Revised 07/13/88 Repealed and Adopted 11/15/93

Revised 02/15/95

Revised 06/19/96

Revised 05/20/98

Revised 08/22/01

Revised 03/26/08

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION II

– PERMITS AND FEES

RULE 200 PERMIT REQUIREMENTS

SECTION 100

– GENERAL

101 PURPOSE: To provide an orderly procedure for the review of new sources of air pollution and for the modification and operation of existing sources through the issuance of permits.

SECTION 200

– DEFINITIONS (NOT APPLICABLE)

See Rule 10 0 (General Provisions and Definitions) of these rules for definitions of terms that are used but not specifically defined in this rule.

SECTION 300

– STANDARDS

301 PERMITS REQUIRED : Except as otherwise provided in these rules, no person shall commence

co nstruction of, operate, or make a modification to any source subject to regulation under this rule

these rules , without first obtaining a permit or permit revision from the Control Officer. The Maricopa County Air Quality Department issues the following pe rmits: Title V permits, Non

- Title V permits, General permits, Dust Control permits, and Permits To Burn. The standards and/or requirements for these permits are described in Section 302 thru Section 305 and Section 307 of this rule. Additional standards, a dministrative requirements, and monitoring and records requirements for some of these permits are described in individual rules of these rules, as applicable/as specified in Section 302 thru Section 305 and Section 307 of this rule.

302 TITLE V PERMIT : A Title V permit or, in the case of an existing permitted source, a permit revision shall be required for a person to commence construction of, to operate, or to modify any of the following:

302.1 Any major source as defined in Rule 100 of these rules.

302 .2 Any solid waste incineration unit required to obtain a permit pursuant to Section 129(e)

of the Act.

302.3 Any affected source as defined in Rule 100 of these rules.

302.4 Any source in a source category designated by the Administrator pursuant to 40 CFR 70.3 and adopted by the Board of Supervisors by rule.

303 NON

- TITLE V PERMIT: Unless a Title V permit or a permit revision is required, a Non

- Title V permit or permit revision shall be required for:

303.1 A person to make a modification to a source w hich would cause it to emit or to have the potential to emit quantities of regulated air pollutants greater than those specified in subsections 303.2 and 303.3(c) of this rule.303.2 A person to commence construction of or to modify either of the followin g after rules adopted pursuant to A.R.S. § 4 9- 480.04 are effective:

a. A source that emits or has the potential to emit with controls ten tons per year or more of a hazardous air pollutant or 25 tons per year or more of any combination of hazardous air po llutants designated by the Director pursuant to Rule 372 (Maricopa County Hazardous Air Pollutants (HAPs) Program) of these rules and not listed in Section 112(b) of the Act.

b. A source that is within a category designated by the Director pursuant to Rul e 372 (Maricopa County Hazardous Air Pollutants (HAPs) Program) of these rules and that emits or has the potential to emit with controls at least one ton, but less than ten tons per year of a hazardous air pollutant or at least 2.5 tons, but less than 25 tons per year of any combination of hazardous air pollutants.

303.3 A person to commence construction of, to operate, or to modify any of the following:

a. Any source other than a major source, including an area source, subject to a standard, limitation, or other requirement under Section 111 of the Act.

b. Any source other than a major source, including an area source, subject to a standard or other requirement pursuant to Section 112 of the Act. However, a source is not required to obtain a permit solel y because it is subject to regulation or requirements pursuant to Section 112(r) of the Act.

c. Any source that emits or has the potential to emit, without control, regulated air pollutants, except the following sources to the extent which the described limits are not exceeded. However, any source that is exempt from obtaining a Non

- Title V permit according to this section shall still comply with all other applicable requirements of these rules.

(1) General Combustion Equipment:

(a) Any source with an ag gregated input capacity of less than 2,000,000 BTU per hour calculated by adding only those pieces of equipment over 300,000 BTU per hour with respect to fuel burning equipment fired with natural gas or liquefied petroleum gas.

(b) Any oil fueled heating equipment with a maximum rated input capacity or an aggregated input capacity of less than 500,000 BTU (527,200 kilojoules) per hour.

(2) Liquid Storage Tanks:

(a) Stationary storage tanks with a capacity of 250 gallons (946 liters) or less

used for stor ing organic liquids.

(b) Stationary storage tanks used for storing organic liquids with a true vapor pressure of 1.5 psia (77.5 mm Hg) or less.

(c) Pressure tanks and pressurized vessels used exclusively for the storage of liquefied gases.

(3) Surface C oating and Printing Equipment:(a) The aggregate of all surface coating operations of a source in which no coated product is heat cured and a combined total of one gallon per day or less of all coating materials and solvents are used.

(b) Application equ ipment for architectural surface coatings is used for commercial and residential applications.

(c) Any coating operation, which employs only hand

- held aerosol cans, where VOC emissions do not exceed three pounds on any single day.

(d) Any printing operation which employs a combination of printing presses with a maximum of 500 square inches (3226 cm 2 ) of impression area and a maximum of two units per printing press. For the purposes of this rule, "units" means the number of printing surfaces.

(4) Solvent Cleaning Equipment: Unheated, non

- conveyorized, cleaning or coating equipment that does not include control enclosures:

(a) With an open surface area of one square meter (10.8 square feet) or less and an internal volume of 350 liters (92.5 gallons) or les s, having an organic solvent loss of three gallons per day or less, or

(b) Using only organic solvents with an initial boiling point of 302°F (150°C) or greater and having an organic solvent loss of three gallons per day or less, or

(c) Using materials w ith a VOC content of two percent or less by volume (20 cubic centimeters per liter).

(5) Internal Combustion Equipment:

(a) Internal combustion engines with a manufacturer's maximum continuous rating of 50 horsepower or less or a maximum accumulative rat ing of 250 horsepower or less for engines used in the same process at one source.

(b) Internal combustion engines used solely as a source of unlimited standby power or emergency purposes and operated at or below 500 hours per year for routine testing and emergency standby operation for each internal combustion engine and provided such source demonstrates that the potential emissions at 500 hours of operation each of all internal combustion engines do not exceed 4,000 pounds of nitrogen oxides or carbon mon oxide per year as evidenced by an installed hour meter or written usage records maintained by the operator; and

(i) Are only used for power when normal power line service fails; or

(ii) Are only used for the emergency pumping of water.

(iii) This exempt ion does not apply to internal combustion engines used as standby power due to a voluntary reduction in power by the power

company.

(c) Engines used to propel motorized vehicles.(d) Gas turbines with a maximum heat input at IS0 Standard Day Conditions o f less than 3,000,000 BTU (3,162,000 kilojoules) per hour fired exclusively with natural gas and/or liquefied petroleum gas.

(e) Portable internal combustion engines used on a temporary basis of no more than 30 days per calendar year at any one facility.

(6) Food Equipment:

(a) Equipment, excluding boilers, used in eating establishments or other retail establishments for the purpose of preparing food for human consumption.

(b) Bakeries:

(i) Mixers and blenders used in bakeries where the products are ed ible and intended for human consumption.

(ii) Ovens at bakeries whose total production is less than 10,000 pounds (4,535 kg) per operating day.

(7) Miscellaneous:

(a) Diesel contaminated soil remediation projects, where no heat is applied.

(b) Self

- con tained, enclosed blast and shot peen equipment where the total internal volume of the blast section is 50 cubic feet or less and where any venting is done via pollution control equipment.

(c) Those laboratory acids which have both a pH above 1.5 and an ag gregate daily emission to ambient air of vapor/mists from all such acids not exceeding three pounds on any single day.

(d) Brazing or welding equipment.

(e) Hand soldering equipment.

(f) A source whose aggregate of all wood working equipment totals 50

h orsepower or less.

(g) Equipment used for buffing, carving, cutting, drilling, surface grinding, machining, planing, routing, sanding, sawing, shredding, or turning of ceramic artwork, precision parts, leather, metals, plastics, rubber, fiberboard, masonr y, carbon, graphite or glass.

(h) Refrigerant recovery equipment.

(i) Normal landscaping, building Building maintenance or janitorial activities.

(j) A source whose aggregate of all miscellaneous equipment, processes or production lines not otherwise identified in this section has total uncontrolled emissions of less than three pounds (1.4 kg) VOC or PM 10 during any day and less than 5.5 pounds (2.5 kg) of any other regulated air pollutant during any day.(k) A person to begin actual construction of a s ource subject to Rule 372 (Maricopa County Hazardous Air Pollutants (HAPs) Program) of these

rules.

(l) A person to make a modification to a source subject to Rule 372 (Maricopa County Hazardous Air Pollutants (HAPs) Program) of these rules.

304 GENERAL PERMIT: A General permit shall be required for a person to commence construction of, to operate, or to modify a source that is a member of a facility class for which a General permit has been developed pursuant to Rule 230 of these rules. The provisions of Rule 230 of these rules shall apply to General permits, except as otherwise provided in Rule 230 of these rules.

305 EARTH MOVING PERMIT DUST CONTROL PERMIT: No person shall cause, commence, suffer, allow, or engage in any earth moving operation that dis turbs a total surface area of 0.10 acre or more. without first obtaining a permit from the Control Officer. This requirement for a permit shall apply to all such activities conducted for commercial, industrial, or institutional purposes or conducted by any governmental entity. The property owner, lessee, developer, or general/prime contractor will be responsible for acquiring the permit. Permits shall not be required for earth moving operations for emergency repair of utilities, paved roads, unpaved roads, shoulders, and/or alleys. A Dust Control permit shall be required before a person, including but not limited to, the property owner, lessee, developer, responsible official, Dust Control permit applicant (who may also be the responsible party contracting t o do the work), general contractor, prime contractor, supervisor, management company, or any person who owns, leases, operates, controls, or supervises a dust generating operation subject to the requirements of Rule 310 of these rules, causes, commences, s uffers, allows, or engages in any dust generating operation that disturbs a total surface area of 0.10 acre (4,356 square feet) or more. The provisions of Rule 310 of these rules shall apply to Dust Control permits, except as otherwise provided in Rule 310 of

these rules.

305.1 Application: The applicant shall file an application, which includes an 81⁄2" x 11" site map showing all linear dimensions, and shall submit a control plan as described in Rule 310 of

these rules.

305.2 Annual Block Permit: Any perso n responsible for more than one earth moving operation consisting of routine operation, maintenance, and expansion or extension of utilities, paved roads, unpaved roads, road shoulders and/or alleys, and public right of ways at

non

- contiguous sites may sub mit one permit application covering multiple sites at which construction will commence within 12 months of permit issuance provided that:

a. The control plan as described in Rule 310 of these rules applies to all sites; and

b. The applicant submits a li st of all sites, including the location and size of each site, with the application; and

c. For any project not listed in the application, the applicant notifies the Control Officer in writing at least three working days prior to commencing the earth movi ng operation. The notice shall include the site location, size, type of activity, and start

date.

305.3 Action On Permit Application: The Control Officer shall take final action on an earth moving permit application within 14 calendar days of the filing o f the completed application. The Control Officer shall notify the applicant in writing of his approval or

denial.

305.4 Permit Term: Earth Moving permits issued pursuant to this rule shall be issued for a period of one year from the date of issuance.305 .5 Permit Renewal: Earth Moving permits shall be renewed annually should the project last longer than one year from the date the permit was issued. Applications for permit renewal shall be submitted to the Control Officer at least 14 calendar days prior to the expiration date of the original permit.

306 SUBCONTRACTOR REGISTRATION:

306.1 A subcontractor who is engaged in dust generating operations at a site that is subject to a permit that is issued by a Control Officer and that requires control of PM 10 em issions from dust generating operations shall register with the Control Officer by submitting information in the manner prescribed by the Control Officer. The Control Officer shall issue a registration number after payment of the fee. The Control Officer m ay establish and assess a fee for the registration based on the total cost of processing the registration and issuance of a registration number.

306.2 The subcontractor shall have its registration number readily accessible on

- site while conducting any dus t generating operations. The subcontractor’s registration number must be visible and readable by the public without having to be asked by the public (e.g., included/posted in a sign that is visible on the subcontractor’s vehicle or equipment, included/post ed on a sign that is visible in the window of the subcontractor’s vehicle or equipment, or included/posted on a sign where the subcontractor is working on the site).

306 307 PERMIT TO BURN : A permit is required for any open outdoor fire authorized under th e exceptions in A.R.S. 49

– 501 or Rule 314 of these rules.

307 308 EXEMPTIONS : Notwithstanding Sections 301, 302, and 303 of this rule, the following sources shall not require a permit, unless the source is a major source, or unless operation without a perm it

would result in a violation of the Act:

307.1 308.1 Sources subject to 40 CFR 60, Subpart AAA, Standards of Performance for New

Residential Wood Heaters.

307.2 308.2 Sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR 61.145.

307.3 308.3 Agricultural equipment used in normal farm operations. Agricultural equipment used in normal farm operations, for the purposes of this rule, does not include equipment that

would be classified as a source that would require a permit under Title V of the Act, or would be subject to a standard under 40 CFR parts 60 or 61.

308 309 STANDARDS FOR APPLICATIONS: All permit applications shall be filed in the manner and form prescribed by the Control Officer. The applic ation shall contain all the information necessary to enable the Control Officer to make the determination to 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 source's compliance with the requirements of these rules. The issuance of any permit or permit revision shall not relieve the owner or operator from compliance with any Federal laws, Arizona laws, or these rules, nor does any other law, regulation or permit re lieve the owner or operator from obtaining a permit or permit revision required under these rules.

308.1 309.1 Insignificant Activities:

a. Rather than supplying detailed information, a Title V source may, in its permit application, list and generally group insignificant activities, which are defined in

Rule 100

- General Provisions and Definitions of these rules and which are listed in Appendix D

- List of Insignificant Activities of these rules.b. A Non

- Title V source is not required to list nor to describe, in a permit application, insignificant activities, which are defined in Rule 100

- General Provisions and Definitions of these rules and which are listed in Appendix D

- List of Insignificant

Activities of these rules. If a Non

- Title V source’s emissions ar e approaching an applicable requirement, including but not limited to best available control technology (BACT) requirements or major source status, then such Non

- Title V source may be required by Maricopa County to include, in a permit application, a descr iption of its insignificant activities and emissions calculations for such insignificant activities.

c. An activity, process, or emissions unit that is not included in Appendix D

- List of Insignificant Activities of these rules may be considered an insigni ficant activity if it meets the definition of insignificant activity in Rule 100

- General Provisions and Definitions of these rules and is approved by the Control Officer and the Administrator of the Environmental Protection Agency (EPA). A source may reque st approval for the classification of an activity as insignificant by including such a request in its permit application, along with justification that such activity meets the definition of insignificant activity in Rule 100

- General Provisions and Definiti ons of

these rules.

d. An application may not omit information regarding insignificant activities that is needed to determine: (1) the applicability of or to impose any applicable requirement; (2) whether the source is in compliance with applicable requir ements; or (3) the fee amount required under these rules. In such cases, emissions calculations or other necessary information shall be included in the application.

308.2 309.2 Trivial Activities:

a. A Title V source is not required, in a permit application, to list trivial activities, to describe trivial activities, nor to include the emissions from trivial activities, which

are defined in Rule 100

- General Provisions and Definitions of these rules and which are listed in Appendix E

- List of Trivial Activit ies of these rules.

b. A Non

- Title V source is not required, in a permit application, to list trivial activities, to describe trivial activities, nor to include the emissions from trivial activities,

which are defined in Rule 100

- General Provisions and De finitions of these rules and which are listed in Appendix E

- List of Trivial Activities of these rules.

c. An activity that is not included in Appendix E

- List of Trivial Activities of these rules may be considered a trivial activity, if such activity meets the definition of trivial activity in Rule 100

- General Provisions and Definitions of these rules.

309 310 PERMIT CONDITIONS: The Control Officer may impose any permit conditions that are necessary to ensure compliance with Federal laws, Arizona laws, or t hese rules.

309.1 310.1 The Control Officer may require, as specified in subsection 309.2 and subsection 309.3

Section 310.2 and Section 310.3 of this rule, any source of regulated air pollutants to monitor, sample, or perform other studies to quantify emi ssions of regulated air pollutants or levels of air pollution that may reasonably be attributable to that source, if the Control

Officer:

a. Determines that monitoring, sampling, or other studies are necessary to determine

the effects of the source on lev els of air pollution; or

b. Has reasonable cause to believe a violation of this rule, rules adopted pursuant to this rule, or a permit issued pursuant to this rule has been committed; orc. Determines that those studies or data are necessary to accomplis h the purposes of this rule and that the monitoring, sampling, or other studies by the source are necessary in order to assess the impact of the source on the emission of regulated air

contaminants.

309.2 310.2 The Control Officer may require a source of a ir contaminants, by permit or order, to perform monitoring, sampling, or other quantification of its emissions or air pollution that may reasonably be attributed to such a source. Before requiring such monitoring, sampling, or other quantification by permi t or order, the Control Officer shall consider the relative cost and accuracy of any alternatives which may be reasonable under the circumstances such as emission factors, modeling, mass balance analyses, or emissions projections. The Control Officer may r equire such monitoring, sampling, or other quantification by permit or order if the Control Officer determines in writing that all of the following conditions are met:

a. The actual or potential emissions of air pollution may adversely affect public healt h

or the environment.

b. An adequate scientific basis for the monitoring, sampling, or quantification method

exists.

c. The monitoring, sampling, or quantification method is technically feasible for the subject contaminant and the source.

d. The monitor ing, sampling, or quantification method is reasonably accurate.

e. The cost of the method is reasonable in light of the use to be made of the data.

309.3 310.3 Orders issued or permit conditions imposed pursuant to this rule shall be appealable to

the hea ring board in the same manner as that prescribed for orders of abatement in A.R.S. § 4 9- 489 and A.R.S. § 4 9- 490 and for permit conditions in A.R.S. § 4 9- 482.

310 311 PROHIBITION

– PERMIT MODIFICATION: A person shall not willfully deface, alter, forge,

coun terfeit, or falsify any permit issued under the provisions of these rules.

311 312 PERMIT POSTING REQUIRED : Any person who has been granted a permit shall keep a complete permit clearly visible and accessible on the site where the equipment is installed. A ll equipment covered by the permit shall be listed in the permit by a serial number or other equipment identification symbol and shall be identified on a plant diagram.

312 313 TRANSITION FROM INSTALLATION AND OPERATING PERMIT PROGRAM TO

UNITARY PERMIT PRO GRAM:

312.1 313.1 Sources With A Valid Installation, Operating, or Conditional Permit: A valid installation permit or operating permit issued by the Control Officer or a valid conditional permit issued by the hearing board before September 1, 1993, and the authority to operate as provided in Laws 1992, Chapter 299, Section 65, continue in effect until any of the following occurs:

a. The Control Officer revokes an installation permit.

b. The Control Officer issues or denies a Title V permit or a Non

- Title V permit to the

source.c. The hearing board revokes or modifies a conditional permit or the conditional permit expires. A source operating under a valid conditional permit may continue to operate in accordance with the terms and conditions of such permit after the expiration of the conditional permit if, at least 30 days prior to the expiration of the conditional permit, the source submits an application to the Control Officer for a Title V permit

as described in Section 312.2 Section 313.2 of this rule o r for a Non

- Title V permit

as described in Section 312.3 Section 313.3 of this rule.

312.2 313.2 Title V Sources With An Installation, Operating, or Conditional Permit: Following November 29, 1996, the effective date of the Environmental Protection Agency’ s (EPA’s) final interim approval of Maricopa County’s Title V permit program, a source becomes subject to the requirements of the Title V permit program, when the source meets the applicability requirements as provided in this rule. Sources which hold a va lid installation, operating, or conditional permit and require a Title V permit shall comply with the following provisions:

a. The owner or operator of the source shall submit a permit application within 180 days of receipt of written notice from the Control Officer that an application is required or 12 months after the source becomes subject to the requirements of Title V of the Act and the permit requirements of these rules, whichever is earlier.

b. Any source, which has not yet submitted a Title V perm it application, that wishes to make any source change not requiring a permit, an administrative permit revision, a minor permit revision, or a significant permit revision shall comply with the applicable provisions of Rule 210 of these rules.

312.3 313.3 N on

- Title V Sources With An Installation, Operating, or Conditional Permit: Sources requiring a Non

- Title V permit in existence on the date these rules become effective which hold a valid installation, operating, or conditional permit shall comply

with the following provisions:

a. All sources shall submit a permit application to the Control Officer within 90 days of receipt of written notice from the Control Officer that an application is required.

b. Any source that wishes to make any source change not re quiring a permit, an administrative permit revision, a minor permit revision, or a non

- minor permit revision shall comply with the applicable provisions of Rule 220 of these rules.

312.4 3 13.4 Written Notice : For purposes of this subsection, written notice shall include, but not be limited to, a written warning, notice of violation, or order issued by the Control Officer for constructing or operating an emission source without a permit. Such a source shall be

considered to be in violation of these rules on each day of operation or each day during which construction continues, until a permit is granted.

312.5 313.5 Sources Not Under Permit:

a. All sources not in existence prior to the effective date of these rules shall first submit

to the Control Officer an air quality permit application for the entire source and shall have been issued an air quality permit before commencing construction of such

source.

b All sources in existence on the date these rules become effective and not holding a valid installation permit and/or a valid operating permit issued by the Control Officer, which have not applied for a Non

- Title V permit pursuant to these rules, shall submit to the Control Officer a permit application for the entire source.c. All sources in existence on the date these rules become effective and not holding a valid installation permit and/or a valid operating permit issued by the Control Officer, which have not applied for a Title V permit pursuant to these rules, shall

submit to the Control Officer a Title V permit application no more than 12 months after becoming subject to Title V permit requirements.

312.6 313.6 Sources Which Currently Have An Installation or Operating Permit:

a. For sources in existence on the date these rules become effective holding a valid installation permit and/or a valid operating permit issued by the Control Officer, the Control Officer may establish a phased schedule for acting on permit applications received within the first full year after the source becomes subject to obtaini ng a Title V or a Non

- Title V permit under these rules. The schedule shall assure that at

least one

- third of such applications will be acted on annually over a period not to exceed three years after such effective date. Based on this schedule, the Control Officer shall review a completed application in accordance with the provisions of these rules and shall issue or deny the applicable permit within 18 months after the receipt of the completed application.

b. Any application for an installation permit or an operating permit that is determined to be complete prior to the effective date of these rules but for which no permit has been issued shall be considered complete for the purposes of this section. In issuing a permit pursuant to such an application, the Control Officer shall include in the permit all elements addressed in the application and a schedule of compliance for submitting an application for a permit revision to address the elements required to be in the permit that were not included in the operating permit application or in the installation permit application. No later than six months after the effective date of these rules, the Control Officer shall take final action on an operating permit application or on an installation permit application dete rmined to be complete prior

to the effective date of these rules.

313 314 ACCELERATED PERMITTING:

313.1 314.1 Notwithstanding any other provisions of these rules, the following qualify a source for a

request

- submittal for accelerated processing: an applica tion for a Title V permit or for a

Non

- Title V permit; any permit revision; and any coverage under a general permit. Such

a request

- submittal shall be submitted in writing to the Control Officer at least 30 days in advance of filing the application and shall be accompanied by fees as described in Rule

280 of these rules.

313.2 314.2 When an applicant has requested accelerated permit processing, the Control Officer may, to the extent practicable, undertake to process the permit or permit revision in accordan ce with the following schedule:

a. For applications for initial Title V and Non

- Title V permits under Rules 210 and 220 of these rules, for significant permit revisions under Rule 210 of these rules, or for

non

- minor permit revisions under Rule 220 of the se rules, final action on the permit or on the permit revision shall be taken within 90 days or after the Control Officer determines that the application is complete for a Non

- Title V source and within 120 days after the Control Officer determines that the application is complete for a Title V source. Except for a new major source or a major modification subject to the requirements of Rule 240 of these rules, an application for a new permit, a significant permit revision, or a permit renewal shall be deemed to be complete unless the Control Officer notifies the applicant by certified mail within 30 days of receipt of the application that the application is not complete.b. For applications for coverage under a general permit under Rule 230 of these rules,

f inal action shall be taken within 30 days after receipt of the application.

c. For minor permit revisions governed by Rule 210 of these rules and Rule 220 of these rules, the permit revision shall be issued within 60 days after receipt of the application.

313.3 314.3 Before issuing a permit or permit revision pursuant to this section, the applicant shall pay to the Control Officer all fees due as described in Rule 280 of these rules. Nothing in this section shall affect the public participation requirement s of Rules 210 or 220 of these rules, or EPA and affected state review as required under Rule 210 of these rules.

SECTION 400

– ADMINISTRATIVE REQUIREMENTS

401 APPROVAL OR DENIAL OF PERMIT OR PERMIT REVISION:

401.1 The Control Officer shall deny a permi t or revision if the applicant does not demonstrate that every such source for which a permit or permit revision is sought is so designed, controlled, or equipped with such air pollution control equipment that the source may be expected to operate without emitting or without causing to be emitted air contaminants in violation of the provisions of these rules.

401.2 Prior to acting on an application for a permit, the Control Officer may require the applicant to provide and to maintain such devices and proce dures as are necessary for sampling and for testing purposes in order to secure information that will disclose the nature, extent, quantity, or degree of air contaminants discharged into the atmosphere from the source described in the application. In the e vent of such a requirement, the Control Officer shall notify the applicant in writing of the type and characteristics of such devices and procedures.

401.3 In acting upon an application for a permit renewal, if the Control Officer finds that such source has not been constructed in accordance with any prior permit or revision issued

pursuant to A.R.S. § 4 9- 480.01, the Control Officer shall require the permittee to obtain a permit revision or shall deny the permit renewal. The Control Officer shall not accep t any further application for a permit for such source so constructed until the Control Officer finds that such source has been reconstructed in accordance with a prior permit or a revision, or until a revision to the permit has been obtained. The Control Officer may issue a permit with a compliance schedule for a source that is not in compliance with all applicable requirements at the time of permit issuance.

401.4 After a decision on a permit or on a permit revision, the Control Officer shall notify the applicant and any person who filed a comment on the permit pursuant to A.R.S. § 49

- 480 or on the permit revision pursuant to A.R.S. § 4 9- 480.01 in writing of the decision, and if the permit is denied, the reasons for such denial. Service of this notificati on may be made in person or by first class mail. The Control Officer shall not accept a further application unless the applicant has corrected the circumstances giving rise to the objections as specified by the Control Officer as reasons for such denial.

