______________________________________________________________________________

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

Stringent as SIP–Approved Rule 310

Page 320 of 720
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-approved 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 32). 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 Relates 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 PM10 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 (PM10) 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 PM10

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

entrained into distinguishes the emissions as PM

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 

particulate 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 provisions of this rule shall apply 

to al l dus t-generating oper ations ex cept f or t hose dus tgenerating 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) . 

However, 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 

requirements 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 rules.

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 -traditional 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 Rule 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, “non-traditional s ource” i s def ined i n 

Rule 310 (adopted 2010) , Section 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).

Rule 310 (adopted 2010), Section 103.3 was not included in 

Page 321 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 soil 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 andscape 

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-approved 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 

exemption 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) guidance. 

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 tringent 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 akes 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 

Maricopa 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) includes the definition of “Area A”; 

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

49-541(l). SIP-approved Rule 310 (adopted 2004) did not 

include 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 parking 202 AREA ACCESSIBLE TO THE PUBLIC: Any pav ed The definition of “area accessible to the public” in Rule 310 

Page 322 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 dustgenerating 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 

(adopted 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-approved 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).

Page 323 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates To Column A

203.21 Fluff from shredders.

203.22 Dry concrete.

8.

203 BULK MATERIAL HANDLING, STORAGE, AND/OR 

TRANSPORTING OPERATION: 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 dust.

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 Unloading.

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 

different format than the definition of “bulk material handling, 

storage, and/or transporting 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).

9.

204 CONTROL MEASURE: A t echnique, 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 speeds 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 Appropriately 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 Physically 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 Limiting 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 Installing 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 beds, 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 

modified 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 sentence 

Page 324 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 surface 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, accessory, 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, 

equipment, 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 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).

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 2010), the definition of “Dust Control 

Plan” is more specific than the definition of “Dust C ontrol 

Plan” 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).

13.

208 DUST GENERATING OPERATION: 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 ehicle 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 ation. 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 

capable 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 Operation 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-generating 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 tgenerating 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-approved Rule 310 (adopted 

2004).

Page 325 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 fugitive dust emissions.

Environmental 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 uch 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 andfill 

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 

“earthmoving 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 situation 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 2004).

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 “emergency 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 (adopted 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 ncludes 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-approved 

Page 326 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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.

215 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 

(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).

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 exhaust 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 ule 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).

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 (adopted 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 ntended 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, dirt, 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-approved Rule 310 (adopted 2004).

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

Rule 310 (adopted 2004).

23.

215 HAUL TRUCK: Any fully or partially open-bodied selfpropelled 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 elfpropelled vehicle including any non-motorized attachments, 

such as, but not limited to, trailers or other conveyances that 

are c onnected t o or propelled 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-approved Rule 310 (adopted 

2004).

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

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-approved Rule 310 (adopted 

Page 327 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 PRACTICE: 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-approved 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, off-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-approved 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 operated 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, 

governmental, 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 NonTraditional 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 SIPapproved 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 (adopted 2010), to make the definition of “owner 

and/or operator” more specific, deleted “responsible for 

obtaining an earthmoving permit under Rule 200, Section 

Page 328 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates To Column A

supervises a dust generating 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 added “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 2004).

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 

improve 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-approved 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 micrometers 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) 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).

35.

225 TRACKOUT/CARRYOUT: Any and al l bulk materials that 

adhere to and agglomerate on t he surfaces of motor vehicles, 

haul 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 cessible to t he 

Page 329 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 vehicular 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 accessible 

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-approved 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 

square 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-approved 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-Traditional 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 310 

Page 330 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 onTraditional Sources 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 onTraditional Sources Of Fugitive Dust.

Rule 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 

disturbed 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-approved 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 301.1 of SIP-approved Rule 310 (adopted 2004)) 

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 tgenerating 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 “ dustgenerating oper ation” includes ear thmoving oper ations, 

“earthmoving operations” was redundant.

Page 331 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 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 hall 

constitute a violation.

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

section – Section 301 . S IP-approved 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-approved 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 

disturbs 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 the 

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 hat 

equals or exceeds 0.10 acre.

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

Rule 310 (adopted 2004).

