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Draft Regulation VIII Rules and Ru le Amendments (da ted October 2005)Imperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-1 E N V I R O N RULE 800. GENERAL FUGITIVE DUST REQUIREMENTS FOR CONTROL OF FINE PARTICULATE MATTER (PM-10) (Adopted 10/10/94; revised 11/ 25/96; revised -------------)

A. General Description

The purpose of this regulation is to reduce th e amount of fine Partic ulate Matter (PM-10)

entrained in the ambient air as a result of emissions generated from anthropogenic (man-made) Fugitive Dust (PM-10) sources generated from within Imperial County by requiring actions to prevent, reduce, or mitigate PM-10 emissions. This Regula tion contains EPA required Reasona bly Available Control Measur es (RACM) to be included in the Imperial County Air Pollu tion Control District (APCD) Non

- Attainment Area Plan for attaining the National Ambient Air Quality Standards for PM

- 10. The Rules contained within this Regulation have b een developed pursuant to United States Environmental Protection Agency guidance fo r Serious PM10 Non Attainment Areas.

B. Applicability

The requirements of this rule Regulation shall apply to any Ac tive Operation, and/or man-made or man-caused condition or practi ce capable of generating Fugitive Dust (PM10) as specified in this Regulat ion except those determined exem pt as defined in Part E of

this Rule Regulation . The definitions, exemptions, requirements, administrative requirements recordkeeping requirements, and test methods set forth in this rule are applicable to all the rules under Regulation VIII (Fugitive Dust Requirements) of the Rules and Regulations of the Imperial County Air Pollution Control District.

C. Definitions

For the purpose of this Regulation, the following terms are defined:

C.1 ACTIVE OPERATION: Activities capab le of generating Fugitive Dust (PM-10) conducted for industrial, commercial, state, fe deral, city, county or special district

purpos es and their contractors, including but not limited to, Earthmoving Activities, Construction activities, Unpaved Roads, Track- Out/Carry-Out, Bulk Material storage and transpor t, Unpaved Haul/Access Roads.

C.2 AGGREGATE MATERIALS: Consists of sand, Gravel, quarried stone and/or rock fragments that are t ypically used in Construc tion. Aggregates may be natural, artificial or recycled.

C.3 ANEMOMETRS: Are devices used to measure wind speed and direction in accordance with manufacturer’s perfor mance standards, maintenance and

calibration criteria.Imperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-2 E N V I R O N C.4 ANNUAL AVERAGE DAILY VEHICLE TRIPS: annual average 24-hour total

of all vehicles counted on a road.

C. 2 5 APCD: The Imperial County Ai r Pollution Control District.

C.3 6 APCO: The Imperial County Ai r Pollution Control Officer.

C.7 AVERAGE VEHICLE TRIPS PER DAY: Mean s the average number of vehicles that cross a given point surface during a sp ecific 24-hour period as determined by the most recent Institute of Transportati on Engineers trip generation manual, tube counts, or observations.

C.8 BLM: The Bureau of Land Management.

C.9 BP: The United States Border Patrol.

C.4 10 BULK MATERIAL: Earth, rock, Silt, sediment, sand, Gravel, soil, fill, Aggregate, dirt, mud, debris, and othe r organic and/or i norganic material consisting of or containing Particulate Ma tter with five percent or greater Silt content. For the purpose of this Regulation, the Silt content level is assumed to be 5 percent or greater, unless the Person responsible for the Active Operation conducts the applicable labor atory tests and demonstrate that the Silt content is less than 5 percent. Active Operations seeking to determine if the Silt content is less than five percent are required to conduct the laboratory analysis in

accordance with ASTM method C-136-a (Standard Test Method for Sieve analysis of Fine and Coarse Aggregates ), or other equivalent test methods approved by EPA, ARB, and the APCD . Attachment A is ASTM method C

- 136,

attachment B is ASTM method D

- 75 for sampling aggregate mater ial.

C.5 11 CANAL BANK: A rise of land on eith er side of an irrigation canal.

C.6 12 CHEMICAL STABILIZATION/SUPPRE SSION: A means of Fugitive Dust (PM-10) control implemented to mitig ate PM-10 emissions by applying petroleum resins, asphaltic emulsions, acrylic s, adhesives, or any other materials approved for use by the California Air Resources Board (CARB), U.S. Environmental Protection Agency (U.S. EPA) and/or the APCO.

C.13 CONSTRUCTION: Any on-site mechanical ac tivities preparatory to or related to the building, alteration, rehabilitation, or demolition of an improvement on real property, including, but not limited to, land clearing, excavat ion related to construction, land leveling, grading, cut and fill grading, and the erection or demolition of any structure. As used in Regulation VIII, a construction site mayImperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-3 E N V I R O N encompass several contiguous parcels, or may encompass only a portion of one parcel, depending on the relationship of the property boundaries to the actual

construction activities.

C.7 14 DESIGNATED REPRESENTATIVE: The ag ent for a Person. The Designated Representative shall be responsible for and have the full authority to implement

R B ACM on behalf of the Person.

C.15 EARTHMOVING ACTIVITIES: The use of any equipment for an activity that may generate Fugitive Dust emissions, including, but not limited to, cutting and filling, grading, leveling, excavation, trench ing, loading or unloading of Bulk Materials, demolishing, drilling, adding to or removing bulk of materials from open storage piles, weed abatement through disking, and back filling.

C.8 16 FUGITIVE DUST: The Partic ulate Matter entrained in the ambient air which is caused from man-made and natural activities such as, but not limited to, movement of soil, vehicles, equipmen t, blasting, and wind. This excludes

Particulate Matter emitted di rectly in the exhaust of mo tor vehicles or other fuel combustion devices, from portable brazing, so ldering, or welding equipment, pile drivers, and stack emissions from stationary sources.

C.9 17 GRAVEL: Gravel travelways shall ha ve a three (3) inch minimum depth Stabilized Surface. The travelway shall ha ve a relative compaction of not less

than 90% 95% as determined by Test Method No. California 216 of State of California, Business and Transportation Agency Department of Transportation, and conforming to the following grading:

3⁄4” Maximum Sieve Designation Percent Passing

1 1⁄2" 1” 100

3/4" 3⁄4” 85

- 95 90-100

#4 55

- 75 35-60

#30 25

- 45 10-30

#200 15

- 25* 2-9 *(with <5% Silt)

Reference: County of Imperial De partment of Public Works Standard S

- 1101. California Department of Transportation Sta ndard Specification Section 26/class II Aggregate Base

C.10 18 HAUL/ACCESS ROAD: Any on-site road used for commercial, industrial, institutional, and/or governmental traffi c, excluding Haul/Access Roads used for agricultural operations

.Imperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-4 E N V I R O N C.11 19 HAUL TRUCK: Any fully or partially op en-bodied licensed motor vehicle used for transporting Bulk Material for industrial or commercial purposes.

C.12 20 IMPLEMENT OF HUSBANDRY: An unli censed vehicle which is used exclusively in the conduct of Agricultural Operations. An Implement of Husbandry does not include a vehicle if its existing design is primarily for the transportation of persons or property on a highway, unless specifically designated as such by some other provision of the Vehicle Code of California.

C.21 NON-RESIDENTIAL AREA: Any unpaved ve hicle and equipment traffic area operated at any commercial, manufactur ing or government sites.

C.22 MODIFIED PAVED ROAD: Any Paved Road that is widened or improved so as to increase traffic capacity. This term does not include road maintenance, repair, chip seal, pavement or roadbed rehabi litation that does not affect roadway geometrics, or surface overlay work.

C.23 OFF-FIELD AGRICULTURAL SOURCE: An y Agricultural Source or activity at an Agricultural Source that falls into one or more of the following categories:

C.23.a Outdoor handling, storage and transport of Bulk Material;

C.23.b Paved Road;

C.23.c Unpaved Road; or

C.23.d Unpaved Traffic Area.

C.13 24 OFF-ROAD VEHICLE: Any nonstationary device, powered by an internal combustion engine or motor, used primar ily off the highways to propel, move, or draw persons or property including any device propelled, moved, or drawn exclusively by human power, and used i n, but not limited to, any of the following applications: marine vessels, constructio n/farm equipment, utility and lawn and garden equipment, off-road motorcycles, and off-highway vehicles.

C.25 ON-FIELD AGRICULTURAL SOURCE: Any Ag ricultural Source or activity at an Agricultural Source that is not an Of f-Field Agricultural Source, including (but not limited to) the following:

C.25.a Activities conducted solely for th e purpose of preparing land for the growing of crops or the rais ing of fowl or animals, such as brush or timber clearing, grubbing, scraping, ground ex cavation, land le veling, grading, turning under stalks, disking, or tilling;Imperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-5 E N V I R O N C.25.b Drying or pre-cleaning of agricultural crop mate rial on the field where it was harvested;

C.25.c Handling or storage of agricultural crop material that is baled, cubed, pelletized, or long-stemmed, on the fi eld where it was harvested, and the handling of fowl or animal feed mate rials at sites where animals or fowl are raised;

C.25.d Disturbances of cultivated land as a result of fallowing, planting,

fertilizing or harvesting.

C.26 OPEN AREA: Any of the following described in Subsection C.26.a through C.26.c of this rule. For the purpose of th is rule, vacant portions of residential or commercial lots and contiguous parcels th at are immediately adjacent to and owned and/or operated by the same individu al or entity are considered one open area. An open area does not include any U npaved Traffic Area as defined in this

rule.

C.26.a An un-subdivided or undeveloped land adjoining a developed (or partially developed) residential, industrial, institutional, governmental, or

commercial area.

C.26.b A subdivided residential, industria l, institutional, governmental, or commercial lot, which contains no approved or permitted building or structures of a temporary or permanent nature.

C.26.c A partially developed residential, indu strial, institutional, governmental, or commercial lot and contiguous lots under common ownership.

C.14 27 PARTICULATE MATTER: Any material , except uncombined water, which exists in a finely divided form as a liquid or solid at 60 degrees F and one atmosphere pressure.

C.15 28 PAVED ROADS: An improved street, highw ay, alley, public way, that is covered by concrete, asphaltic concrete, or asphalt.

C.16 29 PERSON: Any individual, p ublic or private corporati on, partnership, association, firm, trust, estate, municipality, or a ny other legal entity whatsoever which is recognized by law as the subject of rights and duties, who is responsible for an Active Operation.Imperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-6 E N V I R O N C.17 PHYSICAL STABILIZATION: A mean s of dust control implemented to mitigate PM

- 10 emissions by a pplying vegetation, Gravel , recrushed/recycled asphalt or any other materials or methods specified for use by U.S. EPA, CARB

and/or the APCO

.

C.18 30 PM-10: Particulate Matter with an aerodynamic diameter smaller than or equal to a nominal 10 microns as measured by the applicable State and Federal reference

test methods.

C.19. REASONABLY AVAILABLE CONTROL ME ASURE (RACM): A technique, practice, or procedure as identified in Sect ion I of this Regulation that is used to prevent or minimize the generation , emission, entrainment, suspension and/or airborne transport of Fugitive Dust (PM

- 10).

C.31 RECREATIONAL USE: the recreational us e of public lands covered by the most recent BLM dust control plan.

C.20 32 SILT: Any Aggregate Material with a pa rticle size less than 75 micrometers in diameter as measured by a No. 200 sieve as defined in ASTM D-2487 (attachment C, subsection 3.1.4 and as tested by ASTM-C-136 or other equivalent test methods approved by EPA, ARB, and the APCD . (attachment A)

.

C.33 STABILIZED SURFACE: Any disturbed su rface area or open bulk storage pile that is resistant to wind blown Fugitive Dust emissions. A surface is considered to be stabilized if it meets at least one of the following conditions specified in this Section and as determined by the test methods specified in Appendix B of this

rule:

C.33.a A visible crust; or

C.33.b A threshold friction velocity (TFV) for disturbed surface areas corrected for non-erodible elements of 100 centimeters per second or greater; or

C.33.c A flat vegetative cover of at least 50 percent that is a ttached or rooted vegetation; or unattached vegetative debris lying on the surface with a predominant horizontal orientation that is not subject to movement by wind; or

C.33.d A standing vegetative cover of at least 30 percent that is attached or rooted

vegetation with a predominan t vertical orientation; orImperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-7 E N V I R O N C.33.e A standing vegetative cover that is attached or rooted vegetative with a predominant vertical orientation that is at least 10 percent and where the TFV is at least 43 centimeters per s econd when corrected for non-erodible elements; or

C.33.f A surface that is greater than or equal to 10 percent of non-erodible

elements such as rocks, stones, or hard-packed clumps of soil

.

C.34 Stabilized Unpaved Road: Any Unpave d Road or unpaved vehicle/equipment

traffic area surface which meets the definitio n of Stabilized Surface as determined by the test method in Appendix B, Secti on C of this rule, and where VDE is limited to 20% opacity.

C.35 TACTICAL TRAINING: Training conducted by the U.S. Department of Defense, the U.S. military services, or its allies for combat, combat support, combat service support, tactical or relief operations. Examples include but are not limited to munitions training.

C.36 TEMPORARY UNPAVED ROAD: Any Unpa ved Road surface which is created

to support a temporary or periodic activity and the use of such road surface is limited to vehicle access for a period of not more than six months during any consecutive three-year period

.

C.37 THRESHOLD FRICTION VELOCITY (TFV): The corrected velocity necessary

to initiate soil eros ion as determined by the test method specified in Appendix B, Section D, of this rule. The lower TF V, the greater the propensity for fine particles to be lifted at relatively low wind speeds.