402 PERMIT REOPENINGS; REVOCATION AND REISSUANCE; TERMINATION:

402.1 Reopening for Cause:

a. Each issued permit shall include provisions specifying the conditions under which the permit will be reopened prior to the expiration of the permit. A permit shall be reopened and revised under any of the following circumstances:(1) Additional applicable requirements under the Act become applicable to a major source with a remaining permit term of three or more years. Such a reopening shall be completed not late r than 18 months after promulgation of the applicable requirement. No such reopening is required if the effective date of the require

ment is later than the date on which the permit is due to expire, unless the original permit or any of its terms and condi tions has been extended pursuant to Section 403.2 of this rule. Any permit revision required pursuant to this rule shall comply with Section 403 of this rule for a permit renewal and shall reset the five year permit term.

(2) Additional requirements, incl uding excess emissions requirements, become applicable to an affected source under the acid rain program. Upon approval by the Administrator, excess emissions offset plans shall be deemed to be incorporated into the Title V permit.

(3) The Control Officer or the Administrator determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit.

(4) The Control Officer or the Administrator determines that the permit must be revised or revoked to assure compliance with the applicable requirements.

b. Proceedings to reopen and issue a permit, including appeal of any final action relating to a permit reopening, shall follow the same procedures as apply to initial permit issuance and shall, except for reopenings under Section 402.1a(1) of this rule, affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as is practicable.

c. Action to reopen a permit under this section shall not be initiated before a notice of such intent is provided to the source by the Control Officer at least 30 days in advance of the date that the permit is to be reopened, except that the Control Officer may provide a sho rter time period in the case of an emergency.

d. When a permit is reopened and revised pursuant to this rule, the Control Officer may make appropriate revisions to the permit shield established pursuant to Rule 210 of

these rules.

402.2 Reopening for Cau se By The Administrator:

a. If the Administrator finds that cause exists to terminate, modify, or revoke and reissue a permit pursuant to Section 402.1 of this rule, the Administrator may notify the Control Officer and the permittee of such finding in writing. Within ten days of receipt of notice from the Administrator that cause exists to reopen a Title V permit, the Control Officer shall notify the source.

b. Within 90 days of receipt of notice from the Administrator that cause exists to reopen a permit , the Control Officer shall forward to the Administrator a proposed determination of termination, modification, or revocation and reissuance of the permit. The Control Officer may request a 90 day extension of this limit if it is

necessary to request a new or revised permit application or additional information from the applicant for, or holder of, a Title V permit.

c. The Control Officer shall have 90 days from receipt of an objection by the Administrator to attempt to resolve the objection.

403 PERMIT RENEWAL AND EXPIRATION:403.1 Prior to renewing a permit issued under these rules, the Control Officer shall provide notice in the same manner and form as provided in Rule 210 of these rules.

403.2 The Control Officer shall not renew a permit issued under these rules unless the permittee applies for a permit renewal prior to the expiration of a permit in the manner required by Rule 210 of these rules. If a timely and complete application for a permit renewal is submitted, but the Control Officer has failed to issue or deny the renewal permit before the end of the term of the previous permit, then the permit shall not expire until the renewal permit has been issued or denied. Any testing that is required for a renewal shall be completed before the proposed p ermit renewal is issued by the Control Officer.

403.3 The Control Officer shall publish notice of a permit renewal decision in the same manner as that provided in Rule 210 of these rules for a Title V permit and as that provided in

Rule 220 of these rules for a Non

- Title V permit.

404 PERMIT TRANSFERS:

404.1 Except as provided in A.R.S. § 4 9- 429 and Section 404.2 of this rule, a Title V permit, a

Non

- Title V permit, or a General permit may be transferred to another person. Before the proposed transfer, the person who holds a valid Non

- Title V permit or a valid General permit shall comply with the administrative permit revision procedures pursuant to Rule 220, Section 405.1 of these rules. At least 30 days before the proposed transfer, the person who holds a valid Title V permit shall give notice to the Control Officer in writing and shall comply with the administrative permit amendment procedures pursuant to Rule 210, Section 404 of these rules. Permit transfer notice shall contain the following:

a. The p ermit number and expiration date.

b. The name, address and telephone number of the current permit holder.

c. The name, address and telephone number of the person to receive the permit.

d. The name and title of the individual within the organi zation who is accepting responsibility for the permit along with a signed statement by that person indicating such acceptance.

e. A description of the equipment to be transferred.

f. A written agreement containing a specific date for transfer of permit responsibil ity, coverage, and liability between the current and new permittee.

g. Provisions for the payment of any fees pursuant to Rule 280 of these rules that will be due and payable before the effective date of transfer.

h. Sufficient information about the sour ce's technical and financial capabilities of operating the source to allow the Control Officer to make the decision in Section 404.2 of this rule including:

(1) The qualifications of each person principally responsible for the operation of the

source.

(2 ) A statement by the chief financial officer of the new permittee that it is financially capable of operating the source in compliance with the law, and the information that provides the basis for that statement.(3) A brief description of any action for the enforcement of any federal or state law, rule or regulation, or any county, city or local government ordinance relating to the protection of the environment, instituted against any person employed by the new permittee and principally responsible for op erating the source during the five years preceding the date of application. In lieu of this description, the new permittee may submit a copy of the certificate of disclosure or 10

- K form required under A.R.S. § 4 9- 109, or a statement that this information has been filed in compliance with A.R.S. § 4 9- 109.

404.2 The Control Officer shall deny the transfer if the Control Officer determines that the organization receiving the permit is not capable of operating the source in compliance with Article 3, Chapter 3, Title 49, Arizona Revised Statutes, the provisions of these rules, or the provisions of the permit. Notice of the denial stating the reason for the denial shall be sent to the original permit holder by certified mail stating the reason for the

denial wi thin ten working days of the Control Officer's receipt of the application. If the transfer is not denied within ten working days after receipt of the notice, the Control Officer shall approve such permit transfer.

404.3 To appeal the transfer denial:

a. Both the transferor and transferee shall petition the hearing board in writing for a public hearing; and

b. The appeal process for a permit shall be followed.

405 PERMITS CONTAINING THE TERMS AND CONDITIONS OF FEDERAL DELAYED COMPLIANCE ORDERS (DCO) OR C ONSENT DECREES:

405.1 The terms and conditions of either a DCO or consent decree shall be incorporated into a permit through a permit revision. In the event the permit expires prior to the expiration of the DCO or consent decree, the DCO or consent decree shall be incorporated into any permit renewal.

405.2 The owner or operator of a source subject to a DCO or con sent decree shall submit to the Control Officer a quarterly report of the status of the source and construction progress and copies of any repo rts to the Administrator required under the order or decree. The Control Officer may require additional reporting requirements and conditions in permits

issued under this rule.

405.3 For the purpose of this rule, sources subject to a consent decree issued by a federal court shall meet the same requirements as those subject to a DCO.

406 APPEAL : Denial or revocation of a permit shall be stayed by the permittee's written petition for a hearing, filed in accordance with Rule 400 of these rules.

407 AIR QUA LITY IMPACT MODELS:

407.1 Where the Control Officer requires a person to perform air quality impact modeling, the modeling shall be performed in a manner consistent with 40 CFR 51, Appendix W, “Guideline On Air quality Models”, as of July 1, 2004 (and no future amendments or additions), which shall be referred to hereinafter as "Guideline", and is adopted by

reference.

407.2 Model Substitution: Where the person can demonstrate that an air quality impact model specified in the guideline is inappropriate, t he model may be modified or another modelsubstituted. However, before such modification or substitution can occur, the Control Officer must make a written finding that:

a. No model in the guideline is appropriate; or

b. The data base required for the ap propriate model in the guideline is not available;

and

c. A model proposed as a substitute or modification is likely to produce results equal or superior to those obtained by models in the guideline.

408 TESTING PROCEDURES : Except as otherwise specified, the applicable testing procedures contained in the Arizona Testing Manual for Air Pollutant Emissions shall be used to determine compliance with standards or permit conditions established pursuant to these rules.

409 PERMIT FEES : A fee shall be charged f or each facility. No permit is valid until the applicable permit fee has been received and until the permit is issued by the Control Officer.

410 PORTABLE SOURCES:

410.1 An owner or operator of a portable source which will operate for the duration of its permit solely in Maricopa County shall obtain a permit from the Control Officer for Maricopa County and is subject to Sections 410.2, 410.3, and 410.4 of this rule. A portable source with a current State of Arizona permit need not obtain a Maricopa County permit but is subject to Sections 410.3, 410.4, and 410.5 of this rule. Any permit for a portable source shall contain conditions that will assure compliance with all applicable requirements at all authorized locations.

410.2 An owner or operator of a po rtable source, which has a Maricopa County permit but proposes to operate outside of Maricopa County, shall obtain a permit from the Director. Upon issuance of a permit by the Director, the Control Officer shall terminate the Maricopa County permit for that source. If the owner or operator relocates the portable source in Maricopa County, the owner or operator shall notify the Control Officer as required by Section 410.4 of this rule of the relocation of the portable source. Whenever the owner or operator of a portable source operates a portable source in Maricopa County, such owner or operator shall comply with all regulatory requirements in these

rules.

410.3 An owner of a portable source, which requires a permit under this rule, shall obtain the permit p rior to renting or leasing said portable source. This permit shall be provided by the owner to the renter or lessee, and the renter or lessee shall be bound by the permit provisions. In the event a copy of the permit is not provided to the renter or lessee, both the owner and the renter or lessee shall be responsible for the operation of the portable source in compliance with the permit conditions and any violations thereof.

410.4 A portable source may be transported from one location to another within or across Maricopa County boundaries provided the owner or operator of such portable source notifies the Director and any Control Officer who has jurisdiction over the geographic area that includes the new location of the portable source by certified mail at least ten working days before the portable source is transported to the new location. The notification required under this rule shall include:

a. A description of the portable source to be transported including the Maricopa County permit number or the State of Arizona permit number for such portable source;

b. A description of the present location;c. A description of the location to which the portable source is to be transported, including the availability of all utilities, such as water and electricity , necessary for the proper operation of all control equipment;

d. The date on which the portable source is to be moved;

e. The date on which operation of the portable source will begin at the new location;

and

f. The duration of operation at the new loc ation.

410.5 An owner or operator of a portable source with a current State of Arizona permit that moves such portable source into Maricopa County shall notify the Control Officer that such portable source is being transported to a new location and shall include in such notification a copy of the State of Arizona permit and a copy of any conditions imposed by the State of Arizona permit. The source shall be subject to all regulatory requirements

of these rules.

411 PUBLIC RECORDS; CONFIDENTIALITY:

411.1 The Control Officer shall make all permits, including all elements required to be in the permit pursuant to Rule 210 of these rules and Rule 220 of these rules available to the public.

411.2 A notice of confidentiality pursuant to A.R.S. § 4 9- 487(c) shall :

a. Precisely identify the information in the application documents, which is considered

confidential.

b. Contain sufficient supporting information to allow the Control Officer to evaluate whether such information satisfies the requirements related to t rade secrets or, if applicable, how the information, if disclosed, could cause substantial harm to the person's competitive position.

411.3 Within 30 days of receipt of a notice of confidentiality that complies with Section 411.2 of this rule, the Control Officer shall make a determination as to whether the information satisfies the requirements for trade secret or competitive position pursuant to A.R.S. § 4 9- 487(C)(1) and so notify the applicant in writing. If the Control Officer agrees with the applicant that the information covered by the notice of confidentiality satisfies the statutory requirements, the Control Officer shall include a notice in the administrative record of the permit application that certain information has been considered confidential

.

SECTION 500
- MONITORING AND RECORDS (NOT APPLICABLE)REGULATION III
- CONTROL OF AIR CONTAMINANTS

RULE 310

FUGITIVE DUST

INDEX FROM DUST GENERATING OPERATIONS

SECTION 100
- GENERAL

101 PURPOSE

102 APPLICABILITY

103 EXEMPTIONS

SECTION 200
- DEFINITIO NS

201

201 AREA A

202

202 AREA ACCESSIBLE TO THE PUBLIC

203

203 BULK MATERIAL

204

204 BULK MATERIAL HANDLING, STORAGE, AND/OR TRANSPORTING

OPERATION

205

205 CONTROL MEASURE

206

206 DISTURBED SURFACE AREA

207

207 DUST CONTROL IMPLEMENT

208

208 DUST CONTROL PLAN

209

209 DUST GENERATING OPERATION

210

210 DUST SUPPRESSANT

211 EARTHMOVING OPERATION

212 EMERGENCY

213 EMERGENCY ACTIVITY

214

211 END OF WORK DAY

215

212 FREEBOARD

216

213 FUGITIVE DUST

217

214 GRAVEL PAD

218

215 GRIZZLY

219

216 HAUL TRUCK

220

217 MOTOR VEHICLE

221

218 NO RMAL FARM CULTURAL PRACTICE

222

219 OPEN AREAS AND VACANT LOTS OFF

- ROAD VEHICLE

223

220 OPEN STORAGE PILE

224

221 OWNER AND/OR OPERATOR

225 PAVE

226

222 PROPERTY LINE

227

223 PUBLIC ROADWAYS

228

224 ROUTINE

229

225 SILT

230

226 TRACKOUT/CARRYOUT

231

227 TRACKOUT C ONTROL DEVICE

232

228 UNPAVED HAUL/ACCESS ROAD

233

229 UNPAVED PARKING LOT

234

230 URBAN OR SUBURBAN OPEN AREA UNPAVED ROAD

231 VACANT LOT

232 VACANT PARCEL

233 235

234 WIND

- BLOWN DUST

236

235 WIND EVENT

237

SECTION 300
- STANDARDS WORK SITE

301

301 GENERAL REQUIREMENTS FOR DUST GENERATING OPERATIONS

302 OPACITY LIMITATION FOR DUST GENERATING OPERATIONS PERMIT REQUIREMENTS FOR DUST GENERATING OPERATIONS302 303 STABILIZATION REQUIREMENTS FOR DUST GENERATING OPERATIONS

303 VISIBLE EMISSIONS REQUIREMENTS FOR DUST GEN ERATING OPERATIONS

304 DUST CONTROL PLAN REQUIRED

304 STABILIZATION REQUIREMENTS FOR

DUST GENERATING OPERATIONS

305 ELEMENTS OF A DUST CONTROL PLAN

305 CONTROL MEASURES FOR DUST

GENERATING OPERATIONS

306 DUST CONTROL PLAN REVISIONS

306 TRACKOUT, CARRY

- OUT, SP ILLAGE,

AND/OR EROSION

307 CONTROL MEASURES

307 SOIL MOISTURE

308 PROJECT INFORMATION SIGN

308 PROJECT INFORMATION SIGN FOR DUST

GENERATING OPERATIONS

309 WORK PRACTICES DUST CONTROL TRAINING CLASSES FOR DUST

GENERATING OPERATIONS

310

SECTION 400
- ADMINISTRATIVE REQUIREMENTS DUST CONTROL COORDINATOR FOR DUST GENERATING OPERATIONS

401 DUST CONTROL PLAN POSTING

402 COMPLIANCE SCHEDULE DUST CONTROL PERMIT REQUIREMENTS DUST CONTROL PLAN REQUIREMENTS

403 DUST CONTROL PLAN REVISIONS

404 DUST CONTROL PERMIT

- BLOC K PERMIT REQUIREMENTS

405 APPROVAL OR DENIAL OF PERMIT APPLICATIONS FOR DUST GENERATING

OPERATIONS

406 TERMS FOR PERMITS FOR DUST GENERATING OPERATIONS

407 DEFACING, ALTERING, FORGING, COUNTERFEITING, OR FALSIFYING

PERMITS FOR DUST GENERATING OPERATIONS

40 8 FEES FOR PERMITS FOR DUST GENERATING OPERATIONS

409 POSTING OF PERMITS FOR DUST GENERATING OPERATIONS

410

SECTION 500
- MONITORING AND RECORDS COMPLIANCE SCHEDULE

501 COMPLIANCE DETERMINATION

502 RECORDKEEPING

503 RECORDS RETENTION

504 TEST METHODS ADOPT ED BY REFERENCE

TABLE 1

TABLE 2

TABLE 3

TABLE 4

TABLE 5

TABLE 6

TABLE 7

TABLE 8

TABLE 9

TABLE 10

TABLE 11

TABLE 12

TABLE 13

TABLE 14

TABLE 15

TABLE 16

TABLE 17

TABLE 18

TABLE 19

TABLE 20

TABLE 21Revised 07/13/88

Revised 07/06/93

Revised 09/20/94

Revised 06/16/99

Revised 02/16/00

Revised 04/07/04

Revised 03/26/08

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION III
- CONTROL OF AIR CONTAMINANTS

RULE 310

FUGITIVE DUST FROM DUST GENERATING OPERATIONS

SECTION 100
- GENERAL

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

minimize the amount of PM 10 entrained into the ambient air as a result of the impact of human activities by requiring measures to prevent, reduce, or mitigate particulate matter emissions.

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

.

103 EXEMPTIONS: The following are exempt from the requirements of this rule: normal farm cultural practices under Arizona Revised Statutes ( A.R.S. ) § 4 9

- 457 and § 4 9

- 504.4, and open areas, vacant lots, unpaved parking lots, an d unpaved roadways that are not located at sources that require any permit under these rules. The provisions of this rule shall not apply to the following

activities:

103.1 The provisions of this rule shall not apply to normal farm cultural practices acco rding to Arizona Revised Statutes ( A.R.S. ) § 4 9- 457 and A.R.S. § 4 9- 504.4.

103.2 The provisions of this rule shall not apply to the following non

- traditional sources of fugitive dust that are located at sources that do not require any permit under these r ules.

These non

- traditional sources of fugitive dust 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. Ope n areas and vacant lots

c. Unpaved parking lots

d. Unpaved roadways (including alleys)

e. Livestock activities

f. Erosion

- caused deposition of bulk materials onto paved surfaces

g. Easements, rights

- of

- way, and access roads for utilities (transmission of electricity, natural gas, oil, water, and gas)103.3 The provisions of this rule shall not apply to emergency activities that may disturb the soil conducted by any utility or government agency in order to prevent public injury or to

restore critical utilities to functional status.

103.4 An area is considered to 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 304 of this rule.

103.5 Es tablishing initial landscapes without the use of mechanized equipment, conducting landscape maintenance without the use of mechanized equipment, and playing on or maintaining a field used for non

- motorized sports shall not be considered a dust generating o peration. However, establishing initial landscapes without the use of mechanized equipment and conducting landscape maintenance without the use of mechanized equipment shall not include grading, or trenching performed to establish initial landscapes or to redesign existing landscapes.

103.6 Fugitive dust does not include particulate matter emitted directly from the exhaust of motor vehicles and other internal combustion engines, from portable brazing, soldering, 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.

SECTION 200
- DEFINITIONS: For the purpose of this rule, the following definitions shall apply

. See

Rule 100

- General Provisions and Definitions of these rules for definitions of terms that are used but not specifically defined in this rule.

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

Townsh ip 3 South, Range 5 West through Range 1 East Township 4 South, Range 5 West through Range 1 East

201 202 AREA ACCESSIBLE TO THE PUBLIC

– Any retail parking lot or public roadway that is ope n

to can be approached, entered, or used for public travel primari ly for purposes unrelated to the dust generating operation.

202 203 BULK MATERIAL

- Any material, including, but not limited to, the following materials earth, rock, silt, sediment, sand, gravel, soil, fill, aggregate less than 2 inches in length or diamet er (i.e., aggregate base course (ABC)), earth, soil, dirt, mud, demolition debris, cotton, trash, cinders, pumice, rock, saw dust, feeds, grains, fertilizers, fluff (from shredders), and dry concrete, that are capable of producing fugitive dust. : 203.1 Ear th

203.2 Rock

203.3 Silt

203.4 Sediment

203.5 Sand

203.6 Gravel

203.7 Soil203.8 Fill

203.9 Aggregate less than 2 inches in length or diamete r (i.e., aggregate base course [ ABC ])

203.10 Dirt

203.11 Mud

203.12 Demolition debris

203.13 Cotton

203.14 Trash

20 3.15 Cinders

203.16 Pumice

203.17 Saw dust

203.18 Feeds

203.19 Grains

203.20 Fertilizers

203.21 Fluff from shredders

203.22 Dry concrete

203 204 BULK MATERIAL HANDLING, STORAGE, AND/OR TRANSPORTING OPERATION
- The use of equipment, haul trucks, and/or moto r vehicles, including, but not limited to, for the following activities the loading, unloading, conveying, transporting, piling, stacking, screening, grading, or moving of bulk materials, that are capable of producing fugitive dust

. : 204.1 Loading

204.2 Un loading

204.3 Conveying

204.4 Transporting

204.5 Piling

204.6 Stacking

204.7 Screening

204.8 Grading

204.9 Moving bulk materials

204 205

204.1 CONTROL MEASURE

- A technique, practice, or procedure used to prevent or minimize the generation, emission, entrainment , suspension, and/or airborne transport of fugitive dust. Control measures include, but are not limited to:

205.1

204.2 Curbing;

205.2

204.3 Paving;

205.3 Pre

- wetting Pre

- watering

204.4 ; 205.4

204.5 Applying dust suppressants;

205.5

204.6 Physically stabilizing with vegetation, gravel, recrushed/recycled asphalt or other forms of physical stabilization;

205.6

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

205.7

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

205.8

204.9 Li miting use of off

- road vehicles on open areas and vacant lots;

205.9

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

205.10

204.11 Appropriately using dust control imple ments;

205.11

204.12 Installing one or more grizzlies, gravel pads, and/or wash down pads adjacent to the entrance of a paved area accessible to the public to control carry

- out and trackout;

205.12

204.13 Keeping open

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

205.13 Covering the cargo beds of haul trucks to minimize wind

- blown dust emissions and spillage.

205 206 DISTURBED SURFACE AREA

– A portion of the earth's surface (or material placed thereupon) which or material placed on the earth’s surface that has been physically moved, uncovered, destabilized, or otherwise modified from its undisturbed native condition , thereby increasing the potential for the emission of fugitive dust. if the pot ential for the emission offugitive dust is increased by the movement, destabilization, or modification. For the purpose of this rule, an area is considered to be a disturbed surface area until the activity that caused the disturbance has been completed an d the disturbed surface area meets the standards described in

Section 301 and Section 302 of this rule.

206 207 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.

207 208 DUST CONTROL PLAN

- A written plan describing all fugitive dust control measures to be implemented and maintained in order to prevent or minimize the generation, emission, entrainment, suspension, and/or airborne transport of fugitive dust.

208 209 DUST GENERATING OPERATION
- Any activity capable of generating fugitive dust, including but not limited to, the following activities: land c learing, earthmoving, weed abatement by discing or blading, excavating, construction, demolition, bulk material handling, storage and/or transporting operations, vehicle use and movement, the operation of any outdoor equipment, or unpaved parking lots. For the purpose of this rule, landscape maintenance and playing on or maintaining a field used for non

- motorized sports shall not be considered a dust generating operation. However, landscape maintenance shall not include grading, trenching, or any other

mech anized surface disturbing activities performed to establish initial landscapes or to redesign existing landscapes.

208.1 209.1

208.2 Land clearing, maintenance, and land cleanup using mechanized equipment

209.2

208.3 Earthmoving

209.3

208.4 Weed abatement by disci ng or blading

209.4

208.5 Excavating

209.5

208.6 Construction

209.6

208.7 Demolition

209.7

208.8 Bulk material handling (e.g., bulk material hauling and/or transporting, bulk material stacking, loading, and unloading operations)

209.8

208.9 Storage and/or trans porting operations (e.g., open storage piles, bulk material hauling and/or transporting, bulk material stacking, loading, and unloading operations)

209.9

208.10 Operation of any outdoor equipment

209.10

208.11 Operation of motorized machinery

209.11

208.12 Est ablishing and/or using staging areas, parking areas, material storage areas, or access

routes to and from a site

209.12

208.13 Establishing and/or using unpaved haul/access roads to, from, and within a site

209.13

208.14 Disturbed surface areas associated wi th a site

209.14 Installing initial landscapes using mechanized equipment

209 210 DUST SUPPRESSANT

– Water, hygroscopic material, solution of water and chemical surfactant, foam, non

- toxic chemical stabilizer or any other dust palliative, which is not prohibited for ground surface application by the U.S. Environmental Protection Agency (EPA) or the Arizona Department of Environmental Quality (ADEQ) or any applicable law, rule, or regulation, as a treatment material for reducing fugitive dust emissions

.

210 211 EARTHMOVING OPERATION

– The use of any equipment for an activity which may generate fugitive dust, such as but not limited to, the following activities: cutting and filling, grading, leveling, excavating, trenching, loading or unloading of bulk m aterials, demolishing, blasting, drilling, adding to or removing bulk materials from open storage piles, back filling, soil mulching, landfill operations, or weed abatement by discing or blading.

211.1 Cutting and filling

211.2 Grading

211.3 Leveling

211.4 Excavating211.5 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 Land fill operations

211.14 Weed abatement by discing or blading

212 EMERGENCY
- A situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situation requires immediate corrective

action t o restore normal operation, and that causes the source to exceed a limitation in this rule

, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include any noncompliance due to improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error.

213 EMERGENCY ACTIVITY
- Repairs that are a result of an emergency which prevents or hinders the provision of electricity, the distribution/collection of water, and the availability of other utilities due to unforeseen circumstances that are beyond the routine maintenance and repair due to normal wear conducted by a utility or municipality.

214 END OF WORK DAY
- The end of a working period that may include one or more work s hifts. If working 24 hours a day, the end of a working period shall be considered no later than 8 pm.

211 215 FREEBOARD

– The vertical distance between the top edge of a cargo container area and the highest point at which the bulk material contacts the sid es, front, and back of a cargo container

area.

212 216 FUGITIVE DUST

- The particulate matter not collected 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, the

move ment of soil, vehicles, equipment, blasting, and wind. For the purpose of this rule, fugitive dust does not include particulate matter emitted directly from the exhaust of motor vehicles and other internal combustion engines, from portable brazing, solderi ng, 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.

