310.01–1

REGULATION III – CONTROL OF AIR CONTAMINANTS

RULE 310.01

FUGITIVE DUST FROM NON-TRADITIONAL SOURCES OF FUGITIVE DUST

INDEX

SECTION 100 – GENERAL

101 PURPOSE

102 APPLICABILITY

103 EXEMPTIONS

SECTION 200 – DEFINITIONS

201 ANIMAL WASTE

202 AREA A

203 AREA ACCESSIBLE TO THE PUBLIC

204 BULK MATERIAL

205 CHEMICAL/ORGANIC STABILIZER

206 CONTROL MEASURE

207 DISTURBED SURFACE AREA

208 DUST-GENERATING OPERATION

209 DUST SUPPRESSANT

210 EMERGENCY

211 EMERGENCY ACTIVITY

212 FEED LANE ACCESS AREAS

213 FUGITIVE DUST

214 GRAVEL PAD

215 GRIZZLY

216 LIVESTOCK ACTIVITIES

217 MOTOR VEHICLE

218 NON-TRADITIONAL SOURCE OF FUGITIVE DUST

219 NORMAL FARM CULTURAL PRACTICE

220 OFF-ROAD VEHICLE

221 OPEN AREAS AND VACANT LOTS

222 OWNER AND/OR OPERATOR
310.01–2

223 PAVE

224 PM10

225 PROPERTY LINE

NONATTAINMENT AREA

226 PUBLIC ROADWAYS

227 TRACKOUT/CARRYOUT

228 TRACKOUT CONTROL DEVICE

229 UNPAVED ACCESS CONNECTIONS

230 UNPAVED PARKING LOT

231 UNPAVED ROADWAY (INCLUDING ALLEYS)

232 VACANT LOT

SECTION 300 – STANDARDS

301 GENERAL REQUIREMENTS FOR NON-TRADITIONAL SOURCES OF 

FUGITIVE DUST

302 CONTROL MEASURES FOR NON-TRADITIONAL SOURCES OF 

FUGITIVE DUST

SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500 – MONITORING AND RECORDS

501 COMPLIANCE DETERMINATION

502 RECORDKEEPING

503 RECORDS RETENTION
310.01–3

Adopted 06/16/99

Revised 02/16/00

Revised 02/17/05

Revised 03/26/08

Revised 01/27/10

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION III – CONTROL OF AIR CONTAMINANTS

RULE 310.01

FUGITIVE DUST FROM NON-TRADITIONAL SOURCES OF FUGITIVE DUST

SECTION 100 – GENERAL

101 PURPOSE: To minimize the amount of fugitive dust entrained into the ambient air from 

non-traditional sources of fugitive dust by requiring measures to prevent, reduce, or 

mitigate fugitive dust emissions.

102 APPLICABILITY:

102.1 The provisions of this rule shall apply to non-traditional sources of fugitive dust 

that are conducted in Maricopa County, except for those dust-generating

operations listed in Section 103 of this rule.

102.2 The provisions of this rule shall apply to any open area or vacant lot that is not 

defined as agricultural land and is not used for agricultural purposes according to 

Arizona Revised Statutes (A.R.S.) § 42-12151 and A.R.S. § 42-12152.

103 EXEMPTIONS:

103.1 The provisions of this rule shall not apply to normal farm cultural practices 

according to A.R.S. § 49-457 and A.R.S. § 49-504.4.

103.2 The provisions of this rule shall not apply to dust-generating operations that are 

subject to the standards and/or requirements described in Rule 310: Fugitive Dust 

from Dust-Generating Operations of these rules.

103.3 The provisions of this rule shall not apply to emergency activities that may disturb 

the soil conducted by any utility or government agency in order to prevent public 

injury or to restore critical utilities to functional status.

103.4 The provisions of this rule do not apply to the establishment of initial landscapes 

without the use of mechanized equipment, conducting landscape maintenance 

without the use of mechanized equipment, and playing on or maintaining a field 

used for non-motorized sports. However, establishing initial landscapes without 
310.01–4

the use of mechanized equipment and conducting landscape maintenance without 

the use of mechanized equipment shall not include grading, or trenching, 

performed to establish initial landscapes or to redesign existing landscapes.

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

in addition to those definitions found in Rule 100: General Provisions and Definitions of these 

rules. In the event of any inconsistency between any of the Maricopa County air pollution control 

rules, the definitions in this rule take precedence.

201 ANIMAL WASTE – Any animal excretions and mixtures containing animal excretions.

202 AREA A – As defined in A.R.S. § 49-541(1), the area in Maricopa County delineated as 

follows:

Township 8 North, Range 2 East and Range 3 East

Township 7 North, Range 2 West through Range 5 East

Township 6 North, Range 5 West through Range 6 East

Township 5 North, Range 5 West through Range 7 East

Township 4 North, Range 5 West through Range 8 East

Township 3 North, Range 5 West through Range 8 East

Township 2 North, Range 5 West through Range 8 East

Township 1 North, Range 5 West through Range 7 East

Township 1 South, Range 5 West through Range 7 East

Township 2 South, Range 5 West through Range 7 East

Township 3 South, Range 5 West through Range 1 East

Township 4 South, Range 5 West through Range 1 East

203 AREA ACCESSIBLE TO THE PUBLIC – Any paved parking lot or paved roadway 

that can be entered or used for public travel primarily for purposes unrelated to the dustgenerating operation.