C.21 38 TRACK-OUT/CARRY-OUT: Any and all Bulk Materials that adhere to and agglomerate on the exterior surfaces of motor vehicles and/or equipment (including tires) and excluding Implements of Husbandry and that may then fall onto the pavement.

C.22 39 TRACK-OUT PREVENTION DEVICE: A vibra ting or tire spreading device to dislodge mud, dirt and/or debris from the tires and underc arriage of motor

vehicles A Gravel pad, grizzly, whee l wash system, or a paved area, located at the point of intersection of an unpaved area and a Paved Road that prevents or

controls Track-Out.

C.23 40 UNPAVED ROADS: Streets, alley ways, or roadways that are improved and

maintained and that are not covered by one of th e following: concrete, asphaltic concrete, asphalt, or othe r similar materials specified by the U.S.EPA, CARB

and/or the APCO.

C.41 UNPAVED TRAFFIC AREA: Any nonr esidential area that is:

C.41.a Not covered by asphalt, recycled as phalt, asphaltic concrete, concrete, or concrete pavement, andImperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-8 E N V I R O N C.41.b Used for fueling and servicing; shipping, receiving and transfer; or parking or storing equipment, haul trucks, vehicles, and any conveyances.

C.42 VDE: Visible dust emissions. Dust emissi ons that are visible to an observer.

C.24 43 VMT: Vehicle miles traveled.

C.44 WIND GUST: Is the maximum instanta neous wind speed as measured by an

anemometer.

D. Compliance Schedule

D.1 Existing sources subject to this Regula tion shall comply with its requirements no later than 90 days af ter its adoption date.

D.2 New sources subject to this Regulation sh all comply with its requirements prior to initiation of activity.

D.3 The BLM and BP shall each comply w ith the following compliance schedule:

D.3.a Submit a draft dust control plan addressing all applicable portions of this Regulation including section F.5 within three (3) months of the adoption date of this rule, to which the APCO shall respond within 60 days;

D.3.b Submit a final dust control plan a ddressing all APCO comments within two (2) months after receiving APCO’s comments, which the APCO shall

transmit to CARB and U.S. EPA for 45-day review and comment;

D.3.c Implement all final dust control plan elements within six (6) months of submittal; and

D.3.d Submit an updated dust control plan every two calendar years by the procedures described in D.3.a to D.3.c. The updated plans shall be

transmitted to the District no later than 90 days after the end of the calendar year and, in addition to info rmation required of the initial plan, shall include a summary of actions taken to prevent or mitigate PM10 emissions during the previous two years.Imperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-9 E N V I R O N E. Exemptions

The following activities are exempt fr om provisions of this Regulation:

E.1 Actions required by the Federal or St ate Endangered Species Act or any order issued by a court or governmental agency.

E.2 Off-Field Agricultural Sources necessa ry to minimize or respond to adverse effects on agricultural crops caused during freezing temperatures as declared by

the National Weather Service. Any operation already under Air Pollu tion Control District permit with requirements for PM

- 10 control, provided the control of fugitive PM

- 10 emissions is at least as stringe nt as required by this Regulation.

E.3 Agricultural operations including the growing, harves ting, tilling, cultivating and post harvesting of crops, or the raising of animals, fowl, or bees excepting the vehicle transportation, and vehicle hauling or other movement of the crops, animals, fowl or bees resulting from su ch operations and ingress to and egress

from Paved Roads.

E.4 3 Non-routine or emergency maintenance of flood control channels and water spreading basins.

E.5 Paved and unpaved driveways serving single family resi dential dwellings.

E.6 4 Any emergency operation and/or law enforcement activities performed to ensure public health and safety. Emergency activit ies lasting more than 30 days shall be subject to this Regulation, except where compliance would limit the effectiveness of the emergency activity performed to ensure public health and safety.

E.7 Outdoor storage or handling of organic or inorganic fertilizer , grains, seed and

feed ) which would be damaged by wetting.

E.8 5 Blasting operations permitted by the Calif ornia Division of Industrial Safety. Other activities performed in conjuncti on with blasting are not exempt from complying with the provisions of this rule.

E.9 6 The Recreational Use of public lands covered by the most recent BLM dust control plan that complies with Rule 800 , including but not limited to Off-Road Vehicles, all-terrain vehicles, trucks , cars, motorcycles, motorbikes or motorbuggies.Imperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-10 E N V I R O N E.7 Military training activitie s conducted by the Department of Defense including but not limited to: (1) military Tactical Traini ng, (2) maintenance, repair, and removal of targets and munitions associated with military Tactical Training, (3) open areas on active military ranges, including but not limited to designa ted impact areas, landing zones, and bivouac areas. Other act ivities performed in conjunction with military Tactical Training are not exempt from complying with the provisions of

this rule.

F. General Requirements

F.1 Materials used for Chemical Stabilizat ion of soils, includi ng petroleum resins, asphaltic emulsions, acrylics, and adhesive s shall not violate State Water Quality

Control Board standards for use as a soil stabilizer. Materials accepted by the California Air Resources Board (ARB) and the United States Environmental Protection Agency (EPA), and which meet State water quality standards, shall be considered acceptable to the ICAPCD.

F.2 Any material prohibited for use as dust Suppressant by EPA, the ARB, or other applicable law, rule, or regulation is also prohibited under Regulation VIII.

F.3 Use of hygroscopic materials may be pr ohibited by the APCD in areas lacking sufficient atmospheric moisture of soil fo r such materials to effectively reduce Fugitive Dust emissions. The atmospheric moisture of soil is considered to be sufficient if it meets the application specifications of the hygroscopic product

manufacturer. Use of such material s may be approved in conjunction with sufficient wetting of the controlled area.

F.4 Any use of dust Suppressants or gravel pads, and paving materials such as asphalt or concrete for paving, shall comply with other applicable District Rules.

F.5 Bureau of Land Management (BLM) Requirements

The BLM shall prepare a dust control plan to minimize PM10 emissions for

sources under the control of BLM. The dust control plan shall include at a minimum the following:

F.5.a A stipulation that all new authorizations for point and area stationary

emission sources obtain al l necessary permits and satisfy all applicable SIP provisions, including projec t- or activity- specific BACM;

F.5.b A summary of: the total miles of BL M roads that are paved, paved with unpaved shoulders, and unpaved roads w ith 50 or more average vehicle trips per day, including length and leve l of usage of each such road; the priority for control of road segmen ts based on annual and episodic (e.g. event) usage; the plans for control of PM-10 emissions from these roads; the location and extent (e.g. acreage) of open areas disturbed by legal andImperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-11 E N V I R O N illegal Recreational Use; the priority for control of these open areas based on annual and episodic (e.g. event) usag e; the plans for control of PM-10 emissions from these areas;

F.5.c BLM must demonstrate in its dust control plan that Unpaved Roads, parking, and Open Areas are controlled pursuant to the applicability and requirements of Rules 804 and 805 except where measures are demonstrated by BLM to be prohibited by federal or state laws, regulations, or approved plans con cerning wilderness preservation and species management and recovery.

F.5.d Where compliance with any control measure in Rules 804 and 805 is prohibited pursuant to F.5.c, the dus t control plan must discuss and commit to implement other possible control measures, such as vehicle speed limits.

F.5.e The dust control plan must describe all PM-10 control measures that will be implemented, such as restricted use areas, stabilization of Unpaved Traffic Areas and current RAMP measures, to reduce PM10 emissions during off-road events and/or competit ions on public land and include all

those measures that are feasible and not prohibited by the laws, regulations and plans described in F.5.c;

F.5.f Use BLM-standard road design a nd drainage specifications when maintaining existing roads or authoriz ing road maintenance and new road construction; and

F.5.g Include public educational information on reducing PM-10 emissions with BLM open area literature (e.g. identification of re stricted areas and/or applicable speed limits) and on related information signs in heavily used

areas.

F.6 . Border Patrol (BP) Requirements

The BP shall prepare a dust control plan designed to minimize PM10 emissions

from sources under the control of the BP . The dust control plan shall include

those dust control measures found in Rules 804 and 805 that are not inconsistent with the BP’s authority and/or mission. The dust control plan shall include the following fugitive dust control measures:Imperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-12 E N V I R O N F.6.a A stipulation that all new authorizations for point and area stationary

emission sources obtain al l necessary permits and satisfy all applicable SIP provisions, including project-or activity- specific BACM;

F.6.b Implement alternatives to tire-dragging that result in fewer PM10 emissions, when such alternatives ar e consistent with the monitoring of immigration across the U. S.-Mexico border; and

F.6.c Control dust emissions from certain Unpaved Roads and routes owned or operated by the BP as identified through general BP planning consistent

with Rule 805 unless thos e dust control measures are demonstrated to be

inconsistent with BP authority and/or mission.

F. Requ irements

F.1 Any Person who engages in any Active Oper ations identified in Section F of this rule shall provide for the implementation and maintenance of applicable RACM s , unless the implementation of such RACM endangers or could endanger the health

or s afety of the public.

F.2 Track Out/Carry Out: Any Person who cau ses the deposition of Bulk Material by tracking out or carrying out onto a Paved Road surface shall apply one or more applicable RACM to prevent or mitigate such deposition.

F.3 Unpaved Hau l/Access Roads: No Person shall cause, suffer or allow the operation, use, or maintenance of any Unpaved Haul/Access Road of more than 1⁄2 mile in length at any work site without applying one or more appropriate so as

to affect at least 15% of the total r oad surface(s) or apply one or more RACM so

as to achieve a level of control that is equivalent to 100% control of emissions

from 15% of the tota l unpaved surface(s).

F.4 Unpaved Roads: All Persons who cause, suffer or allow the operation, use or

mainte nance of any Unpaved Road, greater th an 3/4 mile in length, and with 20.0 or more average VMT per mile per da y shall apply one or more appropriate

RACM as to affect at least 15% of the to tal road surface(s) or apply one or more

RACM so as to achieve a le vel of control that is equi valent to 100% control of

emissions from 15% of th e total unpaved surface(s).

F.5 Bulk Material Handling: No Person shall cause, suffer, allow or engage in any Bulk Material handling ope ration including, but not li mited to, storage, stacking, loading, unloading, conveying and reclaiming of Bulk Material, for industrial or commercial purposes without applying one or more appropriate RACM.Imperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-13 E N V I R O N F.6 Material Transport: No Person shal l cause, suffer, allow or otherwise engage in the transportation of Bulk Materials for industrial or commercial purposes, without applying one or more appropriate RACM.

F.7 Haul Trucks: No Person shall cause, suffer, allow or otherwise engage in the use or operation of any Haul Truck, for industrial or commercial purposes, of transporting or storing Bulk Material without applying one or more appropriate

RACM.

G. Administrative Requirements

G.1 Test Methods

G.1.a Determination of VDE Opacity

Opacity observations to determine compliance with VDE standards shall be conducted in accordance with the test procedures for “Visual Determination of Opacity” as descri bed in Appendix A of this rule. Opacity observations for sources other than unpaved traffic areas (e.g., roads, parking areas) sha ll be conducted per Section B of Appendix A and shall require 12 readings at 15-second intervals.

G.1.b Determination of Stabilized Surface

Observations to determine compliance with the conditions specified for a stabilized surface, in any inactive disturbed surface area, whether at a work site that is under construction, at a work site that is temporarily or permanently inactive, or on an open area and vacant lot, shall be

conducted in accordance with the test methods described in Appendix B of

this rule. If a disturbe d surface area passes any of the specified tests, then

the surface shall be considered stabilized.

G.1.c Determination of Soil Moisture Content

Soil moisture content shall be de termined by using ASTM Method D2216- 98 (Standard Test Method for Labor atory Determination of Water [Moisture] Content of Soil and Rock by Mass), or other equivalent test methods approved by the EPA, ARB, and the APCO.

G.1.d Determination of Silt Content for Bulk MaterialsImperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-14 E N V I R O N Silt content of a Bulk Material shall be determined by ASTM Method C136a (Standard Test Method for Siev e Analysis of Fine and Coarse Aggregates), or other equivalent te st methods approved by EPA, ARB,

and the APCD.

G.1.e Determination of Silt Conten t for Unpaved Roads and Unpaved Vehicle/Equipment Traffic Areas

Silt Content for Unpaved Roads and Unpaved Traffic Areas shall be determined by using Section C of A ppendix B of this Rule or other equivalent test methods approve d by EPA, ARB, and the APCO.

G.1.f Determination of Threshol d Friction Velocity (TFV)

TFV shall be determined by using S ection D of Appendix B of this Rule or other equivalent test methods approved by EPA, ARB, and the APCO.

G . Record of Control Implementation

Any Person engaged in any Active Operation subject to this Regul ation VIII shall maintain records of RACM sufficient to establish location, type and date of treatment. Records shall be maintained and be readily a ccessible for two years after the date of each entry and shall be provided to the APCD upon request and sha ll be open for inspection during unscheduled audits during normal business hours.

Persons who opt for the equivale ncy control in secti ons F.3 and/or F.4 must keep records to include equivalency formulas or factor s with at least one sample calculation.

H . Record of Control Implementation

Any Person subject to the require ments of this rule shall compile and retain records that provide evidence of control measure applicat ion and compliance with this rule (i.e., receipts and/or purchase records). Such Person shall describe, in the records, the type of treatment or control measure, extent of coverage, and date applied. For control measures which require multiple daily applications, recording the frequency of application will fulfill the recordkeeping requirements of this rule (i.e., water being applied three times a day and the date) Records shall be maintain ed and be readily accessible for two years after the date of each entry and shal l be provided to the APCD upon request.Imperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-15 E N V I R O N H I . Violations

Failure to comply with any of the provisions of this Regulation shall constitute a violation of this Regulation. Failure to comply with the provisions of an APCO approved dust control plan shall also constitute a violation of this Regulation. Regardless of whether an APCO approved dust control pl an is being implemented or not, or whether a Person responsible for an Active Operat ion(s) is complying with an approved dust control plan, the Person is still subject to the requi rements of Regulation VIII at all times.

