Rule 310 ( adopted 2010 ) , Section 103.5 was added as the most suitable approach to balance air quality and worker safety. This exemption was not included in SIP

- approved Rule 310 ( adopted 2004) . T he depar tment added t his

exemp tion af ter reviewing a National I nstitute f or Occupational Safety and Health (NIOSH) study, a California Occupational S afety and H ealth Board ( COSHB) r ule, and the U.S. Environmental Protection Agency (EPA) gui dance

. The department prepared an anal ysis of the exemption and an explanation of why t he depa rtment decided t o exempt rooftop tile cutting from Rule 310. This analysis is included in the appendi ces t o the S tate Implementation P lan ( SIP) revision package dated 2010.

Rule 310 ( adopted 2 010) i s as s tri ngent a s S IP

- approved Rule 310 (adopted 2004).

4. SECTION 200

- DEFINITIONS: For t he pur pose of t his r ule, the following definitions shall apply. See Rule 100 ( General Provisions And D efinitions) of t hese r ules for def initions o f terms that are used but not specifically defined in this rule. SECTION 200

– DEFINITIONS: For the purpose of this rule, the following definitions apply, in addition to those definitions

found in Rule 100: General Provisions and Definitions of these rules. In the event of any inconsistency between any of the Maricopa County air pollution control rules, the definitions in this rule take precedence. In R ule 310 (adopted 2010), S ection 200 is the same as

Section 200 i n SIP

- approved R ule 310 ( adopted 2004) . However, i n R ule 310 ( adopted 2010), the introduction to

Section 200 m ake s it clear t hat the def initions i n Rule 310 take precedence.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

5. 201 AREA A : As defined in A.R.S. § 49

- 541(1), the area in

Mari copa County delineated as follows: Township 8 North, Range 2 East and Range 3 East Township 7 North, Range 2 West through Range 5 East Township 6 North, Range 5 West through Range 6 East Township 5 North, Range 5 West through Range 7 East Township 4 North, Range 5 West through Range 8 East Township 3 North, Range 5 West through Range 8 East Township 2 North, Range 5 West through Range 8 East Township 1 North, Range 5 West through Range 7 East Township 1 South, Range 5 West through Range 7 East Township 2 South, Range 5 West through Range 7 East Township 3 South, Range 5 West through Range 1 East Township 4 South, Range 5 West through Range 1 East Rule 310 (adopted 2010) include s the definition of “Area A”;

The definition matches Arizona Re vised Statutes (A.R.S.) §

49

- 541(l). SIP

- approved Rule 310 (adopted 2004) did not

incl ude the definition of “Area A”.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

201 AREA ACCESSIBLE TO THE PUBLIC : Any retail parki ng 202 AREA ACCESSIBLE TO THE PUBLIC : Any pav ed The definition of “area accessible to the public” in Rule 310A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

6. lot or public roadway that is open to public travel primarily for purposes unrelated to the dust generating operation. parking lot or paved roadway that can be entered or used for public travel primarily for purposes unrelated to the dust

generating operation. (adopted 2010) was c larified by removing t he w ord “ retail” and adding “entered or used for public travel”. Also, “paved” was added and “public” was deleted. The definition of “public roadways” was del eted f rom R ule 310 ( adopted 2010) , because the concept is now captured in the definition of “area accessible t o the public”. These changes to the definition o f “ area ac cessible to t he publ ic” in R ule 310 (adopted 2010) c larify that the def inition applies t o paved

areas and t o areas outside the work site. The basis for the definition o f “ area ac cessible to t he publ ic” in R ule 310 ( ado pted 2010) is the fact that members of the public can be exposed to fugitive dust from private roadways to which they have ac cess. T he t erm “ area ac cessible t o t he publ ic” covers paved parking lots accessible to the public, schools, churches, and gat ed subdivisions. T he t erm i s i ntended t o close a l oophole that allowed p ermittees to use parking lot surfaces as trackout control devices without restricting public travel during work hours and to clarify at what physical point trackout must be controlled and cleaned up. The key factor is whether an ar ea is “ open to public travel”. A r oadway i s not publ ic if either ( 1) access t o private r oads is limited by posting signs t o clearly i ndicate who m ight ut ilize a pr ivate roadway o r ( 2) phy sically l imiting ac cess by i nstalling

barriers.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

7. 202 BULK MATERIAL : Any material, including, but not limited to, earth, rock, silt, sediment, sand, gravel, soil, fill, aggregate less than 2 i nches in length or diameter (i.e., aggregate base course (ABC)), earth, soil, dirt, mud, demolition debris, cotton, trash, cinders, pumice, rock, saw dust, feeds, grains, fertilizers, fluff ( from s hredders), and dr y c oncrete, that ar e c apable o f producing fugitive dust. 203 BULK MATERIAL : Any material, i ncluding, but no t

limited to, t he following m aterials t hat ar e c apable o f producing fugitive dust:

203.1 Earth.

203.2 Rock.

203.3 Silt.

203.4 Sediment.

203.5 Sand.

203.6 Gravel.

203.7 Soil.

203.8 Fill.

203.9 Aggregate l ess t han 2 i nches i n l ength or di ameter (i.e., aggregate base course [ABC]).

203.10 Dirt.

203.11 Mud.

203.12 Demolition debris.

203.13 Cotton.

203.14 Trash.

203.15 Cinders.

203.16 Pumice.

203.17 Saw dust.

203.18 Feeds.

203.19 Grains.

203.20 Fertilizers. The definition of “bulk material” in Rule 310 ( adopted 2010)

has a different format than the definition of “bulk material” in

SIP

- approved Rule 310 (adopted 2004). Also, materials that were listed twice in the definition of “bulk material” (e.g., “earth”) in S IP

- approve d R ule 3 10 ( adopted 2004) were

eliminated from the definition of “bulk material” in Rule 310 (adopted 2010).

Rule 310 ( adopted 2010) i s as stringent a s S IP

- approved Rule 310 (adopted 2004).A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

203.21 Fluff from shredders.

203.22 Dry concrete.

8. 203 BULK MATERIAL HANDLING, STORAGE, AND/OR

TRANSPORTING OP ERATION : The us e of equi pment, haul trucks, and/or motor vehicles, including, but not limited to, the loading, unl oading, c onveying, t ransporting, pi ling, stacking, screening, gr ading, or moving of bul k materials, t hat ar e capable of producing fugitive dus t. 204 BULK MATERIAL HANDLING, STORAGE, AND/OR

TRANSPORTING OPERATION : The use of equipment, haul trucks, and/or motor vehicles, including, but not limited to, for the following activities that are capable of producing fugitive dust:

204.1 Loading.

204.2 U nloading.

204.3 Conveying.

204.4 Transporting.

204.5 Piling.

204.6 Stacking.

204.7 Screening.

204.8 Grading.

204.9 Moving bulk materials. The def inition o f “ bulk material handling, s torage, and/ or transporting oper ation” in Rule 310 (adopted 2010) has a

di fferent format than the definition of “bulk material handling, storage, and/or transporting operation ” in SIP

- approved Rule 310 (adopted 200 4).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

9. 204 CONTROL MEASURE : A t e chnique, pr actice, or procedure us ed to pr event or minimize t he gener ation, emission, en trainment, s uspension, and/ or ai rborne t ransport of fugitive dust. Control measures include, but are not limited

to:

204.1 Curbing;

204.2 Paving;

204.3 Pre

- wetting;

204 .4 Applying dust suppressants;

204.5 Physically stabilizing w ith v egetation, gr avel, recrushed/recycled as phalt or ot her f orms of phy sical stabilization;

204.6 Limiting, restricting, phasing and/or rerouting motor vehicle access;

204.7 Reducing vehicle spe eds and/or number of vehicle trips;

204.8 Limiting u se o f of f

- road v ehicles on open ar eas and vacant lots;

204.9 Utilizing w ork pr actices and/or structural provisions t o prevent wind and water erosion onto paved areas accessible to the public;

204.10 Appro priately using dust control implements;

204.11 Installing one or more grizzlies, gravel pads, and/or wash do wn pads adj acent to t he entrance of a paved area accessible to the public to control carry

- out and trackout;

204.12 Keeping open

- bodied haul trucks in good repair, so that spillage may not occur from beds, sidewalls, and tailgates;

and

204.13 Covering the cargo beds of haul trucks to minimize

wind

- blown dust emissions and spillage. 205 CONTROL MEASURE : A t echnique, pr actice, or procedure us ed t o pr event or m inimize the gener ation, emission, entrainment, suspension, and/or airborne transport of fugitive dust. Control measures include, but are

not limited to:

205.1 Curbing;

205.2 Paving;

205.3 Pre

- watering;

205.4 Applying dust suppressants;

205.5 Physica lly s tabilizing w ith v egetation, gr avel, recrushed/recycled a sphalt or other f orms of phy sical stabilization;

205.6 Limiting, restricting, phasing and/or rerouting motor vehicle access;

205.7 Reducing vehicle speeds and/or number of vehicle trips;

205.8 Li miting u se of of f

- road v ehicles on open ar eas and vacant lots;

205.9 Utilizing work practices and/or structural provisions to prevent wind and water erosion onto areas accessible to the public;

205.10 Appropriately using dust control implements;

205.11 Ins talling one or more grizzlies, gravel pads, and/or wash do wn pads adjacent to the ent rance o f an area accessible to the public to control carry

- out and trackout;

205.12 Keeping open

- bodied haul trucks in good r epair, so that spillage may not occur from bed s, s idewalls, and tailgates; and

205.13 Covering the cargo beds of haul trucks to minimize

wind

- blown dust emissions and spillage. The definition of “control measure” is the same in Rule 310 (adopted 2010) as it is in SIP

- approved Rule 310 (adopted 2004).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

10. 205 DISTURBED SURFACE AREA

– A portion of the earth's surface ( or material pl aced t hereupon) which has been physically moved, uncovered, destabilized, or otherwise

modi fied from its undisturbed native condition, thereby increasing the po tential f or the e mission o f fugitive du st. F or 206 DISTURBED SURFACE AREA : A portion of the earth's surface or material pl aced on t he ear th’s surface t hat has been physically moved, uncovered, destabilized, or

otherwise m odified from its undisturbed nat ive condition if the potential for the emission of fugitive dust is increased by In Rule 310 ( adopted 2010), the phrase “or material placed

on t he earth’s surface” r eplaces t he phr ase “ or m aterial placed t hereupon” as w ritten i n S IP

- approved R ule 310 (adopted 2004) ; The definition m atches A rizona Revised Statutes (A.R.S.) § 49

- 474.01(A)(11). Also, the last sentenceA. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

the pur pose of t his r ule, an ar ea i s c onsidered t o be a disturbed surface area until the activity that caused the disturbance has been completed and the disturbed surface

area meets the standards described in Section 301 and

Section 302 of this rule. the movement, destabilization, or modification. in the definition of “disturbed su rface area” in SIP

- approved Rule 310 (adopted 2004)
- “For the purpose of this rule, an

area i s considered to be a di sturbed s urface ar ea unt il t he activity that caused the disturbance has been completed and

the disturbed surface area meets the standards described in

Section 301 and S ection 302 of this r ule”
– was m oved t o

Rule 310 (adopted 2010), Section 304.3.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

11. 206 DUST CONTROL IMPLEMENT : A tool, machine, equipment, acc essory, structure, enclosure, cover, material or supply, including an adequate readily available supply of water and its associated distribution/delivery system, used to control fugitive dust emissions. 207 DUST CONTROL IMPLEMENT : A tool, m achine, equipmen t, accessory, structure, enclosure, cover, m aterial or supply, including an adequat e readily available supply of water and its associated distribution/delivery system, used to control fugitive dust emissions. The definition of “ dust control implement ” is t he same in Rule 310 ( adopted 2010) as it is in SIP

- ap proved Rule 310 (adopted 2004).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

12. 207 DUST CONTROL PLAN : A w ritten pl an des cribing al l fugitive dust control measures

. 208 DUST CONTROL PLAN : A written pl an des cribing al l control measures t o be i mplemented and maintained i n order to prevent or minimize the generation, emission, entrainment, suspension, and/or airborne transport of fugitive dust. In Rule 310 (adopted 201 0), the definition of “Dust Control Plan” is more specific than the definition of “Dust C ontrol

Plan” in SIP

- ap proved Rule 310 (adopted 2004).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

13. 208 DUST GENERATING OPERA TION : Any activity capable of gener ating f ugitive dus t, i ncluding but not l imited t o, l and clearing, earthmoving, weed abatement by discing or blading, excavating, c onstruction, de molition, bul k material handl ing, storage and/ or transporting op erations, v e hicle u se and movement, t he oper ation of any out door equipment, or unpaved parking lots. For the purpose of this rule, landscape maintenance and playing on or maintaining a field us ed for

non

- motorized sports shall no t be considered a dus t generating oper a tion. However, landscape m aintenance s hall not include grading, trenching, or any other mechanized surface di sturbing ac tivities per formed t o e stablish i nitial landscapes or to redesign existing landscapes. 209 DUST

- GENERATING OPERATION : Any activity capab le of generating fugitive dust, including, but not limited to, the following activities:

209.1 Land clearing, maintenance, and l and clean

- up using mechanized equipment.

209.2 Earthmoving.

209.3 Weed abatement by discing or blading.

209.4 Excavating.

209.5 Construction.

209.6 Demolition.

209.7 Bulk material handl ing ( e.g., bul k material haul ing and/or t ransporting, bul k material s tacking, l oading, and unloading operations).

209.8 Storage and/ or t ransporting oper ations ( e.g., open storage piles).

209.9 Operat ion of any outdoor equipment.

209.10 Operation of motorized machinery.

209.11 Establishing and /or us ing s taging ar eas, par king areas, material storage areas, or access routes to and f rom

a site.

209.12 Establishing and /or us ing unpav ed haul /access roads to, from, and within a site.

209.13 Disturbed surface areas associated with a site.

209.14 Installing initial landscapes using mechanized equipment. The def inition of “ dust

- generating oper ation” i n R ule 31 0 (adopted 2010) has a di fferent format than the definition of

“dust

- generating operation” in SIP

- approved R ule 310 (adopted 2004). Also, in Rule 310 (adopted 2010), the list of activities constituting a dust

- gener ating operation was changed to match Clark County’s definition of “construction

activities” i n Section 94

- Permitting and D ust C ontrol f or Construction A ctivities. In addi tion, i n R ule 310 ( adopted 2010), the phrase
- “For the purpose of this rule, landscape maintenance and p laying on or maintaining a f ield used for

non

- motorized sports s hall not be considered a dus t

generating oper ation. H owever, l andscape maintenance shall not i nclude gr ading, t renching, or any ot her mechanized surface disturbing activities performed to establish initial landscapes or to redesign existing landscapes”
– was moved to Section 103.4

.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

14. 209 DUST SUPPRESSANT : Water, hygroscopic m aterial, solution of w ater and c hemical s urfactant, foam, non

- toxic chemical stabilizer or any other dust palliative, which is not prohibited f or gr ound surface appl ication by the U .S. 210 DUST SUPPRESSANT : Water, hygroscopic material, solution of w ater and chemical surfactant, foam, non

- toxic chemical stabilizer or any other dust palliative, which is not prohibited f or gr ound s urface application by the U .S. The definition of “ dust suppressant ” is the same in Rule 310 ( adopted 2010) as it is in SIP

- ap proved Rule 310 (adopted 2004).A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

Environmental P rotection A gency ( EPA) or t he A rizona Department of E nvironmental Q uality ( ADEQ) or any applicable law, rule, or regulation, as a t reatment material for reducing fugi tive dust emissions. Environm ental Protection Agency (EPA) or the Arizona Department of E nvironmental Q uality ( ADEQ) or any applicable law, rule, or regulation, as a treatment material for reducing fugitive dust emissions. Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

15. 210 EARTHMOVING OPERATION : The use of any equipment for an a ctivity which may gener ate f ugitive dus t, s u ch as b ut not limited to, cutting and filling, grading, leveling, excavating, trenching, loading or unloading of bulk materials, demolishing, blasting, drilling, adding to or removing bulk materials from open s torage pi les, bac k f illing, s oil mulching, l an dfill operations, or weed abatement by discing or blading. 211 EARTHMOVING OPERATION : The use of any equipment for an activity that may generate fugitive dust, such as but not limited to, the following activities:

211.1 Cutting and filling.

211.2 Grading.

211.3 Leveling.

211.4 Excavating.

211.5 Trenching.

211.6 Loading or unloading of bulk materials.

211.7 Demolishing.

211.8 Blasting.

211.9 Drilling.

211.10 Adding bulk materials to or removing bulk materials from open storage piles.

211.11 Back filling.

211.12 Soil mulching.

211.13 Landfill operations.

211.14 Weed abatement by discing or blading. The def inition of “ earthmoving operation” i n R ule 31 0 (adopted 2010) has a di fferent format than the definition of

“ earthmov ing operation” in SIP

- approved Rule 310 (adopted 2004).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

16. 212 EMERGENCY : A situation ar ising f rom s udden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situa tion requires immediate corrective action to restore normal operation, and that causes the source to exceed a limitation in this rule, due

to unav oidable i ncreases i n e missions at tributable to t he emergency. A n e mergency shall not i nclude any noncompliance due to improperly designed equipment, lack of pr eventative maintenance, c areless or i mproper operation, or operator error. Rule 310 ( adopted 2010) i ncludes t he def inition of “emergency”. SIP

- approved R ule 310 ( adopted 2004) di d not i nclude t he def inition of “ emergency”. T he def inition of “emergency” i s i ncluded i n R ule 310 ( adopted 2010) t o clarify the exemption f or e mergency ac tivities in S ection 103.3 of Rule 310 (adopted 2010).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2 004).

17. 213 EMERGENCY ACTIVITY : Repairs that are a r esult of an emergency which prevents or hinders the provision of electricity, t he di stribution/collection of w ater, and t he availability of other utilities due to unforeseen circumstances that are beyond the routine maintenance and r epair due t o normal wear conducted by a utility or municipality. Rule 310 ( adopted 2010) i ncludes t he def inition of “emergency ac tivity”. S IP

- approved R ule 3 10 ( adopted 2004) did not include the definition of “emergen cy activity”. The definition of “emergency activity ” is included in Rule 310 (adopted 2010) t o c larify t he exemption f or e mergency activities in Section 103.3 of Rule 310 (adopted 2010).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (ad opted 2004).

18. 214 END OF WORKDAY : The end of a working period that may include one or more work shifts. If working 24 hour s a day, the end of a working period shall be considered no later than 8 pm. Rule 310 ( adopted 2010) i nclude s the def inition of “end of workday”; T he def inition is i ntended t o c larify t he requirement t o c lean

- up t rackout i n S ection 306 .2 of R ule 310 (adopted 2010). SIP

- approved Rule 310 (adopted 2004) did not include the definition of “end of workday ”.

Rule 310 ( adopted 2 010) i s a s s tringent a s S IP

- approvedA. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

Rule 310 (adopted 2004).

19. 211 FREEBOARD : The v ertical di stance bet ween t he t op edge of a c argo container area and the highest point at which the bulk material contacts the sides, front, and back of a cargo

container area. 2 15 FREEBOARD : The v ertical distance bet ween t he t op edge of a cargo container area and the highest point at which the bulk material contacts the sides, front, and back of a cargo container area. The definition of “ freeboard ” is the same i n Rule 310 (adopte d 2010) as it is in SIP

- ap proved Rule 310 (adopted 2004).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

20. 212 FUGITIVE DUST : The particulate matter not collected by a capture system, that is entrained in the am bient air, and i s caused from human and/or natural activities, such as, but not limited to, movement of soil, vehicles, equipment, blasting, and wind. F or t he pur pose of this r ule, f ugitive dus t does not include particulate matter emitted directly from the exhau st of motor vehicles and other internal combustion engines, from portable brazing, s oldering, or welding equi pment, and f rom piledrivers, and does not include emissions from process and combustion sources t hat ar e subject t o o ther r ules i n Regulation III (Control Of Air Contaminants) of these rules. 216 FUGITIVE DUST : The par ticulate matter not c ollected by a capture system, that is entrained in the ambient air, and is caused from human and/or natural activities, such as, but not limited to, t he movement of soil, v ehicles, equi pment, blasting, and wind. For the purpose of this rule, fugitive dust does not include particulate matter emitted directly from the

exhaust of m otor v ehicles and ot her i nternal c ombustion engines, f rom por table br azing, s oldering, or welding equipment, and from piledrivers, and does not include emissions from process and combustion sources that are subject to other rules in Regulation III (Control of Air Contaminants) of these rules. The def inition o f “ fugitive dus t ” i s t he same i n R ul e 310 (adopted 2010) as it is in SIP

- ap proved Rule 310 (adopted 2004).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

21. 213 GRAVEL PAD : A layer of washed gravel, rock, or crushed rock that is at least one inch or larger in diameter, that is maintained at the point of intersection of a paved area accessible to the public and a w ork site entrance to dislodge mud, dirt, and/or debris from the tires of motor vehicles and/or haul trucks, prior to leaving the work site. 217 GRAVEL PAD : A l ayer of w ashed g ravel, r ock, or crushed rock that is at least one inch or larger in diameter, that is maintained at the point of intersection of an area accessible to the public and a work site exit to dislodge mud, dirt, and/or debris from the tires of motor vehicles and/or haul t rucks, pr ior t o l eaving t he work s ite. M inimum dimensions must be 30 f eet wide by 3 inches deep and 50 feet long or the length of the longest haul truck, whichever is greater. If an unpav ed surface exit does not have adequate

width to install a 30

- foot wide gravel pad, then the width of the gravel pad must cover the full width of the unpaved surface exit and such shorter width must be adequate to prevent trackout. In the definition of “gravel pad” in Rule 310 (adopte d 2010), deleted “paved”, changed “work site entrance” to “work site exit”, and added the sentence
– “Minimum dimensions must be 30 f eet wide by 3 i nches dee p and 50 f eet l ong or t he length of the longest haul truck, whichever is greater”. The definition of “gravel pad” and the gravel pad dimensions are modeled af ter those i n the C lark C ounty C onstruction Activities D ust C ontrol H andbook. I n addi tion, i n the definition of “gravel pad” in Rule 310 (adopted 2010), added the l ast sentence t o i nclude an unpav ed exit l ess t han 30 feet wide. The last sentence, particularly the last part
– “and such shorter width shall be adequat e to prevent trackout”
– does not imply that width is the only part of the gravel pad that must pr event t rackout. T his s entence i s i ntende d t o

address situations in which the exit area is smaller than the gravel pad dimensions.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

22. 214 GRIZZLY : A dev ice ( i.e., r ails, pi pes, or gr ates) us ed to dislodge m ud, di rt, and/ or d ebris f rom t he t ires and undercarriage of m otor v ehicles and/ or haul t rucks pr ior t o leaving the work site. 218 GRIZZLY : A device (i.e., rails, pipes, or grates) used to dislodge mud, di rt, and/ or debr is f rom t he t ires and undercarriage of m otor v ehicles and/ or haul t rucks pr ior t o leaving the work site. The definition of “ grizzly ” is the same in Rule 310 ( adopted 2010) as it is in SIP

- ap proved Rule 310 (adopted 2004).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 20 04).

