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RULE 8061 PAVED AND UNPAVED ROADS (Adopted November 15, 2001; Amended 

August 19, 2004)

1.0 Purpose 

The purpose of this rule is to limit fugitive dust emissions from paved and unpaved 

roads by implementing control measures and design criteria. 

2.0 Applicability 

This rule applies to any new or existing public or private paved or unpaved road, road 

construction project, or road modification project. The provisions of this rule adopted 

on November 15, 2001 shall remain in effect until October 1, 2004 at which time the 

amendments adopted on August 19, 2004 shall take effect. 

3.0 Definitions 

The definitions of terms in Rule 8011 (General Requirements) shall apply to this rule. 

4.0 Exemptions 

In addition to the exemptions established in Rule 8011, the following exemptions are 

established for this Rule: 

4.1 Any unpaved road segment with less than 26 annual average daily vehicle trips 

(AADT). 

4.1.1 This exemption shall not apply to Section 5.2.3 of this rule. 

4.1.2 An owner/operator of any unpaved road segment with 26 or more 

AADT must provide estimated or actual vehicle trip data to the APCO 

by July 1, 2005. 

4.2 Maintenance and resurfacing of existing paved roads does not apply to section 

5.2 of this rule. 

 

4.3 Agricultural sources subject to, or specifically exempt from, Rule 8081 

(Agricultural Sources) 

4.4 Emergency activities performed to ensure public health and safety as specified 

in Rule 8011, section 4.1. 

4.5 Equipment used to remove debris beyond the capabilities of PM10-efficient 

street sweepers. 
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5.0 Requirements 

In addition to the requirements of this rule, a person shall comply with all other 

applicable requirements of Regulation VIII. 

5.1 Paved Roads 

5.1.1 New or Modified Paved Roads: 

5.1.1.1 An owner/operator having jurisdiction over, or ownership of, 

public or private paved roads shall construct, or require to be 

constructed, all new or modified paved roads in conformance 

with the American Association of State Highway and 

Transportation Officials (AASHTO) guidelines for width of 

shoulders and for median shoulders as specified in section 

5.1.1.2 of this rule as specified below: 

5.1.1.1.1 New paved roads or modifications to existing paved 

roads with projected annual average daily vehicle 

trips of 500 vehicles or more shall be constructed 

with paved shoulders that meet following widths: 

Annual Average Daily 

Vehicle Trips (AADT) 

Minimum Paved or Stabilized 

Shoulder Width 

500-3000 4 feet or limit of right-ofway, whichever is the lesser 

Greater than 3000 8 feet or limit of right-ofway, whichever is the lesser 

5.1.1.1.2 A curbing adjacent to and contiguous with the travel 

lane or paved shoulder of a road may be constructed, 

in lieu of meeting the paved shoulder width standard 

in Section 5.1.1.1.1 

5.1.1.1.3 Intersections, auxiliary entry lanes, and auxiliary 

exit lanes may be constructed adjacent to and 

contiguous with the roadway, in lieu of meeting the 

paved shoulder width standard in Section 5.1.1.1.1 

5.1.1.1.4 Where the requirements specified in Section 

5.1.1.1.1 are shown to conflict with the 

requirements of the California Environmental 
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Quality Act (CEQA) and National Environmental 

Policy Act (NEPA) with respect to determinations 

regarding environmental, cultural, archaeological, 

historical, or other considerations addressed in such 

documents, an owner/operator is exempt from the 

paved shoulder width requirements specified in 

Section 5.1.1.1.1 of this rule. 

5.1.1.2 Whenever any paved road which has projected annual average 

daily vehicle trips of 500 or more is constructed, or modified 

with medians, the 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 

adjacent to the traffic lanes unless: 

5.1.1.2.1 The medians of roads having speed limits set at or 

below 45 miles per hour are constructed with 

curbing; or 

5.1.1.2.2 The medians are landscaped and maintained with 

grass or other vegetative ground cover or 

chemical/organic dust suppressants/stabilizers to 

comply with the definition of stabilized surface in 

Rule 8011. 