I. Reaso nably Available Control Measures for Fugitive Dust (PM

- 10)

I.1 UNPAVED HAUL AND ACCESS ROADS:

I.1.a Pave.

I.1.b Apply Physical/Chemical Stabili zation as directed by product manufacturer to control dust on Unpaved Roads.

I.1.c Apply Gravel, recru shed/recycled asphalt or ot her material of low Silt (<5%) content to a depth of three or more inches.

I.1.d Wetting. Apply water one or more times daily.

I.1.e Permanent road closure.

I.1.f Reduce vehicle speeds by 50%.

I.1.g Reduce vehicle t rips by 50%.

I.2 UNPAVED ROADS:

I.2.a Pave.

I.2.b Apply Physical/Chemical Stabil ization, as directed by product manufacturer to control dust on Unpaved Roads.

I.2.c Apply Gravel, recrushed/recycled aspha lt or other material of low Silt (<5%) content to a depth of three or more inches.

I.2.d Reduce vehicle speeds by 50% .

I.2.e Reduce number of vehicle trips by 50%.

I.2.f Wetting. Apply water one or more times daily. I.2.g Stocking of Triploid Grass Carp in canals to reduce maint enance vehicle trips along Canal Banks to mechan ically remove aquatic weeds.Imperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-16 E N V I R O N I.2.h Installation of remote control delivery gates to eliminate manual gate operation by maintenance personnel in vehicles along Canal Banks.

I.2.i Implement policies and t raining to emphasize:

I.2.i.1 regulated use of field

- side Canal Banks for agricultural equipment parking/storage and agricultural commodity storage;

I.2.i.2 reduced speed along Canal Banks;

I.2.i.3 minimal use of Canal Banks for access to canal g ate structures;

I.2.i.4 when feasible, restrict vehicl e travel along Canal Bank to one side (opposite of field

- side Canal Bank).

I.2.j Implement Silt removal program to emphasize delaying grading of spoil piles deposited on Canal Bank after cleaning oper ations until the next cleaning operation to eliminate vehicle access to Canal Bank.

I.2.k Permanent road closure

.

I.2.l Conversion of open canals to pipeline.

I.2.m Lining canals to eliminate main tenance for Silt/weed control.

I.2.n Canal Bank surface maintenance.

I.3 TRACK OUT/CARRY OUT:

I.3.a Rapidly clean up, within 48 hours of deposition, any Bulk Material

tracked out or carried out onto a Paved Road surface.

I.3.b Install one or more Track

- Out Prevention Device s or other APCO

app roved track out control device or wa sh down system at access points where unpaved traffic surfaces adjoin Paved Roads.

I.3.c Pave, Chemically Stabilize, or Grav el (using Gravel or other low Silt (<5%) content material), 50 or more consecutive feet at ac cess points where Unpaved Roads adjoin Paved Roads.Imperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-17 E N V I R O N I.4 BULK MATERIAL HANDLING/TRANSFER:

I.4.a Spray with water 15 minutes prior to handling and/or at points of transfer.

I.4.b Chemical/Physical Stabilization.

I.4.c Protect from wind erosion by sheltering or enclosing the operation and

transfer line.

I.5. MATERIAL TRANSPORT/HAULING:

I.5.a Completely cover or enclose all Ha ul Truck loads of Bulk Material.

I.5.b Haul Trucks transporting loads of Aggregate Materials shall not be required to cover their loads if the load, where it contacts the side, front, and back of the cargo container area remains six inches from the upper area of the container area, and if th e load does not extend, at its peak, above any part of the upper edge of the ca rgo container area (As defined in

Section 23114 of the California Vehicl e Code for both public and private roads).

I.5.c The cargo compartment(s) of all Haul Trucks are to be constructed and maintained so that no spillage and loss of Bulk Material can occur from holes or other openings in the cargo compartment's floor, side, and/or tailgate. Seals on any openings used to empty the load including, but not limited to, bottom

- dump release gates and ta ilgates to be properly maintained to prevent the loss of Bulk Material from those areas.

I.5.d The cargo compartment of all Haul Trucks are to be cleaned and/or washed at delivery site after removal of Bulk Material.

J. Calexico/Mexicali Cross

- Border Source Apportionment Study

A PM

- 10 monitoring program was completed in 1993 along th e border between Imperial Valley California and the Mexicali Valley, Baja California, Mexico to determine the major contributors to PM

- 10 and to determine how much was contributed by transport across the international boundary . This study was funded by the U.S. Environmental Protection Agency and conducted by the Univers ity of Nevada, Desert Research Institute Energy and Environmental Engin eering Center. This study is expected to be published in final form by the end of the f irst quarter of 1995. The Imperial County Air Pollution Control District (ICAPCD) will conduct a work shop on the study within thirty days of the formal publication date for the purpose of receiving public input on the results and

recommendations contained therein. The comments received at that workshop and this Regulation will be reviewed by APCD staf f and recommendations forwarded to the

ICAPCD Board of Directors.

K. RACM implementationImperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-18 E N V I R O N Reasonably Available Control Measur e (RACM) implemented since the d ate of adoption of the State Implementation Plan (SIP) for PM

- 10 in the Imperial Valley (September 28, 1993) can be included as a portion of any amount of PM

- 10 control required in this Regulation.Imperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-19 E N V I R O N APPENDIX A Visual Determination of Opacity

SECTION A Test Method For Unpaved Roads and Unpaved Traffic Areas

SECTION B Test Method For Time-Averaged Regulations

SECTION A TEST METHOD FOR UNPAVED ROADS AND UNPAVED TRAFFIC

AREAS

A. Opacity Test Method. The purpose of this test method is to estimate the percent opacity of Fugitive Dust plumes caused by vehicle movement on Unpaved Roads and Unpaved Traffic Areas. This method can only be c onducted by an individu al who has current certification as a qualified observer.

A.1 Step 1: Stand at least 16.5 feet from the fugitive dust source in order to provide a

clear view of the emissions w ith the sun oriented in the 140° sector to the back. Following the above requirements, make opacity observations so that the line of vision is approximately perpendicular to the dust plume and wind direction. If multiple plumes are involved, do not incl ude more than one plume in the line of sight at one time.

A.2 Step 2: Record the Fugitive Dust sour ce location, source type , method of control used, if any, observer’s name, certification data and affiliation, and a sketch of the observer’s position relative to the Fugitiv e Dust source. Also, record the time, estimated distance to the Fugitive Dust source location, approximate wind direction, estimated wind speed, description of th e sky condition (presence and color of clouds), observer’s position to the Fugitive Dust source, and color of the plume and type of background on the visible emissi on observation form both when opacity readings are initiated and completed.

A.3 Step 3: Make opacity observations, to the extent possible, using a contrasting background that is perpendicu lar to the line of vision. Make opacity observations approximately 1 meter above the surface from which the plume is generated. Note

that the observation is to be made at only one visual poin t upon generation of a plume, as opposed to visually tracking th e entire length of a dust plume as it is created along a surface. Make two observations per vehicle, beginning with the first reading at zero seconds and the s econd reading at five seconds. The zerosecond observation should begin immediately after a plume has been created above

the surface involved. Do not look conti nuously at the plume but, instead, observe the plume briefly at zero seconds and then again at five seconds.Imperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-20 E N V I R O N A.4 Step 4: Record the opacity observations to the nearest 5% on an observational record sheet. Each momentary observation recorded represents the average opacity of emissions for a 5-second period. While it is not required by the test method,

EPA recommends that the observer estimate the size of the vehicl es which generate dust plumes for which readings are taken (e .g. mid-size passenge r car or heavy-duty truck.) and take the approximate speeds the vehicles are traveling when the readings are being taken.

A.5 Step 5: Repeat Step 3 (Section A.3. of this appendix) and Step 4 (Section A.4. of this appendix) until you have recorded a total of 12 cons ecutive opacity readings. This will occur once six vehicles have driven on the source in your line of observation for which you are able to take proper readings. The 12 consecutive readings must be taken within the same period of observation but must not exceed 1 hour. Observations immediately preceding and following interrupted observations

can be considered consecutive.

A.6 Step 6: Average the 12 opacity readings together. If the average opacity reading equals 20% or lower, the source is in compliance with the opacity standard described in the applicable rule.

SECTION B TEST METHOD FOR VISUAL DETERMINATION OF OPACITY OF

EMISSIONS FROM SOURCES FO R TIME-AVERAGED REGULATIONS

B. Applicability. This method is applicable for the determination of th e opacity of emissions

from sources of visible emissions for tim e-averaged regulations. A time-averaged regulation is any regulation that requires aver aging visible emission data to determine the opacity of visible emissions over a specific time period.

B.1 Principle. The opacity of emissions from sources of visible emissions is determined visually by a qualified observer who has received certification.

B.2 Procedures. A qualified observer who has been certified shall use the following procedures for visually determining the opacity of emissions.Imperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-21 E N V I R O N B.2.a Position. Stand at a position at least 5 meters from the Fugitive Dust source n order to provide a clear vi ew of the emissions with the sun

oriented in the 140° sector to the b ack. Consistent as much as possible with maintaining the above requirements, make opacity observations from a position such that the line of sight is approximately perpendicular to the plume and wind direction. The obse rver may follow the Fugitive Dust plume generated by mobile earthmoving equipment, as long as the sun

remains oriented in the 140° sector to the back. As much as possible, if multiple plumes are involved, do not include more than one plume in the line of sight at one time.

B.2.b Field Records. Record the name of the site, Fugitive Dust source type (i.e., pile, material handling (i.e., tr ansfer, loading, sorting)), method of control used, if any, observer’s name , certification data and affiliation,

and a sketch of the observ er’s position relative to the Fugitive Dust source. Also, record the time, estimated distance to the Fugitive Dust source location, approximate wind direction, estimated wind speed, description of the sky condition (presence and colo r of clouds,) observer’s position relative to the fugitive dust source, and color of the plume and type of the background on the visible emission observation form when opacity readings are initiated and completed.

B.2.c Observations. Make opacity observations, to the extent possible, using a contrasting background that is perpe ndicular to the line of sight. For storage piles, make opacity observati ons approximately 1 meter above the surface from which the plume is gene rated. For extraction operations and the loading of haul trucks in open-pit mines, make opacity observations approximately one meter above the rim of the pit. The initial observation should begin immediately after a plume has been created above the surface involved. Do not look continuously at the plume, but instead observe the plume momentarily at 15-second intervals. For Fugitive Dust from Earthmoving equipment, make op acity observations approximately 1 meter above the mechanical equipment generating the plume.Imperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-22 E N V I R O N B.2.d Recording Observations. Record th e opacity observations to the nearest 5% every 15 seconds on an observati onal record sheet. Each momentary observation recorded represents the average opacity of emissions for a 15- second period. If a multiple plume exis ts at the time of an observation, do not record an opacity reading. Mark an “x” for that reading. If the equipment generating the plume travels outside of the field of observation, resulting in the inability to maintain the orientation of the sun within the 140° sector or if the equipment ceases operating, mark an “x” for the 15 – second interval reading. Readings identified as “x” shall be considered interrupted readings.

B.2.e Data Reduction For Time-Averaged Regul ations. For each set of 12 or 24 consecutive readings, calculate the appr opriate average opacity. Sets must

consist of consecutive observations , however, readings immediately preceding and following interrupted read ings shall be deemed consecutive and in no case shall two sets overlap , resulting in multiple violations.Imperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-23 E N V I R O N APPENDIX B

Determination of Stabilization

SECTION A Test Methods for Determining Stabilization

SECTION B Visible Crust Determination

SECTION C Determination of Silt Content for Unpaved Roads and Unpaved Vehicle/Equipment Traffic Areas

SECTION D Determination of Threshold Friction Velocity

SECTION E Determination of Flat Vegetative Cover

SECTION F Determination of Standing Vegetative Cover

SECTION G Rock Test Method

SECTION A TEST METHODS FOR DETERMINING STABLIZATION

The test methods described in Section B thr ough Section G of this a ppendix shall be used

to determine whether an area has a Stabilized Surface. Should a disturbed area contain more than one type of disturbance, soil, ve getation, or other characteristics, which are visibly distinguishable, test each representative surface separate ly for stability, in an area that represents a random portion of the overa ll disturbed conditions of the site, according to the appropriate test methods in Secti on B through Section G of this appendix, and

include or eliminate it from the total si ze assessment of disturbed surface area(s) depending upon test method results.

SECTION B VISIBLE CRUST DETERMINATION

B.1 Where a visible crust exists, drop a steel ba ll with a diameter of 15.9 millimeters (0.625 inches) and a mass ranging from 16-17 grams from a distance of 30 centimeters (one foot) directly above (at a 90° angle perpendicular to ) the so il surface. If blowsand is present, clear the blowsand from the surfaces on which the visible crust test method is

conducted. Blowsand is define d as thin deposits of loos e uncombined grains covering

less than 50% of a site whic h have not originated from the representative site surface being tested. If material cove rs a visible crust, which is not blowsand, apply the test method in Section D of this appendix to th e loose material to determine whether the

surface is stabilized.

