Rule 

### 8011 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 andTrackout Open Areas Paved and Unpaved Roads Unpaved Vehicle/Equipment TrafficAreas Agricultural Sources

,J Karen Irwin May 10,2005Submitted Rules 

### The following rules were adopted by the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCDor "District")on August 19,2004 and September 16,2004, and submittedby the CaliforniaAir 

### Resources Board (CARB)on September23, 2004. These rules are collectively referred to as "RegulationVIII".

8041 

# 1 Caryout and Trackout 

# 1 08/19/04 

## ( Rule # 

### 801

### 1 8021 

### 8031


### 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 OtherEarthmovingActivities Bulk Materials Adopted 08119/04

3 

### 081

### 1 9/04 08119/04

SIP-ApprovedRules



### 8071 8081

We approved versions of Rules 801

### 1,802

### 1,803

### 1,804

### 1,8051,806

### 1,807

### 1and 8081into the SIP on February 26,2003.68FR 8830.The SIP-approved versions of these rules were adopted by SJVUAPCD on November 15,2001and CARB submitted them to us on December 6,2001. Criteria for Evaluation 

### Unpaved Vehicle/EquipmentTraffic Areas Agricultural Sources

Generally, SIPrules must be enforceable (seesection IlO(a).ofthe Act) and must not relax existing requirements (seesections 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 (theLittle Bluebook). 09116/04 09/16/04

We have also reviewed the submitted rules to determine whether the Best Available Control Measure (BACM)commitments in 

### the "2003San Joaquin Valley danto Attain

### Federal Standardsfor Particulate Matter 10Microns and Smaller"' (PM-10Plan) have been adopted into Regulation VIII 

### for purposes of fulfilling the SIP-approvedPM-10plan commitments. EPA approved the PM-10 Plan on May 26,2004 (69FR 30006).EPA's determination that the PM-10 Plan satisfies CAA section 189(b) requirements for BACM~ was, in 

### part, based upon SJVUAPCD's commitmentsto 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 commitmentscontained in 

### the PM-10 Plan.



# 'CARB submittedAmendments to this plan on December 30,2003.These Amendments supersede some portions of the 2003PM-10 Plan and also add to it. References to the "PM-10Plan" hereafter mean the 2003 Plan submitted on August 19, 2003, as amended by the December 30,2003submittal. As we explained in 

### our proposed approval of the PM-10 Plan, CAA section 189(a) 

### (1 )

### (C)requires implementation of RACM formoderate PM-10 nonattainment areas and that a serious area PM-10plan must also provide forthe implementation of RACM to the extent that the RACM requirement has not been satisfied in 

### the area'smoderate 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 GeneralPreamblefor the Im~lementation ofTitle

### I of the CleanAirActAmendments of l990,57FR 13498(April 16,1992) at 13540.This is because in 

### our serious area guidance -Addendum to the General Preamble for the Im~lementation ofTitle

### I of the CleanAirActAmendments of1990,59 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 "bestavailable," we have necessarily concluded that they are "reasonablyavailable"). 69 FR at 5417lfootnote 11.Accordingly, in 

### our evaluation and proposed approvalof Regulation VIII below, references to BACM are intended to include RACM.

### Evaluation of the submitted versions of Regulation VIII rules relative tothe 2003 PM-10 Plan Regulation VIII Commitments Thebullets below correspond with the order of bullets in the SanJoaquin Valley 2003PM-10 Plan Regulation VIII commitments as 

### they appear in Chapter 4, pages 4-31 through 4-38 (December2003submittal),which is 

### included in the docket associated with this proposed rulemaking. Each bullet indicatesthe section of the rule that containsthe requirement specified in the PM-10 Plan commitments. In addition,weprovide cross-referencesto a 

### table in theTechnical Support Document (TSD)associated with our approval of 

### the SanJoaquin Valley PM-10 plan3,also 

### included in the docket associated with this proposed rulemaking. Thetable 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 somecases, "NA" (NotApplicable) 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 andthe 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 23,2004submittal 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 