5.1.2 PM10-Efficient Street Sweepers: 

Each city, county, or state agency with primary responsibility for any 

existing paved road within an urban area shall take the following actions: 

5.1.2.1 Effective July 1, 2005, all purchases of street sweeper equipment 

by such agency or their contractor(s) shall be only PM10-

efficient street sweepers. 

5.1.2.2 The utilization of PM10-efficient street sweepers by an agency or 

its contractor(s) shall be prioritized for use on routine street 

sweeper route(s) with paved curbs which have been determined 

by an agency to have the greatest actual or potential for dirt and 

silt loadings. 

5.1.2.3 Any agency which conducts or contracts for routine street 

sweeping activities or services shall purchase, or require their 

contractor(s) to purchase and place into service, at least one 

PM10-efficient street sweeper not later than July 1, 2008. 
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5.1.2.4 Any street sweeping routes with paved curbs covered by PM10-

efficient street sweepers pursuant to Section 5.1.2.2 shall 

conduct routine street sweeping operations over such routes at a 

frequency of not less than once per month. 

5.1.2.5 All PM10-efficient street sweepers shall be operated and 

maintained according to manufacturer specifications. 

5.1.2.6 If the provisions of Sections 5.1.2.1 or 5.1.2.3 cannot be met 

due to budgetary constraints, the agency may submit a statement 

of financial hardship to, and approved by, the APCO and US 

EPA. 

5.1.3 Post-Event Clean-Up 

Each city, county, or state agency with primary responsibility for any 

existing paved road shall take the following actions upon discovery by 

the city, county or state agency of accumulations of mud/dirt [event 

material] of at least 1 inch thickness over an area of at least 50 square 

feet on road surface travel lanes as a result of wind/storm/water erosion 

and runoff: 

5.1.3.1 Within 24 hours of discovery by the city, county or state agency 

of such condition, remove the mud/dirt from the travel lanes or 

restrict vehicles from traveling over said mud/dirt until such time 

as the material can be removed from the travel lanes. 

5.1.3.2 Follow dust minimizing practices during the removal of such 

mud/dirt from the travel lanes. 

5.1.3.3 In the event unsafe travel conditions would result from restricting 

vehicle traffic pursuant to Section 5.1.3.1, and removal of such 

material is not possible within 72 hours due to weekend or 

holiday conditions, the provisions of Section 5.1.3.1 can be 

extended upon notification to and approval by the APCO. 

5.1.3.4 As soon a practicable, removal of mud/dirt from paved shoulders 

should also occur through the use of dust minimizing practices. 

5.2 Unpaved Road Segment 

5.2.1. On any unpaved road segment with 26 or more AADT, the 

owner/operator shall limit VDE to 20% opacity and comply with the 
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requirements of a stabilized unpaved road by application and/or reapplication/maintenance of at least one of the following control 

measures, or shall implement an APCO-approved Fugitive PM10 

Management Plan as specified in Rule 8011 (General Requirements): 

5.2.1.1 Watering; 

5.2.1.2 Uniform layer of washed gravel; 

5.2.1.3 Chemical/organic dust stabilizers/suppressants in accordance 

with the manufacturer’s specifications; 

5.2.1.4 Roadmix; 

5.2.1.5 Paving; 

5.2.1.6 Any other method that can be demonstrated to the satisfaction 

of the APCO that effectively limits VDE to 20% opacity and 

meets the conditions of a stabilized unpaved road. 

5.2.2 Within an urban area, the construction of any new unpaved road is 

prohibited unless the road meets the definition of a temporary unpaved 

road as specified in section 3.60 of Rule 8011. 

5.2.3 Requirements for Existing Unpaved Public Roads in Urban and Rural 

Areas: 

5.2.3.1 Each city, county, or state agency with primary responsibility 

for any existing unpaved road within urban and rural areas shall 

take the following actions: 

5.2.3.1.1 By January 1, 2005 provide the District with a list of 

all unpaved roads under its jurisdiction in any urban 

area(s), including data on length of, and AADT on, 

each unpaved road segment. 

5.2.3.1.2 By July 1, 2005 provide the District with a list of all 

unpaved roads under its jurisdiction in any rural area, 

including data on length of, and AADT on, each 

unpaved road segment. 

