Rule 801 1 

Rule 8021 

Rule 8031 

Rule 8041 

Rule 8051 

Rule 8061 

Rule 8071 

Rule 8081 

United States Environmental Protection Agency, Region IX 

Air Division 

Technical Support Document 

for 

EPA's Notice of Proposed Rulemaking 

for the 

California State Implementation Plan 

San Joaquin Valley Unified Air Pollution Control District 

Regulation VIII Fugitive Dust Rules 

General Requirements 

Construction, Demolition, Excavation, Extraction, and Other Earthmoving 

Activities 

Bulk Materials 

Carryout and Trackout 

Open Areas 

Paved and Unpaved Roads 

Unpaved Vehicle/Equipment Traffic Areas 

Agricultural Sources 

,J 

Karen Irwin 

May 10,2005 
Submitted Rules 

The following rules were adopted by the San Joaquin Valley Unified Air Pollution 

Control District (SJVUAPCD or "District") on August 19, 2004 and September 16, 2004, 

and submitted by the California Air Resources Board (CARB) on September 23, 2004. 

These rules are collectively referred to as "Regulation VIII". 

8041 1 Caryout and Trackout 1 08/19/04 ( 

Rule # 

801 1 

802 1 

803 1 

8051 1 Open Areas 1 08/19/04 1 

8061 ( Paved and Unpaved Roads 1 08/19/04 1 

Rule Title 

General Requirements 

Construction, Demolition, Excavation, 

Extraction, and Other Earthmoving Activities 

Bulk Materials 

Adopted 

081 19/04 3 

081 1 9/04 

081 19/04 

SIP-Approved Rules 

8071 

8081 

We approved versions of Rules 80 1 1, 802 1, 803 1, 804 1, 805 1,806 1, 807 1 and 

8081 into the SIP on February 26,2003. 68 FR 8830. The SIP-approved versions of these 

rules were adopted by SJVUAPCD on November 15,2001 and CARB submitted them to us 

on December 6, 2001. 

Criteria for Evaluation 

Unpaved Vehicle/Equipment Traffic Areas 

Agricultural Sources 

Generally, SIP rules must be enforceable (see section I lO(a) .of the Act) and must not 

relax existing requirements (see sections 110(1) and 193). These rules have been evaluated 

for enforceability with the "Guidance Document for Correcting Common VOC & Other Rule 

Deficiencies," EPA Region 9, August 21, 2001 (the Little Bluebook). 

091 16/04 

09/16/04 

We have also reviewed the submitted rules to determine whether the Best Available 

Control Measure (BACM) commitments in the "2003 San Joaquin Valley dan to Attain 
Federal Standards for Particulate Matter 10 Microns and Smaller"' (PM-10 Plan) have been 

adopted into Regulation VIII for purposes of fulfilling the SIP-approved PM-10 plan 

commitments. EPA approved the PM-10 Plan on May 26,2004 (69 FR 30006). EPA's 

determination that the PM-10 Plan satisfies CAA section 189(b) requirements for BACM~ 

was, in part, based upon SJVUAPCD's commitments to adopt specific requirements for 

fugitive dust sources subject to Regulation VIII. Since we have already approved the Plan's 

BACM demonstration for Regulation VIII sources, we are only evaluating these rules under 

CAA section 189(b) to the extent that requirements adopted in August and September, 2004 

differ from the BACM commitments contained in the PM-10 Plan. 

' CARB submitted Amendments to this plan on December 30,2003. These 

Amendments supersede some portions of the 2003 PM-10 Plan and also add to it. 

References to the "PM-10 Plan" hereafter mean the 2003 Plan submitted on August 19, 

2003, as amended by the December 30,2003 submittal. 

As we explained in our proposed approval of the PM-10 Plan, CAA section 

189 (a) (1 ) (C) requires implementation of RACM for moderate PM-10 nonattainment areas 

and that a serious area PM-10 plan must also provide for the implementation of RACM to 

the extent that the RACM requirement has not been satisfied in the area's moderate area 

plan as was the case here. We further explained that we do not normally conduct a separate 

evaluation to determine if a serious area plan's measures meet the RACM as well as BACM 

requirements as interpreted by us in the General Preamble for the Im~lementation of Title I 

of the Clean Air Act Amendments of l990,57 FR 13498 (April 16,1992) at 13540. This is 

because in our serious area guidance -Addendum to the General Preamble for the 

Im~lementation of Title I of the Clean Air Act Amendments of 1990, 59 FR 41998 (August 

16, 1994) at 42010 -- we interpret the BACM requirement as generally subsuming the 

RACM requirement (i.e., if we determine that the measures are indeed the "best available," 

we have necessarily concluded that they are "reasonably available"). 69 FR at 5417lfootnote 

11. Accordingly, in our evaluation and proposed approval of Regulation VIII below, 

references to BACM are intended to include RACM. 
Evaluation of the submitted versions of Regulation VIII rules relative to the 

2003 PM-10 Plan Regulation VIII Commitments 

The bullets below correspond with the order of bullets in the San Joaquin Valley 

2003 PM-10 Plan Regulation VIII commitments as they appear in Chapter 4, pages 4-31 

through 4-38 (December 2003 submittal), which is included in the docket associated with 

this proposed rulemaking. Each bullet indicates the section of the rule that contains the 

requirement specified in the PM-10 Plan commitments. 