### 100feet of a 

### structure where debris may fall. 5.1.2 [#33 and #34] Require application of 

### water within 

### 1hour of demolition to erodible surfaces within 

### 100feet of 

### structure. a 

### 5.1.5 [#33] Require application of water ordust suppressants to areaswhere equipment will operate. 5.1.1 and 

### 5.1.3 [#32] F-



### "EPA's TSD for the SanJoaquinValley, California, 2003PM-10 Plan and

### 2003 PM-10 Plan Amendments," pgs. 20-28. -3-

### Require application of water or dust suppressantsto disturbed soils and debriswithin one hour afterdemolition is complete or at the end of each workday. 0 

### 5.1.1 [#34] 

### * except that section 5.1.1provides for wetting throughout the duration of razing and demolition activities.Section 5.1.1is more stringent than the PM-10 Plan commitmentwhich specifies compliance one hour after demolition or at the end of the work day. Construction Require Dust ControlTraining Class. 6.3.6.8 

### [#35] Limit on-sitevehicle speeds to 15mph. 0 

### 5.3.1 [#37] 

### * the rule's speed limitrequirementapplies to "uncontrolled unpaved access/haulroads on construction sites". The commitment in the PM-10 Plan does not limit this requirementto "uncontrolled" sources. Since section 5.2,Table 8021-1, B3 of Rule 8021requires controlsfor unpaved access/haulroads on construction sites, it is unclear under what circumstancesthe speed limit requirement in section 5.3.1 applies. However, EPA's BACM determinationrelies on the requirementthat unpaved haul/access roads be controlled by water or other dust suppressantsto meet the conditions of a stabilized surface and 20% opacity,which is more stringentthan a speed limit. Therefore,we do not considerthis PM-10 Plan commitment a necessary part of the BACM determination. Require speed limit signage at sites greater than 10acres. 0 

### 5.32 [#37] 

### * Ibid. Require Dust Control Plans for residential projects largerthan 10acres and for commercial projects larger than 

### 5 acres. 0 

### 6.3.1 [#20] Require notification to the District of any earthmovingoperationsbetween 

### 1and 10acres for residential construction projects, and 

### 1and 

### 5 acres forcommercial construction projects. 0 

### 6.4.1and 6.4.2 [#20] Cease construction activitiesthat disturb the soilwhen a wind event is declared. 

### (Awind event is defined as any day in which 1-minutewind 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 5.4.1states that construction activities are to cease whenever visible dust emissions (VDE)exceed20% opacity.Webelieve this requirement is equally ormore stringent than specifying a wind speed atwhich operations must cease because 20% opacity may beexceeded when wind speeds are less than 25mph. The adopted requirement requires construction sites to maintain compliance with 20% opacity under any meteorological conditions. Cease construction activities that disturb the soilwhen 20% opacity is exceeded dueto wind. 0 5.4.1 [#24] Require continued operation of water trucks when construction ceasesdueto wind, unless unsafe to doso. 0 5.4.2 [#24]

Rule 

### 8031 commitments 

# - Bulk Materials Limit anexemption to the storage of materials where the total amount of material stored is 

### 100cubic 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 

### 100cubicyard exemption forboth handling andstorage of bulk materials exists in the SIP-approved version ofRule 

### 8031,dated Nov 

### 15,2001. The commitment is to eliminate the 

### 100cubic yard exemption for handling of bulk materialsbut 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 storagepile and with less than 50%porosity. 5.0,Table 8031-1,

### B4 [NA] 

## * Rule 8031revises the term "enclosures"to "structures".Rule 801

### 1defines a three-sided structure as "abuilding with walls on three sideswith or without a roof'. Due to the specificationsthat 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 20vehicle trips per day with three or more axles. 5.2 and 5.8 [#619 Require trackout control devices to be a minimum of 25feetin length and full width of the unpaved road fwhereentry and exit roads are separated and clearly designated,control devicesare only required for the exit roads). 5.9.1 [#6 (footnote 