204 BULK MATERIAL – Any material, including, but not limited to, the following 

materials that are capable of producing fugitive dust:

204.1 Earth.

204.2 Rock.

204.3 Silt.

204.4 Sediment.

204.5 Sand.

204.6 Gravel.

204.7 Soil.

204.8 Fill.

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

[ABC]).

204.10 Dirt.

204.11 Mud.
310.01–5

204.12 Demolition debris.

204.13 Cotton.

204.14 Trash.

204.15 Cinders.

204.16 Pumice.

204.17 Saw dust.

204.18 Feeds.

204.19 Grains.

204.20 Fertilizers.

204.21 Fluff from shredders.

204.22 Dry concrete.

205 CHEMICAL/ORGANIC STABILIZER – Any non-toxic chemical or organic dust 

suppressant, other than water, which meets any specifications, criteria, or tests required 

by any federal, state, or local water agency and is not prohibited for use by any applicable 

law, rule, or regulation.

206 CONTROL MEASURE – A technique, practice, or procedure used to prevent or 

minimize the generation, emission, entrainment, suspension, and/or airborne transport of 

fugitive dust.

207 DISTURBED SURFACE AREA – A portion of the earth's surface or material placed on 

the earth’s surface that has been physically moved, uncovered, destabilized, or otherwise 

modified from its undisturbed native condition if the potential for the emission of fugitive 

dust is increased by the movement, destabilization, or modification.

208 DUST-GENERATING OPERATION – Any activity capable of generating fugitive 

dust, including but not limited to, the following activities:

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

208.2 Earthmoving.

208.3 Weed abatement by discing or blading.

208.4 Excavating.

208.5 Construction.

208.6 Demolition.

208.7 Bulk material handling (e.g., bulk material hauling and/or transporting, bulk 

material stacking, loading, and unloading operations).

208.8 Storage and/or transporting operations (e.g., open storage piles).

208.9 Operation of any outdoor equipment.

208.10 Operation of motorized machinery.

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

access routes to and from a site.

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

208.13 Disturbed surface areas associated with a site.

208.14 Installing initial landscapes using mechanized equipment.
310.01–6

209 DUST SUPPRESSANT – Water, hygroscopic material, solution of water and chemical 

surfactant, foam, non-toxic chemical stabilizer, or any other dust palliative, which is not 

prohibited for ground surface application by the Environmental Protection Agency (EPA) 

or the Arizona Department of Environmental Quality (ADEQ), or any applicable law, 

rule, or regulation, as a treatment material for reducing fugitive dust emissions.

210 EMERGENCY – A situation arising from sudden and reasonably unforeseeable events 

beyond the control of the source, including acts of God, which situation requires 

immediate corrective action to restore normal operation, and that causes the source to 

exceed a limitation in this rule, due to unavoidable increases in emissions attributable to 

the emergency. An emergency shall not include any noncompliance due to improperly 

designed equipment, lack of preventative maintenance, careless or improper operation, or 

operator error.

211 EMERGENCY ACTIVITY – Repairs that are a result of an emergency which prevents 

or hinders the provision of electricity, the distribution/collection of water, and the 

availability of other utilities due to unforeseen circumstances that are beyond the routine 

maintenance and repair due to normal wear conducted by a utility or municipality.

212 FEED LANE ACCESS AREAS – Roads providing access from the feed preparation 

areas to and including feed lane areas at a livestock activity. These access roads are 

typically used to distribute feed from feed trucks to the animals.

213 FUGITIVE DUST – The particulate matter not collected by a capture system, that is 

entrained in the ambient air and is caused from human and/or natural activities, such as, 

but not limited to, movement of soil, vehicles, equipment, blasting, and wind. For the 

purpose of this rule, fugitive dust does not include particulate matter emitted directly 

from the exhaust of motor vehicles and other internal combustion engines, from portable 

brazing, soldering, or welding equipment, and from piledrivers, and does not include 

emissions from process and combustion sources that are subject to other rules in 

Regulation III (Control of Air Contaminants) of these rules.

214 GRAVEL PAD – A layer of washed gravel, rock, or crushed rock that is at least one 

inch or larger in diameter, that is maintained at the point of intersection of an area 

accessible to the public and a site exit to dislodge mud, dirt, and/or debris from the tires 

of motor vehicles, prior to leaving the site. Minimum dimensions must be 30 feet wide by 

3 inches deep and 50 feet long or the length of the longest motor vehicle, whichever is 

greater. If an unpaved surface exit does not have adequate width to install a 30-foot wide 

gravel pad, then the width of the gravel pad must cover the full width of the unpaved 

surface exit and such shorter width shall be adequate to prevent trackout.

215 GRIZZLY – A device (i.e., rails, pipes, or grates) used to dislodge mud, dirt, and/or 

debris from the tires and undercarriage of motor vehicles prior to leaving the work site.

216 LIVESTOCK ACTIVITIES – Any activity directly related to feeding animals, 

displaying animals, racing animals, exercising animals, and/or for any other such activity
310.01–7

including, but not limited to, livestock arenas, horse arenas, feed lots, and residential 

activities related to feeding or raising animals.

217 MOTOR VEHICLE – A self-propelled vehicle for use on the public roads and 

highways of the State of Arizona and required to be registered under the Arizona State 

Uniform Motor Vehicle Act, including any non-motorized attachments, such as but not 

limited to, trailers or other conveyances which are connected to or propelled by the actual 

motorized portion of the vehicle.