Page 332 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 

deems 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 ceedance 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 occurrence 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 

and dev elopment f acilities and oper ations w hen dus t i s 

303 VISIBLE EMISSIONS REQUIREMENTS FOR DUSTGENERATING OPERATIONS:

303.1 Dust-Generating Operation Visible Emissions 

Requirement: T he ow ner and/ or oper ator of a dus tgenerating 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 mplementation 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 measures 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-approved 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 dustgenerating 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.

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

Section 301.2 in SIP-approved Rule 310 (adopted 2004).

Page 333 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 channels 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 integrity, 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 commercial 

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 requirement in 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 refuse 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 Section 303.2(a) of this rule.

In R ule 310 ( adopted 2010) , S ection 303. 2(c) includes t he 

following provisions, which SIP-approved Rule 310 (adopted 

2004), S ection 301. 3 did 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 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, during 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 

nuisance. 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 Unpaved 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 REQUIREMENTS FOR DUSTGENERATING 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/ft2

. However, if silt 

loading is equal to or greater than 0.33 oz/ft2

,

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-approved 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 the same as 

Page 334 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 size 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/ft2. However, if silt loading is equal to or greater 

than 0.33 oz /ft2

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 activity 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 epresentative 

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 considered 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 310 (adopted 2004). 

However, R ule 310 ( adopted 201 0), S ection 304. 3 clarifies 

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 

“soil” 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 

following provisions, which SIP-approved Rule 310 (adopted 

2004), S ection 302. 4 did 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).

Page 335 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 the 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 egulation II ( Permits 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 before, 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 

Officer 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 deemed 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 dustgenerating 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.

402.2The 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 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 

In Rule 310 (adopted 2010), Sections 402.1 and 402.2 are

the same a s Section 303. 1 i n SIP-approved R ule 310 

(adopted 2004) . A lso, the s econd t o l ast s entence i n S IPapproved Rule 310 ( adopted 20 04), w hich s tates

“Compliance w ith t his section d oes not af fect an ow ner 

and/or oper ator’s r esponsibility to c omply w ith the ot her 

standards 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). 

However, 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 soil 

Page 336 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 the 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 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 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 ontrol measures and at least one 

contingency control measure must be i dentified for all dustgenerating 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 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 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 103.4

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

Rule 310 (adopted 2004).

Page 337 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 to 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 

comply 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 rule.

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:

402.2The 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 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 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 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 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 control measures and at least one 

contingency control measure must be i dentified for all dustgenerating operations.

In R ule 310 (adopted 2010 ), S ections 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 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.

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

Rule 310 (adopted 2004).

Page 338 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 applied, 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 

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, 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.

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 tgenerating 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 (adopted 2004).

Page 339 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 

Officer 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 approved 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 tgenerating 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 

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 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 DUSTGENERATING 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 conducting 

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-approved Rule 310 (adopted 2004).

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

Rule 310 (adopted 2004).

Page 340 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 this 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 hall 

constitute a violation.

54.

307 PROJECT INFORMATION SIGN: For 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 PROJECT INFORMATION SIGN FOR DUSTGENERATING 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”. 

• “Such that members of the public can easily view and read 

the sign at all t imes” is used instead of “ readable by the 

public”. 

• “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 (adopted 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-generating 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 

weekends, 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-approved 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) include:

• 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 prevents 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 closure.

• Immediately c lean-up trackout w hen i t ex tends a 

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Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 The 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 events 

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 with 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) Immediately, 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 

operator 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, Natural Gas, Oil, Water, and Gas 

Transmission) Associated with Sources that have a NonTitle 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 PM10 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 loor, 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 closure.

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 

the 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 dustgenerating 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 control 

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 - as 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 adds 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 s 

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Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates To Column A

b. Outside the PM10 nonattainment area, restrict vehicular trips 

to no more than 20 per day per road; or

c. Implement 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 

approved 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 oading 

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 her 

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 aintain 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, carryout, 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 her 

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:

• “ 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 “ 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 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 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 “Area A” instead of “PM10 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 control 

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SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 

abatement 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.

305.12 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 and/or operator of a 

dust-generating operation that involves an eas ement, rightof-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. 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 covering(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 

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 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).

Page 344 of 720
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SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 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 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 Officer.

b. The following persons present at a site that is subject to a 

permit issued by the Control Officer requiring control of PM10

(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 successfully complete the Basic 

Dust C ontrol T raining C lass, i f t he t raining that w as 

completed was conducted or 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 Senate Bill 1552 t hat mandate t raining and r equire a Dust Coordinator 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 ith 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 2 010) i s as s tringent a s S IP-approved 

Rule 310 (adopted 2004).