### 13)] Require paved interiorroads to be 100feet 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 8031did not previously contain text qualifying the exemption for open storagepiles as "where no material is actively being added or removed at the end of the workday or overnight and" (thatis less than 100cubic yards).Including this text allows enforcementofthe rule on open storage piles that are less than 100cubic yards which are being actively worked at the end of the workday or overnight. Rule 801

### 1defines an "enclosed structure" as a building with walls on all sides covered with a roof. :* The table in the TSD forour 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, 50feet long, and cover the full width of the unpaved road (including the turning radius where an unpaved road meets a paved public road)(whereentry 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 

### 10or more acres immediatelywhen it extends 

### 50 feet from the nearest exit point of a site. 0 5.5 

### [#6 and footnote 

### 14)]

Rule 

### 8051 commitments 

# - Open Areas Change applicability to 0.5 acres in urban areas, or 

### 3acres in non-urban areas, which contain disturbed surface areas of at least 

### 1,000square 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 specifiesthat 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 stringentas requiring measures immediately after cessation of disturbance since SJVUAPCD can cite a non-compliantopen 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 exceeds20% 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.
l2This 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 governmentswithin 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-footpaved 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 (measuresubject 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 techniqueswhich 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 againstwindblown dust.

l5

### This commitment addressesa detail within the context of weed abatement controls 

### (#44).

l6

### Section 5.2.4.1.4addresses budget constraintsby allowing agenciesto submit a statementof 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 atleast 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 24hours of identification of such conditions after a 

### wind orrain runoff event.18 0 

### 5.1.3.1 

### [#4] 

## * the rule specifiesthat this requirement applies where there are accumulations of mudtdirt 

### 1inch thick ormore over an area of 50square feet or more on road surface travel lanes. Also, asan alternative to the 24-hour compliance period, vehicles can be restricted from traveling over the mudtdirt accumulation until such time asthe material can be removed from the travel lanes. We believe the alternative of restricting traffic is acceptable asBACM because it prevents reentrainment of paved road dust emissions by vehicles. Section 5.1.3.3 allows extension of the 24-hourtimeframe 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 72hours dueto weekend orholiday conditions. This is based on commentsfrom 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 ,removalof 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 8011that encompasses wind, storm, orwater erosion and runoff.

l9 

### "Final Draft Staff Report", Appendix A, SJVUAPCD, Pg. 

### 13of March 12,2004 comment responses.
20 

### This commitment addresses a detail concerning PM-10 efficient shetsweepers, 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 speedsto 25 mph. rn [#I31 Require all new non-temporary roads in urban areasto be paved. rn 5.2.223 [#I11 Require existing unpaved roads in urban areasto 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 agenciesresponsible 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 roadswith 26 annualADT. EPA's BACM determination relies on the requirementthat unpaved roads be controlled by water or other dust suppressants to meet the conditionsof a stabilized surface and 20% opacity,which is more stringent than establishinga 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

### 1as unpaved roads in which vehicle access is limited to a period of six months or less during a 3-yearperiod and such roads must be stabilized according to the rules' test methods.
24 Specifically, this section requires paving on 20% ofurban unpaved roads annually up to a maximum of 

### 5cumulative miles. Section 5.2.3.1.5 allows agencies to submit a statementof 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 specifythat agencies must provide the District with a list of all unpaved roads under theirjurisdiction 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 150vehicle trips per day or require specific controls for sourcesthat exceed the 150vehicle 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 1,000or 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 establishesa 25 or more vehicle tripslday applicability threshold, and thus is marginally more stringentthan 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 implementsof husbandry. Rather, it exempts "equipmentwith loading forks employed in the act of loading or unloading harvested commodities in the harvest location and traveling at 

### 3miles per hour or less" from vehicle trip counts.The District's submittal indicates that the intention of this exemption is to exempt slow-movingforklifts used to carry commodity containersfrom the field to the paved road for further loading onto a truck or trailer (Appendix