218 NON-TRADITIONAL SOURCE OF FUGITIVE DUST – A source of fugitive dust 

that is located at a source that does not require any permit under these rules. The 

following non-traditional sources of fugitive dust are subject to the standards and/or 

requirements described in Rule 310.01: Fugitive Dust from Non-Traditional Sources of

Fugitive Dust of these rules:

218.1 Vehicle use in open areas and vacant lots.

218.2 Open areas and vacant lots.

218.3 Unpaved parking lots.

218.4 Unpaved roadways (including alleys).

218.5 Livestock activities.

218.6 Erosion-caused deposition of bulk materials onto paved surfaces.

218.7 Easements, rights-of-way, and access roads for utilities (electricity, natural gas, 

oil, water, and gas transmission).

219 NORMAL FARM CULTURAL PRACTICE – All activities by the owner, lessee, 

agent, independent contractor, and/or supplier conducted on any facility for the 

production of crops and/or nursery plants. Disturbances of the field surface caused by 

turning under stalks, tilling, leveling, planting, fertilizing, or harvesting are included in 

this definition.

220 OFF-ROAD VEHICLE – Any self-propelled conveyance specifically designed for offroad use, including, but not limited to, off-road or all-terrain equipment, trucks, cars, 

motorcycles, motorbikes, or motorbuggies.

221 OPEN AREAS AND VACANT LOTS – Any of the following described in Sections

221.1 through 221.3 of this rule. For the purpose of this rule, vacant portions of 

residential or commercial lots that are immediately adjacent and owned and/or operated 

by the same individual or entity are considered one vacant open area or vacant lot.

221.1 An unsubdivided or undeveloped tract of land adjoining a developed or a partially 

developed residential, industrial, institutional, governmental, or commercial area.

221.2 A subdivided residential, industrial, institutional, governmental, or commercial lot 

that contains no approved or permitted buildings or structures of a temporary or 

permanent nature.
310.01–8

221.3 A partially developed residential, industrial, institutional, governmental, or 

commercial lot.

222 OWNER AND/OR OPERATOR – Any person who owns, leases, operates, controls, or 

supervises a fugitive dust source subject to the requirements of this rule.

223 PAVE – To apply and maintain asphalt, concrete, or other similar material to a roadway 

surface (i.e., asphaltic concrete, concrete pavement, chip seal, or rubberized asphalt).

224 PM10 NONATTAINMENT AREA – An area designated by the EPA as exceeding 

National Ambient Air Quality Standards based upon data collected through air quality 

monitoring. The geographical boundary of Maricopa County's PM10 nonattainment area 

is defined as the rectangle determined by and including the following townships and 

ranges: T6N, R3W; T6N, R7E; T2S, R3W; T2S, R7E; and T1N, R8E. Maricopa County's 

PM10 nonattainment area includes the following cities: Surprise, Peoria, Glendale, 

Phoenix, Scottsdale, Tempe, Mesa, Gilbert, Chandler, Avondale, Buckeye, and 

Goodyear.

225 PROPERTY LINE – The boundaries of an area in which either a person causing the 

emission or a person allowing the emission has the legal use or possession of the 

property. Where such property is divided into one or more sub-tenancies, the property 

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

226 PUBLIC ROADWAYS – Any roadways that are open to public travel.

227 TRACKOUT/CARRYOUT – Any and all bulk materials that adhere to and 

agglomerate on the surfaces of motor vehicles, haul trucks, and/or equipment (including 

tires) and that have fallen or been deposited onto an area accessible to the public.

228 TRACKOUT CONTROL DEVICE – A gravel pad, grizzly, wheel wash system, or a 

paved area, located at the point of intersection of an unpaved area and an area accessible 

to the public that controls or prevents vehicular trackout.

229 UNPAVED ACCESS CONNECTIONS – Any unpaved road connection with a paved 

public road.

230 UNPAVED PARKING LOT – Any area that is not paved and that is used for parking, 

maneuvering, material handling, or storing motor vehicles and equipment. An unpaved 

parking lot includes, but is not limited to, automobile impound yards, wrecking yards, 

automobile dismantling yards, salvage yards, material handling yards, and storage yards. 

For the purpose of this rule, maneuvering shall not include military maneuvers or 

exercises conducted on federal facilities.

231 UNPAVED ROADWAY (INCLUDING ALLEYS) – A road that is not paved and that 

is owned by federal, state, county, municipal, or other governmental or quasigovernmental agencies. For the purpose of this rule, an unpaved roadway (including 
310.01–9

alleys) is not a horse trail, hiking path, bicycle path, or other similar path used exclusively 

for purposes other than travel by motor vehicles. An unpaved roadway (including alleys) 

includes designated or opened trail systems and service roads regardless of surface 

composition.

232 VACANT LOT – The definition of vacant lot is included in Section 221: Definition of

Open Areas and Vacant Lots of this rule.

SECTION 300 – STANDARDS

301 GENERAL REQUIREMENTS FOR NON-TRADITIONAL SOURCES OF 

FUGITIVE DUST:

301.1 An owner and/or operator of a non-traditional source of fugitive dust shall be

subject to the standards and/or requirements described in this rule. Failure to 

comply with any such standards and/or requirements is deemed a violation of this 

rule.

