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 D UST

- 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 OPERATOR310.01

– 2 223 PAVE

224 PM 10

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 (INCLUDI NG 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 RETENTION310.01

– 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

mi tigate 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 d ust

- 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 Stat utes ( A.R.S. ) § 4 2

- 12151 and A.R.S. § 4 2

- 12152.

103 EXEMPTIONS:

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

- 457 and A.R.S. § 4 9

- 504.4.

103.2 The provisions of this rule shall not apply to d ust

- generating operations that are subject to the standards and/or require ments described in Rule 310: Fugitive Dust

from D ust

- G enerating 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 T he provisions of this rule do not apply to the estab lishment 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 without310.01

– 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

– DEFIN ITIONS: 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 a ir p ollution c ontrol

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. § 4 9

- 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 E ast 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 d ust

generating operation.

204 BULK MATERIAL

– Any material, including, but not limited to, the following

materials that are cap able 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, crit eria, or tests required by any f ederal, s tate, 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 ge neration, 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 ot herwise modified from its undisturbed native condition if the potential for the emission of fugitive dust is increased by the movement, destabilization, or modification.

208 D UST

- 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

. 20 8.10 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

. 208.1 3 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 o ther dust palliative, which is not prohibited for ground surface application by the Environ mental 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 maintenan ce, 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.

21 2 FEED LANE ACCESS AREAS

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

21 3 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 Contamina nts ) of these rules.

21 4 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 f rom 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 sur face exit does not have adequate width to install a 30

- foot wide gravel pad, then t he 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.

21 5 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.

21 6 LIVESTOCK ACTIVITIES

– Any activity directly related to feeding animals, displaying animals, racing animals, exercising animals, and/or for any other such activity310.01

– 7 including

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

activities related to feed ing or raising animals

.

21 7 MOTOR VEHICLE

– A self

- propell ed 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.

21 8 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 f rom Non

- Traditional Sources of Fugitive Dust of these rules:

21 8 .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)

.

2 19 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.

22 0 OFF

- ROAD VEHICLE

– Any self

- propelled conveyance specifically designed for off

road use, including, but not limited to, off

- road or all

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

22 1 OPEN AREAS AND VACANT LOTS

– Any of the following described in Section s 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.

22 1 .1 An unsubdivided or undeveloped tract of land adj oining a developed or a partially developed residential, industrial, institutional, governmental, or commercial area.

22 1 .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 22 1 .3 A partially developed residential, industrial, institutional, governmental, or

commercial lot.

22 2 OWNER AND/OR OPERATOR

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

22 3 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).

22 4 PM 10 NONATTAINMENT AREA

– An area designated by the EPA as exceeding National Ambient Air Quality Standards based upon data collected thr ough air quality monitoring. The geographical boundary of Maricopa County's PM 10 nonattainment area

is defined as the recta ngle determined by and including the following townships and ranges: T6N, R3W; T6N, R7E; T2S, R3W; T2S, R7E; and T1N, R8E. Maricopa County's

PM 10 nonattainment area includes the following cities: Surprise, Peoria, Glendale, Phoenix, Scottsdale, Tempe, Mesa , Gilbert, Chandler, Avondale, Buckeye, and Goodyear.

22 5 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 th e boundaries dividing the areas of all sub

- tenancies.

22 6 PUBLIC ROADWAYS

– Any roadways that are open to public travel.

22 7 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.

22 8 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.

2 29 UNPAVED ACCESS CONNECTIONS

– Any unpaved road connection with a paved pub l ic road.

23 0 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.

23 1 UNPAVED ROADWAY (INCLUDING ALLEYS)

– A road that is not paved and that is owned by f ederal, s tate, county, municipal, or other governmental or quasi

governmental agencies. For the purpose of this rule, an unpaved roadway (including310.01

– 9 alleys) is not a h orse 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

compos ition

.

23 2 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 Whe n an owner and/or operator of a non

- traditional source of fugitive dust fails to stabilize disturbed surfaces of vacant lots as required in Section s 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 u npaved 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 stab ilization 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 las t
mailed.

b. Authority to enter upon any said land/property where suc h 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 reli eve, 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 f or the Maricopa County Air Quality Department shall be reimbursed by the owner and/or operator of such non

traditional source of fugitive dust.