B.2 A sufficient crust is defined under the fo llowing conditions: once a ball has been dropped according to section B.1 of this appendix, the ba ll does not sink into the surface, so that it is partially or fully surrounded by loose gr ains and, upon removing the ball, the surface upon which it fell has not been pulverized, so that loose grains are visible.Imperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-24 E N V I R O N B.3 Drop the ball three times within a survey area that measures 1 foot by 1 foot and that represents a random portion of the overall dist urbed conditions of the site. The survey area shall be considered to have passed the Vi sible Crust Determination Test if the results of at least two out of the three times that the ball was dropped, met the criteria in section B.2 of this appendix. Select at least two other survey ar eas that represent a random portion of the overall disturbed conditions of the site, and repeat this procedure. If the

results meet the criteria of section B.2 of this appendix for all of th e survey areas tested,

then the site shall be considered to have passed the Visible Crust Determination Test and shall be considered sufficiently crusted.

B.4 At any given site, the existe nce of a sufficient crust coveri ng one portion of the site may not represent the existence or protectiveness of a crust on another portion of the site. Repeat the visible crust test as often as necessary on each random portion of the overall

conditions of the site for an accurate assessment.

SECTION C DETERMINATION OF SILT C ONTENT FOR UNPAVED ROADS AND UNPAVED VEHICLE/EQUIPMENT TRAFFIC AREAS

The purpose of this test method is to estimate the silt content of th e trafficked parts of Unpaved Roads and Unpaved vehicle/equipm ent Traffic Areas. The higher the Silt content, the more fine dust particles that ar e released when vehicles travel on Unpaved Roads and Unpaved vehicle/equipment Traffic Areas.

C.1 Equipment:

C.1.a. A set of sieves with the following openings: 4 millimeters (mm), 2mm, 1mm, 0.5mm and 0.25 mm, a li d, and collector pan.

C.1.b A small whisk broom or paintbrush with stiff bristles and du stpan 1 ft. in width (the broom/brush should preferably have one, thin row of bristles no longer than 1.5 inches in length.)

C.1.c A spatula without holes.

C.1.d A small scale with half-ounce incr ements (e.g., postal/package scale.)

C.1.e A shallow, lightweight container (e.g., plastic storage container.)

C.1.f A sturdy cardboard box or other ri gid object with a level surface. C.1.g A basic calculator.

C.1.h Cloth gloves (optional for handling metal sieves on hot, sunny days.)

C.1.i Sealable plastic bags (if se nding samples to a laboratory.) C.1.j A pencil/pen and paper.

C.2 Step 1: Look for a routinely traveled surf ace, as evidenced by tire tracks. Only collect samples from surfaces that are not damp due to precipitation or dew. This statement is

not meant to be a standard in itself for dampness where watering is being used as a control measure. It is only intended to ensure that surface testing is done in a representative manner. Use caution when taking samples to ensure personal safety with respect to passing vehicles. Gen tly press the edge of a dustpan (1 foot in width) into the

surface four times to mark an area that is 1 s quare foot. Collect a sample of loose surfaceImperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-25 E N V I R O N material into the dustpan, minimizing escape of dust particles. Use a spatula to lift heavier elements such as gravel. Only collect dirt/Gravel to an a pproximate depth of 3/8 inch or 1 cm in the 1 square foot area. If you reach a hard, underlying subsurface that is <3/8 inch in depth, do not continue coll ecting the sample by di gging into the hard surface. In other words, you are only collec ting a surface sample of loose material down to 1 cm. In order to confirm that sample s are collected to a 1cm depth, a wooden dowel or other similar narrow object at least one-f oot in length can be la id horizontally across the survey area while a metric ruler is held pe rpendicular to the dowel. (Optional: At this point, you can choose to place the sample collected into a plastic bag or container and take it to an independent laboratory for silt co ntent analysis. A reference to the procedure the laboratory is required to follow is at the end of this section.)

C.3 Step 2: Place a scale on a level surface. Pl ace a lightweight container on the scale. Zero the scale with the weight of the empty cont ainer on it. Transfer the entire sample collected in the dustpan to the container, mi nimizing escape of dust particles. Weigh the sample and record its weight.

C.4 Step 3: Stack a set of sieves in order according to the size openings specified above, beginning with the largest size opening (4 mm) at the top. Pl ace a collector pan underneath the bottom (0.25mm) sieve.

C.5 Step 4: Carefully pour the sample into the sieve stack, minimizing escape of dust particles by slowly brushing material into the stack with a whiskbroom or brush. On windy days, use the trunk or door of a vehicle as a wind barrier. Cover the stack with a lid. Lift up the sieve stack and shake it vigor ously up and down and sideways for at least

1 minute.

C.6 Step 5: Remove the lid from the stack a nd disassemble each sieve separately, beginning with the top sieve. As you remove each sieve, examine it to make su re that all of the

material has been sifted to the finest si eve through which it can pass (e.g., material in each sieve (besides the top sieve that captures a range of larger elements) should look the same size.) If this is not the case, re-stack the sieves and collector pan, cover the stack with the lid, and shake it again for at leas t 1 minute. You only need to reassemble the sieve(s) that contain material , which require further sifting.

C.7 Step 6: After disassembling the sieves and co llector pan, slowly sweep the material from the collector pan into the empty container orig inally used to collect and weigh the entire sample. Take care not to minimize escape of dust particles. Y ou do not need to do anything with material captured in the si eves – only the collector pan. Weigh the

container with the materials from the collector pan and record its weight.

C.8 Step 7: If the source is an unpaved roa d, multiply the resulting weight by 0.38. If the source is an Unpaved vehicle/equipment Traffic Area, multiply the resulting weight by 0.55. The resulting number is the estimated silt loading. Then, divide the total weight of the sample you recorded earlier in Step 2 (S ection C.4) and multiply by 100 to estimate the percent Silt content.Imperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-26 E N V I R O N C.9 Step 8: Select another two routinely travel ed portions of the Unpaved Road or Unpaved vehicle/equipment Traffic Area and repeat th is test method. Once you have calculated the silt loading and percent silt content of the 3 samples collecte d, average your results together.

C.10 Step 9: Examine Results. If the aver age silt loading is less than 0.33 oz/ft 2 , the surface is STABLE. If the average silt loading is grea ter than or equal to 0.33 oz/ft 2 , then proceed to examine the average percent Silt content. If the source is an Unpaved Road and the average percent Silt content is 6% or less, the surface is STAB LE. If the source is an unpaved parking lot and the average percent S ilt content is 8% or less, the surface is STABLE. If your field test results are within 2% of the standard (for example, 4%-8% Silt content on an Unpaved Road) it is recommended that you collect 3 additional samples from the source according to Step 1 (section C.2) and take them to an independent laboratory for Silt content analysis.

C.11 Independent Laboratory Analysis: You may choose to collect samples from the source, according to Step 1 (section C.2) and send th em to an independent laboratory for Silt content analysis rather than conduct the sieve field procedure. If so, the test method the laboratory is required to use is: “Procedures For Laboratory Analysis for Surface/Bulk Dust Loading Samples,” (Fifth Edition, Volume 1, Appendix C.2.3 “Silt Analysis,” 1995,) AP-42, Office of Air Quality Planni ng & Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina.

SECTION D DETERMINATION OF THRESHOL D FRICTION VELOCITY (TFV)

For disturbed surface areas that are not cruste d or vegetated, determine threshold friction velocity (TFV) according to the following sieving field procedure (based on a 1952 laboratory procedure published by W.S. Chepil).

D.1 Obtain and stack a set of sieves with th e following openings: 4 millimeters (mm), 2 mm, 1 mm, 0.5 mm, and 0.25 mm or obt ain and stack a set of st andard/commonly available sieves. Place the sieves in order according to size openings, beginning with the largest size opening at the top. Place a collector pan underneath the bottom (0.25 mm) sieve. Collect a sample of loose surface material from an area at least 30 cm by 30 cm in size to a depth of approximately 1 cm using a brush and dustpan or other si milar device. Only collect soil samples from dry surfaces (i.e. wh en the surface is not damp to the touch). Remove any rocks larger than 1 cm in diameter from the sample. Pour the sample into the top sieve (4 mm opening) and cover the si eve/collector pan unit w ith a lid. Minimize escape of particles into the air when transfer ring surface soil into the sieve/collector pan unit. Move the covered sieve/collector pa n unit by hand using a broad, circular arm motion in the horizontal plane. Complete tw enty circular arm move ments, ten clockwise and ten counterclockwise, at a speed just ne cessary to achieve some relative horizontal motion between the sieves and the particles. Remove the lid from the sieve/collector pan unit and disassemble each sieve separately be ginning with the largest sieve. As each sieve is removed, examine it for loose particles. If loose particles have not been sifted to the finest sieve through which they can pass, reassemble and cover the sieve/collector panImperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-27 E N V I R O N unit and gently rotate it an additional ten ti mes. After disassembling the sieve/collector pan unit, slightly tilt and gently tap each si eve and the collector pan so that material aligns along one side. In doing so, minimize escap e of particles into the air. Line up the sieves and collector pan in a row and visibly inspect the relative quantities of catch in order to determine which sieve (or whether the collector pan) contains the greatest

volume of material. If a visual determina tion of relative volumes of catch among sieves is difficult, use a graduated cylinder to meas ure the volume. Estimate TFV for the sieve catch with the greatest volume using Tabl e 1 of this appendix, which provides a correlation between sieve opening size and TFV.

Table 1. Determination of Thre shold Friction Velocity (TFV)

Tyler Sieve No. ASTM 11

Sieve No. Opening (mm) TFV (cm/s)

5 5 4 135

9 10 2 100

16 18 1 76

32 35 0.5 58

60 60 0.25 43

Collector Pan

--- --- 30

D.2 Collect at least three soil samples which represent random portions of the overall conditions of the site, repeat the above TFV test method for each sample and average the resulting TFVs together to determine the TFV uncorrected for non erodible elements.

Non-erodible elements are distinct elemen ts, in the random portion of the overall conditions of the site, that are larger than 1 cm in diameter, remain firmly in place during a wind episode, and inhibit soil loss by consuming Section of the shear stress of the wind.

Non-erodible elements include stones and bulk surface material but do not include flat or standing vegetation. For surfaces with non-er odible elements, determ ine corrections to the TFV by identifying the fraction of the survey area, as viewed from directly overhead, that is occupied by non-erodibl e elements using the following pr ocedure. Select a survey area of 1 meter by 1 meter that represents a random portion of the overall conditions of the site. Where many non-erodible elements li e within the survey area, separate the nonerodible elements into groups according to size. For each group, calculate the overhead

area for the non-erodible elements acco rding to the following equations:

Average Dimensions = (Average Length) x ( Average Width) Eq. 1

Overhead Area = (Average Dimensions) x (Number of Elements) Eq. 2Imperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-28 E N V I R O N Total Overhead Area = Overhead Area Of Group 1 + Overhead Area of Group 2 (etc) Eq. 3

Total Frontal Area =

Total Overhead Area/2 Eq. 4

Percent Cover of Non-Erodible Elements =

(Total Frontal Area/Survey Area) x 100 Eq. 5

Note: Ensure consistent units of measurements (e.g., square meters or square inches when calculating percent cover).

Repeat this procedure on an additional two distinct survey areas that represent a random portion of the overall conditions of the site and average the results. Use Table 2 of this appendix to identify the correction factor fo r the percent cover of non-erodible elements. Multiply the TFV by the corresponding correctio n factor to calculate the TFV corrected

for non-erodible elements.

Table 2. Correction Factors fo r Threshold Friction Velocity

Percent Cover of Non-Erodible Elements Correction Factor Greater than or equal to 10% 5 Greater than or equal to 5% and less than 10% 3 Less than 5% and greater than or equal to 1% 2

Less than 1% None

SECTION E DETERMINATION OF FLAT VEGETATIVE COVER

Flat vegetation includes attached (rooted) vegetation or unattached vegetative debris lying on the surface with a predominant horizontal orientation that is not subject to movement by wind. Flat vege tation, which is dead but firmly attached, shall be considered equally protective as live vegetati on. Stones or other aggregate larger than 1

centimeter in diameter shall be considered protective cover in the course of conduction

the line transect test method. Where flat vegetation exists c onduct the following line

transect test method.

E.1 Line Transect Test Method. Stretch a 100 foot measuring tape across a survey area that represents a random portion of th e overall conditions of the site. Firmly anchor both ends of the measuring tape into the surface using a tool such as a screwdriver, with the tape stretched taut and close to the soil surface. If vegetation exists in regular rows, place theImperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-29 E N V I R O N tape diagonally (at approximately a 45° angl e) away from a parallel or perpendicular position to the vegetated rows. Pinpoint an ar ea the size of a 3/32 inch diameter brazing

rod or wooden dowel centered above each 1 f oot interval mark along one edge of the tape. Count the number of times that flat vegetation lies dire ctly underneath the pinpointed area at 1 foot intervals. Cons istently observe the underlying surface from a 90° angle directly above each pinpoint on one side of the tape. Do not count the underlying surface as vegetated if any portion of the pinpoint extends beyond the edge of the vegetation underneath in any direction. If clumps of ve getation or vegetative debris lie underneath the pinpointed area, count the surface as ve getated, unless bare soil is visible directly below the pi npointed area. When 100 observations have been made, add together the number of times a surface was coun ted as vegetated. This total represents the percent of flat vegetations cover (e .g., if 35 positive counts were made, then vegetation cover is 35%.) If the survey area that represents a random portion of the

overall conditions of the site is too small for 100 observations, make as many observations as possible. Then multiply the count of vegetated surface areas by the appropriate conversion factor to obtain percent cover. Fo r example, if vegetation was

counted 20 times within a total of 50 obs ervations, divide 20 by 50 and multiply by 100 to obtain a flat vegetation cover of 40%.

E.2 Conduct the line transect test method, as desc ribed in section E.1 of this appendix, an

additional two times on areas th at represent a random portion of the overall conditions of the site and average results.