5.2.3.1.3 By January 1, 2010, pave an average of 20% annually 

of all unpaved roads identified in Section 5.2.3.1.1 up 

to a maximum of 5 cumulative miles within any one 
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urban area, with priority given to roads with the 

highest AADT levels. In meeting this requirement, 

each jurisdiction must show incremental progress. 

5.2.3.1.4 By April 1 of each year, 2006 through 2010, submit to 

the District the total number of unpaved road miles 

which were paved during the previous calendar year, 

and the percentage of cumulative miles paved relative 

to the list provided pursuant to Section 5.2.3.1.1. 

5.2.3.1.5 If the provisions of Section 5.2.3.1.3 cannot be met 

due to budgetary constraints, the agency may submit a 

statement of financial hardship to, and approved by, 

the APCO and US EPA. 

5.2.4 Requirements for Existing Paved Public Roads with Unpaved Shoulders 

in Urban and Rural Areas: 

5.2.4.1 Each city, county, or state agency with primary responsibility 

for any existing paved public road with unpaved shoulders in 

urban and rural areas shall take the following actions: 

5.2.4.1.1 By January 1, 2005 provide the District with a list of 

all paved public roads with unpaved shoulders in any 

urban and rural area, including data on length of, and 

AADT on, each segment of paved public road with 

unpaved shoulders. 

5.2.4.1.2 In Urban areas, by January 1, 2010, pave or stabilize 

4-foot shoulders on 50% of existing paved public 

roads with the highest AADT in urban areas identified 

in Section 5.2.4.1.1. In meeting this requirement, each 

jurisdiction must show incremental progress. 

5.2.4.1.3 In Rural areas, by January 1, 2010, pave or stabilize 

4-foot shoulders on 25% of existing paved public 

roads with the highest AADT in rural areas identified 

in Section 5.2.4.1.1. In meeting this requirement, each 

jurisdiction must show incremental progress. 

5.2.4.1.4 If the provisions of Sections 5.2.4.1.2 or 5.2.4.1.3 

cannot be met due to budgetary constraints, the agency 

may submit a statement of financial hardship to, and 

approved by, the APCO and US EPA. 
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5.2.5 Requirements for Establishing and Posting Maximum Speed Limits on 

Unpaved Roads 

Each owner/operator shall establish a maximum speed limit of 25 mph 

on each unpaved road with 26 AADT or more and shall post speed limit 

signs, one in each direction, per mile of road segment in urban areas, 

and per two miles of road segment in rural areas. This provision shall 

become effective one year from the date of adoption of this rule 

amendment. 

6.0 Administrative Requirements 

6.1 Test Methods 

The applicable test methods specified in Rule 8011 shall be used to determine 

compliance with this rule. 

6.2 Recordkeeping and Reporting 

In addition to complying with the recordkeeping requirements specified in Rule 

8011 and Sections 5.2.3 and 5.2.4 of this rule, city, county and state agencies 

responsible for the maintenance and operation of public paved and unpaved 

roads, shall prepare and submit a written report to the District documenting 

compliance with the provisions of this rule. This report shall be prepared for 

the years 2003 and 2004, and no less frequently than each two (2) year period 

thereafter. The reports shall be transmitted to the District no later than 90 days 

after the end of the calendar year and shall include: 

6.2.1 The total miles of paved and unpaved roads under the jurisdiction of the 

owner or agency and the miles of roads constructed or modified during 

the reporting period subject to the requirements of this regulation. 

6.2.2 For newly constructed or modified roads, a summary of actions taken 

during the reporting period to prevent or mitigate PM10 emissions, with 

miles specified for each type of control measure used to reduce PM10 

emissions. 

6.2.3 For all roads under the agency’s jurisdiction, a summary of actions taken 

to reduce PM10 emissions from roads during the reporting period. The 

total miles of roads for which these procedures were enforced and the 

estimated traffic volume on the affected roads shall be provided. 
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6.2.4 Other information that may be needed by the APCO for compliance with 

the United States Environmental Protection Agency’s requirements.