213 217 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 work 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. A gravel pad shall consist of one inch to 3 inches rough diameter, clean, well

- graded gravel or crushed rock. Minimum dimensions must be 30 feet wide by 3 inches deep, and, at minimum, 50 feet long or the length of the longest haul truck, whichever is greater.

214 218 GRIZZLY

– A device (i.e., rails, pipes, or grates) used to dislodge mud, dirt, and/or debris from the tires and undercarriage of motor vehicles and/or haul trucks prior to leaving the work sit e.

215 219 HAUL TRUCK

- Any fully or partially open

- bodied self

- propelled vehicle including any non

motorized attachments, 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.

216 220 MOTOR VEHICLE

– A self

- propelled vehicle for use on the public roads and highways of the State of Arizona and required to be registered under the Arizona State Uniform Motor VehicleAct, including any n on

- motorized attachments, such as but not limited to, trailers or other conveyances which are connected to or propelled by the actual motorized portion of the vehicle.

217 221 NORMAL FARM CULTURAL PRACTICE

– All activities by the owner, lessee, agent,

inde pendent contractor, and/or supplier conducted on any facility for the production of crops 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.

218 222 OFF

- ROAD VEHICLE

– Any self

- propelled conveyance specifically designed for off

- road use, including, but not limited to, off

- road or all

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

219 OPEN AREAS AND VACAN T LOTS

- Any of the following described in Section 219.1 through Section 219.4 of this rule. For the purpose of this rule, vacant portions of residential or commercial lots that are immediately adjacent and owned and/or operated by the same individual

or e ntity are considered one open area or vacant lot.

219.1 An unsubdivided or undeveloped tract of land adjoining a developed or partially developed residential, industrial, institutional, governmental, or commercial area.

219.2 A subdivided residential, in dustrial, institutional, governmental, or commercial lot that contains no approved 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 tract of land, in the nonattainment area, adjoining agricultural property.

223 OPEN STORAGE PILE

- A ny accumulation of bulk material with a 5% or greater silt content that has a total surface area of 150 square feet or more and that at any one point attains a height of three feet. Silt content shall 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%.

220 224 OWNER AND/OR OPERATOR

– The person responsible for obtaining an earthmoving permit under Rule 200, Section 305, 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, or any person who owns, leases, operates, controls, or supervises a dust generating operation subject to the requirements of this rule.

221 225 PAVE

– To apply and maintain asphalt, concrete, or other similar material to a roadway surface (i.e., asphaltic concrete, concrete pavement, chip seal, or rubberized asphalt).

226 PROPERTY LINE

- The boun daries of an area in which either a person causing the emission or a person allowing the emission has the legal use or possession of the property. Where such property is divided into one or more sub

- tenancies, the property line(s) shall refer to the

bounda ries dividing the areas of all sub

- tenancies.

222 227 PUBLIC ROADWAYS

– Any roadways that are open to public travel.

223 228 ROUTINE

– Any dust generating operation which occurs more than 4 times per year or lasts 30 cumulative days or more per year.224 2 29 SILT

– Any aggregate material with a particle size less than 75 micrometers in diameter, which passes through a No. 200 Sieve.

225 230 TRACKOUT/CARRYOUT

– Any and all bulk materials that adhere to and agglomerate on the surfaces of motor vehicles, haul trucks, and/or equipment (including tires) and that have fallen or been deposited onto a paved area accessible to the public.

226 231 TRACKOUT CONTROL DEVICE

- A gravel pad, grizzly, wheel wash system, or a paved area, located at the point of intersection o f an unpaved area and a paved area accessible to the public that controls or prevents vehicular trackout.

227 232 UNPAVED HAUL/ACCESS ROAD

– Any on

- site unpaved road used by commercial, industrial, institutional, and/or governmental traffic.

228 233 UNPAVE D PARKING LOT

– Any area larger than 5,000 square feet that is not paved and that is used for parking, maneuvering, material handling, or storing motor vehicles and equipment

. An unpaved parking lot includes, but is not limited to, automobile impound yards , wrecking yards, automobile dismantling yards, salvage yards, material handling yards, and storage yards. For the purpose of this definition, maneuvering shall not include military maneuvers or exercises

conducted on federal facilities.

229 234 UNPAVED RO AD

– Any road or equipment path that is not paved. For the purpose of this rule, an unpaved road is not a horse trail, hiking path, bicycle path, or other similar path used exclusively for purposes other than travel by motor vehicles.

230 URBAN OR SUBURBA N OPEN AREA

– The definition of urban or suburban open area is

included in Section 219

- Definition Of Open Areas And Vacant Lots of this rule.

231 VACANT LOT

– The definition of vacant lot is included in Section 219

- Definition Of Open

Areas And Vacant Lots of this rule.

232 VACANT PARCEL

– The definition of vacant parcel is included in Section 219

- Definition Of Open Areas And Vacant Lots of this rule.

233 235 WIND

- BLOWN DUST
- Visible emissions, from any disturbed surface area, that are generated by wind a ction alone.

234 236 WIND EVENT

– When the 60

- minute average wind speed is greater than 25 miles per hour.

235 237 WORK SITE

– Any property upon which any dust generating operations and/or earthmoving operations occur.

SECTION 300

– STANDARDS

301 GENERAL REQUIREMENTS FOR DUST GENERATING OPERATIONS : Any person engaged in a dust generating operation 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,

incl uding during weekends, after work hours, and on holidays. Failure to comply with any one of the following requirements shall constitute a violation.

301.1 Visible emissions requirements from dust generating operations described in Section 303

of this rule

.

301.2 Stabilization requirements described in Section 304 of this rule.

301.3 Control measures described in Section 305 of this rule.301.4 Trackout, carry

- out, spillage, and/or erosion requirements described in Section 306 of this

rule.

301.5 Soil m oisture requirements described in Section 307 of this rule.

301.6 Dust control training class requirements described in Section 309 of this rule.

301.7 Dust control permit requirements described in Section 401 of this rule.

301.8 Dust Control Plan requi rements described in Section 402 of this rule.

301.9 Monitoring and recordkeeping requirements described in Section 500 of this rule.

301.10 Any other requirements of this rule.

302 PERMIT REQUIREMENTS FOR DUST GENERATING OPERATIONS:

302.1 No person sh all commence construction of, operate, or make a modification to any dust generating operation when such dust generating operations disturb a total surface area of 0.10 acre (4,356 square feet) or more without first obtaining a permit or permit revision

fr om the Control Officer.

3 02.2 No person shall commence construction of, operate, or make a modification to any dust generating operation that disturbs a total surface area of less than 0.10 acre (4,356 square feet) under common control that are either con tiguous or separated only by a public or private roadway and that cumulatively equal or exceed 0.10 acre (4,356 square feet) in

area without first obtaining a permit or permit revision from the Control Officer.

302.3 No person shall commence any routine dust generating operation that disturbs a surface area of 0.10 acre or greater 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 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 party contracting to do the work), general contractor, prime contractor, supervisor, management c ompany, or any person who owns, leases, operates, controls, or supervises a dust generating operation subject to the requirements of this rule shall be responsible for obtaining a permit or permit revision from the Control

Officer.

302.5 All permit applic ations shall be filed in the manner and form prescribed by the Control Officer. The application shall contain all the information necessary to enable the Control Officer to make the determination to 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 source's compliance with the requirements of this rule.

302.6 The issuance of any permit or permit revision shall not relieve any person subject to the requirements of t his rule from compliance with any Federal laws, Arizona laws, or these

rules.

302.7 Any other law, regulation or permit shall not relieve any person from obtaining a permit or permit revision required under this rule.301 303 VISIBLE EMISSIONS REQUIREMENT S FOR DUST GENERATING OPERATIONS: The owner and/or operator of a dust generating operation shall not allow visible fugitive dust emissions to exceed 20% opacity as tested by methods described in Appendix C of these rules.

303.1 Dust Generating Operation Opacity Limitation Requirement : The owner and/or operator of a dust generating operation shall not allow visible fugitive dust 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 visible fugitive dust emissions to exceed 20% opacity.

b. The owner and/or operator of a dust generating operation shall not cause, suffer, or allow visible emissions of particulate matter, including fugitive dust, beyond the

pro perty line within wh ich the emissions are generated. Visible emissions shall be determined by a standard of no visible emissions exceeding 30 seconds in duration in any six minute period as determined by using EPA Reference Method 22.

303.2 Exemptions fro m Dust Generating Operation Opacity Limitation Requirement:

301.1 a. Wind Event: Exceedances of the opacity limit described in Sec tion 303.1 of this

rule that occur due to a wind event shall constitute a violation of the opacity limit. However, it shall be an affirmative defense in an enforcement action if the owner and/or operator demonstrates all of the following conditions:

(1) All control measures required were followed and 1 one or more of the following

control measures in Tables 20 & 21 was were appl ied and maintained ; :

(a) For dust generating operations:

(i) Cease dust generating operations for the duration of the

condition/situation/event when the 60

- minute average wind speed is greater than 25 miles per hour and if dust generating operations are ceased for the remainder of the work day, stabilize the area ;

(ii) Apply water or other suitable dust suppressant at least twice per hour to dust generating operations in the PM 10 nonattainment area and at least once per hour to dust generating operations outside the PM 10 nonattainment area;

(iii) Apply water as necessary to maintain a soil moisture content at a minimum of 12%, as determined by ASTM Method D2216

- 05 or other equivalent method as approved by the Control Officer and the Admini

strator. For a reas that have an optimum moisture content for compac

tion of less than 12%, as determined by ASTM Method D1557

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

conten t; or

(iv) Implement Section 303.2(a)(1)(a)(ii) or Section 303.2(a)(1)(a)(iii) of

this rule 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.

(b) For temporary disturbed surface areas, including but not limited to, after work hours, weekends, and holidays:(i) Uniformly apply and maintain surface gravel or dust suppressants;

(ii) Apply water to all disturbed surface areas three times per day. If there is any evidence of wind

- blown dust, increase watering frequency to a minimum of four times per day;

(iii) Apply water on open storage piles at least twice per hour to temporary

disturbed surface areas in the PM 10 nonatt ainment area and at least once per hour to temporary disturbed surface areas outside the PM 10 nonattainment area; or

(iv) Cover open storage piles with tarps, plastic, or other material such that wind will not remove the covering(s).

(2) The 20% opacity exceedance Exceedances of the opacity lim it described in

Section 303.1 of this rule could not have been prevented by better application, implementation, operation, or maintenance of control measures;

(3) The owner and/or operator compiled and retained records, in accordance with

Section 502

- Recordkeeping of this rule; and

(4) 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 Serv ices Department Air Quality Division Maricopa County Air Quality Department monitoring station, from any other certified meteorological station, or by a wind instrument that is calibrated according to manufacturer’s standards and that is located at the sit e being

checked.

301.2 b. Emergency Maintenance of Flood Control Channels and Water Retention

Basins: No opacity limitation shall T he opacity limit described in Section 303.1 of

this rule shall not apply to emergency maintenance of flood control channels a nd water retention basins, provided that control measures are implemented.

301.3 c. Vehicle Test and Development Facilities and Operations: No opacity limitation

shall T he opacity limit described in Section 303.1(a) of this rule shall not apply to

vehicle test and development facilities and operations 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

valid ate design integrity, product quality, 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 stabilized, 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.

d. Activities Near The Property Line: The opacity limit described in Section 303.1(b) of this rule shall not apply to dust generating operations conducted within 25 feet of the property line.

302 304 STABILIZATION REQUIREMENTS FOR DUST GENERATING OPERATION S:

302.1 304.1 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 either Section 304.1(a) or Section 304.1(b) of this rule :a. Shall not allow silt loading eq ual to or greater than 0.33 oz/ft 2 , or

b. Shall not allow the silt content to exceed 8%.

302.2 304.2 Unpaved Haul/Access Road:

a. The owner and/or operator of any unpaved haul/access road (whether including at a

work site that is under construction or at a work site that is temporarily or permanently inactive) shall not allow visible fugitive dust emissions to exceed 20% opacity and either Section 304.2(a)(1) or Section 304.2(a)(2) of this rule :

(1) Shall not allow silt loading equal to or greater than 0.33 oz/ft 2 ; or

(2) Shall not allow the silt content to exceed 6%.

b. The owner and/or operator of any unpaved haul/access road (including at a work site that is 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 in Section 304.2(a) of this rule , limit vehicle trips to no more than 20 per day per road and limit vehicle speeds to no more than 15 miles per hour. If complying with th is subsection section of this rule , the owner and/or operator must include, in a Dust Control Plan, the maximum number of vehicle trips on the unpaved haul/access roads each day (including number of employee vehicles, earthmoving equipment, haul trucks, an d water trucks) and a description of how vehicle speeds will be restricted to no more than 15 miles per hour

.

302.3 304.3 Open Area And Vacant Lot Or Disturbed Surface Area : The owner and/or operator

of an open area and/or vacant lot or any disturbed surfa ce area on which no activity is occurring (including at a work site that is under construction or a work site that is temporarily or permanently inactive) shall meet at least 1 one of the standards described

in Sections 302.3(a) through 302.3(g) Sections 3 04.3(a) through 304.3(g) below, as applicable. Should a disturbed open area and/or vacant lot or any disturbed surface area on which no activity is occurring contain more than one type of disturbance visibly distinguishable stabilization characteristics , s oil, vegetation, or other character istics, which are visibly distinguishable, the owner and/or operator shall test each repre sentative surface separately for stability, in an area that represents a random portion of the overall

disturbed conditions of th e site, according to the appropriate test methods in Appendix C of these rules, and include or eliminate it from the total size assessment of disturbed surface area(s) depending upon test method results in accordance with the appropriate test

methods descr ibed in Section 501.2(c) of this rule and in Appendix C

- Fugitive Dust Test

Methods of these rules. The owner and/or operator of such inactive disturbed surface area disturbed surface area on which no activity is occurring shall be considered in violation

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

a. Maintain a visible soil crust;

b. Maintain a threshold friction velocity (TFV) for disturbed 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 unattached vegetative debris lying on the surface with a predominant horizontal orientation that is not subject to movement by wind) t hat is equal to at least 50%;d. Maintain a standing vegetative cover (i.e., vegetation that is attached (rooted) with a predominant vertical orientation) that is equal to or greater than 30%;

e. Maintain a standing vegetative cover (i.e., vegetation tha t is attached (rooted) with a predominant vertical orientation) that is equal to or greater than 10% and where the threshold friction velocity is equal to or greater than 43 cm/second when corrected

for non

- erodible elements;

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).

3 02.4 304.4 Vehicle Test and Development Facilities and Operations : No stabilization requirement shall apply to vehicle test and development facilities and operations when dust is required to test and validate design integrity, product quality, and/or commer cial acceptance, if such testing is not feasible within enclosed facilities. However, all areas used to test and validate design integrity, product quality, 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 stabilized, 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.

305 CONTROL MEASURES FOR DUST GENERATING OPERATIONS: When engaged in a dust generating operation, the owner and/or operator shall install, maintain, and use control measures, as applicable. The owner and/or operator of a dust generating operation shall implement control measures before, after, and while conducting dust generating operations, including during weekends, after work hours, and on holidays. At least one primary control measure and one contingency control measure must be identified in the Dust Control Plan for all dust generating

sources. Control measures for specific dust generating operations are described in Section 305.1 throug h Section 305.12 of this rule.

305.1 Off

- Site Hauling Onto Paved Areas Accessible To The Public : The owner and/or operator of a dust generating operation that involves off

- site hauling shall implement the following control measures:

a. When cargo compartment is loaded:

(1) Load all haul trucks such that the freeboard is not less than three inches;

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

(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) Cover cargo compartment with a tarp or other suitable closure.

b. When cargo compartment is empty:

(1) Cle an the interior of the cargo compartment; or

(2) Cover the cargo compartment with a tarp or other suitable closure.c. When off

- site hauling, install, maintain, and use a suitable trackout control device that controls and prevents trackout and/or removes particulate matter from tires and

the exterior surfaces of haul trucks and/or motor vehicles that traverse the site.

305.2 Bulk Material Hauling/Transporting When On

- Site Hauling/Transporting Within

The Boundaries of The Work Site But Not Crossing A Pave d Area Accessible To

The Public: The owner and/or operator of a dust generating operation that involves bulk material hauling/transporting when on

- site hauling/transporting within the boundaries of the work site but not crossing a paved area accessible to the public shall implement one of the following control measures:

a. Limit vehicle speed to 15 miles per hour or less while 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.

305.3 Bulk Material Hauling/Transporting When On

- Site Hauling/Transporting Within

The Boundaries of The Work Site and Crossing and / or Accessing A Paved Area

Accessible To The Public: The owner and/or operator of a dust generating operation that

involves bulk material hauling/transporting when on

- site hauling/transporting within the boundaries of the work site and crossing and/or accessing a paved area accessible to the public shall implement all of the following control measures:

a. Load all haul trucks such that the freeboard is not less 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 mate rial from holes or other openings in the cargo compartment’s floor, sides, and/or tailgate(s); and

d. When crossing and/or accessing a paved area accessible to the public, install, maintain, and use a suitable trackout control device that controls and pre vents trackout and/or removes particulate matter from tires and the exterior surfaces of

haul trucks and/or motor vehicles that traverse the site.

305.4 Bulk Material Stacking, Loading, and Unloading Operations: The owner and/or operator of a dust generat ing operation that involves bulk material stacking, loading, and unloading operations shall implement at least one of the following control measures:

a. Spray mat erial with water , as necessary, prior to stacking, loading, and unloading

and/or while stacki ng, loading, and unloading; or

b. Spray material with a dust suppressant other than water, as necessary, prior to stacking, loading, and unloading and/or while stacking, loading, and unloading.

305.5 Open Storage Piles : The owner and/or operator of a dus t generating operation that involves an open storage pile shall implement the following control measures, as applicable:

a. Prior to and/or while conducting stacking, loading, and unloading operations, implement one of the following control measures:

(1) Spray material with water, as necessary; or(2) Spray material with a dust suppressant other than water, as necessary.

b. When not conducting stacking, loading, and unloading operations, implement one of the following control measures:

(1) Cover all open storage piles with a tarp, plastic, or other material to prevent wind from removing the covering(s)/such that the covering(s) will not be dislodged by wind; or

(2) Apply water to maintain a soil moisture content at a minimum of 12%, as determined by AS TM 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 appro ved by the Control Officer and the Administrator, maintain at least 70% of the optimum soil

moisture content.

(3) Maintain a soil crust; or

(4) Implement the control measure described in Section 305.5(b)(2) or in Section 305.5(b)(3) of this rule and cons truct 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 pi le height, and whose porosity is no

more than 50%.

305.6 Unpaved Staging Areas, Unpaved Parking Areas, and Unpaved Material Storage

Areas: The owner and/or operator of a dust generating operation that involves unpaved staging areas, unpaved parking areas, and unpaved material storage areas 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 maintain gravel, recycled asphalt, or other suitable material;

d. Apply and ma intain a suitable dust suppressant other than water; or

e. Limit vehicle trips to no more than 20 per day per road 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 trips on the staging areas, parking areas, and/or material storage areas each day (including number of employee vehicles, earthmoving equipment, haul trucks, and water trucks) and a description of how vehicle sp eeds will be restricted to no more than 15 miles per hour.

305.7 Unpaved Haul/Access Roads : The owner and/or operator of a dust generating operation 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 maintain gravel, recycled asphalt, or other suitable material;

d. Apply and maintain a suitable dust suppressant other than water; or

e. Limit vehicle trips to no more 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 shall provide to the Control Officer the 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) and a description of how vehicle speeds will be restricted to no more than 15 miles per hour.

305.8 Weed Abatement By Discing or Blading: The owner and/or op erator of a dust generating operation that involves weed abatement by discing or blading shall comply with all of the following control measures:

a. Before weed abatement by discing or blading occurs, apply water;

b. While weed abatement by discing or bl ading 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.

305.9 Blasting Operations: The owner and /or operator of a dust generating operation that involves blasting operations shall implement all of the following control measures:

a. In wind gusts above 25 miles per hour, discontinue/cease blasting; and

b. Pre

- water and maintain surface soils in a st abilized condition where support equipment and vehicles will operate.

305.10 Demolition Activities: The owner and/or operator of a dust generating operation that involves demolition activities shall implement all of the following control measures:

a. App ly water to demolition debris immediately following demolition activity; and

b. Apply water to all disturbed soils surfaces to establish a crust and to prevent wind

erosion.

305.11 Disturbed Surface Areas: The owner and/or operator of a dust generating o peration that involves 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 site to depth of cuts, allowing ti me for penetration; or

(2) Phase work to reduce the amount of disturbed surface areas at any one time.

b. While disturbed surface areas are being created, implement one of the following

control measures:

(1) Apply water or other suitable dust suppressan t other than water , as necessary ;(2) Apply water as necessary to maintain a soil moisture content at a minimum of 12%, as determined by ASTM Method D2216

- 05 or other equivalent method as approved by the Control Officer and the Administrator. For areas th at 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 the Administrator, maintain at least 70% of the optimum soil moisture content; or

( 3) Implement control measure described in Section 305.11(b)(1) or Section 305.11(b)(2) of this rule 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 win dblown material leaving a site.

c. When the dust generating operation is finished for a period of 30 days or longer

- for longer than temporary pauses that occur during a dust generating operation, the owner and/or operator shall implement one or more of the following control measures within ten days following the completion of such dust generating operation:

(1) Pave, apply gravel, or apply a suitable dust suppressant other than water;

(2) Establish vegetative ground cover in sufficient quantity;

(3) I mplement control measures described in Section 305.11(c)(1) or Section 305.11(c)(2) of this rule and restrict vehicle access to the area;

(4) Apply water and prevent access by fences, ditches, vegetation, berms, or other suitable barrier 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 are similar to adjacent or nearby undisturbed native conditions.

305.12 Easements, Rights

- of

- Way, and Access Roa ds 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 t hat involves an easement, right

- of

- way, and access road for utilities (transmission of electricity, natural gas, oil, water, and gas ) associated with sources that have a Title V permit, a Non

- Title V permit, and/or a General permit under these rules shall 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 ro ad; or

c. Implement control measures described in Section 305.7 of this rule.

306 TRACKOUT, CARRY

- OUT, SPILLAGE, AND/OR EROSION: The owner and/or operator of a dust generating operation shall prevent and control trackout, carry

- out, spillage, and/or

eros ion.

306.1 Trackout Control Device:a. Criterion for Trackout Control Device : Install, maintain and use a suitable trackout control device that prevents and controls trackout and/or removes particulate matter from tires and the exterior surfaces of haul trucks 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 disturbed surface area of two acres or larger, and

(2) All work sites where 100 cubic yards o f bulk materials are hauled on

- site and/or

off

- site per day.

b. Control Measures: For those work sites identified in Section 306.1(a) of this rule,

p revent trackout, carry

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

(1) At all exits onto paved areas accessible to the public, install a wheel wash

system;

(2) At all exits onto paved areas accessible to the public, install a gravel pad to comply with Section 21 7 of this rule;

(3) At all exits onto paved areas access ible to the public, install a grizzly or rumble grate that consists of raised dividers (rails, pipes, or grates) a minimum of three inches tall, six inches apart, and 20 feet long, to allow a vibration to be produced

such that dust is shaken off the wheels 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 paved area accessible to the public and extending for a centerline distance of at le ast 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 to the public including curbs, gutters, and sidewalks, on the following time

- schedule:

(1) Immediately, when trackout, carry

- out, or spillage extends a cumulative distance of 25 linear feet or more; and

(2) At the end of the workday, for all other trackout, carry

- out, spillage, and/or

erosion.

b. Control Meas ures:

(1) Operate a street sweeper or wet broom with sufficient water, including but not limited to kick broom, steel bristle 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.

307 SOIL MOISTURE: If water is the chosen control measure in an approved Dust Control Plan, the owner and/or operator of a dust generating operation shall operate a wa ter application system on

site (e.g., water truck, water hose) while conducting any earthmoving operations on disturbedsurface areas 1 acre or larger, unless a soil crust is maintained or the soil is sufficiently damp to prevent loose grains of soil from becoming dislodged.

308 PROJECT INFORMATION SIGN FOR DUST GENERATING OPERATIONS : For all sites with a Dust Control permit that are five acres or larger, except for routine maintenance and repair done under a Dust Control permit

- Block permit, the owner and /or operator shall erect and maintain a project information sign at the main entrance such that members of the public can easily view and read the sign at all times. Such sign shall have a white background, have black block lettering that is at least four inches high, 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 and expiration date;

308.3 Name and local phone number of person(s) responsible for dust control matters;

308.4 Text stating: “Dust complaints? Call Maricopa County Air Quality Department

- (Insert the accurate Maricopa County Air Quality Department complaint line telephone number).”

309 DUST CONTROL TRAINING CLASSES FOR DUST GENERATING OPERATIONS:

309.1 Basic Dust Control Training Class:

a. At least once every three years, the site superintendent or other designated on

- site representative of the permit holder, if present at a site that has more than one acre of disturbed surface area that is subje ct to a permit issued by the Control Officer requiring control of PM 10 emissions from dust generating operation, shall successfully complete a Basic Dust Control Training Class conducted or approved by

the Control Officer.

b. At least once every three years, water truck and water

- pull drivers shall successfully complete a Basic Dust Control Training Class conducted or approved by the Control

Officer.

c. 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 Control Training Class, if the training that was completed was conducted or approved by the Control Officer. Completion of the Comprehensive Dust Control Training Class, as requi red in Section 309.2 of this rule, shall satisfy the requirement of this section of this rule.

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, shall successfully complete 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 to successfully complete the Comprehensive Dust Control Training Class, if the training that was completed was conducted or approved by the Control Officer.310 DUST CONTROL COORDINATOR FOR DUST GENERATING OPERATIONS:

310.1 The permittee for any site of five acres or more of disturbed surface area subject to a permit issued by the Control Officer requiring control of PM 10 emissions from dust generating operations shall have on

- site at least one Dust Control Coordinator trained in

ac cordance with Section 309.2 of this rule at all times during primary dust generating operations related to the purposes for which the Dust Control permit was obtained.

