______________________________________________________________________________

Appendix 1: Notice of Proposed Rulemaking for Rules 310 and 310.01

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NOTICE OF PROPOSED RULEMAKING

MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS

REGULATION III – CONTROL OF AIR CONTAMINANTS

PREAMBLE

1. Rules affected

Rule 310: Fugitive Dust From Dust-Generating Operations Amend

Rulemaking action

Rule 310.01: Fugitive Dust From Non-Traditional Sources of Fugitive Dust Amend

2. Statutory authority for the rulemaking

Authorizing statutes: A.R.S. §§ 49-474, 49-479, and 49-480

: 

Implementing statute: A.R.S. § 49-112

3. List of all previous notices appearing in the register addressing the proposed rule

Notice of Rulemaking Docket Opening: 14 A.A.R. 4348, November 21, 2008

: 

4. The name and address of department personnel with whom persons may communicate 

regarding the rulemaking

Name: Johanna M. Kuspert or Jo Crumbaker

: 

Planning and Analysis Division

Maricopa County Air Quality Department

Address: 1001 N. Central Ave, Suite 595

Phoenix, AZ 85004

Telephone: (602) 506-0169

Fax: (602) 506-6179

E-mail: jkuspert@mail.maricopa.gov or jcrumbak@mail.maricopa.gov

5. An explanation of the rule, including the agency’s reasons for initiating the rulemaking

The Maricopa County Air Quality Department (department) is proposing to revise Rules 310: Fugitive 

Dust from Dust-Generating Operations and 310.01: Fugitive Dust from Non-Traditional Sources of 

Fugitive Dust. These rules establish limits for the emissions of particulate matter into the ambient air 

from any property, operation, or activity that may serve as a fugitive dust source (Rule 310) and from 

non-traditional sources of fugitive dust (e.g., open areas, vacant lots, unpaved parking lots, and 

unpaved roadways), which are not regulated by Rule 310 and which are not required to have either a 

permit or a dust control plan (Rule 310.01). 

: 

On June 6, 2007, the U.S. Environmental Protection Agency (EPA) found that the Phoenix 

metropolitan area failed to attain the 24-hour PM10 standard by the December 31, 2006, attainment 

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deadline. This failure triggered a special requirement under Section 189(d) of the Clean Air Act (CAA) 

to submit a state implementation plan (SIP) revision to EPA by December 31, 2007. Such SIP revision 

was required to provide for annual reductions of PM10 or PM10 precursors of not less than five percent 

of the most recent emissions inventory, until the PM10 standard is attained. In addition, such SIP 

revision was required to continue to demonstrate that the revisions would meet the best available 

control measures (BACM) test and the most stringent measures (MSM) test for significant sources and 

source categories in accordance with CAA § 189(b)(1)(B) and 188(e). See 14 A.A.R. 1842-1849, May 

16, 2008 for a detailed discussion of the PM10 nonattainment areas status history and explanation of the 

March 2008 revisions to Rules 200, 310, 310.01, and Appendix C.

This SIP revision (referred to as the “Five Percent Plan”) was prepared by the Maricopa Association of 

Governments and submitted by the Arizona Department of Environmental Quality (ADEQ) to EPA by 

the December 31, 2007, deadline. In March 2008, to meet commitments made in the Five Percent Plan, 

the department revised Rules 200, 310, 310.01 and Appendix C.

In September 2008, the department began a rulemaking process to reduce confusion, improve 

understanding and readability of Rules 310 and 310.01, and re-insert text inadvertently omitted from 

Rule 310.01. Any revisions proposed must not interfere with the BACM and MSM tests, nor reduce 

the emissions reductions claimed in the Five Percent Plan. During the rulemaking process, the 

department conducted three public workshops, one Director’s courtesy briefing, one informational 

workshop, seven meetings with stakeholders, and eight conference calls with EPA. To date, the 

department has received written comments from 20 stakeholders regarding this rulemaking process. 

The issues that have been raised and discussed during this rulemaking process can be categorized as 

follows:

• Rooftop tile cutting exemption

• Affirmative defense during a wind event

• “Immediate” clean-up of trackout

• Definition of “area accessible to the public” and “public roadways”

• Definition of “gravel pad”

• Definition of “unpaved parking lot”

• Stabilization standards for unpaved parking lots and unpaved roads

• “As necessary”

• Alternative control measures

Details about these issues are described below. Following such discussion is a list of specific 

amendments being proposed in Rules 310 and 310.01.

Issues Raised and Discussed During This Rulemaking Process: 

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Rooftop Tile Cutting Exemption: The department received a formal request from Ballard Spahr 

Andrews & Ingersoll, LLP (Ballard Spahr) to exempt rooftop tile cutting from Rule 310. Because an 

acceptable dust control measure had not been identified that did not compromise worker safety or was 

not cost prohibitive, Ballard Spahr, representing certain entities which conduct rooftop tile cutting 

operations, requested that the department exempt tile cutting, when it is occurring on a roof, from the 

visible emissions requirements in Rule 310, Section 303 - specifically the 20% opacity limitation and 

the property line requirement. The exemption request was only for tile cutting that occurs on a rooftop. 

Ballard Spahr provided the following documentation in defense of their exemption request:

• Study results from the National Institute of Occupational Safety And Health (NIOSH) regarding 

dust control measures for rooftop tile cutting and alternative solutions;

• An analysis of shrouding or total enclosure suggested by the department;

• Effectiveness evaluations for engineering controls in reducing respirable dust, silica exposures, 

and noise during tasks where roofers cut concrete roofing tiles; and

• An example of the California Department of Industrial Relations, Division of Occupational Safety 

And Health (Cal/OSHA) construction safety regulation enacted in October 2008 requiring 

measures to reduce employee exposure from silica dust-generating operations in which rooftop tile 

cutting activities are exempt.

The department reviewed the documentation submitted by Ballard Spahr and is proposing to revise

Rule 310 to include an exemption for rooftop tile cutting (Rule 310, new Section 103.5), when such 

activity is occurring on a pitched roof. The department has prepared an analysis of the requested 

exemption and an explanation of why the department has decided to propose an exemption for rooftop 

tile cutting from Rule 310. See Item 7 of this notice for more information regarding the department’s 

analysis and explanation.

Affirmative Defense During A Wind Event: The department was requested to revise the provision in 

Rule 310 regarding an affirmative defense in an enforcement action if an owner and/or operator 

exceeds the opacity limits during a wind event (Rule 310, Section 303.2(a)). The argument posed in 

opposition to the current provision was that “[t]he wind event definition itself is dysfunctional, because 

a 25 mph wind as a sixty minute average is so rare as to be valueless and there is no way to determine 

whether the definition has been met until the sixty-first minute, which is much too late to institute 

mitigatory measures.” Alternatives under discussion included an instantaneous wind speed standard, 

Clark County’s definition, which centers around what wind causes (excess opacity) rather than a 

specific speed, and establishing the dust control permit as the standard to which the permittee must 

comply in order to assert the affirmative defense rather than the control measures listed in Rule 310 

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specific to an affirmative defense during a wind event. EPA informed the department that an 

instantaneous standard for a wind event is less stringent than the current provision in Rule 310.

The department considered the issues and is proposing to delete text regarding the wind event 

exemption from the visible emissions requirement (Rule 310, Section 303.2(a)). In its place, the 

department is proposing to add text similar to Clark County rule 94.9.3 and to retain some text from 

the existing version of Rule 310. The intent of the proposed replacement language is to require 

escalating controls as winds increase. Ceasing operations is the ultimate control when all else fails. The 

new provision requires ceasing operations at a lower threshold (e.g., earlier and more frequently) 

resulting in a provision that is as stringent as the former provision. Also, the department is proposing to 

delete the definition of “wind event” (Rule 310, Section 236).

“Immediate” Clean-Up of Trackout: The department was requested to replace the word “immediately” 

with a specific time limit for cleaning up trackout. The concern was that the word “immediately” 

creates confusion, because trackout takes time to remove. Even if a person reacts instantaneously to 

begin trackout removal, it takes time for the equipment to be brought to the location and for the 

trackout to be cleaned.

EPA informed the department that the insertion of a specific time limit for cleaning up trackout would 

be less stringent than the current provision in Rule 310.

The department contended that specifying a time period that would be considered “immediate” would 

in essence create a grace period for action once the trackout reaches the regulatory limit. In the 

department’s experience, trackout builds up over time and the individual who can take action has a 

duty to monitor trackout and should be aware that clean-up is needed. The focus should be to prevent 

the trackout from reaching the regulatory limit.

The department considered the issues and is proposing to not amend the trackout provisions, but rather 

to leave the text as currently written: “Clean-up trackout...immediately when trackout...extends a 

cumulative distance of 25 linear feet or more.”

Definition of “Area Accessible To The Public” And Definition of “Public Roadways”: The department 

was asked to make the definition of “area accessible to the public” clear that it applies to paved areas

and to areas outside the work site. The intention being that this clarification would clarify for the 

regulated community and the department what is and is not covered by this definition, and exclude 

private roads that are inside a worksite. Also, in light of the definition of “area accessible to the 

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public”, the department was asked to revise the definition of “public roadways” to exclude public 

access to otherwise private areas and roadways.

The department contended that the basis for these definitions is the fact that members of the public can 

be exposed to fugitive dust from private roadways to which they have access. The term “area 

accessible to the public” covers paved parking lots accessible to the public, schools, churches, and 

gated subdivisions. The term is intended to close a loophole that allowed permittees to use parking lot 

surfaces as trackout control devices without restricting public travel during work hours and to clarify at 

what physical point trackout must be controlled and cleaned up. The key factor is whether an area is 

“open to public travel”. A roadway is not public if either (1) access to private roads is limited by 

posting signs to clearly indicate who might utilize a private roadway or (2) physically limiting access 

by installing barriers. 

The department considered the issues and is proposing to add “paved” and delete “public” in the 

definition of “area accessible to the public” (Rule 310, Section 202). Also, the department is proposing 

to delete the definition of “public roadways” (Rule 310, Section 227), because the concept is already 

captured in the definition of “area accessible to the public”.

Definition of “Gravel Pad”: The department was asked to revise the definition of “gravel pad” to 

address situations in which the exit area is smaller than the gravel pad dimensions required in the rule. 

The department was asked to consider revising the definition such that a gravel pad area be at least 30 

feet wide, but if there is not 30 feet of width/area, then the entire width of the exit should be 

covered/used as a gravel pad. In addition, the department was asked to change the required diameter of 

the rock used in a gravel pad, to change the required length and depth of a gravel pad, and to provide 

studies or other documentation supporting the required dimensions of a gravel pad.

The department considered the issues and is proposing to add a sentence in the definition of “gravel 

pad” (Rule 310, Section 217) to include an unpaved exit less than than 30 feet wide. The proposed 

sentence, particularly the last part – “and such shorter width shall be adequate to prevent trackout” – 

does not imply that width is the only important factor and that width is the only part of the gravel pad 

that must prevent trackout.

The definition of “gravel pad” and the gravel pad dimensions are modeled after those in the Clark 

County Construction Activities Dust Control Handbook. The EPA published “Control of Open 

Fugitive Dust Sources” in 1988 (EPA-450/3-88-008) and revised the document in 1992. The revised 

document, “Fugitive Dust Background Document And Technical Information Document For Best 

Available Control Measures” (EPA-450/2-92-004) provides technical information on control of 

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fugitive dust sources, provides background information that may be useful in determining reasonably 

available control measures (RACM) and best available control measures (BACM) for fugitive dust 

sources, provides technical guidance for the development of BACM strategies for fugitive dust in areas 

that are designated serious nonattainment for PM10. 

Definition of “Unpaved Parking Lot”: The department was asked to revise the definition of “unpaved 

parking lot” to insert a size restriction (i.e., 3,000 square feet) to match the smallest size cited in Senate 

Bill 1552 (Arizona Revised Statutes (A.R.S.) § 49-474.01). The concern was that some size restriction 

was needed to define what constitutes a parking lot in order to prevent the creation of a regulated 

parking lot by a mere single parked vehicle. In addition, the concern was what criteria is used to 

determine that such area is a parking lot/area, when an area is not designated as a parking lot/area in 

the dust control plan.

The department considered the issues and is proposing to add the phrase “that is designated for parking 

in the dust control plan or” in the definition of “unpaved parking lot” (Rule 310, Section 232). In 

addition, to accommodate this amendment, the department is proposing to amend Rule 310, Section 

402.3(b) to specify that unpaved parking lots must be identified on the site drawing required for the 

dust control plan. The department agrees that an isolated incident of “parking, maneuvering, material 

handling, or storing motor vehicles and equipment” does not convert a vacant area or property in use 

for the purpose described in the dust control plan into a parking lot.

Stabilization Standards For Unpaved Parking Lots And Unpaved Roads: The department was asked to 

clarify the stabilization standards (i.e., 20% opacity, silt loading, and silt content) for unpaved parking 

lots and unpaved roads. The concern was that it is unclear with which standard and owner and/or 

operator must comply – one of the standards, two of the standards, or all three of the standards.

The stabilization standards for unpaved parking lots and unpaved roads are described in Rule 310, 

Sections 304.1 and 304.2(a) and in Rule 310.01, Sections 302.6(a)(2), 302.7(a), and 302.10(a). The 

stabilization standards were required by the Federal Implementation Plan (FIP) (64 FR 71304, 

December 21, 1999). The FIP states: “The final FIP rule contains an opacity standard of 20% for 

unpaved roads and unpaved parking lots....Sources subject to the FIP rule will need to comply with 

both a silt content standard and an opacity standard...Surfaces with less than 0.33 oz/ft2 silt loading 

will be considered stable under the FIP rule. However, when silt loading is greater than 0.33 oz/ft2 , the 

silt content standard of 6% for unpaved roads and 8% for unpaved parking lots must be 

met...Retaining both the opacity and the silt content standards and test methods in the FIP rule...will 

allow opportunities to compare the relative value...of the two tests.”

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The department considered the issues and is proposing to revise the stabilization standards for unpaved 

parking lots and unpaved roads to match the intent of such standards as described in the FIP. 

Therefore, both Rule 310 and Rule 310.01 are proposed to be revised to state that, for unpaved parking 

lots and unpaved roads, an owner and/or operator must comply with the 20% opacity standard and the 

silt loading standard (i.e., less than 0.33 oz/ft2

). If silt loading is equal to or greater than 0.33 oz/ft2, 

then an owner and/or operator must comply with the silt content standard (i.e., 8% or less for unpaved 

parking lots and 6% or less for unpaved roads).

“As Necessary”: The department was asked to clarify the phrase “as necessary”, as it is used in Rule 

310 regarding control measures for bulk material stacking, loading and unloading operations, open 

storage piles, and disturbed surface areas. The concern was that the phrase lacks specificity.

The department considered the issues, reviewed Clark County’s Dust Control Handbook and Section 

94 and South Coast’s Best Available Control Measures for construction activities as described in Rule 

403, and is proposing to delete “as necessary” from Rule 310, Sections 305.4(a), 305.4(b), 305.5(a)(1), 

305.5(a)(2), 305.11(b)(1), and 305.11(b)(2). In its place, the department is proposing to add the phrases 

(as control measures for “prior to” stacking, loading, and unloading): “mix material with water or mix 

material with a dust suppressant other than water”. Also, the department is proposing to add the phrase 

(as a control measure for “while disturbed surfaces are being created”): “to keep the soil visibly moist 

throughout the process.”

Alternative Control Measures: The department was asked to add the option of using an alternative 

control measure to the control measures required for livestock activities in Rule 310.01. Also, the 

department was asked to provide further explanation regarding the application and approval process 

for alternative control measures.