In addition, we provide cross-references to a table in the Technical Support 

Document (TSD) associated with our approval of the San Joaquin Valley PM-10 plan3, also 

included in the docket associated with this proposed rulemaking. The table includes a list of 

44 measures, a number of which EPA approved as BACM commitments to be incorporated 

into Regulation VIII. We reference the appropriate number(s) from this table in brackets [ ] 

adjacent to each rule section listed below. In some cases, "NA" (Not Applicable) is contained 

in brackets, which reflects that either the measure is not necessary to our BACM analysis or it 

is a detailed subset of a control measure (as explained in a footnote to the notation "NA"). 

An asterisk (*) is used to explain differences between the PM-10 Plan commitments 

and the rule requirements adopted by the SJVUAPCD, along with justification as to why the 

differences are acceptable for purposes of meeting BACM. We also note that the September 

23,2004 submittal contains a staff report and numerous responses to comments that may 

provide additional explanation as to the final version of the adopted Regulation VIII 

requirements. 

Rule 8021 commitments - Construction, Demolition ... Earthmoving 

Demolition 

Require application of dust suppressants to erodible surfaces within 100 feet of a structure 

where debris may fall. 

5.1.2 [#33 and #34] 

Require application of water within 1 hour of demolition to erodible surfaces within 100 feet 

of structure. a 5.1.5 [#33] 

Require application of water or dust suppressants to areas where equipment will operate. 5.1.1 and 5.1.3 [#32] F- 

"EPA's TSD for the San Joaquin Valley, California, 2003 PM-10 Plan and 2003 

PM-10 Plan Amendments," pgs. 20-28. 

-3- 
Require application of water or dust suppressants to disturbed soils and debris within one 

hour after demolition is complete or at the end of each workday. 0 5.1.1 [#34] * except that section 5.1.1 provides for wetting throughout the 

duration of razing and demolition activities. Section 5.1.1 is more stringent 

than the PM-10 Plan commitment which specifies compliance one hour after 

demolition or at the end of the work day. 

Construction 

Require Dust Control Training Class. 

6.3.6.8 [#35] 

Limit on-site vehicle speeds to 15 mph. 0 5.3.1 [#37] * the rule's speed limit requirement applies to "uncontrolled unpaved 

access/haul roads on construction sites". The commitment in the PM-10 Plan does 

not limit this requirement to "uncontrolled" sources. Since section 5.2, Table 8021-1, 

B3 of Rule 8021 requires controls for unpaved access/haul roads on construction 

sites, it is unclear under what circumstances the speed limit requirement in section 

5.3.1 applies. However, EPA's BACM determination relies on the requirement that 

unpaved haul/access roads be controlled by water or other dust suppressants to meet 

the conditions of a stabilized surface and 20% opacity, which is more stringent than a 

speed limit. Therefore, we do not consider this PM-10 Plan commitment a necessary 

part of the BACM determination. 

Require speed limit signage at sites greater than 10 acres. 0 5.32 [#37] * Ibid. 

Require Dust Control Plans for residential projects larger than 10 acres and for commercial 

projects larger than 5 acres. 0 6.3.1 [#20] 

Require notification to the District of any earthmoving operations between 1 and 10 acres 

for residential construction projects, and 1 and 5 acres for commercial construction projects. 0 6.4.1 and 6.4.2 [#20] 

Cease construction activities that disturb the soil when a wind event is declared. (A wind 

event is defined as any day in which 1-minute wind gust exceeds 25 mph as determined by 

the District.) 

5.4.1 [#24] * the PM-10 Plan commitment specifies ceasing construction 

activities when a wind event is declared, defined as any day in which a 1-minute 

wind gust exceeds 25 mph. However, the adopted requirement in section 5.4.1 states 

that construction activities are to cease whenever visible dust emissions (VDE) exceed 
20% opacity. We believe this requirement is equally or more stringent than specifying 

a wind speed at which operations must cease because 20% opacity may be exceeded 

when wind speeds are less than 25 mph. The adopted requirement requires 

construction sites to maintain compliance with 20% opacity under any 

meteorological conditions. 

Cease construction activities that disturb the soil when 20% opacity is exceeded due to 

wind. 