SECTION F DETERMINATION OF STAN DING VEGETATIVE COVER.

Standing vegetation includes ve getation that is attached (rooted) with a predominant vertical orientation. Standing vegetation, wh ich is dead but firmly rooted, shall be considered equally protective as live vegetation. Conduct th e following standing vegetation test method to determine if 30% cove r or more exists. If the resulting percent

cover is less than 30% but e qual to or greater th an 10%, then conduct th e test in Section D; “Determination Of Threshold Friction Veloci ty (TFV,) of this appendix in order to determine if the site is stabilized, such that the standing vegetation cover is equal to or greater than 10%, where thresh old friction velocity, correcte d for non-erodible elements, is equal to or greater than 43cm/second.

F.1 For standing vegetation that c onsists of large, separate ve getative structur es (e.g., shrubs and sagebrush,) select a survey area that represents a random portion of the overall conditions of the site that is the shape of a s quare with sides equal to at least 10 times the average height of the vegetative structures . For smaller standing vegetation, select a survey area of three feet by three feet.

F.2 Count the number of standing vegetative st ructures within the survey area. Count vegetation, which grows in clumps as a single unit. Where different types of vegetation exist and/or vegetation of different height and width exists, separate the vegetative

structures with similar dimensions into groups. Count the number of vegetative structures in each group within the survey ar ea. Select an individual structure withinImperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-30 E N V I R O N each group that represents the average height and width of the vegetation in the group. If the structure is dense (e.g., when looking at it vertically from ba se to top there is little or zero open air space within its perimeter,) calculate and record its frontal silhouette area, according to Equation 6 of this appendix. Al so, use Equation 6 of this appendix to estimate the average height and width of the ve getation if the survey area is larger than nine square feet. Otherwise, use the procedure in section F.3 of this appendix to calculate

the frontal silhouette area. Then calculate the percent cover of standing vegetation according to Equations 7, 8, and 9 of this appendix.

Note:

Ensure consistent units of measurement (e.g., square meters or square inches when calculating percent cover.)

F.3. Vegetative Density Factor. Cut a singl e, representative pi ece of vegetation (or consolidated vegetative structure) to within 1cm of surface soil. Using a white paper grid or transparent grid over white paper, lay the ve getation flat on top of the grid (but do not apply pressure to flatten the structure.) Grid boxes of 1 inch or 1⁄2 inch squares are sufficient for most vegetation when conducting th is procedure. Using a marker or pencil, outline the shape of the vegetation along its oute r perimeter, according to Figure B, C, or D of this appendix, as appropr iate. (Note: Figure C differs from Figure D primarily in Frontal Silhouette Area = (Average Height) x (Average Width) Eq. 6

Frontal Silhouette Area Of Group= (Frontal Silhouette Area Of Indi vidual Vegetative Structure) x (Number Of Vegetation Structures Per Group) Eq. 7

Total Frontal Silhouette Area = Frontal Silhouette Area Of Group 1 + Frontal Silhouette Area Of Group 2 (etc.) Eq. 8

Percent Cover Of Standing Vegetation = (Total Frontal Silhouette Area/Survey Area) x 100 Eq. 9

Percent Open Space = [(Number Of Circled Gridlines Within The Outlined Area Counted That Are Not Covered By Vegetation/Total Number Of Gridline Intersections Within The Outlined Area) x 100] Eq.10

Percent Vegetative Density =

100 – Percent Open Space Eq. 11

Vegetative Density = Percent Vegetative Density/100 Eq. 12

Frontal Silhouette Area = [Max. Height x Max. Width] x [Vegetative Density/.04]o.5 Eq. 13Imperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-31 E N V I R O N that the width of vegetation in Figure C is narro w at its base and gradually broadens to its tallest height. In Figure D, the width of the vegetation ge nerally becomes narrower from its midpoint to its tallest heig ht.) Remove the vegetatio n, count and record the total number of gridline intersect ions within the outlined ar ea, but do not count gridline

intersections that connect with the outlined shape. There must be at least 10 gridline

intersections within the outlined area and preferably more than 20, otherwise, use smaller grid boxes. Draw small circles (no greater than a 3/32 inch diameter) at each gridline

intersection counted within the outlined area. Replace the vegetation on the grid within its outlined shape. From a distance of a pproximately 2 feet directly above the grid, observe each circled gridline intersection. Count and record the number of circled gridline intersections that are not covered by any piece of the vegetation. To calculate percent vegetative density, use Equations 10 and 11 of this appendix. If percent vegetative density is equal to or greater than 30, use an equation ( one of the equationsEquations 16, 17, or 18 of this appendix) th at matches the outline used to trace the vegetation (Figure B, C, or D) to calculate its frontal s ilhouette area. If percent vegetative density is less than 30, use Equatio ns 12 and 13 of this appendix to calculate

the frontal silhouette area.

Figure B. Cylinder

Frontal Silhouette Area = Maximu m Height x Maximum Width Eq.16

Figure C. Inverted ConeImperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-32 E N V I R O N Frontal Silhouette Area = Maximum Height x 1⁄2 Maximum Width Eq. 17

Figure D. Upper Sphere

Frontal Silhouette Area = (3.14 x Maximum Height x 1⁄2 Maximum Width)/2 Eq.18

SECTION G ROCK TEST METHOD

The Rock Test Method, which is similar to Section D, Test Methods For StabilizationDetermination Of Threshold Friction Veloc ity (TFV) of this appendix, examines the

wind-resistance effects of rocks and other non -erodible elements on disturbed surfaces. Non-erodible elements are objects larger than 1 centimeter (cm) in diameter that remain firmly in place even on windy days. Typically, non-erodible elements include rocks, stones, glass fragments, and hardpacked cl umps of soil lying on or embedded in the surface. Vegetation does not count as a non-erodible element in this method. The purpose of this test method is to estimate the percent cover of non-erodible elements on a given surface to see whether such elements take up enough space to offer protection against windblown dust. For simplification, the following test method refers to all nonerodible elements as ‘rocks.”

G.1 Select a 1 meter by 1 meter survey area that represents the genera l rock distribution on the surface. A 1 meter by 1 mete r area is slightly greater th an a 3 foot by 3 foot area. Mark-off the survey area by tracing a straight, visible line in the dirt along the edge of a measuring tape or by placing short ropes, yard st icks, or other straight objects in a square around the survey area.

G.2 Without moving any of the rocks or other elements, examine the survey area. Since rocks >3/8 inch (1cm) in diameter are of in terest, measure the diameter of some of the smaller rocks to get a sense of wh ich rocks need to be considered.Imperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-33 E N V I R O N G.3 Mentally group the rocks >3/8 inch (1cm) diam eter lying in the survey area into small, medium, and large size categorie s. Or, if the rocks are all approximately the same size, simply select a rock of average size and typical shape. Without removing any of the rocks from the ground, count the number of rocks in the survey area in each group and write down the resulting number.

G.4 Without removing rocks, select one or two average-size rocks in each group and measure the length and width. Use either metric un its or standard units. Using a calculator, multiply the length times the width of the ro cks to get the average dimensions of the rocks in each group. Write down the results for each rock group.

G.5 For each rock group, multiply the average dimensions (length times width) by the number of rocks counted in the group. Add the results from each rock group to get the total rock area within the survey area.

G.6 Divide the total rock area, calculated in section G.5 of this appendix, by two (to get frontal area.) Divide the resulting number by the size of the survey area (make sure the units of measurement match,) and multiply by 100 for percent rock cover. For example, the total rock area is 1,400 square centimet ers divide 1,400 by 2 to get 700. Divide 700 by 10,000 (the survey area is 1 meter by 1 me ter, which is 100 centimeters by 100 centimeters or 10,000 centimeters) and multiply by 100. The result is 7% rock cover. If rock measurements are made in inches, convert the survey area from meters to inches (1 inch = 2.54 centimeters.)

G.7 Select and mark-off two addi tional survey areas and repeat the procedures described in section G.1 through section G.6 of this appendi x. Make sure the additional survey areas also represent the general rock distribution on the site. Average the percent cover results from all three survey areas to estimat e the average percent of rock cover.

G.8 If the average rock cover is greater than or equal to 10%, the surface is stable. If the average rock cover is less than 10%, follo w the procedures in section G.9 of this appendix.

G.9 If the average rock cover is less than 10% , the surface may or may not be stable. Follow the procedures in Section D.3 Determinati on Of Threshold Friction Velocity (TFV) of

this rule and use the results from the rock te st method as a correction (i.e., multiplication) factor. If the rock cover is at least 1%, such rock cover helps to limit windblown dust. However, depending on the soil’s ability to release fine dust particles into the air, the percent rock cover may or may not be sufficien t enough to stabilize the surface. It is also possible that the soil itself has a high enough TFV to be stable without even accounting

for rock cover.Imperial County Air Pollution Control District Rule 800 October 7, 2005

D R A F T F I N A L E-34 E N V I R O N G.10 After completing the procedures described in Section G.9 of this appendix, use Table 2 of this appendix to identify the appropriate co rrection factor to the TFV, depending on the percent rock cover.Imperial County Air Pollution Control District Rule 801 October 7, 2005

D R A F T F I N A L E-35 E N V I R O N RULE 801. CONSTRUCTION AND EARTHMOVING ACTIVITIES (Adopted -------------)

A. Purpose

The purpose of this rule is to reduce the amount of fine Particulate Matter (PM-10)

entrained in the ambient air as a result of emissions generated from Construction and other Earthmoving Activities by requiring actio ns to prevent, reduce, or mitigate PM-10

emissions.

B. Applicability

This rule applies to any Construction and other Earthmoving Activities, including, but not limited to, land clearing, excavation related to construction, land leveling, grading, cut and fill grading, erection or demolition of an y structure, cutting and filling, trenching, loading or unloading of bulk materials, de molishing, drilling, adding to or removing bulk of materials from open storage piles, weed abatement through disking, back filling, travel

on-site and travel on access ro ads to and from the site.

C. Definitions

The definitions of terms found in Rule 800 (General Requirements for Control of Fine Particulate Matter (PM-10) shall apply to this rule.

D. Exemptions

In addition to the exemptions listed in Rule 800, Section E, the following exemptions are

established for this rule:

D.1 Construction or demolition at existing single family residential dwellings.

D.2 The 20% opacity limit of Sections E.1.a and E.2.b shall not apply when Wind Gusts exceed 25 miles per hour, provided that at least one of the following control measures is implemented for each applicable Fugitive Dust source type:

D.2.a Cease dust generating activities for a period of one hour after Wind Gusts last exceed the threshold. If operations cease for the remainder of the day, stabilization measures must be implemented.

D.2.b Apply water or dust Suppressants once per hour.

D.2.c Apply water to maintain 12% soil moisture content.Imperial County Air Pollution Control District Rule 801 October 7, 2005

D R A F T F I N A L E-36 E N V I R O N D.2.d Construct fences 3-5 feet high with 50% or less porosity, and must be done in conjunction with a nother measure, as above.

E. Requirements

E.1 Construction sites and Earthmoving Activities:

E.1.a All Persons who own or operate a C onstruction site sha ll comply with the requirements of Section F.1 so as to limit VDE to 20% opacity and comply with the conditions for a St abilized Surface when applicable.

E.1.b. All Persons who perform any Eart hmoving Activities shall comply with the requirements of Section F.1 so as to limit VDE to 20% opacity.

E.1.c All Persons who own or operate a Co nstruction site of 10 acres or more in size for residential developments or 5 acres or more for non-residential developments shall develop a dust cont rol plan. The dust control plan shall be made available to the APCD upon request. The dust control plan shall comply with the requirements of Section F.

E.1.d The owner or operator required to develop a dust control plan shall provide written notification to the APCD within 10 days prior to the commencement of any Construction ac tivities via fax or mail. The requirement to develop a dust control pl an shall apply to all such activities

conducted for residential and non-reside ntial (e.g., commercial, industrial, or institutional) purposes or cond ucted by any governmental entity. Regardless of whether a dust control pl an is in place or not the owner or operator is still subject to comply w ith all requirements of the applicable rules under Regulation V III at all times.

F. Best Available Control Measures for Fugitive Dust (PM-10)

F.1 Construction and Earthmoving Activ ities shall comply with the following requirements:

F.1.a Pre-Activity:

F.1.a.1 Pre-water site sufficient to limit VDE to 20% opacity, and

F.1.a.2 Phase work to minimize the amount of disturbed surface area at any one time.Imperial County Air Pollution Control District Rule 801 October 7, 2005

D R A F T F I N A L E-37 E N V I R O N F.1.b During Active Operations: F.1.b.1 Apply water or Chemical Stabilization as directed by product manufacturer to limit VDE to 20% opacity, or

F.1.b.2 Construct and maintain wi nd barriers sufficient to limit VDE to 20% opacity. If utilizing wind barriers, control measure F.1.b.1 above shall be implemented.

F.1.b.3 Apply water or Chemical Stabilization as directed by product manufacturer to unpaved haul/access roads and Unpaved Traffic Areas sufficient to limit VDE to 20% opacity and meet the conditions of a Stabilized Unpaved Road.

F.1.c Temporary Stabilization During Periods of Inactivity:

F.1.c.1 Restrict vehicular access to the area by fencing or signage; and

F.1.c.2 Apply water or Chemical Stabilization, as directed by product manufacturer, sufficient to comp ly with the conditions of a

Stabilized Surface. If an ar ea having 0.5 acres or more of disturbed surface area remains unused for seven or more days, the area must comply with the conditi ons for a Stabilized Surface area.

F.1.d Track Out/Carry Out of Bulk Materi als at the site shall be mitigated in compliance with Rule 803.