301.2 When an owner and/or operator of a non-traditional source of fugitive dust fails to 

stabilize disturbed surfaces of vacant lots as required in Sections 302.4 and 302.5 

of this rule, the Control Officer shall commence enforcement of those rule 

provisions regarding the stabilization of disturbed surfaces of vacant lots that 

include the following:

a. Reasonable written notice to the owner or the owner’s authorized agent or the 

owner’s statutory agent that the unpaved disturbed surface of a vacant lot is 

required to be stabilized. The notice shall be given not less than 30 days 

before the day set for compliance and shall include a legal description of the 

property and the estimated cost to the county for the stabilization if the owner 

does not comply. The notice shall be either personally served or mailed by 

certified mail to the owner’s statutory agent, to the owner at the owner’s last 

known address or to the address to which the tax bill for the property was last 

mailed.

b. Authority to enter upon any said land/property where such non-traditional 

source of fugitive dust exists/where such disturbed surface area exists and to 

take remedial and/or corrective action as may be deemed appropriate to cope 

with and relieve, reduce, remedy, and/or stabilize such non-traditional source 

of fugitive dust/such disturbed surface area. Any cost incurred in connection 

with any such remedial or corrective action by the Maricopa County Air 

Quality Department or any person acting for the Maricopa County Air Quality 

Department shall be reimbursed by the owner and/or operator of such nontraditional source of fugitive dust.

302 CONTROL MEASURES FOR NON-TRADITIONAL SOURCES OF FUGITIVE 

DUST:
310.01–10

302.1 When engaged in the activities described in Sections 302.4 through 302.10 of this 

rule, the owner and/or operator of a non-traditional source of fugitive dust shall 

implement control measures as described in Sections 302.4 through 302.10 of this 

rule, as applicable.

302.2 Control measures shall be implemented to meet the visible emissions 

requirements and stabilization requirements, as required for each activity, and to 

achieve the compliance determination in Section 501 of this rule.

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

and/or failure to maintain stabilization of a non-traditional source of fugitive dust 

with adequate surface crusting to prevent wind erosion as measured by the 

requirements in this rule shall be deemed a violation of this rule.

302.4 Vehicle Use in Open Areas and Vacant Lots: The owner and/or operator of a 

non-traditional source of fugitive dust that involves vehicle use in open areas and 

vacant lots shall be subject to the requirements described in Section 302.4(a) of 

this rule and, unless otherwise specified and/or required, shall comply with the 

control measures described in Section 302.4(b) of this rule and the additional 

requirements described in Section 302.4(c) of this rule.

a. Visible Emissions Requirements and Stabilization Requirements:

(1) The owner and/or operator of a non-traditional source of fugitive dust 

that involves vehicle use in open areas and vacant lots shall not cause or 

allow visible emissions of particulate matter, including fugitive dust, 

beyond the property line within which the emissions are generated.

(2) The owner and/or operator of a non-traditional source of fugitive dust 

that involves vehicle use in open areas and vacant lots shall stabilize the 

open areas and vacant lots on which vehicles are used to meet one of the 

following stabilization limitations:

(a) A soil crust; or

(b) A threshold friction velocity (TFV) corrected for non-erodible 

elements of 100 cm/second or higher; or

(c) Flat vegetative cover (i.e., attached [rooted] vegetation or 

unattached vegetative debris lying on the surface with a 

predominant horizontal orientation that is not subject to movement 

by wind) that is equal to at least 50%; or
310.01–11

(d) Standing vegetative cover (i.e., vegetation that is attached [rooted]

with a predominant vertical orientation) that is equal to or greater 

than 30%; or

(e) Standing vegetative cover (i.e., vegetation that is attached [rooted]

with a predominant vertical orientation) that is equal to or greater 

than 10% and where the threshold friction velocity is equal to or 

greater than 43 cm/second when corrected for non-erodible 

elements; or

(f) A percent cover that is equal to or greater than 10% for nonerodible elements; or

(g) An alternative test method approved in writing by the Control 

Officer and the Administrator.

b. Control Measures:

(1) Prevent motor vehicle and/or off-road vehicle trespassing, parking, 

and/or access by installing barriers, curbs, fences, gates, posts, shrubs, 

trees, or other effective control measures;

(2) Prevent motor vehicle and/or off-road vehicle trespassing, parking, 

and/or access by posting that consists of one of the following:

(a) A sign written in compliance with ordinance(s) of local, County, 

State, or Federal sign standards.

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

(c) Most current maps approved by a government land management 

agency.

(d) Virtual posting a government land management agency.

(3) Uniformly apply and maintain surface gravel or chemical/organic 

stabilizers to all areas disturbed by motor vehicles and/or off-road 

vehicles; or

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

by the Control Officer and the Administrator.

c. Additional Requirements:

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

and have a cumulative of 500 square feet or more that are disturbed by 
310.01–12

being driven over and/or used by motor vehicles, by off-road vehicles, or 

for material dumping, then the owner and/or operator shall implement 

one or more of the control measures described in Section 302.4(b) of this 

rule within 60 calendar days following the initial discovery by the 

Control Officer of disturbance or vehicle use on open areas and vacant 

lots.

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

Officer of disturbance or vehicle use on open areas and vacant lots, the 

owner and/or operator shall provide in writing to the Control Officer a 

description and date of the control measure(s) to be implemented to 

prevent such disturbance or vehicle use on open areas and vacant lots.