23. 215 HAUL TRUCK : Any fully or partially open

- bodied self

propelled v ehicle i ncluding any non

- motorized at tachments, such as, but not limited to, trailers or other conveyances that are connected to or propelled by the actual motorized portion of the vehicle used for transporting bulk materials. 219 HAUL TRUCK : Any f ully or partially open

- bodied s elf

propelled vehicle including any non

- motorized attachments, such as, but not limited to, trailers or other conveyances that are c onnected t o or propelle d by the actual m otorized portion of the vehicle used for transporting bulk materials. The def inition of “ haul t ruck ” i s t he same in R ule 310 (adopted 2010) as it is in SIP

- ap proved Rule 310 (adopted 2004).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP -a pproved Rule 310 (adopted 2004).

24. 216 MOTOR VEHICLE : A self

- propelled vehicle for use on the public roads and highways of the State of Arizona and required 220 MOTOR VEHICLE : A self

- propelled vehicle for use on the public roads and hi ghways of the State of Arizona and The def inition of “motor v ehicle” is the s ame in Rule 310 (adopted 2010) as it is in SIP

- ap proved Rule 310 (adoptedA. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

to be registered under the Arizona State Uniform Motor Vehicle Act, including any non

- motorized attachments, such as but not l imited to, trailers or ot her c onveyances w hich ar e connected to or pr opelled by t he ac tual motorized por tion of

the vehicle. required t o be r egistered under t he A rizona S tate U niform Motor V ehicle A ct, i ncluding any n on

- motorized attachments, such as but not l imited t o, trailers or ot her conveyances which are connected to or propelled by the actual motorized portion of the vehicle. 2004).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

25. 217 NORMAL FARM CULTURAL PRA CTICE : All activities by the ow ner, l essee, agent , i ndependent c ontractor, and/ or supplier c onducted on any f acility f or t he pr oduction of c rops and/or nursery plants. Disturbances of the field surface caused by turning under stalks, tilling, leveling, planting, fertilizing, or harvesting are included in this definition. 221 NORMAL FARM CULTURAL PRACTICE : All activities by the owner, lessee, agent, independent contractor, and/or supplier conducted on any facility for the production of crops and/or nur sery p lants. D isturbances o f t he f ield surface caused by t urning under stalks, t illing, leveling, pl anting, fertilizing, or harvesting are included in this definition. The definition of “ normal farm cultural practice ” is the same in R ule 310 ( adopted 2010) as i t is in SIP

- ap proved R ule 310 (adopted 2004).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

26. 218 OFF

- ROAD VEHICLE : Any s elf

- propelled c onveyance specifically designed for off

- road use, including but not limited
to, o ff

- road or all

- terrain equipment, trucks, cars, motorcycles, motorbikes, or motorbuggies. 222 OFF

- ROAD VEHICLE : Any s elf

- propelled c onveyance specifically des igned f or of f

- road us e, including, but not limited t o, of f

- road or al l

- terrain equi pment, t rucks, cars, motorcycles, motorbikes, or motorbuggies. The definition of “ off

- road vehicle ” is the same in Rule 310 (adopted 2010) as it is in SIP

- ap proved Rule 310 (adopted 2004).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

27 219 OPEN AREAS AND VACANT LOTS : Any of the following described in Section 219.1 through Section 219.4 of this rule. For t he pur pose of t his r ule, v acant por tions o f r esidential or commercial lots t hat ar e i mmediately adj acent and ow ned and/or operate d by the same individual or entity are considered one open area or vacant lot.

219.1 An unsubdivided or undeveloped tract of land adjoining a dev eloped or par tially dev eloped r esidential, i ndustrial, institutional, governmental, or commercial area.

219.2 A subdivided residential, industrial, institutional, governmental, or commercial lot that contains no appr oved or permitted buildings or structures of a temporary or permanent

nature.

219.3 A partially developed residential, industrial, institutional,

gover nmental, or commercial lot.

219.4 A t ract of land, i n t he no nattainment ar ea, adj oining agricultural property. The definition of “open areas and vacant lots” is not included in R ule 310 ( adopted 20 10), bec ause t he term i s u sed i n Maricopa C ounty Rule 310. 01: F ugitive Dust F rom Non

Tradit ional Sources Of Fugitive Dust.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

28. 223 OPEN STORAGE PILE : Any ac cumulation o f bul k material w ith a 5% or gr eater silt c ontent t hat has a t otal surface area of 150 square feet or more and that at any one point at tains a hei ght of t hree f eet. S ilt c ontent s hall be assumed to be 5% or greater unless a person can show, by testing in accordance with ASTM Method C136

- 06 or other equivalent method approved in writing by the Control Officer

and the Administrator that the silt content is less than 5%. In R ule 310 (adopted 2010 ), add ed t he def inition of “ open storage pile”. This definition is the same as the description of an open storage pile that was used in Section 308.6 in SIP

approved Rule 310 ( adopted 2004). H owever, i n t he definition of “open storage pile” in Rule 310 ( adopted 2010) deleted “ covers” f rom t he phr ase “ covers a t otal s urface area”. An open s torage pile is an open s torage pile if/ when such pi le at tains a hei ght of t hree f eet and at tains a t otal surface area of 150 square feet or more. Such dimensions match dimensions in the definition of “open storage pile” as written in South Coast’s Rule 403: Fugitive Dust.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

29. 220 OWNER AND/OR OPERATOR : The per son r esponsible for obt aining an ear thmoving per mit under Rule 200, S ection 305, or any pe rson who o wns, l eases, oper ates, controls, or 224 OWNER AND/OR OPERATOR : The person including, but not limited to, the property owner, lessee, developer, responsible official, Dust Control permit applicant (who may In Rule 310 (adop ted 2010), to make the definition o f “owner and/or operator” more specific, deleted “responsible for obtaining an earthmoving permit under Rule 200, SectionA. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

supervises a dust ge nerating operation subject to the requirements of this rule. also be the r esponsible pa rty c ontracting t o do t he w ork), general c ontractor, pr ime c ontractor, supervisor, management company, or any person who owns, leases, operates, controls, or supervises a dus t

- generating operation subject to the requirements of this rule. 305” and add ed “including, but not limited to, the property owner, lessee, developer, responsible official, Dust Control permit applicant (who may also be the responsible party contracting to do the work), general contractor, prime contractor, supervisor, management company.”

Rule 310 (adopted 2010) is as stringent as SIP

- approved Rule 310 (adopted 200 4).

30. 221 PAVE : To apply and m aintain asphalt, concrete, or other similar material to a r oadway surface (i.e., asphaltic concrete, concrete pavement, chip seal, or rubberized asphalt). 225 PAVE : To appl y and maintain as phalt, concrete, or

other s imilar material t o a r oadway s urface ( i.e., as phaltic concrete, c oncrete pav ement, chip s eal, or r ubberized asphalt). The def inition o f “ pave ” i s t he same in R ule 310 ( adopted 2010) as it is in SIP

- approved Rule 310 (adopted 2004)

.

Rule 310 ( adopted 2 010) i s as stringent a s S IP

- approved Rule 310 (adopted 2004).

31. 226 PROPERTY LINE : The boundaries of an area in which either a per son causing t he e mission or a per son al lowing the e mission has t he l egal us e or pos session of t he property. W here s uch property is divided i nto one or more

sub

- tenancies, the property line(s) shall refer to the boundaries dividing the areas of all sub

- tenancies. Rule 310 (adopted 2010) includes the definition of “property

line”. SIP

- approved Rule 310 (adopted 2004) did not include

the definition of “ property l ine”. T he def inition matches the definition of “property line” as written in South Coast’s Rule 403: F ugitive D ust. C lark C ounty, P ima D epartment O f Environment Q uality, South Coast Air Q uality Management District, and San Joaquin Valley Air Pollution Control District rules al l i nclude pr ovisions t hat do not al low v isible emissions from activities on a site to extend beyond the property line. Maricopa Association Of Governments also included this measure as a suggested measure in the Five

Percent P lan

. This measure i s i ncluded i n R ule 310 t o imp rove compliance with the rules.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

32. 222 PUBLIC ROADWAYS : Any roadways that are open to public travel. In Rule 310 (adopted 2010), deleted the definition of “public roadways”. The concept is captured in the definition of “area accessible to the public”.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

33. 223 ROUTINE : Any dus t gener ating oper ation w hich oc curs more than 4 times per year or l asts 30 cumulative days or

more per year. 227 ROUTINE : Any dust

- generating operation which occurs more than 4 t imes per year or lasts 30 c umulative days or

more per year. The definition of “ routine ” is the same in Rule 310 ( adopted 2010) as it is in SIP

- ap proved Rule 310 (adopted 2004).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

34. 224 SILT : Any aggregate material with a particle size less than

75 mi crometers in diameter, which passes through a N o. 200

Sieve. 228 SILT : Any aggr egate m aterial with a particle s ize l ess than 75 micrometers i n di ameter, w hich pas ses through a

No. 200 sieve. The definition of “ silt ” is the same in Rule 310 (adopted 2010) a s it is in SIP

- ap proved Rule 310 (adopted 2004).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

35. 225 TRACKOUT/CARRYOUT : Any and al l bulk materials that adhere to and agglomerate on t he surfaces of motor vehicles,

hau l t rucks, and /or equi pment ( including tires) and t hat hav e fallen or been depos ited onto a p aved area accessible to the public. 229 TRACKOUT/CARRYOUT : Any and all bulk materials that adher e t o and aggl omerate on t he s urfaces of motor vehicles, haul trucks, and/or equipment (including tires) and that have fallen or been depo sited onto an ar ea accessible to the public. The definition of “trackout/carryout” is the same in Rule 310 (adopted 2010) as it is in SIP

- approved Rule 310 (adopted

2004 ) with one exception. “Paved” was deleted from the phrase “paved area accessible to the public”. The definition of “area accessible to the public” was clarified to include paved ar eas, s o t he phr ase “ paved ar ea ac cessibl e to t heA. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

public” was redundant.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

36. 226 TRACKOUT CONTROL DEVICE : A gr avel pad, gr izzly, wheel wash s ystem, or a pav ed ar ea, l ocated at t he poi nt of intersection of an unpav ed area and a pav ed area accessible to the public that controls or prevents vehicular trackout. 230 TRACKOUT CONTROL DEVICE : A gravel pad, grizzly, wheel wash system, or a paved area, located at the point of intersection of an unpav ed a rea and an a rea accessible to the public that controls or prevents vehicul ar trackout. The definition of “trackout control device” is the same in Rule 310 ( adopted 2010) as i t i s i n S IP

- approved R ule 310 (adopted 2004) with one exception. “Paved” was deleted from the phrase “paved area accessible to the public”. The definition o f “ area ac cessible t o the publ ic” was c larified t o include paved areas, so the phrase “paved area accessibl e to the public” was redundant.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

37. 227 UNPAVED HAUL/ACCESS ROAD : Any on

- site unpaved road us ed by c ommercial, i ndustrial, i nstitutional, and/ or governmental traffic. 231 UNPAVED HAUL/ACCESS ROAD : Any on

- site unpaved r oad us ed by c ommercial, i ndustrial, institutional, and/or governmental traffic. The definition of “unpaved haul/access road” is the same in Rule 310 ( adopted 2010) as it is in SIP

- ap proved Rule 310 (adopted 2004).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

38. 228 UNPAVED PARKING LOT : Any ar ea l arger t han 5 ,000

squa re feet that is not paved and that is used for parking, maneuvering, or storing motor vehicles. 232 UNPAVED PARKING LOT : Any area that is not paved and that is designated for parking in the Dust Control Plan or that is used for parking, maneuvering, material handling, or storing motor vehicles and equi pment. An unpaved parking lot includes, but is not limited to, automobile impound yards, wrecking y ards, aut omobile di smantling y ards, salvage yards, material handl ing y ards, a nd s torage y ards. F or t he

purpose of t his r ule, maneuvering s hall not i nclude military

maneuvers or exercises conducted on federal facilities. In R ule 310 ( adopted 2010), changed t he definition of “unpaved par king l ot” t o match C lark C ounty’s def inition of “unpaved parking lot” as written in Section 92: Fugitive Dust From Unpaved Parking Lots; Material Handling And Storage Yards; And Vehicle And Equipment Storage Yards. Also, added the phrase “that is designated for parking in the dust control plan or”, because there was concern that some size restriction was needed t o define what constitutes a par king lot in order to prevent the creation of a regulated parking lot by a m ere s ingle par ked v ehicle. I n addi tion, t here w as concern r egarding t he c riteria u sed t o det ermine t hat such area is a parking lot/area, when an area is not designated as a parking lot/area in the dust control plan.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

39. 229 UNPAVED ROAD : Any road or equipment path that is not paved. For the purpose of this rule, an unpav ed road is not a horse trail, hiking path, bicycle path, or other similar path used exclusively for purposes other than travel by motor vehicles. 233 UNPAVED ROAD : Any road or equipment path that is not paved. For the purpose of this rule, an unpav ed road is not a hor se t rail, hi king pat h, bi cycle pat h, or ot her s imilar path us ed ex clusively f or pur poses o ther t han t ravel by

motor vehicles. The def inition of “ unpaved r oad” i s the same i n R ule 310 (adopted 2010) as it is in SIP -a ppro ved Rule 310 (adopted 2004).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

40. 230 URBAN OR SUBURBAN OPEN AREA : The definition of urban or s uburban op en ar ea i s i ncluded i n S ection 219 (Definition Of Open Areas And Vacant Lots) of this rule. The def inition of “ urban or s uburban open a rea” i s not included i n R ule 310 ( adopted 2 010), bec ause t he t erm i s included i n t he def inition o f “ open ar eas and v acant l ots”, which i s used i n Maricopa C ounty Rule 310. 01: F ugitive

Dust From Non

- Tradit ional Sources Of Fugitive Dust.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

231 VACANT LOT : The definition of vacant lot is included in The definition of “ vacant lot ” is not included in Rule 310A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

41. Section 219 ( Definition O f O pen A reas A nd Vacant Lo ts) o f

this rule. (adopted 2010) , bec ause t he term i s included i n t he definition of “open areas and v acant lots”, which is used in Maricopa C ounty Rule 310. 01: Fugitive D ust From N on

Tradit ional Source s Of Fugitive Dust.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

42. 232 VACANT PARCEL : The d efinition o f v acant par cel i s included in Section 219 (Definition Of Open Areas And Vacant Lots) of this rule. The definition of “vacant parcel” is not included in Rule 310 (adopted 2010) , bec ause t he term i s included i n t he definition of “open areas and v acant lots”, which is used in Maricopa C ounty Rule 310. 01: Fugitive D ust From N on

Tradit ional Sources Of Fugitive Dust.

Ru le 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

43. 233 WIND

- BLOWN DUST : Visible e missions, from any disturbed s urface ar ea, t hat ar e gener ated by wind ac tion

alone. 234 WIND

- BLOWN DUST : Visible e missions, f rom any

disturbe d surface ar ea, t hat ar e generated by w ind ac tion

alone. The definition of “wind

- blown dust” is the same in Rule 310 (adopted 2010) as it is in SIP

- ap proved Rule 310 (adopted 2004).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

44. 234 WIND EVENT : When the 60

- minute average wind speed is greater than 25 miles per hour. The def inition of “ wind e vent” was del eted f rom R ule 310 (adopted 2010), because text regarding an exemption from the v isible e missions r equirements du ring a w ind e vent ( in

Section 30 1.1 of SIP

- approved Rule 310 (adopted 20 04 ))

was del eted. However, S ection 303. 2(a) of R ule 310 (adopted 2010) includes t ext, w hich is s imilar to Clark County R ule 94. 9.3, which exempts a dus t

- generating operation from the 20% opacity requirement as long as the following c onditions ar e met: ( 1) A ll control measures and requirements of the Dust Control Plan are implemented and the s ubject v iolations cannot be pr evented by bet ter application, operation, or maintenance of these measures and requirements; (2) Cease dust

- generating operations and stabilize any di sturbed surface area c onsistent w ith t he disturbed s urface ar ea s tabilization r equirements of R ule 310 (adopted 2010); and (3) Compile records consistent with the recordkeeping requirements of Rule 310 (adopted 2010). The i ntent of the r eplacement l anguage i s to r equire escalating controls as winds increase. Ceasing operations is

the ultimate control when all else fails.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

45. 235 WORK SITE : Any pr operty upon w hich any dus t generating operations and/or earthmoving operations occur. 235 WORK SITE : Any pr operty upon w hich any dus t

generating operations occur. The def inition of “ work site ” is t he same in R ule 310 (adopted 2010) as it is in SIP

- approved Rule 310 (adopted 2004) with one e xception. “ And/or ear thmoving oper ations”

was del eted from t he phr ase “ dust

- generating and/ or earthmoving oper ations” . S ince t he de finition of “ dust

generating oper a tion ” includes ear thmoving oper ations, “earthmoving operations” was r edundant.A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

46. 301 GENERAL REQUIREMENTS FOR DUST

- GENERATING OPERATIONS:

301.1 Any per son engaged i n a d ust

- generating oper ation subject to this rule shall be subject to the standards and/or requirements of this rule before, after, and while conducting

such dust

- generating operation, including during weekends, after work hours, and on holidays.

301.2 For the purpose of this rule, any control measure that is implemented m ust achieve t he applicable s tandard(s) described in this rule, as determined by the corresponding test method(s), a s appl icable, an d must ac hieve o ther ap plicable standard(s) set forth in this rule.

301.3 Regardless of whether a dust

- generating operation is in compliance with an approved Dust Control Plan or there is no approved D ust Control P lan, the owner and/ or oper ator of a

dust

- generating operation shall be subject to all requirements

of t his rule at all times.

301.4 Failure t o c omply with t he provisions of t his r ule, as applicable, and/ or of an appr oved D ust C ontrol P lan, s hall

constitute a violation. Rule 310 ( adopted 2010) includes a “ general requirements”

section
– Section 301 . S IP

- appr oved R ule 310 ( adopted 2004) does not include a “general requirements” section. However, Rule 310 (adopted 2010), Section 301 is the same

as S ections 303.2 and 306 i n S IP

- ap proved R ule 310 (adopted 2004).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

47. 302 PERMIT REQUIREMENTS FOR DUST

- GENERATING

OPERATIONS:

302.1 No per son s hall commence c onstruction of, oper ate, or m ake a modification t o any dust

- generating oper ation

when such dust

- generating operations disturb a total surface area of 0. 10 ac re ( 4,356 square feet) or more without f irst obtaining a permit or permit revision from the Control Officer.

302.2 No per son s hall commence c onstruction of, oper ate, or make a modification to any dust

- generating operation that

d isturbs a t otal surface ar ea of l ess than 0. 10 ac re ( 4,356 square f eet) under c ommon control t hat ar e ei ther contiguous or separated only by a public or private roadway and t hat cumulatively equal or exceed 0. 10 ac re ( 4,356 square feet) in area without first obtaining a permit or permit

revision from the Control Officer.

302.3 No person s hall c ommence any r outine dus t

- generating operation that disturbs a surface area of 0.10 acre or greater at a s ite that has obtained or must obtain a Title V , N on

- Title V , or G eneral per mit under R egulation I I (Permits and Fees) of these rules without first submitting to

the Control Officer a Dust Control Plan.

302.4 The property owner, lessee, developer, responsible official, Dust Control permit applicant (who may also be t he responsible par ty c ontracting t o do t he w ork), gener al contractor, prime c ontractor, s upervisor, m anagement company, or any per son w ho ow ns, l eases, oper ates, controls, or supervises a dus t

- generating oper ation s ubject to t he r equirements of t his r ule s hall be r esponsible f or In Rule 310 (adopted 2010), Section 302 includes permit requirements f or dus t

- generating oper ations . S IP

- approved Rule 310 (adopted 2004) did not include permit requirements; I t onl y r equired a D ust C ontrol Plan to be submitted w ith any per mit a pplications t hat i nvolved earthmoving oper ations w ith a di sturbed surface ar ea t h at equals or exceeds 0.10 acr e.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

obtaining a permit or permit revision from the Control Officer.

302.5 All permit applications shall be filed in the manner and form prescribed by the Control Officer, which includes, but is not limited to, the requirements of Section 400 of this rule. The application shall contain all the information necessary to

enable t he C ontrol O fficer to make t he de termination t o grant or to deny a permit or permit revision, which shall

contain such terms and conditions as the Control Officer

de ems necessary to assure a s ource's compliance with the requirements of this rule.

302.6 The issuance of any permit or permit revision shall not relieve any per son s ubject t o t he r equirements of t his r ule from compliance with any Federal laws, Arizona laws, or these rules.

302.7 Any ot her l aw, r egulation or per mit shall not r elieve any person from obtaining a permit or permit revision required under this rule.

48. 301 OPACITY LIMITATION FOR DUST GENERATING

OPERATIONS: The ow ner and/ or oper ator of a dus t generating oper ation s hall no t al low v isible f ugitive du st emissions t o e xceed 20% opacity as t ested by m ethods described in Appendix C of these rules.

301.1 Wind Event: Exceedances of the opacity limit that occur due to a w ind event shall constitute a v iolation of the opacity limit. H owever, i t s hall be an af firmative def ense in an enforcement action if the owner and/or operator demonstrates all of the following conditions:

a. All control measures required were followed and 1 or more of t he c ontrol measures i n Tables 20 & 21 w as appl ied and maintained;

b. The 20% opac ity ex cee dance could not hav e been prevented by better application, implementation, operation, or maintenance of control measures;

c. The owner and/or operator compiled and r etained records, in ac cordance with S ection 502 ( Recordkeeping) of this r ule;

and

d. The o ccurrence of a wind event on the day(s) in question is documented by records. The occurrence of a wind event must be determined by the nearest Maricopa County Environmental Services Department Air Quality Division monitoring station, from any ot her c ertified meteorological s tation, or by a wind instrument t hat i s calibrated ac cording t o manufacturer’s standards and that is located at the site being checked. 301.2 Emergency Maintenance Of Flood Control Channels

and Water Retention Basins: No opacity limitation shall apply to emergency maintenance of flood control channels and water retention bas ins, pr ovided t hat c ontrol measures ar e implemented. 301.3 Vehicle Test And Development Facilities And Operations: No opac ity l imitation s hall appl y t o v ehicle t est

an d dev elopment f acilities and oper ations w hen dus t i s 303 VISIBLE EMISSIONS REQUIREMENTS FOR DUST

GENE RATING OPERATIONS:

303.1 Dust

- Generating Operation Visible Emissions Requirement : T he ow ner and/ or oper ator of a dus t

generating oper ation s hall not allow v isible f ugitive dus t

emissions to exceed the limits listed in either one of the following:

a. The owner and/or operator of a dust

- generating operation shall not cause or allow v isible fugitive dust e missions t o exceed 20% opacity.

b. The owner and/or operator of a dust

- generating operation shall not cause or al low v isible em issions of par ticulate
matter, including fugitive du st, beyond t he pr operty l ine within which the emissions are generated. Visible emissions shall be det ermined by a s tandard of no v isible e missions exceeding 30 s econds i n dur ation i n any s ix

- minute per iod as determined by using EPA Reference Method 22.