### A, "Responsesto Written Commentsfrom 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 

### 3miles 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 50trips for unpaved vehiclelequipmenttraffic 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 vehiclelequiprnenttraffic areas of 150 vehicle trips per day or require specific controls to prevent VDE and provide a stabilized surface for sources that exceed the 150vehicle trip per day threshold limit on at least 30 days per year. 0 5.3.2 

### [#I81 Limit an exemptionto the storage of materials where the total amount of material stored is 100cubic yards or less (specifically, section 4.6).31 0 4.6 

### [#39]

30 This commitmentis 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" (thatis less than 100cubic yards). Including this text allows enforcement of the rule on open storagepiles that are less than 100 cubic yards which are being actively worked at the end ofthe workday or overnight.

### Eliminatethe existing one-acreexemption 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 trackoutfrom 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 agriculturalsource carryout and trackout. In the submitted Rule 8081, this exemption has been eliminated. Add the existing California Vehicle Code Regulations sections 23112-231

### 13requiring trackout cleanup to section 5.2 5.4 [#41] 

### * This commitment has been met in section 5.4as opposed to 5.2. Require wind barriers to have less than 50% porosity Table 8081-1,A2 

### and B3 [NA] *this commitmentmirrors that of Rule 8031. See the Rule 8031discussion. Add an additional option to Table 8081-1to allow 3-sided enclosures that are at least as high as the storagepile and with less than 50%porosity Table 8081-1,B4 [NA] *thiscommitmentmirrors that of Rule 8031. See the Rule 8031 discussion.

32 

### This commitment is a detail associatedwith #18. 

### -13-Evaluation of the submitted versions of Regulation 

### VIII rules with respect to 1lO(a) CAA requirements In reviewing the submitted revisions relevant to the 2003PM-10 Plan commitments, the modifications adequately meet our enforceability criteria in that they reference applicable standards and test methods where necessary, add adequate specificityto the commitments in the Plan where necessary to ensure rule clarity and enforceability, and donot 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 8011

# - General Requirements (e.g., definitions, test methods) clarifying the dateby which the amendmentstake effect (October 

### 1,2004)34 revising the definition of "modified road" to exclude "pavement orroadbed 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 aregenerated by wind action alone" adding a definition for "workday" as "...any period of hours orshift 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 trafficexceeds "the number of annual average daily vehicle trips


### ... as specified in Rules 8061, 8071and 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. 

### 10of March 12,2004comment responses).of 

### 7536 These modifications constitute rule clarificationsor 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 clarifyingthat sources must comply with the conditions for a stabilized surface area when applicable adding "depositing or relocating" to activitiesthat trigger Dust Control Plan requirements 0 addingthat "construction activities shall not commence until the APCO has approved or conditionallyapproved the Dust Control Plan" clarifying that Dust Control Plans are required for both residential and non-residential activities 0 establishinga 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 ownerJoperatorwithin 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 approveDust Control Plans and automatic approval if the District does not provide comments. We believe by includingthis provision, the District is acknowledgingthat 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 constructionprojects. 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 addingthe following qualifierto the exemption for outdoor bulk material storage piles

36 This revision does not alter the stringencyof the provision, but acknowledges that there are multiple vehicle trip thresholds in the various rules.less than 100cubic yards: "where no material is actively being added orremoved at the end of the workday or overnight" This modification strengthens the rule.
Rule 

### 8041

# - Carryout andTrackout clarifying that the rule applies "...where carryout ortrackout has occurred or may occur on paved public roads orthe paved shoulders of a paved public road" clarifying that all ownersJoperators shall remove all visible carryout and trackout at the end of each workday (inaddition to more restrictiverequirements as applicable) including an option to clean up carryout and trackout by flushing with water if curbs and gutter are notpresent and where the use of water will not result asa source of trackout material orviolate 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 asachieving an equivalent orgreater 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 clarificationsor strengthenings with two exceptions: the option to clean up carryout and trackout by flushingwith water and the option for an alternative carryout and trackout prevention procedure demonstrated to the APCO and U.S. EPA asachieving equivalent orgreater control. We believe these two provisions are written in such a way asto ensure a control level at least equivalentto 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 