(3) The owner and/or operator shall implement all control measures 

necessary to limit the disturbance or vehicle use on open areas and 

vacant lots in accordance with the requirements of this rule. Control 

measure(s) shall be considered effectively implemented when the open 

areas and vacant lots meet the requirements described in Section 

302.4(a) of this rule.

(4) Once a control measure in Section 302.4(b) of this rule has been 

effectively implemented, then such open area or vacant lot is subject to 

the requirements of Section 302.5: Open Areas and Vacant Lots of this 

rule.

(5) Use of or parking on open areas and vacant lots by the owner and/or 

operator of such open areas and vacant lots shall not be considered 

vehicle use in open areas and vacant lots and shall not be subject to the 

requirements of Section 302.4(b) and sections 302.4(c)(1) through 

302.4(c)(4) of this rule. Such open areas and vacant lots shall still meet 

the requirements described in Section 302.5 of this rule.

(6) Establishing initial landscapes without the use of mechanized equipment 

or conducting landscape maintenance without the use of mechanized 

equipment shall not be considered vehicle use in open areas and vacant 

lots and shall not be subject to the requirements of Section 302.4(b) and 

Sections 302.4(c)(1) through 302.4(c)(4) of this rule. Such open areas 

and vacant lots shall still meet the requirements described in Section 

302.5 of this rule.

302.5 Open Areas and Vacant Lots: The owner and/or operator of a non-traditional 

source of fugitive dust that involves open areas and vacant lots shall be subject to 

the requirements described in Section 302.5(a) of this rule and, unless otherwise 

specified and/or required, shall comply with the control measures described in 

Section 302.5(b) of this rule and the additional requirements described in Section 

302.5(c) of this rule.
310.01–13

a. Visible Emissions Requirements and Stabilization Requirements:

(1) The owner and/or operator of a non-traditional source of fugitive dust 

that involves open areas and vacant lots shall not cause or allow visible 

emissions of particulate matter, including fugitive dust, beyond the 

property line within which the emissions are generated.

(2) The owner and/or operator of a non-traditional source of fugitive dust

that involves open areas and vacant lots shall stabilize the open areas 

and vacant lots to meet one of the following stabilization limitations:

(a) A soil crust; or

(b) A threshold friction velocity (TFV) corrected for non-erodible 

elements of 100 cm/second or higher; or

(c) Flat vegetative cover (i.e., attached [rooted] vegetation or 

unattached vegetative debris lying on the surface with a 

predominant horizontal orientation that is not subject to movement 

by wind) that is equal to at least 50%; or

(d) Standing vegetative cover (i.e., vegetation that is attached [rooted]

with a predominant vertical orientation) that is equal to or greater 

than 30%; or

(e) Standing vegetative cover (i.e., vegetation that is attached [rooted]

with a predominant vertical orientation) that is equal to or greater 

than 10% and where the threshold friction velocity is equal to or 

greater than 43 cm/second when corrected for non-erodible 

elements; or

(f) A percent cover that is equal to or greater than 10% for nonerodible elements; or

(g) An alternative test method approved in writing by the Control 

Officer and the Administrator.

b. Control Measures:

(1) Establish vegetative ground cover on all disturbed surface areas. Such 

control measure(s) must be maintained and reapplied, if necessary. 

Stabilization shall be achieved, per this control measure, within eight 

months after the control measure has been implemented; or

(2) Apply a dust suppressant to all disturbed surface areas; or
310.01–14

(3) Restore all disturbed surface areas within 60 calendar days following the 

initial discovery by the Control Officer of the disturbance, such that the 

vegetative ground cover and soil characteristics are similar to adjacent or 

nearby undisturbed native conditions. Such control measure(s) must be 

maintained and reapplied, if necessary. Stabilization shall be achieved, 

per such control measure, within eight months after such control 

measure has been implemented; or

(4) Uniformly apply and maintain surface gravel; or

(5) Apply and maintain an alternative control measure approved in writing 

by the Control Officer and the Administrator.

c. Additional Requirements:

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

and have a cumulative of 500 square feet or more that are disturbed and 

if such disturbed area remains unoccupied, unused, vacant, or 

undeveloped for more than 15 days, then the owner and/or operator shall

implement one or more of the control measures described in Section 

302.5(b) of this rule within 60 calendar days following the initial 

discovery by the Control Officer of the disturbance on the open areas 

and vacant lots.

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

Officer of the disturbance on the open areas and vacant lots, the owner 

and/or operator shall provide in writing to the Control Officer a 

description and date of the control measure(s) to be implemented.

(3) Control measure(s) shall be considered effectively implemented when 

the disturbance on the open areas and vacant lots meets the requirements

described in Section 302.5(a) of this rule.

302.6 Unpaved Parking Lots: The owner and/or operator of a non-traditional source of 

fugitive dust that involves unpaved parking lots shall be subject to the 

requirements described in Section 302.6(a) of this rule and, unless otherwise 

specified and/or required, shall comply with one of the control measures 

described in Section 302.6(b) of this rule and the additional requirements 

described in Section 302.6(c) of this rule.

a. Visible Emissions Requirements and Stabilization Requirements:

(1) The owner and/or operator of a non-traditional source of fugitive dust 

that involves unpaved parking lots shall not cause or allow visible 
310.01–15

emissions of particulate matter, including fugitive dust, beyond the 

property line within which the emissions are generated.