303.2 Exemptions from Dust

- Generating Operation Visible Emissions Requirement:

a. If wind conditions cause fugitive dust emissions to exceed the visible emissions requirements in Section 303.1(a) of this r ule, des pite i mple mentation of the D ust C ontrol Plan, an owner and/or operator shall: (1) Ensure that all control measures and requirements of the Dust C ontrol Plan ar e i mplemented and t he s ubject violations cannot be prevented by better application, operation, or maintenance of t hese m easures and requirements. (2) Cease dust

- generating operations and stabilize any

disturbed surface area consistent with Section 304.3 of this

rule. (3) Compile records consistent with Sections 502 and 503 of

this r ule and do cument control measure and ot her Dust Control Plan requirement implementation. In Rule 310 (adopted 2010), Section 303.1(a) is the same as

Section 301 in SIP

- approved Rule 310 (adopted 2004).

In R ule 310 ( adopted 2 010), S ection 303. 1(b) w as not

included i n S IP -a pproved R ule 3 10 ( adopted 20 04). Clark County, Pima Department Of Environment Quality, South Coast Air Quality Management District, and San Joaquin Valley Air Pollution Control District rules all include provisions that do not allow visible emissions from activities on a s ite to ex tend bey ond t he pr operty l ine. M aricopa

Association Of Governments also included this measure as a s uggested measure i n t he Five P ercent Plan. T his measure is included in Rule 310 to improve compliance with

the rules.

In Rule 310 ( adopted 2010), Section 303.2(a) includes text

, which is similar to Clark County Rule 94.9.3, which exempts

a dust

- generating operation from the 20% opacity requirement as long as the following conditions are met: (1) All control measures and r equirements of t he Dust Control Plan are implemented and the subject violations cannot be prevented by bet ter appl ication, operation, or maintenance of these measures and requirements; (2) Cease dust

generating operations and stabilize any disturbed surface

area consistent with the disturbed surface area stabiliz ation requirements of Rule 310 ( adopted 2010); and ( 3) Compile records consistent w ith t he r ecordkeeping r equirements of Rule 310 ( adopted 2010 ). T he i ntent of t he r eplacement language is to require escalating controls as winds increase. Ceasing operations is the ultimate control when all else fails.

In Rule 310 (adopted 2010), Section 303.2( b ) is the same as

Section 301.2 in SIP

- approved Rule 310 (adopted 2004).A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

required t o t est and v alidate des ign i ntegrity, pr oduct qual ity, and/or c ommercial ac ceptance, i f s uch t esting i s not feasible

within enclosed facilities. b. Emergency Maintenance of Flood Control Channels

and Water Retention Basins: The visible emissions limits described in Section 303.1 of this rule shall not apply to emergency maintenance of flood control cha nnels and water retention basins, provided that control measures are implemented.

c. Vehicle Test and Development Facilities and Operations: The v isible e missions l imit des cribed i n Section 303. 1(a) of t his r ule s hall not appl y t o vehicle t est and dev elopment f acilities and oper ations w hen dus t i s required to test and validate design integrity, product quality, and/or commercial acceptance, if such testing is not feasible within enclosed f acilities. H owever, all ar eas used t o test and validate design integr ity, product quality, and/or commercial a cceptance shall be s tabilized af ter s uch testing, in compliance with Appendix C (Fugitive Dust Test Methods) of t hese r ules. A ll ar eas not u sed t o t est and validate design integrity, product quality, and/or commerci al acceptance shall be stabilized, in compliance with Appendix C (Fugitive Dust Test Methods) of these rules. In addition, vehicle t est and dev elopment f acilities may r equire a D ust Control permit in accordance with Section 302 of this rule.

d. Activities Near the Property Line: The opa city l imit described in Section 303.1(b) of this rule shall not apply to

dust

- generating oper ations c onducted within 25 f eet of t he property line.

e. Ceasing Operations at a Solid Waste Management Facility: The require ment i n Section 303.2(a)(2) of this rule

to cease dust

- generating operations if wind conditions cause fugitive dus t e missions t o ex ceed t he v isible e missions requirements in Section 303.1(a) of this rule shall not apply to daily compaction and covering of refus e if ceasing operations v iolates A rizona D epartment o f E nvironmental Quality solid w aste management r ules or c auses or threatens t o c ause a publ ic heal th haz ard o r nui sance. However, t he o wner and/ or ope rator m ust comply w ith al l other provisions in Sectio n 303.2(a) of this rule. In R ule 310 ( a dopted 2010) , S ection 303. 2(c) includes t he following provisions, which SIP

- app roved Rule 310 (adopted 2004) , S ection 301. 3 d id not i nclude: ( 1) A ll ar eas us ed to test and v alidate des ign i ntegrity, pr oduct qual ity, and/ or commercial acceptance shall be stabilized after such testing in compliance with Appendix C: Fugitive Dust Test M ethods of t hese r ules; ( 2) A ll ar eas not used t o t est and v alidate design integrity, product quality, and/or commercial acceptance shall be s tabilized in compliance with Appendix C: Fugitive Dust Test Methods; and (3) Vehicle test and development facilities may require a dust control permit.

In Rule 310 ( adopted 2010), Section 303.2(d) allows visible emissions t o cross a pr operty l ine i f du st

- generating operations ar e bei ng c onducted w ithin 25 f eet of t he property line. However, such dust

- generating operation is still subject to the 20% opacity limit. This provision was not

included in SIP

- approved Rule 310 (adopted 2004).

In Rule 310 (adopted 2010), Section 303.2(e) includes a provision that allows daily compaction and covering of refuse t o c ontinue i f ceasing oper ations

, dur i ng wind

conditions that cause fugitive dust emissions to exceed the 20% opac ity l imit, violates Arizona Department O f Environmental Q uality s olid w aste management r ules or causes or t hreatens t o cause a publ ic heal th haz ard o r

nuisanc e. All o ther provisions o f Section 303. 2(a) in R ule 310 (adopted 2010) must be complied

- with.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

49. 302 STABILIZATION REQUIREMENTS FOR DUST

GENERATING OPERATIONS: 302.1 Unpav ed Parking Lot: The o wner and/ or ope rator of any unpaved parking lot shall not allow visible fugitive dust emissions to exceed 20% opacity, and either:

a. Shall not allow s ilt loading equal t o or gr eater than 0. 33 oz/ft2 , or

b. Shall not allow the silt content to exceed 8%. 302.2 Unpaved Haul/Access Road:

a. The o wner and/or oper ator o f any unpa ved haul /access road (whether i ncluding at a work site that is under construction or at a work site that is temporarily or permanently inactive) s hall not al low v isible f ugitive dus t e missions t o exceed 20% opacity, and either: 304 STABILIZATION REQUI REMENTS FOR DUST

GENERATING OPERATIONS:

304.1 Unpaved Parking Lot: The owner and/or operator of any unpaved parking lot shall not allow visible fugitive dust emissions to exceed 20% opacity and shall not allow silt loading equal to or greater than 0.33 oz/ ft 2 . However, if silt loading is equal to or greater than 0.33 oz/ft 2

,

304.2 Unpaved Haul/Access Road: then the owner and/or operator shall not allow the silt content to exceed 8%.

a. The owner and/ or ope rator of any unpav ed h aul/access road (whether at a work site that is under construction or at a work site that is temporarily or permanently inactive) shall not al low v isible fugitive du st e missions to ex ceed 20% opacity and s hall not al low s ilt l oading equal t o or gr eater In Rule 310 ( adopted 20 10 ) , Section 304.1 is the same as

Section 302.1 in SIP

- approved Rule 310 (adopted 2004)

. The stabilization standards (i.e., silt loading and s ilt content)

were c larified t o m atch t he i ntent of s uch s tandards as described in the Federal Implementation Plan (FIP).

In Rule 310 ( adopted 20 10), Section 304.2 is the same as

Section 302.2 in SIP

- app roved Rule 310 (adopted 2004). However, Rule 310 (adopted 2010), Section 304.2 requires a description of how vehicle speeds will be restricted to no more than 15 miles per hour to be included in the Dust

Control Plan.

In Rule 310 ( adopted 20 10), Section 304.3 is t he same asA. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

(1) Shall not al low s ilt loading equal t o or gr eater t han 0. 33 oz/ft2; or (2) Shall not allow the silt content to exceed 6%.

b. The ow ner and/ or oper ator o f any unpav ed haul /access road ( including at a w ork s ite that i s under construction or a work site that is temporarily or permanently inactive) shall, as an alternative to meeting the stabilization requirements for an unpaved haul/access road, limit vehicle trips to no m ore than 20 per day per road and l imit vehicle speeds to no more than 15 miles per hour. If complying with this subsection, the owner and/or oper ator m ust i nclude, i n a D ust C ontrol P lan, t he maximum number of vehicle trips on the unpaved haul/access roads each day (including number of employee vehicles, earthmoving equipment, haul trucks, and water trucks). 302.3 Open Area And Vacant Lot Or Disturbed Surface

Area: The o wner a nd/or oper ator of an open a rea and/ or vacant lot or any disturbed surface area on which no activity is occurring (including at a work site that is under construction or a w ork s ite t hat i s t emporarily or per manently i nactive) s hall meet at least 1 of the standards described in Sections 302.3(a) through 302.3(g) below, as applicable. Should a disturbed

open area and/or vacant lot or any disturbed surface area on which no ac tivity i s oc curring c ontain more t han one t ype of disturbance, soil, v egetation, or other c haracteristics, w hich are visibly distinguishable, the owner and/or operator shall test each representative surface separately for stability, in an area that r epresents a r andom por tion of t he ov erall di sturbed conditions of the s ite, ac cording t o t he appr opriate t est methods in Appendix C of these rules, and include or eliminate

it from the total siz e assessment of disturbed surface area(s) depending upon t est m ethod r esults. The ow ner and/or operator of s uch inactive di sturbed s urface ar ea s hall be

considered in violation of this rule if the area is not maintained in a manner that meets at least 1 of the standards listed below, as applicable.

a. Maintain a visible crust;

b. Maintain a t hreshold friction velocity ( TFV) f or di sturbed

surface ar eas c orrected f or non

- erodible el ements of 100 cm/second or higher;

c. Maintain a f lat v egetative c over ( i.e., attached ( rooted) vegetation or unattached vegetative debris lying on the surface with a pr edominant horizontal orientation that is not subject to movement by wind) that is equal to at least 50%;

d. Maintain a standing vegetative cover (i.e., vegetation that is attached (rooted) with a pr edominant vertical orientation) that is equal to or greater than 30%;

e. Maintain a standing vegetative cover (i.e., vegetation that is attached (rooted) with a pr edominant vertical orientation) that is equal t o or gr eater than 10 % and w here t he t hreshold friction velocity is equal to or greater than 43 cm/second when

corrected for non

- erodible elements; than 0.33 oz/ft 2

. However, if sil t loading is equal to or greater

than 0.33 oz /ft 2

b. The owner and/ or oper ator of any unpav ed haul /access road (whether at a work site that is under construction or a work s ite that is t emporarily or p ermanently i nactive) s hall, as an al ternative t o meeting t he s tabilization r equirements for an unpav ed haul/access road in Section 304.2(a) of this rule, limit vehicle trips to no m ore than 20 per day per road and limit vehicle speeds to no more than 15 miles per hour. If complying with this section of this rule, the owner and/or operator must include, in a Dust Control Plan, the maximum number of v ehicle t rips on t he unpav ed haul /access r oads each day ( including nu mber of e mployee v ehicles, earthmoving equipment, haul trucks, and water trucks) and a description of how v ehicle speeds will be restricted to no more than 15 miles per hour. , then the owner and/ or oper ator shall not

allow the silt content to exceed 6%.

304.3 Disturbed Surface Area: The owner and/or operator of any disturbed surface area on which no a ctivity is occurring ( whether at a work site that is under construction or a work s ite t hat i s t emporarily or per manently i nactive)

shall meet at l east one of t he standards described in Sections 304. 3(a) t hrough 304. 3(g) bel ow, as appl icable.

Should such a disturbed surface area contain more than one type of stabilization characteristic, s uch as soil, vegetation, or other characteristic, which is visibly distinguishable, then the ow ner and/ or oper ator s hall t est eac h r epre sentative surface separately for stability, in an area that represents a random portion of the overall disturbed conditions of the site, in ac cordance with t he appr opriate t est methods described in Section 501.2(c) of this rule and i n Appendix C (Fugitive Dust Test Methods) of these rules . The owner and/or operator of such disturbed surface area on which no activity is occurring shall be considered in violation of this rule if the

area is not maintained in a manner that meets at least one of the standards listed below, as applicable. An area is con

sidered to be a di sturbed surface area until the activity that caused t he di sturbance has b een c ompleted and t he

disturbed surface area meets the standards described in this

section of this rule.

a. Maintain a soil crust;

b. Maintain a t hreshold friction velocity ( TFV) for di sturbed

surface areas corrected for non

- erodible elements of 100 cm/second or higher;

c. Maintain a flat vegetative cover (i.e., attached [rooted] vegetation or unat tached v egetative debr is l ying on the surface with a pr edominant horizontal orientation that is not subject to movement by wind) that is equal to at least 50%;

d. Maintain a standing vegetative cover (i.e., vegetation that is attached [rooted] with a pr edominant vertical orientation) that is equal to or greater than 30%; Section 302.3 in SIP

- approved Rule 3 10 (adopted 2004)

. However, R ule 310 ( adopted 201 0), S ection 304. 3 clarifie s the s econd sentence r egarding “ visibly di stinguishable

stabilization c haracteristics”. Section 304. 3 i s intended to

describe c ontrol measures t o s tabilize di sturbed s urface

areas on a work site that is under construction when there is no ac tivity oc curring at a w ork s ite ( i.e., w hen t he construction at t he w ork s ite i s t emporarily or per manently inactive). Neither owner nor operator nor responsible official can c ircumvent dus t c ontrol r equirements by c laiming i t i s the s ole r esponsibility of one par ticular par ty t o obt ain t he required dus t c ontrol per mit an d c omply w ith appl icable requirements . Also, in Rule 310 (adopted 2010), changed

“soi l” crust to “visible ” crust i n S ection 304. 3(a), because a

“soil” crust is the standard for stabilization measures and a “visible” c rust i s t he s tandard f or f ugitive dus t c ontrol

measures.

In R ule 310 ( adopted 2010) , Section 304 .4 includes t he

followi ng provisions, which SIP

- approved Rule 310 (adopted 2004) , S ection 302. 4 d id not i nclude: ( 1) A ll ar eas us ed to test and v alidate des ign i ntegrity, pr oduct qual ity, and /or commercial acceptance shall be stabilized after such testing in compliance with Appendix C: Fugitive Dust Test Methods of t hese r ules; ( 2) A ll ar eas not used t o t est and v alidate design i ntegrity, pr oduct qua lity, and /or c ommercial acceptance shall be s tabilized in compliance with Appendix C: F ugitive D ust T est M ethods; and ( 3) V ehicle test and development facilities may require a dust control permit.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

f. Maintain a percent cover that is equal to or greater than 10%

for non

- erodible elements; or

g. Comply with a standard of an alternative test method, upon obtaining the written approval from the Control Officer and the Administrator of the Environmental Protection Agency (EPA). 302.4 Vehicle Test And Development Facilities And Operations: No stabilization requirement shall apply to vehicle test and development f acilities and operations w hen dus t is required t o t est and v alidate des ign i ntegrity, pr oduct qual ity, and/or c ommercial ac ceptance, i f s uch t esting i s not feasible

within enclosed facilities. e. Maintain a standing vegetative cover (i.e., vegetation that is attached [rooted] with a pr edominant vertical orientation) that is equal to or greater than 10% and where the threshold friction velocity is equal to or greater than 43 cm/second

when corrected for non

- erodible elements;

f. Maintain a per cent cover that is equal to or greater than

10% for non

- erodible elements; or

g. Comply with a standard of an alternative test method, upon obtaining the written approval from the Control Officer

and th e Administrator. 304.4 Vehicle Test and Development Facilities and Operations: No stabilization requirement s hall appl y t o vehicle test and dev elopment facilities and oper ations when dust is required to test and validate design integrity, product quality, and/or commercial acceptance, if such testing is not feasible within enclosed facilities. However, all areas used to test and v alidate des ign i ntegrity, pr oduct qual ity, and/ or commercial acceptance shall be stabilized after such testing, in compliance with Appendix C (Fugitive Dust Test Methods) of these rules. All areas not used to test and validate design integrity, product quality, and/or commercial acceptance shall be s tabilized, in compliance with Appendix C (Fugitive Dust Test Methods) of these rules. In addition, vehicle test and development facilities may require a Dust Control permit

in accordance with Section 302 of this rule.

50. 303 DUST CONTROL PLAN REQUIRED:

303.1 The ow ner and/ or ope rator of a dus t gener ating operation s hall submit to the C ontrol O fficer a D ust Control Plan w ith any per mit appl ications t hat i nvolve ear thmoving operations w ith a di sturbed s urface ar ea t hat equal s or exceeds 0.10 acre, including both of the following situations:

a. When submitting an appl ication f or an ear thmoving per mit involving ear thmoving oper ations that would equal or exceed 0.10 acre, and

b. Before c ommencing any r outine dus t gener ating oper ation at a site that has obtained or must obtain a Title V, Non

- Title V, or gener al per mit under R egula tion II ( Pe rmits A nd F ees) of

these rules. Compliance with this section does not affect an ow ner and/or operator’s responsibility to comply with the other standards of

this r ule. The D ust C ontrol P lan s hall des cribe al l c ontrol measures to be implemented b efore, after, and while conducting any dus t gener ating oper ation, i ncluding dur ing weekends, after work hours, and on holidays.

303.2 A Dust Control Plan shall, at a minimum, contain all the

information described in Section 304 of this rule. The Control

O fficer shall approve, disapprove, or conditionally approve the Dust C ontrol P lan, i n a ccordance w ith t he c riteria us ed t o approve, disapprove or conditionally approve a permit. Failure to comply with the provisions of an approved Dust Control Plan

is deeme d to be a violation of this rule. Regardless of whether 402 DUST CONTROL PLAN REQUIREMENTS:

402.1 The owner and/or operator of a dust

- generating operation shall submit to the Control Officer a D ust Control

Plan with any permit applications that involve dust

generating oper ations w ith a di sturbed s urface ar ea t hat equals or ex ceeds 0. 10 ac re ( 4,356 s quare f eet) i ncluding both of the following situations:

a. When submitting an appl ication for a Dust Control permit involving dus t

- generating oper ations t hat w ould equal or exceed 0.10 acre (4,356 square feet), and

b. Before c ommencing any r outine dus t

- generating operation at a site that has obtained or must obtain a Title V,

Non

- Title V, or General permit under Regulation II (Permits and Fees) of these rules.

402.2 The ow ner and/ or ope rator of a dus t

- generating operation shall submit to the Control Officer a D ust Control Plan w ith any appl ication f or a D ust C ontrol per mit. Applicants shall describe, in a D ust Control Plan, all control measures t o be i mplemented before, af ter, and w hile conducting any dus t

- generating o peration, i ncluding dur ing weekends, after work hours, and on holidays.

402.3 A Dust Control Plan shall, at a minimum, contain all of the following informat ion:

a. Name(s), addr ess(es), and ph one num bers of person(s) responsible for the submittal and implementation of the Dust Control P lan and r esponsible f or t he dus t

- generating In Rule 310 (adopted 2010), Section s 402.1 and 402.2 are

the same a s Section 303. 1 i n SIP

- approved R ule 3 10 (adopted 2004) . A lso, the s econd t o l ast s entence i n S IP

approved Rule 310 ( adopted 20 04 ) , w hich s tates

“ Compliance w ith t his section d oes not af fect an ow n er and/or oper ator’s r esponsibility to c omply w ith the ot her

stand ards of t his r ule” i s i ncluded i n S ection 301. 3 i n Rule 310 (adopted 2010).

In Rule 310 ( adopted 20 10), Section 402.3 is the same as

Section 303.2 in SIP

- approved Rule 310 (adopted 2004).

H owever, S ection 402. 3 de scribes t he i nformation to be included i n a D ust C ontrol Plan i nstead of r eferring t o

another section in Rule 310 for the information.

In Rule 310 ( adopted 20 10), Section 402.4 is the same as

Section 303.2 in SIP

- approved Rule 310 (adopted 2004). The additional provisions in Section 303.2 in SIP

- approved Rule 310 (adopted 2004) are included in Rule 310 (adopted 2010), Section 301.

In Rule 310 (adopted 2010), Section 402.5 is not specifically

addressed i n S IP

- approved R ule 310 ( adopted 2004) . In

SIP

- approved Rule 310 ( adopted 2004), “block permit” was addressed in Sections 304.6, 307, and 401. A block permit was exempt from disclosing in its Dust Control Plan the soilA. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

an appr oved D ust C ontrol P lan i s i n pl ace or not , the owner and/or oper ator of a s ource dus t gener ating oper ation i s still subject to all requirements of this rule at all times. In addition,

the owner and/or operator of a s ource with an appr oved Dust Control P lan is s till s ubject t o a ll of the r equirements of t his rule, even if such owner and/or operator is complying with the approved Dust Control Plan.

303.3 At l east one pr imary control measure and on e contingency control measure must be identified in the Dust Control Plan for all fugitive dust sources. Should any primary control measure(s) prove ineffective, the owner and/or operator shall immediately implement the contingency control measure(s). If t he identified contingency control measure is effective to comply with all of the requirements of this rule, the owner and/or operator n eed not r evise the Dust Control Plan

under Section 305 of this rule.