The department considered the issues and is proposing to include the option of using an alternative 

control measure for livestock activities in Rule 310.01, Section 302.8(b). In addition, the department 

has developed language that explains the application and approval process for alternative control 

measures. This language will be incorporated into a guidance document, which will, in turn, be 

incorporated into a separate rule in Regulation II of the Maricopa County Air Pollution Control 

Regulations, when such regulation is revised.

Description of Proposed Amendments

Rule 310: Fugitive Dust From Dust-Generating Operations: The amendments being proposed in 

Rule 310 can be categorized as follows:

: 

• To clarify exemptions

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• To clarify dust control permit and dust control plan requirements

• To clarify trackout control device requirements

• To clarify control measures for certain activities

• To clarify how Rule 310 applies to certain sources/dust-generating operations

• To correct typographical or other clerical errors

Details about these proposed amendments are described below.

To clarify exemptions – The proposed amendments will make the following changes to Rule 310 

exemptions:

• Section 103.4

•

: To delete an exemption regarding stabilization requirements for disturbed surface 

areas and to add parallel text to Section 304.3: Disturbed Surface Area to clarify that disturbed 

surface areas are not exempt from the provisions of Rule 310.

Re-Numbered Section 103.4

•

: To amend sentence structure regarding the exemption for 

establishing initial landscapes.

New Section 103.5

•

: To add an exemption for rooftop tile cutting to avoid creating potentially 

unsafe conditions by requiring dust control measures for rooftop tile cutting.

Section 103.6

•

: To delete the exemption regarding fugitive dust and to add parallel text to Section 

216: Definition of Fugitive Dust to clarify that fugitive dust is not considered exempt from the 

provisions of Rule 310.

Section 303.2(a)

•

: To delete text regarding the wind event exemption from the visible emissions 

requirement and to add text similar to Clark County rule 94.9.3. To retain text from existing 

version of Rule 310 to clarify the intent and implementation of the proposed replacement 

language. To delete Section 236: Definition of Wind Event. To delete Section 305.9(a) regarding 

the control measure for blasting operations when wind speed is greater than 25 miles per hour; 

such provision is addressed in the proposed amendments in Section 303.2(a).

New Section 303.2(e): To add a partial exemption from the requirements in Section 303.2(a) 

regarding ceasing operations at a solid waste management facility.

To clarify dust control permit and dust control plan requirements – The proposed amendments 

will make the following changes to clarify dust control permit and dust control plan requirements:

• Section 302.5

•

: To add specification regarding manner and form for filing a permit application.

Section 308.2

•

: To delete “and expiration date” from being required on a project information sign.

Sections 309.1, 310.7 and 404.2

•

: To clarify dust control block permit application and training 

requirements.

New Sections 309.1(e) and 309.2(c): To add text regarding the Control Officer having authority to 

suspend or revoke a certification issued to a person having successfully completed a dust control 

training class.

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• Section 402.3

•

: To clarify the required elements of the drawing for a dust control plan.

New Section 402.3(b)(6)

•

: To add “unpaved parking lot(s)” to the list of items that must be 

included in the drawing for the dust control plan to match revisions proposed to re-numbered 

Section 232: Definition of Unpaved Parking Lot.

Section 406

•

: To add, as last sentence, terms for permits for dust-generating operations to address 

concerns that the department issues Notices of Violation (NOVs) when a permit and a dust control 

plan are both on-site but the permit has expired even though there was a timely application for the 

permit’s renewal.

Section 502.1: To add “for dust control measures” to recordkeeping requirements to specify that 

the department is only interested in water used for dust control purposes.

To clarify trackout control device requirements – The proposed amendments will make the 

following changes to clarify trackout control device requirements:

• Section 217: To clarify that using a 30-foot wide gravel pad is contingent on the physical 

impossibility of widening the existing exit – not mere inconvenience.

To clarify control measures for certain activities – The proposed amendments will make the 

following changes to clarify control measures for certain activities:

• Section 305.4

•

: To re-format the control measures for bulk material stacking, loading, and 

unloading operations, so that control measures are identified for “prior to” stacking, loading, and 

unloading and “while” stacking, loading, and unloading. To delete “as necessary” and, for “prior 

to” stacking, loading, and unloading, to add “mix material with water or mix material with a dust 

suppressant other than water.”

Section 305.5

•

: To re-format the control measures for open storage piles, so that control measures 

are identified for “when not” conducting stacking, loading, and unloading. To delete Section 

305.5(a) regarding control measures for prior to and/or while stacking, loading, and unloading, 

because such control measures are addressed in Section 305.4.

Section 305.11(b)(1)

•

: To delete “as necessary” and to add “to keep the soil visibly moist 

throughout the process”, for the control measure regarding “while disturbed surfaces are being 

created”.

Section 305.11(b)(2): To delete “as necessary” for the control measure regarding “while disturbed 

surfaces are being created”, because “as necessary” is redundant; the control measure specifies 

that water must be applied to maintain a soil moisture content at a minimum of 12%.

To clarify how Rule 310 applies to certain sources/dust-generating operations – The proposed 

amendments will make the following changes to clarify how Rule 310 applies to certain sources/dustgenerating operations:

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• Section 202

•

: To add “paved” and to delete “public” to clarify what is and is not considered an area 

accessible to the public.

Re-Numbered Section 232

•

: To add the phrase “that is designated for parking in the dust control 

plan or” in definition of “unpaved parking lot” to clarify what is considered an unpaved parking 

lot.

Section 227

•

: To delete the definition of “public roadways” because the concept is already captured 

in Section 202: Definition of Area Accessible To The Public.

Section 301

•

: To amend text regarding what constitutes a Rule 310 violation. To use same text that 

was approved in Rule 310 in 2004.

Section 301.4

To correct typographical or other clerical errors; make minor grammatical changes to improve 

readability or clarity; modify the format, order, capitalization, punctuation, or syntax of certain 

text to increase standardization within and among rules; or make various other minor changes of 

a purely editorial nature – The proposed amendments will make the following changes:

: To add a sentence that was previously contained in Section 402.4.

• Section 200

•

: To clarify introduction to definitions section.

Section 205.9

•

: To delete “paved”.

Section 205.11

•

: To delete “paved” and to add “an”.

Re-Numbered Section 229

•

: To delete “a paved” and to add “an”.

Re-Numbered Section 230

•

: To delete “a paved” and to add “an”.

Section 303.1

•

: To delete “opacity limitation” and to add “visible emissions”.

Section 303.1(b)

•

: To delete “suffer”.

Section 303.2

•

: To delete “opacity limitation” and to add “visible emissions”.

Section 303.2(b)

•

: To delete “opacity limit” and to add “visible emissions limits”.

Section 303.2(c)

•

: To delete “opacity” and to add “visible emissions”.

Section 304.1

•

: To clarify the stabilization requirements for unpaved parking lots.

Section 304.2(a)

•

: To clarify the stabilization requirements for unpaved haul/access roads.

Section 304.2(b)

•

: To delete “including” and to add “whether”.

Section 304.3

•

: To delete “including” and to add “whether” and to clarify second sentence 

regarding “visibly distinguishable stabilization characteristics”.

Section 304.3(a)

•

: To delete “soil” and to add “visible”.

Section 305

•

: To move last sentence to second sentence in the introduction.

Section 305.1

•

: To delete “paved” in the heading.

Section 305.2

•

: To delete “a paved” and to add “an”.

Section 305.3

•

: To delete “a paved” and to add “an”. 

Re-Numbered Section 305.5(c): To delete “soil” and to add “visible”.

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• Re-Numbered Section 305.5(d)

•

: To delete “a paved” and to add “an”.

Section 305.10(b)

•

: To add “visible”.

Section 305.11(c)(2)

•

: To delete “in sufficient quantity”.

Section 307

•

: To delete “soil” and to add “visible”.

Section 402.3(b)(5)

•

: To delete “paved”.

Section 402.3(e)

•

: To delete “paved”.

Section 402.4

•

: To delete last sentence and to add sentence to Section 301.4.

Section 504: To delete “adopted” and to add “incorporated”.

Rule 310.01: Fugitive Dust from Non-Traditional Sources of Fugitive Dust: The amendments 

being proposed in Rule 310.01 can be categorized as follows:

• To clarify exemptions

• To clarify control measure requirements

• To clarify how Rule 310.01 applies to certain sources/dust-generating operations

• To correct typographical or other clerical errors

Details about these proposed amendments are described below.

To clarify exemptions – The proposed amendments will make the following changes to Rule 310.01 

exemptions:

• Section 103.4

•

: To delete an exemption regarding stabilization requirements for disturbed surface 

areas, because the exemption contradicts the purpose of Rule 310.01.

Re-Numbered Section 103.4

•

: To amend sentence structure regarding exemption for establishing 

initial landscapes.

Section 103.6: To delete an exemption regarding fugitive dust and to add parallel text to Section 

213: Definition of Fugitive Dust to clarify that disturbed surface areas are not exempt from the 

provisions of Rule 310.01.

To clarify control measure requirements – The proposed amendments will make the following 

changes to clarify control measure requirements:

• Section 214

•

: To clarify that using a 30-foot wide gravel pad is contingent on the physical 

impossibility of widening the existing exit – not mere inconvenience.

Sections 302.4 And 302.5

•

: To add stabilization requirements for vehicle use in open areas and 

vacant lots and for open areas and vacant lots. Such requirements were inadvertently omitted when 

Rule 310.01 was adopted on March 26, 2008.

Section 302.6(b): To clarify relationship between existing control measures for unpaved parking 

lots and Senate Bill 1552 / Arizona Revised Statutes (A.R.S.) § 9-500.04.

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• Section 302.8(b)

•

: To add an alternative control measure option to the control measures required 

for livestock activities.

Sections 302.8(b)(1) and 302.8(b)(2)

•

: To combine Sections 302.8(b)(1) and 302.8(b)(2) into 

Section 302.8(b)(1) and to add two control measures – apply water and install a trackout control 

device (Section 302.8(b)(1)(a)) and limit vehicle trips and vehicle speeds (Section 302.8(b)(1)(d)).

New Section 302.8(b)(3)(e)

•

: To add a control measure for corrals, pens, and arenas.

Section 302.8(c)(1)

•

: To revise first sentence to clarify that at least one control measure from each 

of the three sections must be implemented. To add a sentence regarding alternative control 

measures for livestock activities. 

Section 302.10(c)(2): To amend the traffic count requirements to match traffic count requirements 

in Section 302.7(c)(2). Text was inadvertently omitted when Rule 310.01 was adopted on March 

26, 2008.

To clarify how Rule 310.01 applies to certain sources/dust-generating operations – The proposed 

amendments will make the following changes to clarify how Rule 310.01 applies to certain 

sources/dust-generating operations:

• Section 203

•

: To add “paved” and to delete “public” to clarify what is and is not considered an area 

accessible to the public.

Section 216

•

: To add “residential activities related to feeding and raising animals” to clarify that 

livestock activities apply not only to large arenas and livestock events but also to residential 

activities related to feeding and raising animals.

Section 231: To delete “and any other property dedicated or otherwise reserved for public or 

private street uses, as evidenced by a recorded document, or having thereon a public easement for 

such use” to clarify that the definition of “unpaved roadway” does not apply to private roads.

To correct typographical or other clerical errors; make minor grammatical changes to improve 

readability or clarity; modify the format, order, capitalization, punctuation, or syntax of certain 

text to increase standardization within and among rules; or make various other minor changes of 

a purely editorial nature – The proposed amendments will make the following changes:

• Section 200

•

: To clarify introduction to definitions section.

Section 227

•

: To delete “a paved” and to add “an”.

Section 228

•

: To delete “a paved” and to add “an”.

Section 302.2

•

: To delete “achieve” and to add “and stabilization requirements” and to add “to 

achieve”.

Section 302.4

•

: To delete “visible emissions”.

Section 302.4(a): To delete “and stabilization requirements”.

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• Section 302.4(c)(3)

•

: To delete “achieve the compliance determinations” and to add “meet the 

requirements”.

Section 302.4(c)(5)

•

: To delete “still achieve the compliance determinations described in Section 

501 of this rule” and to add “meet the requirements described in Section 302.5 of this rule”.

Section 302.4(c)(6)

•

: To delete “still achieve the compliance determinations described in Section 

501 of this rule” and to add “meet the requirements described in Section 302.5 of this rule”.

Section 302.5

•

: To delete “visible emissions”.

Section 302.5(a)

•

: To add “and stabilization requirements”.

Section 302.5(b)(1)-(5)

•

: To add “or”. 

Section 302.5(c)(3)

•

: To delete “achieves the compliance determinations” and to add “meets the 

requirements”.

Section 302.6(a)(1)

•

: To delete “suffer”.

Section 302.6(a)(2)

•

: To clarify the stabilization requirements for unpaved parking lots.

Re-Numbered Section 302.6(c)(2)

•

: To delete “paved”. 

Section 302.7

•

: To delete “stabilization”.

Section 302.7(a)

•

: To clarify the stabilization requirements for unpaved roadways (including 

alleys).

Section 302.7(c)(3)(a)

•

: To delete “achieves the compliance determinations” and to add “meets the 

requirements”.

Section 302.8

•

: To delete “visible emissions”.

Section 302.8(a)(3)

•

: To delete “suffer”.

Re-Numbered Section 302.8(b)(2)

•

: To delete “a paved” and to add “an”.

Section 302.8(c)(3)

•

: To delete “paved”.

Section 302.10

•

: To delete “stabilization”.

Section 302.10(a)

•

: To clarify the stabilization requirements for easements, rights-of-way, and 

access roads for utilities.

Section 302.10(c)(3)

•

: To delete “achieves the compliance determinations” and to add “meets the 

requirements”.

Section 501.3: To delete “an open area and vacant lot” and to add “open areas and vacant lots 

and/or open areas and vacant lots”.

6. Demonstration of compliance with A.R.S. § 49-112

Under A.R.S. § 49-479(C), a county may not adopt a rule or ordinance that is more stringent than the 

rules adopted by the Director of ADEQ for similar sources unless it demonstrates compliance with the 

requirements of A.R.S. § 49-112.

: 

A.R.S. § 49-112 (A): 

Page 46 of 720
When authorized by law, a county may adopt a rule, ordinance, or other regulation that is more 

stringent than or in addition to a provision of this title or rule adopted by the director or any board or 

commission authorized to adopt rules pursuant to this title if all the following conditions are met:

1. The rule, ordinance or other regulation is necessary to address a peculiar local condition;

2. There is credible evidence that the rule, ordinance or other regulation is either:

(a) Necessary to prevent a significant threat to public health or the environment that results from 

a peculiar local condition and is technically and economically feasible. 

(b) Required under a federal statute or regulation, or authorized pursuant to an intergovernmental 

agreement with the federal government to enforce federal statutes or regulations if the county

rule, ordinance or other regulation is equivalent to federal statutes or regulations.

The Phoenix Nonattainment Area is the only nonattainment area designated serious for PM10 in 

Arizona. Consequently stronger regulations must be adopted in this area to address a serious health 

threat. On June 6, 2007, EPA found that the Phoenix metropolitan area failed to attain the 24-hour 

PM10 standard by the December 31, 2006, attainment deadline. This failure triggered a special 

requirement under Section 189(d) of the Clean Air Act to submit a SIP revision to EPA by December 

31, 2007, which provides for annual reductions of PM10 or PM10 precursors of not less than five 

percent of the most recent emissions inventory, until the PM10 standard is attained. The Phoenix 

Nonattainment Area is one of three areas in the entire country for which EPA has issued a finding that 

Section 189(d) has been triggered. 

The SIP revision was prepared by the Maricopa Association of Governments and submitted by ADEQ

to EPA by the December 31, 2007, deadline. In March 2008, in response to the SIP revision, the 

department revised Rules 200, 310, 310.01 and Appendix C to implement control measures and 

increase compliance with existing rules. Such previous rule revisions, as published in the Arizona 

Administrative Register (14 A.A.R. 1846, May 16, 2008), complied with A.R.S. § 49-112 (A)(1) and § 

49-112 (A)(2). The department is now proposing to revise Rules 310 and 310.01 to correct 

grammatical errors and to clarify certain sections. These proposed amendments also comply with 

A.R.S. § 49-112 (A)(1) and A.R.S. § 49-112 (A)(2). 