(2) The owner and/or operator of a non-traditional source of fugitive dust 

that involves unpaved parking lots shall not cause or allow visible 

fugitive dust emissions to exceed 20% opacity and shall not allow silt 

loading equal to or greater than 0.33 oz/ft2. However, if silt loading is 

equal to or greater than 0.33 oz/ft2

, then the owner and/or operator shall 

not allow the silt content to exceed 8%.

b. Control Measures:

(1) For parking, maneuvering, ingress, and egress areas at developments 

other than residential buildings with four or fewer units that are utilized 

for more than 35 days during the calendar year:

(a) Install and maintain pavement; or

(b) Apply dust suppressant other than water and install, maintain, and 

use a suitable trackout control device that controls and prevents 

trackout and/or removes particulate matter from tires and the 

exterior surfaces of motor vehicles that traverse the site; or

(c) Uniformly apply and maintain surface gravel.

(2) For parking, maneuvering, ingress, and egress areas at developments

other than residential buildings with four or fewer units that are utilized 

for 35 days or less during the calendar year:

(a) Install and maintain one of the control measures listed in Section 

302.6(b)(1) of this rule; or

(b) Apply water and install, maintain, and use a suitable trackout 

control device that controls and prevents trackout and/or removes 

particulate matter from tires and the exterior surfaces of motor 

vehicles that traverse the site.

(3) For parking, maneuvering, ingress, and egress areas 3,000 square feet or 

more in size at residential buildings with four or fewer units install and 

maintain a paving or stabilization method authorized by the city, town, 

or county by code, ordinance, or permit.

c. Additional Requirements:
310.01–16

(1) Control measure(s) shall be considered effectively implemented when 

the unpaved parking lot meets the requirements described in Section 

302.6(a) of this rule.

(2) If trackout occurs, the owner and/or operator shall repair and/or replace 

the control measure(s) and shall clean-up immediately such trackout 

from areas accessible to the public including curbs, gutters, and 

sidewalks when trackout extends a cumulative distance of 25 linear feet 

or more and at the end of the day for all other trackout.

302.7 Unpaved Roadways (Including Alleys): The owner and/or operator of unpaved 

roadways (including alleys) that are used by 150 vehicle trips or more per day in 

the PM10 nonattainment area shall be subject to the requirements described in 

Section 302.7(a) of this rule and, unless otherwise specified and/or required, shall

comply with one of the control measures described in Section 302.7(b) of this rule 

and the additional requirements described in Section 302.7(c) of this rule.

a. Visible Emissions Requirements and Stabilization Requirements: The 

owner and/or operator of unpaved roadways (including alleys) shall not cause 

or allow visible fugitive dust emissions to exceed 20% opacity and shall not 

allow silt loading equal to or greater than 0.33 oz/ft2

. However, if silt loading 

is equal to or greater than 0.33 oz/ft2

, then the owner and/or operator shall not 

allow the silt content to exceed 6%.

b. Control Measures:

(1) Pave;

(2) Apply dust suppressants other than water; or

(3) Uniformly apply and maintain surface gravel.

c. Additional Requirements:

(1) If a person allows 150 vehicle trips or more per day on an unpaved 

roadway (including an alley) in the PM10 nonattainment area, then such 

person shall first implement one of the control measures described in 

Section 302.7(b) of this rule.

(2) A person, who allows 150 vehicle trips or more per day on an unpaved 

roadway (including an alley) in the PM10 nonattainment area, shall be

responsible for conducting vehicle counts/traffic counts to determine if 

150 vehicle trips or more per day occur on an unpaved roadway 

(including an alley). A traffic count shall measure vehicular traffic over 

a 48-hour period, which may consist of two non-consecutive 24-hour 

periods. Vehicular traffic shall be measured continuously during each 
310.01–17

24-hour period. The average vehicle counts/traffic counts on the highest 

trafficked days shall be recorded and provided to the Control Officer in 

writing within 60 days of verbal or written request by the Control 

Officer.

(3) Control measure(s) shall be considered effectively implemented under 

the following conditions:

(a) When the unpaved roadway (including an alley) meets the requirements described in Section 302.7(a) of this rule.

(b) When one of the control measures described in Section 302.7(b) of 

this rule is implemented on 5 miles of unpaved roadways (including alleys) having vehicle traffic of 150 vehicle trips or more per 

day within one calendar year beginning in calendar year of 2008. If 

the control measure described in Section 302.7(b)(2) of this rule is 

implemented, the unpaved roadways (including alleys) must be 

maintained so as to comply with Appendix C of these rules.

302.8 Livestock Activities: The owner and/or operator of a non-traditional source of 

fugitive dust that involves livestock activities shall be subject to the requirements 

described in Section 302.8(a) of this rule and, unless otherwise specified and/or 

required, shall comply with the control measures described in Section 302.8(b) of 

this rule and the additional requirements described in Section 302.8(c) of this rule.

a. Visible Emissions Requirements:

(1) For unpaved access connections and unpaved feed lane access areas, the 

owner and/or operator shall not cause or allow visible fugitive dust 

emissions to exceed 20% opacity.

(2) For corrals, pens, and arenas, the owner and/or operator shall not cause 

or allow visible fugitive dust emissions to exceed 20% opacity for a 

period aggregating more than three minutes in any 60-minute period.