303.4 A Dust Control Plan shall not be required for any of the following activities:

a. To play on or maintain a field used for non

- motorized sports;

b. For l andscape maintenance, which f or t he pur pose of t his rule, does not include grading, trenching, nor any other mechanized surface disturbing activities; and

c. To establish initial landscapes or to redesign existing landscapes of legally

- designated public parks and recreational areas, including national parks, national monuments, national forests, s tate par ks, city parks, county r egional parks,

ballfields , camp sites, and pl aygrounds at c amp s ites; hi king paths, horse trails, and bicycle paths that are used exclusively for pur poses ot her t han t ravel by m otor v ehicles; ( for t he purpose of this rule, establishing initial landscapes or redesigning ex isting l andscapes does not include gr ading, trenching, or any ot her mechanized s urface di sturbing activities). operation.

b. A drawing, on 81⁄2” x 11” paper, that shows: (1) Entire pr oject s ite/ facility boundaries, i ncluding boundaries of areas to be disturbed if less than entire project site/facility boundaries, (2) Acres to be di sturbed w ith l inear di mensions or certification by a l icensed engineer or surveyor showing the total square footage t o be disturbed, (3) Nearest public roads, (4) North arrow, (5) Planned ex it l ocations on to ar eas ac cessible to t he public, and (6) Unpaved parking lot(s).

c. Appropriate c ontrol measures, or a c ombination t hereof, as described in Sections 305 and 306 of this rule, for every actual and potential dust

- generating operation. (1) Control measures must be implemented before, after, and w hile c onducting any dus t

- generating oper ation, including dur ing w eekends, a fter w ork hour s, and on holidays. (2) All required c o ntrol measures and at least one contingency control measure must be i dentified for all dust

generating operations. (3) A control measure that is not listed in Section 305 or in Section 306 of this rule may be chosen provided that such

control measure is im plemented to comply with the requirements of this rule. (4) If complying with Section 305.7(e) of this rule, the Dust

Control Plan must include the maximum number of vehicle trips on t he unpaved haul/access roads each day (including number of employee vehicles, earthmoving equipment, haul trucks, and water trucks).

d. Dust suppressants to be ap plied, i ncluding al l of t he following product specifications or label instructions for approved usage: (1) Method, frequency, and intensity of application; (2) Type, number, and capacity of application equipment;

and (3) Information on env ironmental impacts and appr ovals or certifications related to appropriate and s afe use for ground application.

e. Specific s urface treatment(s) and/ or c ontrol measures

utilized to control material trackout and sedimentation where unpaved roads and/or access points join areas accessible to the public.

402.4 The C ontrol O fficer shall appr ove, di sapprove, or conditionally approve the Dust Control Plan, in accordance

with the criteria used to approve, disapprove or conditionally approve a per mit, a s des cribed i n R ule 200: P ermit Requirements of these rules.

402.5 For construction projects one acre or larger, except for textures on

- site, from installing a project information sign,

and from keeping an 81⁄2”x11” site drawing.

In Rule 310 ( adopted 20 10), Section 402.6 is the same as

Section 303.3 in SIP

- approved Rule 310 (adopted 2004).

Section 303.4 in SIP

- approved Rule 310 ( adopted 2004) is addressed in Rule 310 (adopted 2010), Section 1 03.4

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

routine m aintenance and r epair done under a D ust Control Block P ermit, a s tatement di sclosing w hich of the f our designated t exture(s) of s oil de scribed i n A ppendix F of these rules is naturally present at or will be i mported to the

dust

- generating oper ation. The measured s oil content a t a particular s ite shall t ake pr ecedence over any m apped s oil types, and w henever soils have been t ested at a par ticular site, the test results should be relied on rather than the map in Appendix F of these rules.

402.6 Should any pr imary c ontrol measure(s) pr ove ineffective, the ow ner and/ or o perator s hall i mmediately implement the contingency c ontrol m easure(s). If t he identified contingency control measure is effective to comply with al l of t he r equirements of this r ule, t he ow ner and/ or operator need not revise the Dust Control Plan.

51. 304 ELEMENTS OF A DUST CONTROL PLAN: A D ust Control P lan s hall contain, at a minimum, al l o f the following

information:

304.1 Name(s), address(es), and phone numbers of person(s) responsible f or t he submittal and i mplementation of t he D ust Control Plan and responsible for the dust generating operation.

304.2 A drawing, on 81⁄2” x 11” paper, that shows:

a . Entire project site/facility boundaries,

b . Acres t o be disturbed with linear dimensions,

c . Nearest public roads,

d . North arrow, and

e . P lanned exit l ocations ont o paved ar eas ac cessible t o t he public.

304.3 Control m easures, or a combination t hereof, t o be applied to all actual and pot ential dust generating operations, before, af ter, and w hile c onducting any dus t gener ating operation, including during weekends, after work hours, and on holidays.

a . All required control measures from Tables 1

- 21 and at least one contingency control measure must be identified, for all dust gener ating oper ations. Should any pr imary c ontrol measure(s) prove ineffective, the owner and/or operator shall immediately implement the contingency control measure(s). If the identified contingency control measure(s) is effective to

c omply with all of the requirements of this rule, the owner and/or oper ator need not r evise t he Dust Control P lan under

Section 305 of this rule.

b . A lternatively, a c ontrol measure(s) t hat i s not l isted i n

Tables 1

- 21 of t his r ule m ay be c hosen, pr ovided that s uch control measure(s) i s i mplemented t o c omply w ith t he standard(s) described in Section 301 and S ection 302 of this rule, as det ermined by t he c orresponding t est method(s), as applicable, and meets other applicable standard(s) set forth in

this rul e.

c . I f complying w ith S ection 302. 2(b) ( Stabilization Requirements F or F ugitive D ust S ources

- Unpaved 402 DUST CONTROL PLAN REQUIREMENTS:

402.2 The ow ner and/ or ope rator of a dus t

- generating operation shall submit to the Control Officer a D ust Control Plan w ith any appl ication f or a D ust C ontrol per mit. Applicants shall describe, in a D ust Control Plan, all control measures t o be i mplemented before, af ter, and w hile conducting any dus t -g enerating o peration, i ncluding dur ing weekends, after work hours, and on holidays.

402.3 A Dust Control Plan shall, at a minimum, contain all of the following information:

a. Name(s), addr ess(es), and ph one num bers of person(s) responsible for the submittal and implementation of the Dust Control P lan and r esponsible f or t he dus t

- generating operation.

b. A drawing, on 81⁄2” x 11” paper, that shows: (1) Entire pr oject s ite/facility boundar ies, including boundaries of areas to be disturbed if less than entire pr oject site/facility boundaries, (2) Acres to be di sturbed w ith l inear di mensions or certification by a l icensed engineer or surveyor showing the total square footage to be disturbed, (3) Nearest public roads, (4) North arrow, (5) Planned ex it l ocations on to ar eas ac cessible to t he public, and (6) Unpaved parking lot(s).

c. Appropriate c ontrol measures, or a c ombination t hereof, as described in Sections 305 and 306 of this rule, for every actual and potential dust

- generating operation. (1) Control measures m ust be implemented before, after, and w hile c onducting any dus t

- generating oper ation, including dur ing w eekends, a fter w ork hour s, and on holidays. (2) All required control measures and at least one contingency control measure must be i dentified for all du st

generating operations. In R ule 310 (adopted 2010 ), S ection s 402. 2

- 402.6 are the

same as Section 304 i n SIP

- approved R ule 310 ( adopted 2004). In addition, Rule 310 (adopted 2010) includes the following clarifications:

• Boundaries of areas to be disturbed if less than entire project site/facility boundaries must be included in the drawing. • C ertification by a l icensed engi neer or s urveyor s howing the total square footage to be di sturbed can be i ncluded in the drawing. • Unpaved parking lot(s) must be included in the drawing.

• The Control Officer shall approve, disapprove, or conditionally approve the Dust Control Plan, in a ccordance with the criteria used to approve, disapprove or conditionally approve a per mit, a s des cribed i n R ule 200: P ermit Requirements of these rules.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

Haul/Access Road) of this r ule, the D ust Control P lan must include the maximum number of vehicle trips on t he unpaved haul/access r oads eac h day ( including nu mber of e mployee vehicles, ear thmoving equi pment, haul t rucks, and w ater trucks).

304.4 Dust suppressants to be applied, including all of the following product specifications or label i nstructions f or approved usage:

a . Method, frequency, and intensity of application;

b . Type, number, and capacity of application equipment; and

c . I nformation on env ironmental i mpacts and appr ovals or certifications related to appropriate and s afe use for gr ound application.

304.5 Specific s urface t reatment(s) and/or control m easures

utilized t o c ontrol material t rackout and s edimentation w here unpaved and/or access points join paved areas accessible to the public.

304.6 For construction projects one acre or larger, except for routine maintenance and r epair done under a block permit, a statement disclosing which of the four designated texture(s) of soil described in Appendix F of these rules is naturally present at or w ill be i mported t o the dus t gener ating oper ation. The measured s oil c ontent at a par ticular site shall take precedence over any mapped s oil t ypes, and w henever s oils have been tested at a particular site, the test results should be relied on rather than the map in Appendix F. (3) A control measure that is not listed in Section 305 or in Section 306 of this rule may be chosen provided that such control measure is implemented to comply with the requirements of this rule. (4) If complying with Section 305.7(e) of this rule, the Dust

Control Plan must include the maximum number of vehicle trips on t he unpaved haul/access roads each day (including number of employee vehicles, earthmoving equipment, haul trucks, and water trucks).

d. Dust s uppressants t o be a pplied, i ncluding al l of t he following product specifications or label instructions for approved usage: (1) Method, frequency, and intensity of application; (2) Type, number, and capacity of application equipment;

and (3) Information on env ironmental impacts and appr ovals or certifications related to appropriate and s afe use for ground application.

e. Specific s urface treatment(s) and/ or c ontrol measures

utilized to control material trackout and sedimentation where unpaved roads and/or access points join ar eas accessible to the public.

402.4 The C ontrol O fficer shall appr ove, di sapprove, or conditionally approve the Dust Control Plan, in accordance with the criteria used to approve, disapprove or conditionally approve a per mit, a s des cribed i n R ule 200: P erm it Requirements of these rules.

402.5 For construction projects one acre or larger, except for routine m aintenance and r epair done under a D ust Control Block Permit, a statement di sclosing which of t he f our designated t exture(s) of s oil de scribed i n A ppendix F of these rules is naturally present at or will be i mported to the

dust

- generating oper ation. The measured s oil content a t a particular s ite shall t ake pr ecedence ov er any m apped s oil types, and w henever soils have been t ested at a par ticular site, th e test results should be relied on rather than the map in Appendix F of these rules.

402.6 Should any pr imary c ontrol measure(s) pr ove ineffective, the ow ner and/ or o perator s hall i mmediately implement the contingency c ontrol m easure(s). If t he

identified contingency control measure is effective to comply with al l of t he r equirements of this r ule, t he ow ner and/ or operator need not revise the Dust Control Plan.

52. 305 DUST CONTROL PLAN REVISIONS:

305.1 If the Control Officer determines that an appr oved Dust Control Plan has been followed, yet fugitive dust emissions from any du st gener ating oper ation s till ex ceed standards i n Section 301 and Section 302 of this rule, then the Control Officer shall issue a written notice to the owner and/or operator of t he dus t gener ating o peration ex plaining s uch

determination. 403 DUST CONTROL PLAN REVISIONS:

403.1 If Required by the Control Officer:

a. If the Control O fficer det ermines t hat an appr oved D ust Control Plan has been f ollowed, yet fugitive dust emissions from any dus t

- generating oper ation s till ex ceed t he standards of this rule, then the Control Officer shall issue a written not ice t o the ow ner and /or oper ator of t he dus t

generating operation explaining such determination. In R ule 310 (adopted 2010), S ection 403 is the same as

Section 305 i n SIP

- approved R ule 310 ( adopted 2004) .

However , Rule 310 (adopted 2010), Section 403 includes

additional provisions regarding Dust Control Plan revisions if requested by the permittee and if Rule 310 is revised.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (ado pted 2004).A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

305.2 The ow ner and/ or ope rator of a dus t gener ating operation shall make written revisions to the Dust Control Plan

and shall submit such revised Dust Control Plan to the Control Officer w ithin t hree w orking day s of r eceipt of t he C ontrol Officer’s written notice, unless such time period is extended by the Control Officer, upon r equest, for good c ause. During the

time that such owner and/or operator is preparing revisions to the appr oved Dust Control P lan, s uch owner and/ or ope rator must still comply with all requirements of this rule. b. The owner and/or operator of a dust

- generating operation

shall make w ritten r evisions to t he D ust C ontrol P lan and

shall submit such revised Dust Control Plan to the Control

Off icer w ithin t hree w orking day s of r eceipt o f t he C ontrol Officer’s written notice, unless such time period is extended by the Control Officer, upon request, for good cause. During the time that such ow ner and/ or oper ator i s pr eparing revisions to t he appro ved Dust Control Plan, such owner and/or operator must s till comply with al l requirements of

this rule.

403.2 If Requested by the Permittee:

a. If the ac reage of a pr oject changes, t he ow ner and/ or operator s hall r equest a D ust C ontrol P lan r evision. Such

Dust Control Plan revision shall be filed in the manner and form prescribed by the Control Officer.

b. If the permit holder changes, the owner and/or operator shall r equest a Dust C ontrol Plan r evision. Such D ust

Control Plan revision shall be f iled in the manner and f orm prescribed by the Control Officer.

c. If t he na me(s), addr ess(es), or phone num bers of person(s) responsible for the submittal and i mplementation of t he D ust C ontrol Plan and r esponsible for t he dus t

generating oper ation c hange, t he o wner and/or oper ator shall r equest a Dust C ontrol Plan r evision. Such D ust

Control Plan revision shall be f iled in the manner and f orm prescribed by the Control Officer.

d. If the activities related to the purposes for which the Dust Control per mit w as obt ained change, t he ow ner and/ or operator s hall r equest a D ust C ontrol P lan r evision. Such

Dust Control Plan revision shall be filed in the manner and form prescribed by the Control Officer.

403.3 If Rule 310 is Revised:

a. If any changes to a Dust Control Plan are necessary as a result of the most recent revisions of this rule, such changes to t he D ust C ontrol Plan s hall not be r equired unt il t he associated Dust Control permit is required to be renewed.

b. If any changes to a D ust Control Plan associated with a

T itle V permit or with a Non

- Title V permit are necessary as a r esult of t he most r ecent r evisions of this r ule, t hen the owner and/ or oper ator s hall s ubmit a r evised D ust C ontrol Plan t o t he C ontrol O fficer, ac cording t o t he m inor per mit revision procedures described in Rule 210 or in Rule 220 of these r ules r espectively, no l ater than s ix m onths af ter t he

effective date of the most recent revisions to this rule.

53. 306 CONTROL MEASURES:

306.1 The ow ner and/ or ope rator of a dus t gener ating operation shall implement control measures before, after, and while conducting operations, including during weekends, after work hours, and on holidays, in accordance with Section 304.3

and Tables 1

- 21 of this rule.

306.2 For the purpose of this rule, any control measure that is 301 GENERAL REQUIREMENTS FOR DUST

GENERATING OPERATIONS:

301.1 Any per son engaged i n a dus t

- generating oper ation subject to this rule shall be subject to the standards and/or requirements of this rule before, after, and while con ducting

such dust

- generating operation, including during weekends, after work hours, and on holidays. In R ule 310 (adopted 2010), S ection 301 is the same as

Section 306 in SIP

- ap proved Rule 310 (adopted 2004).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

implemented must achieve the applicable standard(s) described in Sections 301 and 30 2 of this rule, as determined by the corresponding test method(s), as applicable, and m ust achieve other applicable standard(s) set forth in this rule.

306.3 Failure to comply with the provisions of Section 308 o f this r ule, a s appl icable, and/ or o f an appr oved D ust C ontrol Plan, is deemed a violation of t his rule.

306.4 Regardless of whether a dus t generating operation is in compliance with an approved Dust Control Plan, or there is no approved Dust C ontrol P lan, t he o wner and/or oper ator of a dust gener ating oper ation is still subject t o all r equirement o f

this rule at all times. 301.2 For the purpose of this rule, any control measure that is implemented m ust achieve t he applicable s tandard(s) described in this rule, as determined by the corresponding test method(s), a s appl icable, an d must ac hieve o ther ap plicable standard(s) set forth in this rule.

301.3 Regardless of whether a dust

- generating operation is in compliance with an approved Dust Control Plan or there is no approved D ust Control P lan, the owner and/ or oper ator of a

dust

- generating operation shall be subject to all requirements

of this rule at all times.

301.4 Failure t o c omply with t he provisions of t his r ule, as applicable, and/ or of an appr oved D ust C ontrol P lan, s hal l

constitute a violation.

54. 307 PROJECT INFORMATION SIGN: Fo r all sites with an earthmoving permit that are five acres or larger, except for routine maintenance and repair done under a block permit, the owner and/ or operator s hall er ect and m aintain a pr oject information sign at the main entrance, that is readable by the public . Such sign shall have a w hite background, have bl ack block l ettering t hat i s at l east f our i nches hi gh, and s hall contain at least all of the following information:

307.1 Project name and permit holder,

307.2 Earthmoving Permit number,

307.3 Name and phone nu mber of per son(s) r esponsible for conducting the project, and

307.4 Text s tating: “ Dust C omplaints? C all M aricopa C ounty Environmental S ervices D epartment ( insert t he current/accurate phone number for the complaint phone line).” 308 PROJE CT INFORMATION SIGN FOR DUST

GENERATING OPERATIONS : For al l s ites w ith a D ust Control permit that are five acres or larger, except for routine maintenance and r epair done un der a D ust C ontrol B lock permit, the owner and/or operator shall erect and maintain a project information s ign at t he main entrance s uch t hat members of the public can easily view and r ead the sign at

all t imes. Such s ign shall hav e a w hite bac kground, hav e black bl ock l ettering t hat i s at l east f our i nches hi gh, and shall contain at least all of the following information:

308.1 Project name and permittee’s name;

308.2 Current Dust Control permit number;

308.3 Name and l ocal phone num ber of per son(s) responsible for dust control matters;

308.4 Text stating: “Dust complaints? Call Maricopa County Air Q uality D epartment

– (Insert t he a ccurate M aricopa County A ir Q uality D epartment complaint l ine t elephone number).” In R ule 310 (adopted 2010), S ection 308 is the same as

Section 307 i n SIP

- approved R ule 310 ( adopted 2004) . However, R ule 310 (adopted 2010), Section 308 includes the following clarifications:

• “Dust c ontrol per mit” i s required instead of “ earthmoving permit”

. • “S uch that members of the public can easily view and read the sign at all t imes ” is used instead of “ readable by the pub lic”

. • “Permittee’s name” is required instead of “permit holder” • “Current dust control permit number” is required instead of “earthmoving permit number”

. • “ Local phone nu mber of per son(s) r esponsible f or du st

control matters” is required instead of “ phone num ber of person(s) responsible for conducting the project”

. • “ Maricopa C ounty A ir Q uality D epartment” i s required instead o f “ Maricopa C ounty E nvironmental S ervices Department”

.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopt ed 2004).

55. 308 WORK PRACTICES: When engaged i n t he f ollowing specific ac tivities, the ow ner and/or oper ator of a dus t generating oper ation s hall comply w ith t he f ollowing work practices in addition to implementing, as applicable, the control

measures described in Tables 1

- 21 of this rule.

308.1 Bulk Material Hauling Off

- Site Onto Paved Areas

Accessible to the Public: Notwithstanding ot her sections o f this r ule, t he ow ner and/ or ope rator of a dus t gener ating operation and t he owner and/or operator of a haul truck shall do all of the following:

a. Load all haul trucks such that the freeboard is not less than three inches;

b. Prevent spillage or loss of bulk material from holes or other openings in the cargo compartment’s floor, sides, and/or tailgate(s);

c. Cover al l haul t rucks with a t arp or ot her s uitable c losure;

and 305 CONTROL MEASURES FOR DUST

- GENERATING

OPERATIONS: When engage d i n a dus t

- generating operation, the owner and/or oper ator shall install, maintain, and use control measures, as applicable. Control measures for specific dust

- gene rating operations are described in Sections 305. 1 t hrough 305. 12 of t his r ule. T he ow ner and/or oper ator of a dus t

- generating oper ation s hall implement control measures before, after, and while conducting dus t

- generating ope rations, i ncluding dur ing

weeken ds, af ter work hour s, and on hol idays. At l east one primary c ontrol measure and one c ontingency c ontrol

measure must be i dentified in the Dust Control Plan for all

dust

- generating sources.

305.1 Off

- Site Hauling onto Areas Accessible to the

Public : T he ow ner and/ or oper ator of a dus t

- generating operation t hat i nvolves of f

- site h auling s hall i mplement the following control measures: In R ule 310 (adopted 2010), S ection 305 is the same as

Section 308 in SIP -a pproved Rule 310 (adopted 2004). Rule 310 (adopted 2010), Section 305 is a combination of

Sections 306 and 308 and T ables 1

- 21 i n S IP

- approved Rule 310 ( adopted 2004). Some additional requirements in Rule 310 ( adopted 20 10), S ection 305 that w ere not

included in SIP

- approved Rule 310 (adopted 2004) includ e:

• Load all haul trucks such that at no t ime shall the highest point of the bulk material be higher than the sides, front, and back of the cargo container area.

• When off

- site hauling, install, maintain, and us e a suitable trackout control device that p revent s trackout.

• When hauling on

- site within the boundaries of t he w ork site, l imit v ehicle speed t o 15 miles per hour or l ess while traveling on the work site, apply water to the top of the load, or cover haul trucks with a tarp or other suitable closu re.

• Immediately c lean

- up trackout w hen i t ex tends aA. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

d. Before t he e mpty haul truck l eaves t he s ite, clean t he interior of t he cargo compartment or cover t he c argo compartment. 308.2 Bulk Material Hauling On

- Site Within the

Boundaries of Th e Work Site: When crossing a pav ed area accessible to the public w hile construction is under way, t he owner and/or operator of a dus t generating operation shall do all of the following:

a. Load all haul trucks such that the freeboard is not less than three inches;

b. Prevent spillage or loss of bulk material from holes or other openings in the cargo compartment’s floor, sides, and/or tailgate(s); and

c. Install a s uitable t rackout control dev ice t hat controls and prevents trackout and/or removes particulate matter from tires

and the exterior surfaces of haul trucks and/or motor vehicles that t raverse such w ork s ite. E xamples of trackout control

devices are described in Table 17 of this rule.

308.3 Trackout, Carry

- Out, Spillage, and/or Erosion : The owner and/or operator of a dus t generating operation shall do all of the following:

a. Install, maintain and us e a s uitable trackout control device (examples of trackout c ontrol dev ices ar e des cribed i n Table

17
– Trackout Control of this rule) that controls and pr ev ents trackout and/or removes particulate matter from tires and t he

exterior s urfaces of haul t rucks and/ or m otor v ehicles t hat traverse s uch oper ation at al l ex its ont o pav ed ar eas accessible to the public from both of the following: (1) All work sites wit h a disturbed surface area of two acres or larger, and (2) All work sites where 100 c ubic yards of bulk materials are

hauled on

- site and/or off

- site per day.

b. Clean up, t rackout, c arry

- out, s pillage, and/ or er osion, on the following time

- schedule: (1) Im mediately, when trackout, carry

- out, or spillage extends a cumulative distance of 50 linear feet or more; and (2) At the end of the workday, for all other trackout, carry

- out, spillage, and/or erosion. 308.4 Unpaved Haul/Access Roads: The ow ner and/ or

oper ator of a dust generating operation shall implement one or more c ontrol measure(s) des cribed i n T able 3 of t his r ule, before using or maintaining unpaved haul/access roads.