7. A reference to any study relevant to the rule that the agency reviewed and either proposes to rely 

on in its evaluation of or justification for the rule, where the public may obtain or review each 

study, all data underlying each study, and any analysis of each study and other supporting 

material

Clark County Air Quality Regulations, Section 94-Permitting and Dust Control for Construction 

Activities: Sections 94.11.3 and 94.9.3. Available at: 

http://www.accessclarkcounty.com/depts/daqem/aq/rules/pages/regs.aspx

: 

Page 47 of 720
South Coast Air Quality Management District, Rule 403 Fugitive Dust: Rule 403 Section (d)(4). 

Available at: http://www.aqmd.gov/rules/rulesreg.html

Ballard Spahr Andrews & Ingersoll, LLP, "Formal Request for Exemption from Maricopa County 

Rule 310, Fugitive Dust from Dust Generating Operations for Rooftop Tile Cutting", letter, June 5, 

2008. Document available by contacting persons listed in Item 4 of this notice.

Maricopa County Air Quality Department, “Analysis of Rooftop Tile Cutting Exemption”. Document 

available by contacting persons listed in Item 4 of this notice.

8. A showing of good cause why the rule is necessary to promote a statewide interest if the rule will 

diminish a previous grant of authority of a political subdivision

Not applicable

: 

9. The preliminary summary of the economic, small business, and consumer impact: 

9.1 Identification of the proposed rulemaking

This rulemaking is proposing to revise Rules 310: Fugitive Dust From Dust-Generating Operations and 

310.10: Fugitive Dust from Non-Traditional Sources of Fugitive Dust.

9.2 Summary

This proposed rulemaking corrects and clarifies existing rule provisions and definitions to reduce 

confusion and improve understanding and readability. Proposed amendments to these rules are 

described in detail under Item 5 of this notice. 

The department considered the implications of the proposed amendments to the regulated entities and 

the implementing agency and deemed that none of the amendments have potentially significant 

economic impacts. 

Because this rulemaking does not impose any new compliance burdens on regulated entities or 

introduce additional regulatory requirements on the department, it is not necessary for the department

to prepare a detailed economic impact assessment.

9.3 Data Availability and Limitations of Assumptions

Page 48 of 720
The department welcomes all interested parties to provide additional relevant information and 

documentation on the anticipated costs and benefits resulting from compliance with the proposed 

rule(s).

To submit or request additional data on the information included in the economic, small business and 

consumer impact statement, please contact:

Johanna Kuspert or Jo Crumbaker 

Planning and Analysis Division

Maricopa County Air Quality Department

1001 N. Central Ave. Suite 595

Phoenix, AZ 85004

jkuspert@mail.maricopa.gov or jcrumbak@mail.maricopa.gov

10. Name and address of department personnel with whom persons may communicate regarding the 

accuracy of the economic, small business, and consumer impact statement

Name: Johanna M. Kuspert or Jo Crumbaker

: 

Maricopa County Air Quality Department

Address: 1001 N. Central Ave, Suite 595

Phoenix, AZ 85004

Telephone: (602) 506-0169

Fax: (602) 506-6179

E-mail: jkuspert@mail.maricopa.gov or jcrumbak@mail.maricopa.gov

11. The time, place and nature of the proceedings for the amendment of the rule

Written comments will be accepted if received between the date of this publication and October 9, 

2009, 5:00 pm. Written comments may be mailed or hand delivered to the department (see Item 4 of 

this notice). Written comments received during the comment period will be considered formal 

comments to the proposed rules and will be responded to in the Notice of Final Rulemaking.

: 

An oral proceeding will be held on October 8, 2009 at 9:00 am at the Flood Control District of 

Maricopa County – Operations Building, 2801 W. Durango Street, Phoenix, AZ 85009. All comments 

made at this oral proceeding will be considered formal comments and will be recorded and transcribed. 

All formal comments will be addressed in the Notice of Final Rulemaking.

12. Any other matters prescribed by the statute that are applicable to the specific agency or to any 

specific rule or class of rules

Not applicable

: 

Page 49 of 720
13. Incorporations by reference and their location in the rules

Incorporation by Reference: Location: 

: 

ASTM Method C136-06 Rule 310, Section 223

Rule 310, Section 504.1

ASTM Method D2216-05 Rule 310, Section 305.5(b)(2)

Rule 310, Section 305.11(b)(2)

Rule 310, Section 504.2

ASTM Method D1557-02e1 Rule 310, Section 305.5(b)(2)

Rule 310, Section 305.11(b)(2)

Rule 310, Section 504.3

Appendix C: Fugitive Dust Test Methods Rule 310, Section 303.2(c)

Rule 310, Section 304.3

Rule 310, Section 304.4

Rule 310, Section 501.1

Rule 310, Section 501.2

Rule 310.01, Section 302.7(c)(3)(b)

Rule 310.01, Section 501.1(b)

Rule 310.01, Section 501.2

Rule 310.01, Section 501.3

EPA Reference Method 203B Rule 310.01, Section 501.1(a)

EPA Reference Method 22 Rule 310, Section 303.1(b)

Rule 310, Section 501.1(d)

Rule 310, Section 504.4

14. The full text of the rule follows

REGULATION III – CONTROL OF AIR CONTAMINANTS

: 

RULE 310

FUGITIVE DUST FROM DUST-GENERATING OPERATIONS

INDEX

SECTION 100 – GENERAL

101 PURPOSE

102 APPLICABILITY

103 EXEMPTIONS

SECTION 200 – DEFINITIONS

201 AREA A

202 AREA ACCESSIBLE TO THE PUBLIC

203 BULK MATERIAL

204 BULK MATERIAL HANDLING, STORAGE, AND/OR TRANSPORTING 

OPERATION

Page 50 of 720
205 CONTROL MEASURE

206 DISTURBED SURFACE AREA

207 DUST CONTROL IMPLEMENT

208 DUST CONTROL PLAN

209 DUST-GENERATING OPERATION

210 DUST SUPPRESSANT

211 EARTHMOVING OPERATION

212 EMERGENCY

213 EMERGENCY ACTIVITY

214 END OF WORKDAY

215 FREEBOARD

216 FUGITIVE DUST

217 GRAVEL PAD

218 GRIZZLY

219 HAUL TRUCK

220 MOTOR VEHICLE

221 NORMAL FARM CULTURAL PRACTICE

222 OFF-ROAD VEHICLE

223 OPEN STORAGE PILE

224 OWNER AND/OR OPERATOR

225 PAVE

226 PROPERTY LINE

227 PUBLIC ROADWAYS

228 227

229

ROUTINE

228

230

SILT

229

231

TRACKOUT/CARRYOUT

230

232

TRACKOUT CONTROL DEVICE

231

233

UNPAVED HAUL/ACCESS ROAD

232

234

UNPAVED PARKING LOT

233

235

UNPAVED ROAD

234

236 WIND EVENT

WIND-BLOWN DUST

235

SECTION 300 – STANDARDS

WORK SITE

301 GENERAL REQUIREMENTS FOR DUST-GENERATING OPERATIONS

302 PERMIT REQUIREMENTS FOR DUST-GENERATING OPERATIONS

303 VISIBLE EMISSIONS REQUIREMENTS FOR DUST-GENERATING OPERATIONS

304 STABILIZATION REQUIREMENTS FOR DUST-GENERATING OPERATIONS

305 CONTROL MEASURES FOR DUST-GENERATING OPERATIONS

306 TRACKOUT, CARRY-OUT, SPILLAGE, AND/OR EROSION

307 SOIL MOISTURE

308 PROJECT INFORMATION SIGN FOR DUST-GENERATING OPERATIONS

309 DUST CONTROL TRAINING CLASSES FOR DUST-GENERATING OPERATIONS

310 DUST CONTROL COORDINATOR FOR DUST-GENERATING OPERATIONS

SECTION 400 – ADMINISTRATIVE REQUIREMENTS

401 DUST CONTROL PERMIT REQUIREMENTS

402 DUST CONTROL PLAN REQUIREMENTS

403 DUST CONTROL PLAN REVISIONS

404 DUST CONTROL BLOCK PERMIT REQUIREMENTS

405 APPROVAL OR DENIAL OF PERMIT APPLICATIONS FOR DUST-GENERATING 

OPERATIONS

406 TERMS FOR PERMITS FOR DUST-GENERATING OPERATIONS

Page 51 of 720
407 DEFACING, ALTERING, FORGING, COUNTERFEITING, OR FALSIFYING 

PERMITS FOR DUST-GENERATING OPERATIONS

408 FEES FOR PERMITS FOR DUST-GENERATING OPERATIONS

409 POSTING OF PERMITS FOR DUST-GENERATING OPERATIONS

410 COMPLIANCE SCHEDULE

SECTION 500 – MONITORING AND RECORDS

501 COMPLIANCE DETERMINATION

502 RECORDKEEPING

503 RECORDS RETENTION

504 TEST METHODS ADOPTED BY REFERENCE

Revised 07/13/88

Revised 07/06/93

Revised 09/20/94

Revised 06/16/99

Revised 02/16/00

Revised 04/07/04

Revised 03/26/08

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION III – CONTROL OF AIR CONTAMINANTS

RULE 310

FUGITIVE DUST FROM DUST-GENERATING OPERATIONS

SECTION 100 – GENERAL

101 PURPOSE: To limit particulate matter (PM10) emissions into the ambient air from any property, 

operation or activity that may serve as a fugitive dust source. The effect of this rule shall be to 

minimize the amount of PM10 entrained into the ambient air as a result of the impact of human 

activities by requiring measures to prevent, reduce, or mitigate particulate matter emissions.

102 APPLICABILITY: The provisions of this rule shall apply to all dust-generating operations 

except for those dust-generating operations listed in Section 103 of this rule.

103 EXEMPTIONS: The provisions of this rule shall not apply to the following activities:

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

Arizona Revised Statutes (A.R.S.) § 49-457 and A.R.S. § 49-504.4.

103.2 The provisions of this rule shall not apply to the following non-traditional sources of 

fugitive dust that are located at sources that do not require any permit under these rules. 

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

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

Fugitive Dust of these rules:

a. Vehicle use in open areas and vacant lots.

b. Open areas and vacant lots.

c. Unpaved parking lots.

d. Unpaved roadways (including alleys).

e. Livestock activities.

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

g. Easements, rights-of-way, and access roads for utilities (transmission of electricity, 

natural gas, oil, water, and gas).

Page 52 of 720
103.3 The provisions of this rule shall not apply to emergency activities that may disturb the 

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

restore critical utilities to functional status.

103.4 An area is considered to be a disturbed surface area until the activity that caused the 

disturbance has been completed and the disturbed surface area meets the standards 

described in Section 304 of this rule.

103.5 103.4 Establishing The provisions of this rule do not apply to the establishment of initial 

landscapes without the use of mechanized equipment, conducting landscape maintenance 

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

non-motorized sports shall not be considered a dust-generating operation. However, 

establishing initial landscapes without the use of mechanized equipment and conducting 

landscape maintenance without the use of mechanized equipment shall not include 

grading, or trenching performed to establish initial landscapes or to redesign existing 

landscapes.

103.5

103.6 Fugitive dust does not include particulate matter emitted directly from the exhaust of 

motor vehicles and other internal combustion engines, from portable brazing, soldering, 

or welding equipment, and from piledrivers, and does not include emissions from process 

and combustion sources that are subject to other rules in Regulation III-Control of Air 

Contaminants of these rules.

The provisions of this rule shall not apply to rooftop operations for cutting, drilling, 

grinding, or coring roofing tile when such activity is occurring on a pitched roof.

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

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

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

the definitions in this rule take precedence.

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

See Rule 100, General Provisions and Definitions of 

these rules for definitions of terms that are used but not specifically defined in this rule.

Township 8 North, Range 2 East and Range 3 East

Township 7 North, Range 2 West through Range 5 East

Township 6 North, Range 5 West through Range 6 East

Township 5 North, Range 5 West through Range 7 East

Township 4 North, Range 5 West through Range 8 East

Township 3 North, Range 5 West through Range 8 East

Township 2 North, Range 5 West through Range 8 East

Township 1 North, Range 5 West through Range 7 East

Township 1 South, Range 5 West through Range 7 East

Township 2 South, Range 5 West through Range 7 East

Township 3 South, Range 5 West through Range 1 East

Township 4 South, Range 5 West through Range 1 East

202 AREA ACCESSIBLE TO THE PUBLIC – Any paved parking lot or paved

203 BULK MATERIAL – Any material, including, but not limited to, the following materials that are 

capable of producing fugitive dust:

public roadway that 

can be entered or used for public travel primarily for purposes unrelated to the dust-generating 

operation.

203.1 Earth.

203.2 Rock.

Page 53 of 720
203.3 Silt.

203.4 Sediment.

203.5 Sand.

203.6 Gravel.

203.7 Soil.

203.8 Fill.

203.9 Aggregate less than 2 inches in length or diameter (i.e., aggregate base course [ABC]).

203.10 Dirt.

203.11 Mud.

203.12 Demolition debris.

203.13 Cotton.

203.14 Trash.

203.15 Cinders.

203.16 Pumice.

203.17 Saw dust.

203.18 Feeds.

203.19 Grains.

203.20 Fertilizers.

203.21 Fluff from shredders.

203.22 Dry concrete.

204 BULK MATERIAL HANDLING, STORAGE, AND/OR TRANSPORTING OPERATION – 

The use of equipment, haul trucks, and/or motor vehicles, including, but not limited to, for the 

following activities that are capable of producing fugitive dust:

204.1 Loading.

204.2 Unloading.

204.3 Conveying.

204.4 Transporting.

204.5 Piling.

204.6 Stacking.

204.7 Screening.

204.8 Grading.

204.9 Moving bulk materials.

205 CONTROL MEASURE – A technique, practice, or procedure used to prevent or minimize the 

generation, emission, entrainment, suspension, and/or airborne transport of fugitive dust. Control 

measures include, but are not limited to:

205.1 Curbing;

205.2 Paving;

205.3 Pre-watering;

205.4 Applying dust suppressants;

205.5 Physically stabilizing with vegetation, gravel, recrushed/recycled asphalt or other forms 

of physical stabilization;

205.6 Limiting, restricting, phasing and/or rerouting motor vehicle access;

205.7 Reducing vehicle speeds and/or number of vehicle trips;

205.8 Limiting use of off-road vehicles on open areas and vacant lots;

205.9 Utilizing work practices and/or structural provisions to prevent wind and water erosion 

onto paved areas accessible to the public;

205.10 Appropriately using dust control implements;

205.11 Installing one or more grizzlies, gravel pads, and/or wash down pads adjacent to the 

entrance of a paved an

205.12 Keeping open-bodied haul trucks in good repair, so that spillage may not occur from 

beds, sidewalls, and tailgates; and

area accessible to the public to control carry-out and trackout;

205.13 Covering the cargo beds of haul trucks to minimize wind-blown dust emissions and 

spillage.

Page 54 of 720
206 DISTURBED SURFACE AREA – A portion of the earth's surface or material placed on the 

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

from its undisturbed native condition if the potential for the emission of fugitive dust is increased 

by the movement, destabilization, or modification.

207 DUST CONTROL IMPLEMENT – A tool, machine, equipment, accessory, structure, 

enclosure, cover, material or supply, including an adequate readily available supply of water and 

its associated distribution/delivery system, used to control fugitive dust emissions.

208 DUST CONTROL PLAN – A written plan describing all control measures to be implemented 

and maintained in order to prevent or minimize the generation, emission, entrainment, suspension, 

and/or airborne transport of fugitive dust.