F.1.e Unpaved Roads at the site shall comply with Rule 805.

F.1.f Bulk Material handling operations at the site shall co mply with Rule 802.

F1.g Material transport of Bulk Mate rial to, from, or around the site shall comply with Rule 802.

F.1.h Haul trucks transporting Bulk Ma terial to, from, or around the site shall comply with Rule 802.

F.2 Dust Control Plan:

F.2.a Retain a copy of the dust control plan at the project site.

F.2.b Comply with the requirements of the approved dust control plan.

F.2.c A dust control plan shall cont ain all of the following information:

1. Name, address, and phone number of the Person responsible for the preparation, submittal, and implementation of the dust control plan andImperial County Air Pollution Control District Rule 801 October 7, 2005

D R A F T F I N A L E-38 E N V I R O N responsible for the project site.

2. A plot plan which shows the type and location of each project.

3. The total area of land surface to be disturbed, estimated daily throughput volume of earthmoving in c ubic yards, and total area in acres of the entire project site.

4. The expected start and completion dates of dust generating and soil

disturbance activities to be performed on the site.

5. The actual and potential sources of Fugitive Dust emissions on the site and the location of Bulk Material handling and storage areas, Paved and Unpaved Roads, entrances and exits where Track Out/Carry Out may occur, and Unpaved Traffic Areas.

6. Dust Suppressants to be applied, including: product specifications; manufacturer's usage instructions (method, frequency, and intensity of application); type, number, and capac ity of application equipment; and information on environmental impacts and approvals or certifications related to appropria te and safe use for ground application.

7. Specific surface treatment(s) and/or control measures utilized to control Track Out/Carry Out, and sedimentation where unpaved and/or access points join paved public access roads.

8. The dust control plan should desc ribe all Fugitive Dust control measures to be implemented be fore, during, and after any dust generating activity.

G. Record of Control Implementation

Any Person subject to the require ments of this rule shall compile and retain records that provide evidence of control meas ure application (i.e., receipts and/or purchase records). Such Person shall describe, in the records, the type of treatment or control measure, extent of coverage, and date applied. For control measures which require multiple daily applications, recording the frequency of application will fulfill the recordkeeping requirements of this rule (i.e., water being a pplied three times a day and the date) Records shall be maintained and be readily accessible for two years after the date of each entry and shall be provided to the APCD upon request.Imperial County Air Pollution Control District Rule 801 October 7, 2005

D R A F T F I N A L E-39 E N V I R O N H. Violations

Failure to comply with any provisions of th is rule shall constitute a violation of Regulation VIII.Imperial County Air Pollution Control District Rule 802 October 7, 2005

D R A F T F I N A L E-40 E N V I R O N RULE 802. BULK MATERIALS (Adopted -------------)

A. Purpose

The purpose of this regulation is to reduce th e amount of fine Partic ulate Matter (PM-10)

entrained in the ambient air as a result of emissions generated from outdoor handling, storage, and transport of Bulk Material by requiring actions to prevent, reduce, or mitigate PM-10 emissions.

B. Applicability

This rule applies to the outdoor handling, st orage, and transport of Bulk Material, including, but not limited to, earth, rock, silt , sediment, sand, gravel, soil, fill, Aggregate Materials, dirt, mud, debris, and other organic and/or inorganic material consisting of or containing Particulate Matter with five percent or greater silt content.

C. Definitions

The definitions of terms found in Rule 800 (General Requirements for Control of Fine Particulate Matter (PM-10) shall apply to this rule.

D. Exemptions

In addition to the exemptions listed in Rule 800, Section E, the following exemptions are

established for this rule:

D.1 Outdoor storage, transport, or handli ng of Bulk Materials (including, but not limited to, organic or inorganic fertilizer , grains, seed, soil amendments, and feed) which would be damaged by wetting with water or by the application of Chemical Stabilization/Suppression, provided ow ners/operators demonstrate to the

satisfaction of the APCO that none of the control measur es required by this rule can be implemented to limit VDE to 20% opacity or provide a Stabilized Surface,

as defined in Rule 800.

D.2 Outdoor storage or handling of any Bu lk Material at a single site where no material is actively being added or removed at the end of the workday or overnight and where the total material stored is less than 100 cubic yards. D.3 Transport of a Bulk Materi al in an outdoor area for a distance of twelve feet or

less with the use of a c hute or conveyor device.Imperial County Air Pollution Control District Rule 802 October 7, 2005

D R A F T F I N A L E-41 E N V I R O N D.4 Transport/hauling of Bulk Materials when conducted within the boundaries of a premises, are exempt from the requirement s specified in Sections F.3.a and F.3.d.

E. Requirements

E.1 Bulk Material handling: no Person shall cause, suffer, allow or engage in any Bulk Material handling operation including, but not limited to stacking, loading, unloading, conveying and reclaiming of Bulk Material, for industrial or commercial purposes without complying with one or more of the requirements of Section F.1 so as to limit VDE to 20% opacity.

E.2 Bulk Material storage: no Person sha ll cause, suffer, allow or engage in any Bulk Material storage, for indus trial or commercial purposes without complying with one or more of the requirements of Secti on F.2 so as to limit VDE to 20% opacity.

E.3 Material transport: no Person shall caus e, suffer, allow or otherwise engage in the transportation of Bulk Mate rials for industrial or co mmercial purposes, without complying with all of the requirements of Section F.3 so as to limit VDE to 20% opacity.

E.4 Haul Trucks: no Person shall cause, suffer, allow or otherwise engage in the use or operation of any Haul Truck, for industrial or commercial purposes, of transporting or storing Bulk Material without complying with all of the requirements of Section F.3 so as to limit VDE to 20% opacity.

F. Best Available Control Measures for Fugitive Dust (PM-10)

F.1 BULK MATERIAL HANDLING/TRANSFER:

F.1.a Spray with water prior to hand ling and/or at points of transfer; or.

F.1.b Apply and maintain Chemical Stabilization, or

F.1.c Protect from wi nd erosion by sheltering or enclosing the operation and

transfer line

.

F.2 BULK MATERIAL STORAGE

F.2.a When storing Bulk Materials, co mply with the conditions for a Stabilized Surface; or

F.2.b Cover Bulk Materials stored outdoors with tarps, plastic, or other suitable material and anchor in such a manner that prevents the cover from being removed by wind action, or

F.2.c Construct and maintain barriers with less than 50% porosity. If utilizing fences or wind barriers, apply water or chemical/organicImperial County Air Pollution Control District Rule 802 October 7, 2005

D R A F T F I N A L E-42 E N V I R O N stabilizers/suppressants, or

F.2.d Utilize a 3-side structure with a heig ht at least equal to the height of the storage pile and with le ss than 50% porosity.

F.3. MATERIAL TRAN SPORT/HAULING:

F.3.a Completely cover or enclose all Haul Truck loads of Bulk Material.

F.3.b Haul Trucks transporting loads of Aggregate Materials shall not be required to cover their loads if the lo ad, where it contacts the side, front, and back of the cargo container area remains six inches from the upper area of the container area, and if th e load does not extend, at its peak, above any part of the upper edge of th e cargo container area (As defined in

Section 23114 of the California Vehicl e Code for both public and private roads).

F.3.c The cargo compartment(s) of all Haul Trucks are to be constructed and maintained so that no spillage and loss of Bulk Material can occur from holes or other openings in the cargo compartment's floor, side, and/or tailgate. Seals on any openings used to empty the load including, but not limited to, bottom-dump release gate s and tailgates to be properly maintained to prevent the loss of Bulk Material from those areas.

F.3.d The cargo compartment of all Haul Trucks is to be cl eaned and/or washed at delivery site after re moval of Bulk Material.

G. Record of Control Implementation

Any Person subject to the require ments of this rule shall compile and retain records that provide evidence of control meas ure application (i.e., receipts and/or purchase records). Such Person shall describe, in the records, the type of treatment or control measure, extent of coverage, and date applied. For control measures which require multiple daily applications, recording the frequency of application will fulfill the recordkeeping requirements of this rule (i.e., water bei ng applied three times a day and the date) Records

shall be maintained and be re adily accessible for two years after the date of each entry and shall be provided to the APCD upon request.

H. Violations

Failure to comply with any provisions of this rule shall constitute a violation of Regulation VIII.Imperial County Air Pollution Control District Rule 803 October 7, 2005

D R A F T F I N A L E-43 E N V I R O N RULE 803. CARRY-OUT AND TRACK-OUT (Adopted -------------)

A. Purpose

The purpose of this regulation is to reduce th e amount of fine Partic ulate Matter (PM-10)

entrained in the ambient air as a result of emissions generated from Track-Out and CarryOut by requiring actions to prevent, reduce, or mitigate PM-10 emissions.

B. Applicability

This rule applies to all sites that are subject to Regulation VIII where Track-Out or CarryOut has occurred or may occur on paved public roads or the paved shoulders of a paved public road.

C. Definitions

The definitions of terms found in Rule 800 (General Requirements for Control of Fine Particulate Matter (PM-10) shall apply to this rule.

D. Exemptions:

In addition to the exemptions listed in Rule 800, Section E, the following exemptions are

established for this rule:

D.1 Agricultural Operation Sites defined in and subject to Rule 806, Conservation Management Practices, are exempt from the requirements specified in Sections

F.1.b and F.1.c.

D.2 Any operation site that operates no more than 10 days within a 90 days period at each location is exempt from the require ments specified in Sections F.1.b and

F.1.c.

E. Requirements

E.1 Track Out/Carry Out: any Person who cau ses the deposition of Bulk Material by tracking out or carrying out onto a Paved Road surface shall comply with the requirements of Section F.1, as specified, to prevent or mitigate such deposition.

F. Best Available Control Measures for Fugitive Dust (PM-10)Imperial County Air Pollution Control District Rule 803 October 7, 2005

D R A F T F I N A L E-44 E N V I R O N F.1 TRACK OUT/CARRY OUT:

F.1.a. Clean up any Bulk Material tracked out or carried out onto a Paved Road on the following time-schedule:

(1) Within urban areas, immediatel y, when Track-Out or Carry-Out

extends a cumulative distance of 50 linear feet or more; and

(2) At the end of the workday, for a ll other Track-Out or Carry-Out.

F.1.b In addition to F.1.a, all sites with access to a Paved Road and with 150 or more Average Vehicle Trips per Day, or 20 or more Average Vehicle Trips per Day by vehicles with three or more axles shall install one or

more Track-Out Prevention Devices or other APCO approved Track-Out control device or wash down system at access points where unpaved traffic surfaces adjoin Paved Roads; or

F.1.c In addition to F.1.a, all sites with access to a Paved Road and with 150 or more Average Vehicle Trips per Day, or 20 or more Average Vehicle Trips per Day by vehicles with three or more axles shall apply and maintain paving, Chemical Stabilize ation, or at leas t 3 inch depth of Gravel (using Gravel or other low Silt (<5%) content material), for a

distance of 50 or more consecutive feet at access points where Unpaved Roads adjoin Paved Roads.

G. Record of Control Implementation

Any Person subject to the require ments of this rule shall compile and retain records that provide evidence of control meas ure application (i.e., receipts and/or purchase records). Such Person shall describe, in the records, the type of treatment or control measure, extent of coverage, and date applied. Reco rds shall be maintained and be readily accessible for two years after the date of each entry and shall be provided to the APCD

upon request.

H. Violations

Failure to comply with any provisions of th is rule shall constitute a violation of Regulation VIII.Imperial County Air Pollution Control District Rule 804 October 7, 2005

D R A F T F I N A L E-45 E N V I R O N RULE 804. OPEN AREAS (Adopted -------------)

A. Purpose

The purpose of this regulation is to reduce th e amount of fine Partic ulate Matter (PM-10)

entrained in the ambient air as a result of emissions generated from Open Areas by requiring actions to prevent, reduce, or mitigate PM-10 emissions.

B. Applicability

This rule shall apply to any open area having 0.5 acres or more within urban areas, or 3.0 acres or more within rural areas; and contai ns at least 1000 square feet of disturbed

surface area.

C. Definitions

The definitions of terms found in Rule 800 (General Requirements for Control of Fine Particulate Matter (PM-10) shall apply to this rule.

D. Exemptions

In addition to the exemptions listed in Rule 800, Section E, the following exemptions are

established for this rule:

D.1 Agricultural Operation Sites define d in and subject to Rule 806, Conservation Management Practices.

E. Requirements

E.1 Open Areas: all Persons who own or ot herwise have jurisdiction over an Open Area shall comply with one or more of th e requirements of Section F.1 to comply

with the conditions of a Stab ilized Surface at all times so as to limit VDE to 20% opacity.

E.2 Vehicle use in Open Areas: within 30 days following initial di scovery of evidence of trespass, a Person who owns or otherw ise has jurisdiction over an Open Area shall prevent unauthorized vehicle access by posting "No Trespassing" signs or installing physical barriers such as fences , gates, posts, and/or appropriate barriers to effectively prevent access to the area.Imperial County Air Pollution Control District Rule 804 October 7, 2005

D R A F T F I N A L E-46 E N V I R O N F. Best Available Control Measures for Fugitive Dust (PM-10)

F.1 OPEN AREAS

F.1.a Apply and maintain water or dust suppressant(s) to all unvegetated areas.

F.1.b Establish vegetation on a ll previously disturbed areas.

F.1.c Pave, apply and maintain Gravel , or apply and maintain Chemical Stabilizers/Suppressants.