308.5 Easements, Rights

- Of

- Way, and Access Roads for Utilities (Electricity, Natur al Gas, Oil, Water, and Gas Transmission) Associated with Sources that have a Non

Title V Permit, a Title V Permit, and/or a General Permit

under These Rules : The ow ner and/ or operator of a dus t generating operation shall do at least one of the following:

a. Inside the PM 10 nonattainment area, restrict vehicular speeds t o 15 miles per hour an d v ehicular t rips t o no m ore than 20 per day per road; a. When cargo compartment is loaded: (1) Load al l haul trucks such t hat t he freeboard i s not less than three inches; (2) Load all haul trucks such that at no time shall the highest point of the bulk material be higher than the sides, front, and back of a cargo container area; (3) Prevent s pillage or l oss of b ulk material f rom hol es or other openings in t he c argo compartment’s f loo r, s ides, and/or tailgate(s); and (4) Cover t he c argo c ompartment w ith a t arp or ot her

suitable closure.

b. When cargo compartment is empty: (1) Clean the interior of the cargo compartment; or (2) Cover t he c argo c ompartment w ith a t arp or ot her

suitable c losure.

c. When off

- site hauling, install, maintain, and use a suitable trackout control dev ice that c ontrols and pr events trackout and/or removes particulate matter from tires and the exterior

surfaces o f haul t rucks and/ or motor v ehicles that traverse

th e site.

305.3 Bulk Material Hauling/Transporting When On

- Site Hauling/Transporting Within the Boundaries of the Work Site and Crossing and/or Accessing an Area Accessible

to the Public: The owner and/or operator of a dust

generating oper ation t hat i nvolves bulk m aterial hauling/transporting w hen on

- site haul ing/ t ransporting within t he boundar ies of t he work site and c rossing and/ or accessing an ar ea accessible to the public shall implement all of the following control measures:

a. Load al l haul t rucks such that t he f reeboard i s no t l ess than three inches;

b. Load all haul trucks such that at no time shall the highest point of the bulk material be higher than the sides, front, and back of a cargo container area;

c. Prevent spillage or loss of bulk material from holes or other openi ngs i n the cargo c ompartment’s floor, s ides, and/or tailgate(s); and

d. When crossing and/ or ac cessing an ar ea ac cessible t o the publ ic, install, maintain, and us e a s uitable trackout control dev ice t hat c ontrols and pr events t rackout and/ or removes par ticulate matter f rom t ires and the ex terior

surfaces o f haul t rucks and/ or motor v ehicles that traverse

the site.

306 TRACKOUT, CARRY

- OUT, SPILLAGE, AND/OR

EROSION: The owner and/or operator of a dus t

- generating operation s hall pr event and c ontrol t rackout, carry

- out, spillage, and/or erosion.

306.1 Trackout Control Device:

a. Criterion for Trackout Control Device : Install, maintain and use a suitable trackout control device that prevents and controls t rackout and/ or r emoves par ticulate matter f rom cumulative distance of 25 linear feet or more.

• When limiting vehicle trips to no more than 20 per day per road and l imiting vehicle s peeds to no more than 15 miles per hour , pr ovide t he m aximum number of vehicle t rips on the unpaved haul/access roads each day and a description of how vehicle speeds will be restricted.

• Limit vehicle speed to 15 miles per hour or less inside Area A and limit vehicle trips to no more than 20 per day per road outside of Area A for easements, rights

- of

- way, and access

roads for utilities.

• Unless a soil crust i s maintained, oper ate a w ater application system on

- site (e.g., water truck, water hose) while c onducting any ear thmoving oper ations on di sturbed surface areas 1 acre or larger.

Also, in Rule 310 (adopted 2010), moved the general requirements for c ontrol measures to Section 301 and retained Section 305 requirements by addressing specific control measures. General requirements for dust

- generating operations ar e i ntended t o c larify t he dut ies t o w hich an owner and/or operator must comply and to distinguish between control measures, stabilization standards, and t est

methods. Rule 310 (adopted 2010), Section 305 includes the following addi tional and/or more stringent con trol

measures:

• Prior to stacking, loading, and unloading bulk material, mix material with water or a dust suppressant other than water.

• Maintain a v isible crust on an open s torage pile when not conducting stacking, loading, and unloading operations.

• Pre

- water and m aintain surface s oils i n a stabilized condition where support equipment and vehicles will operate when conducting blasting operations; Did not include the

control m easure
- discontinue/cease bl asting i n wind gus ts above 25 miles per hour - a s was included in Rule 310 (adopted 2008) , bec ause t his r equirement is i ncluded i n Section 303.2(a)(2)
– if wind conditions cause fugitive dust emissions t o ex ceed 20% opa city, c ease dus t

- generating operations and stabilize any disturbed surface area.

In Rule 310 ( adopted 20 10), Section 305.1 is the same as

Section 308. 1 and T able 15 i n SIP

- approved R ule 310 (adopted 2004) . H owever, i n R ule 31 0 ( adopted 2010) , Section 305. 1, add s a r equirement t o i nstall, maintain, and

use a trackout control device and add s an additional control

measure – load all haul trucks such that at no time shall the highest point of the bulk material be hi gher than the sides, front, and back of a cargo container area

.

In Rule 310 ( adopted 20 10), Section 305.3 is the same as

Section 308.2 in SIP

- approved Rule 310 (adopted 2004). However, in Rule 310 ( adopted 2 010), Section 305. 3 add sA. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

b. Outside the PM 10 nonattainment area, restrict vehicular trips to no more than 20 per day per road; or

c. Imp lement control measures, as de scribed i n T able 3
– Unpaved Haul/Access Roads of this rule.

308.6 Open Storage Piles : F or the pur pose of t his r ule, an open storage pile is any accumulation of bulk material with a 5% or greater silt content which in any one point attains a height of three feet and covers a total surface area of 150 square feet or more. Silt content shall be assumed to be 5% or greater unl ess a per son can s how, by t esting i n ac cordance

with A STM M ethod C 136

- 96A or ot her equi valent m ethod

appro ved i n writing by t he C ontrol O fficer and t he Administrator of EPA, that the silt content is less than 5%. The owner and/or operator of such dust generating operation shall comply with all of the following:

a. Prior t o and/ or w hile c onducting s tacking, l oading, and unloading oper ations, c omply w ith one of t he f ollowing work practices: (1) Spray material with water, as necessary; or (2) Spray material with a dust suppressant other than water, as

necessary. b. When not conducting s tacking, l oading, and unl oad ing operations, comply with one of the following work practices: (1) Cover open s torage pi les w ith t arps, pl astic, or ot her material to prevent wind from removing the coverings; (2) Apply w ater t o maintain a soil moisture content a t a minimum of 12%, as determined by ASTM Method D2216

- 98, or ot her equi valent methods appr oved by t he C ontrol O fficer and the Administrator of EPA. For areas that have an optimum moisture c ontent f or c ompaction of l ess t han 12% , as determined by A STM M ethod D1557

- 91 ( 1998) or ot h er equivalent methods appr oved by t he C ontrol O fficer and the Administrator of E PA, maintain a t l east 70% of t he opt imum soil moisture content; (3) Meet one of the stabilization r equirements des cribed i n Section 302.3 of this rule; or (4) Construct and m ai ntain w ind bar riers, s torage s ilos, or a

three

- sided enclosure with walls, whose length is no l ess than equal to the length of the pile, whose distance from the pile is no more than twice the height of the pile, whose height is equal t o the pi le height, an d whose por osity is no more than 50%. If i mplementing t his subsection, the ow ner and/ or operator m ust al so i mplement ei ther S ection 308. 6(b)(2) or Section 308.6(b)(3) above.

308.7 Soil Moisture: If water is the chosen control measure in an approved Dust Control Plan, the owner and/or operator of a dust gener ating oper ation shall operate a w ater appl ication system on

- site (e.g., water truck, water hose) while conducting any earthmoving operations on disturbed surface areas 1 acre or larger, unless a visible crust is maintained or the soil is sufficiently damp to prevent loose grains of soil from becoming tires and t he ex terior s urfaces of haul t rucks and /or motor vehicles that traverse the site at all exits onto paved areas accessible to the public from both of the following: (1) All work sites with a di sturbed surface area of two acres or larger, and (2) All w ork s ites w here 100 c ubic y ards of bul k materials

are hauled on

- site and/or off

- site per day.

b. Control Measures: For t hose work s ites i dentified i n Section 306. 1(a) of t his r ule, pr event t rackout, carry

- out, spillage, and/or erosion by implementing one of the following

control measures: (1) At al l e xits ont o pav ed ar eas ac cessible t o t he publ ic, install a wheel wash system; (2) At al l e xits ont o pav ed ar eas ac cessible t o t he publ ic, install a gravel pad to comply with Section 217 of this rule; (3) At al l e xits ont o pav ed ar eas ac cessible t o t he publ ic, install a gr izzly or r umble gr ate t hat c onsists o f r aised dividers (rails, pipes, or grates) a m inimum of three inches tall, six inches apart, and 20 feet long, to allow a vibration to be p roduced s uch t hat dus t i s s haken of f t he w heels of a

vehicle as the entire circumference of each wheel of the vehicle passes over the grizzly or rumble grate; or (4) Pave starting from the point of intersection with a pav ed area accessible to the public and extending for a c enterline

distance of at least 100 feet and a width of at least 20 feet.

306.2 Clean Up of Trackout:

a. Criterion for Clean Up of Trackout: Clean up, trackout,

carry

- out, spillage, and/or erosion from paved areas accessible t o t he publ ic including c urbs, gut ters, and sidewalks, on the following time

- schedule: (1) Immediately, w hen t rackout, carry

- out, or s pillage extends a cumulative distance of 25 linear feet or more; and (2) At t he end of t he workday, f or al l ot her t rackout, carry

out, spillage, and/or erosion.

b. Control Measures: (1) Operate a s treet s weeper or w et br oom w ith s ufficient water, i ncluding but not l imited t o k ick br oom, s teel br istle broom, Teflon broom, vacuum, at the speed recommended by the manufacturer and at the frequency(ies) described in this section of this rule; or (2) Manually sweep up deposits to comply with this section

of this rule.

305.7 Unpaved Haul/Access Roads : T he ow ner and/ or operator of a dust

- generating oper ation that involves unpaved haul/access roads shall implement one or more of the following control measures:

a. Apply water so that the surface is visibly moist;

b. Pave;

c. Apply and m aintain gr avel, r ecycled as phalt, or ot her suitable material;

d. Apply and maintain a suitable dus t suppressant ot h er an additional control measure

– load all haul trucks such that at no t ime shall the highest point of the bulk material be higher than the sides, front, and back of a c argo container

area

.

In R ule 310 (adopted 2010), S ection 306 is the same as

Section 308.3 in SIP

- approved Rule 310 (adopted 2004). However, in Rule 310 (adopted 2010), Section 306 i ncludes the following revised or additional provisions:

• “ I mmediately c lean up t rackout w hen i t ex tends a cumulative distance of 25 l inear feet or m ore onto an ar ea accessible t o t he publ ic i ncluding c urbs, gut ters, and sidewalks” i s r equired i nstead of “ immediately cleaning up

trackout when it exceeds 50 feet”.

• “At al l e xits ont o ar eas ac cessible t o t he publ ic, i nstall a wheel wash system” and “ at all exits onto areas accessible to t he public, install a grizzly or r umble gr ate” is r equired instead of “at all access points, install a grizzly or wheel wash system”

. • “ Operate a s treet sweeper...or manually s weep up deposits...” is required.

In Rule 310 ( adopted 20 10), Section 305.7 is the same as

Section 308.4 in SIP

- approved Rule 310 (adopted 2004). However, in Rule 310 (adopted 2010), Section 305.7 add s a provision that the owner and/or operator shall provide to the Control Officer the maximum number of vehicle trips on t he unpaved haul /access r oads eac h day (including num ber of employee vehicles, earthmoving equipment, haul trucks, and water trucks) and a description of how vehicle speeds will be restricted to no more than 15 miles per hour.

In Rule 310 ( adopted 2010), Section 305.12 is the same as

Section 308.5 in SIP

- approved Rule 310 (adopted 2004). However, in Rule 310 (adopted 2010), Section 305.12 refers

to “A rea A” instead of “PM 10 nonattainment area”.

In Rule 310 ( adopted 20 10), Section 305.5 is the same as

Section 308.6 in SIP

- approved Rule 310 (adopted 2004). However, t he depar tment w as as ked t o clarify t he phr ase “as nec essary”, as it is used i n Rule 310 regarding c ontrol measures for bulk material stacking, loading and unl oading operations, open storage piles, and disturbed surface areas. The c oncern w as t hat t he phr ase l acks s pecificity

. The department considered the issues, reviewed Clark County’s

Dust Control Handbook and Section 94 and S outh Coast’s

Best A vailable C ontrol M easures f or c onstruction ac tivities as described in Rule 403, and del eted “as necessary” from

Rule 310 (adopted 2010) , S ections 305. 4(a), 305. 4(b), 305.5(a)(1), 305. 5(a)(2), 305. 11(b)(1), and 305. 11(b)(2). I n its pl ace, t he depar tment added t he phr ases ( as controlA. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

dislodged. 308.8 Weed Abatement By Discing Or Blading: The owner and/or operator of a dus t generating operation shall comply with all of the following during weed abatement procedures by discing or blading:

a. Apply water bef ore weed abat ement by di scing or bl ading occurs; and

b. Apply water while weed abatement by discing or blading is occurring; and

c. Either: (1) Pave, appl y gr avel, appl y w ater, or appl y a s uitable dust suppressant, i n compliance w ith S ection 302. 3 o f t his r ule, after weed abatement by discing or blading occurs; or (2) Establish vegetative ground cover in sufficient quantity, in compliance w ith S ection 302. 3 of t his r ule, a fter w eed

abatem ent by discing or blading. than water; or

e. Limit v ehicle trips t o no more than 20 per day per r oad and limit vehicle speeds to no more than 15 miles per hour. If complying with this section of this rule, the owner and/or operator s hall pr ovide t o t he C ontrol O fficer the maximum number of v ehicle t rips on t he unpav ed haul /access r oads each day ( including nu mber of e mployee v ehicles, earthmoving equipment, haul trucks, and water trucks) and a description of how v ehicle speeds will be restricted to no more than 15 miles per hour.

3 05.12 Easements, Rights

- of

- Way, and Access Roads for Utilities (Transmission of Electricity, Natural Gas, Oil, Water, and Gas) Associated With Sources That Have

a Non

- Title V Permit, a Title V Permit, and/or a General

Permit Under These Rules: The owner an d/or operator of a

dust

- generating operation that involves an eas ement, right

of

- way, and ac cess r oad f or ut ilities ( transmission of electricity, nat ural gas, oi l, water, and gas ) associated with sources that have a Title V permit, a Non

- Title V permit,

an d/or a G eneral permit under t hese r ules s hall implement at least one of the following control measures:

a. Inside Area A, limit vehicle speed to 15 miles per hour or less and vehicle trips to no more than 20 per day per road;

b. Outside Area A, limit vehicle trips to no more than 20 per day per road; or

c. Implement c ontrol m easures described in S ection 305.7

of this rule.

305.5 Open Storage Piles : The owner and/or operator of a

dust

- generating operation that involves an open storage pile shall i mplement on e of t he following c ontrol m easures, as applicable, when not conducting stacking, loading, and unloading operations:

a. Cover all open s torage piles with a t arp, plastic, or other material to prevent wind from removing the covering(s) such

that the coverin g(s) will not be dislodged by wind; or

b. Apply w ater t o m aintain a s oil moisture c ontent at a minimum of 12%, as determined by ASTM Method D2216

- 05 or other equivalent methods approved by the Control

Officer and the Administrator. For areas that have an

o ptimum moisture content for compaction of less than 12%, as determined by ASTM Method D1557

- 02e1 or other equivalent methods approved by the Control Officer and the Administrator, maintain at least 70% of the optimum soil moisture content; or

c. Maintain a visible crust; or

d. Implement the c ontrol m easure described in S ection 305.5(b) or in Section 305.5(c) of this rule and construct and maintain w ind bar riers, storage s ilos, or a t hree

- sided enclosure with walls, whose length is no l ess than equal to

the length of t he pi le, w hose di stance f rom the pi le i s no more than twice the height of the pile, whose height is equal measures for “prior to” stacking, loading, and unloading):

“mix material w ith w ater or mix m aterial w ith a dus t suppressant other than water”. Also, the department added

the phrase (as a control measure for “while disturbed surfaces are being created”): “to keep the soil visibly moist throughout the process.”

In R ule 310 (adopted 2010), S ection 307 is the same as

Section 308.7 in SIP

- approved Rule 310 (adopted 2004).

In Rule 310 ( adopted 20 10), Section 305.8 is the same as

308.8 in SIP

- approved Rule 310 (adopted 2004).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

to the pile height, and whose porosity is no more than 50%.

307 SOIL MOISTURE: If water is the chosen control measure i n an appr oved D ust Control P lan, the ow ner and/or operator of a dust

- generating operation shall operate a water appl ication system on

- site ( e.g., water t ruck, water hose) while conducting any earth moving operations on disturbed surface areas 1 acre or larger, unless a visibl e crust is maintained or the soil is sufficiently damp to prevent loose grains of soil from becoming dislodged.

305.8 Weed Abatement by Discing or Blading: The owner and/or operator of a dus t

- generating operation that involves weed abatement by discing or blading shall comply with all of the following control measures:

a. Before w eed abat ement by di scing or bl ading oc curs, apply water;

b. While weed abatement by discing or blading is occurring, apply water; and

c. After weed abatement by discing or blading occurs, pave, apply gravel, apply water, apply a suitable dust suppressant other than water, or establish vegetative ground cover.

56. 309 DUST CONTROL TRAINING CLASSES FOR DUST

- GENERATING OPERATIONS:

309 .1 Basic Dust Control Training Class:

a. At least once every three years, the persons specified in Section 309.1(b) or Section 309.1(c) of this rule shall successfully c omplete a Basic Dust C ontrol T raining C lass conducted or approved by the Control Office r. b. The following persons present at a site that is subject to a permit issued by the Control Officer requiring control of PM 10

(1) Water truck drivers. emissions from dust

- generating operations shall complete a Basic D ust Control T raining Class as s pecified i n Section 309.1(a) of this rule:

(2) Water

- pull drivers. (3) The s ite superintendent or ot her des ignated on

- site representative of the permit holder, if present at a s ite that

has more than one acre of disturbed surface area.

c. A Dust Control Block Permit permittee/holder shall have, at a m inimum, one i ndividual trained in accordance with the Basic D ust Control T raining Class as s pecified i n Section 309.1(a) of this rule, if present at a s ite that has more than

one acre of disturbed surface area.

d. All persons having successfully completed training during the 2006 and 2007 calendar years shall be deemed to have satisfied the requirement to success fully complete the Basic Dust C ontrol T raining C lass, i f t he t raining that w as completed was conducted o r approved by the Control Officer. C ompletion of t he C omprehensive D ust C ontrol Training Class, as required in Section 309.2 of this rule, shall satisfy the requirement of this section of this rule.

e. The Control Officer may suspend or revoke for cause Rule 310 ( adopted 201 0) i ncorporates the pr ovisions o f

S enate B ill 1552 t hat mandate t raining and r equire a D ust
C oordinator to be onsite at all times. This training requirement is de signed t o i mprove t he s ite ov ersight and increase the c ompliance r ate w i th t he ex isting r ule

p rovisions. S IP

- approved R ule 310 ( adopted 2004) di d not include dust control training requirements.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

in cluding, but not limited to, inappropriate ethical activities or conduct a ssociated w ith t he dus t c ontrol pr ogram or repeated f ailure t o f ollow t he t raining r equirements, a certification i ssued t o a per son hav ing s uccessfully completed a Basic Dust Control Training Class conducted or approved by t he C ontrol O fficer. T he C ontrol O fficer w ill provide written notification to such person regarding such suspension or revocation.

309.2 Comprehensive Dust Control Training Class:

a. At least once every three years, the Dust Control Coordinator, who meets the requirements of Section 310 o f this rule, s hall s uccessfully c omplete the Comprehensive Dust Control Training Class conducted or approved by the

Control Officer.

b. All persons having successfully completed training during the 2006 and 2007 calendar years shall be deemed to have satisfied the requirement t o s uccess fully c omplete t he Comprehensive Dust Control T raining Class, i f t he training that w as c ompleted w as c onducted or appr oved b y t he

Control Officer.

c. The Control Officer may suspend or revoke for cause including, but not limited to, inappropriate ethical activities or conduct a ssociated w ith t he dus t c ontrol pr ogram or repeated f ailure t o f ollow t he t raining r equirements, a certification i ssued t o a per son hav ing s uccessfully completed a C omprehensive D ust C ontrol Training C lass conducted or appr oved by t he C ontrol O fficer. T he Control Officer w ill pr ovide w ritten not ification t o s uch per son regarding such suspension or revocation.

57. 310 DUST CONTROL COORDINATOR FOR DUST

- GENERATING OPERATIONS:

310.1 The per mittee for any s ite of f ive ac res or more o f disturbed surface area subject to a permit issued by the Control O fficer r equiring c ontrol of P M 10

310.2 The Dust Control Coordinator shall have full authority to ens ure t hat dust control measures ar e implemented on

- site, i ncluding c onducting inspections, depl oyment of dus t suppression r esources, and modifications or s hut

- down of

activities as needed to control dust. emissions f rom

dust

- generating oper ations s hall have on

- site at l east one

Dust Control Coordinator trained in accordance with Section 309.2 of this rule at all times during primary dust

- generating operations r elated t o t he pur poses f or w hich t he Dust Control permit was obtained.

310.3 The Dust Control Coordinator shall be responsible for managi ng dust prevention and dust control on the site.

310.4 At l east onc e ev ery t hree y ears, t he D ust C ontrol Coordinator shall successfully complete a Comprehensive Dust Control T raining Class conducted or appr oved by t he

Control Officer.

310.5 The Dust Contro l Coordinator shall have a valid dust Rule 310 ( adopted 2010 ) i ncorporates the pr ovisions o f

S enate B ill 1552 t hat mandate t raining and r equire a D ust
C oordinator to be onsite a t all times. This training requirement is de signed t o i mprove t he s ite ov ersight and increase the c ompliance r ate w i th t he ex isting r ule provisions. S IP

- approved R ule 310 ( adopted 2004) di d not include dust control training requirements.