(3) The owner and/or operator shall not cause or allow visible emissions of 

particulate matter, including fugitive dust, beyond the property line 

within which the emissions are generated.

b. Control Measures: The owner and/or operator of a non-traditional source of 

fugitive dust that involves livestock activities shall implement the control 

measures described in this section of this rule. When selecting a control 

measure, the owner and/or operator may consider site-specific logistics of the 

livestock activities. When doing so, some control measures may be more 

reasonable to implement than others. Any control measure that is 

implemented must achieve the applicable standards and requirements 
310.01–18

described in Sections 302.8(a) and (c) of this rule, as determined by the 

corresponding test methods, as applicable, and must achieve other applicable 

standards set forth in this rule. The owner and/or operator may submit a 

request to the Control Officer and the Administrator for the use of alternative 

control measure(s). The owner and/or operator may implement the alternative 

control measure only after the Control Officer and the Administrator have 

granted the petition.

(1) For unpaved access connections and unpaved feed lane access areas:

(a) Apply water and install, maintain, and use a suitable trackout 

control device that controls and prevents trackout and/or removes 

particulate matter from tires and the exterior surfaces of motor 

vehicles that traverse the site;

(b) Apply and maintain pavement, gravel (maintained to a depth of 

four inches), or asphaltic roadbase;

(c) Apply and maintain dust suppressants other than water; or

(d) Limit vehicle trips to no more than 20 per day per road, limit 

vehicle speeds to no more than 15 miles per hour, and restrict 

public access to private roads by installing barriers, curbs, fences, 

gates, posts, or signs written in compliance with ordinance(s) of 

local, County, State, or Federal sign standards.

(2) For bulk material hauling, including animal waste, off-site and crossing 

and/or accessing an area accessible to the public:

(a) Load all vehicles used to haul bulk material, including animal 

waste, such that the freeboard is not less than three inches;

(b) Prevent spillage or loss of bulk material, including animal waste, 

from holes or other openings in the cargo compartment’s floor, 

sides, and/or tailgate(s);

(c) Cover cargo compartment with a tarp or other suitable closure; and

(d) Install, maintain, and use a suitable trackout control device that 

controls and prevents trackout and/or removes particulate matter 

from tires and the exterior surfaces of motor vehicles that traverse 

the site.

(3) For corrals, pens, and arenas:

(a) Apply water;
310.01–19

(b) Install shrubs and/or trees within 50 feet to 100 feet of corrals,

pens, and arenas;

(c) Scrape and/or remove manure;

(d) Apply a fibrous layer (i.e., wood chips) in working areas; 

(e) Provide shaded areas; or

(f) Apply and maintain an alternative control measure approved in 

writing by the Control Officer and the Administrator.

c. Additional Requirements:

(1) The owner and/or operator of livestock activities shall implement at least

one of the control measures from each of the following three sections of 

this rule, as applicable: Section 302.8(b)(1), Section 302.8(b)(2), and

Section 302.8(b)(3). In lieu of implementing at least one control measure

from each of the following three sections of this rule, as applicable: 

Section 302.8(b)(1), Section 302.8(b)(2), and Section 302.8(b)(3), the 

owner and/or operator of livestock activities shall implement an 

alternative control measure approved in writing by the Control Officer 

and the Administrator.

(2) Control measure(s) shall be considered effectively implemented when 

the livestock activities meet the requirements described in Section 

302.8(a) of this rule.

(3) If trackout occurs, the owner and/or operator shall repair and/or replace 

the control measure(s) and shall clean up immediately such trackout 

from areas accessible to the public including curbs, gutters, and

sidewalks when trackout extends a cumulative distance of 25 linear feet 

or more and at the end of the day for all other trackout.

302.9 Erosion-Caused Deposition of Bulk Materials Onto Paved Surfaces: The 

owner and/or operator of a non-traditional source of fugitive dust that involves 

erosion-caused deposition of bulk materials onto paved surfaces shall comply 

with the control measures described in Section 302.9(a) of this rule and the 

additional requirements described in Section 302.9(b) of this rule.

a. Control Measures:

(1) Remove any and all such deposits by utilizing the appropriate control 

measures within 24 hours of the deposits’ identification or prior to the 
310.01–20

resumption of traffic on pavement, where the pavement area has been 

closed to traffic; and

(2) Dispose of deposits in such a manner so as not to cause another source 

of fugitive dust.

b. Additional Requirements:

(1) In the event that erosion-caused deposition of bulk materials or other 

materials occurs on any adjacent paved roadway, paved parking lot, 

curb, gutter, or sidewalk, the owner and/or operator of the property from 

which the deposition eroded shall implement both of the control 

measures described in Section 302.9(a) of this rule.

(2) Failure to comply with both of the control measures described in Section 

302.9(a) of this rule shall constitute a violation of this rule.

302.10 Easements, Rights-of-Way, and Access Roads for Utilities (Transmission of

Electricity, Natural Gas, Oil, Water, and Gas): The owner and/or operator of a 

non-traditional source of fugitive dust that involves easements, rights-of-way, and 

access roads for utilities (transmission of electricity, natural gas, oil, water, and 

gas) that are used by 150 vehicle trips or more per day in the PM10 nonattainment 

area shall be subject to the requirements described in Section 302.10(a) of this 

rule and unless otherwise specified and/or required, comply with one of the 

control measures described in Section 302.10(b) of this rule and the additional 

requirements described in Section 302.10(c) of this rule.