0 5.4.1 [#24] 

Require continued operation of water trucks when construction ceases due to wind, unless 

unsafe to do so. 0 5.4.2 [#24] 

Rule 8031 commitments - Bulk Materials 

Limit an exemption to the storage of materials where the total amount of material stored is 

100 cubic yards or less (specifically, section 4.4).4 0 4.4 [#27] 

Require wind barriers to have less than 50% porosity.5 0 5.0, Table 803 1 - 1, A2 and B3 [NA]~ 

Note: use of the term "limit" in this commitment reflects that a 100 cubic yard 

exemption for both handling and storage of bulk materials exists in the SIP-approved 

version of Rule 8031, dated Nov 15, 2001. The commitment is to eliminate the 100 cubic 

yard exemption for handling of bulk materials but retain it for storage of bulk materials. 

Constructing wind barriers for bulk materials and complying with 20% opacity is an 

existing option in the SIP-approved Rule 8031. This commitment requires that wind barriers 

have less than 50% porosity. P 

Rule 8031 requires that constructing wind barriers with less than 50% porosity be 

done in combination with applying water or a chemicaVorganic stabilizer, which is addressed 

in #27 and #28. 
Require control during the handling of bulk material piles regardless of size and retain an 

exemption for stored bulk material piles where no material is being added or removed. 

5.0, Table 8031-1, A1 and A2, and 4.47 [#27 and #28] 

Add an additional option to Table 8031 to allow 3-sided enclosures8 that are at least as high 

as the storage pile and with less than 50% porosity. 

5.0, Table 8031-1, B4 [NA] * Rule 8031 revises the term "enclosures" to 

"structures". Rule 801 1 defines a three-sided structure as "a building with walls on 

three sides with or without a roof'. Due to the specifications that wind barrier height 

be equal or greater relative to the storage pile and that it have three sides, we deem 

this an acceptable BACM alternative to surface stabilization. 

Rule 8041 commitments - Carryout and Trackout 

Add requirements applicable to 20 vehicle trips per day with three or more axles. 

5.2 and 5.8 [#619 

Require trackout control devices to be a minimum of 25 feet in length and full width of the 

unpaved road fwhere entry and exit roads are separated and clearly designated, control 

devices are only required for the exit roads). 

5.9.1 [#6 (footnote 13)] 

Require paved interior roads to be 100 feet in length and full width of the unpaved road 

(including the turning radius where an interior road meets a paved public road). 

5.9.3 [#6 (footnote 13)] 

For clarification, Rule 8031 did not previously contain text qualifying the exemption 

for open storage piles as "where no material is actively being added or removed at the end 

of the workday or overnight and" (that is less than 100 cubic yards). Including this text 

allows enforcement of the rule on open storage piles that are less than 100 cubic yards 

which are being actively worked at the end of the workday or overnight. 

Rule 801 1 defines an "enclosed structure" as a building with walls on all sides 

covered with a roof. 

:* 

The table in the TSD for our approval of the PM-10 Plan contains an erroneous 10 

trip per day threshold. The correct 20 trip per day threshold is discussed in the TSD on pg. 

37. 
Require gravel pads to be 3 inches deep, 50 feet long, and cover the full width of the 

unpaved road (including the turning radius where an unpaved road meets a paved public 

road)(where entry and exit roads are separated and clearly designated, gravel is only 

required for the exit roads). 0 5.9.2 [#6 (footnote 13)] 

In rural areas, remove trackout onto public paved roads from construction sites 10 or more 

acres immediately when it extends 50 feet from the nearest exit point of a site. 0 5.5 [#6 and footnote 14)] 

Rule 805 1 commitments - Open Areas 

Change applicability to 0.5 acres in urban areas, or 3 acres in non-urban areas, which 

contain disturbed surface areas of at least 1,000 square feet. 0 2.0 [#42] 

Require control measures immediately after cessation of disturbance. 

5.0 and Table 8051-1, A [NA]" " the PM-10 Plan commitment specifies that 

control measures will be required immediately after cessation of disturbance. Rule 

8051 language states that an ownerloperator shall implement one or a combination 

of control measures to comply with the conditions of a stabilized surface at all times 

and to limit VDE to 20% opacity. We consider the "at all times" compliance 

requirement to be equally stringent as requiring measures immediately after cessation 

of disturbance since SJVUAPCD can cite a non-compliant open area upon discovery 

that the open area does not comply with rule requirements. 

Require more than one control method for disturbed open areas if VDE exceeds 20% 

opacity due to windblown dust. 0 5.0" [NA]12 

This commitment addresses timeliness of control measure application. 

" Section 5.0 requires more than one control measure by stating that "an 

ownerloperator shall implement one or a combination of control measures,=.", thus this 

language meets the commitment. 

l2 This commitment clarifies the potential need for multiple control measures in order 

to achieve one of the rule's performance standards. 
Add an exemption for mowing and/or cutting weeds that maintain at least 3 inches of 

stubble.I3 

0 4.114 [NA]'~ 

Rule 8061 commitments - Paved and Unpaved Roads 

Paved Roads 

Caltrans and local governments within the District have committed to controlling fugitive 

dust emissions through a variety of means. The Transportation Planning Agencies have 

compiled commitments from the local agencies that are included in the Plan 0 This commitment is addressed in the PM-10 Plan as opposed to Regulation VIII. 