G. Record of Control Implementation

Any Person subject to the require ments of this rule shall compile and retain records that provide evidence of control measure applicatio n (i.e., receipts and/or purchase records). Such Person shall describe, in the records, the type of treatment or control measure, extent of coverage, and date applied. For control measures which require multiple daily applications, recording the frequency of application will fulfill the recordkeeping requirements of this rule (i.e., water being a pplied three times a day and the date) Records shall be maintained and be readily accessible for two years after the date of each entry and shall be provided to the APCD upon request.

H. Violations

Failure to comply with any provisions of th is rule shall constitute a violation of Regulation VIII.Imperial County Air Pollution Control District Rule 805 October 7, 2005

D R A F T F I N A L E-47 E N V I R O N RULE 805. PAVED AND UNPAVED ROADS (Adopted -------------)

A. Purpose

The purpose of this regulation is to reduce th e amount of fine Partic ulate Matter (PM-10)

entrained in the ambient air as a result of emissions generated from new or existing public or private Paved or Unpaved Road, road construction project, or road modification project by requiring actions to prevent, reduce, or mitigate PM-10 emissions.

B. Applicability

This rule applies to any new or existing pub lic or private Paved or Unpaved Road, road construction project, or ro ad modification project.

C. Definitions

The definitions of terms found in Rule 800 (General Requirements for Control of Fine Particulate Matter (PM-10) shall apply to this rule.

D. Exemptions

In addition to the exemptions listed in Rule 800, Section E, the following exemptions are

established for this Rule:

D.1 Paved and unpaved driveways serving one single family residential dwelling.

D.2 Agricultural Operation Sites defined in and subject to Rule 806, Conservation Management Practices.

E. Requirements

E.1 Unpaved Haul/Access Roads: No Pe rson shall cause, suffer or allow the operation, use, or maintenance of any unpaved Haul/Access Road without complying with one or more of the require ments of Section F.1 so as to limit VDE to 20% opacity.

E.2 Unpaved Roads : On any Unpaved Road segment with 50 or more Average Vehicle Trips per Day, the owner/operator shall limit VDE to 20% opacity, as determined by the test methods for “Visual Determination of Opacity” in Rule 800, Appendix A, and comply with the requirements of a Stabilized Unpaved Road by application and/or maintenance of at least one of the requirements of

Section F.1.Imperial County Air Pollution Control District Rule 805 October 7, 2005

D R A F T F I N A L E-48 E N V I R O N E.3 The construction of any new Unpaved Road is prohibited within any area with a population of 500 or more unless the road meets the definition of a Temporary Unpaved Road. The Temporary Unpaved Road shall meet the definition of a Stabilized Surface as determined by the test methods in Rule 800, Appendix B, Section C, and where VDE is limited to 20% opacity.

E.4 Canal Roads: all Persons who cause, suffer or allow the operation, use or maintenance of any Canal Road with 20 or more Average Vehicle Trips per Day shall comply with one or more of the requ irements of Section F.1 to comply with the requirements of a Stabilized Unpaved Road so as to limit VDE to 20% opacity, as determined by the test met hods in Rule 800, Appendix A, and shall also comply with one or more of the requirements of Section F.2.

E.5 Unpaved Traffic Areas: A ll Persons who cause, suffer or allow the operation, use or maintenance of any Unpaved Traffic Ar ea larger than one (1) acre and with 75 or more Average Vehicle Trips per Day sh all comply with one or more of the requirements of Section F.3 so as to limit VDE to 20% opacity.

E.6 Paved Roads: any new or Modified Paved Roads shall comply with the requirements of section F.4.

E.7 Requirements for Existing Unpaved Public Roads in City and Rural Areas:

Each city or county agency with primar y responsibility for any existing Unpaved Road shall take the following actions:

E.7.a By January 1, 2006 provide the APCD with a list of all Unpaved Roads under its jurisdiction in any city or rural area(s), including data on length of, and Average Vehicle Trips per Day on, each Unpaved Road segment.

E.7.b By March 31, 2006 the County Public Works Department shall provide the APCD with a compliance plan. The compliance plan shall include a compliance schedule indicating that during the period 2006 through 2015 a 10% per each fiscal year, beginni ng July 1 and ending June 30, of all Unpaved Roads subject to the requirement s of this rule will comply with a 20% VDE and comply with the requi rements of a Stabilized Unpaved Road (Treatment in excess of the annual requirement can be credited toward future year requirements). The plan shall identify the control measures implemented or that will be implemented at each Unpaved Road segment with 50 or more Average Vehicle Trips per Day.Imperial County Air Pollution Control District Rule 805 October 7, 2005

D R A F T F I N A L E-49 E N V I R O N E.7.c By July 31 of each year, 2007 through 2016, the County Public Works Department shall submit to the APCD the total number of Unpaved Road miles which were mitigated during the previous fiscal year, and the percentage of cumulative miles relative to the list provided pursuant to

Section E.7.b.

F. Best Available Control Measures for Fugitive Dust (PM-10)

F.1 UNPAVED ROADS, INCLUDING UNPAVED HAUL AND ACCESS ROADS:

F.1.a Pave.

F.1.b Apply Chemical Stabilization as directed by product manufacturer to control dust on Unpaved Roads.

F.1.c Apply and maintain Gravel, recrus hed/recycled asphalt or other material of low Silt (<5%) content to a depth of three or more inches.

F.1.d Wetting. Apply water one or more times daily

F.1.e Permanent road closure

F.1.f Restrict unaut horized vehicle access.

F.1.g Any other method that effectively limits VDE to 20% opacity and meets the conditions of a Stabilized Unpaved Road

.

F.2 CANAL ROADS:

F.2.a Stocking of Triploid Grass Carp in canals to reduce maintenance vehicle trips along Canal Banks to mechan ically remove aquatic weeds.

F.2.b Installation of remote control de livery gates to eliminate manual gate operation by maintenance personnel in vehicles along Canal Banks.

F.2. c Implement Silt removal program to delay grading of spoil piles deposited on Canal Bank after cleaning operations until the next cleaning operation

to eliminate vehicle access to Canal Bank.

F.2.d Permanent road closure.

F.2.e Conversion of open canals to pipeline.

F.2.f Lining canals to eliminate maintenance for Silt/weed control. F.2.g Canal Bank surface maintenance.Imperial County Air Pollution Control District Rule 805 October 7, 2005

D R A F T F I N A L E-50 E N V I R O N F.3 UNPAVED TRAFFIC AREAS:

F.3.a Pave.

F.3.b Apply Chemical Stabilization as directed by product manufacturer to control dust on Unpaved Roads.

F.3.c Apply and maintain Gravel, recrushe d/recycled asphalt or other material of low silt (<5%) content to a depth of three or more inches.

F.3.d Wetting. Apply water one or more times daily.

F.4. NEW OR MODIFI ED PAVED ROADS

Any Person having jurisdiction over, or ownership of, public or private Paved Roads shall construct, or require to be constructed, all new or Modified Paved Roads in conformance with the Imperi al County Public Works Department guidelines for width of shoulders and me dian shoulders as specified below:

F.4.a New arterial roads or streets or m odifications to existi ng arterial roads or streets shall be constructed with pa ved shoulders that meet following

widths:

Annual Average Daily Vehicle Trips Minimum Paved or Stabilized

Shoulder Width in Feet

1-2000 2

Greater than 2000 6

F.4.b New or modified collector roads or st reets or local roads or streets shall be constructed with paved shoulders that meet following widths:

Annual Average Daily Vehicle Trips Minimum Paved or Stabilized

Shoulder Width in Feet

1-2000 2

Greater than 2000 4

F.4.c A curbing adjacent to and contiguous with the travel lane or paved shoulder or a road may be construc ted, in lieu of meeting the paved

shoulder width standard li sted in Secti ons F.4.a and F.4.b. Any road paving projects constructi ng curbing in County road right of ways shall be approved by the Director of Pub lic Works Department prior to

construction. F.4.d Intersections, auxiliary entry lane s, and auxiliary exit lanes may be constructed adjacent to and contiguous with the roadway, in lieu of meeting the paved shoulder width sta ndard in Sections F.4.a and F.4.b.Imperial County Air Pollution Control District Rule 805 October 7, 2005

D R A F T F I N A L E-51 E N V I R O N F.4.e New Paved Road construction or modi fications to an existing Paved Road that are required to comply with California Environmental Quality Act (CEQA) and National Environmental Po licy Act (NEPA) determinations regarding environmental, cultural, archeological, hist orical, or other considerations addressed in such documents, are exempt from the paved shoulder width requirements specified in Section F.4.a.

F.4.f Whenever any Paved Road which has projected Annual Average Daily Vehicle Trips of 500 or more is constr ucted, or modified with medians, the

medians shall be constructed with paved shoulders having a minimum width of four feet adjacent to the traffic lanes unless:

F.4.f1 The medians of roads having sp eed limits set at or below 45 miles per hour are constructed with curbing; or

F.4.f2 The medians are landscaped and maintained with grass or other vegetative ground cover to comply w ith the definition of Stabilized

Surface.

F.4.g In lieu of complying with the pa ving or vegetation requirements a Person may apply oils or other Chemical Stab ilizers/Suppressants to the required

width of shoulder and median areas as specified in Sections F.4.a and F.4.b. The material shall be reapplied and maintained to limit VDE to 20% opacity and fulfill conditions for a Stabilized Surface.

G. Record of Control Implementation

Any Person subject to the require ments of this rule shall compile and retain records that provide evidence of control meas ure application (i.e., receipts and/or purchase records). Such Person shall describe, in the records, the type of treatment or control measure, extent of coverage, and date applied. For control measures which require multiple daily applications, recording the frequency of application will fulfill the recordkeeping requirements of this rule (i.e., water being a pplied three times a day and the date) Records shall be maintained and be readily accessible for two years after the date of each entry and shall be provided to the APCD upon request.

H. Violations

Failure to comply with any provisions of th is rule shall constitute a violation of Regulation VIII.Imperial County Air Pollution Control District Rule 806 October 7, 2005

D R A F T F I N A L E-52 E N V I R O N RULE 806. CONSERVATION MANAGEMENT PRACTICES (Adopted -------------)

A. Purpose

The purpose of this regulation is to reduce th e amount of fine Partic ulate Matter (PM-10)

entrained in the ambient air as a result of emissions generate d from Agricultural Operation Sites by requiring Conservation Mana gement Practices to prevent, reduce, or mitigate PM-10 emissions.

B. Applicability

This rule applies to Agricultural Operation Sites locate d within the Imperial County. Effective on and after January 1, 2006, an owner/operator sha ll implement the applicable CMPs selected for each Agricultural Operation Site.

C. Definitions

In addition to the definitions of terms in Rule 800 (General Requirements for Control of Fine Particulate Matter (PM-10), the following definitions shall govern the implementation of this rule:

C.1 AGRICULTURAL OPERATIONS: The grow ing and harvesting of crops for the primary purpose of earning a living.

C.2 AGRICULTURAL OPERATION SITE: One or more agricultural parcels that meet the following:

C.2.a. Are under the same or common ow nership or operati on, or which are owned or operated by entities wh ich are under common control; and

C.2.b. Are located on one or more contiguous or adjacent properties wholly within Imperial County.

C.3 AGRICULTURAL PARCEL: A portion of real property used by an owner or operator for carrying out a specific agricultural operation. Roads, vehicle/equipment traffic areas, and facili ties, on or adjacent to the cropland are part of the agricultural parcel.

C.4 ALTERNATIVE TILLING: Ro tate tillage leaving residue on soil. Tilling alternative rows for weed manageme nt and wind blown dust allows for approximately 50% reduction in field activ ity in addition to stabilizing soil surface and reducing soil compaction. C.5 BALING/LARGE BALES: Using balers to harvest crop. It reduces PM emissions from crops traditionally harvested by chopping, truck, passes and residue burning.Imperial County Air Pollution Control District Rule 806 October 7, 2005

D R A F T F I N A L E-53 E N V I R O N C.6 BED/ROW SIZE OR SPACIN G: Increase or decrease th e size of the planting bed area (can be done for field and permanen t crops). Spacing adjustments reduce the number of passes and soil disturbance by increasing plant de nsity/canopy through reduction of row width to contain PM within the canopy.

C.7 CHEMIGATION/FERTIGATION: App lication of chemicals through an irrigation system. Each application reduces the need to travel in the field for application purposes, thus reducing the number of passes and soil disturbance while increasing the effici ency of the application.

C.8 CHIPS/MULCHES, ORGANIC MA TERIALS, POLYMERS, ROAD OIL & SAND: Application of any nontoxic chemi cal or organic dust suppressant that meets all specification required by any federal, state, or local water agency and is not prohibited for use by a ny applicable regulations.

C.9 COMBINED OPERATION: To combin e equipment, to perform several operations during one pass. The reduction in the number of passes necessary to

cultivate the land will result in fewer disturbances to the soil. Other benefits are reduction of soil compaction and time to prepare fields, both of which can be precursors to additional tillage requirements.

C.10 CONSERVATION IRRIGATION: To conserve the quanti ty of water use, e.g.: drip, sprinkler, buried/underground lin e. Conserving water reduces weed population, which in turn reduces the need for tillage as well as reduces soil compaction.

C.11 CONSERVATION MANAGEMENT PRAC TICE (CMP): An activity or procedure that prevents, reduces, or mitigates PM-10 normally emitted by, or associated with, an agricultural activity.

C.12 CONSERVATION MANAGEMENT PR ACTICES PLAN (CMP PLAN): A document prepared by the owner or operator of an Agricultural Operation site that lists the selected CMPs for implementation. The CMP Plan also contains, but is not limited to, contact information for the owner or operator, a description of the Agricultural Operation Site and locations of Agricultural Parcels, and other information describing the extent and duration of CMP implementation.