310.2 The Dust Control Coordinator shall have full authority to ensure that dust contro l measures are implemented on

- site, including conducting inspections, deployment of dust suppression resources, and modifications or shut

- down of activities as needed to control

dust.

310.3 The Dust Control Coordinator shall be responsible for managing du st prevention and dust

control on the site.

310.4 At least once every three years, the Dust Control Coordinator shall successfully complete a Comprehensive Dust Control Training Class conducted or approved by the Control

Officer.

310.5 The Dust Control C oordinator shall have a valid dust training certification identification card readily accessible on

- site while acting as a Dust Control Coordinator.

310.6 The requirement for a Dust Control Coordinator shall lapse when all of the following

actions/events/ procedures occur:

a. The area of disturbed surface area becomes less than five acres;

b. The previously disturbed surface areas have been stabilized in accordance with/in compliance with the standards and/or requirements of this rule; and

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

stabilization.

310.7 The permittee, who is required to obtain a single permit for multiple non

- contiguous sites in accordance with Section 404 of this rule, shall have on sites with gre ater than one acre of disturbed surface area at least one individual who is designated by the permittee as a

Dust Control Coordinator trained in accordance with Section 309.1

- Basic Dust Control Training Class of this rule. The Dust Control Coordinator shal l be present on

- site at all times during primary dust generating activities that are related to the purposes for which the permit was obtained.

303 DUST CONTROL PLAN REQUIRED:

303.1 The owner and/or operator of a dust generating operation shall submit to the Control Officer a Dust Control Plan with any permit applications that involve earthmoving operations with a disturbed surface area that equals or exceeds 0.10 acre, including both of the following situations:

a. When submitting an application for an earthmoving permit involving earthmoving operations that would equal or exceed 0.10 acre, and

b. Before commencing any routine dust 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.Compliance with this section does not affect an owner and/or operator’s responsibility to comply with the other standards of this rule. The Dust Control Plan shall describe all control measures to be implemented before, after, and while conducting any dust generating operation, including during 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 Control Plan, in accordance with the criteria used to approve, disapprove or conditionally approve a permit. Failure to comply with the provisions of an approved

Dust Control Plan is deemed to b e a violation of this rule. Regardless of whether an approved Dust Control Plan is in place or not, the owner and/or operator of a dust generating operation is still subject to all requirements of this rule at all times. In addition, the owner and/or opera tor of a source with an approved Dust Control Plan is still subject to all of the requirements of this rule, even if such owner and/or operator is complying with the approved Dust Control Plan.

303.3 At least one primary control measure and one contingenc y 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 identifie d contingency control measure is effective to comply with all of the requirements of this rule, the owner and/or operator need not revise 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 landscape maintenance, which, for the purpose of this rule, does not include grading, trenching, nor or 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, state parks, city parks, county regional parks, ballfields,

ca mp sites, and playgrounds at camp sites; hiking paths, horse trails, and bicycle paths that are used exclusively for purposes other than travel by motor vehicles; (for the purpose of this rule, establishing initial landscapes or redesigning existing

landsc apes does not include grading, trenching, or any other mechanized surface disturbing activities).

304 ELEMENTS OF A DUST CONTROL PLAN: A Dust Control Plan shall contain, at a minimum, all of the following information:

304.1 Name(s), address(es), and phon e numbers of person(s) responsible for the submittal and implementation of the Dust 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, ande. Planned exit locations onto paved areas accessible to the public.

304.3 Control measures, or a combination thereof, to be applied to all actual and potential dust

ge nerating operations, before, after, and while conducting any dust generating 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 i dentified, for all dust generating operations. 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(s) is effective to comply with all of the requirements of this rule, the owner and/or operator need not revise the Dust Control Plan under Section 305 of this rule.

b. Alternatively, a control measure(s) that is not listed in Tables 1

- 21 of this rule may be chosen, prov ided that such control measure(s) is implemented to comply with the standard(s) described in Section 301 and Section 302 of this rule, as determined by the corresponding test method(s), as applicable, and meets other applicable standard(s) set forth in thi s rule.

c. If complying with Section 302.2(b)

- Stabilization Requirements For Fugitive Dust

Sources

- Unpaved Haul/Access Road of this rule, the Dust Control Plan must include the maximum number of vehicle trips on the unpaved haul/access roads each day (inc luding number of employee vehicles, earthmoving equipment, haul trucks, and water trucks).

304.4 Dust suppressants to be applied, including all of the following product specifications or label instructions for approved usage:

a. Method, frequency, and in tensity of application;

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

c. Information on environmental impacts and approvals or certifications related to appropriate and safe use for ground application.

304.5 Specific surface treatment(s) a nd/or control measures utilized to control material trackout and sedimentation where unpaved and/or access point join paved areas accessible to the public.

304.6 For construction projects one acre or larger, except for routine maintenance and repair

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 will be imported to the dust generating operation

. The measured soil content at a particular site shall take precedence over any mapped soil types, and whenever soils have been tested at a particular site, the test results should be relied on rather than the map in Appendix F.

305 DUST CONTROL PLAN REVISIONS:

305.1 If the Control Officer determines that an approved Dust Control Plan has been followed, yet fugitive dust emissions from any dust generating operation still exceed standards in Section 301 and Section 302 of this rule, then the Control Officer shall issue a written

notice to the owner and /or operator of the dust generating operation explaining such

determination.305.2 The owner and/or operator of a dust generating operation shall make written revisions to

the Dust Control Plan and shall submit such revised Dust Control Plan to the Contr ol Officer within three working days of receipt of the Control Officer’s written notice, unless such time period is extended by the Control Officer, upon request, for good cause. During the time that such owner and/or operator is preparing revisions to the approved Dust Control Plan, such owner and/or operator must still comply with all requirements of

this rule.

306 CONTROL MEASURES:

306.1 The owner and/or operator of a dust generating 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 implemented must achieve the applicable sta ndard(s) described in Sections 301 and 302 of this rule, as determined by the corresponding test method(s), as applicable, and must achieve other applicable standard(s) set forth in this rule.

306.3 Failure to comply with the provisions of Section 308 (Wo rk Practices) of this rule, as applicable, and/or of an approved Dust Control Plan, is deemed a violation of this rule.

306.4 Regardless of whether a dust generating operation is in compliance with an approved Dust Control Plan, or there is no approved du st control plan, the owner and/or operator of a dust generating operation is still subject to all requirements of this rule at all times.

307 PROJECT INFORMATION SIGN: For all sites with an earthmoving permit that are five acres or larger, except for rout ine maintenance and repair done under a block permit, the owner and/or operator shall erect and maintain a project information sign at the main entrance, that is readable by the public. Such sign shall have a white background, have black block lettering th at is at least four inches high, and shall 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 number of person(s) responsible for conducting the project, and

30 7.4 Text stating: “Dust Complaints? Call Maricopa County Environmental Services Department (insert the current/accurate phone number for the complaint phone line).”

308 WORK PRACTICES: When engaged in the following specific activities, the owner and/or

op erator of a dust generating operation shall comply with the following 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 t o the Public: Notwithstanding other sections of this rule, the owner and/or operator of a dust generating operation and the 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 th an 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 all haul trucks with a tarp or other suitable closure; and

d. Before the empty haul truck le aves the site, clean the interior of the cargo compartment or cover the cargo compartment.

308.2 Bulk Material Hauling On

- Site Within the Boundaries of The Work Site: When crossing a paved area accessible to the public while construction is underway, the owner and/or operator of a dust 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

com partment’s floor, sides, and/or tailgate(s); and

c. Install a suitable trackout control device that controls and prevents trackout and/or removes particulate matter from tires and the exterior surfaces of haul trucks and/or

motor vehicles that traverse su ch work site. Examples 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 dust generating operation shall do all of the following:

a. Install, maintain a nd use a suitable trackout control device (examples of trackout

control devices are described in Table 17

– Trackout Control of this rule) that controls and prevents trackout and/or removes particulate matter from tires and the exterior

surfaces of haul truc ks and/or motor vehicles that traverse such operation at all exits onto paved areas 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 cubic yards of bulk materials are hauled on

- site and/or

off

- site per day.

b. Clean up, trackout, carry

- out, spillage, and/or erosion, on the following time

schedule:

(1) Immediately, when trackout, carry

- out, or spillage extends a cumulative distance

of 50 linear f eet 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 owner and/or operator of a dust generating operation shall implement one or more control measure(s) describe d in Table 3

– Unpaved Haul/Access Roads of this rule, 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 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 shall do at least one of the following:

a. Inside the PM 10 nonattainment area, restrict vehicular speed s to 15 miles per hour and vehicular trips to no more than 20 per day per road;

b. Outside the PM 10 nonattainment area, restrict vehicular trips to no more than 20 per day per road; orc. Implement control measures, as described in Table 3

– Unpaved Haul/A ccess Roads

of this rule.

308.6 Open Storage Piles: For the purpose of this rule, 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 unless a person can show, by testing in accordance with

ASTM Method C136

- 96A or other equivalent method approved in writing by the Control

Officer and the Administrator of E PA, 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 to and/or while conducting stacking, loading, and unloading operations, comply

with one of the followin g 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 stacking, loading, and unloading operations, comply with one of the following work practi ces:

(1) Cover open storage piles with tarps, plastic, or other material to prevent wind from removing the coverings;

(2) Apply water to maintain a soil moisture content at a minimum of 12%, as determined by ASTM Method D2216

- 98, or other equivalent meth ods approved by the Control Officer and the Administrator of EPA. For areas that have an optimum moisture content for compaction of less than 12%, as determined by

ASTM Method D1557

- 91 (1998) or other equivalent methods approved by the

Control Officer and the Administrator of EPA, maintain at least 70% of the optimum soil moisture content;

(3) Meet one of the stabilization requirements described in Section 302.3 of this rule; or

(4) Construct and maintain wind barriers, storage silos, or a three

- sided enc losure 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%. If implementing th is subsection, the owner and/or operator must also implement either Section 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 generat ing operation shall operate a water application

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 dislodged.

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

a. Apply water before weed abatement by discing or blading occurs; and

b. Apply water while weed abatement by discing or blading is occurring; andc. Either:

(1) Pave, apply gravel, apply water, or apply a suitable dust suppressant, in compliance with Sec tion 302.3 of this rule, after weed abatement by discing or blading occurs; or

(2) Establish vegetative ground cover in sufficient quantity, in compliance with Section 302.3 of this rule, after weed abatement by discing or blading occurs.

SECTION 400 - A DMINISTRATIVE REQUIREMENTS

401 DUST CONTROL PLAN POSTING: The owner and/or operator of an earthmoving operation shall post a copy of the approved Dust Control Plan in a conspicuous location at the work site,

within on

- site equipment, or in an on

- site vehi cle, 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 required to keep a copy of the 81⁄2” by

11” site d rawing according to Section 304.2 of this rule. DUST CONTROL PERMIT REQUIREMENTS:

401.1 To apply for a Dust Control permit, an applicant shall complete a permit application in the manner and form prescribed by the Control Officer. At a minimum, such appli cation shall contain the following information :

a. Applicant information;

b. Project information, which shall include a project site drawing and, if the site is one acre or larger, soil designations; and

c. Dust Control Plan, which shall meet the specif ications described in Section 402 of

this rule.

401.2 A Dust Control permit shall be granted subject to, but not limited to, the following

conditions:

a. The permittee shall be responsible for ensuring that all persons abide by the

conditions of the Dust Control permit and these regulations;

b. The permittee shall be responsible for supplying complete copies of the Dust Control permit including the Dust Control Plan, to all project contractors and subcontractors;

c. The permittee shall be responsible fo r all permit conditions, until a Permit Cancellation Request form has been submitted by the owner and/or operator and approved by the Control Officer;

d. The permittee shall be responsible for providing Dust Control Coordinator’s/ Coordinators’ name(s) an d dust control training certification information/number(s) to the Control Officer and for keeping such information updated.

401.3 The signature of the permittee on the Dust Control permit application shall constitute agreement to accept responsibility for meeting the conditions of the Dust Control permit and for ensuring that control measures are implemented throughout the project site and during the duration of the project.402 COMPLIANCE SCHEDULE: The requirements of this rule supercede any conflicting requirements that may be found in existing Dust Control Plans. DUST CONTROL PLAN REQUIREMENTS:

402.1 For Earthmoving Permits: If any changes to a Dust Control Plan, associated with an Earthmoving Permit, are necessary as a result of the most recent revis ions of this rule, such changes shall not be required until the Earthmoving Permit is required to be

renewed. The owner and/or operator of a dust generating operation shall submit to the Control Officer a Dust Control Plan with any permit applications that involve dust generating operations with a disturbed surface area that equals or exceeds 0.10 acre (4,356 square feet) including both of the following situations:

a. When submitting an application for a Dust Control permit involving dust generating

operat ions that would equal or exceed 0.10 acre (4,356 square feet), and

b. Before commencing any routine dust generating operation at a site that has obtained or must obtain a Title V, Non

- Title V, or General permit under Regulation II

- Permits

and Fees of these rules.

402.2 For Non

- Title V Permits And For Title V Permits: If any changes to a Dust Control Plan,

associated with a Non

- Title V Permit or with a Title V Permit, are necessary as a result of the most recent revisions of this rule, then the owner and/o r operator shall submit a revised Dust Control Plan to the Control Officer, according to the minor permit revision procedures described in Rule 220 and Rule 210 of these rules respectively, no later than 6

months after the effective date of the most recent revisions to this rule. The owner and/or operator of a dust generating operation shall submit to the Control Officer a Dust Control Plan with any application for a Dust Control permit. Applicants shall describe, in a Dust Control Plan, all control measure s to be implemented before, after, and while conducting any dust generating operation, including during 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 phone numbers of person(s) responsible for the submittal and implementation of the Dust Control Plan and responsible for the dust generating operation.

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

(1) Entire project site/facility boundarie s,

(2) Acres to be disturbed with linear dimensions,

(3) Nearest public roads,

(4) North arrow, and

(5) Planned exit locations onto paved areas accessible to the public.

c. Appropriate control measures, or a combination thereof, as described in Secti on 305

and Section 306 of this rule, for every actual and potential dust generating operation.

(1) Control measures must be implemented before, after, and while conducting any dust generating operation, including during weekends, after work hours, and on holidays.(2) All required control measures and at least one contingency control measure must be identified for all dust generating operations.

(3) A control measure th at 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 described in Section 301 of this rule.

(4) If complying with Section 305.7

- Control Measures for Dust Generating Operations

- Unpaved Haul/Access Roads of this rule, the Dust Control P lan must include the 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).

d. Dust suppressants to be applied, including all of the 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 environmental impacts and approvals or certifications related to appropriate and safe use for ground application.

e. Specific surface treatment(s) and/or control measures utilized to control material trackout and sedimentation where unpaved roads and/or access points join paved areas accessible to the publi c.

402.4 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 permit, as described in Rule 200

- Permit Requirements of these ru les. Failure to comply with the provisions of an approved Dust Control Plan is deemed a violation of this rule.

402.5 For construction projects one acre or larger, except for routine maintenance and repair done under a Dust Control permit

- 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 will be imported to the dust generating operation. The measured soil content at a particular site shall take precedence over any mapped soil types, and whenever soils have been tested at a particular site, the test results should be relied on rather than the map in Appendix F of these rules.

402.6 Should any primary control measure(s) prove ineffective, the owner and/or ope rator 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 need not revise the Dust Control Plan.

403 DUST CONTROL PLAN REVISIONS:

403.1 If Required By The Control Officer:

a. If the Control Officer determines that an approved Dust Control Plan has been followed, yet fugitive dust emissions from any dust generating operation still exceed

the standards of thi s rule, then the Control Officer shall issue a written notice to the owner and/or operator of the dust generating operation explaining such

determination.b. The owner and/or operator of a dust generating operation shall make written

revisions to the Dust Control Plan and shall submit such revised Dust Control Plan to the Control Officer within three working days of receipt of the Control Officer’s written notice, unless such time period is extended by the Control Officer, upon request, for good cause. Dur ing the time that such owner and/or operator is preparing revisions to the approved Dust Control Plan, such owner and/or operator must still comply with all requirements of this rule.

403.2 If Requested By The Permittee:

a. If the acreage of a project changes, the owner and/or operator shall request a Dust

Control Plan revision. 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 request a Dust Control

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

c. If the name(s), address(es), or phone numbers of person(s) responsible for the submittal and implementation of the D ust Control Plan and responsible for the dust generating operation change, the owner and/or operator shall request a Dust Control

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

d. If the activities related to the purposes for which the Dust Control permit was obtained change, the owner and/or operator shall request a Dust Control Plan

revision. Such Dust Control Plan revision shall be filed in the manner and form prescribed by the Con trol 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 the Dust Control Plan shall not be required until the associated Dust Control permit is required to be renewed.

b. If any changes to a Dust Control Plan, associated with a Title V permit or with a

Non

- Title 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 Officer, according to the minor permit revision procedures described in Rule 210 or in Rule 220 of these rules respectively, no later than six months after the

effective date of the most recent revisions to this rule.

404 DUST CONTROL PERMIT

- BLOCK PERMIT REQUIREMENTS:

404.1 A Dust Control permit

- Block permit application may be submitted to the Control Officer,

if one or more of the activities listed in this section of this rule are conducted and if such activities occur at more than one site (i.e., projects that involve multiple small areas scattered throughout Maricopa County, including but not limited to, fiber optic cable installation and natural gas line extension). New construction shall obtain a separate Dust

Control permit.

a. Routine operation (i.e., municipalities, governmental agencies, and utilities that are responsible for the repeat maintenance of infrastructure, including but not limited to, 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 infrastructure, including but not limited to, weed control around a prison, canal bank and road grading, and road shoulder grading).

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 submit ting a Dust Control permit

- Block permit application, the owner and/or operator shall comply with the following requirements:

a. A Dust Control Plan that meets the criteria described in Section 402 of this rule and applies to all sites shall be submitted to the Control Officer with the Dust Control permit

- Block permit application.

b. A list of all sites, including the location and size of each site, shall be submitted to the Control Officer with the Dust Control permit

- Block permit application.

c. For any project not listed in the Dust Control permit

- Block permit application, the applicant shall notify the Control Officer in writing at least three working days prior to commencing the dust generating operation. The notice shall include the site location, si ze, type of activity, and start date.

404. 3 The Dust Control permit

- Block permit will cover crews that work for the municipalities

, governmental agencies, and utilities, including subcontractors. However, municipalities

, governmental agencies, and utiliti es shall retain overall authority for dust control on the project.

405 APPROVAL OR DENIAL OF PERMIT APPLICATIONS FOR DUST

- GENERATING

OPERATIONS: The Control Officer shall take final action on a Dust Control permit application, a Dust Control permit revisi on, or a Dust Control permit

- block permit within 14 calendar days of the filing of the complete application. The Control Officer shall notify the applicant in writing of his approval or denial.

406 TERMS FOR PERMITS FOR DUST

- GENERATING OPERATIONS: A Dust Control permit issued according to this rule shall be issued for a period of one year from the date of issuance. Should the project last longer than one year from the date the permit was issued, the permittee sha ll re

- apply for a Dust Control p ermit at lea st 14 calendar days prior to the expiration date of the original permit.

407 DEFACING, ALTERING, FORGING, COUNTERFEITING, OR FALSIFYING PERMITS

FOR DUST

- GENERATING OPERATIONS: A person shall not willfully deface, alter, forge, counterfeit, or falsify any Dust Control permit issued under the provisions of this rule.

408 FEES FOR PERMITS FOR DUST

- GENERATING OPERATIONS: No Dust Control permit is valid until the applicable Dust Control permit fee has been received and until the Dust Control permit is issued by the Control Officer.

409 POSTING OF PERMITS FOR DUST

- GENERATING OPERATIONS: A Dust Control permit and a Dust Control Plan, as approved by the Control Officer, shall be posted in a conspicuous location at the work site, within on

- site equipment, or in an on

- site vehicle, or shall

otherwise be kept available on

- site at all times.

410 COMPLIANCE SCHEDULE: The newly amended provisions of this rule shall become effective upon adoption of this rule. An owner and/or operator of a dust generating operationsubj ect to this rule shall meet all applicable provisions of this rule upon adoption of the newly amended provisions of this rule and according to the following schedule:

410.1 Basic Dust Control Training Class: No later than December 31, 2008, a site superin tendent or other designated on

- site representative of the permit holder and water truck and water pull drivers for each site shall have successfully completed the Basic Dust Control Training Class, as described in Section 309.1 of this rule.

410.2 Dust Co ntrol Coordinator : No later than June 30, 2008, any site and/or any contiguous site under common control of five acres or more of disturbed surface area subject to a permit shall, at all times during primary dust generating operations related to the purpos es 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.

SECTION 500
- MONITORING AND RECORDS

501 COMPLIANCE DETERMINA TION: To determine compliance with the visible emissions requirements in Section 303 of this rule and with the stabilization requirements in Section 304 of

this rule , the following test methods shall be followed:

501.1 Opacity Observations:

a. Dust -G ene rating Operations: Opacity observations of a source engaging in of dust generating operations shall be conducted in accordance with Appendix C, Section 3

- Time Averaged Methods of Visual Opacity Determination of Emissions from Dust

Generating Operations of these rules

.

b. Unpaved Parking Lot: Opacity observations of 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/A ccess 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) shall be conducted in accordance with Appendix C, Section

2.1

- Test Methods fo r Stabilization for Unpaved Roads and Unpaved Parking Lots of

these rules.

d. Visible Emissions Beyond The Property Line: Opacity observations of any visible emissions beyond the property line shall be conducted in accordance with EPA

Reference Method 22.

501.2 Stabilization Observations:

a. Unpaved Parking Lot: Stabilization observations for unpaved parking lots 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. When

more than 1 one test method is permitted for a determination, an exceedance of the limits established in this rule determined by any of the applicable test methods

constitutes 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 work 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 rule. When more than 1 one test method is permittedfor a determination, an exceedance of the limits established in this rule determined by any of the applicable test methods constitutes sh all constitute a violation of this

rule.

c. Open Area And Vacant Lot Disturbed Surface Area: Stabilization observations for an open area and vacant lot or any disturbed surface area on which no activity is occurring (whether at a work site that is under c onstruction, at a work site that is temporarily or permanently inactive) shall be conducted in accordance with at least one of the techniques described in subsection Section 501.2(c)(1) through subsection

Section 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 in a manner that meets at least 1 one of the

standards described in subsection 302.3 Section 30 4.3 of this rule, as applicable.

(1) Appendix C, Section 2.3

- Test Methods for Stabilization

- Visible Soil Crust

Determination

- The Drop Ball /Steel Ball Test of these rules for a visible crust; or

(2) Appendix C, Section 2.4

- Test Methods for Stabilization -D etermination of Threshold Friction Velocity (TFV)

- Sieving 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

- De termination of Flat Vegetative Cover of these rules for flat vegetation cover (i.e., attached (rooted) vegetation or unattached vegetative debris lying on the surface with a predominant horizontal orientation that is not subject to movement by wind) that

i s equal to at least 50%; or

(4) Appendix C, Section 2.6

- Test Methods for Stabilization

- Determination of Standing Vegetative Cover of these rules for standing vegetation cover (i.e., vegetation that is attached (rooted) with a predominant vertical orientation) 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 these rules for standing vegetation cover (i.e., vegetation that is attached (rooted) with a predominant vertical orientation) that is equal to or greater than 10% and where the threshold friction velocity is equal to or greater than 43 cm/second when corrected for non

- erodible elements; or

(6) Appendix C, Section 2.7

- Test Methods for Stabilization

- Rock Tes t Method of these rules for a percent cover that is equal to or greater than 10%, for non

erodible elements; or

(7) An alternative and equivalent test method approved in writing by the Control

Officer and the Administrator of the EPA

.

502 RECORDKEEPING:

502.1 Any person who conducts dust generating operations that require a Dust Control Plan shall keep a daily written log a written record of self

- inspection on each day dust generating operations are conducted

. Self

- inspection records shall include daily inspections for crusted or damp soil, trackout conditions and clean

- up measures, daily water usage, and dust suppressant application. Such written record shall also include the actual application or implementation of the control measures delineated in the approved Dust Control Plan (including records on any street sweeping, water applications, andmaintenance of trackout control devices, gravel pads, fences, wind barriers, and tarps). following information:

a. Method, frequency, and intensity of applicatio n or implementation of the control

measures;

b. Method, frequency, and amount of water application to the site;

c. Street sweeping frequency;

d. Types of surface treatments applied to and maintenance of trackout control devices, gravel pads, fences, wind barriers, and tarps;

e. Types and results of test methods conducted;

f. If contingency control measures are implemented, actual application or imple

mentation of contingency control measures and why contingency control measures were implemented;

g. Li st of subcontractors’ names and registration numbers 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 the class(es) that such employee(s)

su ccessfully completed, and name of the agency/representative who conducted such class(es).

502.2 Any person who conducts dust generating operations that do not require a Dust Control Plan shall compile and retain records (including records on any street sw eeping, water applications, and maintenance of trackout control devices, gravel pads, fences, wind barriers, and tarps) that provide evidence of control measure application, by indicating the type of treatment or control measure, extent of coverage, and da te applied.

502.3 Upon verbal or written request by the Control Officer, the log or the records and supporting documentation shall be provided within as soon as possible but no later than 48 hours, excluding weekends. If the Control Officer is at the site where requested records are kept, records shall be provided without delay.

503 RECORDS RETENTION: Copies Any person who conducts dust generating operations that require a Dust Control Plan shall retain copies of approved Dust Control Plans, control measu res implementation records, and all supporting documentation shall be retained 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

. Copies of approved Dust Control Plans, control measures implementation records, and all supporting documentation shall be retained for at least 1 year from

the date such records were initiated. If a person has obtained a Title V Permit and is subject to the requirements of this r ule, then such person shall retain records required by this rule for at least 5

five years from the date such records are established.

504 TEST METHODS ADOPTED BY REFERENCE: The test methods listed in this section are adopted by reference. These adoptions by reference include no future editions or amendments. Copies of the test methods listed in this section are available for review at the Maricopa County Environmental Services Department Maricopa County Air Quality Department , 1001 North Central Avenue, Phoenix, AZ, 85004

- 1942.