209 DUST-GENERATING OPERATION – Any activity capable of generating fugitive dust, 

including, but not limited to, the following activities:

209.1 Land clearing, maintenance, and land clean-up using mechanized equipment.

209.2 Earthmoving.

209.3 Weed abatement by discing or blading.

209.4 Excavating.

209.5 Construction.

209.6 Demolition.

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

stacking, loading, and unloading operations).

209.8 Storage and/or transporting operations (e.g., open storage piles, bulk material hauling 

and/or transporting, bulk material stacking, loading, and unloading operations).

209.9 Operation of any outdoor equipment.

209.10 Operation of motorized machinery.

209.11 Establishing and/or using staging areas, parking areas, material storage areas, or access 

routes to and from a site.

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

209.13 Disturbed surface areas associated with a site.

209.14 Installing initial landscapes using mechanized equipment.

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

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

for ground surface application by the U.S. Environmental Protection Agency (EPA) or the Arizona 

Department of Environmental Quality (ADEQ) or any applicable law, rule, or regulation, as a 

treatment material for reducing fugitive dust emissions.

211 EARTHMOVING OPERATION – The use of any equipment for an activity which that

211.1 Cutting and filling.

may 

generate fugitive dust, such as but not limited to, the following activities:

211.2 Grading.

211.3 Leveling.

211.4 Excavating.

211.5 Trenching.

211.6 Loading or unloading of bulk materials.

211.7 Demolishing.

211.8 Blasting.

211.9 Drilling.

211.10 Adding bulk materials to or removing bulk materials from open storage piles.

211.11 Back filling.

211.12 Soil mulching.

211.13 Landfill operations.

211.14 Weed abatement by discing or blading.

Page 55 of 720
212 EMERGENCY – A situation arising from sudden and reasonably unforeseeable events beyond 

the control of the source, including acts of God, which situation requires immediate corrective 

action to restore normal operation, and that causes the source to exceed a limitation in this rule, 

due to unavoidable increases in emissions attributable to the emergency. An emergency shall not 

include any noncompliance due to improperly designed equipment, lack of preventative 

maintenance, careless or improper operation, or operator error.

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

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

other utilities due to unforeseen circumstances that are beyond the routine maintenance and repair 

due to normal wear conducted by a utility or municipality.

214 END OF WORKDAY – The end of a working period that may include one or more work shifts. 

If working 24 hours a day, the end of a working period shall be considered no later than 8 pm.

215 FREEBOARD – The vertical distance between the top edge of a cargo container area and the 

highest point at which the bulk material contacts the sides, front, and back of a cargo container 

area.

216 FUGITIVE DUST – The particulate matter not collected by a capture system, that is entrained in 

the ambient air, and is caused from human and/or natural activities, such as, but not limited to, the 

movement of soil, vehicles, equipment, blasting, and wind. 

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

larger in diameter, that is maintained at the point of intersection of a paved

For the purpose of this rule, fugitive 

dust does not include particulate matter emitted directly from the exhaust of motor vehicles and 

other internal combustion engines, from portable brazing, soldering, or welding equipment, and 

from piledrivers, and does not include emissions from process and combustion sources that are 

subject to other rules in Regulation III-Control of Air Contaminants of these rules.

an area accessible to 

the public and a work site entrance exit to dislodge mud, dirt, and/or debris from the tires of motor 

vehicles and/or haul trucks, prior to leaving the work site. A gravel pad shall consist of one inch to 

3 inches rough diameter, clean, well-graded gravel or crushed rock. Minimum dimensions must be 

30 feet wide by 3 inches deep, and, at minimum, 50 feet long or the length of the longest haul 

truck, whichever is greater. 

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

the tires and undercarriage of motor vehicles and/or haul trucks prior to leaving the work site.

If an unpaved surface exit does not have adequate width to install a 

30-foot wide gravel pad, then the width of the gravel pad must cover the full width of the unpaved 

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

219 HAUL TRUCK – Any fully or partially open-bodied self-propelled vehicle including any nonmotorized attachments, such as, but not limited to, trailers or other conveyances that are connected 

to or propelled by the actual motorized portion of the vehicle used for transporting bulk materials.

220 MOTOR VEHICLE – A self-propelled vehicle for use on the public roads and highways of the 

State of Arizona and required to be registered under the Arizona State Uniform Motor Vehicle 

Act, including any non-motorized attachments, such as but not limited to, trailers or other 

conveyances which are connected to or propelled by the actual motorized portion of the vehicle.

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

independent contractor, and/or supplier conducted on any facility for the production of crops 

and/or nursery plants. Disturbances of the field surface caused by turning under stalks, tilling, 

leveling, planting, fertilizing, or harvesting are included in this definition.

Page 56 of 720
222 OFF-ROAD VEHICLE – Any self-propelled conveyance specifically designed for off-road use, 

including, but not limited to, off-road or all-terrain equipment, trucks, cars, motorcycles, 

motorbikes, or motorbuggies.

223 OPEN STORAGE PILE – Any accumulation of bulk material with a 5% or greater silt content 

that has a total surface area of 150 square feet or more and that at any one point attains a height of 

three feet. Silt content shall be assumed to be 5% or greater unless a person can show, by testing in 

accordance with ASTM Method C136-06 or other equivalent method approved in writing by the 

Control Officer and the Administrator that the silt content is less than 5%.

224 OWNER AND/OR OPERATOR – The person including, but not limited to, the property owner, 

lessee, developer, responsible official, Dust Control permit applicant (who may also be the 

responsible party contracting to do the work), general contractor, prime contractor, supervisor, 

management company, or any person who owns, leases, operates, controls, or supervises a dustgenerating operation subject to the requirements of this rule.

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

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

226 PROPERTY LINE – The boundaries of an area in which either a person causing the emission or 

a person allowing the emission has the legal use or possession of the property. Where such 

property is divided into one or more sub-tenancies, the property line(s) shall refer to the 

boundaries dividing the areas of all sub-tenancies.

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

228 227

229

ROUTINE – Any dust-generating operation which occurs more than 4 times per year or lasts 30 

cumulative days or more per year.

228

230

SILT – Any aggregate material with a particle size less than 75 micrometers in diameter, which 

passes through a No. 200 Sieve.

229 TRACKOUT/CARRYOUT – Any and all bulk materials that adhere to and agglomerate on the 

surfaces of motor vehicles, haul trucks, and/or equipment (including tires) and that have fallen or 

been deposited onto a paved an

231

area accessible to the public.

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

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

232

area accessible to the 

public that controls or prevents vehicular trackout.

231

233

UNPAVED HAUL/ACCESS ROAD – Any on-site unpaved road used by commercial, 

industrial, institutional, and/or governmental traffic.

232 UNPAVED PARKING LOT – Any area that is not paved and that is designated for parking in 

the Dust Control Plan or that is used for parking, maneuvering, material handling, or storing motor 

vehicles and equipment. An unpaved parking lot includes, but is not limited to, automobile 

impound yards, wrecking yards, automobile dismantling yards, salvage yards, material handling 

yards, and storage yards. For the purpose of this definition rule

234

, maneuvering shall not include 

military maneuvers or exercises conducted on federal facilities.

233 UNPAVED ROAD – Any road or equipment path that is not paved. For the purpose of this rule, 

an unpaved road is not a horse trail, hiking path, bicycle path, or other similar path used 

exclusively for purposes other than travel by motor vehicles.

Page 57 of 720
235 234

236 WIND EVENT – When the 60-minute average wind speed is greater than 25 miles per hour.

WIND-BLOWN DUST – Visible emissions, from any disturbed surface area, that are generated 

by wind action alone.

235

SECTION 300 – STANDARDS

WORK SITE – Any property upon which any dust-generating operations occur.

301 GENERAL REQUIREMENTS FOR DUST-GENERATING OPERATIONS: Any person 

engaged in a dust-generating operation subject to this rule shall be subject to the standards and/or 

requirements of this rule before, after, and while conducting such dust-generating operation, 

including during weekends, after work hours, and on holidays. Failure to comply with any one of 

the following requirements shall constitute a violation.

301.1 Visible emissions requirements from dust-generating operations described in Section 303 

of this rule.

301.2 Stabilization requirements described in Section 304 of this rule.

Any person engaged in a dust-generating operation subject to this rule shall 

be subject to the standards and/or requirements of this rule before, after, and while 

conducting such dust-generating operation, including during weekends, after work hours, 

and on holidays.

301.3 Control measures described in Section 305 of this rule.

For the purpose of this 

rule, any control measure that is implemented must achieve the applicable standard(s) 

described in this rule, as determined by the corresponding test method(s), as applicable, and 

must achieve other applicable standard(s) set forth in this rule.

301.4 Trackout, carry-out, spillage, and/or erosion requirements described in Section 306 of this 

rule.

Regardless of whether a dustgenerating operation is in compliance with an approved Dust Control Plan or there is no 

approved Dust Control Plan, the owner and/or operator of a dust-generating operation shall 

be subject to all requirements of this rule at all times.

301.5 Soil moisture requirements described in Section 307 of this rule.

Failure to comply with the provisions of this rule, as applicable, and/or of an 

approved Dust Control Plan, shall constitute a violation.

301.6 Dust control training class requirements described in Section 309 of this rule.

301.7 Dust control permit requirements described in Section 401 of this rule.

301.8 Dust Control Plan requirements described in Section 402 of this rule.

301.9 Monitoring and recordkeeping requirements described in Section 500 of this rule.

301.10 Any other requirements of this rule.

302 PERMIT REQUIREMENTS FOR DUST-GENERATING OPERATIONS:

302.1 No person shall commence construction of, operate, or make a modification to any dustgenerating operation when such dust-generating operations disturb a total surface area of 

0.10 acre (4,356 square feet) or more without first obtaining a permit or permit revision 

from the Control Officer.

302.2 No person shall commence construction of, operate, or make a modification to any dustgenerating operation that disturbs a total surface area of less than 0.10 acre (4,356 square 

feet) under common control that are either contiguous or separated only by a public or 

private roadway and that cumulatively equal or exceed 0.10 acre (4,356 square feet) in 

area without first obtaining a permit or permit revision from the Control Officer.

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302.3 No person shall commence any routine dust-generating operation that disturbs a surface 

area of 0.10 acre or greater at a site that has obtained or must obtain a Title V, Non-Title 

V, or General permit under Regulation II-Permits and Fees of these rules without first 

submitting to the Control Officer a Dust Control Plan.

302.4 The property owner, lessee, developer, responsible official, Dust Control permit applicant 

(who may also be the responsible party contracting to do the work), general contractor, 

prime contractor, supervisor, management company, or any person who owns, leases, 

operates, controls, or supervises a dust-generating operation subject to the requirements 

of this rule shall be responsible for obtaining a permit or permit revision from the Control 

Officer.

302.5 All permit applications shall be filed in the manner and form prescribed by the Control 

Officer, which includes, but is not limited to, the requirements of Section 400 of this rule.

302.6 The issuance of any permit or permit revision shall not relieve any person subject to the 

requirements of this rule from compliance with any Federal laws, Arizona laws, or these 

rules.

The application shall contain all the information necessary to enable the Control Officer 

to make the determination to grant or to deny a permit or permit revision, which shall 

contain such terms and conditions as the Control Officer deems necessary to assure a 

source's compliance with the requirements of this rule.

302.7 Any other law, regulation or permit shall not relieve any person from obtaining a permit 

or permit revision required under this rule.

303 VISIBLE EMISSIONS REQUIREMENTS FOR DUST-GENERATING OPERATIONS:

303.1 Dust-Generating Operation Opacity Limitation Visible Emissions

a. The owner and/or operator of a dust-generating operation shall not cause or allow 

visible fugitive dust emissions to exceed 20% opacity.

Requirement: The 

owner and/or operator of a dust-generating operation shall not allow visible fugitive dust 

emissions to exceed the limits listed in either one of the following:

b. The owner and/or operator of a dust-generating operation shall not cause, suffer, or 

allow visible emissions of particulate matter, including fugitive dust, beyond the 

property line within which the emissions are generated. Visible emissions shall be 

determined by a standard of no visible emissions exceeding 30 seconds in duration in 

any six-minute period as determined by using EPA Reference Method 22.

303.2 Exemptions from Dust-Generating Operation Opacity Limitation Visible Emissions

a. Wind Event: Exceedances of the opacity limit described in Section 303.1 of this rule 

that occur due to a wind event shall constitute a violation of the opacity limit. 

However, it shall be an affirmative defense in an enforcement action if the owner 

and/or operator demonstrates all of the following conditions:

Requirement:

(1) All control measures required were followed and one or more of the following 

control measures were applied and maintained:

If wind conditions 

cause fugitive dust emissions to exceed the visible emissions requirements in Section 

303.1(a) of this rule, despite implementation of the Dust Control Plan, an owner 

and/or operator shall:

Ensure that all control measures 

and requirements of the Dust Control Plan were implemented and the subject 

violations could not have been prevented by better application, operation, or 

maintenance of these measures and requirements.

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(a) For dust-generating operations:

(i) Cease dust-generating operations for the duration of the 

condition/situation/event when the 60-minute average wind speed is 

greater than 25 miles per hour and if dust-generating operations are 

ceased for the remainder of the workday, stabilize the area;

(ii) Apply water or other suitable dust suppressant at least twice per hour to 

dust-generating operations in the PM10 nonattainment area and at least 

once per hour to dust-generating operations outside the PM10

nonattainment area;

(iii) Apply water as necessary to maintain a soil moisture content at a 

minimum of 12%, as determined by ASTM Method D2216-05 or other 

equivalent method as approved by the Control Officer and the Administrator. For areas that have an optimum moisture content for compaction of less than 12%, as determined by ASTM Method D1557-02e1 or 

other equivalent method approved by the Control Officer and the 

Administrator, maintain at least 70% of the optimum soil moisture 

content; or

(iv) Implement Section 303.2(a)(1)(a)(ii) or Section 303.2(a)(1)(a)(iii) of 

this rule and construct fences or three-foot to five-foot high wind 

barriers with 50% or less porosity adjacent to roadways or urban areas 

to reduce the amount of wind-blown material leaving a site.

(b) For temporary disturbed surface areas, including, but not limited to, after 

work hours, weekends, and holidays:

(i) Uniformly apply and maintain surface gravel or dust suppressants;

(ii) Apply water to all disturbed surface areas three times per day. If there 

is any evidence of wind-blown dust, increase watering frequency to a 

minimum of four times per day;

(iii) Apply water on open storage piles at least twice per hour to temporary 

disturbed surface areas in the PM10 nonattainment area and at least once 

per hour to temporary disturbed surface areas outside the PM10

nonattainment area; or

(iv) Cover open storage piles with tarps, plastic, or other material such that 

wind will not remove the covering(s).

(2) Exceedances of the opacity limit described in Section 303.1 of this rule could 

not have been prevented by better application, implementation, operation, or 

maintenance of control measures;

(3) The owner and/or operator compiled and retained records, in accordance with 

Section 502-Recordkeeping of this rule; and

Cease dust-generating operations and stabilize 

any disturbed surface area consistent with Section 304.3 of this rule.

(4) The occurrence of a wind event on the day(s) in question is documented by 

records. The occurrence of a wind event must be determined by the nearest 

Maricopa County Air Quality Department monitoring station, from any other 

certified meteorological station, or by a wind instrument that is calibrated 

according to manufacturer’s standards and that is located at the site being 

checked. 