Rule 310 ( adopted 2010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

training certification identification card readily accessible on

site while acting as a Dust Control Coordinator.

310.6 The requirement for a Dust Control Coordinator shall lapse when all of the following actions/event s/procedures

occur:

a. The ar ea of di sturbed s urface ar ea bec omes l ess t han five acres;

b. The pr eviously di sturbed s urface ar eas hav e been stabilized in accordance with/in compliance with the standards and/or requirements of this rule; and

c. The Dust Control permit holder provides notice to the Control Officer of acreage stabilization.

310.7 The Dust Control Block Permit permittee/holder shall

have on sites that have more t han one acre of disturbed surface area at least one individual, who has been trained in accordance with the requirements of Section 309.1(c) of this rule. O ne s uch i ndividual shall be des ignated by t he D ust Control B lock P ermit permittee/ hol der as t he Dust Control Coordinator. The Dust Control Coordinator shall be pr esent

on

- site at all times during primary dust

- generating activities that ar e r elated t o t he pur poses f or w hich t he per mit w as

obtained.

58. 401 DUST CONTROL PLAN POSTING: The owner and/or operator of an ear thmoving operation shall post a copy of the approved D ust C ontrol P lan in a c onspicuous l ocation a t t he work site, within on

- site equipment, or in an on

- site vehicle, or shall otherwise keep a copy of the approved Dust Control Plan

available on

- site at all times. The owner and/or operator of a dust generating operation that has been issued a Block Permit shall not be r equired t o keep a copy of the 81⁄2 ” by 11” s ite drawing according to section 304.2 of this rule. 409 POSTING OF PERMITS FOR DUST

- GENERATING

OPERATIONS : A D ust C ontrol per mit and a D ust C ontrol Plan, as approved by the Control Officer, shall be po sted in a conspicuous l ocation at the work site, within on

- site equipment, or i n an on

- site v ehicle, or shall otherwise be kept available on

- site at all times. In R ule 310 (adopted 2010), S ection 409 is the same as

Section 401 i n SIP

- approved R ule 310 ( adopted 2004) .

Howev er, in Rule 310 (adopted 2010), Section 409 does not include t he r equirement t hat a copy of t he 81⁄2 ” by 11” s ite drawing be kept on a site that has been issued a Block

Permit. Rule 310 ( adopted 201 0), S ection 404 i ncludes requirements for a Block Permit.

R ule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

59

. 404 DUST CONTROL BLOCK PERMIT REQUIREMENTS:

404.1 A D ust C ontrol B lock P ermit appl ication may be submitted t o the C ontrol O fficer, i f one or m ore of the

activities liste d in this section of this rule are conducted and if s uch activities occur at more t han one s ite ( i.e., pr ojects that i nvolve multiple small ar eas s cattered t hroughout Maricopa C ounty i ncluding, bu t not l imited t o, f iber opt ic

cable installation and natural gas line extension). New construction shall obtain a separate Dust Control permit.

a. Routine oper ation ( i.e., municipalities, gov ernmental agencies, and utilities that are responsible for the repeat maintenance of infrastructure i ncluding, but not limite d t o, weed control around a prison, canal bank and road grading, and road shoulder grading).

b. Maintenance (i.e., municipalities, governmental agencies, and utilities that are responsible for the repeat maintenance of i nfrastructure i ncluding, but not l imited to, w eed c ontrol around a prison, canal bank and road grading, and road shoulder grading). Rule 310 ( adopted 2010) i ncorporates Block P ermit requirements f rom M aricopa C ounty R ule 200: P ermit Requirements

.

In SIP

- approved Rule 310 (adopted 2004), “block permit” was addressed i n Sections 304. 6, 307, and 401. A block permit was exempt from disclosing in its Dust Control Plan

the soil textures on

- site, from installing a project information sign, and from keeping an 81⁄2”x11” site drawing.

In Rule 310 (adopted 2008), “block permit” was addressed in Sections 308, 402 .5, 404 , and 405. A bl ock per mit w as exempt f rom di sclosing i n i ts D ust C ontrol Plan t he soil

textures on

- site and from installing a project information sign

– similar to SIP

- approved Rule 310 (adopted 2004)
– but the block permit application was required to include the typ e of activities, location, and size of each site to be covered by the block permit.A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

c. Expansion or extension of utilities, paved roads, unpaved roads, road shoulders, alleys, and public rights

- of

- way at

non

- contiguous sites by municipalities, governmental agencies, and utilities.

404.2 When completing and submitting a Dust Control Block Permit appl ication, the owner an d/or oper ator s hall c omply with the following requirements:

a. A Dust Control P lan that meets t he criteria described i n

Section 402 of this rule and applies to all sites shall be

submitted to the Control Officer with the Dust Control Block Permit application.

b. A description or map of the owner’s and/or operator’s service areas and a list of all sites that are 0.10 acre (4,356

squ are feet) or gr eater, including the location and size of each site, shall be s ubmitted to the Control Officer with the Dust Control Block Permit application.

c. For any pr oject t hat i s 0 .10 a cre ( 4,356 square f eet) or greater and not l isted i n t he D ust C on trol B lock Permit application, t he appl icant s hall not ify t he C ontrol O fficer i n writing at least three working days prior to commencing the

dust

- generating oper ation. The notice shall i nclude the s ite location, size, type of activity, and start date.

404. 3 The D ust C ontrol B lock P ermit will c over c rews t hat work f or t he municipalities, gov ernmental agenc ies, and utilities, i ncluding subcontractors. H owever, m unicipalities, governmental agencies, and utilities shall retain overall authority for dust control on the project. In Rule 310 ( adopted 2010), “block permit” is addressed in Sections 308, 309.1(c), 310.7, 402.5, 404, and 405. A block permit is exempt from disclosing in its Dust Control Plan the

soil textures on

- site and f rom installing a project information sign
– similar to SIP

- approved Rule 310 (adopted 2004) and Rule 310 ( adopted 2008) . H owever R ule 310 ( adopted 2010) requires that the block permit application include a description or map of service areas and a list of all sites that are 0.10 acre or greater including location and s ize of each site. Rule 310 (adopted 2010) also requires a block permit to have at least one person trained according to basic dust control training at a si te that has more than one acre of

disturbed s urface ar ea

. SIP

- approved R ule 310 ( adopted 2004) did not have these requirements.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

60. 405 APPROVAL OR DENIAL OF PERMIT APPLIC ATIONS

FOR DUST

- GENERATING OPERATIONS: The C ontrol Officer shall take final a ction o n a D ust C ontrol per mit application, a Dust Control permit revision, or a Dust Control Block Permit within 14 calendar days of the filing of the complete appl ication. The C ontrol Officer s hall not ify t he applicant in writing of his approval or denial. Rule 310 (adopted 2010 ) i ncorporates ad ministrative requirements/specifics r egarding Dust Control permits and

Dust Control Plans. The administrative requirements/specifics were deleted f rom M aricopa C ounty

Rule 200 : Permit Requirements and were added to Rule 310 (adopted 2010) . T hese r equirements are not new or additional requirements. The Dust Control permits and Dust Control P lans r equirements h ave onl y been added t o R ule

310 (adopted 2010) where they are more directly applicable.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

61. 406 TERMS FOR PERMITS FOR DUST

- GENERATING
OPERATIONS: A D ust C ontrol p ermit i ssued a ccording t o

this r ule s hall be i ssued f or a per iod of one y ear f rom t he date of i ssuance. S hould the project last longer than one year from the date the permit was issued, the permittee shall

re

- apply for a Dust Control Permit at least 14 calendar days prior to t he e xpiration date o f the original per mit. For t he purpose of this section, a per mit is considered expired, if a permit renewal is not applied for at least 14 c alendar days prior to the expiration date of the original permit. Rule 310 (adopted 2010 ) i ncorporates ad ministrativ e requirements/specifics r egarding Dust Control permits and

Dust Control Plans. The administrative requirements/specifics were del eted f rom M aricopa C ounty

Rule 200 : Permit Requirements and were added to Rule 310 (adopted 2010) . T hese r equirements are not new or additional requirements. The Dust Control permits and Dust Control P lans r equirements hav e onl y been added t o R ule

310 (adopted 2010) where they are more directly applicable.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

62. 407 DEFACING, ALTERING, FORGING, COUNTERFEITING, OR FALSIFYING PERMITS FOR

DUST

- GENERATING OPERATIONS: A per son shall no t willfully def ace, al ter, f orge, counterfeit, or f alsify any D ust Control permit issued under the provisions of this rul e. Rule 310 (adopted 2010 ) i ncorporates ad ministrative requirements/specifics r egarding Dust Control permits and

Dust Control Plans. The administrative requirements/specifics were del eted f rom M aricopa C ounty

Rule 200 : Permit Requirements and were added to Rule 310 (adopted 2010) . T hese r equirements are not new or additional requirements. The Dust Control permits and Dust Control P lans r equirements hav e onl y been added t o R ule

310 (adopted 2010) where they are more directly applicable.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

63. 408 FEES FOR PERMITS FOR DUST

- GENERATING
OPERATIONS: No D ust C ontrol per mit i s v alid unt il t he applicable D ust C ontrol per mit f ee has been r eceived and until the Dust Control permit is issued by the Control Officer. Rule 310 (adopted 2010 ) i ncorporates ad ministrative requirements/specifics r egarding Dust Control permits and

Dust Control Plans. The administrative requirements/specifics were del eted f rom M aricopa C ounty

Rule 200 : Permit Requi rements and were added to Rule 310 (adopted 2010) . T hese r equirements are not new or additional requirements. The Dust Control permits and Dust Control P lans r equirements hav e onl y been added t o R ule

310 (adopted 2010) where they are more directly applicab le.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

64. 402 COMPLIANCE SCHEDULE: The requirements of this rule supercede any c onflicting r equirements that may be f ound i n existing Dust Control Plans.

402.1 For Earthmovi ng Permits: If any changes to a D ust Control P lan, a ssociated w ith an E arthmoving P ermit, ar e necessary as a result of the most recent revisions of this rule, such changes s hall not be r equired unt il t he E arthmoving Permit is required to be renewed.

402.2 For Non

- Title V Permits And For Title V Permits: If any c hanges to a D ust C ontrol P lan, a ssociated with a N on

Title V Permit or with a T itle V Permit, are necessary as a result of the most recent revisions of this rule, then the owner and/or operator shall submit a revised Dust Control Plan to the Control O fficer, ac cording t o the minor per mit r evision procedures described in Rule 220 and Rule 210 of these rules respectively, no l ater than 6 months after the effective date of

the most recent revisions to th is rule. 403.3 If Rule 310 is Revised:

a. If any changes to a Dust Control Plan are necessary as a result of the most recent revisions of this rule, such changes to t he D ust C ontrol Plan s hall not be r equired unt il t he associated Dust Control permit is required to be renewed.

b. If any changes to a D ust Control Plan associated with a Title V permit or with a Non

- Title V permit are necessary as a r esult of t he most r ecent r evisions of this r ule, t hen the owner and/ or oper ator s hall s ubmit a r evised D ust C ont rol Plan t o t he C ontrol O fficer, ac cording t o t he m inor per mit revision procedures described in Rule 210 or in Rule 220 of these r ules r espectively, no l ater than s ix m onths af ter t he

effective date of the most recent revisions to this rule.

410 COMPLIANC E SCHEDULE: The new ly am ended provisions of this rule become effective upon adoption of this rule. A n ow ner and/ or ope rator of a dus t

- generating operation subject to this rule shall meet all applicable provisions of this rule upon adopt ion of the newly ame nded provisions o f t his r ule and a ccording t o the f ollowing

schedule:

410.1 Basic Dust Control Training Class: No l ater t han December 31, 2008, a site superintendent or other designated on

- site r epresentative of the per mit hol der and water t ruck and w ater pull dr ivers f or ea ch s ite shall hav e successfully c ompleted the B asic D ust C ontrol Training Class, as described in Section 309.1 of this rule. In Rule 310 ( adopted 20 10), Section 4 03.3 is the same as

Section 402 in SIP -a pproved Rule 310 (adopted 2004).

Rule 310 ( adopted 2010) al so i ncludes a compliance schedule for training requirements
– in Section 410. SIP

approved Rule 310 (adopted 20 04) di d not i nclude s uch requirements and compliance schedule.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

410.2 Dust Control Coordinator: No l ater than J une 30 , 2008, any s ite and/ or any c ontiguous s ite under c ommon

co ntrol of five ac res or more o f di sturbed s urface ar ea subject t o a per mit shall, at al l t imes dur ing pr imary dus t

generating operations related to the purposes for which the Dust Control permit was obtained, have on

- site at least one individual designated by the permit holder as a Dust Control Coordinator, as described in Section 310 of this rule.

65. 501 COMPLIANCE DETE RMINATION: To determine compliance with this rule, the following test methods shall be

followed: 501.1 Opacity Observations: a. Dust Generating Operations: Opacity obs ervations of a source engagi ng i n du st gene rating oper ations shall be

conducted i n acco rdance w ith Appendix C, Section 3 ( Time Averaged M ethods of V isual O pacity D etermination of Emissions from Dust Generating Operations). b. Unpaved Parking Lot: Opacity ob servations of any unpaved parking lot shall be conducted in accordance with Appendix C , S ection 2. 1 ( Test M ethods F or S tabilization F or Unpaved Roads And Unpaved Parking Lots) of these rules. c. Unpaved Haul/Access Road: Opacity observations of any unpaved haul/access road (whether at a work site that is under

construction or at a work site that is temporarily or permanently inactive) s hall be conducted i n ac cordance with A ppendix C , Section 2. 1 ( Test M ethods F or S tabilization F or U npaved Roads And Unpaved Parking Lots) of these rules.

501.2 Stabilization Observations: a. Unpaved Parking Lot : Stabilization observations f or unpaved par king l ots s hall be c onducted i n ac cordance w ith Appendix C , S ection 2. 1 ( Test M ethods F or S tabilization

- For Unpaved R oads A nd U npaved P arking Lot s) of t hese r ules. When more t han 1 t est method i s per mitted f or a determination, an e xceedance of the limits established in this rule det ermined by any of t he appl icable t est methods

constitutes a violation of this rule. b. Unpaved Haul/Access Road: Stabilization observations for unpaved haul /access r oads ( whether at a w ork s ite th at i s under c onstruction or a t a w ork s ite that is t emporarily or permanently i nactive) s hall be conducted i n ac cordance w ith Appendix C , S ection 2. 1 ( Test M ethods F or S tabilization

- For Unpaved R oads A nd U npaved Parking Lo ts) of these r ule.

When more t han 1 t est method i s per mitted f or a determination, an e xceedance of the limits established in this rule det ermined by any of t he appl icable t est methods

constitutes a violation of this rule. c. Open Area And Vacant Lot Or Disturbed Surface Area:

St abilization obs ervations f or an open ar ea and v acant l ot or any di sturbed s urface ar ea on w hich no ac tivity i s oc curring (whether at a work s ite t hat i s u nder c onstruction, at a w ork site that is temporarily or permanently inactive) shall be 501 COMPLIANCE DETERMINATION: To det ermine compliance w ith the v isible e missions r equirements in

Section 303 of t his r ule an d w ith t he s tabilization requirements in Section 304 of this r ule, the f ollowing t est

methods shall be followed:

501.1 Opacity Observations:

a. Dust

- Generating Operations: Opacity observations of

dust

- generating operations shall be conducted in accordance w ith A ppendix C , S ection 3, V isual O p acity

Determination o f Emissions f rom D ust

- Generating Operations of these rules.

b. Unpaved Parking Lot: Opacity ob servations o f any unpaved parking lot shall be conducted in accordance with Appendix C, Section 2.1, Test Methods for Stabilization for Unpav ed Roads and Unpaved Parking Lots of these rules.

c. Unpaved Haul/Access Road: Opacity observations of any unpaved haul/access road (whether at a w ork site that is under construction or at a w ork site that is temporarily or permanently inactive) shall be conducted in accordance with Appendix C, Section 2.1, Test Methods for Stabilization for Unpaved Roads and Unpaved Parking Lots of these rules.

d. Visible Emissions Beyond the Property Line: Opacity observations of any v isible e missions bey ond t he pr operty

line shall be conducted in accordance with EPA Reference

Method 22.

501.2 Stabilization Observations:

a. Unpaved Parking Lot: Stabilization obs ervations f or unpaved parking lots shall be conducted in accordance with Appendix C, Section 2.1, Test Methods fo r Stabilization for Unpaved Roads and U npaved P arking Lots of t hese r ules. When more t han one t est method i s per mitted f or a determination, an exceedance of the limits established in this r ule det ermined by any of t he appl icable t est methods

shall constitu te a violation of this rule.

b. Unpaved Haul/Access Road: Stabilization observations for unpaved haul/ access roads (whether at a work site that is under construction or at a w ork site that is temporarily or permanently inactive) shall be conducted in accordance with Appendix C, Section 2.1, Test Methods for Stabilization for Unpaved Roads and U npaved Parking Lots of these rules. When more t han one t est method i s per mitted f or a determination, an exceedance of the limits established in

this rule determined by any of the applicable test methods In R ule 310 (adopted 2010), S ection 501 is the same as

Section 501 i n SIP

- approved R ule 310 ( adopted 20 04). However, R ule 310 (adopted 2010), Section 501 includes the following provisions: • Specified t hat t est m ethods ar e for visible emissions requirements and stabilization requirements. • A dded t est method t o det ermine c ompliance w ith t he property l ine s t andard
– by conducting observations i n

accordance with EPA Reference Method 22.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

conducted i n a ccordance with a t least one o f the t echniques described i n subsection 501. 2(c)(1) t hrough s ubsection 501.2(c)(7) below, as applicable. The owner and/or operator of

such inactive disturbed surface area shall be considered in

violation of this rule if such inactive disturbed surface area is

not maintained i n a manner t hat meets at l east 1 of the standards described in subsection 302.3 of this rule, as applicable. (1) Appendix C , S ection 2. 3 ( Test M ethods For S tabilization

Visible Crust Determination) (The Drop Ball/Steel Ball Test) of these rules for a visible crust; or (2) Appendix C , S ection 2. 4 ( Test M ethods For S tabilization

Determination O f Threshold F riction V elocity ( TFV)) ( Sieving Field P rocedure) of t hese r ules f or t hreshold f riction v elocity (TFV) c o rrected f or non

- erodible el ements o f 100 c m/second or higher; or (3) Appendix C , S ection 2. 5 ( Test M ethods For S tabilization

Determination Of Flat Vegetative Cover) of these rules for flat vegetation c over ( i.e., at tached ( rooted) v egetation or

unattached vegetative debris l ying on t he s urface w ith a predominant hor izontal or ientation t hat i s not subject to movement by wind) that is equal to at least 50%; or (4) Appendix C , S ection 2. 6 ( Test M ethods For S tabilization

Determination Of Standing Vegetative Cover) of these rules for standing v egetation cover ( i.e., vegetation t hat i s at tached (rooted) with a predominant vertical orientation) that is equal to or greater than 30%; or (5) Appendix C , S ection 2. 6 ( Test M ethods For S tabilization

Determination Of Standing Vegetative Cover) of these rules for standing v egetation cover ( i.e., vegetation t hat i s at tached (rooted) with a predominant vertical orientation) that is equal to or greater than 10% and where the threshold friction velocity is equal to or greater than 43 cm/second when corrected for non

erodible elements; or (6) Appendix C , S ection 2. 7 ( Test M ethods For S tabilization

Rock T est Method) of t hese r ules f or a per cent c over t hat i s equal to or greater than 10%, for non

- erodible elements; or (7) An al ternative t est method approved i n w riting by t he

Control Officer and the Administrator of the EPA. shall constitute a violation of this rule.

c. Disturbed Surface Area: Stabilization observations f or any disturbed surface area on w hich no a ctivity is occurring (whether at a work site that is under construction, at a work site t hat i s temporarily or per manently i nactive) s hall be conducted in accordance with at least one of the techniques described in Section 501.2(c)(1) through Section 501.2(c)(7) below, as applicable. The owner and/or operator of such

inactive di st urbed s urface ar ea s hall be c onsidered i n

violation of this rule if such inactive disturbed surface area is

not maintained i n a manner t hat meets at l east one of t he standards des cribed i n S ection 304. 3 of t his r ule, as applicable. (1) Appendix C, Section 2.3, Test Methods for Stabilization: Soil Crust Determination: the Drop Ball Test of these rules for a soil crust; or (2) Appendix C, Section 2.4, Test Methods for Stabilization: Determination of T hreshold F riction V elocity ( TFV): S ieving Field Procedure of these rules for threshold friction velocity (TFV) corrected for non

- erodible elements of 100 cm/second or higher; or (3) Appendix C, Section 2.5, Test Methods for Stabilization: Determination of Flat Vegetative Cover of these rules for flat vegetation c o ver ( i.e., at tached ( rooted) vegetation or unattached vegetative debris lying on the surface with a predominant hor izontal or ientation t hat i s not subject t o movement by wind) that is equal to at least 50%; or (4) Appendix C, Section 2.6, Test Methods for Stabilization: Determination of Standing Vegetative C over of t hese r ules for s tanding v egetation c over ( i.e., v egetation t hat i s attached ( rooted) w ith a pr edominant v ertical or ientation) that is equal to or greater than 30%; or (5) Appendix C, Section 2.6, Test Methods for Stabilization: Determination of Standing Vegetative Cover of t hese r ules for s tanding v egetation cover ( i.e., v egetation t hat i s attached ( rooted) w ith a pr edominant v ertical or ientation) that is equal to or greater than 10% and where the threshold friction velocity is equal t o or gr eater t han 43 cm/second

when corrected for non

- erodible elements; or (6) Appendix C, Section 2.7, Test Methods for Stabilization: Rock Test Method of these rules for a per cent cover that is equal to or greater than 10%, for non

- erodible elements; or (7) An al ternative and equi valent t est method appr oved i n writing by the Control Officer and the Administrator.

66. 502 RECORDKEEPING:

502.1 Any per son who conducts dust gener ating oper ations that require a Dust Control Plan shall keep a dai ly written log recording the actual application or implementation of the control measures delineated in the approved Dust Control Plan (including records on any street sweeping, water applications,

and m aintenance of t r ackout control dev ices, gr avel pads , 502 RECORDKEEPING:

502.1 Any person who conducts dust

- generating operations that require a D ust Control Plan shall keep a w ritten record

of self

- inspection on each day dust

- generating operations

are c onducted. S elf

- inspection r ecords s ha ll in clude d aily inspections for crusted or damp soil, trackout conditions and

clean

- up measures, daily water usage for dust control In R ule 310 (adopted 2010), S ection 502 is the same as

Section 502 i n SIP

- approved R ule 310 ( adopted 2004) . However, Rule 310 (adopted 2010), Section 502 clarif ies when written records must be kept and what information must be k ept i n written r ecords. D aily r ecordkeeping requirements more c learly des cribe what ac tions an owner and/or operator must take in or der t o r ecord appl ication ofA. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

fences, wind barriers, and tarps).