504.1 ASTM Method C136

- 96A C136

- 06 (“Standard Test Method for Sieve Analysis of Fine

and Coarse Aggregates”), 1996 2006 edition.504.2 ASTM Method D2216

- 98 D2216

- 05 (“Standard Test Method for Laboratory

Determination of Water (Moi sture) Content of Soil and Rock By Mass”), 1998 2005

edition.

504.3 ASTM Method D1557

- 91(1998) D1557

- 02e1 (“Test Method for Laboratory Compaction

Characteristics of Soil Using Modified Effort (56,000 ft

- lbf/ft 3 (2,700 kN

- m/m 3 )”), 1998

2002 edition.

504.4 EPA Reference Method 22 (“Visual Determination of Fugitive Emissions from Material

Sources and Smoke Emissions from Flares”), 2000 edition.Table 1 Vehicle Use In Open Areas And Vacant Lots

a. An owner and/or operator must implement one of the following control measures:

1. Restrict trespass by installing signs; or

2. Install physical barriers such as curbs, fences, gates, posts, signs, shrubs, and/or trees to prevent

access to the area.

Table 2 Unpaved Parking Lots

a. An owner and/or operator must im plement 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; or

3. Apply a suitable dust suppressant in compliance with Section 302.1 o f this rule.

b. Suggested additional control measure for contingency plans:

1. Limit vehicle speeds to 15 m.p.h. on the site.

Table 3 Unpaved Haul/Access Roads

a. An owner and/or operator must implement one of the following control measures:

1. Limit ve hicle speed to 15 m.p.h or less and limit vehicular trips to no more than 20 day;

2. Apply water, so that the surface is visibly moist in compliance with Section 302.2 of this rule;

3. Pave;

4. Apply and maintain gravel, recycled asphalt, or other suita ble 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.

Table 4 Open Areas And Vacant Lots

a. An owner and/or operator must implement one of the following contro l 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 characteris tics are similar to adjacent or nearby undisturbed native conditions.

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 sit e 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 im plement 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 Meth od D2216

- 98 or other equivalent method as approved by the Control Officer and

the Administrator of EPA. For areas that have an optimum moisture content for compaction of less than 12%, as determined by ASTM Method D1557

- 91 (1998) or other equivalent method approved by the Control Officer and the Administrator of EPA, maintain at least 70% of the optimum soil moisture content; or3. 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 to roadways or urban areas to reduce the amount of windblown material leaving a site.

b. Suggested additional control measure for contingency plans:

1. Limit vehicle speeds to 15 m.p.h on the work site.

Table 7

Disturbed Surface Areas

– Temporar y Stabilization (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 are similar to adjacent or nearby undisturbed native conditions.

Table 9 Blasting Operations

a. An owner and/or operator must implement all of the foll owing control measures:

1. In wind gusts above 25 m.p.h., discontinue blasting; and

2. Pre

- water and maintain surface soils in a stabilized condition where support equipment and vehicles will operate.

Table 10

Demolition Activities

a. An owner and/or op erator must implement all of the following control measures:

1. Stabilize demolition debris. Apply water to debris immediately following demolition activity; and

2. Stabilize surrounding area immediately following demolition activity. Water all disturbed soil surfaces to establish a crust and prevent wind erosion of soil.

b. Suggested additional control measure for contingency plans:

1. Thoroughly clean blast debris from paved and other surfaces following demolition activity.

Table 11

Bulk Material Hand ling Operations Work Practices For Stacking, Loading, And Unloading Operations

a. An owner and/or operator must implement one of the following control measures:

1. Spray material with water, as necessary, prior to stacking, loading, and unloading, and/or while stacking, loading, 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 additional control measures for contin gency plans:

1. Pre

- water and maintain surface soils in 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 lo ader bucket close to the truck to minimize the drop height while dumping.

Table 12 Open Storage Piles When Not Conducting Stacking, Loading, And Unloading Operations

a. An owner and/or operator must implement one of the following control measures:

1. Cov er open storage piles with tarps, plastic, or other material such that the coverings will not be dislodged by wind;

2. Apply water to maintain a soil moisture content at a minimum of 12%, as determined by ASTM

Method D2216

- 98, or other equivalent methods approved by the Control Officer and the Administrator of the EPA; or for areas that have an optimum moisture content for compaction of less than 12%, as determined by ASTM Method D1557

- 91 (1998) or other equivalent methods approved by the Control Officer a nd the Administrator of EPA, maintain at least 70% of the soil moisture content;

3. Meet the stabilization requirements described in Section 302.3 of this rule; or

4. Implement (a)(2) or (a)(3), above, and construct and maintain wind barriers, storage si los, 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 tha n 50%.

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 all 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 of bulk material from holes or other openings in the cargo compartm ent’s floor, sides, and/or tailgate(s);

3. Install a suitable trackout control device that controls 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 s ite.

b. Suggested additional control measure for contingency plans:

1. Limit vehicle speeds to 15 m.p.h. on the work site.

Table 14 Bulk Material Hauling/Transporting When On

- Site Hauling/Transporting

Within The Boundaries Of The Work Site But Not Crossi ng 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 m.p.h. or less while traveling on the work site;

2. Apply water to the top of the load in complianc e with Section 301 of this rule; or

3. Cover haul trucks with a tarp or other suitable closure.

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 t he cargo compartment’s floor, sides, and/or tailgate(s); and

4. Before the empty haul truck leaves the site, clean the interior of the cargo compartment or cover the cargo compartment.Table 16 Clean Up Of Trackout, Carry Out, Spillage, And Erosion

a. An owner and/or operator must implement one of the following control measures:

1. Operate a street sweeper or wet broom with sufficient water, at the speed recommended by the manufacturer and at the frequency(ies) described in Section 308.3 of this rule; or

2. Manually sweep up deposits in compliance with Section 308.3 of this rule.

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 tr ackout must be cleaned up at the end of the workday; and

2. In accordance with Section 308.3(a), prevent trackout by implementing one of the following

control measures:

i. At all access points, install a grizzly or wheel wash system.

ii. At all access p oints, install a gravel pad at least 30 feet wide, 50 feet long, and 6 inches deep, in compliance with Section 213 of this rule.

iii. Pave starting from the point of intersection with a paved area accessible to the public and extending for a centerline di stance of at least 100 feet and a width of at least 20 feet.

b. Suggested additional control measures for contingency plans:

1. Clearly establish and enforce traffic patterns to route traffic over selected trackout control devices.

2. Limit site accessib ility to routes with trackout control devices in place by installing effective barriers on unprotected routes.

3. Pave construction activity roadways as soon as possible.

Table 18 Weed Abatement By Discing Or Blading

a. An owner and/or operator must impl ement 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 s uitable dust suppressant, in compliance with Section 302.3 of this rule, after weed abatement by discing or blading occurs; or

ii. Establish vegetative ground cover in sufficient quantity, in compliance with Section 302.3 of this rule, after weed abatemen t by discing or blading occurs.

b. Suggested additional control measures for contingency plans

1. Limit vehicle speeds to 15 m.p.h. during discing and blading operations.

Table 19 Easements, Rights

- Of

- Way, And Access Roads For Utilities (Electricity, Nat ural Gas, Oil, Water, And Gas Transmission) Associated With Sources

That Have A Non

- Title V Permit, A Title V Permit,

And/Or A General Permit Under These Rules

a. An owner and/or operator must implement one of the following control measures:

1. Inside the PM10 nonattainment area, restrict vehicular speeds to 15 m.p.h. and vehicular 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 control measur es, as described in Table 3 (Unpaved Haul/Access Roads) of this rule.

Note: For Tables 20 & 21, control measures in [brackets] are to be applied only to dust generating operations outside the nonattainment area.

Table 20Wind Event Control Measures

- Dust Generating Operations

a. An owner and/or operator must implement one of the following control measures:

1. Cease dust generating operations for the duration of the condition/situation/event when the 60

- minute average wind speed is greater than 25 m.p.h. a nd if dust generating operations are ceased for the remainder 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;

3. Apply water as necessary to maintain a soil moisture content at a minimum of 12%, as determined by ASTM Method D2216

- 98 or other equivalent method as approved by the Control Officer and

the Administrator of EPA. For areas that have an optimum moisture content for compaction of les s than 12%, as determined by ASTM Method D1557

- 91 (1998) or other equivalent method 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), above, and cons truct 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.

Table 21

Wind Event Control Measures

- Temporary Disturbed Surface Areas (Af ter Work Hours, Weekends, Holidays)

a. An owner and/or operator must implement one of the following control measures:

1. Uniformly apply and maintain surface gravel or dust suppressants, in compliance with Section 302.3 of this rule;

2. Apply water to al l 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 t his rule; or

4. Cover open storage piles with tarps, plastic, or other material such that wind will not remove the covering(s).

b. Suggested additional control measures for contingency plans:

1. Implement a combination of the control measures listed in ( a)(1) through (a)(4), above.

REGULATION III
- CONTROL OF AIR CONTAMINANTS

RULE 310.01

FUGITIVE DUST FROM OPEN AREAS, VACANT LOTS, UNPAVED PARKING LOTS, AND UNPAVED ROADWAYS

INDEX NON

- TRADITIONAL SOURCES OF FUGITIVE DUST

SECTION 100
- GENERAL

101 PURPOSE

102 APPLICABILITY

103

SECTION 200
- DEFINITIONS EXEMPTIONS

201 ANIMAL WASTE

202 AREA A

203

201 AREA ACCESSIBLE TO THE PUBLIC

204

202 BULK MATERIAL

205

203 CHEMICAL/ORGANIC STABILIZER

206

204 CONTROL MEASURE

207 DISTURBED SURFACE AREA

208

205 DUST GENERATING OPERA TION

209 DUST SUPPRESSANT

210 EMERGENCY211 EMERGENCY ACTIVITY

212

206 FEEDLOTS AND/OR LIVESTOCK AREAS FEED LANE ACCESS AREAS

207 213 FUGITIVE DUST

214 GRAVEL PAD

215 GRIZZLY

216

208 LIVESTOCK ACTIVITIES

217 MOTOR VEHICLE

218

209 NON

- TRADITIONAL SOURCE OF FUGITIVE DUST

219

210 NORMAL FARM CULTURAL PRACTICE

220

211 OFF

- ROAD VEHICLE

221

212 OPEN AREAS AND VACANT LOTS

222

213 OWNER AND/OR OPERATOR

223

214 PAVE

224 PM 10 NONATTAINMENT AREA

225

215 PROPERTY LINE

226 PUBLIC ROADWAYS

227 TRACKOUT/CARRYOUT

228 TRACKOUT CO NTROL DEVICE

229

216 UNPAVED ACCESS CONNECTIONS

230

217 UNPAVED PARKING LOT

231

218 UNPAVED ROADWAY (INCLUDING ALLEYS)

232

SECTION 300

– STANDARDS VACANT LOT

301 VEHICLE USE IN OPEN AREAS AND VACANT LOTS

302 OPEN AREAS AND VACANT LOTS GENERAL REQUIREMENTS FOR NON

- TRADITIONAL SOURCES OF FUGITIVE DUST

303 UNPAVED PARKING LOTS CONTROL MEASURES FOR NON

TRADITIONAL SOURCES OF FUGITIVE DUST

304 UNPAVED ROADWAYS (INCLUDING ALLEYS)

305 FEEDLOTS AND/OR LIVESTOCK AREAS

306 EROSION

- CAUSED DEPOSITION OF BULK MATERIALS ON TO PAVED

SURFACES

307 EASEMENTS, RIGHTS

- OF

- WAY, AND ACCESS ROADS FOR UTILITIES (ELECTRICITY, NATURAL GAS, OIL, WATER, AND GAS TRANSMISSION)

SECTION 400

– ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500

– MONITORING AND RECORDS

501 STABILIZATION OB SERVATIONS

502 RECORDKEEPING COMPLIANCE DETERMINATION

503 RECORDS RETENTIONAdopted 06/16/99

Revised 02/16/00

Revised 02/17/05

Revised 03/26/08

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION III

– CONTROL OF AIR CONTAMINANTS

RULE 310.01

FU GITIVE DUST FROM OPEN AREAS, VACANT LOTS, UNPAVED PARKING LOTS, AND UNPAVED ROADWAYS

NON

- TRADITIONAL SOURCES OF FUGITIVE DUST

SECTION 100

– GENERAL

101 PURPOSE: To limit the emission of particulate matter into the ambient air from open areas,

vacant lots , unpaved parking lots, and unpaved roadways which are not regulated by Rule 310

- Fugitive Dust of these rules, and which do not require a permit nor a Dust Control Plan. The effect of this rule shall be to fine particulate matter (PM 10 ) entrained into the ambient air as a result of the impact of human activities by requiring measures to prevent, reduce, or mitigate particulate

matter emissions. To minimize the amount of fugitive dust entrained into the ambient air from

non

- traditional sources of fugitive du st by requiring measures to prevent, reduce, or mitigate fugitive dust emissions.

102 APPLICABILITY: The provisions of this rule shall apply to open areas, vacant lots, unpaved parking lots, and unpaved roadways which are not regulated by Rule 310

- Fugiti ve Dust of these rules and which do not require a permit nor a Dust Control Plan. In addition, the provisions of this rule shall apply to any open area or vacant lot that is not defined as agricultural land and is not used for agricultural purposes accordi ng to Arizona Revised Statutes ( A.R.S. ) § 4 2

- 12151 and

A.R.S. § 4 2

- 12152. The provisions of this rule shall not apply to normal farm cultural practices according to A.R.S. § 4 9

- 457 and A.R.S. § 4 9

- 504.4.

102.1 The provisions of this rule shall apply to no n- traditional sources of fugitive dust that are conducted in Maricopa County, except for those dust generating operations listed in

Section 103 of this rule.

102.2 The provisions of this rule shall apply to any open area or vacant lot that is not defined as agricultural land and is not used for agricultural purposes according to Arizona Revised Statutes ( A.R.S. ) § 4 2- 12151 and A.R.S. § 4 2- 12152.

103 EXEMPTIONS:

103.1 The provisions of this rule shall not apply to normal farm cultural practices according to
A.R.S. § 4 9- 457 and A.R.S. § 4 9- 504.4.

103.2 The provisions of this rule shall not apply to dust generating operations that are subject to the standards and/or requirements described in Rule 310

- Fugitive Dust from Dust Generating Operations of these ru les.

103.3 The provisions of this rule shall not apply to emergency activities that may disturb the soil conducted by any utility or government agency in order to prevent public injury or to

restore critical utilities to functional status.

103.4 An area is considered to 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 this rule.103.5 Establishing initial landscapes without the use of mechanized e quipment, conducting landscape maintenance without the use of mechanized equipment, and playing on or maintaining a field used for non

- motorized sports shall not be considered a dust generating operation. However, establishing initial landscapes without th e use of mechanized equipment and conducting landscape maintenance without the use of mechanized equipment shall not include grading, or trenching, performed to establish initial landscapes or to redesign existing landscapes.

103.6 Fugitive dust does not include particulate matter emitted directly from the exhaust of motor vehicles and other internal combustion engines, from portable brazing, soldering, or welding equipment, and from piledrivers, and does not include emissions from process

and combustion s ources that are subject to other rules in Regulation III (Control of Air Contaminants) of these rules.

SECTION 200

– DEFINITIONS: See Rule 100

- General Provisions and Definitions of these rules for definitions of terms that are used but not specifically defined in this rule. For the purpose of this rule, the following definitions shall apply:

201 ANIMAL WASTE

– Any animal excretions and mixtures containing animal excretions.

202 AREA A

– As defined in A.R.S. § 4 9- 541(1), the area in Maricopa County deline ated 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 thro ugh 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

203 AREA ACCESSIBLE TO THE PUBLIC

– Any parking lot or public roadway that can be approached, entered, or used for public travel p rimarily for purposes unrelated to the dust generating operation.

201 204 BULK MATERIAL

– Any material, including, but not limited to, the following materials earth, rock, silt, sediment, sand, gravel, soil, fill, aggregate less than 2 inches 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 shredders), and dry concrete, that are capable of producing fugitive dust.:

204 .1 Earth

204.2 Rock

204.3 Silt

204.4 Sediment

204.5 Sand

204.6 Gravel

204.7 Soil

204.8 Fill

204.9 Aggregate less than 2 inches in length or diameter (i.e., aggregate base course [ABC]

204.10 Dirt

204.11 Mud

204.12 Demolition debris204.13 Cotton

204.14 Tra sh

204.15 Cinders

204.16 Pumice

204.17 Saw dust

204.18 Feeds

204.19 Grains

204.20 Fertilizers

204.21 Fluff from shredders

204.22 Dry concrete

202 2 05 CHEMICAL/ORGANIC STABILIZER

– Any non

- toxic chemical or organic dust suppressant, other than water, which meets any specifications, criteria, or tests required by any Federal, State, or local water agency and is not prohibited for use by any applicable law, rule, or regulation.

203 206 CONTROL MEASURE

– A technique, practice, or procedure used to prevent or minimize the generation, emission, entrainment, suspension, and/or airborne transport of fugitive dust.

204 207 DISTURBED SURFACE AREA

– A portion of the earth's surface (or material placed thereupon) which or material placed on the earth’s surface that has been physically moved, uncovered, destabilized, or otherwise modified from its undisturbed native condition , thereby increasing the potential for the emission of fugitive dust. if the potential for the emission of fugitive dust is increased by the movement , destabilization, or modification. For the purpose of this rule, an area is considered to 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 300 of this rule.

208 DUST GENERATING OPERATION

– Any activity capable of generating fugitive dust, including but not limited to, the following activities:

208.1 Land clearing, maintenance, and land cleanup using mechanized equipment

208.2 Earthmoving

20 8.3 Weed abatement by discing or blading

208.4 Excavating

208.5 Construction

208.6 Demolition

208.7 Bulk material handling (e.g., bulk material hauling and/or transporting, bulk material stacking, loading, and unloading operations)

208.8 Storage and/or tra nsporting operations (e.g., open storage piles, bulk material hauling and/or transporting, bulk material stacking, loading, and unloading operations)

208.9 Operation of any outdoor equipment

208.10 Operation of motorized machinery

208.11 Establishing and/o r using staging areas, parking areas, material storage areas, or access

routes to and from a site

208.12 Establishing and/or using unpaved haul/access roads to, from, and within a site

208.13 Disturbed surface areas associated with a site

208.14 Installing initial landscapes using mechanized equipment

205 209 DUST SUPPRESSANT

– Water, hygroscopic material, solution of water and chemical surfactant, foam, non

- toxic chemical stabilizer

, or any other dust palliative

, which is not prohibited for ground surface application by the Environmental Protection Agency (EPA) or the Arizona Department of Environmental Quality (ADEQ), or any applicable law, rule, or regulation, as a treatment material for reducing fugitive dust emissions.

210 EMERGENCY

– A situation arisi ng from sudden 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

,du e to unavoidable increases in emissions attributable to the emergency. An emergency shall not include any noncompliance due to improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error.

211 EMERGENC Y ACTIVITY

– Repairs that are a result of an emergency which prevents or hinders the provision of electricity, the distribution/collection of water, and the availability of other utilities due to unforeseen circumstances that are beyond the routine mainten ance and repair due to normal wear conducted by a utility or municipality.

212 FEED LANE ACCESS AREAS

– Roads providing access from the feed preparation areas to and including feed lane areas at a livestock activity. These access roads are typically used to distribute

feed from feed trucks to the animals.

206 FEEDLOTS AND/OR LIVESTOCK AREAS

– Any area on which an operation directly related to feeding animals, displaying animals, racing animals, exercising animals, and/or for any other such activity exists

.

207 213 FUGITIVE DUST

– The particulate matter not collected 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, movement of soil, vehicles, equipment, blasting, and w ind. For the purpose of this rule, fugitive dust does not include particulate matter emitted directly from the exhaust of motor vehicles and other internal combustion engines, from portable brazing, soldering, or welding equipment, and from piledrivers, an d 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.

214 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 work 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. A gravel pad shall consist of one inch to 3 inches rough diameter, clean, well

- graded gravel or crushed rock. Minimum dimensions must be 30 feet wide by 3 inches deep, and, at minimum, 50 feet long or the length of the longest haul truck, whichever is grea ter.

215 GRIZZLY

– A device (i.e., rails, pipes, or grates) used to dislodge mud, dirt, and/or debris from the tires and undercarriage of motor vehicles and/or haul trucks prior to leaving the work site.

216 LIVESTOCK ACTIVITIES

– Any activity directly related to feeding animals, displaying animals, racing animals, exercising animals, and/or for any other such activity, including but not limited to, livestock arenas, horse arenas, and feed lots

.

208 217 MOTOR VEHICLE

– A self

- propelled vehicle for use on the public roads and highways of the State of Arizona and required to be registered under the Arizona State Uniform Motor Vehicle Act, including any non

- motorized attachments, such as but not limited to, trailers or other conveyances which are connected to or propelled by the actual motorized portion of the vehicle.

218 NON

- TRADITIONAL SOURCE OF FUGITIVE DUST

– A source of fugitive dust that is located at a source that does not require any permit under these rules. The following non

traditional sources of fugitive dust 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:

218.1 Vehicle use in open areas and vacant lots

218.2 Open areas and vacant lots

218.3 Unpav ed parking lots

218.4 Unpaved roadways (including alleys)

218.5 Livestock activities

218.6 Erosion

- caused deposition of bulk materials onto paved surfaces218.7 Easements, rights

- of

- way, and access roads for utilities (electricity, natural gas, oil,

water, and gas transmission)

209 219 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 nursery plants. Disturbances of the field surface caused by turning under stalks, tilling, leveling, planting, fertilizing, or harvesting are included in this definition.

210 220 OFF

- ROAD VEHICLE

– Any self

- propelled conveyance specifically designed for off

- road use, including

, but not limited to, off -r oad or all

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

211 221 OPEN AREAS AND VACANT LOTS

– Any of the following described in Section 211.1

Section 221.1 through Section 211.4 Section 221.3 of this rule. For the purpose of th is rule, vacant portions of residential or commercial lots that are immediately adjacent and owned and/or operated by the same individual or entity are considered one vacant open area or vacant lot.

211.1 221.1

211.2 An unsubdivided or undeveloped tract of land adjoining a developed or a partially developed residential, industrial, institutional, governmental, or commercial area.

221.2

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

nature.

221.3

211.4 A tract of land, in the PM 10 nonattainment area, adjoining agricultural property. A partially developed residential, industrial, institutional, governmental, or commercial

lot.

2 12 222 OWNER AND/OR OPERATOR

– Any person who owns, leases, operates, controls, or supervises a fugitive dust source subject to the requirements of this rule.

213 2 23 PAVE

– To apply and maintain asphalt, concrete, or other similar material to a roadway sur face (i.e., asphaltic concrete, concrete pavement, chip seal, or rubberized asphalt).

214 224 PM 10 NONATTAINMENT AREA

– An area designated by the EPA as exceeding national ambient air quality standards based upon data collected thru air quality monitoring. The geographical boundary of Maricopa County's PM 10 nonattainment area is defined as the rectangle determined by and including the following townships and ranges: T6N, R3W; T6N, R7E; T2S, R3W; T2S, R7E; and T1N, R8E. Maricopa County's PM 10 nonattainment a rea includes the following cities: Surprise, Peoria, Glendale, Phoenix, Scottsdale, Tempe, Mesa, Gilbert, Chandler, Avondale, Buckeye, and Goodyear.

225 PROPERTY LINE

– The boundaries of an area in which either a person causing the emission or a person al lowing the emission has the legal use or possession of the property. Where such property is divided into one or more sub

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

- tenancies.

215 226 PUBLIC ROADWAYS

– Any ro adways that are open to public travel.

227 TRACKOUT/CARRYOUT

– Any and all bulk materials that adhere to and agglomerate on the surfaces of motor vehicles, haul trucks, and/or equipment (including tires) and that have fallen or been deposited onto a pave d area accessible to the public.

228 TRACKOUT CONTROL DEVICE

– A gravel pad, grizzly, wheel wash system, or a paved area, located at the point of intersection of an unpaved area and a paved area accessible to the public that controls or prevents vehicular trackout.229 UNPAVED ACCESS CONNECTIONS

– Any unpaved road connection with a paved pubic

road.

216 230 UNPAVED PARKING LOT

– Any area larger than 5,000 square feet that is not paved and that is used for parking, maneuvering, material handling, or storing motor vehicles and equipment

. An unpaved parking lot includes, but is not limited to, automobile impound yards, wrecking yards, automobile dismantling yards, salvage yards, material handling yards, and storage yards. For the purpose of this definition, m aneuvering shall not include military maneuvers or exercises

conducted on federal facilities.

217 231 UNPAVED ROADWAY (INCLUDING ALLEYS)

– A road that is not paved and that is owned by Federal, State, county, municipal, or other governmental or quasi

- gover nmental agencies. For the purpose of this rule, an unpaved roadway (including alleys) is not a horse trail, hiking path, bicycle path, or other similar path used exclusively for purposes other than travel by motor

vehicles. An unpaved roadway (including al leys) includes designated or opened trail systems and service roads regardless of surface composition and any other property dedicated or otherwise reserved for public or private street uses, as evidenced by a recorded document, or having thereon a public easement for such use.

218 232 VACANT LOT

– The definition of vacant lot is included in Section 211 Section 221

- Definition

of Open Areas and Vacant Lots of this rule.

SECTION 300

– STANDARDS

301 GENERAL REQUIREMENTS FOR NON

- TRADITIONAL SOURCES OF FUGITIV E

DUST:

301.1 An owner and/or operator of a non

- traditional source of fugitive dust shall be subject to the standards and/or requirements described in this rule. Failure to comply with any such standards and/or requirements is deemed a violation of this r ule.