Compile records consistent with 

Sections 502 and 503 of this rule and document control measure and other Dust 

Control Plan requirement implementation.

b. Emergency Maintenance of Flood Control Channels and Water Retention 

Basins: The opacity limit visible emissions limits described in Section 303.1 of this 

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rule shall not apply to emergency maintenance of flood control channels and water 

retention basins, provided that control measures are implemented.

c. Vehicle Test and Development Facilities and Operations: The opacity visible 

emissions

d. Activities Near the Property Line: The opacity limit described in Section 303.1(b) 

of this rule shall not apply to dust-generating operations conducted within 25 feet of 

the property line.

limit described in Section 303.1(a) of this rule shall not apply to vehicle 

test and development facilities and operations when dust is required to test and 

validate design integrity, product quality, and/or commercial acceptance, if such 

testing is not feasible within enclosed facilities. However, all areas used to test and 

validate design integrity, product quality, and/or commercial acceptance shall be 

stabilized after such testing, in compliance with Appendix C (Fugitive Dust Test 

Methods) of these rules. All areas not used to test and validate design integrity, 

product quality, and/or commercial acceptance shall be stabilized, in compliance 

with Appendix C (Fugitive Dust Test Methods) of these rules. In addition, vehicle 

test and development facilities may require a Dust Control permit in accordance with 

Section 302 of this rule.

e. Ceasing Operations at a Solid Waste Management Facility:

304 STABILIZATION REQUIREMENTS FOR DUST-GENERATING OPERATIONS:

The requirement in 

Section 303.2(a)(2) of this rule to cease dust-generating operations if wind 

conditions cause fugitive dust emissions to exceed the visible emissions 

requirements in Section 303.1(a) of this rule shall not apply to daily compaction and 

covering of refuse if ceasing operations violates Arizona Department Of 

Environmental Quality solid waste management rules or causes or threatens to cause 

a public health hazard or nuisance. However, the owner and/or operator must comply 

with all other provisions in Section 303.2(a) of this rule.

304.1 Unpaved Parking Lot: The owner and/or operator of any unpaved parking lot shall not 

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

loading equal to or greater than 0.33 oz/ft2. and either Section 304.1(a) or Section 

304.1(b) of this rule:

a. Shall not allow silt loading equal to or greater than 0.33 oz/ft2; or

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

the owner and/or operator shall not allow the silt content to exceed 8%.

b. Shall not allow the silt content to exceed 8%.

304.2 Unpaved Haul/Access Road:

a. The owner and/or operator of any unpaved haul/access road (whether including at a 

work site that is under construction or at a work site that is temporarily or 

permanently inactive) shall not allow visible fugitive dust emissions to exceed 20% 

opacity and shall not allow silt loading equal to or greater than 0.33 oz/ft2

. and either 

Section 304.2(a)(1) or Section 304.2(a)(2) of this rule:

(1) Shall not allow silt loading equal to or greater than 0.33 oz/ft2; or

However, if silt loading is 

equal to or greater than 0.33 oz/ft2, then the owner and/or operator shall not allow the 

silt content to exceed 6%.

(2) Shall not allow the silt content to exceed 6%.

b. The owner and/or operator of any unpaved haul/access road (including whether at a 

work site that is under construction or a work site that is temporarily or permanently 

inactive) shall, as an alternative to meeting the stabilization requirements for an 

unpaved haul/access road in Section 304.2(a) of this rule, limit vehicle trips to no 

more than 20 per day per road and limit vehicle speeds to no more than 15 miles per 

hour. If complying with this section of this rule, the owner and/or operator must 

include, in a Dust Control Plan, the maximum number of vehicle trips on the 

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unpaved haul/access roads each day (including number of employee vehicles, 

earthmoving equipment, haul trucks, and water trucks) and a description of how 

vehicle speeds will be restricted to no more than 15 miles per hour.

304.3 Disturbed Surface Area: The owner and/or operator of any disturbed surface area on 

which no activity is occurring (including whether at a work site that is under construction 

or a work site that is temporarily or permanently inactive) shall meet at least one of the 

standards described in Sections 304.3(a) through 304.3(g) below, as applicable. Should 

any such a disturbed surface area on which no activity is occurring contain more than one 

type of visibly distinguishable stabilization characteristics stabilization characteristic, 

such as soil, vegetation, or other characteristics characteristic, which are is visibly 

distinguishable, then the owner and/or operator shall test each representative surface 

separately for stability, in an area that represents a random portion of the overall 

disturbed conditions of the site, in accordance with the appropriate test methods 

described in Section 501.2(c) of this rule and in Appendix C (Fugitive Dust Test 

Methods) of these rules. The owner and/or operator of such disturbed surface area on 

which no activity is occurring shall be considered in violation of this rule if the area is not 

maintained in a manner that meets at least one of the standards listed below, as 

applicable.

a. Maintain a soil

An area is considered to be a disturbed surface area until the activity that 

caused the disturbance has been completed and the disturbed surface area meets the 

standards described in this section of this rule.

visible

b. Maintain a threshold friction velocity (TFV) for disturbed surface areas corrected for 

non-erodible elements of 100 cm/second or higher;

crust;

c. Maintain a flat vegetative cover (i.e., attached (rooted) vegetation or unattached 

vegetative debris lying on the surface with a predominant horizontal orientation that 

is not subject to movement by wind) that is equal to at least 50%;

d. Maintain a standing vegetative cover (i.e., vegetation that is attached (rooted) with a 

predominant vertical orientation) that is equal to or greater than 30%;

e. Maintain a standing vegetative cover (i.e., vegetation that is attached (rooted) with a 

predominant vertical orientation) that is equal to or greater than 10% and where the 

threshold friction velocity is equal to or greater than 43 cm/second when corrected 

for non-erodible elements;

f. Maintain a percent cover that is equal to or greater than 10% for non-erodible 

elements; or

g. Comply with a standard of an alternative test method, upon obtaining the written 

approval from the Control Officer and the Administrator.

304.4 Vehicle Test and Development Facilities and Operations: No stabilization requirement 

shall apply to vehicle test and development facilities and operations when dust is required 

to test and validate design integrity, product quality, and/or commercial acceptance, if 

such testing is not feasible within enclosed facilities. However, all areas used to test and 

validate design integrity, product quality, and/or commercial acceptance shall be 

stabilized after such testing, in compliance with Appendix C (Fugitive Dust Test 

Methods) of these rules. All areas not used to test and validate design integrity, product 

quality, and/or commercial acceptance shall be stabilized, in compliance with Appendix 

C (Fugitive Dust Test Methods) of these rules. In addition, vehicle test and development 

facilities may require a Dust Control permit in accordance with Section 302 of this rule.

305 CONTROL MEASURES FOR DUST-GENERATING OPERATIONS: When engaged in a 

dust-generating operation, the owner and/or operator shall install, maintain, and use control 

measures, as applicable. Control measures for specific dust-generating operations are described in 

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Section 305.1 through Section 305.12 of this rule.

305.1 Off-Site Hauling onto Paved Areas Accessible to the Public: The owner and/or 

operator of a dust-generating operation that involves off-site hauling shall implement the 

following control measures:

The owner and/or operator of a dust-generating 

operation shall implement control measures before, after, and while conducting dust-generating 

operations, including during weekends, after work hours, and on holidays. At least one primary 

control measure and one contingency control measure must be identified in the Dust Control Plan 

for all dust-generating sources. Control measures for specific dust-generating operations are 

described in Section 305.1 through Section 305.12 of this rule.

a. When cargo compartment is loaded:

(1) Load all haul trucks such that the freeboard is not less than three inches;

(2) Load all haul trucks such that at no time shall the highest point of the bulk 

material be higher than the sides, front, and back of a cargo container area;

(3) Prevent spillage or loss of bulk material from holes or other openings in the 

cargo compartment’s floor, sides, and/or tailgate(s); and

(4) Cover the

b. When cargo compartment is empty:

cargo compartment with a tarp or other suitable closure.

(1) Clean the interior of the cargo compartment; or

(2) Cover the cargo compartment with a tarp or other suitable closure.

c. When off-site hauling, install, maintain, and use a suitable trackout control device 

that controls and prevents trackout and/or removes particulate matter from tires and 

the exterior surfaces of haul trucks and/or motor vehicles that traverse the site.

305.2 Bulk Material Hauling/Transporting When On-Site Hauling/Transporting Within 

the Boundaries of the Work Site but not Crossing a Paved an Area Accessible to the 

Public: The owner and/or operator of a dust-generating operation that involves bulk 

material hauling/transporting when on-site hauling/transporting within the boundaries of 

the work site but not crossing a paved an

a. Limit vehicle speed to 15 miles per hour or less while traveling on the work site;

area accessible to the public shall implement 

one of the following control measures:

b. Apply water to the top of the load; or

c. Cover haul trucks with a tarp or other suitable closure.

305.3 Bulk Material Hauling/Transporting When On-Site Hauling/Transporting Within 

the Boundaries of the Work Site and Crossing and/or Accessing a Paved an Area 

Accessible to the Public: The owner and/or operator of a dust-generating operation that 

involves bulk material hauling/transporting when on-site hauling/transporting within the 

boundaries of the work site and crossing and/or accessing a paved an

a. Load all haul trucks such that the freeboard is not less than three inches;

area accessible to 

the public shall implement all of the following control measures:

b. Load all haul trucks such that at no time shall the highest point of the bulk material 

be higher than the sides, front, and back of a cargo container area;

c. Prevent spillage or loss of bulk material from holes or other openings in the cargo 

compartment’s floor, sides, and/or tailgate(s); and

d. When crossing and/or accessing a paved an area accessible to the public, install, 

maintain, and use a suitable trackout control device that controls and prevents 

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trackout and/or removes particulate matter from tires and the exterior surfaces of 

haul trucks and/or motor vehicles that traverse the site.

305.4 Bulk Material Stacking, Loading, and Unloading Operations: The owner and/or 

operator of a dust-generating operation that involves bulk material stacking, loading, and 

unloading operations shall implement at least one of the following control measures:

a. Spray material with water, as necessary, prior to stacking, loading, and unloading 

and/or while stacking, loading, and unloading; or Prior to stacking, loading, and 

unloading:

(1) Mix material with water; or

(2)

b. Spray material with a dust suppressant other than water, as necessary, prior to 

stacking, loading, and unloading and/or while stacking, loading, and unloading.

Mix material with a dust suppressant other than water.

While stacking, loading, and unloading:

(1) Apply water; or

(2)

305.5 Open Storage Piles: The owner and/or operator of a dust-generating operation that 

involves an open storage pile shall implement 

Apply a dust suppressant other than water.

one of the following control measures, as 

applicable, when not conducting stacking, loading, and unloading operations

a. Prior to and/or while conducting stacking, loading, and unloading operations, 

implement one of the following control measures:

: 

(1) Spray material with water, as necessary; or 

Cover all open storage piles with a 

tarp, plastic, or other material to prevent wind from removing the covering(s)/such 

that the covering(s) will not be dislodged by wind; or

(2) Spray material with a dust suppressant other than water, as necessary.

b. When not conducting stacking, loading, and unloading operations, implement one of 

the following control measures:

(1) Cover all open storage piles with a tarp, plastic, or other material to prevent 

wind from removing the covering(s)/such that the covering(s) will not be 

dislodged by wind; or

Apply water to maintain a soil moisture content at a 

minimum of 12%, as determined by ASTM Method D2216-05 or other equivalent 

methods approved by the Control Officer and the Administrator. For areas that have 

an optimum moisture content for compaction of less than 12%, as determined by 

ASTM Method D1557-02e1 or other equivalent methods approved by the Control 

Officer and the Administrator, maintain at least 70% of the optimum soil moisture 

content; or

(2) Apply water to maintain a soil moisture content at a minimum of 12%, as 

determined by ASTM Method D2216-05 or other equivalent methods approved 

by the Control Officer and the Administrator. For areas that have an optimum 

moisture content for compaction of less than 12%, as determined by ASTM 

Method D1557-02e1 or other equivalent methods approved by the Control 

Officer and the Administrator, maintain at least 70% of the optimum soil 

moisture content.

(3) c. Maintain a soil visible

(4)

crust; or

d. Implement the control measure described in Section 305.5(b)(2) Section 305.5(b) or 

in Section 305.5(b)(3) Section 305.5(c) of this rule and construct and maintain wind 

barriers, storage silos, or a three-sided enclosure with walls, whose length is no less 

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than equal to the length of the pile, whose distance from the pile is no more than 

twice the height of the pile, whose height is equal to the pile height, and whose 

porosity is no more than 50%.

305.6 Unpaved Staging Areas, Unpaved Parking Areas, and Unpaved Material Storage 

Areas: The owner and/or operator of a dust-generating operation that involves unpaved 

staging areas, unpaved parking areas, and unpaved material storage areas shall implement 

one or more of the following control measures:

a. Apply water so that the surface is visibly moist;

b. Pave;

c. Apply and maintain gravel, recycled asphalt, or other suitable material;

d. Apply and maintain a suitable dust suppressant other than water; or

e. Limit vehicle trips to no more than 20 per day per road and limit vehicle speeds to no 

more than 15 miles per hour. If complying with this section, the owner and/or 

operator shall provide to the Control Officer the maximum number of vehicle trips 

on the staging areas, parking areas, and/or material storage areas each day (including 

number of employee vehicles, earthmoving equipment, haul trucks, and water trucks) 

and a description of how vehicle speeds will be restricted to no more than 15 miles 

per hour.

305.7 Unpaved Haul/Access Roads: The owner and/or operator of a dust-generating operation 

that involves unpaved haul/access roads shall implement one or more of the following 

control measures:

a. Apply water so that the surface is visibly moist;

b. Pave;

c. Apply and maintain gravel, recycled asphalt, or other suitable material;

d. Apply and maintain a suitable dust suppressant other than water; or

e. Limit vehicle trips to no more than 20 per day per road and limit vehicle speeds to no 

more than 15 miles per hour. If complying with this section of this rule, the owner 

and/or operator shall provide to the Control Officer the maximum number of vehicle 

trips on the unpaved haul/access roads each day (including number of employee 

vehicles, earthmoving equipment, haul trucks, and water trucks) and a description of 

how vehicle speeds will be restricted to no more than 15 miles per hour.

305.8 Weed Abatement by Discing or Blading: The owner and/or operator of a dustgenerating operation that involves weed abatement by discing or blading shall comply 

with all of the following control measures:

a. Before weed abatement by discing or blading occurs, apply water;

b. While weed abatement by discing or blading is occurring, apply water; and

c. After weed abatement by discing or blading occurs, pave, apply gravel, apply water, 

apply a suitable dust suppressant other than water, or establish vegetative ground 

cover.

305.9 Blasting Operations: The owner and/or operator of a dust-generating operation that 

involves blasting operations shall implement all of the following control measures:

a. In wind gusts above 25 miles per hour, discontinue/cease blasting; and

prewater and maintain surface soils in a stabilized condition where support equipment and 

vehicles will operate.

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b. Pre-water and maintain surface soils in a stabilized condition where support 

equipment and vehicles will operate.