Obtain commitments from municipalities to construction of 4-foot paved shoulders on 50% 

of existing paved roads with the highest average daily trips (ADT) in urban areas and on 

25% of existing paved roads with the highest ADT in rural areas (measure subject to state 

and local funding constraints) 0 5.2.416 [#2] 

Require municipalities, or their contractors, to purchase PM-10 efficient street sweepers 

when new street sweepers are purchased.17 0 5.1.2.1 [#3] 

Require municipalities to purchase at least one PM-10 efficient street sweeper within three 

years. 

0 5.1.2.3 [#3] 

l3 Weed abatement techniques which maintain at least 3 inches of stubble are a fdrm 

of vegetative control preventing wind erosion. 

l4 This exemption recognizes that weed stubble of 3 inches high provides adequate 

protection against windblown dust. 

l5 This commitment addresses a detail within the context of weed abatement controls 

(#44). 

l6 Section 5.2.4.1.4 addresses budget constraints by allowing agencies to submit a 

statement of financial hardship to, and approved by, the Air Pollution Cobtrol Officer 

(APCO) and U.S. EPA. 

l7 This requirement is effective on July 1, 2005. 
Require priority sweeping on dirt-laden roads. 0 5.1.2.2 [#8] 

Require street sweeping frequency of at least once per month on roads where PM-10 

efficient street sweepers are used. 0 5.1.2.4 [#5] 

Require removal of dirt/debris from roadways within 24 hours of identification of such 

conditions after a wind or rain runoff event.18 0 5.1.3.1 [#4] * the rule specifies that this requirement applies where there are 

accumulations of mudtdirt 1 inch thick or more over an area of 50 square feet or 

more on road surface travel lanes. Also, as an alternative to the 24-hour compliance 

period, vehicles can be restricted from traveling over the mudtdirt accumulation until 

such time as the material can be removed from the travel lanes. We believe the 

alternative of restricting traffic is acceptable as BACM because it prevents reentrainment of paved road dust emissions by vehicles. Section 5.1.3.3 allows 

extension of the 24-hour timeframe upon notification and approval by the APCO if 

unsafe travel conditions would result from restricting vehicle traffic and removal of the 

material is not possible within 72 hours due to weekend or holiday conditions. This is 

based on comments from public agencies indicating that authorization to extend the 

72-hour time period is necessary to address some major storm event circumstance^.^^ 

Require that PM-10 efficient street sweepers are operated according to manufacturer's 

specifications. 

0 5.1.2.5 [NAlZ0 

Require that proper procedures be followed to minimize entrainment of material during 

,removal of windtrain-related dirt deposits from roads. 

5.1.3.2 and 5.1.3.4 [NAlZ1 

l8 A definition for "event material" has been included in Rule 8011 that encompasses 

wind, storm, or water erosion and runoff. 

l9 "Final Draft Staff Report", Appendix A, SJVUAPCD, Pg. 13 of March 12,2004 

comment responses. 

20 This commitment addresses a detail concerning PM-10 efficient shet sweepers, 

which are addressed in #3. 

This commitment addresses a detail concerning rapid clean up of material spills 

and erosion-caused deposits, which are addressed in #4. 
Un~aved Roads 

Limit vehicle speeds to 25 mph. rn [#I31 

Require all new non-temporary roads in urban areas to be paved. rn 5.2.223 [#I11 

Require existing unpaved roads in urban areas to be paved. 5.2.3.1.324 [#I21 

Require application of specified controls to prevent VDE and provide a stabilized surface on 

roads with 26 annual ADT and above. 

5.2.lZ5 [#I21 

Require public agencies responsible for public unpaved roads to report ADT estimates to the 

District in addition to the current reporting requirement for road miles and controls 

implemented. 

rn 5.2.3.1.land5.2.3.1.2~~ [NA]~~ 

22 This requirement applies on unpaved roads with 26 annual ADT. EPA's BACM 

determination relies on the requirement that unpaved roads be controlled by water or other 

dust suppressants to meet the conditions of a stabilized surface and 20% opacity, which is 

more stringent than establishing a speed limit. Therefore, we do not consider this 

PM-10 Plan commitment a necessary part of the BACM determination. 

23 Temporary roads are defined in Rule 801 1 as unpaved roads in which vehicle 

access is limited to a period of six months or less during a 3-year period and such roads 

must be stabilized according to the rules' test methods. 

24 Specifically, this section requires paving on 20% of urban unpaved roads annually 

up to a maximum of 5 cumulative miles. Section 5.2.3.1.5 allows agencies to submit a 

statement of financial hardship due to budgetary constraints that must be approved by the 

APCO and U.S. EPA. 