301.2 When an owner and/or operator of a non

- traditional source of fugitive dust fails to stabilize disturbed surfaces of vacant lots as required in Section 302.4 and Section 302.5 of this rule, the Control Officer shall commence enforcement of those rule provisions regarding the stabilization of disturbed surfaces of vacant lots that include the following:

a. Reasonable written notice to the owner or the owner’s authorized agent or the owner’s statutory agent that the unpaved disturbed surface of a vacant lot is required to be stabilized. The notice shall be given not less than 30 days before the day set for compliance and shall include a legal description of the property and the estimated cost to the county for the stabilization if the owner does not comply. The notice shall be either personally served or mailed by certified mail to the owner’s statutory agent,

to the owner at the owner’s last known address or to the address to which the tax bill for the property was last mailed.

b. Authority to ent er upon any said land/property where such non

- traditional source of fugitive dust exists/where such disturbed surface area exists and to take remedial and/or corrective action as may be deemed appropriate to cope with and relieve, reduce, remedy, and/or st abilize such non

- traditional source of fugitive dust/such disturbed surface area. Any cost incurred in connection with any such remedial or corrective action by the Maricopa County Air Quality Department or any person acting for the Maricopa County Air Quality Department shall be reimbursed by the owner and/or operator of such non

- traditional source of fugitive dust.

302 CONTROL MEASURES FOR NON

- TRADITIONAL SOURCES OF FUGITIVE DUST:302.1 When engaged in the activities described in Section 302.4 through S ection 302.10 of this rule, the owner and/or operator of a non

- traditional source of fugitive dust shall implement control measures as described in Section 302.4 through Section 302.10 of this rule, as applicable.

302.2 Control measures shall be implemented to achieve the visible emissions requirements, as required for each activity and the compliance determination in Section 501 of this rule.

302.3 Failure to implement control measures as required by this rule, as applicable, and/or

failure to maintain s tabilization of a non

- traditional source of fugitive dust with adequate surface crusting to prevent wind erosion as measured by the requirements in this rule

shall be deemed a violation of this rule.

302.4 Vehicle Use In Open Areas and Vacant Lots: The ow ner and/or operator of a non

traditional source of fugitive dust that involves vehicle use in open areas and vacant lots shall be subject to the visible emissions requirements described in Section 302.4(a) of this rule and, unless otherwise specified and/o r required, shall comply with the control measures described in Section 302.4(b) of this rule and the additional requirements described in Section 302.4(c) of this rule.

a. Visible Emissions Requirements: The owner and/or operator of a non

- traditional

sou rce of fugitive dust that involves vehicle use in open areas and vacant lots shall not cause, suffer, or allow visible emissions of particulate matter, including fugitive dust, beyond the property line within which the emissions are generated.

b. Control Measures:

(1) Prevent motor vehicle and/or off

- road vehicle trespassing, parking, and/or access by installing barriers, curbs, fences, gates, posts, shrubs, trees, or othe r effective control measures;

(2) Prevent motor vehicle and/or off

- road vehicle tre spassing, parking, and/or access by posting that consists of one of the following:

(a) A sign written in compliance with ordinance(s) of local, County, State, or Federal sign standards.

(b) An order of a government land management agency.

(c) Most curre nt maps approved by a government land management agency.

(d) Virtual posting a government land management agency.

(3) Uniformly apply and maintain surface gravel or chemical/organic stabilizers to all areas disturbed by motor vehicles and/or off

- road veh icles; or

(4) Apply and maintain an alternative control measure approved in writing by the

Control Officer and the Administrator.

c. Additional Requirements:

(1) If open areas and vacant lots are 0.10 acre (4,356 square feet) or larger and have

a cumula tive of 500 square feet or more that are disturbed by being driven over and/or used by motor vehicles, by off

- road vehicles, or for material dumping, then the owner and/or operator shall implement one or more of the control

measures described in Section 30 2.4(b) of this rule within 60 calendar daysfollowing the initial discovery by the Control Officer of disturbance or vehicle use on open areas and vacant lots.

(2) Within 30 calendar days following the initial discovery by the Control Officer of

disturban ce or vehicle use on open areas and vacant lots, the owner and/or operator shall provide in writing to the Control Officer a description and date of the control measure(s) to be implemented to prevent such disturbance or vehicle use on open areas and vacan t lots.

(3) The owner and/or operator shall implement all control measures necessary to limit the disturbance or vehicle use on open areas and vacant lots in accordance with the requirements of this rule. Control measure(s) shall be considered effectively implemented when the open areas and vacant lots achieve the compliance determi nations described in Section 302.4(a) of this rule.

(4) Once a control measure in Section 302.4(b) of this rule has been effectively implemented, then such open area or vacant lot is subject to the requirements of

Section 302.5

- Open Areas and Vacant Lots of this rule.

(5) Use of or parking on open areas and vacant lots by the owner and/or operator of such open areas and vacant lots shall not be considered vehicle use in open ar eas and vacant lots and shall not be subject to the requirements of Section 302.4(b) and Section 302.4(c)(1) through Section 302.4(c)(4) of this rule. Such open areas and vacant lots shall still achieve the compliance determinations described

in Section 501 of this rule.

(6) Establishing initial landscapes without the use of mechanized equipment or conducting landscape maintenance without the use of mechanized equipment shall not be considered vehicle use in open areas and vacant lots and shall not be subj ect to the requirements of Section 302.4(b) and Section 302.4(c)(1) through Section 302.4(c)(4) of this rule. Such open areas and vacant lots shall still achieve the compliance determinations described in Section 501 of this rule.

302.5 Open Areas and Vac ant Lots: The owner and/or operator of a non

- traditional source of fugitive dust that involves open areas and vacant lots shall be subject to the visible emissions requirements described in Section 302.5(a) of this rule and, unless otherwise specified and/or required, shall comply with the control measures described in Section 302.5(b) of this rule and the additional requirements described in Section 302.5(c) of this

rule.

a. Visible Emissions Requirements: The owner and/or operator of a non

- traditional

so urce of fugitive dust that involves open areas and vacant lots shall not cause, suffer, or allow visible emissions of particulate matter, including fugitive dust, beyond the property line within which the emissions are generated.

b. Control Measures:

(1) Establish vegetative ground cover on all disturbed surface areas. Such control measure(s) must be maintained and reapplied, if necessary. Stabilization shall be achieved, per this control measure, within eight months after the control measure has been imp lemented.

(2) Apply a dust suppressant to all disturbed surface areas.

(3) Restore all disturbed surface areas within 60 calendar days following the initial discovery by the Control Officer of the disturbance, such that the vegetativeground cover and so il characteristics are similar to adjacent or nearby undisturbed native conditions. Such control measure(s) must be maintained and reapplied, if necessary. Stabilization shall be achieved, per such control measure, within eight months after such control me asure has been implemented.

(4) Uniformly apply and maintain surface gravel.

(5) Apply and maintain an alternative control measure approved in writing by the

Control Officer and the Administrator.

c. Additional Requirements:

(1) If open areas and vacant lots are 0.10 acre (4,356 square feet) or larger and have a cumulative of 500 square feet or more that are disturbed and if such disturbed area remains unoccupied, unused, vacant, or undeveloped for more than 15 days, then the owner and/or operator shall implement one or more of the control measures described in Section 302.5(b) of this rule within 60 calendar days following the initial discovery by the Control Officer of the disturbance on the open areas and vacant lots.

(2) Within 30 calendar days following the initial discovery by the Control Officer of the disturbance on the open areas and vacant lots, the owner and/or operator shall provide in writing to the Control Officer a description and date of the control measure(s) to be implemented.

(3) Cont rol measure(s) shall be considered effectively implemented when the disturbance on the open areas and vacant lots achieves the compliance

determi nations described in Section 302.5(a) of this rule.

302.6 Unpaved Parking Lots: The owner and/or operator of a non

- traditional source of fugitive dust that involves unpaved parking lots shall be subject to the requirements described in Section 302.6(a) of this rule and, unless otherwise specified and/or required, shall comply with one of the control measures descr ibed in Section 302.6(b) of this rule and the additional requirements described in Section 302.6(c) of this rule.

a. Visible Emissions Requirements and Stabilization Requirements:

(1) The owner and/or operator of a non

- traditional source of fugitive dust that involves unpaved parking lots shall not cause, suffer, or allow visible emissions of particulate matter, including fugitive dust, beyond the property line within which the emissions are generated.

(2) The owner and/or operator of a non

- traditional source of fugitive dust that involves unpaved parking lots shall not cause or allow visible fugitive dust emissions to exceed 20% opacity and either Section 302.6(a)(2)(a) or Section 302.6(a)(2)(b) of this rule:

(a) Shall not allow silt loading equal to or greater than 0.33 oz/ft 2 ; or

(b) Shall not allow the silt content to exceed 8%.

b. Control Measures:

(1) Pave;(2) Apply dust suppressants other than water and install, maintain, and use a suitable trackout control device that controls and prevents tr ackout and/or removes particulate matter from tires and the exterior surfaces of motor vehicles that traverse the site;

(3) Uniformly apply and maintain surface gravel; or

(4) Apply water and install, maintain, and use a suitable trackout control device that controls and prevents trackout and/or removes particulate matter from tires and

the exterior surfaces of motor vehicles that traverse the site.

c. Additional Requirements:

(1) The owner and/or operator of an unpaved parking lot shall implement one o f the control measures described in Section 302.6(b) of this rule on any surface area(s) of the lot on which vehicles enter, park, and exit.

(a) If an unpaved parking lot is utilized for a period of 35 days or less during the calendar year, the owner and/ or operator shall implement one or more of the control measures described in Section 302.6(b) of this rule during the period that the unpaved parking lot is utilized for vehicle parking and shall restrict vehicle access to only those areas upon which a control measure has been implemented.

(b) If an unpaved parking lot is utilized for more than 35 days during the calendar year, the owner and/or operator shall implement one or more of the control measures described in Section 302.6(b)(1) through Section

302 .6(b)(3) of this rule during the period that the unpaved parking lot is utilized for vehicle parking and shall restrict vehicle access to only those areas upon which a control measure has been implemented.

(2) Control measure(s) shall be considered effect ively implemented when the unpaved parking lot achieves the compliance determi nations described in Section 302.6(a) of this rule.

(3) If trackout occurs, the owner and/or operator shall repair and/or replace the control measure(s) and shall clean

- up immed iately such trackout from paved areas accessible to the public including curbs, gutters, and sidewalks when

trackout extends a cumulative distance of 25 linear feet or more and at the end of the day for all other trackout.

(4) Parking, maneuvering, ingres s, and egress areas at developments other than residential buildings with four or fewer units shall be maintained with one or more of the following dustproof paving methods:

(a) Asphaltic concrete.

(b) Cement concrete.

(c) Penetration treatment of bitum inous material and seal coat of bituminous binder and a mineral aggregate.

(d) A stabilization method approved in writing by the Control Officer and the

Administrator.(5) Parking, maneuvering, ingress, and egress areas 3,000 square feet or more in

size at residential buildings with four or fewer units shall be maintained with a paving or stabilization method authorized by the county by code, ordinance, or permit.

302.7 Unpaved Roadways (Including Alleys): The owner and/or operator of unpaved roadways (i ncluding alleys) that are used by 150 vehicle trips or more per day in the

PM 10 nonattainment area shall be subject to the stabilization requirements described in Section 302.7(a) of this rule and, unless otherwise specified and/or required, shall comply

w ith one of the control measures described in Section 302.7(b) of this rule and the additional requirements described in Section 302.7(c) of this rule.

a. Stabilization Requirements : The owner and/or operator of unpaved roadways (including alleys) shall no t cause or allow visible fugitive dust emissions to exceed 20% opacity and either Section 302.7(a)(1) or Section 302.7(a)(2) of this rule:

(1) Shall not allow silt loading equal to or greater than 0.33 oz/ft 2 ; or

(2) Shall not allow the silt content to e xceed 6%.

b. Control Measures:

(1) Pave;

(2) Apply dust suppressants other than water; or

(3) Uniformly apply and maintain surface gravel.

c. Additional Requirements:

(1) If a person allows 150 vehicle trips or more per day on an unpaved roadway (inc luding an alley) in the PM 10 nonattainment area, then such person shall first implement one of the control measures described in Section 302.7(b) of this

rule.

(2) A person, who allows 150 vehicle trips or more per day on an unpaved roadway (including an alley) in the PM 10 nonattainment area, shall be responsible for conducting vehicle counts/traffic counts to determine if 150 vehicle trips or more per day occur on an unpaved roadway (including an alle y). A traffic count

shall measure vehicular traffic ove r a 48

- hour period, which may consist of two

non

- consecutive 24

- hour periods. Vehicular traffic shall be measured continuously during each 24

- hour period. The average vehicle counts/traffic counts on the highest trafficked days shall be recorded and provid ed to the Control Officer in writing within 60 days of verbal or written request by the

Control Officer.

(3) Control measure(s) shall be considered effectively implemented under the following conditions:

(a) When the unpaved roadway (including an alley) achieves the compliance

determina tions described in Section 302.7 (a) of this rule.

(b) When one of the control measures described in Section 302.7(b) of this rule is implemented on 5 miles of unpaved roadways (including alleys) having

vehicle traffic of 1 50 vehicle trips or more per day within one calendar year beginning in calendar year of 2008. If the control measure described inSection 302.7(b)(2) of this rule is implemented, the unpaved roadways (including alleys) must be maintained so as to comply wi th Appendix C of

these rules.

302.8 Livestock Activities: The owner and/or operator of a non

- traditional source of fugitive dust that involves livestock activities shall be subject to the visible emissions require

ments described in Section 302.8(a) of th is rule and, unless otherwise specified and/or required, shall comply with the control measures described in Section 302.8(b) of this rule and the additional requirements described in Section 302.8(c) of this rule.

a. Visible Emissions Requirements:

(1) For unpaved access connections and unpaved feed lane access areas, the owner and/or operator shall not cause or allow visible fugitive dust emissions to exceed 20% opacity.

(2) For corrals, pens, and arenas, the owner and/or operator shall not cause or al low visible fugitive dust emissions to exceed 20% opacity for a period aggregating more than three minutes in any 60

- minute period.

(3) The owner and/or operator shall not cause, suffer, or allow visible emissions of particulate matter, including fugitive dust, beyond the property line within which the emissions are generated.

b. Control Measures:

(1) For unpaved access connections:

(a) Apply and maintain dust suppressants other than water; or

(b) Apply and maintain pavement, gravel (maintained to a de pth of four inches), or asphaltic roadbase

.

(2) For unpaved feed lane access areas:

(a) Apply and maintain dust suppressants other than water; or

(b) Apply and maintain pavement, gravel (maintained to a depth of four inches), or asphaltic roadbase.

(3) For bulk material hauling, including animal waste, off

- site and crossing and/or accessing a paved area accessible to the public:

(a) Load all vehicles used to haul bulk material, including animal waste, such

that the freeboard is not less than three inch es;

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

(c) Cover cargo compartment with a tarp or other suitable closure; and

(d) Install, main tain, and use a suitable trackout control device that controls and prevents trackout and/or removes particulate matter from tires and the

exterior surfaces of motor vehicles that traverse the site.

(4) For corrals, pens, and arenas:(a) Apply water;

(b) Install shrubs and/or trees within 50 feet to 100 fe et of corrals, pens, and

arenas;

(c) Scrape and/or remove manure;

(d) Apply a fibrous layer (i.e., wood chips) in working areas; or

(e) Apply and maintain an alternative control measure approved in wr iting by

the Control Officer and the Administrator.

c. Additional Requirements:

(1) The owner and/or operator of livestock activities shall implement one of the control measures described in Section 302.8(b)(1), Section 302.8(b)(2), Section 302.8(b)(3), and Section 302.8(b)(4) of this rule, as applicable.

(2) Control measure(s) shall be considered effectively implemented when the livestock activities achieve the compliance determinations described in Section 302.8(a) of this rule.

(3) If trackout occurs , the owner and/or operator shall repair and/or replace the control measure(s) and shall clean

- up immediately such trackout from paved areas accessible to the public including curbs, gutters, and sidewalks when

trackout extends a cumulative distance of 25 linear feet or more and at the end of the day for all other trackout.

302.9 Erosion

- Caused Deposition of Bulk Materials Onto Paved Surfaces: The owner and/or operator of a non

- traditional source of fugitive dust that involves erosion

- caused deposition of bulk materials onto paved surfaces shall comply with the control measures described in Section 302.9(a) of this rule and the additional requirements described in Section 302.9(b) of this rule.

a. Control Measures:

(1) Remove any and all such deposits by utilizing the appropriate control measures within 24 hours of the deposits’ identification or prior to the resumption of traffic on pavement, where the pavement area has been closed to traffic; and

(2) Dispose of deposits in such a manner so as not to cau se another source of fugitive dust.

b. Additional Requirements:

(1) In the event that erosion

- caused deposition of bulk materials or other materials occurs on any adjacent paved roadway, paved parking lot, curb, gutter, or sidewalk, the owner and/or oper ator of the property from which the deposition eroded shall implement both of the control measures described in Section 302.9(a) of this rule.

(2) Failure to comply with both of the control measures described in Section 302.9(a) of this rule shall constitute a violation of this rule.302.10 Easements, Rights

- of

- Way, and Access Roads for Utilities (Transmission of Electricity, Natural Gas, Oil, Water, and Gas ): The owner and/or operator of a non

traditional source of fugitive dust that involves easements, rights

- of

- way, and access roads for utilities (transmission of electricity, natural gas, oil, wat er, and gas) that are used by 15 0 vehicle trips or more per day in the PM 10 nonattainment area shall be subject to the stabilization requirements described in Section 302.10(a) of this rule and unless otherwise specified and/or required, comply with one of the control measures described in Section 302.10(b) of this rule and the additional requirements described in Section 302.10(c) of this rule.

a. Stabilizatio n Requirements: The owner and/or operator of a non

- traditional source of fugitive dust that involves easements, rights

- of

- way, and access roads for utilities (transmission of electricity, natural gas, oil, water, and gas) shall not cause or allow

visible f ugitive dust emissions to exceed 20% opacity and either Section 302.10(a)(1) or Section 302.10(a)(2) of this rule:

(1) Shall not allow silt loading equal to or greater than 0.33 oz/ft2; or

(2) Shall not allow the silt content to exceed 6%.

b. Control Me asures:

(1) Pave;

(2) Apply dust suppressants other than water;

(3) Uniformly apply and maintain surface gravel; or

(4) Install locked gates at each entry point.

c. Additional Requirements:

(1) If an owner and/or operator allows 1 5 0 vehicle trips or more per day to use an easement, right

- of

- way, and access road for utilities (transmission of electricity, natural ga s, oil, water, and gas) in the PM 10 nonattainment area , then such owner and/or operator shall first implement one of the control measures described in Section 302.10(b) of this rule.

(2) A person, who allows 1 5 0 vehicle trips or more per day to use an easement, right

- of

- way, and access road for utilities (transmission of electricity, natural

gas , oil, water, and gas) in the PM 10 nonattainmen t area , shall be responsible for conducting vehicle counts/traffic counts to determine if 15 0 vehicle trips or more per day occur on an easement, right

- of

- way, and access road for utilities (transmission of electricity, natural gas, oil, water, and gas). S uch person shall provide to the Control Officer written results of such vehicle counts/traffic counts within 60 days of verbal or written request by the Control Officer.

(3) Control measure(s) shall be considered effectively implemented when the

easement, right

- of

- way, and access road for utilities (transmission of electricity, natural gas, oil, water, and gas) achieves the compliance determinations

described in Section 302.10(a) of this rule.

301 VEHICLE USE IN OPEN AREAS AND VACANT LOTS: If open areas a nd vacant lots are 0.10 acre or larger and have a cumulative of 500 square feet or more that are driven over and/or used by

motor vehicles and/or off

- road vehicles, then the owner and/or operator of such open areas and vacant lots shall implement one of th e control measures described in Section 301.1 of this rulewithin 60 calendar days following the initial discovery of vehicle use on open areas and vacant lots. Within 30 calendar days following the initial discovery by the Control Officer of vehicle use

o n open areas and vacant lots, the owner and/or operator of such open areas and vacant lots shall provide in writing to the Control Officer a description and date of the control measure(s) to be implemented to prevent such vehicle use on open areas and vaca nt lots. For the purpose of this rule, such control measure(s) shall be considered effectively implemented when the open areas and

vacant lots meet one of the stabilization limitations described in Section 301.2 of this rule. Once a

control measure in Sect ion 301.1 of this rule has been effectively implemented, then such open area or vacant lot is subject to the requirements of Section 302 (Open Areas And Vacant Lots) of this rule. Use of or parking on open areas and vacant lots by the owner and/or operator of such open areas and vacant lots and/or landscape maintenance of such open areas and vacant lots shall not be considered vehicle use in open areas and vacant lots, although such open areas and vacant

lots shall still meet the stabilization limitations d escribed in Section 301.2 of this rule. For the purpose of this rule, landscape maintenance does not include grading, trenching, nor any other mechanized surface disturbing activities performed to establish initial landscapes or to redesign existing landsc apes.

301.1 Control Measures:

a. Prevent motor vehicle and/or off

- road vehicle trespassing, parking, and/or access, by installing barriers, curbs, fences, gates, posts, signs (written in English and Spanish and in compliance with ordinance(s) of local ju risdictions), shrubs, trees, or other

effective control measures.

b. Uniformly apply and maintain surface gravel or chemical/organic stabilizers to all areas disturbed by motor vehicles and/or off

- road vehicles in compliance with one of

the stabilization limitations described in Section 301.2 of this rule.

c. Apply and maintain an alternative control measure approved in writing by the

Control Officer and the Administrator of the EPA.

301.2 Stabilization Limitations:

a. A visible crust shall be implement ed, as determined by Appendix C, Section 2.3 (Test Methods For Stabilization

- Visible Crust Determination) (The Drop Ball/Steel Ball Test) of these rules; or

b. A threshold friction velocity (TFV) corrected for non

- erodible elements of 100 cm/second or hig her shall be implemented, as determined by Appendix C, Section 2.4 (Test Methods For Stabilization

- Determination Of Threshold Friction Velocity (TFV)) (Sieving Field Procedure) of these rules; or

c. Flat vegetative cover (i.e., attached (rooted) vegetatio n or unattached vegetative debris lying on the surface with a predominant horizontal orientation that is not subject to movement by wind) that is equal to at least 50% shall be implemented, as determined by Appendix C, Section 2.5 (Test Methods For Stabili zation

Determination Of Flat Vegetative Cover) of these rules; or

d. Standing vegetative cover (i.e., vegetation that is attached (rooted) with a predominant vertical orientation) that is equal to or greater than 30% shall be implemented, as determined by Appendix C, Section 2.6 (Test Methods For

Stabilization

- Determination Of Standing Vegetative Cover) of these rules; or

e. Standing vegetative cover (i.e., vegetation that is attached (rooted) with a predominant vertical orientation) that is equal to or g reater than 10% and where the threshold friction velocity is equal to or greater than 43 cm/second when correctedfor non

- erodible elements shall be implemented, as determined by Appendix C, Section 2.6 (Test Methods For Stabilization

- Determination Of Stan ding Vegetative Cover) of these rules; or

f. A percent cover that is equal to or greater than 10% for non

- erodible elements shall be implemented, as determined by Appendix C, Section 2.7 (Test Methods For

Stabilization

- Rock Test Method) of these rules; or

g. An alternative test method approved in writing by the Control Officer and the Administrator of the EPA shall be implemented.

302 OPEN AREAS AND VACANT LOTS: If open areas and vacant lots have 0.5 acre or more of

disturbed surface area and remain unoc cupied, unused, vacant, or undeveloped for more than 15 days, then the owner and/or operator of such open areas and vacant lots shall implement one of the control measures described in Section 302.1 of this rule within 60 calendar days following the

initia l discovery of the disturbance on the open areas and vacant lots. Within 30 calendar days following the initial discovery by the Control Officer of the disturbance on the open areas and vacant lots, the owner and/or operator of such open areas and vacant l ots shall provide in writing to the Control Officer a description and date of the control measure(s) to be implemented. For the purpose of this rule, such control measure(s) shall be considered effectively implemented when the open areas and vacant lots me et one of the stabilization limitations described in Section 302.2 of this rule. Should an open area or vacant lot on which no activity is occurring contain more than one type of disturbance, soil, vegetation, or other characteristics that are visibly dist inguishable, then each representative surface shall be tested separately for stability, in an area that represents a random portion of the overall disturbed conditions of the site, according to the appropriate test methods in Appendix C of these rules and included or eliminated from the total size assessment of disturbed surface area(s) depending on test method results.

302.1 Control Measures:

a. Establish vegetative ground cover on all disturbed surface areas within 60 calendar days following the initial discovery of the disturbance. Such control measure(s) must be maintained and reapplied, if necessary, until the disturbed surface areas are stabilized, in compliance with one of the stabilization limitations described in

Section 302.2 of this rule. Stabil ization shall be achieved, per this control measure, within eight months after the control measure has been implemented.

b. Apply a dust suppressant to all disturbed surface areas, in compliance with one of the

stabilization limitations described in Secti on 302.2 of this rule.

c. Restore all disturbed surface areas within 60 calendar days following the initial discovery of the disturbance, such that the vegetative ground cover and soil characteristics are similar to adjacent or nearby undisturbed native c onditions. Such control measure(s) must be maintained and reapplied, if necessary, until the disturbed surface areas are stabilized, in compliance with one of the stabilization

limitations described in Section 302.2 of this rule. Stabilization shall be ach ieved, per such control measure, within eight months after such control measure has been implemented.

d. Uniformly apply and maintain surface gravel, in compliance with one of the

stabilization limitations described in Section 302.2 of this rule.

e. Appl y and maintain an alternative control measure approved in writing by the

Control Officer and the Administrator of the EPA.