a. Visible Emissions Requirements and Stabilization Requirements: The 

owner and/or operator of a non-traditional source of fugitive dust that involves 

easements, rights-of-way, and access roads for utilities (transmission of 

electricity, natural gas, oil, water, and gas) shall not cause or allow visible 

fugitive dust emissions to exceed 20% opacity and shall not allow silt loading 

equal to or greater than 0.33 oz/ft2

. However, if silt loading is equal to or 

greater than 0.33 oz/ft2

, then the owner and/or operator shall not allow the silt 

content to exceed 6%.

b. Control Measures:

(1) Pave;

(2) Apply dust suppressants other than water;

(3) Uniformly apply and maintain surface gravel; or

(4) Install locked gates at each entry point.
310.01–21

c. Additional Requirements:

(1) If an owner and/or operator allows 150 vehicle trips or more per day to 

use an easement, right-of-way, and access road for utilities (transmission 

of electricity, natural gas, oil, water, and gas) in the PM10 nonattainment 

area, then such owner and/or operator shall first implement one of the 

control measures described in Section 302.10(b) of this rule.

(2) A person, who allows 150 vehicle trips or more per day to use an 

easement, right-of-way, and access road for utilities (transmission of 

electricity, natural gas, oil, water, and gas) in the PM10 nonattainment 

area, shall be responsible for conducting vehicle counts/traffic counts to 

determine if 150 vehicle trips or more per day occur on an easement, 

right-of-way, and access road for utilities (transmission of electricity, 

natural gas, oil, water, and gas). A traffic count shall measure vehicular 

traffic over a 48-hour period, which may consist of two non-consecutive 

24-hour periods. Vehicular traffic shall be measured continuously during 

each 24-hour period. The average vehicle counts/traffic counts on the 

highest trafficked days shall be recorded and provided to the Control 

Officer in writing within 60 days of verbal or written request by the 

Control Officer.

(3) Control measure(s) shall be considered effectively implemented when 

the easement, right-of-way, and access road for utilities (transmission of 

electricity, natural gas, oil, water, and gas) meets the requirements

described in Section 302.10(a) of this rule.

SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500 – MONITORING AND RECORDS

501 COMPLIANCE DETERMINATION: To determine compliance with this rule, the 

following test methods shall be followed:

501.1 Opacity Observations:

a. Opacity observations to measure visible emissions shall be conducted in 

accordance with the techniques specified in EPA Reference Method 203B 

(Visual Determination of Opacity of Emissions from Stationary Sources for

Time-Exception Regulations). Emissions shall not exceed the applicable 

opacity standards of this rule for a period aggregating more than three minutes 

in any 60-minute period.

b. Opacity observations to determine compliance with Sections 302.6, 302.7, 

302.8(a)(1), 302.8(a)(2), and 302.10 of this rule shall be conducted in 
310.01–22

accordance with the techniques specified in Appendix C (Fugitive Dust Test 

Methods) of these rules.

501.2 Stabilization observations for unpaved parking lots and/or unpaved roadways 

(including alleys) shall be conducted in accordance with Appendix C, Section 2.1

(Test Methods for Stabilization for Unpaved Roads and Unpaved Parking Lots) of 

these rules.

501.3 Stabilization observations for vehicle use in open areas and vacant lots and/or 

open areas and vacant lots shall be conducted in accordance with the following: 

a. Appendix C, Section 2.3 (Test Methods for Stabilization: Soil Crust 

Determination: The Drop Ball Test) of these rules; or

b. Appendix C, Section 2.4 (Test Methods for Stabilization: Determination of

Threshold Friction Velocity [TFV]: Sieving Field Procedure) of these rules, 

where the threshold friction velocity (TFV) for disturbed surface areas 

corrected for non-erodible elements is 100 cm/second or higher; or

c. Appendix C, Section 2.5 (Test Methods for Stabilization: Determination of

Flat Vegetative Cover) of these rules, where flat vegetation cover (i.e., 

attached [rooted] vegetation or unattached vegetative debris lying on the 

surface with a predominant horizontal orientation that is not subject to 

movement by wind) is equal to at least 50%; or

d. Appendix C, Section 2.6 (Test Methods for Stabilization: Determination of

Standing Vegetative Cover) of these rules, where standing vegetation cover 

(i.e., vegetation that is attached [rooted] with a predominant vertical 

orientation) is equal to or greater than 30%; or

e. Appendix C, Section 2.6 (Test Methods for Stabilization: Determination of

Standing Vegetative Cover) of these rules, where the standing vegetation 

cover (i.e., vegetation that is attached [rooted] with a predominant vertical 

orientation) is equal to or greater than 10% and where the threshold friction 

velocity, corrected for non-erodible elements, is equal to or greater than 43 

cm/second; or

f. Appendix C, Section 2.7 (Test Methods for Stabilization: Rock Test Method)

of these rules where a percent cover is equal to or greater than 10% for nonerodible elements.

g. An alternative test method approved in writing by the Control Officer and the 

Administrator.

502 RECORDKEEPING: Any person subject to the requirements of this rule shall compile 

and retain records that provide evidence of control measure application (i.e., receipts 
310.01–23

and/or purchase records). Such person shall describe, in the records, the type of treatment 

or control measure, extent of coverage, and date applied. Upon verbal or written request 

by the Control Officer, such person shall provide the records and supporting 

documentation as soon as possible but no later than 48 hours, excluding weekends. If the 

Control Officer is at the site where requested records are kept, such person shall provide 

the records without delay.

503 RECORDS RETENTION: Copies of the records required by Section 502

(Recordkeeping) of this rule shall be retained for at least two years.
310.01–24

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