25 This requirement applies to both urban and rural unpaved roads. 

26 These sections specify that agencies must provide the District with a list of all 

unpaved roads under their jurisdiction along with ADT by January 1, 2005 for urban roads 

and July 1, 2005 for rural roads. 

27 This commitment is a detail associated with #12. 
Rule 8071 commitments - Unpaved VehicleIEquipment Traffic Areas 

Eliminate the existing one-acre applicability provision (i.e., the provisions of this rule will 

apply to all sites regardless of size) 

the rule does not contain a parking lot exemption based on lot size. [NA]~~ 

Establish a vehicle threshold limit of 50 annual ADT before specific controls must be used to 

prevent VDE and to provide a stabilized surface. 

4.1 and,5.1.1 [#I61 

Establish a single day peak threshold of 150 vehicle trips per day or require specific controls 

for sources that exceed the 150 vehicle trip per day threshold limit on at least 30 days per 

year. 

0 5.1.2 [#I61 

Establish a threshold limit of 25 or more vehicle trips per day for vehicles with three or more 

axles. 

0 5.1.3 [#I61 

Require 48-hour notification to the District of special events whenever 1,000 or more 

vehicles will use unpaved surfaces for parking 0 5.1.4 [NA12' 

Rule 8081 commitments - Agricultural Sources 

Agricultural unpaved roads that do not meet the applicability threshold(s) for VDE or surface 

stabilization are subject to the Conservation Management Practices Program that contains a 

speed control option. 

This commitment is addressed in Rule 4550 as opposed to Regulation VIII. [#I51 

Establish a vehicle threshold limit for agricultural unpaved roads of 75 vehicle tripslday 

before specified controls must be used to prevent VDE and to provide a stabilized surface. 0 5.2.2.1 [#I41 

28 This commitment is a detail associated with #16. 

29 This commitment is a detail associated with #16. 

-11- 
Establish a threshold limit for agricultural unpaved roads of 26 or more vehicle tripslday for 

vehicles with three or more axles 

5.2.2.1 [#I41 * the rule establishes a 25 or more vehicle tripslday applicability 

threshold, and thus is marginally more stringent than the committed threshold. 

Eliminate the exemption for implements of husbandry from vehicle trip counts 

4.4 [NA]~' * the rule does not contain a broad exemption for implements of 

husbandry. Rather, it exempts "equipment with loading forks employed in the act of 

loading or unloading harvested commodities in the harvest location and traveling at 

3 miles per hour or less" from vehicle trip counts. The District's submittal indicates 

that the intention of this exemption is to exempt slow-moving forklifts used to carry 

commodity containers from the field to the paved road for further loading onto a 

truck or trailer (Appendix A, "Responses to Written Comments from EPA, ARB and 

Stakeholders", pg. 5). Tractors are not exempt from vehicle trip counts as the 

exemption only applies to forklifts which are generally not capable of traveling more 

than 3 miles per hour. Given the limited nature of the exemption, we deem that it 

does not interfere with the BACM demonstration. 

Establish an average annual trip threshold of 50 trips for unpaved vehiclelequipment traffic 

areas before specified controls must be used to prevent VDE and to provide a stabilized 

surface. 

0 5.3.1 [#I81 

Establish a single day peak threshold for unpaved vehiclelequiprnent traffic areas of 150 

vehicle trips per day or require specific controls to prevent VDE and provide a stabilized 

surface for sources that exceed the 150 vehicle trip per day threshold limit on at least 30 

days per year. 0 5.3.2 [#I81 

Limit an exemption to the storage of materials where the total amount of material stored is 

100 cubic yards or less (specifically, section 4.6).31 0 4.6 [#39] 

30 This commitment is a detail associated with #14. 

31 This section also adds the qualifier "where no material is activelpbeing added or 

removed at the end of the workday or overnight and" (that is less than 100 cubic yards). 

Including this text allows enforcement of the rule on open storage piles that are less than 100 

cubic yards which are being actively worked at the end of the workday or overnight. 
Eliminate the existing one-acre exemption for unpaved vehicle and equipment parking and 

traffic areas for farms within one mile of any city or unincorporated rural community in 

section 4.7. a 4.7 [NA]~' 

Carryout and trackout from off-field agricultural sources are proposed to be part of the 

Congestion ~ana~ement Practices (CMP) Program, therefore, section 4.9 will need to be 

modified to reflect this situation. 

4.9 [#41] * Section 4.9 previously exempted agricultural source carryout and 

trackout. In the submitted Rule 8081, this exemption has been eliminated. 

Add the existing California Vehicle Code Regulations sections 231 12-231 13 requiring 

trackout cleanup to section 5.2 

5.4 [#41] * This commitment has been met in section 5.4 as opposed to 5.2. 

Require wind barriers to have less than 50% porosity 

Table 8081-1, A2 and B3 [NA] *this commitment mirrors that of Rule 8031. See 

the Rule 8031 discussion. 