302.2 Stabilization Limitations:a. A visible crust shall be implemented, as determined by Appendix C, Section 2.3 (Test Methods Fo r Stabilization

- Visible Crust Determination) (The Drop Ball/Steel Ball Test) of these rules; or

b. A threshold friction velocity (TFV), corrected for non

- erodible elements of 100 cm/second or higher, shall be implemented, as determined by Appendix C, Sect ion 2.4 (Test Methods For Stabilization

- Determination Of Threshold Friction Velocity (TFV)) (Sieving Field Procedure) of these rules; or

c. Flat vegetative cover (i.e., attached (rooted) vegetation or unattached vegetative debris lying on the surface with a predominant horizontal orientation that is not subject to movement by wind) that is equal to at least 50% shall be implemented, as determined by Appendix C, Section 2.5 (Test Methods For Stabilization

Determination Of Flat Vegetative Cover) of these rul es; or

d. Standing vegetative cover (i.e., vegetation that is attached (rooted) with a predominant vertical orientation) that is equal to or greater than 30% shall be implemented, as determined by Appendix C, Section 2.6 (Test Methods For

Stabilization

- De termination Of Standing Vegetative Cover) of these rules; or

e. Standing vegetative cover (i.e., vegetation that is attached (rooted) with a predominant vertical orientation) that is equal to or greater than 10% and where the threshold friction velocity i s equal to or greater than 43 cm/second when corrected

for non

- erodible elements shall be implemented, as determined by Appendix C, Section 2.6 (Test Methods For Stabilization

- Determination Of Standing Vegetative Cover) of these rules; or

f. A percent cov er that is equal to or greater than 10% for non

- erodible elements shall be implemented, as determined by Appendix C, Section 2.7 (Test Methods For

Stabilization

- Rock Test Method) of these rules; or

g. An alternative test method approved in writing by the Control Officer and the Administrator of the EPA shall be implemented.

303 UNPAVED PARKING LOTS: The owner and/or operator of an unpaved parking lot shall implement one of the control measures described in Section 303.1 of this rule on any surface area(s) of the lot on which vehicles enter, park, and exit. For unpaved parking lots that are utilized intermittently, for a period of 35 days or less during the calendar year, the owner and/or operator shall implement one of the control measures described in Sec tion 303.1 of this rule, during the period that the unpaved parking lots are utilized for vehicle parking. For the purpose of this rule, such control measure(s) shall be considered effectively implemented when the unpaved parking lot

meets the stabilizatio n and opacity limitations described in Section 303.2 of this rule.

303.1 Control Measures:

a. Pave.

b. Apply dust suppressants, in compliance with the stabilization and opacity limitations

described in Section 303.2 of this rule.

c. Uniformly apply an d maintain surface gravel, in compliance with the stabilization and opacity limitations described in Section 303.2 of this rule.

303.2 Stabilization And Opacity Limitations: For the purpose of this rule, control measures shall be considered effectively im plemented when stabilization and opacity observationsfor fugitive dust emissions from unpaved parking lots do not exceed 20% opacity and meet one of the following, as determined by Appendix C, Section 2.1 (Test Methods For

Stabilization

- For Unpaved Roads And Unpaved Parking Lots) of these rules:

a. Silt loading is equal to or greater than 0.33 oz/ft2; or

b. Silt content does not exceed 8%.

304 UNPAVED ROADWAYS (INCLUDING ALLEYS): If a person allows 150 vehicles or more per day to use an unpaved roadway (including alleys) in the PM 10 nonattainment area, then such person shall first implement one of the control measures described in Section 304.1 of this rule. For the purpose of this rule, such control measure(s) shall be considered effectively implemented when the unpaved roadway (including alleys) meets the stabilization and opacity limitation

described in Section 304.2 of this rule.

304.1 Control Measures:

a. Pave.

b. Apply dust suppressants, in compliance with the stabilization and opacity limitation s described in Section 304.2 of this rule.

c. Uniformly apply and maintain surface gravel, in compliance with the stabilization and opacity limitations described in Section 304.2 of this rule.

304.2 Stabilization And Opacity Limitations: For the purpose of this rule, control measures shall be considered effectively implemented when stabilization and opacity observations for fugitive dust emissions from unpaved roadways (including alleys) do not exceed 20% opacity and meet one of the following, as determin ed by Appendix C, Section 2.1 (Test

Methods For Stabilization

- For Unpaved Roads And Unpaved Parking Lots) of these

rules:

a. Silt loading is equal to or greater than 0.33 oz/ft2; or

b. Silt content does not exceed 6%.

305 FEEDLOTS AND/OR LIVESTOCK AREAS : The owner and/or operator of any feedlot and/or livestock area shall implement one of the control measures described in Section 305.1 of this rule. For the purpose of this rule, such control measure(s) shall be considered effectively implemented

when the feedlot and/or livestock area meets the opacity limitation described in Section 305.2 of

this rule.

305.1 Control Measures:

a. Apply dust suppressants, in compliance with the opacity limitation described in

Section 305.2 of this rule.

b. Uniformly appl y and maintain surface gravel, in compliance with the opacity

limitation described in Section 305.2 of this rule.

c. Install shrubs and/or trees within 50 feet to 100 feet of animal pens, in compliance with the opacity limitation described in Section 305. 2 of this rule.

305.2 Opacity Limitation: For the purpose of this rule, control measures shall be considered effectively implemented when opacity observations for fugitive dust emissions from feedlots and/or livestock areas do not exceed 20% opacity, as d etermined by Appendix C,Section 3 (Visual Determination Of Opacity Of Emissions From Sources For Time

Average Regulations) of these rules.

306 EROSION

- CAUSED DEPOSITION OF BULK MATERIALS ONTO PAVED SURFACES: In

the event that erosion

- caused deposition o f bulk materials or other materials occurs on any adjacent paved roadway or paved parking lot, the owner and/or operator of the property from which the deposition eroded shall implement both of the control measures described in Section

306.1 of this rule. For the purpose of this rule, such control measures shall be considered effectively implemented when the deposition meets the opacity limitation described in Section 306.2 of this rule. Exceedances of the opacity limitation, due to erosion

- caused depositio n of bulk materials onto paved surfaces, shall constitute a violation of the opacity limitation.

306.1 Control Measures:

a. Remove any and all such deposits by utilizing the appropriate control measures within 24 hours of the deposits’ identification or prior to the resumption of traffic on pavement, where the pavement area has been closed to traffic; and

b. Dispose of deposits in such a manner so as not to cause another source of fugitive

dust.

306.2 Opacity Limitation: For the purpose of this rule, co ntrol measures shall be considered effectively implemented when opacity observations for fugitive dust emissions from

erosion

- caused deposition of bulk materials onto paved surfaces do not exceed 20% opacity, as described in Appendix C, Section 2.1 (Test M ethods For Stabilization

- For Unpaved Roads And Unpaved Parking Lots) of these rules.

307 EASEMENTS, RIGHTS

- OF

- WAY, AND ACCESS ROADS FOR UTILITIES (ELECTRICITY, NATURAL GAS, OIL, WATER, AND GAS TRANSMISSION): If an owner and/or operator

allows 150 vehicles or more per day to use an easement, right

- of

- way, and access road for utilities (electricity, natural gas, oil, water, and gas transmission) in the PM 10 nonattainment area, then such owner and/or operator shall first implement one of the control measures described in Section 307.1 of this rule. For the purpose of this rule, such control measure(s) shall be considered effectively implemented, when the easement, right

- of

- way, and access road for utilities (electricity, natural gas, oil, water, and gas transm ission) meet the stabilization and opacity

limitation described in Section 307.2 of this rule.

307.1 Control Measures:

a. Pave.

b. Apply dust suppressants, in compliance with the stabilization and opacity limitations

described in Section 307.2 of this r ule.

c. Uniformly apply and maintain surface gravel, in compliance with the stabilization and opacity limitations described in Section 307.2 of this rule.

307.2 Stabilization And Opacity Limitations: For the purpose of this rule, control measures

shall b e considered effectively implemented when stabilization and opacity observations for fugitive dust emissions from easements, rights

- of

- way, and access roads for utilities (electricity, natural gas, oil, water, and gas transmission) do not exceed 20% opacit y and meet one of the following, as determined by Appendix C, Section 2.1 (Test Methods For

Stabilization

- For Unpaved Roads And Unpaved Parking Lots) of these rules:

a. Silt loading is not equal to or greater than 0.33 oz/ft2; orb. Silt content does not exceed 6%.

SECTION 400

– ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500

– MONITORING AND RECORDS

501 STABILIZATION OBSERVATIONS COMPLIANCE DETERMINATION : To determine compliance with this rule, the following test methods shall be followed:

501.1 Opacity Observations:

a. Opacity observations to measure visible emissions shall be conducted in accordance with the techniques specified in EPA Reference Method 203B (Visual Determination

of Opacity of Emissions from Stationary Sources for Time

- Exc eption Regulations). Emissions shall not exceed the applicable opacity standards of this rule for a period aggregating more than three minutes in any 60

- minute period.

b. Opacity observations to determine compliance with Sections 302.6, 302.7, 302.8(a)(1) , 302.8(a)(2), and 302.10 of this rule shall be conducted in accordance with the techniques specified in Appendix C (Fugitive Dust Test Methods) of these

rules.

501.1 501.2 Stabilization observations for unpaved parking lots and/or unpaved roadways (includ ing alleys) 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.

501.2 501.3 Stabilization observations for an open area and vacant lot shall be conducted i n accordance with the following:

a. Appendix C, Section 2.3

- Test Methods for Stabilization

- Visible Soil Crust

Determination

- The Drop Ball /Steel Ball Test of these rules; or

b. Appendix C, Section 2.4

- Test Methods for Stabilization

- Determination of Thre shold Friction Velocity (TFV)

- Sieving Field Procedure of these rules, where the threshold friction velocity (TFV) for disturbed surface areas corrected for non

- erodible elements is 100 cm/second or higher; or

c. Appendix C, Section 2.5

- Test Methods for St abilization

- Determination of Flat Vegetative Cover of these rules, where flat vegetation cover (i.e., attached (rooted) vegetation or unattached vegetative debris lying on the surface with a predominant horizontal orientation that is not subject to movement by wind) is equal to at least 50%; or

d. Appendix C, Section 2.6

- Test Methods for Stabilization

- Determination of Standing Vegetative Cover of these rules, where standing vegetation cover (i.e., vegetation that is attached (rooted) with a predominant vertical orientation) is equal to or greater than 30%; or

e. Appendix C, Section 2.6

- Test Methods for Stabilization

- Determination of Standing Vegetative Cover of these rules, where the standing vegetation cover (i.e., vegetation that is attached (rooted) with a predominant vertical orientation) is equal to or greater than 10% and where the threshold friction velocity, corrected for non

- erodible elements, is equal to or greater than 43 cm/second; orf. Appendix C, Section 2.7

- Test Methods for Stabilization

- Ro ck Test Method of these rules where a percent cover is equal to or greater than 10% for non

- erodible

elements.

g. An alternative test method approved in writing by the Control Officer and the

Administrator of the EPA

.

502 RECORDKEEPING: Any person subjec t to the requirements of this rule shall compile and retain records that provide evidence of control measure application (i.e., receipts and/or purchase records). Such person shall describe, in the records, the type of treatment or control measure,

extent of coverage, and date applied. Upon verbal or written request by the Control Officer, such person shall provide the records and supporting documentation within as soon as possible but no

later than 48 hours, excluding weekends. If the Control Officer is at the site where requested records are kept, such person shall provide the records without delay.

503 RECORDS RETENTION : Copies of the records required by Section 502

- Recordkeeping of this

rule shall be retained for at least one year two years

.

Adopted 0 6/16/99

Revised 02/16/00

Revised 04/07/04

Revised 03/26/08

APPENDIX C

FUGITIVE DUST TEST METHODS

______________________________________________________________________________________
INDEX

SECTION 1
- RESERVED

SECTION 2
- TEST METHODS FOR STABILIZATION

SECTION 3
- TIME AVERAGED METHODS OF VISUAL OPACITY DETERMINATION OF

EMISSIONS FROM DUST GENERATING OPERATIONS

SECTION 4
- VISUAL OPACITY DETERMINATION OF EMISSIONS FROM LIVESTOCK

ACTIVITIES

– CORRALS, PENS, AND ARENAS

______________________________________________________________________________________ MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

APPENDIX C

FUGITIVE DUST TEST METHODS

1. RESERVED

2. TEST METHODS FOR STABILIZATION

2.1 For Unpaved Roads and Unpaved Parking Lots.

2.1.1 Opacity Tes t Method. The purpose of this test method is to estimate the percent opacity of fugitive dust plumes caused by vehicle movement on unpaved roads and unpaved parking lots. This method can only be conducted by an individual who has received

certification as a qualified observer. Qualification and testing requirements can be found in Section 3.4 of this appendix.a. Step 1: Stand at least 16.5 feet from the fugitive dust source in order to provide a

clear view of the emissions with the sun oriented in the 140 **°** sector to the back. Following the above requirements, make opacity observations so that the line of vision is approximately perpendicular to the dust plume and wind direction. If multiple plumes are involved, do not include more than one plume in the lin e of sight

at one time.

b. Step 2 : Record the fugitive dust source location, source type, method of control used, if any, observer's name, certification data and affiliation, and a sketch of the observer's position relative to the fugitive dust source. Also, record the time, estimated distance to the fugitive dust source location, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds), observer's position to the fugitive dust source, and color of the plume and type of background on the visible emission observation from both when opacity readings are initiated and completed.

c. Step 3 : Make opacity observations, to the extent possible, using a contrasting background that is perpendicular to the lin e of vision. Make opacity observations approximately 1 meter above the surface from which the plume is generated. Note that the observation is to be made at only one visual point upon generation of a plume, as opposed to visually tracking the entire length of a dust plume as it is created along a surface. Make two observations per vehicle, beginning with the first reading at zero seconds and the second reading at five seconds. The zero

– second observation should begin immediately after a plume has been created above the surface involved. Do not look continuously at the plume but, instead, observe the plume briefly at zero seconds and then again at five seconds.

d. Step 4: Record the opacity observations to the nearest 5% on an observational record sheet. Each momentary observation recorded represents the average opacity of

emissions for a 5

– second period. While it is not required by the test method, EPA recommends that the observer estimate the size of vehicles which generate dust plumes for which readings a re taken (e.g. mid

– size passenger car or heavy

– duty truck) and the approximate speeds the vehicles are traveling when readings are taken.

e. Step 5: Repeat Step 3 (Subsection 2.1.1(c) of this appendix) and Step 4 (Subsection 2.1.1(d) of this appendix) unt il you have recorded a total of 12 consecutive opacity readings. This will occur once six vehicles have driven on the source in your line of observation for which you are able to take proper readings. The 12 consecutive readings must be taken within the sa me period of observation but must not exceed 1 hour. Observations immediately preceding and following interrupted observations

can be considered consecutive.

f. Step 6 : Average the 12 opacity readings together. If the average opacity reading equals 20% o r lower, the source is in compliance. with the opacity standard

described in Rule 310 of these rules.

2.1.2 Silt Content Test Method. The purpose of this test method is to estimate the silt content of the trafficked parts of unpaved roads and unpaved par king lots. The higher the silt content, the more fine dust particles that are released when cars and trucks drive on unpaved roads and unpaved parking lots.a. Equipment:

(1) A set of sieves with the following openings: 4 millimeters (mm), 2 mm, 1

mm, 0.5 mm and 0.25 mm (or a set of standard/commonly available sieves), a lid, and collector pan.

(2) A small whisk broom or paintbrush with stiff bristles and dustpan 1 ft. in width (The broom/brush should preferably have one, thin row of bristles no longer than 1.5 inches in length).

(3) A spatula without holes.

(4) A small scale with half

- ounce increments (e.g. postal/package scale).

(5) A shallow, lightweight container (e.g. plastic storage container).

(6) A sturdy cardboard box or other rigid object with a level surface.

(7) A basic calculator.

(8) Cloth gloves (optional for handling metal sieves on hot, sunny days).

(9) Sealable plastic bags (if sending samples to a laboratory).

(10) A pencil/pen and paper.

b. Step 1: Look for a routinely trav eled surface, as evidenced by tire tracks. [Only collect samples from surfaces that are not damp due to precipitation or dew. This statement is not meant to be a standard in itself for dampness where watering is being used as a control measure. It is only intended to ensure that surface testing is done in a representative manner.] Use caution when taking samples to ensure personal safety with respect to passing vehicles. Gently press the edge of a dustpan (1 foot in width) into the surface four times to mar k an area that is 1 square foot. Collect a sample of loose surface material using a whiskbroom or brush and slowly sweep the material into the dustpan, minimizing escape of dust particles. Use a spatula to lift heavier elements such as gravel. Only collect dirt/gravel to an approximate depth of 3/8 inch or 1 cm in the 1 square foot area. If you reach a hard, underlying subsurface that is < 3/8 inch in depth, do not continue collecting the sample by digging into the hard surface. In other words, you are only collecting a surface sample of loose material down to 1 cm. In order to confirm that samples are collected to 1 cm in depth, a wooden dowel or other similar narrow object at least one foot in length can be laid horizontally across the survey area while a metric ruler is held perpendicular to the dowel.

**•** At this point, you can choose to place the sample collected into a plastic bag or container and take it to an independent laboratory for silt content analysis. A reference to the procedure the laboratory is required to follow is at the end of

this section.

c. Step 2 : Place a scale on a level surface. Place a lightweight container on the scale. Zero the scale with the weight of the empty container on it. Transfer the entire sample collected in the dustpa n to the container, minimizing escape of dust particles. Weigh the sample and record its weight.d. Step 3: Stack a set of sieves in order according to the size openings specified above, beginning with the largest size opening (4 mm) at the top. Place a collector pan underneath the bottom (0.25 mm) sieve.

e. Step 4: Carefully pour the sample into the sieve stack, minimizing escape of dust particles by slowly brushing material into the stack with a whiskbroom or brush. (On windy days, use the trunk or do or of a car as a wind barricade.) Cover the stack with a lid. Lift up the sieve stack and shake it vigorously up, down and sideways for at

least 1 minute.

f. Step 5 : Remove the lid from the stack and disassemble each sieve separately, beginning with the top sieve. As you remove each sieve, examine it to make sure that all of the material has been sifted to the finest sieve through which it can pass (e.g., material in each sieve (besides the top sieve that captures a range of larger elements)

should look t he same size). If this is not the case, re

– stack the sieves and collector pan, cover the stack with the lid, and shake it again for at least 1 minute. (You only need to reassemble the sieve(s) that contain material, which requires further sifting.)

g. St ep 6 : After disassembling the sieves and collector pan, slowly sweep the material from the collector pan into the empty container originally used to collect and weigh the entire sample. Take care to minimize escape of dust particles. You do not need to

do anything with material captured in the sieves

– only the collector pan. Weigh the container with the material from the collector pan and record its weight.

h. Step 7 : If the source is an unpaved road, multiply the resulting weight by 0.38. If the

source is an unpaved parking lot, multiply the resulting weight by 0.55. The resulting number is the estimated silt loading. Then, divide by the total weight of the sample you recorded earlier in Step 2 (Subsection 2.1.2(c) of this appendix) and multiply by

100 t o estimate the percent silt content.

i. Step 8 : Select another two routinely traveled portions of the unpaved road or unpaved parking lot and repeat this test method. Once you have calculated the silt loading and percent silt content of the 3 samples col lected, average your results together.

j. Step 9: Examine Results. If the average silt loading is less than 0.33 oz/ft2, the surface is STABLE. If the average silt loading is greater than or equal to 0.33 oz/ft2, then proceed to examine the average perce nt silt content. If the source is an unpaved road and the average percent silt content is 6% or less, the surface is STABLE. If the source is an unpaved parking lot and the average percent silt content is 8% or less, the surface is STABLE. If your field te st results are within 2% of the standard (for example, 4%

- 8% silt content on an unpaved road), it is recommended that you collect 3 additional samples from the source according to Step 1 (Subsection 2.1.2(b) of this appendix) and take them to an independen t laboratory for silt content analysis.

k. Independent Laboratory Analysis: You may choose to collect 3 samples from the source, according to Step 1 (Subsection 2.1.2(b) of this appendix), and send them to an independent laboratory for silt content analy sis rather than conduct the sieve field procedure. If so, the test method the laboratory is required to use is: "Procedures for Laboratory Analysis of Surface/Bulk Dust Loading Samples", (Fifth Edition, Volume I, Appendix C.2.3 "Silt Analysis", 1995), AP -4 2, Office of Air Quality Planning & Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina.

2.2 Stabilization Limitations for Open Areas and Vacant Lots. The test methods described in Section 2.3 through Section 2.7 of thi s appendix shall be used to determine whether an open areaor a vacant lot has a stabilized surface. Should a disturbed open area or vacant lot contain more than one type of disturbance, soil, vegetation, or other characteristics, which are visibly disting uishable, test each representative surface separately for stability, in an area that represents a random portion of the overall disturbed conditions of the site, according to the appropriate test methods in Section 2.3 through Section 2.7 of this appendix. , and include or eliminate it from the total size assessment of disturbed surface area(s) depending upon test method results.

2.3 Visible Soil Crust Determination (The Drop Ball Test).

2.3 .1 Silt Content Test Method. The purpose of this test method is t o estimate the silt content of the trafficked parts of unpaved roads and unpaved parking lots. The higher the silt content, the more fine dust particles that are released when cars and trucks drive on unpaved roads and unpaved parking lots.

2.3.2 Where a visible crust exists, drop Drop a steel ball with a diameter of 15.9 millimeters (0.625 inches) and a mass ranging from 16

- 17 grams ( 0.56

- 0.60 ounce ) from a distance

of 30 centimeters (one foot) one

- foot directly above (at a 90 **°** angle perpendicular to) th e soil surface. If blowsand is present, clear the blowsand from the surfaces on which the

visible crust test method Drop Ball Test is conducted. Blowsand is defined as thin deposits of loose uncombined grains covering less than 50% of a vacant lot or proje ct site

which that have not originated from the representative vacant lot surface being tested. If material covers a visible crust, which is not blowsand, apply the test method in Section

2.4

- Determination of Threshold Friction Velocity (TFV ) of this appendix to the loose

material to determine whether the surface is stabilized.

2.3. 3 A sufficient crust is defined under the following conditions: once a ball has been dropped according to subsection 2.3.1 of this appendix, the ball does not sink into the surf ace, so that it is partially or fully surrounded by loose grains and, upon removing the ball, the surface upon which it fell has not been pulverized, so that loose grains are visible.

2.3.4 Randomly select each representative disturbed surface for the Dro p Ball Test by using a blind “over the shoulder” toss of a throwable object (e.g., a metal weight with survey tape attached). Using the point of fall as the lower left

- hand corner, measure a one

- foot square

area. Drop the ball three times within a survey a rea that measures 1 foot by 1 foot and that represents a random portion of the overall disturbed conditions of the site the one

foot by one

- foot square survey area, using a consistent pattern across the survey area. The survey area shall be considered to have passed the Visible Crust Deter mination Test Drop

Ball Test if at least two out of the three times that the ball was dropped, the results met the criteria in subsection 2.3.2 of this appendix. Select at least two other survey areas that

represent a ran dom portion of the overall disturbed conditions of the site, and repeat this

pro cedure. If the results meet the criteria of subsection 2.3.2 of this appendix for all of the survey areas tested, then the site shall be considered to have passed the Visible Crust

Determination Test Drop Ball Test and shall be considered sufficiently crusted.

2.3. 5 At any given site, the existence of a sufficient crust covering one portion of the site may not represent the existence or protectiveness of a crust on another por tion of the site. Repeat the visible crust test Drop Ball Test as often as necessary on each random portion

of the overall conditions of the site using the random selection method set forth in subsection 2.3.3 of this appendix for an accurate assessment.

2.4 Determination of Threshold Friction Velocity (TFV )

. For disturbed surface areas that are not crusted or vegetated, determine threshold friction velocity (TFV) according to the following sieving field procedure (based on a 1952 laboratory procedure publ ished by W. S. Chepil).

2.4.1 Obtain and stack a set of sieves with the following openings: 4 millimeters (mm), 2 mm, 1 mm, 0.5 mm, and 0.25 mm or obtain and stack a set of standard/commonly availablesieves. Place the sieves in order according to size op enings, beginning with the largest size opening at the top. Place a collector pan underneath the bottom (0.25 mm) sieve. Collect a sample of loose surface material from an area at least 30 cm by 30 cm in size to a depth of approximately 1 cm using a brush and dustpan or other similar device. Only collect soil samples from dry surfaces (i.e. when the surface is not damp to the touch). Remove any rocks larger than 1 cm in diameter from the sample. Pour the sample into the top sieve (4 mm opening) and cover th e sieve/collector pan unit with a lid. Minimize escape of particles into the air when transferring surface soil into the sieve/collector pan unit. Move the covered sieve/collector pan unit by hand using a broad, circular arm motion in the horizontal plane. Complete twenty circular arm movements, ten clockwise and ten counterclockwise, at a speed just necessary to achieve some relative horizontal motion between the sieves and the particles. Remove the lid from the sieve/collector pan unit and disassemble each sieve separately beginning with the largest sieve. As each sieve is removed, examine it for loose particles. If loose particles have not been sifted to the finest sieve through which they can pass, reassemble and cover the sieve/collector pan unit and ge ntly rotate it an additional ten times. After disassembling the sieve/collector pan unit, slightly tilt and gently tap each sieve and the collector pan so that material aligns along one side. In doing so, minimize escape of particles into the air. Line up the sieves and collector pan in a row and visibly inspect the relative quantities of catch in order to determine which sieve (or whether the collector pan) contains the greatest

volume of material. If a visual determination of relative volumes of catch am ong sieves is difficult, use a graduated cylinder to measure the volume. Estimate TFV for the sieve catch with the greatest volume using Table 1 of this appendix, which provides a correlation between sieve opening size and TFV.

Table 1. Determination of T hreshold Friction Velocity Tyler Sieve No. ASTM 11 Sieve No. Opening (mm) TFV(cm/s)

5 5 4 135

9 10 2 100

16 18 1 76

32 35 0.5 58

60 60 0.25 43

Collector Pan

** **  30

2.4.2 Collect at least three soil samples which represent random portions of the ov erall conditions of the site, repeat the above TFV test method for each sample and average the resulting TFVs together to determine the TFV uncorrected for non

- erodible elements.

Non

- erodible elements are distinct elements, in the random portion of the ove rall conditions of the site, that are larger than 1 cm in diameter, remain firmly in place during a wind episode, and inhibit soil loss by consuming part of the shear stress of the wind.