305.10 Demolition Activities: The owner and/or operator of a dust-generating operation that 

involves demolition activities shall implement all of the following control measures:

a. Apply water to demolition debris immediately following demolition activity; and

b. Apply water to all disturbed soils surfaces to establish a visible

305.11 Disturbed Surface Areas: The owner and/or operator of a dust-generating operation that 

involves disturbed surface areas shall implement the following control measures, as 

applicable:

crust and to prevent 

wind erosion.

a. Before disturbed surface areas are created, implement one of the following control 

measures:

(1) Pre-water site to depth of cuts, allowing time for penetration; or

(2) Phase work to reduce the amount of disturbed surface areas at any one time.

b. While disturbed surface areas are being created, implement one of the following 

control measures:

(1) Apply water or other suitable dust suppressant other than water, as necessary to 

keep the soil visibly moist throughout the process

(2) Apply water as necessary to maintain a soil moisture content at a minimum of 

12%, as determined by ASTM Method D2216-05 or other equivalent method as 

approved by the Control Officer and the Administrator. For areas that have an 

optimum moisture content for compaction of less than 12%, as determined by 

ASTM Method D1557-02e1 or other equivalent method approved by the 

Control Officer and the Administrator, maintain at least 70% of the optimum 

soil moisture content; or

; 

(3) Implement control measure described in Section 305.11(b)(1) or Section 

305.11(b)(2) of this rule and construct fences or three-foot to five-foot high 

wind barriers with 50% or less porosity adjacent to roadways or urban areas to 

reduce the amount of wind-blown material leaving a site.

c. When the dust-generating operation is finished for a period of 30 days or longer – for 

longer than temporary pauses that occur during a dust-generating operation, the 

owner and/or operator shall implement one or more of the following control 

measures within ten days following the completion of such dust-generating 

operation:

(1) Pave, apply gravel, or apply a suitable dust suppressant other than water;

(2) Establish vegetative ground cover in sufficient quantity; 

(3) Implement control measures described in Section 305.11(c)(1) or Section 

305.11(c)(2) of this rule and restrict vehicle access to the area;

(4) Apply water and prevent access by fences, ditches, vegetation, berms, or other 

suitable barrier or means sufficient to prevent trespass as approved by the 

Control Officer; or

(5) Restore area such that the vegetative ground cover and soil characteristics are 

similar to adjacent or nearby undisturbed native conditions.

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

Electricity, Natural Gas, Oil, Water, and Gas) Associated With Sources That Have a 

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Non-Title V Permit, a Title V Permit, and/or a General Permit Under These Rules:

The owner and/or operator of a dust-generating operation that involves an easement, 

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

water, and gas ) associated with sources that have a Title V permit, a Non-Title V permit, 

and/or a General permit under these rules shall implement at least one of the following 

control measures:

a. Inside Area A, limit vehicle speed to 15 miles per hour or less and vehicle trips to no 

more than 20 per day per road;

b. Outside Area A, limit vehicle trips to no more than 20 per day per road; or

c. Implement control measures described in Section 305.7 of this rule.

306 TRACKOUT, CARRY-OUT, SPILLAGE, AND/OR EROSION: The owner and/or operator 

of a dust-generating operation shall prevent and control trackout, carry-out, spillage, and/or 

erosion.

306.1 Trackout Control Device:

a. Criterion for Trackout Control Device: Install, maintain and use a suitable 

trackout control device that prevents and controls trackout and/or removes 

particulate matter from tires and the exterior surfaces of haul trucks and/or motor 

vehicles that traverse the site at all exits onto paved areas accessible to the public 

from both of the following: 

(1) All work sites with a disturbed surface area of two acres or larger, and

(2) All work sites where 100 cubic yards of bulk materials are hauled on-site and/or 

off-site per day.

b. Control Measures: For those work sites identified in Section 306.1(a) of this rule, 

prevent trackout, carry-out, spillage, and/or erosion by implementing one of the 

following control measures:

(1) At all exits onto paved areas accessible to the public, install a wheel wash 

system;

(2) At all exits onto paved areas accessible to the public, install a gravel pad to 

comply with Section 217 of this rule;

(3) At all exits onto paved areas accessible to the public, install a grizzly or rumble 

grate that consists of raised dividers (rails, pipes, or grates) a minimum of three 

inches tall, six inches apart, and 20 feet long, to allow a vibration to be produced 

such that dust is shaken off the wheels of a vehicle as the entire circumference 

of each wheel of the vehicle passes over the grizzly or rumble grate; or

(4) Pave starting from the point of intersection with a paved area accessible to the 

public and extending for a centerline distance of at least 100 feet and a width of 

at least 20 feet.

306.2 Clean Up of Trackout:

a. Criterion for Clean Up of Trackout: Clean up, trackout, carry-out, spillage, and/or 

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

sidewalks, on the following time-schedule:

(1) Immediately, when trackout, carry-out, or spillage extends a cumulative distance 

of 25 linear feet or more; and

(2) At the end of the workday, for all other trackout, carry-out, spillage, and/or 

erosion.

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b. Control Measures:

(1) Operate a street sweeper or wet broom with sufficient water, including but not 

limited to kick broom, steel bristle broom, Teflon broom, vacuum, at the speed 

recommended by the manufacturer and at the frequency(ies) described in this 

section of this rule; or

(2) Manually sweep up deposits to comply with this section of this rule.

307 SOIL MOISTURE: If water is the chosen control measure in an approved Dust Control Plan, the 

owner and/or operator of a dust-generating operation shall operate a water application system onsite (e.g., water truck, water hose) while conducting any earthmoving operations on disturbed 

surface areas 1 acre or larger, unless a soil visible

308 PROJECT INFORMATION SIGN FOR DUST-GENERATING OPERATIONS: For all sites 

with a Dust Control permit that are five acres or larger, except for routine maintenance and repair 

done under a Dust Control Block permit, the owner and/or operator shall erect and maintain a 

project information sign at the main entrance such that members of the public can easily view and 

read the sign at all times. Such sign shall have a white background, have black block lettering that 

is at least four inches high, and shall contain at least all of the following information:

crust is maintained or the soil is sufficiently 

damp to prevent loose grains of soil from becoming dislodged.

308.1 Project name and permittee’s name;

308.2 Current Dust Control permit number and expiration date; 

308.3 Name and local phone number of person(s) responsible for dust control matters;

308.4 Text stating: “Dust complaints? Call Maricopa County Air Quality Department – (Insert 

the accurate Maricopa County Air Quality Department complaint line telephone 

number).”

309 DUST CONTROL TRAINING CLASSES FOR DUST-GENERATING OPERATIONS:

309.1 Basic Dust Control Training Class:

a. At least once every three years, the site superintendent or other designated on-site 

representative of the permit holder, if present at a site that has more than one acre of 

disturbed surface area that is subject to a permit issued by the Control Officer 

requiring control of PM10 emissions from dust-generating operation, shall 

successfully complete a Basic Dust Control Training Class conducted or approved by 

the Control Officer.

b. At least once every three years, water truck and water-pull drivers shall successfully 

complete a Basic Dust Control Training Class conducted or approved by the Control 

Officer.

At least once every three years, the persons specified in Section 

309.1(b) or Section 309.1(c) of this rule shall successfully complete a Basic Dust 

Control Training Class conducted or approved by the Control Officer.

The following persons present at a site that is subject to a permit issued by 

the Control Officer requiring control of PM10 emissions from dust-generating 

operations shall complete a Basic Dust Control Training Class as specified in Section 

309.1(a) of this rule:

(1) Water truck drivers.

(2) Water-pull drivers.

(3) The site superintendent or other designated on-site representative of the permit 

holder, if present at a site that has more than one acre of disturbed surface area.

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c.

c.

A Dust Control Block Permit permittee/holder shall have, at a minimum, one 

individual trained in accordance with the Basic Dust Control Training Class as 

specified in Section 309.1(a) of this rule, if present at a site that has more than one 

acre of disturbed surface area.

d. All persons having successfully completed training during the 2006 and 2007 

calendar years shall be deemed to have satisfied the requirement to successfully 

complete the Basic Dust Control Training Class, if the training that was completed 

was conducted or approved by the Control Officer. Completion of the 

Comprehensive Dust Control Training Class, as required in Section 309.2 of this 

rule, shall satisfy the requirement of this section of this rule.

e.

309.2 Comprehensive Dust Control Training Class:

The Control Officer may suspend or revoke for cause including, but not limited to, 

inappropriate ethical activities or conduct associated with the dust control program or 

repeated failure to follow the training requirements, a certification issued to a person 

having successfully completed a Basic Dust Control Training Class conducted or 

approved by the Control Officer. The Control Officer will provide written 

notification to such person regarding such suspension or revocation.

a. At least once every three years, the Dust Control Coordinator, who meets the 

requirements of Section 310 of this rule, shall successfully complete the 

Comprehensive Dust Control Training Class conducted or approved by the Control 

Officer.

b. All persons having successfully completed training during the 2006 and 2007 

calendar years shall be deemed to have satisfied the requirement to successfully 

complete the Comprehensive Dust Control Training Class, if the training that was 

completed was conducted or approved by the Control Officer.

c.

310 DUST CONTROL COORDINATOR FOR DUST-GENERATING OPERATIONS:

The Control Officer may suspend or revoke for cause including, but not limited to, 

inappropriate ethical activities or conduct associated with the dust control program or 

repeated failure to follow the training requirements, a certification issued to a person 

having successfully completed a Comprehensive Dust Control Training Class 

conducted or approved by the Control Officer. The Control Officer will provide 

written notification to such person regarding such suspension or revocation.

310.1 The permittee for any site of five acres or more of disturbed surface area subject to a 

permit issued by the Control Officer requiring control of PM10 emissions from dustgenerating operations shall have on-site at least one Dust Control Coordinator trained in 

accordance with Section 309.2 of this rule at all times during primary dust-generating 

operations related to the purposes for which the Dust Control permit was obtained.

310.2 The Dust Control Coordinator shall have full authority to ensure that dust control 

measures are implemented on-site, including conducting inspections, deployment of dust 

suppression resources, and modifications or shut-down of activities as needed to control 

dust.

310.3 The Dust Control Coordinator shall be responsible for managing dust prevention and dust 

control on the site.

310.4 At least once every three years, the Dust Control Coordinator shall successfully complete 

a Comprehensive Dust Control Training Class conducted or approved by the Control 

Officer.

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310.5 The Dust Control Coordinator shall have a valid dust training certification identification 

card readily accessible on-site while acting as a Dust Control Coordinator.

310.6 The requirement for a Dust Control Coordinator shall lapse when all of the following 

actions/events/procedures occur:

a. The area of disturbed surface area becomes less than five acres;

b. The previously disturbed surface areas have been stabilized in accordance with/in 

compliance with the standards and/or requirements of this rule; and

c. The Dust Control permit holder provides notice to the Control Officer of acreage 

stabilization.

310.7 The permittee, who is required to obtain a single permit for multiple non-contiguous sites 

in accordance with Section 404 of this rule, shall The Dust Control Block Permit 

permittee/holder shall have on sites with greater that have more than one acre of 

disturbed surface area at least one individual who is designated by the permittee as a Dust 

Control Coordinator trained in accordance with Section 309.1-Basic Dust Control 

Training Class of this rule. at least one individual, who has been trained in accordance 

with the requirements of Section 309.1(c) of this rule. One such individual shall be 

designated by the Dust Control Block Permit permittee/holder as the Dust Control 

Coordinator.

SECTION 400 – ADMINISTRATIVE REQUIREMENTS

The Dust Control Coordinator shall be present on-site at all times during 

primary dust-generating activities that are related to the purposes for which the permit 

was obtained.

401 DUST CONTROL PERMIT REQUIREMENTS:

401.1 To apply for a Dust Control permit, an applicant shall complete a permit application in 

the manner and form prescribed by the Control Officer. At a minimum, such application 

shall contain the following information:

a. Applicant information;

b. Project information, which shall include a project site drawing and, if the site is one 

acre or larger, soil designations; and

c. Dust Control Plan, which shall meet the specifications described in Section 402 of 

this rule.

401.2 A Dust Control permit shall be granted subject to, but not limited to, the following

conditions:

a. The permittee shall be responsible for ensuring that all persons abide by the 

conditions of the Dust Control permit and these regulations;

b. The permittee shall be responsible for supplying complete copies of the Dust Control 

permit including the Dust Control Plan, to all project contractors and subcontractors;

c. The permittee shall be responsible for all permit conditions, until a Permit 

Cancellation Request form has been submitted by the owner and/or operator and 

approved by the Control Officer;

d. The permittee shall be responsible for providing Dust Control Coordinator’s/ 

Coordinators’ name(s) and dust control training certification information/number(s) 

to the Control Officer and for keeping such information updated.

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401.3 The signature of the permittee on the Dust Control permit application shall constitute 

agreement to accept responsibility for meeting the conditions of the Dust Control permit 

and for ensuring that control measures are implemented throughout the project site and 

during the duration of the project.

402 DUST CONTROL PLAN REQUIREMENTS:

402.1 The owner and/or operator of a dust-generating operation shall submit to the Control 

Officer a Dust Control Plan with any permit applications that involve dust-generating 

operations with a disturbed surface area that equals or exceeds 0.10 acre (4,356 square 

feet) including both of the following situations:

a. When submitting an application for a Dust Control permit involving dust-generating 

operations that would equal or exceed 0.10 acre (4,356 square feet), and

b. Before commencing any routine dust-generating operation at a site that has obtained 

or must obtain a Title V, Non-Title V, or General permit under Regulation II-Permits 

and Fees of these rules.

402.2 The owner and/or operator of a dust-generating operation shall submit to the Control 

Officer a Dust Control Plan with any application for a Dust Control permit. Applicants 

shall describe, in a Dust Control Plan, all control measures to be implemented before, 

after, and while conducting any dust-generating operation, including during weekends, 

after work hours, and on holidays.

402.3 A Dust Control Plan shall, at a minimum, contain all of the following information:

a. Name(s), address(es), and phone numbers of person(s) responsible for the submittal 

and implementation of the Dust Control Plan and responsible for the dust-generating 

operation.

b. A drawing, on 81⁄2” x 11” paper, that shows:

(1) Entire project site/facility boundaries, 

(2) Acres to be disturbed with linear dimensions 

including boundaries of areas to be 

disturbed if less than entire project site/facility boundaries,

(3) Nearest public roads,

or certification by a licensed 

engineer or surveyor showing the total square footage to be disturbed,

(4) North arrow, and

(5) Planned exit locations onto paved areas accessible to the public, and

(6)

c. Appropriate control measures, or a combination thereof, as described in Section 305 

and Section 306 of this rule, for every actual and potential dust-generating operation.

Unpaved parking lot(s).

(1) Control measures must be implemented before, after, and while conducting any 

dust-generating operation, including during weekends, after work hours, and on 

holidays.

(2) All required control measures and at least one contingency control measure must 

be identified for all dust-generating operations.

(3) A control measure that is not listed in Section 305 or in Section 306 of this rule 

may be chosen provided that such control measure is implemented to comply 

with the requirements described in Section 301 of this rule.

(4) If complying with Section 305.7, Control Measures for Dust-Generating 

Operations-Unpaved Haul/Access Roads Section 305.7(e) of this rule, the Dust 

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Control Plan must include the maximum number of vehicle trips on the unpaved 

haul/access roads each day (including number of employee vehicles, 

earthmoving equipment, haul trucks, and water trucks).

d. Dust suppressants to be applied, including all of the following product specifications 

or label instructions for approved usage:

(1) Method, frequency, and intensity of application;

(2) Type, number, and capacity of application equipment; and

(3) Information on environmental impacts and approvals or certifications related to 

appropriate and safe use for ground application.

e. Specific surface treatment(s) and/or control measures utilized to control material 

trackout and sedimentation where unpaved roads and/or access points join paved

areas accessible to the public.

402.4 The Control Officer shall approve, disapprove, or conditionally approve the Dust Control 

Plan, in accordance with the criteria used to approve, disapprove or conditionally approve 

a permit, as described in Rule 200: Permit Requirements of these rules. Failure to comply 

with the provisions of an approved Dust Control Plan is deemed a violation of this rule.

402.5 For construction projects one acre or larger, except for routine maintenance and repair 

done under a Dust Control Block Permit, a statement disclosing which of the four 

designated texture(s) of soil described in Appendix F of these rules is naturally present at 

or will be imported to the dust-generating operation. The measured soil content at a 

particular site shall take precedence over any mapped soil types, and whenever soils have 

been tested at a particular site, the test results should be relied on rather than the map in 

Appendix F of these rules.

402.6 Should any primary control measure(s) prove ineffective, the owner and/or operator shall 

immediately implement the contingency control measure(s). If the identified contingency 

control measure is effective to comply with all of the requirements of this rule, the owner 

and/or operator need not revise the Dust Control Plan.