502.2 Any per son who conducts dust gener ating oper ations that do not require a Dust Control Plan shall compile and retain records ( including r ecords on any s treet s weeping, water appl ications, and m aintenance of trackout c ontrol devices, gravel pads , f ences, w ind barriers, and t arps) t hat pr ovide evidence of control measure application, by indicating the type of treatment or control measure, extent of coverage, and dat e applied.

502.3 Upon verbal or written request by the Control Officer, the log or t he r ecords and supporting doc umentation shall be provided within 48 hour s, excluding weekends. I f the C ontrol Officer is at the site where requested records are kept, records shall be provided without delay. measures, and dust suppressant application. S uch w ritten record shall also include the following information:

a. Method, f r equency, and i ntensity of appl ication or implementation of the control measures;

b. Method, frequency, and a mount of w ater appl ication t o the site;

c. Street sweeping frequency;

d. Types of surface treatments applied to and maintenance

of t rackout c ontrol devices, gr avel pads , f ences, w ind barriers, and tarps;

e. Types and results of test methods conducted;

f. If contingency control measures are implemented, actual application or i mple mentation of c ontingency c ontrol measures and w hy c ontingency c ontrol measures w ere implemented;

g. List of s ubcontractors’ na mes and r egistration nu mbers updated when changes are made; and

h. Names of employee(s) who successfully completed dust control training class(es) required by Section 309 of this rule,

date of t he class (es) t hat s uch employee(s) s uccessfully completed, and na me of t he a gency/representative w ho conducted such class(es).

502.2 Any person who conducts dust

- generating operations that do no t r equire a D ust C ontrol P lan shall c ompile and retain records (including records on any street sweeping, water appl ications, and maintenance of trackout control devices, gravel pads, fences, wind barriers, and t arps) that provide ev idence of c ontrol measure appl ication, by indicating the type of treatment or control measure, extent of coverage, and date applied.

502.3 Upon verbal or written request by the Control Officer, the l og or t he r ecords and s upporting doc umentation shall be provided as soon as possible but no later than 48 hours, excluding weekends. I f the C ontrol O f ficer i s a t t he site where requested records are kept, records shall be provided without delay. dust control measures each day dust

- generating operations are c onducted. T he w ritten r ecord m ust i nclude dai ly s elf

inspections for crusted or damp soil, trackout conditions and

clean

- up m easures, dai ly w ater us age, and dus t suppressant appl ication. Text m atches C lark County’s

Secti on 94: Permitting A nd Dust Control F or Construction

Activities.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

67. 503 RECORDS RETENTION: Copies of appr oved D ust Control Plans, control measures implementation records, a nd all supporting documentation shall be r etained for at least six months following t he t ermination of t he dus t gener ating operation. C opies o f appr oved D ust C ontrol P lans, c ontrol measures i mplementation r ecords, and al l s upporting documentation s hall be retained f or at l east 1 y ear f rom t he date s uch r ecords w ere i nitiated. I f a per son has obt ained a Title V Permit and i s subject to the requirements of this rule, then such person shall retain records required by this rule for at least 5 years from the dat e such records are established. 503 RECORDS RETENTION: Any per son w ho c onducts

dust

- generating operations that require a D ust Control Plan shall r etain copies of appr oved Dust Control Plans, c ontrol measures i mplementation r ecords, and al l supporting

docum entation for at least six months following the

termination of the dust

- generating operation and for at least two years from the date such records were initiated. If a person has obt ained a Title V Permit and i s subject t o the requirements of this r ule, t he n s uch person s hall retain records required by this rule for at least five years from the

date such records are established. In R ule 310 (adopted 2010), S ection 503 is the same as

Section 503 i n SIP

- approved R ule 310 ( adopted 2004) . However, Rule 310 (adopted 2010), Section 503 clarifies who must maintain records and f or how long. Records must be retained at least s ix months following termination of a dust

- generating oper ation and at l east t wo y ears f rom t he

date the records were initiated.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

68. 504 TEST METHODS ADOPTED BY REFERENCE: The test methods listed in this section are adopted by reference. These adoptions by r eference i nclude no f uture edi tions or amendments. Copies o f the test methods listed in this section 504 TEST METHODS INCORPORATED BY REFERENCE: The t est methods l isted i n t his section ar e i ncorporated by reference. T hese i ncorporations by r eference i nclude no future editions or amendments. Copies of the test methods In R ule 310 (adopted 2010), S ection 504 is the same as

Section 504 i n SIP

- approved R ule 310 ( adopted 2004) . However, R ule 310 (adopted 2010) , S ection 504 incorporates updat ed t est methods and i ncludes E PAA. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

are available for review at the Maricopa County Environmental Services Department, 1001 North Central Avenue, Phoenix, AZ, 85004

- 1942.

504.1 ASTM M ethod C 136

- 96A ( “Standard T est M ethod F or Sieve A nalysis O f F ine A n d Coarse A ggregates”), 1996

edition.

504.2 ASTM M ethod D 2216

- 98 (“Standard T est M ethod F or Laboratory Determination Of Water (Moisture) Content Of Soil And Rock By Mass”), 1998 edition.

504.3 ASTM M ethod D 1557

- 91(1998) ( “Test M ethod F or Laboratory Compaction Characteristics Of Soil Using Modified Effort (56,000 ft

- lbf/ft3 (2,700 kN

- m/m3)”), 1998 edition. listed in this section are available for review at the Maricopa County Air Quality Department, 1001 North Central Avenue, Phoenix, AZ, 85004.

504.1 ASTM M ethod C 136

- 06 ( “Standard T est M ethod f o r Sieve A nalysis o f F ine and C oarse A ggregates”), 2006

edition.

504.2 ASTM Method D2216

- 05 (“Standard Test Method for Laboratory D etermination of Water ( Moisture) C ontent of Soil and Rock by Mass”), 2005 edition.

504.3 ASTM M ethod D 1557

- 02e1 ( “Test M ethod for Laboratory Compaction Character istics of Soil Using Modified Effort (56,000 ft

- lbf/ft 3 (2,700 kN

- m/m 3

504.4 EPA Reference Method 22 ( “Visual Determination of Fugitive E missions f rom M aterial S ources and S moke Emissions from Flares”), 2000 edition. )”), 2002 edition. Reference Method 22.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

69

. Table 1

- Vehicle Use In Open Areas And Vacant Lot

a. An owner and/or operator must implement one of the following

control measures:

1. Restrict trespass by installing signs; or

2. In stall ph ysical b arriers such as c urbs, fences, g ates, pos ts, signs, shrubs, and/or trees to prevent access to the area. T able 1 is not included in Rule 310 (adopted 2010), because the c ontrol measures f or v ehicle us e i n open ar eas and

vacant lots are in M aricopa C ounty Rule 310.01: Fugitive

Dust From Non

- Tradit ional Sources Of Fugitive Dust.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

70. Table 2

- Unpaved Parking Lots

a. An owner and/or operator must implement one o f the following

control measures:

1. Pave;

2. Apply and maintain gravel, recycled asphalt, or other suitable material, in compliance with Section 302.1 of this rule;

3. Apply a s uitable dust suppressant in compliance with Section

302.1 of this rule.

b. Sug gested additional control measure for contingency plans:

1. Limit vehicle speeds to 15 mph on the site. 305 .6 Unpaved Staging Areas, Unpaved Parking Areas, and Unpaved Material Storage Areas: The o wner a nd/or operator of a dust

- generating oper ation that in volves unpaved staging areas, unpaved parking areas, and unpaved m aterial s torage ar eas s hall i mplement one or more of the following control measures:

a. Apply water so that the surface is visibly moist;

b. Pave;

c. Apply and m aintain gr avel, r ecycled as phalt, or ot her suitable material;

d. Apply and maintain a suitable dus t suppressant ot her than water; or

e. Limit v ehicle trips t o no more than 20 per day per r oad and limit vehicle speeds to no more than 15 miles per hour. If complying with this section, the owner and/or operator shall provide to the Control Officer the maximum number of vehicle t rips on t he s taging ar eas, par king ar eas, and/ or material storage ar eas eac h d ay ( including nu mber o f employee vehicles, earthmoving equipment, haul trucks, and

wa ter trucks) and a description of how vehicle speeds will be restricted to no more than 15 miles per hour. In Rule 310 ( adopted 20 10), Section 305.6 is the same as

Table 2 in SIP

- approved Rule 310 (adopted 2004). However, Rule 310 (adopted 2010), Section 305.6 includes additional control measures for staging areas, parking areas, material storage areas, and/or access routes to and f rom a

site. These control measures address vehicle use and parking on s ites t hat r equire a per mit and match C lark County’s Secti on 94: P ermitting A nd D ust C ontrol F or

Construction Activities.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

71. Table 3

- Unpaved Haul/Access Roads

a. An owner and/or operator must implement one of the following

cont rol measures:

1. Limit vehicle speed to 15 mph or less and limit vehicular trips to no more than 20 per day;

2. Apply water, so that the surface is visibly moist in compliance with Section 302.2 of this rule;

3. Pave; 305 .7 Unpaved Haul/Access Roads : T he ow ner and/ or operator of a dust

- generating ope ration that involves unpaved haul/access roads shall implement one or more of the following control measures:

a. Apply water so that the surface is visibly moist;

b. Pave;

c. Apply and m aintain gr avel, r ecycled as phalt, or ot her suitable material; In Rule 310 ( adopted 20 10), Section 305.7 is the same as

Table 3 in SIP

- approved Rule 310 (adopted 2004)

. However, in Rule 310 (adopted 2010), Section 305.7 adds a provision that the owner and/or operator shall provide to the Control Officer the maximum number of vehicle trips on t he unpaved haul /access r oads eac h day (including num ber of employee vehicles, earthmoving equipment, haul trucks, and water trucks) and a description of how vehicle speeds will beA. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

4. Apply and maintain gravel, recycled asphalt, or other suitable material, in compliance with Section 302.2 of this rule; or

5. Apply a suitable dust suppressant, in compliance with Section

302.2 of this rule. d. Apply and maintain a suitable dust suppressant other than water; or

e. Limit v ehicle trips t o no more than 20 per day per r oad and limit vehicle speeds to no more than 15 miles per hour. If complying with this section of this rule, the owner and/or operator s hall pr ovide t o t he C ontrol O fficer the maximum number of v ehicle t rips on t he unpav ed haul /access r oads each day ( including nu mber of e mployee v ehicles, earthmoving equipment, haul trucks, and water trucks) and a description of how v ehicle speeds will be restricted to no more than 15 miles per hour. restri cted to no more than 15 miles per hour.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

72. Table 4

- Open Areas And Vacant Lots

a. An owner and/or operator must implement one of the following control measures to comply with Section 302.3 of this rule:

1. Pave, apply gravel, or apply a suitable dust suppressant;

2. Establish vegetative ground cover in sufficient quantity; or

3. Restore area such that the vegetative ground cover and soil characteristics are s imilar t o adj a cent or near by u ndisturbed

native conditions. T able 4 is not included in Rule 310 (adopted 2010), because the control measures for open ar eas and v acant lots are in Maricopa C ounty Rule 310. 01: Fugitive D ust From N on

Tradit ional Sources Of Fugitive Dust.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

73. Table 5: Disturbed Surface Areas

– Pre

- Activity Work

Practices

a. Before activity begins, an owner

and/or operator must implement one of the following control

measur es: 1. Pre

- water site to depth of cuts, allowing time for penetration; or

2. Phase work to reduce the amount of disturbed surface areas at any one time.

Table 6 - Disturbed Surface Areas – Work Practices During Operations

a. During operations, an owner and/or operator must implement one of the following control measures:

1. Apply water or other suitable dust suppressant, in compliance with Section 301 of this rule;

2. Apply water as necessary to maintain a soil moisture content at a minimum of 12%, as dete rmined by ASTM Method D2216

- 98 or ot her equ ivalent method a s appr oved by t he C ontrol O fficer and the Administrator of EPA. F or areas that have an op timum moisture content for compaction of less than 12%, as determined by ASTM Method D1557

- 91 ( 1998) o r ot h er equivalent method approved by the C ontrol O fficer a nd t he Administrator of EPA, maintain at least 70% of the optimum soil moisture content; or

3. Implement (a)(1) or (a)(2) above and construct fences or

three

- foot to five

- foot high wind barriers with 50% or less porosity adjacent t o r oadways or ur ban ar eas to r educe the a mount o f windblown material leaving a site.

b. Suggested additional control measures for contingency plans:

1. Limits vehicle speeds to 15 mph on the work site.

Table 7

- Disturbed Surf ace Areas

– Temporary Stabilization 305 .11 Disturbed Surface Areas: The ow ner and/ or operator of a dust

- gen erating oper ation that i nvolves disturbed surface areas shall implement the following control measures, as applicable:

a. Before disturbed surface areas are created, implement one of the following control measures: (1) Pre

- water s ite to dept h of c uts, al lo wing time f or penetration; or (2) Phase work t o r educe t he a mount of di sturbed s urface areas at any one time.

b. While di sturbed s urface ar eas ar e bei ng c reated, implement one of the following control measures: (1) Apply water or other suitable dust suppressant other than water to keep the soil visibly moist throughout the process; (2) Apply w ater t o m aintain a soil moisture c ontent at a minimum of 12%, as determined by ASTM Method D2216

- 05 or ot her equi valent m ethod as appr oved by t he Control

Officer and the Administrator. For areas that have an optimum moisture content for compaction of less than 12%, as determined by ASTM Method D1557

- 02e1 or other equivalent method approved by the Control Officer and t he Administrator, maintain at l east 70% of the opt imu m soil moisture content; or (3) Implement control measure described in Section 305.11(b)(1) o r S ection 305. 11(b)(2) of t his r ule and

construct fences or three

- foot to five

- foot high wind barriers with 50% or less porosity adjacent to roadways or urban

area s to reduce the amount of wind

- blown material leaving a

site.

c. When t he dust

- generating oper ation i s f inished for a period of 30 day s or l onger: F or l onger t han t emporary pauses that occur during a dust

- generating operation, t he In Rule 310 ( adopted 2010), Section 305.11 is th e same as Tables 5 , 6, 7, and 8 i n SIP

- approved R ule 310 ( adopted 2004). Rule 310 ( adopted 2010 ), S ection 305. 11 matches Clark C ounty’s C onstruction Activities D ust C ontrol

Handbook.

The intent of Rule 310 (adopted 2010), Section 305.11 is to establish a more permanent form of stabilization than water can pr ovide, s ince t he site is c omplete and most l ikely will not be visited regularly by site personnel. Water, as a control measure, is t oo t emporary in t hese instances. P ermanent stabilization must be implemented within 10 days of finishing

a dust

- generating operation (rather than within eight months as pr eviously r equired), i f such dust

- generating oper ation will be f inished for 30 day s or longer. An ow ner and/ or operator is not required to prevent access or prevent trespass, i f t he ow ner an d/or operator i s c onducting dus t

generating operations within the identified boundaries of the Dust Control permit, has not closed the Dust Control permit (i.e., the Dust Control permit is still active), and is monitoring control measures in all areas of the permitted site.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

(Up To 8 Months) During Weekends, After Work Hours, And On Holidays

a. An owner and/or operator must implement one of the following control measures to comply with Section 302.3 of this rule:

1. Pave, apply gravel, or ap ply a suitable dust suppressant;

2. Establish vegetative ground cover in sufficient quantity; or

3. Implement (a)(1) or (a)(2), above, and restrict vehicular access

to the area.

Table 8 - Disturbed Surface Areas – Permanent Stabilization (Required Within 8 Months Of Ceasing Dust Generating Operations)

a. An owner and/or operator must implement one of the following control measures to comply with Section 302.3 of this rule:

1. Pave, apply gravel, or apply a suitable dust suppressant;

2. Establish vegetative ground cover in sufficient quantity; or

3. Restore area such that the vegetative ground cover and soil characteristics ar e similar to adjacent or near by u ndisturbed

native conditions. owner and/ or oper ator s ha ll i mplement one or more o f the following c ontrol measures w ithin t en day s f ollowing t he completion of such dust

- generating operation: (1) Pave, apply gravel, or apply a suitable dust suppressant other than water; (2) Establish vegetative ground cover; (3) Implement c ontrol measures des cribed i n S ection 305.11(c)(1) or Section 305.11(c)(2) of this rule and r estrict vehicle access to the area; (4) Apply w ater and pr event ac cess by fences, di tches, vegetation, ber ms, or o ther s uitable bar rier or means

suffici ent to prevent trespass as approved by the Control Officer; or (5) Restore area such that the vegetative ground cover and soil characteristics ar e s imilar t o adj acent or near by

undisturbed native conditions.

74. Table 9

- Blasting Operations

a. An owner and/or operator must implement all of the following

control measures:

1. In wind gusts above 25 mph, discontinue blasting; and

2. Pre

- water and maintain surface soils in a stabilized condition where support equipment and vehicles will operate. 305 .9 Blasting Operations: The owner and/or operator of a

dust

- generating operation t hat i nvolves bl asting oper ations shall pre

- water and maintain surface soils in a stabilized condition where support equipment and vehicles will operate. In Rule 310 ( adopted 20 10), Section 305.9 is the same as

Table 9 in SIP

- approved Rule 310 (adopted 200 4). However, the definition of “wind event” was deleted from Rule 310 ( adopted 2010) , bec ause t ext r egarding an exemption from the visible emissions requirements during a

wind ev ent (in S ection 30 1.1 of SIP

- approved Rule 310 (adopted 20 04 )) was deleted. Ho wever, Section 303.2(a) of Rule 310 ( adopted 2010) includes t ext, w hich i s s imilar t o Clark County Rule 94.9.3, which exempts a dust

- generating operation from the 20% opacity requirement as long as the following c onditions ar e met: ( 1) A ll control measures and requirements of the Dust Control Plan are implemented and the s ubject v iolations cannot be pr evented by bet ter application, operation, or maintenance of these measures and requirements; (2) Cease dust

- generating operations and stabilize any di sturbed surface area c onsistent w ith t he disturbed s urface ar ea s tabilization r equirements of R ule 310 (adopted 2010); and (3) Compile records consistent with the recordkeeping requirements of Rule 310 (adopted 2010). The i ntent of the r eplacement l anguage i s to r equire escalating controls as winds increase. Ceasing operations is

the ultimate control when all else fails.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

75. Table 10

- Demolition Activities

a. An owner and/or operator must implement all of the following control measures:

1. Stabilize de molition debr is. A pply w ater t o debr is immediately following demolition activity; and

2. Stabilize surrounding area immediately following demolition activity. Water all disturbed soil surfaces to establish a crust 305 .10 Demolition Activities: The owner and/or operator of

a dus t

- generating oper ation t hat i nvolves de molition activities shall implement all of the following control

measures:

a. Apply water to demolition debris immediately following demolition activity; and

b. Apply water to all disturbed soils surfaces to establish a In Rule 310 ( adopted 2010), Section 305.10 is the same as

Table 10 in SIP

- approved Rule 310 (adopted 2004).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

and prevent wind erosion of soil.

b. Suggested additional control measure for contingency plans:

1. Thoroughly c lean bl ast debr is f rom pav ed and ot her surfaces following demolition activity. visible crust and to prevent wind erosion.

76. Table 11

- Bulk Material Handling Operations Work Practices For Stacking, Loading, And Unloading Operations

a. An ow ner and/ or oper ator m ust i mplement one of t he following control measures:

1. Spray material with water, as necessary, pr ior to stacking, loading, and unl oading, and/ or while s tacking, l oading, and unloading;

2. Spray material with a dust suppressant other than water, as necessary, prior to stacking, loading, and unloading, and/or while stacking, loading, and unloading.

b. Sugge sted addi tional control m easures for c ontingency plans:

1. Pre

- water and m aintain s urface s oils i n a stabilized condition where support equipment and vehicles will operate.

2. Remove material from the downwind side of the storage pile

when safe to do so.

3. Empty loader bucket slowly and keep loader bucket close to the truck to minimize the drop height while dumping. 305 .4 Bulk Material Stacking, Loading, and Unloading Operations: The owner and/or operator of a dust

generating oper ation t hat i nvolves bul k material s tacking, loading, and unl oading oper ations shall i mplement t he following control measures:

a. Prior to stacking, loading, and unloading: (1) Mix material with water; or (2) Mix material with a dust suppressant other than water.

b. While stacking, loading, and unloading: (1) Apply water; or (2) Apply a dust suppressant other than water. In Rule 310 ( adopted 20 10), Section 305.4 is the same as

Table 11 i n S IP

- approved R ule 310 (adopted 2004) . However, t he phr ase “ as ne cessary” was c larified, as i t i s used in Rule 310 (adopted 2010) regarding control measures for bulk material stacking, loading and unl oading operations, open storage piles, and disturbed surface areas. After reviewing Clark County’s Dust Control Handbook and

Section 94 and S outh C oast’ s B est Available C ontrol

Measures f or c onstruction a ctivities as des cribed i n R ule 403, deleted “as necessary” from Rule 310 (adopted 2010)

, Sections 305. 4(a), 305. 4(b), 305.5(a)(1), 305. 5(a)(2), 305.11(b)(1), and 305.11(b)(2). In its place, added the phra ses (as control measures for “prior to” stacking, loading, and unloading): “mix material with water or mix material with a dus t s uppressant ot her t han w ater”. A lso, added t he phrase ( as a control measure f or “ while di sturbed s urfaces are being created”): “to keep the soil visibly moist throughout the process.”