Add an additional option to Table 8081-1 to allow 3-sided enclosures that are at least as 

high as the storage pile and with less than 50% porosity 

Table 8081-1, B4 [NA] *this commitment mirrors that of Rule 8031. See the Rule 

8031 discussion. 

32 This commitment is a detail associated with #18. 

-13- 
Evaluation of the submitted versions of Regulation VIII rules with respect to 

1 lO(a) CAA requirements 

In reviewing the submitted revisions relevant to the 2003 PM-10 Plan commitments, 

the modifications adequately meet our enforceability criteria in that they reference applicable 

standards and test methods where necessary, add adequate specificity to the commitments 

in the Plan where necessary to ensure rule clarity and enforceability, and do not contain 

inappropriate Executive Officer discretion. 

In addition to the revisions incorporating the PM-10 Plan commitments, SJVUAPCD 

made other revisions to the rule language. These revisions include minor text re-phrasing, 

re-formatting and the following:33 

Rule 801 1 - General Requirements (e.g., definitions, test methods) 

clarifying the date by which the amendments take effect (October 1, 2004)34 

revising the definition of "modified road" to exclude "pavement or roadbed 

rehabilitation that does not affect roadway geometric^"^^ 

incorporating "area" to the "paved road" definition 

adding a definition for "rural": "areas not classified as urban constitute "rural" 

incorporating "unpaved shoulder" to the "stabilized unpaved road" definition 

adding a definition for "unpaved hauVaccess road" 

revising the definition of "wind barrier" to specify reducing "the shearing effects 

caused by wind thereby reducing or eliminating" the amount of entrained fugitive 

dust 

adding a definition for "wind generated fugitive dust" as "visible emissions from any 

disturbed surface area which are generated by wind action alone" 

adding a definition for "workday" as "...any period of hours or shift within a 24-hour 

period" 

revising the text describing the alternative compliance option for a fugitive PM-10 

management plan for unpaved roads and unpaved vehicle/equipment traffic areas to 

indicate that the plan must be implemented on all days traffic exceeds "the number of 

annual average daily vehicle trips ... as specified in Rules 8061, 8071 and 8081" in lieu 

33 Revisions discussed within the context of the PM-10 plan commitments are not 

duplicated here. 

34 This clarification has also been included in other Regulation VIII rules. 

3'- 

35 This modification reflects a more refined definition of road maintenance based on 

a comment made by the County of Fresno ("Final Draft Staff Report", Appendix A, 

SJVUAPCD, pg. 10 of March 12,2004 comment responses). 
of 7536 

These modifications constitute rule clarifications or strengthenings. 

Rule 8021- Construction, Demolition ... Earthmoving 

0 eliminating reference to mowing and cutting in the exemption concerning weed 

abatement (section 4.4) but retaining the term "disking" 

adding text limiting the exemption for the spreading of daily landfill to that which is 

"necessary to cover garbageJrubbish in order to preserve public health and safety and 

to comply with the requirements of the California Integrated Waste Management 

Board during wind conditions which would generate fugitive dust" 0 clarifying that sources must comply with the conditions for a stabilized surface area 

when applicable 

adding "depositing or relocating" to activities that trigger Dust Control Plan 

requirements 0 adding that "construction activities shall not commence until the APCO has approved 

or conditionally approved the Dust Control Plan" 

clarifying that Dust Control Plans are required for both residential and non-residential 

activities 0 establishing a 30-day time period by with the District must either approve, 

disapprove, or conditionally approve submitted Dust Control Plans. Should the 

District not provide comments to the ownerJoperator within 30 days, the Dust 

Control Plan is automatically approved. 

These modifications constitute rule clarifications or strengthenings with one 

exception: the 30-day time period for the District to approve, disapprove, or conditionally 

approve Dust Control Plans and automatic approval if the District does not provide 

comments. We believe by including this provision, the District is acknowledging that it may 

not be able to act in a timely manner on all submitted Dust Control Plans and, in this event, 

does not wish to delay construction projects. Because sources are subject to Regulation VIII 

requirements at all times irrespective of requirements contained in a Dust Control Plan, we 

believe this modification is acceptable and will not undermine the rule requirements. 

Rule 8031 - Bulk Materials 

adding the following qualifier to the exemption for outdoor bulk material storage piles 

36 This revision does not alter the stringency of the provision, but acknowledges that 

there are multiple vehicle trip thresholds in the various rules. 
less than 100 cubic yards: "where no material is actively being added or removed at 

the end of the workday or overnight" 

This modification strengthens the rule. 

Rule 8041 - Carryout and Trackout 

clarifying that the rule applies "...where carryout or trackout has occurred or may 

occur on paved public roads or the paved shoulders of a paved public road" 

clarifying that all ownersJoperators shall remove all visible carryout and trackout at 

the end of each workday (in addition to more restrictive requirements as applicable) 

including an option to clean up carryout and trackout by flushing with water if curbs 

and gutter are not present and where the use of water will not result as a source of 

trackout material or violate any National Pollutant Discharge Elimination System 

permit program 

adding an option for ownersJoperators to utilize a carryout and trackout prevention 

procedure which has been demonstrated to the satisfaction of the APCO and U.S. 