403 DUST CONTROL PLAN REVISIONS:

403.1 If Required by the Control Officer:

a. If the Control Officer determines that an approved Dust Control Plan has been 

followed, yet fugitive dust emissions from any dust-generating operation still exceed 

the standards of this rule, then the Control Officer shall issue a written notice to the 

owner and/or operator of the dust-generating operation explaining such 

determination.

b. The owner and/or operator of a dust-generating operation shall make written 

revisions to the Dust Control Plan and shall submit such revised Dust Control Plan to 

the Control Officer within three working days of receipt of the Control Officer’s 

written notice, unless such time period is extended by the Control Officer, upon 

request, for good cause. During the time that such owner and/or operator is preparing 

revisions to the approved Dust Control Plan, such owner and/or operator must still 

comply with all requirements of this rule.

403.2 If Requested by the Permittee:

a. If the acreage of a project changes, the owner and/or operator shall request a Dust 

Control Plan revision. Such Dust Control Plan revision shall be filed in the manner 

and form prescribed by the Control Officer.

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b. If the permit holder changes, the owner and/or operator shall request a Dust Control 

Plan revision. Such Dust Control Plan revision shall be filed in the manner and form 

prescribed by the Control Officer.

c. If the name(s), address(es), or phone numbers of person(s) responsible for the 

submittal and implementation of the Dust Control Plan and responsible for the dustgenerating operation change, the owner and/or operator shall request a Dust Control 

Plan revision. Such Dust Control Plan revision shall be filed in the manner and form 

prescribed by the Control Officer.

d. If the activities related to the purposes for which the Dust Control permit was 

obtained change, the owner and/or operator shall request a Dust Control Plan 

revision. Such Dust Control Plan revision shall be filed in the manner and form 

prescribed by the Control Officer.

403.3 If Rule 310 Is Revised:

a. If any changes to a Dust Control Plan are necessary as a result of the most recent 

revisions of this rule, such changes to the Dust Control Plan shall not be required 

until the associated Dust Control permit is required to be renewed.

b. If any changes to a Dust Control Plan associated with a Title V permit or with a NonTitle V permit are necessary as a result of the most recent revisions of this rule, then 

the owner and/or operator shall submit a revised Dust Control Plan to the Control 

Officer, according to the minor permit revision procedures described in Rule 210 or 

in Rule 220 of these rules respectively, no later than six months after the effective 

date of the most recent revisions to this rule.

404 DUST CONTROL BLOCK PERMIT REQUIREMENTS:

404.1 A Dust Control Block Permit application may be submitted to the Control Officer, if one 

or more of the activities listed in this section of this rule are conducted and if such 

activities occur at more than one site (i.e., projects that involve multiple small areas 

scattered throughout Maricopa County including, but not limited to, fiber optic cable 

installation and natural gas line extension). New construction shall obtain a separate Dust 

Control permit.

a. Routine operation (i.e., municipalities, governmental agencies, and utilities that are 

responsible for the repeat maintenance of infrastructure including, but not limited to, 

weed control around a prison, canal bank and road grading, and road shoulder 

grading).

b. Maintenance (i.e., municipalities, governmental agencies, and utilities that are 

responsible for the repeat maintenance of infrastructure including, but not limited to, 

weed control around a prison, canal bank and road grading, and road shoulder 

grading).

c. Expansion or extension of utilities, paved roads, unpaved roads, road shoulders, 

alleys, and public rights-of-way at non-contiguous sites by municipalities, 

governmental agencies, and utilities.

404.2 When completing and submitting a Dust Control Block Permit application, the owner 

and/or operator shall comply with the following requirements:

a. A Dust Control Plan that meets the criteria described in Section 402 of this rule and 

applies to all sites shall be submitted to the Control Officer with the Dust Control 

Block Permit application.

b. A description or map of the owner’s and/or operator’s service areas and a list of all 

sites that are 0.10 acre (4,356 square feet) or greater, including the location and size 

Page 73 of 720
of each site, shall be submitted to the Control Officer with the Dust Control Block 

Permit application.

c. For any project that is 0.10 acre (4,356 square feet) or greater and

404.3 The Dust Control Block Permit will cover crews that work for the municipalities, 

governmental agencies, and utilities, including subcontractors. However, municipalities, 

governmental agencies, and utilities shall retain overall authority for dust control on the 

project.

not listed in the 

Dust Control Block Permit application, the applicant shall notify the Control Officer 

in writing at least three working days prior to commencing the dust-generating 

operation. The notice shall include the site location, size, type of activity, and start 

date.

405 APPROVAL OR DENIAL OF PERMIT APPLICATIONS FOR DUST-GENERATING 

OPERATIONS: The Control Officer shall take final action on a Dust Control permit application, 

a Dust Control permit revision, or a Dust Control Block Permit within 14 calendar days of the 

filing of the complete application. The Control Officer shall notify the applicant in writing of his 

approval or denial.

406 TERMS FOR PERMITS FOR DUST-GENERATING OPERATIONS: A Dust Control permit 

issued according to this rule shall be issued for a period of one year from the date of issuance. 

Should the project last longer than one year from the date the permit was issued, the permittee 

shall re-apply for a Dust Control Permit at least 14 calendar days prior to the expiration date of the 

original permit. 

407 DEFACING, ALTERING, FORGING, COUNTERFEITING, OR FALSIFYING PERMITS 

FOR DUST-GENERATING OPERATIONS: A person shall not willfully deface, alter, forge, 

counterfeit, or falsify any Dust Control permit issued under the provisions of this rule.

For the purpose of this section, a permit is considered expired, if a permit renewal 

is not applied for in a timely manner.

408 FEES FOR PERMITS FOR DUST-GENERATING OPERATIONS: No Dust Control permit 

is valid until the applicable Dust Control permit fee has been received and until the Dust Control 

permit is issued by the Control Officer.

409 POSTING OF PERMITS FOR DUST-GENERATING OPERATIONS: A Dust Control 

permit and a Dust Control Plan, as approved by the Control Officer, shall be posted in a 

conspicuous location at the work site, within on-site equipment, or in an on-site vehicle, or shall 

otherwise be kept available on-site at all times.

410 COMPLIANCE SCHEDULE: The newly amended provisions of this rule shall become 

effective upon adoption of this rule. An owner and/or operator of a dust-generating operation 

subject to this rule shall meet all applicable provisions of this rule upon adoption of the newly 

amended provisions of this rule and according to the following schedule:

410.1 Basic Dust Control Training Class: No later than December 31, 2008, a site 

superintendent or other designated on-site representative of the permit holder and water 

truck and water pull drivers for each site shall have successfully completed the Basic 

Dust Control Training Class, as described in Section 309.1 of this rule.

410.2 Dust Control Coordinator: No later than June 30, 2008, any site and/or any contiguous 

site under common control of five acres or more of disturbed surface area subject to a 

permit shall, at all times during primary dust-generating operations related to the 

purposes for which the Dust Control permit was obtained, have on-site at least one 

individual designated by the permit holder as a Dust Control Coordinator, as described in 

Section 310 of this rule.

Page 74 of 720
SECTION 500 – MONITORING AND RECORDS

501 COMPLIANCE DETERMINATION: To determine compliance with the visible emissions 

requirements in Section 303 of this rule and with the stabilization requirements in Section 304 of 

this rule, the following test methods shall be followed:

501.1 Opacity Observations:

a. Dust-Generating Operations: Opacity observations of dust-generating operations 

shall be conducted in accordance with Appendix C, Section 3, Visual Opacity 

Determination of Emissions from Dust-Generating Operations of these rules.

b. Unpaved Parking Lot: Opacity observations of any unpaved parking lot shall be 

conducted in accordance with Appendix C, Section 2.1, Test Methods for 

Stabilization for Unpaved Roads and Unpaved Parking Lots of these rules.

c. Unpaved Haul/Access Road: Opacity observations of any unpaved haul/access road 

(whether at a work site that is under construction or at a work site that is temporarily 

or permanently inactive) shall be conducted in accordance with Appendix C, Section 

2.1, Test Methods for Stabilization for Unpaved Roads and Unpaved Parking Lots of 

these rules.

d. Visible Emissions Beyond the Property Line: Opacity observations of any visible

emissions beyond the property line shall be conducted in accordance with EPA 

Reference Method 22.

501.2 Stabilization Observations:

a. Unpaved Parking Lot: Stabilization observations for unpaved parking lots shall be 

conducted in accordance with Appendix C, Section 2.1, Test Methods for 

Stabilization for Unpaved Roads and Unpaved Parking Lots of these rules. When 

more than one test method is permitted for a determination, an exceedance of the 

limits established in this rule determined by any of the applicable test methods shall 

constitute a violation of this rule.

b. Unpaved Haul/Access Road: Stabilization observations for unpaved haul/ access 

roads (whether at a work site that is under construction or at a work site that is 

temporarily or permanently inactive) shall be conducted in accordance with 

Appendix C, Section 2.1, Test Methods for Stabilization for Unpaved Roads and 

Unpaved Parking Lots of these rules. When more than one test method is permitted 

for a determination, an exceedance of the limits established in this rule determined 

by any of the applicable test methods shall constitute a violation of this rule.

c. Disturbed Surface Area: Stabilization observations for any disturbed surface area 

on which no activity is occurring (whether at a work site that is under construction, 

at a work site that is temporarily or permanently inactive) shall be conducted in 

accordance with at least one of the techniques described in Section 501.2(c)(1) 

through Section 501.2(c)(7) below, as applicable. The owner and/or operator of such 

inactive disturbed surface area shall be considered in violation of this rule if such 

inactive disturbed surface area is not maintained in a manner that meets at least one 

of the standards described in Section 304.3 of this rule, as applicable.

(1) Appendix C, Section 2.3, Test Methods for Stabilization: Soil Crust 

Determination: the Drop Ball Test of these rules for a visible crust; or

(2) Appendix C, Section 2.4, Test Methods for Stabilization: Determination of 

Threshold Friction Velocity (TFV): Sieving Field Procedure of these rules for 

threshold friction velocity (TFV) corrected for non-erodible elements of 100 

cm/second or higher; or

Page 75 of 720
(3) Appendix C, Section 2.5, Test Methods for Stabilization: Determination of Flat 

Vegetative Cover of these rules for flat vegetation cover (i.e., attached (rooted) 

vegetation or unattached vegetative debris lying on the surface with a 

predominant horizontal orientation that is not subject to movement by wind) that 

is equal to at least 50%; or

(4) Appendix C, Section 2.6, Test Methods for Stabilization: Determination of 

Standing Vegetative Cover of these rules for standing vegetation cover (i.e., 

vegetation that is attached (rooted) with a predominant vertical orientation) that 

is equal to or greater than 30%; or

(5) Appendix C, Section 2.6, Test Methods for Stabilization: Determination of 

Standing Vegetative Cover of these rules for standing vegetation cover (i.e., 

vegetation that is attached (rooted) with a predominant vertical orientation) that 

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

to or greater than 43 cm/second when corrected for non-erodible elements; or

(6) Appendix C, Section 2.7, Test Methods for Stabilization: Rock Test Method of 

these rules for a percent cover that is equal to or greater than 10%, for nonerodible elements; or

(7) An alternative and equivalent test method approved in writing by the Control 

Officer and the Administrator.

502 RECORDKEEPING:

502.1 Any person who conducts dust-generating operations that require a Dust Control Plan 

shall keep a written record of self-inspection on each day dust-generating operations are 

conducted. Self-inspection records shall include daily inspections for crusted or damp 

soil, trackout conditions and clean-up measures, daily water usage for dust control 

measures

a. Method, frequency, and intensity of application or implementation of the control 

measures;

, and dust suppressant application. Such written record shall also include the 

following information:

b. Method, frequency, and amount of water application to the site;

c. Street sweeping frequency;

d. Types of surface treatments applied to and maintenance of trackout control devices, 

gravel pads, fences, wind barriers, and tarps;

e. Types and results of test methods conducted;

f. If contingency control measures are implemented, actual application or implementation of contingency control measures and why contingency control measures 

were implemented;

g. List of subcontractors’ names and registration numbers updated when changes are 

made; and

h. Names of employee(s) who successfully completed dust control training class(es) 

required by Section 309 of this rule, date of the class(es) that such employee(s) 

successfully completed, and name of the agency/representative who conducted such 

class(es).

502.2 Any person who conducts dust-generating operations that do not require a Dust Control 

Plan shall compile and retain records (including records on any street sweeping, water 

applications, and maintenance of trackout control devices, gravel pads, fences, wind 

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barriers, and tarps) that provide evidence of control measure application, by indicating 

the type of treatment or control measure, extent of coverage, and date applied.

502.3 Upon verbal or written request by the Control Officer, the log or the records and 

supporting documentation shall be provided as soon as possible but no later than 48 

hours, excluding weekends. If the Control Officer is at the site where requested records 

are kept, records shall be provided without delay.

503 RECORDS RETENTION: Any person who conducts dust-generating operations that require a 

Dust Control Plan shall retain copies of approved Dust Control Plans, control measures 

implementation records, and all supporting documentation for at least six months following the 

termination of the dust-generating operation and for at least two years from the date such records 

were initiated. If a person has obtained a Title V Permit and is subject to the requirements of this 

rule, then such person shall must

504 TEST METHODS ADOPTED

retain records required by this rule for at least five years from the 

date such records are established.

INCORPORATED BY REFERENCE: The test methods listed 

in this section are adopted incorporated by reference. These adoptions incorporations

504.1 ASTM Method C136-06 (“Standard Test Method for Sieve Analysis of Fine and Coarse 

Aggregates”), 2006 edition.

by reference 

include no future editions or amendments. Copies of the test methods listed in this section are 

available for review at the Maricopa County Air Quality Department, 1001 North Central Avenue, 

Phoenix, AZ, 85004-1942. 

504.2 ASTM Method D2216-05 (“Standard Test Method for Laboratory Determination of 

Water (Moisture) Content of Soil and Rock by Mass”), 2005 edition.

504.3 ASTM Method D1557-02e1 (“Test Method for Laboratory Compaction Characteristics of 

Soil Using Modified Effort (56,000 ft-lbf/ft3 (2,700 kN-m/m3

)”), 2002 edition.

504.4 EPA Reference Method 22 (“Visual Determination of Fugitive Emissions from Material 

Sources and Smoke Emissions from Flares”), 2000 edition.

REGULATION III – CONTROL OF AIR CONTAMINANTS

RULE 310.01

FUGITIVE DUST FROM NON-TRADITIONAL SOURCES OF FUGITIVE DUST

INDEX

SECTION 100 – GENERAL

101 PURPOSE

102 APPLICABILITY

103 EXEMPTIONS

SECTION 200 – DEFINITIONS

201 ANIMAL WASTE

202 AREA A

203 AREA ACCESSIBLE TO THE PUBLIC

204 BULK MATERIAL

205 CHEMICAL/ORGANIC STABILIZER

206 CONTROL MEASURE

207 DISTURBED SURFACE AREA

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208 DUST-GENERATING OPERATION

209 DUST SUPPRESSANT

210 EMERGENCY

211 EMERGENCY ACTIVITY

212 FEED LANE ACCESS AREAS

213 FUGITIVE DUST

214 GRAVEL PAD

215 GRIZZLY

216 LIVESTOCK ACTIVITIES

217 MOTOR VEHICLE

218 NON-TRADITIONAL SOURCE OF FUGITIVE DUST

219 NORMAL FARM CULTURAL PRACTICE

220 OFF-ROAD VEHICLE

221 OPEN AREAS AND VACANT LOTS

222 OWNER AND/OR OPERATOR

223 PAVE

224 PM10 NONATTAINMENT AREA

225 PROPERTY LINE

226 PUBLIC ROADWAYS

227 TRACKOUT/CARRYOUT

228 TRACKOUT CONTROL DEVICE

229 UNPAVED ACCESS CONNECTIONS

230 UNPAVED PARKING LOT

231 UNPAVED ROADWAY (INCLUDING ALLEYS)

232 VACANT LOT

SECTION 300 – STANDARDS

301 GENERAL REQUIREMENTS FOR NON-TRADITIONAL SOURCES OF FUGITIVE 

DUST

302 CONTROL MEASURES FOR NON-TRADITIONAL SOURCES OF FUGITIVE 

DUST

SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500 – MONITORING AND RECORDS

501 COMPLIANCE DETERMINATION

502 RECORDKEEPING

503 RECORDS RETENTION

Adopted 06/16/99

Revised 02/16/00

Revised 02/17/05

Revised 03/26/08

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION III – CONTROL OF AIR CONTAMINANTS

RULE 310.01

FUGITIVE DUST FROM NON-TRADITIONAL SOURCES OF FUGITIVE DUST

SECTION 100 – GENERAL

Page 78 of 720
101 PURPOSE: To minimize the amount of fugitive dust entrained into the ambient air from nontraditional sources of fugitive dust by requiring measures to prevent, reduce, or mitigate fugitive 

dust emissions.