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

77. Table 12

- Open Storage Piles When Not Conducting Stacking, Loading, And Unloading Operations

a. An ow ner and/ or operator m ust i mplement one of t he following control measures:

1. Cover open s torage pi les with tarps, plastic, or ot her material such that the coverings will not be dislodged by wind;

2. Apply w ater t o m aintain a s oil moisture content at a minimum of 12%, as determined by ASTM Method D2216

- 98, or ot her equi valent methods appr oved by t he C ontrol O fficer and t he A dministrator of t he EPA; or f or ar eas that hav e an optimum moisture content for compaction of less than 12%, as determined by A STM M ethod D1557

- 91 (1998) or ot her equivalent methods approved by the Control Officer and the Administrator of EPA, maintain at least 70% of the soil moisture content;

3. Meet the stabilization r equirements des cribed i n S ection 302.3 of this rule; or

4. Implement (a )(2) o r (a)(3), above, and c onstruct and maintain wind barriers, storage silos, or a three

- sided enclosure with walls, whose length is no less than equal to the length of the pile, whose distance from the pile is no more than twice the height of the pile, whose height is equal to the pile height, and whose porosity is no more than 50%. 305 .5 Open Storage Piles : The owner and/or operator of a

dust

- generating operation that involves an open storage pile shall i mplement one of t he following c ontrol m easures, as applic able, when not conducting stacking, loading, and unloading operations:

a. Cover all open s torage piles with a t arp, plastic, or other material to prevent wind from removing the covering(s) such that the covering(s) will not be dislodged by wind; or

b. Appl y w ater t o m aintain a s oil moisture c ontent at a minimum of 12%, as determined by ASTM Method D2216

- 05 or other equivalent methods approved by the Control

Officer and the Administrator. For areas that have an optimum moisture content for compaction of less than 12%, as determined by ASTM Method D1557

- 02e1 or other equivalent methods approved by the Control Officer and the Administrator, maintain at least 70% of the optimum soil moisture content; or

c. Maintain a visible crust; or

d. Implement the c ontrol m e asure des cribed i n Section 305.5(b) or in Section 305.5(c) of this rule and construct and maintain w ind bar riers, storage s ilos, or a t hree

- sided enclosure with walls, whose length is no l ess than equal to the l ength of t he pi le, w hose di stance f rom the pi le i s no more than twice the height of the pile, whose height is equal to the pile height, and whose porosity is no more than 50%. In Rule 310 ( adopted 20 10), Section 305.5 is the same as

Table 12 i n S IP -a pproved R ule 310 ( adopted 2004) . However, i n R ule 3 10 ( adopted 2010) , r e

- formatted the control measures f or open s torage pi les, s o t hat c ontrol measures ar e i dentified “ when not” c onducting s tacki ng, loading, and unl oading; Deleted Rule 310 ( adopted 2010) , Section 305. 5(a) r egarding c ontrol m easures for pr ior t o and/or while stacking, loading, and unloading, because such control measures are addressed in Rule 310 (adopted 2010), Section 305.4.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

78. Table 13

- Bulk Material Ha uling/Transporting Within The Boundaries Of The Work Site When Crossing A Paved Area Accessible To The Public While Construction Is Underway

a. An owner and/or operator must implement one of the following

control measures:

1. Load all haul trucks such tha t the freeboard is not less than 3 inches when crossing a paved area accessible to the public while construction is underway;

2 . Prevent spillage or loss o f bu lk material from ho les or o ther openings i n the c argo c ompartment's f loor, s ides, and/or tailgate (s);

3. Install a suitable t rackout control dev ice t hat c ontrols and prevents trackout and/or removes particulate matter from tires

and the exterior surfaces of haul trucks and/or motor vehicles that

traverse such work site.

b. Suggested additional control measure for contingency plans:

1. Limit vehicle speeds to 15 mph on the work site. 305 .3 Bulk Material Hauling/Transporting When On

- Site Hauling/Transporting Within the Boundaries of the Work Site and Crossing and/or Accessing an Area Accessible

to the Pu blic: The owner and/or operator of a dust

generating oper ation t hat i nvolves bul k material hauling/transporting w hen on

- site haul ing/ t ransporting within t he boundar ies of t he work site and c rossing and/ or accessing an ar ea accessible to the public shall i mplement all of the following control measures:

a. Load al l haul t rucks such that t he f reeboard i s no t l ess than three inches;

b. Load all haul trucks such that at no time shall the highest point of the bulk material be higher than the sides, front, and

ba ck of a cargo container area;

c. Prevent spillage or loss of bulk material from holes or other openi ngs i n the cargo c ompartment’s floor, s ides, and/or tailgate(s); and

d. When crossing and/ or ac cessing an ar ea ac cessible t o the public, i nstall, m aintain, and us e a s uitable trackout control dev ice t hat c ontrols and pr events t rackout and/ or removes par ticulate matter f rom t ires and the ex terior

surfaces o f haul t rucks and/ or motor v ehicles that traverse

the site. In Rule 310 ( adopted 20 10), Section 30 5 .3 is th e same as Table 13 in S IP

- approved R ule 310 ( adopted 2004) . However, Section 305.3 added an additional control

measure – load all haul trucks such that at no time shall the highest point of the bulk material be hi gher than the sides, front, and back of a cargo container area

.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

79

. Table 14

- Bulk Material Hauling/ Transporting Within The

Boundaries Of The Work Site But not Crossing A Paved

Area Accessible To The Public: a. A n owner and/or operator must implement one of the following control measures:

1. Limit vehicular speeds to 15 mph or less while traveling on the work site;

2. Apply water to the top of the load in compliance with Section 301 of this rule;

3 . Cover haul trucks with a tarp or other suitable closure. 305 .2 Bulk Material Hauling/Transporting When On

- Site Hauling/Transporting Within the Boundaries of the Work Site but not Crossing an Area Accessible to the Public: The ow ner and/ or oper ator of a dust

- generating o peration that involves bulk material hauling/transporting when on

- site hauling/transporting w ithin t he bo undaries of the w ork s ite but not c rossing an ar ea ac cessible t o t he publ ic shall implement one of the following control measures:

a. Limit vehicle s pe ed to 15 miles per hour or l ess w hile traveling on the work site;

b. Apply water to the top of the load; or

c. Cover haul trucks with a tarp or other suitable closure. In Rule 310 ( adopted 20 10), Section 30 5

. 2 is th e same as Table 14 in S IP

- approved R ule 3 10 ( adopted 2004) . However, Section 305.2 provides for the implementation of one of three control measures: tarping, wetting the load, or limiting vehicle speed.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

80. Table 15 - Bulk Material Hauling/Transporting Off

- Site Hauling/Transporting Onto Paved Areas Accessible To

The Public

a. An owner and/or operator must implement all of the following control measures:

1. Cover haul trucks with a tarp or other suitable closure;

2. Load all haul trucks such that the freeboard is not less than 3 inches;

3. Prevent spillage or loss of bulk material from holes or other openings in the cargo compartment’s floor, sides, and/or tailgate(s); and

4. Before t he e mpty haul t ruck l eaves t he s i te, c lean the interior of t he cargo compartment or cover t he c argo compartment. 305.1 Off

- Site Hauling onto Areas Accessible to the

Public : T he ow ner and/ or oper ator of a dus t

- generating operation t hat i nvolves of f

- site h auling s hall i mplement the

followin g control measures:

a. When cargo compartment is loaded: (1) Load al l haul trucks such t hat t he freeboard i s not less than three inches; (2) Load all haul trucks such that at no time shall the highest point of the bulk material be higher than the sides, front, and back of a cargo container area; (3) Prevent s pillage or l oss of b ulk material f rom hol es or other openi ngs i n the cargo c ompartment’s floor, s ides, and/or tailgate(s); and (4) Cover t he c argo c ompartment w ith a t arp or ot her

suitable closure.

b. W hen cargo compartment is empty: In Rule 310 ( adopted 20 10), Section 305.1 is the same as

Table 15 i n S IP

- approved R ule 310 ( adopted 2 004). However, in Rule 310 (adopted 2010), Section 305.1, adds a requirement t o install, maintain, a nd us e a t rackout c ontrol

device and adds an additional control measure
– load all haul trucks such that at no time shall the highest point of the

bulk mate rial be hi gher than the sides, front, and bac k of a cargo container area

.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

(1) Clean the interior of the cargo compartment; or (2) Cover t he c argo c ompartment w ith a t arp or ot her

suitable closure.

c. When off

- site hauling, install, maintain, and use a suitable

trackout c ontrol device t hat controls and prevents t rackout and/or removes particulate matter from tires and the exterior

surfaces o f haul t rucks and/ or motor v ehicles that traverse

the site.

81. Table 16

- Clean Up Of Trackout, Carry Out, Spillage, And

Erosion

a. An ow ner and/ or oper ator must i mplement one of t he following control measures:

1. Operate a street sweeper or wet broom with sufficient water, at t he s peed r ecommended by t he m anufacturer and at t he frequency(ies) described in Section 308.3 of this rule; or

2. Manually s weep up de posits in c ompliance w ith S ection

308.3 of this rule. 306 TRACKOUT, CARRY

- OUT, SPILLAGE, AND/OR

EROSION: The owner and/or operator of a dus t

- generating operation s hall pr event and c ontrol t rackout, carry

- out, spillage, and/or erosion.

306.1 Trackout Contro l Device:

a. Criterion for Trackout Control Device : Install, maintain and use a suitable trackout control device that prevents and controls t rackout and/ or r emoves par ticulate matter f rom

tires and t he ex terior s urfaces of haul t rucks and /or motor

vehicles that traverse the site at all exits onto paved areas accessible to the public from both of the following: (1) All work sites with a di sturbed surface area of two acres or larger, and (2) All w ork s ites w here 100 c ubic y ards of bul k materials

are hauled on

- site and/or off

- site per day.

b. Control Measures: For t hose work s ites i dentified i n Section 306. 1(a) of t his r ule, pr event t rackout, carry

- out, spillage, and/or erosion by implementing one of the following

control measures: (1) At al l e xits ont o pav ed a reas ac cessible t o t he publ ic, install a wheel wash system; (2) At al l e xits ont o pav ed ar eas ac cessible t o t he publ ic, install a gravel pad to comply with Section 217 of this rule; (3) At al l e xits ont o pav ed ar eas ac cessible t o t he publ ic, install a gr izzly or r umble gr ate t hat c onsists o f r aised dividers (rails, pipes, or grates) a m inimum of three inches tall, six inches apart, and 20 feet long, to allow a vibration to be pr oduced s uch t hat dus t i s s haken of f t he w heels of a

vehicle as the entire circum ference of each wheel of the vehicle passes over the grizzly or rumble grate; or (4) Pave starting from the point of intersection with a pav ed area accessible to the public and extending for a c enterline

distance of at least 100 feet and a width of at least 20 feet.

306.2 Clean Up of Trackout:

a. Criterion for Clean Up of Trackout: Clean up, trackout,

carry

- out, spillage, and/or erosion from paved areas accessible t o t he publ ic i ncluding c urbs, gut ters, and sidewalks, on the following time

- schedule: (1) Im mediately, w hen t rackout, carry

- out, or s pillage extends a cumulative distance of 25 linear feet or more; and (2) At t he end of t he workday, f or al l ot her t rackout, carry

out, spillage, and/or erosion.

b. Control Measures: In Rule 310 (adopted 2010), Section 306.2(b) is the same as

Table 16 in SIP

- approved Rule 310 (adopted 2004).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

(1) Operate a s treet s weeper or w et br oom w ith s ufficient water, i ncluding but not l imited t o k ick br oom, s teel br istle broom, Teflon broom, vacuum, at the speed recommended by the manufacturer and at the frequency(ies) described in this section of this rule; or (2) Manually sweep up deposits to comply with this section

of this rule.

82. Table 17

- Trackout Control

a. An owner and/or operator must implement all of the following control measures:

1. Immediately clean up trackout that exceeds 50 feet. All other trackout must be cleaned up at the end o f the workday;

and

2. In ac cordance with S ection 3 08.3(a), pr event trackout by implementing one of the following control measures:

i. At all access points, install a grizzly or wheel wash system.

ii. At al l ac cess poi nts, i nstall a gr avel p ad at l east 30 f eet wide, 50 feet long, and 6 inches deep, in compliance with

Section 213 of this rule.

iii. Pave s tarting f rom t he poi nt of i ntersection w ith a pav ed area ac cessible to t he publ ic and e xtending f or a c enterline

distance of at least 100 feet and a width of at least 20 feet.

b. Suggested additional c ontrol measures f or contingency plans:

1. Clearly establish and enf orce traffic patterns to route traffic

over selected trackout control devices.

2. Limit site accessibility to routes with trackout control devices in place by installing effective barriers on unprotected routes.

3. Pave construction activity roadways as soon as possible. 306 TRACKOUT, CARRY

- OUT, SPILLAGE, AND/OR

EROSION: The owner and/or operator of a dus t

- generating operation s hall pr event and c ontrol t rackout, carry

- out, spillage, and/or erosion.

306.1 Trackout Control Device:

a. Criterion for Trackout Control Device : Install, maintain and use a suitable trackout control device that prevents and controls t rackout and/ or r emoves par ticulate matter f rom

tires and t he ex terior s urfaces of haul t rucks and/or m otor vehicles that traverse the site at all exits onto paved areas accessible to the public from both of the following: (1) All work sites with a di sturbed surface area of two acres or larger, and (2) All w ork s ites w here 100 c ubic y ards of bul k m aterials

are hauled on

- site and/or off

- site per day.

b. Control Measures: For t hose work s ites i dentified i n Section 306. 1(a) of t his r ule, pr event t rackout, carry

- out, spillage, and/or erosion by implementing one of the following

control measures: (1) At all e xits ont o pav ed ar eas ac cessible t o t he publ ic, install a wheel wash system; (2) At al l e xits ont o pav ed ar eas ac cessible t o t he publ ic, install a gravel pad to comply with Section 217 of this rule; (3) At al l e xits ont o pav ed ar eas ac cessible t o t he public, install a gr izzly or r umble gr ate t hat c onsists o f r aised dividers (rails, pipes, or grates) a m inimum of three inches tall, six inches apart, and 20 feet long, to allow a vibration to be pr oduced s uch t hat dus t i s s haken of f t he w heels of a

vehicl e as the entire circumference of each wheel of the vehicle passes over the grizzly or rumble grate; or (4) Pave starting from the point of intersection with a pav ed area accessible to the public and extending for a c enterline

distance of at least 100 feet and a width of at least 20 feet.

306.2 Clean Up of Trackout:

a. Criterion for Clean Up of Trackout: Clean up, trackout,

carry

- out, spillage, and/or erosion from paved areas accessible t o t he publ ic i ncluding c urbs, gut ters, and sidewalks, on the following time

- schedule: (1) Immediately, w hen t rackout, carry

- out, or s pillage extends a cumulative distance of 25 linear feet or more; and (2) At t he end of t he workday, f or al l ot her t rackout, carry

out, spillage, and/or erosion.

b. Control Measures: (1) Operate a s treet s weeper or w et br oom w ith s ufficient In Rule 310 (adopted 2010), Sections 306 .1(b) and 306.2(a)

are the s ame as Table 17 in SIP

- approved Rule 310 (adopted 2004) . However, i n R ule 310 ( adopted 2010) ,

Section 306 .2(a) includes the following revised or additional provisions: • “ Immediately c lean up t rackout w hen i t ex tends a

cumulative distance of 25 l inear feet or m ore onto an ar ea accessible t o t he publ ic i ncluding c urbs, gut ters, and sidewalks” i s r equired i nstead of “ immedia tely c leaning up

trackout when it exceeds 50 feet ”. • “ At al l e xits ont o ar eas ac cessible t o t he publ ic, i nstall a wheel wash system” and “ at all exits onto areas accessible to t he public, install a grizzly or r umble gr ate” is r equired instead of “at all access points, install a grizzly or wheel wash system”. • “ Operate a s treet sweeper...or manually s weep up deposits...” is required.

In SIP

- approved Rule 310 (adopted 2004), Table 17, Item b lists suggested additional control measures for contingency plans. T h ese measures ar e n ot i ncluded i n R ule 310 (adopted 2010) but r ather ar e i ncluded i n the dus t control permit application.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

water, i ncluding but not l imited t o k ick br oom, s teel br istle broom, Teflon broom, vacuum, at the speed recommended by the manufacturer and at the frequency(ies) described in this section of this rule; or (2) Manually sweep up deposits to comply with this section

of this rule.

83. Table 18

- Weed Abatement By Discing Or Blading

a. An owner and/or operator must implement all of the following

control measures:

1. Pre

- water site;

2. Apply water while weed abatement by discing or blading is occurring; and

3. Stabilize area by implementing either one of the following:

i. Pave, apply gravel, apply water, or apply a suitable dust suppressant, i n compliance w ith S ection 302. 3 o f t his r ule, after weed abatement by discing or blading occurs; or

ii. Establish v egetative gr ound c over i n s ufficient quant ity, i n compliance w ith S ection 302. 3 o f t his r ule, a fter w eed abatement by discing or blading occurs.

b. Suggested addi tional control m easures for c ontingency plans:

1. Limit vehicle speeds to 15 m ph during discing and bl ading operations. 305 .8 Weed Abatement by Discing or Blading: The owner

a nd/or operator of a dus t

- generating operation that involves weed abatement by discing or blading shall comply with all of the following control measures:

a. Before w eed abat ement by di scing or bl ading oc curs, apply water;

b. While weed abatement by discing or blading is occurring, apply water; and

c. After weed abatement by discing or blading occurs, pave, apply gravel, apply water, apply a suitable dust suppressant other than water, or establish vegetative ground cover. In Rule 310 ( adopted 20 10), Section 305.8 is the same as

Table 18 in SIP

- approved Rule 310 (adopted 2004).

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

84. Table 19

- Easements, Rights

- Of

- Way, And Access Roads For Utilities (Electricity, Natural Gas, Oi l, Water, And Gas Transmission) Associated With Sources That Have A Non

Title V Permit, A Title V Permit, And/Or A General Permit

Under These Rules

a. An ow ner and/ or oper ator m ust i mplement one of t he following control measures:

1. Inside the PM 10 nonatta inment area, restrict vehicular speeds to 15 mph and v ehicular trips to no more than 20 per day per road;

2. Outside the PM 10 nonattainment area, restrict vehicular trips to no more than 20 per day per road; or

3. Implement c ontrol measures, as des cribed i n T able 3 (Unpaved Haul/Access Roads) of this rule.

Note: For Tables 20 & 21, control measures in [brackets] are to be appl ied onl y t o du st gener ating oper ations ou tside t he

nonattainment area. 305 .12 Easements, Rights

- of

- Way, and Access Roads

for Utiliti es (Transmission of Electricity, Natural Gas, Oil, Water, and Gas) Associated With Sources That Have

a Non

- Title V Permit, a Title V Permit, and/or a General

Permit Under These Rules: The owner and/or operator of a

dust

- generating operation that involves an easement, right

of

- way, and ac cess r oad f or ut ilities ( transmission of electricity, nat ural gas, oi l, water, and gas ) associated with sources that have a Title V permit, a Non

- Title V permit, and/or a G eneral permit under t hese r ules s hall implement at least one of the following control measures:

a. Inside Area A, limit vehicle speed to 15 miles per hour or less and vehicle trips to no more than 20 per day per road;

b. Outside Area A, limit vehicle trips to no more than 20 per day per road; or

c. Implemen t c ontrol m easures described in S ection 305.7

of this rule. In Rule 310 ( adopted 2010), Section 305.12 is the same as

Table 19 i n S IP

- approved R ule 310 ( adopted 2004) . However, in Rule 310 (adopted 2010), Section 305.12 refers

to “Area A” instead of “PM 10 nonattainment area”.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).

85. Table 20

- Wind Event Control Measures

- Dust Generating Operations

a. An ow ner and/ or oper ator m ust i mplement one of t he following control measures:

1. Cease dust gener ating operations for t he dur ation of the

condition/situation/event w hen t he 60

- minute av erage w ind speed is greater than 25 mph and if dust generating operations are c eased f or the r emainder of the work day, stabilize the

area; 2. Apply water or other suitable dust suppressant at least twice [once] per hour, in compliance with Section 301 of this rule; 303 .2 Exemptions from Dust

- Generating Operation Visible Emissions Requirement:

a. If wind conditions cause fugitive dust emissions to exceed the visible emissions requirements in Section 303.1(a) of this r ule, des pite i mplementation of t he D ust C ontrol P lan, an owner and/or operator shall: (1) Ensure that all control measures and requi rements of the Dust C ontrol P lan ar e i mplemented and the s ubject violations cannot be prevented by better application, operation, or maintenance o f t hese measures and requirements. In Rule 310 (adopted 2010), Section 303.2(a) is the sa me as Tables 20 and 21 in SIP

- approved Rule 310 (adopted 2004).

In Rule 310 ( adopted 2010), Section 303.2(a) includes text, which is similar to Clark County Rule 94.9.3, which exempts

a dust

- generating operation from the 20% opacity requirement as long as the following conditions are met: (1) All control measures and r equirements of t he Dust Control Plan are implemented and the subject violations cannot be prevented by bet ter appl ication, operation, or maintenance of these measures and requirements; (2) Ce ase dust

A. B. C.

SIP

- Approved Rule 310 Adopted April 7, 2004 Rule 310 Adopted January 27, 2010 Explanation : How Column B Rela tes To Column A

3. Apply w ater as nec essary t o m aintain a s oil m oisture content at a minimum of 12%, as determined by ASTM Method

D2216

- 98 or ot her equi valent m ethod as appr oved by t he

Control Officer and the Administrator of EPA. F or areas that have an optimum moisture content for compaction of less than 12%, as determined by ASTM Method D1557

- 91 (1998) or other equivalent m ethod approved by the Control Officer and the Administrator of EPA, maintain at least 70% of the optimum soil moisture content; or

4. Implement ( a)(2) or ( a)(3), abo ve, and c onstruct fences or

three

- foot to fi ve

- foot hi gh w ind bar riers with 50% or l ess porosity adj acent to r oadways or urban ar eas t o r educe t he

amount of wind

- blown material leaving a site.

Table 21 - Wind Event Control Measures

- Temporary Disturbed Surface Areas (After Work Hours, Weekends, Holidays)

a. An ow ner and/ or oper ator m ust i mplement one of t he following control measures: 1. Uniformly appl y and maintain s urface gr avel or dus t suppressants, in compliance with Section 302.3 of this rule;

2. Apply water to all disturbed surface areas 3 times per day. If there is any evidence of wind

- blown dust, increase watering

fr equency to a minimum of 4 times per day;

3. Apply water on open storage piles at least twice [once] per hour, in compliance with Section 302.3 of this rule; or

4. Cover open s torage pi les with tarps, plastic, or ot her

material such that wind will not remov e the covering(s).

b. Suggested addi tional control m easures for c ontingency plans:

1. Implement a combination of the control m easures listed in (a)(1) through (a)(4), above. (2) Cease dust

- generating operations and stabilize any

disturbed surface ar ea consistent with Section 304.3 of this

rule. (3) Compile records consistent with Sections 502 and 503 of

this r ule and doc ument control measure and ot her D ust Control Plan requirement implementation. generating operations and stabilize any disturbed surface

area consistent with the disturbed surface area stabilization requirements of Rule 310 ( adopted 2010); and ( 3) Compile records consistent w ith t he r ecordkeeping r equirements of Rule 310 ( adopted 2010 ). T he i ntent of t he r eplacement language is to require escalating controls as winds increase. Ceasing operations is the ultimate control when all else fails.

Rule 310 ( adopted 2 010) i s as s tringent a s S IP

- approved Rule 310 (adopted 2004).