### 8051

# - OpenAreas eliminating duplicative referencesto the rule's 20% opacity standard This modification does not affect the stringency of the rule asthe rule still contains a 20% opacity requirement. *,

### Rule 

### 8061

# - Paved and Unpaved Roads clarifyingthatthe exemption for unpaved road segments with less than 26annual 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 upto a maximum of 

### 5 cumulative miles clarifyingunder "exemptions" that maintenance andresurfacing of existing paved roads does not apply to section 5.2 (unpavedroad requirements) clarifyingthat the Rule 

### 8011exemption for emergency activities performed to ensure public health and safety specificallyapplies to sources subject to Rule 

### 8061 exempting equipment used to remove debrisbeyond the capabilities of PM-10 efficient street sweepers adding the "limit of right-of-way" as an alternative to minimum paved orstabilized shoulder width requirements of 

### 4 or 

### 8feet revising text exempting "new paved road construction ormodifications 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 accordancewith 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 referenceto recordkeeping requirements in sections 5.2.3and 5.2.4 of Rule 

### 801 1 revising the dates by which agencies must provide written reports documenting compliance with the rule from 2001and 2002to 2003and 2004 (reportsare also dueeach 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 Therule also requires compliance with 20% opacity and surface stabilization according to defined test methods.These modifications constitute rule clarificationsor 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-footdistance 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 roadsto specify chemicaVorganic dust stabilizers/suppressantsmust 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 clarificationsor 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 atwhich 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 75vehicle trips for that day does not apply to unpaved road segments subjectto Rule 

### 4550 (ConservationManagement Practices)

38 Therule also requires compliance with 20% opacity and surface stabilization according to defined test methods.
", 39 Note: the samecontrol measure requirements (e.g.,apply water, washed gravel, chemicaVorganic stabilizer, etc..

### . ) apply to unpaved vehicleltrafficareas in which vehicles remain exclusively within the parking area.revising the existing control measure option for bulk material storage piles concerning construction of fences orwind barriers - in lieu of requiring that open storage piles be covered where fences orwind barriers are constructed, the rule requires application of water orchemicaVorganic stabilizers/suppressantssufficientto 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 specifythat 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, asopposed 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 describingthe alternative compliance option for a fugitive PM-10 management plan for unpaved roads and unpaved vehiclelequipment traffic areasto indicate that the plan must be implemented on all days traffic exceeds "the number of annual average daily vehicle trips


### ... asspecified in sections 5.2.2, 5.3.1, and 5.3.2 of this rule" in lieu of 7540 These modifications constitute rule clarificationsor strengthening with two exceptions: the revision concerning fencelwind barrier controls-foropen 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 orwind 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 chemicaVorganicdust suppressantsbe applied to piles. We have already addressed the revision allowing compliance with only the 20% opacity test where vehicles remain exclusivelywithin an unpaved parking aredlot in our discussion of Rule 8071revisions. D

40 This revision does not alter the stringency of the provision, but acknowledgesthat there are multiple vehicle trip thresholds in the rule.Recommended Action We recommend approval of Rules 8011,802 1,803 1,8041,805 1,806 1,807 1and 8081per 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 specifyingthat "the District may require modificationsto an owner/operator'sDust Control Plan upon determining that one or more standardsor requirements has been exceeded.The owner/operator shall make written revisions to the Dust Control Plan and submitsuch 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 "stabilizedunpaved vehicle/equipmentparking or traffic area" and modify citations as applicable in Regulation VIII rules to avoid confusion in references to "the conditionsof 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 standardsfor open storagepiles in Tables 8031-1and 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/unloadingor trenching with backhoes,that requires two observationsper discrete activity (beginningwith 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 extentthat Regulation VIII adopted requirements have been modified relative to SJVUAPCD commitments EPA approved in the San Joaquin Valley's 2003 PM-10 Plan.