Page 345 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates To Column A

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 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 uccessfully 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 M10

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 

managing 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 Control Coordinator shall have a valid dust 

Rule 310 ( adopted 2010 ) i ncorporates the pr ovisions o f Senate Bill 1552 t hat mandate t raining and r equire a D ust Coordinator 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 ith 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).

Page 346 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates To Column A

training certification identification card readily accessible onsite while acting as a Dust Control Coordinator.

310.6 The requirement for a Dust Control Coordinator shall 

lapse when all of the following actions/events/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) . 

However, 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.

Rule 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 listed 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 limited 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 type of 

activities, location, and size of each site to be covered by the 

block permit.

Page 347 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 

square 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 ontrol 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 site 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 APPLICATIONS 

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 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).

Page 348 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 rule.

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 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).

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 Earthmoving 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 onTitle 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 this 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 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.

410 COMPLIANCE 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 amended 

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 403.3 is the same as 

Section 402 in SIP-approved Rule 310 (adopted 2004).

Rule 310 ( adopted 2010) al so i ncludes a compliance 

schedule for training requirements – in Section 410. SIPapproved 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).

Page 349 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 

control 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 tgenerating 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 DETERMINATION: 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 accordance 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:

Stabilization 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 pacity 

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 

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 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 for 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 constitute 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 tandard – 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).

Page 350 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 tabilizationVisible 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 tabilizationDetermination 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 orrected 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 tabilizationDetermination 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 tabilizationDetermination 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 tabilizationDetermination 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 nonerodible elements; or

(6) Appendix C , S ection 2. 7 ( Test M ethods For S tabilizationRock 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 sturbed 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 over ( 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 rackout 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 hall 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 clarifies 

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 of 

Page 351 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 

applications, 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 requency, 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 mplementation 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 fficer 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 elfinspections 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 

Section 94: Permitting A nd Dust Control For 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, and 

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 date 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 

documentation 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 hen 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 of 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 PA 

Page 352 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 nd 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 or 

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 Characteristics of Soil Using Modified 

Effort (56,000 ft-lbf/ft3 (2,700 kN-m/m3

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. Install ph ysical b arriers such as c urbs, fences, g ates, pos ts, 

signs, shrubs, and/or trees to prevent access to the area.

Table 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 Maricopa C ounty Rule 310.01: Fugitive 

Dust From Non-Traditional 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 of 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. Suggested 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 involves 

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 

water 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 Section 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 

control 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 be 

Page 353 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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.

restricted 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 acent or near by u ndisturbed 

native conditions.

Table 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 onTraditional 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 

measures:

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 determined 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 her 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 Surface Areas – Temporary Stabilization 

305.11 Disturbed Surface Areas: The ow ner and/ or 

operator of a dust-generating 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 lowing 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 imum 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 

areas 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 the 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 tgenerating 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).

Page 354 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 apply 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 hall 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 

sufficient 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 2004). 

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 2004)) was deleted. However, 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).

Page 355 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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. Suggested 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 dustgenerating 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 

phrases (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 

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 covering(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 

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 easure 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-approved 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 tacking, 

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).

Page 356 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates To Column A

78. 

Table 13 - Bulk Material Hauling/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 that 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 Public: The owner and/or operator of a dustgenerating 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 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 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 305.3 is the 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. An 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 peed 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 305.2 is the 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 ite, 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 

following 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. When 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 material 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).

Page 357 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 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 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 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, carryout, 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).

Page 358 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 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 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 

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 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, carryout, 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 “immediately 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 hese 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).

Page 359 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 

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.

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, Oil, Water, And Gas 

Transmission) Associated With Sources That Have A NonTitle 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 PM10 nonattainment area, restrict vehicular 

speeds to 15 mph and v ehicular trips to no more than 20 per 

day per road;

2. Outside the PM10 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 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 and/or operator of a 

dust-generating operation that involves an easement, rightof-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. Implement 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 “PM10 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 requirements 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 same 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) Cease dustPage 360 of 720
A. B. C.

SIP-Approved Rule 310

Adopted April 7, 2004

Rule 310

Adopted January 27, 2010

Explanation: 

How Column B Relates 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 

frequency 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 remove 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 area 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).

Page 361 of 720