Non

- erodible elements include stones and bulk surface material but do not include flat or standing vegetation. For surfaces with non

- erodible elements, determine corrections to the TFV by identifying the fraction of the survey area, as viewed from directly overhead, that is occupied by non

- erodible elements using the follow ing procedure. For a more detailed description of this procedure, see Section 2.7 (Test Methods for Stabilization

Rock Test Method) of this appendix. Select a survey area of 1 meter by 1 meter that represents a random portion of the overall conditions of t he site. Where many non

erodible elements lie within the survey area, separate the non

- erodible elements into groups according to size. For each group, calculate the overhead area for the non

- erodible elements according to the following equations:

(Averag e Length) x (Average Width) = Average Dimensions. Eq. 1

(Average Dimensions) x (Number of Elements) = Overhead Area. Eq. 2Overhead Area of Group 1 + Overhead Area of Group 2 (etc.) = Total Overhead

Area. Eq. 3

Total Overhead Area/2 = Total Frontal Area

. Eq. 4

(Total Frontal Area/Survey Area) x 100 = Percent Cover of Non

- Erodible

Elements. Eq. 5

Note: Ensure consistent units of measurement (e.g., square meters or square inches when calculating percent cover).

Repeat this procedure on an additional two distinct survey areas that represent a random portion of the overall conditions of the site and average the results. Use Table 2 of this appendix to identify the correction factor for the percent cover of non

- erodible elements. Multiply the TFV by the cor responding correction factor to calculate the TFV corrected

for non

- erodible elements.

Table 2. Correction Factors for Threshold Friction Velocity

Percent Cover of Non

- Erodible Elements Factor Correction Factor Greater than or equal to 10% 5

Greater th an or equal to 5% and less than 10% 3 Less than 5% and greater than or equal to 1% 2

Less than 1% None

2.5 Determination of Flat Vegetative Cover : Flat vegetation includes attached (rooted) vegetation or unattached vegetative debris lying on the surfac e with a predominant horizontal orientation that is not subject to movement by wind. Flat vegetation, which is dead but firmly attached, shall be considered equally protective as live vegetation. Stones or other aggregate larger than 1 centimeter

in diamet er shall be considered protective cover in the course of conducting the line transect test method. Where flat vegetation exists, conduct the following line transect test method.

2.5.1 Line Transect Test Method. Stretch a 100 foot measuring tape across a survey area that represents a random portion of the overall conditions of the site. Firmly anchor both ends of the measuring tape into the surface using a tool such as a screwdriver, with the tape stretched taut and close to the soil surface. If vegetation exists in regular rows, place the tape diagonally (at approximately a 45 **°** angle) away from a parallel or perpendicular position to the vegetated rows. Pinpoint an area the size of a 3/32 inch diameter brazing

rod or wooden dowel centered above each 1 foot interval mark along one edge of the tape. Count the number of times that flat vegetation lies directly underneath the pinpointed area at 1 foot intervals. Consistently observe the underlying surface from a

90 **°** angle directly above each pinpoint on one side of the tape. Do not count the underlying surface as vegetated if any portion of the pinpoint extends beyond the edge of the vegetation underneath in any direction. If clumps of vegetation or vegetative debris lie underneath the pinpointed area, count the surface as vegetated, unless bare soil is visible directly below the pinpointed area. When 100 observations have been made, add together the number of times a surface was counted as vegetated. This total represents the percent of flat vegetation cover (e.g., if 35 positive counts were made, then vegetation cover is 35%). If the survey area that represents a random portion of the overall conditions of the site is too small for 100 observations, make as many observations as possible. Then multiply the count o f vegetated surface areas by the appropriate conversion factor to obtain percent cover. For example, if vegetation was counted 20 times within a total of 50 observations, divide 20 by 50 and multiply by 100 to obtain a flat vegetation cover of 40%.2.5.2 Conduct the line transect test method, as described in subsection 2.5.1 of this appendix, an additional two times on areas that represent a random portion of the overall conditions of the site and average results.

2.6 Determination of Standing Vegetative Cover. Standing vegetation includes vegetation that is attached (rooted) with a predominant vertical orientation. Standing vegetation, which is dead but firmly rooted, shall be considered equally protective as live vegetation. Conduct the following

standin g vegetation test method to determine if 30% cover or more exists. If the resulting percent cover is less than 30% but equal to or greater than 10%, then conduct the test in Section 2.4 (Determination of Threshold Friction Velocity (TFV)) of this appendix in order to determine if the site is stabilized, such that the standing vegetation cover is equal to or greater than 10%, where threshold friction velocity, corrected for non

- erodible elements, is equal to or greater than 43

cm/second.

2.6.1 For standing vegetation that consists of large, separate vegetative structures (e.g., shrubs and sagebrush), select a survey area that represents a random portion of the overall conditions of the site that is the shape of a square with sides equal to at least 10 times the average height of the vegetative structures. For smaller standing vegetation, select a survey area of three feet by three feet.

2.6.2 Count the number of standing vegetative structures within the survey area. Count vegetation, which grows in clumps as a single unit. Where different types of vegetation exist and/or vegetation of different height and width exists, separate the vegetative structures with similar dimensions into groups. Count the number of vegetative structures in each group within the survey area. Select an individual structure within each group that represents the average height and width of the vegetation in the group. If the structure is dense (e.g., when looking at it vertically from base to top there is little or zero open air

space w ithin its perimeter), calculate and record its frontal silhouette area, according to Equation 6 of this appendix. Also, use Equation 6 of this appendix to estimate the average height and width of the vegetation if the survey area is larger than nine square feet. Otherwise, use the procedure in subsection 2.6.3 of this appendix to calculate the frontal silhouette area. Then calculate the percent cover of standing vegetation according to Equations 7, 8, and 9 of this appendix.

(Average Height) x (Average Wid th) = Frontal Silhouette Area. Eq. 6

(Frontal Silhouette Area of Individual Vegetative Structure) x (Number of Vegetation Structures Per Group) = Frontal Silhouette Area of Group. Eq. 7

Frontal Silhouette Area of Group 1 + Frontal Silhouette Area of Grou p 2 (etc.) =

Total Frontal Silhouette Area. Eq. 8

(Total Frontal Silhouette Area/Survey Area) x 100 = Percent Cover of Standing Vegetation. Eq. 9

[(Number of Circled Gridlines Within The Outlined Area Counted That Are Not Covered By Vegetation / Total Numb er of Gridline Intersections Within The Outlined Area) x 100] = Percent Open Space. Eq. 10

100

– Percent Open Space = Percent Vegetative Density. Eq. 11

Percent Vegetative Density/100 = Vegetative Density. Eq. 12

[Max. Height x Max. Width] x [Vegetative Densi ty/0.4]0.5 = Frontal Silhouette

Area. Eq.13Note: Ensure consistent units of measurement (e.g., square meters or square inches when calculating percent cover).

2.6.3 Vegetative Density Factor . Cut a single, representative piece of vegetation (or

co nsolidated vegetative structure) to within 1 cm of surface soil. Using a white paper grid or transparent grid over white paper, lay the vegetation flat on top of the grid (but do not apply pressure to flatten the structure). Grid boxes of 1 inch or 1/2 inc h squares are sufficient for most vegetation when conducting this procedure. Using a marker or pencil, outline the shape of the vegetation along its outer perimeter, according to Figure B, C, or D of this appendix, as appropriate. (Note: Figure C differs f rom Figure D primarily in that the width of vegetation in Figure C is narrow at its base and gradually broadens to its tallest height. In Figure D, the width of the vegetation generally becomes narrower from its midpoint to its tallest height.) Remove the vegetation, count and record the total number of gridline intersections within the outlined area, but do not count gridline intersections that connect with the outlined shape. There must be at least 10 gridline intersections within the outlined area and preferably more than 20, otherwise, use smaller grid boxes. Draw small circles (no greater than a 3/32 inch diameter) at each gridline intersection counted within the outlined area. Replace the vegetation on the grid within its outlined shape. From a distanc e of approximately 2 feet directly above the grid, observe each circled gridline intersection. Count and record the number of circled gridline intersections that are not covered by any piece of the vegetation. To calculate percent vegetative density, use E quations 10 and 11 of this appendix. If percent vegetative density is equal to or greater than 30, use an equation (one of the equations

- Equations 16, 17, or 18 of this appendix) that matches the outline used to trace the vegetation (Figure B, C, or D) to calculate its frontal silhouette area. If percent vegetative density is less than 30, use Equations 12 and 13 of this appendix to calculate the frontal silhouette area.Figure B

. Cylinder

Frontal Silhouette Area = Maximum Height x Maximum Width Eq. 16Figure C

. Inverted Cone

Frontal Silhouette Area = Maximum Height x 1/2 Maximum Width Eq. 17Figure D

. Upper Sphere

Frontal Silhouette Area = (3.14 x Maximum Heig ht x 1/2 Max imum Width)/2 Eq. 182.7 Rock Test Method. The Rock Test Method, which is similar to Section 2.4 (Test Methods for

Stabilization

- Determination of Threshold Friction Velocity (TFV)) of this appendix, examines the

wind

- resistance effects of rocks and other non

- erodible elements on disturbed surfaces. Non

erodible elements are objects larger than 1 centimeter (cm) in diameter that remain firmly in place even on windy days. Typically, non

- erodible elements include rocks, stones, glass fragments, and hardpacke d clumps of soil lying on or embedded in the surface. Vegetation does not count as a

non

- erodible element in this method. The purpose of this test method is to estimate the percent

cover of non

- erodible elements on a given surface to see whether such eleme nts take up enough space to offer protection against windblown dust. For simplification, the following test method

refers to all non

- erodible elements as “rocks”.

2.7.1 Select a 1 meter by 1 meter survey area that represents the general rock distribution on the surface. (A 1 meter by 1 meter area is slightly greater than a 3 foot by 3 foot area.)

Mark

- off the survey area by tracing a straight, visible line in the dirt along the edge of a measuring tape or by placing short ropes, yard sticks, or other strai ght objects in a square around the survey area.

2.7.2 Without moving any of the rocks or other elements, examine the survey area. Since rocks

**>** 3/8 inch (1 cm) in diameter are of interest, measure the diameter of some of the smaller rocks to a get a sense for which rocks need to be considered.

2.7.3 Mentally group the rocks **>** 3/8 inch (1 cm) diameter lying in the survey area into small, medium, and large size categories. Or, if the rocks are all approximately the same size, simply select a rock of average size and typical shape. Without removing any of the rocks from the ground, count the number of rocks in the survey area in each group and write down the resulting number.

2.7.4 Without removing rocks, select one or two average

- size rocks in each group and measure the length and width. Use either metric units or standard units. Using a calculator, multiply the length times the width of the rocks to get the average dimensions of the rocks in each group. Write down the results for each rock group.

2.7.5 For e ach rock group, multiply the average dimensions (length times width) by the number of rocks counted in the group. Add the results from each rock group to get the total rock area within the survey area.

2.7.6 Divide the total rock area, calculated in subse ction 2.7.5 of this appendix, by two (to get frontal area). Divide the resulting number by the size of the survey area (make sure the units of measurement match), and multiply by 100 for percent rock cover. For example, the total rock area is 1,400 square centi meters, divide 1,400 by 2 to get 700. Divide 700 by 10,000 (the survey area is 1 meter by 1 meter, which is 100 centimeters by 100 centimeters or 10,000 centimeters) and multiply by 100. The result is 7% rock cover. If rock measurements are made in inches, convert the survey area from meters to inches (1 inch = 2.54 centimeters).

2.7.7 Select and mark

- off two additional survey areas and repeat the procedures described in subsection 2.7.1 through subsection 2.7.6 of this appendix. Make sure the additi onal survey areas also represent the general rock distribution on the site. Average the percent cover results from all three survey areas to estimate the average percent of rock cover.

2.7.8 If the average rock cover is greater than or equal to 10%, the surface is stable. If the average rock cover is less than 10%, follow the procedures in subsection 2.7.9 of this appendix.2.7.9 If the average rock cover is less than 10%, the surface may or may not be stable. Follow the procedures in Section 2.4 (Determi nation of Threshold Friction Velocity (TFV)) of this rule and use the results from the rock test method as a correction (i.e., multiplication) factor. If the rock cover is at least 1%, such rock cover helps to limit windblown dust. However, depending on th e soil’s ability to release fine dust particles into the air, the percent rock cover may or may not be sufficient enough to stabilize the surface. It is also possible that the soil itself has a high enough TFV to be stable without even accounting

for rock cover.

2.7.10 After completing the procedures described in subsection 2.7.9 of this appendix, use Table 2 of this appendix to identify the appropriate correction factor to the TFV, depending on the percent rock cover. Multiply the correction factor by the TFV value for a final TFV

estimate that is corrected for non

- erodible elements.

3. TIME AVERAGED METHODS OF VISUAL OPACITY DETER MINATION OF EMISSION S

FROM DUST GENERATING OPERATIONS

3.1 Applicability. This method is applicable for the determination of o pacity of fugitive dust plumes from dust generating operations. A time

- averaged regulation is any regulation that requires averaging visible emission data to determine the opacity of visible emissions over a specific time period.

3.2 Principle

. The opacit y of emissions from sources of visible emissions is determined visually by an observer qualified according to the procedures of Section 3.4 of this appendix.

3.3 Procedures

. An observer qualified, in accordance with Section 3.4 of this appendix, shall use the following procedures for visually determining the opacity of emissions.

3.3.1 Procedures For Emissions From Stationary Sources. These procedures are not applicable

to this section.

3.3.2 3.3.1 To determine the opacity of non

- continuous dust plumes ca used by activities including, but not limited to, bulk material loading/unloading, non

- conveyorized screening, or trenching with backhoes:

a. Position. Stand at least 25 feet from the dust generating operation in order to provide

a clear view of the emiss i ons with the sun oriented in the 140o sector to the back. Choose a discrete portion of the operation for observation, such as the unloading point, not the whole operation. Following the above requirements, make opacity observations so that the line of vision is approximately perpendicular to the dust plume and wind direction. If multiple plumes are involved, do not include more than one plume in the line of sight at one time.

b. Initial Fallout Zone. The initial fallout zone within the plume must be ident ified. Record the distance from the equipment or path that is your identified initial fallout

zone. The initial fallout zone is that area where the heaviest particles drop out of the entrained fugitive dust plume. Opacity readings should be taken at the ma ximum point of the entrained fugitive dust plume that is l o cated outside the initial fallout

zone.

c. Field Records. Note the following on an observational record sheet: (1) Location of dust generating operation, type of operation, type of equipment in

us e and activity, and method of control used, if any; (2) Observer's name, certification data and affiliation, a sketch of the observer's position relative to the dust generating operation, and observer’s estimated

distance and direction to the location of t he dust generating operation;(3) Time that readings begin, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds); and (4) Color of the plume and type of background.

d. Observations . Make opacity observations, to the extent possible, using a contrasting background that is perpendicular to the line of vision. Make two observations per discrete activity, beginning with the first reading at zero seconds and the second reading at five seconds. The zer o- second observation should begin immediately after a plume has been created above the surface involved. Do not look continuously at the plume but, instead, observe the plume briefly at zero seconds and then again at five

seconds.

e. Recording Observation s. Record the opacity observations to the nearest 5% on an observational record sheet. Each momentary observation recorded represents the average opacity of emissions for a 5

- second period. Repeat observations until you

have recorded at least a total of 12 consecutive opacity readings. The 12 consecutive readings must be taken within the same period of observation but must not exceed one hour. Observations immediately preceding and following interrupted observations can be considered consecutive (e.g., vehi cle traveled in front of path, plume doubled

- over).

f. Data Reduction. Average 12 consecutive opacity readings together. If the average opacity reading equals 20% or lower, the dust generating operation is in compliance. with the opacity standard describe d in Rule 310 of these rules.

3.3.3 3.3.2 To determine the opacity of continuous dust plumes caused by equipment and activities including but not limited to graders, trenchers, paddlewheels, blades, clearing, leveling, and raking:

a. Position. Stand at le ast 25 feet from the dust generating operation to provide a clear view of the emissions with the sun oriented in the 140o sector to your back. Following the above requirements, make opacity observations so that the line of vision is approximately perpendic ular to the dust plume and wind direction.

b. Dust Plume. Evaluate the dust plume generation and determine if the observations will be made from a single plume or from multiple related plumes. (1) If a single piece of equipment is observed working, then a ll measurements should be taken off the resultant plume as long as the equipment remains

within the 140o sector to the back. (2) If there are multiple related sources or multiple related points of emissions of dust from a particular activity, or multiple p ieces of equipment operating in a confined area, opacity readings should be taken at the densest point within the discrete length of equipment travel path within the 140o sector to the back. Readings can be taken for more than one piece of equipment within the discrete length of travel path within the 140o sector to the back.

c. Initial Fallout Zone. The initial fallout zone within the plume must be identified. Record the distance from the equipment or path that is your identified initial fallout

zone. The initial fallout zone is that area where the heaviest particles drop out of the entrained fugitive dust plume. Opacity readings should be taken at the maximum point of the entrained fugitive dust plume that is l o cated outside the initial fallout

zone.

d. Field Records. Note the following on an observational record sheet: (1) Location of the dust generating operation, type of operation, type of equipment in use and activity, and method of control used, if any;(2) Observer's name, certification data and aff iliation, a sketch of the observer's position relative to the dust generating operation, and observer’s estimated distance and direction to the location of the dust generating operation; and (3) Time that readings begin, approximate wind direction, estimat ed wind speed, description of the sky condition (presence and color of clouds).

e. Observations. Make opacity observations, to the extent possible, using a contrasting background that is perpendicular to the line of vision. Make opacity observations at a point beyond the fallout zone. The observations should be made at the densest point. Observations will be made every 10 seconds until at least 12 readings have been recorded. Do not look continuously at the plume, but observe the plume m o mentarily

at 10

- se cond i n tervals. If the equipment generating the plume travels ou t side the field of observation or if the equipment ceases to operate, mark an “x” for the 10

- second reading interval. Mark an “x” when plumes are stacked or doubled, either behind or in front, or become parallel to line of sight. Opacity readings identified as “x” shall be considered interrupted readings.

f. Recording Observations. Record the opacity observations to the nearest 5% on an observational record sheet. Each momentary observation re corded represents the average opacity of emissions for a 10

- second period.

g. Data Reduction. Average 12 consecutive opacity readings together. If the average opacity reading equals 20% or lower, the dust generating operation is in compliance.

with the o pacity standard described in Rule 310 of these rules.

3.4 Qualification and Testing.

3.4.1 Certification Requirements. To receive certification as a qualified observer, a candidate must be tested and demonstrate the ability to assign opacity readings in 5% increments to 25 different black plumes and 25 different white plumes, with an error not to exceed 15% opacity on any one reading and an average error not to exceed 7.5% opacity in each category. Candidates shall be tested according to the procedures de scribed in subsection 3.4.2 of this appendix. Any smoke generator used pursuant to subsection 3.4.2 of this appendix shall be equipped with a smoke meter, which meets the requirements of subsection 3.4.3 of this appendix. Certification tests that do not me et the requirements of subsections 3.4.2 and 3.4.3 of this appendix are not valid. The certification shall be valid for a period of 6 months, and after each 6

- month period the qualification procedures must be repeated by an observer in order to retain cert ification.

3.4.2 Certification Procedure. The certification test consists of showing the candidate a complete run of 50 plumes, 25 black plumes and 25 white plumes, generated by a smoke generator. Plumes shall be presented in random order within each set of 25 black and 25 white plumes. The candidate assigns an opacity value to each plume and records the observation on a suitable form. At the completion of each run of 50 readings, the score of

the candidate is determined. If a candidate fails to qualify, t he complete run of 50 readings must be repeated in any retest. The smoke test may be administered as part of a smoke school or training program, and may be preceded by training or familiarization runs of the smoke generator, during which candidates are sho wn black and white plumes of known opacity.

3.4.3 Smoke Generator Specifications . Any smoke generator used for the purpose of subsection 3.4.2 of this appendix shall be equipped with a smoke meter installed to measure opacity across the diameter of the smoke generator stack. The smoke meter output shall display in

- stack opacity, based upon a path length equal to the stack exit diameter on a full 0% to 100% chart recorder scale. The smoke meter optical design and performance shall meet the specifications sh own in Table A of this appendix. The smokemeter shall be calibrated as prescribed in subsection 3.4.3(a) of this appendix prior to conducting each smoke reading test. At the completion of each test, the zero and span drift shall be checked, and if the dri ft exceeds plus or minus 1% opacity, the condition shall be corrected prior to conducting any subsequent test runs. The smoke meter shall be demonstrated, at the time of installation, to meet the specifications listed in Table A of this appendix. This demo nstration shall be repeated following any subsequent repair or replacement of the photocell or associated electronic circuitry, including the chart recorder or output meter, or every 6 months, whichever occurs first.

a. Calibration . The smoke meter is calibrated after allowing a minimum of 30 minutes

warm

- up by alternately producing simulated opacity of 0% and 100%. When stable response at 0% or 100% is noted, the smoke meter is adjusted to produce an output of 0% or 100%, as appropriate. This calibration shall be repeated until stable 0% and 100% readings are produced without adjustment. Simulated 0% and 100% opacity values may be produced by alternately switching the power to the light source on and off while the smoke generator is not producing smoke.

b. Smoke Meter Evaluation . The smoke meter design and performance are to be

evaluated as follows: (1) Light Source. Verify, from manufacturer's data and from voltage measurements made at the lamp, as installed, that the lamp is operated within plus or minus 5% of the nominal rated voltage. (2) Spectral Response of Photocell. Verify from manufacturer's data that the photocell has a photopic response (i.e., the spectral sensitivity of the cell shall closely approximate the standard spectral

- luminosity curve fo r photopic vision which is referenced in (b) of Table A of this appendix). (3) Angle of View. Check construction geometry to ensure that the total angle of view of the smoke plume, as seen by the photocell, does not exceed 15 **°**

. Calculate the total angle of view as follows: Total Angle of View = 2tan -1 d/2L

Where:

d = The photocell diameter + the diameter of the limiting aperture; and

L = The distance from the photocell to the limiting aperture. The limiting aperture is the point in the path between the phot ocell and the smoke plume where the angle of view is most restricted. In smoke generator smoke meters, this is normally an orifice plate. (4) Angle of Projection. Check construction geometry to ensure that the total angle of projection of the lamp on the s moke plume does not exceed 15 **°**

. Calculate the total angle of projection as follows: Total Angle of Projection = 2tan -1 d/2L

Where:

d = The sum of the length of the lamp filament + the diameter of the limiting aperture; and

L = The distance from the lamp to the limiting aperture. (5) Calibration Error. Using neutral

- density filters of known opacity, check the error between the actual response and the theoretical linear response of the smoke meter. This check is accomplished by first calibrating the smoke met er, according to subsection 3.4.3(a) of this appendix, and then inserting a series of

three neutral

- density filters of nominal opacity of 20%, 50%, and 75% in the smoke meter path length. Use filters calibrated within plus or minus 2%. Care

should be taken when inserting the filters to prevent stray light from affecting the meter. Make a total of five nonconsecutive readings for each filter. The maximum opacity error on any one reading shall be plus or minus 3%. (6) Zero and Span Drift. Determine the zero a nd span drift by calibrating and operating the smoke generator in a normal manner over a 1

- hour period. The drift is measured by checking the zero and span at the end of this period.(7) Response Time. Determine the response time by producing the series of five simulated 0% and 100% opacity values and observing the time required to reach stable response. Opacity values of 0% and 100% may be simulated by alternately switching the power to the light source off and on while the smoke generator is not operating

.

Table A

. Smoke Meter Design and Performance Specifications

Parameter Specification a. Light Source Incandescent lamp operated at nominal rated voltage. b. Spectral response of photocell Photopic (daylight spectral response of the human eye). c. Angl e of view 15 **°** maximum total angle d. Angle of projection 15 **°** maximum total angle

e. Calibration error Plus or minus 3% opacity, maximum. f. Zero and span drift Plus or minus 1% opacity, 30 minutes. g. Response time Less than or equal to 5 seconds

4. VISUAL OPACITY DETERMINATION OF EMISSIONS FROM LIVESTOCK ACTIVITIES

– CORRALS, PENS, AND ARENAS

4.1 Applicability. This method is applicable for the determination of opacity of fugitive dust plumes

from livestock activities

- corrals, pens, and arenas.

4.2 Principle . The opacity of emissions from livestock activities

- corrals, pens, and arenas is determined visually by an observer qualified according to Section 3.4 of this appendix.

4.3 Procedures . An observer qualified, in accordance with Section 3.4 of th is appendix, shall use the following procedures for visually determining the opacity of emissions :

4.3.1 Position. Stand at a position at least 5 meters from the livestock activities

- corrals, pens, and arenas in order to provide a clear view of the emissi ons with the sun oriented in the

140 **°** sector to the back. Consistent as much as possible with maintaining the above requirements, make opacity observations from a position such that the line of sight is approximately perpendicular to the plume and wind dir ection. As much as possible, if multiple plumes are involved, do not include more than one plume in the line of sight at

one time.

4.3.2 Field Records. Record the name of the site, method of control used, if any, observer's name, certification data and af filiation, and a sketch of the observer's position relative to the livestock activity

- corrals, pens, and arenas. Also, record the time, estimated distance to the livestock activity

- corrals, pens, and arenas location, approximate wind direction,

estimated w ind speed, descrip tion of the sky condition (presence and color of clouds), observer's position relative to the livestock activity

- corrals, pens, and arenas, and color of the plume and type of background on the visible emission observation from when opacity readings are initiated and completed.

4.3.3 Observations. Make opacity observations, to the extent possible, using a contrasting background. For storage piles, make opacity observations approximately 1 meter above the surface from which the plume is generated. The initia l observation should begin immediately after a plume has been created above the surface involved. Do not look continuously at the plume, but instead observe the plume momentarily at 15

- second

intervals.

4.3.4 Recording Observations. Record the opacity obs ervations to the nearest 5% every 15 seconds on an observational record sheet. If a multiple plume exists at the time of an observation, do not record an opacity reading. Mark an “x” for that reading. If thelivestock activity

- corrals, pens, and arenas ceases operating, mark an “x” for the 15

- second interval reading. Readings identified as “x” shall be considered interrupted readings.

4.3.5 Data Reduction. Within any 60

- minute period, count at least three minutes that are greater than 20% opacity. If at least 13 readings are greater than 20% opacity, the livestock activity

- corrals, pens, and arenas is not in compliance. Readings immediately preceding and following interrupted readings shall be deemed consecutive and in no case shall two sets overlap, result ing in multiple violations.