302 CONTROL MEASURES FOR NON

- TRADITIONAL SOURCES OF FUGITIVE

DUST:310.01

– 10 302.1 When engaged in the activities descri bed in Section s 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 Section s 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 ru le 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 i n open areas and vacant lots shall stabilize the open areas and vacant lots on which vehicles are used to meet one of the following s tabilization limitations :

(a) A soil crust; or

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

- erodible

element s 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 leas t 50%; or310.01

– 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 non

erodible 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 install ing 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 Office r 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 by310.01

– 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 d ays following the initial discovery by the

Control Officer of dist urbance 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 vac ant l ots 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

th e requirements of Section 302.5: Open Are as 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 m eet the requirements described in Section 302.5 of this rule.

(6) Establishing initial landscapes with out 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

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

and vacant lots shall still m eet 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 d ust 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 s tabilization limitations :

(a) A soil crust; or

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

- erodible

elements of 100 cm/se cond 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 non

erodible 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) mu st 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 ; or310.01

– 14 (3) Restore al l 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. Suc h control measure(s) must be maintained and reapplied, if necessary. Stabilization shall be achieved, per such control measure, within eight months after such contr ol 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 me asures 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 invo lves 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 on e 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

- trad itional source of fugitive dust that involves unpaved parking lots shall not cause or allow visible310.01

– 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/ft 2

. However, if silt loading is equal to or greater than 0.33 oz/ft 2 , 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 bui ldings 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 area s 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, ma intain, 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 p arking, maneuvering, ingress, and egress areas 3,000 square feet or more in size at residential buildings wi th four or fewer units install and maintain a paving or stabilization method authorized by the city, town,

or c ounty by code, ordinance, or permit.

c. Additional Requirements:310.01

– 16 (1) Control meas ure(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 Road ways (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 PM 10 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 S tabilization Requirements : The owner and/or operator of unpaved roadways (including alleys) shall not cause
or allow visible fugitive dust e missions to exceed 20% opacity and shall not allow silt loading equal to or greater than 0.33 oz/ft 2

. However, if si lt loading is equal to or greater than 0.33 oz/ft 2 , 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 vehi cle trips or more per day on an unpaved roadway (including an alley) in the PM 10 nonattainment area, then such

person shall first implement one of the control measures described in

Sectio n 302.7(b) of this rule.

(2) A person, who allows 150 vehi cle trips or more per day on an unpaved roadway (including an alley) in the PM 10 nonattainment area, shall be responsible for conducting vehicle counts/traffic counts to determine if

150 vehicle tr ips or more per day occur on an unpaved roadway (including an alle y). 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 e ach310.01

– 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 unpave d roadway (including an alley) meets the require

ments 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 (inclu

ding 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 lives tock activities shall be subject to the require ments 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 excee d 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 sou rce 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 activitie s. 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 requirements310.01

– 18 described in Sections 302.8(a) and (c) of this rule, as determined by th e 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 lan e 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 t o 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 acces s 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 w aste, 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 fe et of corrals, pens, and arenas;

(c) Scrape and/or remove manure;

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

(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 li vestock 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 th e 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 requir ements 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 the310.01

– 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

m aterials 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, wat er, and gas) that are used by 15 0 vehicle tri ps or more per day in the PM 10 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 operato r 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/ft 2

. However, if silt loading is equal to or greater than 0.33 oz/ft 2 , 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 1 5 0 vehicle trips or more per day to use an easement, right

- of

- way, and access road for utilities (transmission of electricity, natural ga s, oil, water, and gas) in the PM 10 nonattainment

area , then such owner and/or operator shall first implement one of the control measures described in Section 302.10(b) of this rule.

(2) A person, who allows 1 5 0 vehicle trips or more per day to use an easement, right

- of

- way, and access road for utilities (transmission of electricity, natural gas , oil, water, and gas) in the PM 10 nonattainment

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

determine if 1 5 0 vehicle trips or more per day occur on an easement, right

- of

- way, and access road for utilities (transmission of electricity, natural gas, oil, water, and gas). 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 t he highest trafficked days shall be recorded and provided to the Control Officer in writing with in 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 ga s) 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 thi s 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 s hall be conducted in310.01

– 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 Unpav ed Parking Lots ) of

these rules.

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

Th re shold Friction Velocity [ TFV ] : Sieving Field Procedure ) of these rules, where the threshold friction velocity (TFV) for disturbed surface areas

corrected for non

- erodible elements is 100 cm/second or higher; or

c. Appendix C, Section 2.5 ( Test Methods for 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

S tanding 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 Stabiliza tion: Rock Test Method ) of these rules where a percent cover is equal to or greater than 10% for non

erodible elements.

g. An alternative test method approved in writing by the Contro l 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., receipts310.01

– 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 pro vide 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

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