EPA as achieving an equivalent or greater level of control than specified in the rule 

specifying that in the event trackout control devices are insufficient to prevent 

carryout and trackout, removal of any carryout and trackout must be accomplished 

within one-half hour of the generation of such carryout and trackout 

These modifications constitute rule clarifications or strengthenings with two 

exceptions: the option to clean up carryout and trackout by flushing with water and the 

option for an alternative carryout and trackout prevention procedure demonstrated to the 

APCO and U.S. EPA as achieving equivalent or greater control. We believe these two 

provisions are written in such a way as to ensure a control level at least equivalent to other 

alternatives. Also, given the inclusion of U.S. EPA in evaluating any alternative carryout and 

trackout procedures, this rule modification does not contain inappropriate Executive Officer 

discretion. 

Rule 805 1 - Open Areas 

eliminating duplicative references to the rule's 20% opacity standard 

This modification does not affect the stringency of the rule as the rule still contains a 

20% opacity requirement. 

*, 
Rule 8061 - Paved and Unpaved Roads 

clarifying that the exemption for unpaved road segments with less than 26 annual 

ADT does not apply to the rule requirement for city, county, and state agencies to 

pave an average of 20% annually of all unpaved roads up to a maximum of 5 

cumulative miles 

clarifying under "exemptions" that maintenance and resurfacing of existing paved 

roads does not apply to section 5.2 (unpaved road requirements) 

clarifying that the Rule 8011 exemption for emergency activities performed to ensure 

public health and safety specifically applies to sources subject to Rule 8061 

exempting equipment used to remove debris beyond the capabilities of PM-10 

efficient street sweepers 

adding the "limit of right-of-way" as an alternative to minimum paved or stabilized 

shoulder width requirements of 4 or 8 feet 

revising text exempting "new paved road construction or modifications to an existing 

paved road that are required to comply with" the California Environmental Quality 

Act and the National Environmental Policy Act to state: "Where the requirements 

specified in Section 5.1.1.1.1 are shown to conflict with the requirements of ..." 

adding text to median requirements specifying that medians shall be constructed "in 

conformance with the AASHTO guidelines for width of median shoulders" (with 

paved shoulders having a minimum width of four feet ...) 

revising the list of control measures for unpaved roads to specify chemicaVorganic 

dust stabilizerslsuppressants must be used in accordance with the manufacturer's 

specifications37 

revising the list of control measures for unpaved roads to modify the option of 

applying "vegetative materials" to applying "Roadmix" 

revising the existing compliance alternative to the list of control measures for unpaved 

roads to specify that any alternative method "be demonstrated to the satisfaction of 

the Air Pollution Control Officer" to meet the rule's surface stabilization test (in 

addition to 20% opacity) 

adding specific reference to recordkeeping requirements in sections 5.2.3 and 5.2.4 

of Rule 80 1 1 

revising the dates by which agencies must provide written reports documenting 

compliance with the rule from 2001 and 2002 to 2003 and 2004 (reports are also 

due each two-year period thereafter) 

eliminating the phrase "where possible" regarding the total miles of roads and 

estimated traffic volume agencies are required to provide on which actions have been 

taken to reduce PM-10 emissions 

T1 

37 The rule also requires compliance with 20% opacity and surface stabilization 

according to defined test methods. 
These modifications constitute rule clarifications or strengthenings with one 

exception: the revision that allows shoulders to be paved or stabilized to the limit of the 

right-of-way. This revision recognizes the legal constraints that apply to public agencies in 

cases where the right-of-way does not extend the full 4- or 8-foot distance required by the 

rule. 

Rule 807 1 - Unpaved VehicleIEquipment Traffic Areas 

0 revising requirements to allow compliance with 20% opacity only, as opposed to 

compliance with both 20% opacity and surface stabilization tests, if vehicle activity 

originates from and remains exclusively within an unpaved vehiclelequipment traffic 

area. 0 specifying compliance with surface stabilization tests for unpaved vehiclelequipment 

traffic areas that exceed the applicable vehicle trip thresholds 0 revising the list of control measures for unpaved roads to specify chemicaVorganic 

dust stabilizers/suppressants must be used in accordance with the manufacturer's 

specifications38 0 revising the list of control measures for unpaved roads to modify the option of 

applying "vegetative materials" to applying "Roadmix" 0 eliminating the seven-day allowance before which an inactive unpaved parking lot is 

subject to access restrictions and vacant lot surface stabilization requirements 

These modifications constitute rule clarifications or strengthenings with one 

exception: the revision allowing compliance with only the 20% opacity test where vehicles 

remain exclusively within an unpaved parking areallot. We believe this modification 

recognizes the slower speeds at which vehicles travel that remain exclusively within a parking 

lot, thus resulting in lower emissions potential relative to other lots.39 

Rule 808 1 - Agricultural Sources 

0 clarifying that the exemption for unpaved road segments with less than 75 vehicle 

trips for that day does not apply to unpaved road segments subject to Rule 4550 

(Conservation Management Practices) 