C.13 CONSERVATION TILLAGE (e.g.: no tillage , minimum tillage): Types of tillage

that reduce loss of soil and water in co mparison to Conventional Tillage. It reduces the number of passes and amount of soil disturbance. It improves soil because it retains plant residue and increases organic matter.

C.14 COVER CROPS: Use seeding or natural vegetation/regrowth of plants to cover

soil surface. It reduces soil disturbance due to wind erosion and entrainment.Imperial County Air Pollution Control District Rule 806 October 7, 2005

D R A F T F I N A L E-54 E N V I R O N C.15 EQUIPMENT CHANGES/TECHNOLOGICAL IMPROVEMENTS: To modify the equipment such as tilling; increase equipment size; modify land planing and land leveling; matching the equipment to row spacing; granting to new varieties or other technological improvements. It reduces the number of passes during an operation, thereby reducing soil disturbance.

C.16 FALLOWING LAND: Temporary or permanent removal from production. Eliminates entire operation/pa sses or reduces activities.

C.17 GRAVEL: Placing a layer of Gravel with enough depth to minimize dust generated from vehicle movement and to dislodge any excess debris which can

become entrained.

C.18 GREEN CHOP: The harvesting of a forage crop without allowing it to dry in the field. It reduces multiple equipment passes in-field as well as reduces soil disturbance and soil compaction.

C.19 HAND HARVESTING: Harvesting crop by hand. It reduces soil disturbance due to machinery passes.

C.20 INTEGRATED PEST MANAGEMENT: A decision process that uses a combination of techniques including orga nic, conventional a nd biological farming concepts to suppress pest problems. It creates beneficial insect habitat that reduces the use of herbicides/pesticide s thereby reducing number of passes for spraying. It also reduces soil compacti on and the need for additional tillage.

C.21 MECHANICAL PRUNING: Using a mach ine instead of hand labor to prune (Applies as an Unpaved Road CMP only). It reduces vehicle trips, thereby reducing PM emissions.

C.22 MULCHING: Applying or leav ing plant residue or other ma terial to soil surface. It reduces entrainment of PM due to winds as well as reduces weed competition thereby reducing tillage passes and compaction.

C.23 NIGHT FARMING: Operat e at night, if practical, wh en moisture levels are higher and winds are lighter. It decreases the concentration of PM emissions during daytime and the increased ambien t humidity reduces PM emissions during the night.

C.24 NIGHT HARVESTING: Implementing cultura l practices at night, or at times or high humidity. It reduces PM by operati ng when ambient air is moist, thereby reducing PM emissions.

C.25 NO BURNING. Switching to a crop/system that would not requi re waste burning. It reduces emissions associated with burning.Imperial County Air Pollution Control District Rule 806 October 7, 2005

D R A F T F I N A L E-55 E N V I R O N C.26 NON TILLAGE/CHEMICAL TILLAGE: Use flail mower, low volume sprayers or heat delivery systems (as harvest pre- conditioner). It reduces soil compaction and stabilizes soil through elimination or reduction of soil tillage passes.

C.27 ORGANIC PESTICIDES: Use biologica l control methods or non-chemical

control methods. It reduces chemi cal use, thereby reducing passes.

C.28 PAVING: To pave currently Unpaved Roads.

C.29 PRECISION FARMING (GPS): Using satell ite navigation to calculate position in the field, therefore manage/treat selective area. It reduces overlap and allows operations to occur during inclement w eather conditions and at night thereby generating less PM.

C.30 PRE-HARVEST SOIL PREPARATION: Applying a light amount of water or stabilizing material to soil prior to ha rvest (when possible). It reduces PM

emissions at harvest.

C.31 RESTRICTED ACCESS: To restrict public access to private roads. It reduces

vehicle traffic and thus reduces associated fugitive dust.

C.32 SHED PACKING: Packing commodities in a covered or closed area. It reduces field traffic, thereby reducing PM emissions.

C.33 SHUTTLE SYSTEM/LARGE CARRIER: Multi ple bin/trailer. Haul multiple or larger trailers/bins per trip thereby re ducing emissions through reduced passes.

C.34 SPEED LIMITS: Enforcement of speeds that reduce visible dust emissions. The dust emissions from unpaved roads are a function of speed meaning reducing speed reduces dust.

C.35 TRACK-OUT CONTROL: Minimize any a nd all material that adheres to and agglomerates on all vehicl e and equipment from unpave d roads and falls onto a paved public road or the paved shoulder of a paved public road.

C.36. TRANSGENIC CROPS: Use of GMO or Transgenic crops such as “herbicideready.” It reduces need for tillage or cultivation operations, as well as reduces

soil disturbance. It can also reduce the number of chemical applications.

C.37 WATER APPLICATION: Application of water to unpaved roads and traffic

areas.Imperial County Air Pollution Control District Rule 806 October 7, 2005

D R A F T F I N A L E-56 E N V I R O N C.38 WIND BARRIER: Artificial or vegetative wall/fence that di srupts the erosive flow of wind over unprotected land.

D. Requirements for Agricultural Operation Sites:

D.1 All Persons who own or operate an Agricu ltural Operation Site of forty (40) acres or more in size shall implement in each Agricultural Parcel at least one of the Conservation Management Practices list ed in Section E.1 for each of the following categories:

D.1a Land preparation and cultivation;

D.1.b Harvest activities;

D.1.c Unpaved Roads;

D.1.d Unpaved Traffic Areas

D.2 The owner or operator of an Agricultu ral Operation Site may implement more than one Conservation Management Practices for one or more of the categories.

D.3 The owner or operator of an Agricultura l Operation Site shall ensure that the implementation of each selected Conser vation Management Practices does not violate any other local, st ate, or federal law.

D.4 The owner or operator of an Agricultura l Operation Site may develop alternative CMPs. The owner or operator shall subm it to the APCD a technical evaluation of the alternative CMPs, demonstrating that the alternative CMP achieves PM-10 emission reductions that are at least equi valent to other CMPs available for the applicable operation. The APCD will re view the technical evaluation, and the alternative CMP must receive approval by the APCD before being included in the

CMP Plan.

D.5 The owner or operator shall prepare a CMP Plan for each Agricultural Operation

Site. The CMP Plan shall be made av ailable to the APCD upon request. The CMP Plan shall be provided to the APCD within 72 hours of notice to the owner

or operator.

E. Conservation Management Practices for Fugitive Dust (PM-10)

E.1 The owner or operator of an Agricultura l Operation Site shall implement at least one of the following CMPs in each Agricu ltural Parcel to reduce PM10 emissions from land preparation and cultivation:

E.1.a Alternate Till, E.1.b Bed/Row Size Spacing,Imperial County Air Pollution Control District Rule 806 October 7, 2005

D R A F T F I N A L E-57 E N V I R O N E.1.c Chemical/Fertigation, E.1.d Combined Operations, E.1.e Conservation Irrigation, E.1.f Conservation Tillage, E.1g Cover Crops, E.1.h Equipment Changes/Technological Improvements, E.1.i Fallowing Land, E.1.j Integrated Pest Control, E.1.k Mulching, E.1.l Night Farming, E.1.m Non Tillage /Chemical Tillage, E.1.n Organic Pesticides, E.1.o Precision Farming (GPS), or E.1.p Transgenic Crops.

E.2 The owner or operator of an Agricultura l Operation Site shall implement at least one of the following CMPs in each Agri cultural Parcel to reduce PM10 emissions from harvesting:

E.2.a Baling /Large Bales E.2.b Combined Operations E.2.c Equipment Changes/Technological Improvements E.2.d Green Chop E.2.e Hand Harvesting E.2.f Fallowing Land E.2.g Night Harvesting E.2.h No Burning E.2.i Pre-Harvesting Soil Preparation E.2.j Shed Packing E.2.k Shuttle System/Large Carrier

E.3 The owner or operator of an Agricultura l Operation Site shall implement at least one of the following CMPs for each Unpaved Road to reduce PM10 emissions:

E.3.a Chips/Mulches, Organic Materials, polymers, road oil and sand,

E.3.b Gravel E.3.c Paving,

E.3.d Restricted access E.3.e Speed limit

E.3.f Track-out control E.3.g Water

E.3.h Wind barrier

E.4 The owner or operator of an agricultural operation site shall implement at least one of the following CMPs for each unpaved traffic area to reduce PM10

emissions:Imperial County Air Pollution Control District Rule 806 October 7, 2005

D R A F T F I N A L E-58 E N V I R O N E.4.a Chips/Mulches, Organic Mate rials, Polymers, Road Oil and Sand,

E.4.b Gravel E.4.c Paving,

E.4.d Restricted Access E.4.e Speed Limit

E.4.f Track-Out Control E.4.g Water

E.4.h Wind Barrier

F. CMP Plan Preparation

An owner or operator shall prepare a CMP Pl an for each Agricultural Operation Site. Each CMP Plan shall include, but is not limited to, the following information:

F.1 The name, business address, and tele phone number of the owner or operator responsible for the preparation a nd implementation of the CMP Plan.

F.2 The signature of the ow ner or operator and the da te that the CPM Plan was signed.

F.3 The location of the Agricultural Opera tion Site: cross roads; canal and gate

number.

F.4 The crop grown at each location covered by the CMP Plan, total acreage for each crop, the length (miles) of unpaved roads, a nd the total area (acres or square feet) of the unpaved equipment and traffic area s to be covered by the CMP Plan, and.

F.5 The CMPs implemented or planned for implementation.

F.6 Other relevant informati on as determined by the APCD.

G. Violations

Failure to comply with any provisions of th is rule shall constitute a violation of Regulation VIII. Failure to comply with the provisions of a CM P Plan shall also constitute a violation of Regulation VIII.

H. Record of Control Implementation

Any Person subject to the requirements of th is rule shall maintain a copy of the CMP Plan and any supporting documentation necessa ry to confirm implementation of the CMPs. An owner or operator implementing al terative CMPs shall maintain a copy of

technical evaluation for alternative CMPs and documentation of APCD approval of alternative CMPs, Records shall be maintained for two years after th e date of each entry and shall be provided to the APCD upon request.Imperial County Air Pollution Control DistrictDRAFT Rule 806October 7, 2005D R A F T F I N A L E-59E N V I R O NCONSERVATION MANAGEMENT PRACTICES PLANFarm Name :____________________________________ Owner/Operator: ______________________Telephone:______________Total Farm Acreage:___________________ Address:________________________________________________________________Canal & Gate*:___________________________________Crossroads*:__________________________________________________*List all canals & gates, as well as crossroads, associated to this agricultural operation siteat the reverse of this page. Inaddition, the crop grown at eachlocation covered by the CMP plan, total acreage for each crop, the length (miles) of unpaved roads, and the total area (acres or square feet) of the unpavedequipment and trafficareas to be covered by the CMP Plan.Select one or more CMPs from each category:Land Preparation and Harvesting Unpaved Roads Unpaved TrafficCultivation AreasAlternative TillBailing/Large BalesDust SuppressantsDust SuppressantsBed/Row Size SpacingCombined OperationsGravelGravelChemical FertigationEquipment ChangesPavingPavingCombined OperationsGreen ChopRestricted AccessRestricted AccessConservation IrrigationHand HarvestingSpeed LimitSpeed LimitCover CropsFallowing LandTrack-out ControlTrack-out ControlEquipment ChangesNight HarvestingWaterWaterFallowing LandPre-Harvesting Land PrepWind BarriersWind BarriersIntegrated Pest ControlShuttle System/Large CarrierOtherOtherMulchingShed PackingNight FarmingOtherNon-Tillage/Chemical TillageOrganic PesticidesPrecision Farming (GPS)Transgenic CropsOtherI hereby certify that: I am the owner or operator of the agricultural operation site on which this CMP Plan will be implemented; I have a copy of Rule 806 and I will complywith it.Signature:____________________________________Date:____________________________Imperial County Air Pollution Control District Rule 806 October 7, 2005

D R A F T F I N A L E-60 E N V I R O N CONSERVATION MANAGEMENT PRACTICES PLAN

Agricultural Parcel ID ____________________

Canal & Gate: _______________________________________________________________
Crossroads: __________________________________________________________________ Crop Grown: _________________________________________________________________ Total Acreage: _______________________________________________________________ Approx. Length (miles) of unpaved roads: ________________________________________ Approx. Unpaved Equipment Traffic A reas (acres or square feet): ___________________

CMPs Selected :_______________________________________________________________

Agricultural Parcel ID ____________________

Canal & Gate: ________________________________________________________________
Crossroads: __________________________________________________________________ Crop Grown: _________________________________________________________________ Total Acreage: _______________________________________________________________ Approx. Length (miles) of unpaved roads: ________________________________________ Approx. Unpaved Equipment Traffic A reas (acres or square feet): ___________________

CMPs Selected :_______________________________________________________________

Agricultural Parcel ID ____________________

Canal & Gate: _______________________________________________________________
Crossroads: __________________________________________________________________ Crop Grown: _________________________________________________________________ Total Acreage: _______________________________________________________________ Approx. Length (miles) of unpaved roads: ________________________________________ Approx. Unpaved Equipment Traffic A reas (acres or square feet): ___________________

CMPs Selected :_______________________________________________________________

Agricultural Parcel ID ____________________

Canal & Gate: ________________________________________________________________
Crossroads: __________________________________________________________________ Crop Grown: _________________________________________________________________ Total Acreage: _______________________________________________________________ Approx. Length (miles) of unpaved roads: ________________________________________ Approx. Unpaved Equipment Traffic A reas (acres or square feet): ___________________

CMPs Selected :_______________________________________________________________

### A P P E N D I X F

BLM Environmental Assessment and Finding of No Significant Impact