38 The rule also requires compliance with 20% opacity and surface stabilization 

according to defined test methods. ", 

39 Note: the same control measure requirements (e.g., apply water, washed gravel, 

c hemicaVorganic stabilizer, etc.. . ) apply to unpaved vehicleltraffic areas in which vehicles 

remain exclusively within the parking area. 
revising the existing control measure option for bulk material storage piles concerning 

construction of fences or wind barriers - in lieu of requiring that open storage piles be 

covered where fences or wind barriers are constructed, the rule requires application 

of water or chemicaVorganic stabilizers/suppressants sufficient to meet 20% opacity 

revising the list of control measures for unpaved roads to modify the option of 

applying "vegetative materials" to applying "Roadmix" 

revising the existing compliance alternative to the list of control measures for unpaved 

roads to specify that any alternative method "be demonstrated to the satisfaction of 

the Air Pollution Control Officer" to meet the rule's surface stabilization test (in 

addition to 20% opacity) 

clarifying that surface stabilization tests apply to unpaved road and unpaved parking 

and traffic areas 

revising unpaved parking and traffic area requirements to allow compliance with 20% 

opacity only, as opposed to compliance with both 20% opacity and surface 

stabilization tests, if vehicle activity originates from and remains exclusively within an 

unpaved vehiclelequipment traffic area. 

eliminating the seven-day allowance before which an inactive unpaved parking lot is 

subject to access restrictions and vacant lot surface stabilization requirements 

revising the text describing the alternative compliance option for a fugitive PM-10 

management plan for unpaved roads and unpaved vehiclelequipment traffic areas to 

indicate that the plan must be implemented on all days traffic exceeds "the number of 

annual average daily vehicle trips ... as specified in sections 5.2.2, 5.3.1, and 5.3.2 of 

this rule" in lieu of 7540 

These modifications constitute rule clarifications or strengthening with two 

exceptions: the revision concerning fencelwind barrier controls-for open storage piles and 

the revision allowing compliance with only the 20% opacity test where vehicles remain 

exclusively within an unpaved parking aredlot. 

Regarding fencelwind barrier controls for open storage piles, the revision 

acknowledges that constructing fences or wind barriers is an alternative to covering (e.g., 

tarping) open storage piles rather than to be used in combination with covering. The District 

has incorporated additional requirements designed to ensure the effectiveness of this control 

measure option, including: a) requiring that wind barriers have less than 50% porosity; and 

b) requiring that water or chemicaVorganic dust suppressants be applied to piles. 

We have already addressed the revision allowing compliance with only the 20% 

opacity test where vehicles remain exclusively within an unpaved parking aredlot in our 

discussion of Rule 8071 revisions. D 

40 This revision does not alter the stringency of the provision, but acknowledges that 

there are multiple vehicle trip thresholds in the rule. 
Recommended Action 

We recommend approval of Rules 801 1,802 1,803 1,8041,805 1,806 1,807 1 and 

8081 per CAA section 110(k), with respect to sections 110(a) and 189(a)(l)(c) and 

(b)(1)(B).41 

Recommended Rule Improvements 

a Rule 8021 - add a clause specifying that "the District may require modifications to an 

owner/operator's Dust Control Plan upon determining that one or more standards or 

requirements has been exceeded. The owner/operator shall make written revisions to 

the Dust Control Plan and submit such revisions within three working days of receipt 

of the APCO's written notice, unless such time period is extended by the APCO, 

upon request, for good cause." 

a Rule 8011 - add a definition for "stabilized unpaved vehicle/equipment parking or 

traffic area" and modify citations as applicable in Regulation VIII rules to avoid 

confusion in references to "the conditions of a stabilized unpaved road" that currently 

apply to unpaved vehicle/equipment parking or traffic area requirements 

a Rule 8031 and 8081 - require compliance with surface stabilization standards for 

open storage piles in Tables 8031-1 and Table 8081-1, section B3 

a Rule 8021- eliminate the term "uncontrolled" in section 5.3.1 

a Appendix A, Section 2 - include an opacity test method tailored to non-continuous 

dust plumes caused by intermittent activities, e.g., loading/unloading or trenching 

with backhoes, that requires two observations per discrete activity (beginning with the 

first reading at zero seconds and the second reading at five seconds) 

41 Our recommendation pursuant to CAA section l89(a) (1) (c) and (b) (1) (B) is limited 

in that it only applies to the extent that Regulation VIII adopted requirements have been 

modified relative to SJVUAPCD commitments EPA approved in the San Joaquin Valley's 

2003 PM-10 Plan.