102 APPLICABILITY:

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

conducted in Maricopa County, except for those dust-generating operations listed in 

Section 103 of this rule.

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

agricultural land and is not used for agricultural purposes according to Arizona Revised 

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

103 EXEMPTIONS:

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

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

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

the standards and/or requirements described in Rule 310: Fugitive Dust from DustGenerating Operations of these rules.

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

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

restore critical utilities to functional status.

103.4 An area is considered to be a disturbed surface area until the activity that caused the 

disturbance has been completed and the disturbed surface area meets the standards 

described in this rule.

103.5 103.4 Establishing The provisions of this rule do not apply to the establishment of initial 

landscapes without the use of mechanized equipment, conducting landscape maintenance 

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

non-motorized sports shall not be considered a dust-generating operation. However, 

establishing initial landscapes without the use of mechanized equipment and conducting 

landscape maintenance without the use of mechanized equipment shall not include 

grading, or trenching, performed to establish initial landscapes or to redesign existing 

landscapes.

103.6 Fugitive dust does not include particulate matter emitted directly from the exhaust of 

motor vehicles and other internal combustion engines, from portable brazing, soldering, 

or welding equipment, and from piledrivers, and does not include emissions from process 

and combustion sources that are subject to other rules in Regulation III (Control of Air 

Contaminants) of these rules.

SECTION 200 – DEFINITIONS: See Rule 100-General Provisions and Definitions of these rules for 

definitions of terms that are used but not specifically defined in this rule. For the purpose of this rule, the 

following definitions shall apply, in addition to those definitions found in Rule 100: General Provisions 

And Definitions of these rules. In the event of any inconsistency between any of the Maricopa County air 

pollution control rules, the definitions in this rule take precedence.

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

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

Township 8 North, Range 2 East and Range 3 East

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Township 7 North, Range 2 West through Range 5 East

Township 6 North, Range 5 West through Range 6 East

Township 5 North, Range 5 West through Range 7 East

Township 4 North, Range 5 West through Range 8 East

Township 3 North, Range 5 West through Range 8 East

Township 2 North, Range 5 West through Range 8 East

Township 1 North, Range 5 West through Range 7 East

Township 1 South, Range 5 West through Range 7 East

Township 2 South, Range 5 West through Range 7 East

Township 3 South, Range 5 West through Range 1 East

Township 4 South, Range 5 West through Range 1 East

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

can be entered or used for public travel primarily for purposes unrelated to the dust-generating 

operation.

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

capable of producing fugitive dust:

204.1 Earth.

204.2 Rock.

204.3 Silt.

204.4 Sediment.

204.5 Sand.

204.6 Gravel.

204.7 Soil.

204.8 Fill.

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

[ABC]).

204.10 Dirt.

204.11 Mud.

204.12 Demolition debris.

204.13 Cotton.

204.14 Trash.

204.15 Cinders.

204.16 Pumice.

204.17 Saw dust.

204.18 Feeds.

204.19 Grains.

204.20 Fertilizers.

204.21 Fluff from shredders.

204.22 Dry concrete.

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

other than water, which meets any specifications, criteria, or tests required by any federal, state, or 

local water agency and is not prohibited for use by any applicable law, rule, or regulation.

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

generation, emission, entrainment, suspension, and/or airborne transport of fugitive dust.

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

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

from its undisturbed native condition if the potential for the emission of fugitive dust is increased 

by the movement, destabilization, or modification.

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

including but not limited to, the following activities:

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

208.2 Earthmoving.

208.3 Weed abatement by discing or blading.

208.4 Excavating.

208.5 Construction.

208.6 Demolition.

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

stacking, loading, and unloading operations).

208.8 Storage and/or transporting operations (e.g., open storage piles, bulk material hauling 

and/or transporting, bulk material stacking, loading, and unloading operations).

208.9 Operation of any outdoor equipment.

208.10 Operation of motorized machinery.

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

access routes to and from a site.

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

208.13 Disturbed surface areas associated with a site.

208.14 Installing initial landscapes using mechanized equipment.

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

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

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

Department of Environmental Quality (ADEQ), or any applicable law, rule, or regulation, as a 

treatment material for reducing fugitive dust emissions.

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

the control of the source, including acts of God, which situation requires immediate corrective 

action to restore normal operation, and that causes the source to exceed a limitation in this rule, 

due to unavoidable increases in emissions attributable to the emergency. An emergency shall not 

include any noncompliance due to improperly designed equipment, lack of preventative 

maintenance, careless or improper operation, or operator error.

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

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

other utilities due to unforeseen circumstances that are beyond the routine maintenance and repair 

due to normal wear conducted by a utility or municipality.

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

including feed land lane areas at a livestock activity. These access roads are typically used to 

distribute feed from feed trucks to the animals.

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

the ambient air and is caused from human and/or natural activities, such as, but not limited to, 

movement of soil, vehicles, equipment, blasting, and wind. For the purpose of this rule, fugitive 

dust does not include particulate matter emitted directly from the exhaust of motor vehicles and 

other internal combustion engines, from portable brazing, soldering, or welding equipment, and 

from piledrivers, and does not include emissions from process and combustion sources that are 

subject to other rules in Regulation III-Control of Air Contaminants of these rules.

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

larger in diameter, that is maintained at the point of intersection of a paved an area accessible to 

the public and a work site entrance exit to dislodge mud, dirt, and/or debris from the tires of motor 

vehicles and/or haul trucks, prior to leaving the work site. A gravel pad shall consist of one inch to 

3 inches rough diameter, clean, well-graded gravel or crushed rock. Minimum dimensions must be 

30 feet wide by 3 inches deep, and, at minimum, 50 feet long or the length of the longest haul 

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truck motor vehicle, whichever is greater. If an unpaved surface exit does not have adequate width 

to install a 30-foot wide gravel pad, then the width of the gravel pad must cover the full width of 

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

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

the tires and undercarriage of motor vehicles and/or haul trucks prior to leaving the work site.

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

animals, racing animals, exercising animals, and/or for any other such activity including, but not 

limited to, livestock arenas, horse arenas, and feed lots, and residential activities related to feeding 

or raising animals. 

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

State of Arizona and required to be registered under the Arizona State Uniform Motor Vehicle 

Act, including any non-motorized attachments, such as but not limited to, trailers or other 

conveyances which are connected to or propelled by the actual motorized portion of the vehicle.

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

located at a source that does not require any permit under these rules. The following nontraditional sources of fugitive dust are subject to the standards and/or requirements described in 

Rule 310.01-Fugitive Dust From Non-Traditional Sources of Fugitive Dust of these rules:

218.1 Vehicle use in open areas and vacant lots.

218.2 Open areas and vacant lots.

218.3 Unpaved parking lots.

218.4 Unpaved roadways (including alleys).

218.5 Livestock activities.

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

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

water, and gas transmission).

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

independent contractor, and/or supplier conducted on any facility for the production of crops 

and/or nursery plants. Disturbances of the field surface caused by turning under stalks, tilling, 

leveling, planting, fertilizing, or harvesting are included in this definition.

220 OFF-ROAD VEHICLE – Any self-propelled conveyance specifically designed for off-road use, 

including, but not limited to, off-road or all-terrain equipment, trucks, cars, motorcycles, 

motorbikes, or motorbuggies.

221 OPEN AREAS AND VACANT LOTS – Any of the following described in Section 221.1 

through Section 221.3 of this rule. For the purpose of this rule, vacant portions of residential or 

commercial lots that are immediately adjacent and owned and/or operated by the same individual 

or entity are considered one vacant open area or vacant lot.

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

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

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

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

nature.

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

lot.

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

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

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

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

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

Ambient Air Quality Standards based upon data collected through air quality monitoring. The 

geographical boundary of Maricopa County's PM10 nonattainment area is defined as the rectangle 

determined by and including the following townships and ranges: T6N, R3W; T6N, R7E; T2S, 

R3W; T2S, R7E; and T1N, R8E. Maricopa County's PM10 nonattainment area includes the 

following cities: Surprise, Peoria, Glendale, Phoenix, Scottsdale, Tempe, Mesa, Gilbert, Chandler, 

Avondale, Buckeye, and Goodyear.

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

a person allowing the emission has the legal use or possession of the property. Where such 

property is divided into one or more sub-tenancies, the property line(s) shall refer to the 

boundaries dividing the areas of all sub-tenancies.

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

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

surfaces of motor vehicles, haul trucks, and/or equipment (including tires) and that have fallen or 

been deposited onto a paved an area accessible to the public.

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

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

public that controls or prevents vehicular trackout.

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

road.

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

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

includes, but is not limited to, automobile impound yards, wrecking yards, automobile dismantling 

yards, salvage yards, material handling yards, and storage yards. For the purpose of this definition

rule, maneuvering shall not include military maneuvers or exercises conducted on federal 

facilities.

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

by federal, state, county, municipal, or other governmental or quasi-governmental agencies. For 

the purpose of this rule, an unpaved roadway (including alleys) is not a horse trail, hiking path, 

bicycle path, or other similar path used exclusively for purposes other than travel by motor 

vehicles. An unpaved roadway (including alleys) includes designated or opened trail systems and 

service roads regardless of surface composition. and any other property dedicated or otherwise 

reserved for public or private street uses, as evidenced by a recorded document, or having thereon 

a public easement for such use.

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

Areas and Vacant Lots of this rule.

SECTION 300 – STANDARDS

301 GENERAL REQUIREMENTS FOR NON-TRADITIONAL SOURCES OF FUGITIVE 

DUST:

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

the standards and/or requirements described in this rule. Failure to comply with any such 

standards and/or requirements is deemed a violation of this rule.

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

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

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

regarding the stabilization of disturbed surfaces of vacant lots that include the following:

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

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

to be stabilized. The notice shall be given not less than 30 days before the day set for 

compliance and shall include a legal description of the property and the estimated 

cost to the county for the stabilization if the owner does not comply. The notice shall 

be either personally served or mailed by certified mail to the owner’s statutory agent, 

to the owner at the owner’s last known address or to the address to which the tax bill 

for the property was last mailed.

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

fugitive dust exists/where such disturbed surface area exists and to take remedial 

and/or corrective action as may be deemed appropriate to cope with and relieve, 

reduce, remedy, and/or stabilize such non-traditional source of fugitive dust/such 

disturbed surface area. Any cost incurred in connection with any such remedial or 

corrective action by the Maricopa County Air Quality Department or any person 

acting for the Maricopa County Air Quality Department shall be reimbursed by the 

owner and/or operator of such non-traditional source of fugitive dust.

302 CONTROL MEASURES FOR NON-TRADITIONAL SOURCES OF FUGITIVE DUST:

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

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

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

rule, as applicable.

302.2 Control measures shall be implemented to achieve meet the visible emissions 

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

the compliance determination in Section 501 of this rule.

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

failure to maintain stabilization of a non-traditional source of fugitive dust with adequate 

surface crusting to prevent wind erosion as measured by the requirements in this rule 

shall be deemed a violation of this rule.

302.4 Vehicle Use in Open Areas and Vacant Lots: The owner and/or operator of a nontraditional source of fugitive dust that involves vehicle use in open areas and vacant lots 

shall be subject to the visible emissions requirements described in Section 302.4(a) of this 

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

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

described in Section 302.4(c) of this rule.

a. Visible Emissions Requirements and Stabilization Requirements: The owner 

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

in open areas and vacant lots shall not cause, suffer, or allow visible emissions of 

particulate matter, including fugitive dust, beyond the property line within which the

emissions are generated.

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

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

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visible emissions of particulate matter, including fugitive dust, beyond the 

property line within which the emissions are generated.

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

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

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

stabilization limitations:

(a) A visible crust; or

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

of 100 cm/second or higher; or

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

vegetative debris lying on the surface with a predominant horizontal 

orientation that is not subject to movement by wind) that is equal to at 

least 50%; or

(d) Standing vegetative cover (i.e., vegetation that is attached (rooted) with a 

predominant vertical orientation) that is equal to or greater than 30%; or

(e) Standing vegetative cover (i.e., vegetation that is attached (rooted) with a 

predominant vertical orientation) that is equal to or greater than 10% and 

where the threshold friction velocity is equal to or greater than 43 

cm/second when corrected for non-erodible elements; or

(f) A percent cover that is equal to or greater than 10% for non-erodible 

elements; or

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

the Administrator.

b. Control Measures:

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

access by installing barriers, curbs, fences, gates, posts, shrubs, trees, or other 

effective control measures;

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

access by posting that consists of one of the following:

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

Federal sign standards.

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

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

(d) Virtual posting a government land management agency.

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

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

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

Control Officer and the Administrator.

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c. Additional Requirements:

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

a cumulative of 500 square feet or more that are disturbed by being driven over 

and/or used by motor vehicles, by off-road vehicles, or for material dumping, 

then the owner and/or operator shall implement one or more of the control 

measures described in Section 302.4(b) of this rule within 60 calendar days 

following the initial discovery by the Control Officer of disturbance or vehicle 

use on open areas and vacant lots.

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

disturbance or vehicle use on open areas and vacant lots, the owner and/or 

operator shall provide in writing to the Control Officer a description and date of 

the control measure(s) to be implemented to prevent such disturbance or vehicle 

use on open areas and vacant lots.

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

limit the disturbance or vehicle use on open areas and vacant lots in accordance 

with the requirements of this rule. Control measure(s) shall be considered 

effectively implemented when the open areas and vacant lots achieve the 

compliance determinations meet the requirements described in Section 302.4(a) 

of this rule.

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

implemented, then such open area or vacant lot is subject to the requirements of 

Section 302.5-Open Areas and Vacant Lots of this rule.

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

such open areas and vacant lots shall not be considered vehicle use in open areas 

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

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

areas and vacant lots shall still achieve the compliance determinations described 

in Section 501 of this rule meet the requirements described in Section 302.5 of 

this rule.

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

conducting landscape maintenance without the use of mechanized equipment 

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

subject to the requirements of Section 302.4(b) and Section 302.4(c)(1) through 

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

achieve the compliance determinations described in Section 501 of this rule

meet the requirements described in Section 302.5 of this rule.

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

fugitive dust that involves open areas and vacant lots shall be subject to the visible 

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

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

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

rule.

a. Visible Emissions Requirements and Stabilization Requirements: The owner 

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

and vacant lots shall not cause, suffer, or allow visible emissions of particulate 

matter, including fugitive dust, beyond the property line within which the emissions 

are generated.

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

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

of particulate matter, including fugitive dust, beyond the property line within 

which the emissions are generated.

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

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

lots to meet one of the following stabilization limitations:

(a) A visible crust; or

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

of 100 cm/second or higher; or

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

vegetative debris lying on the surface with a predominant horizontal

orientation that is not subject to movement by wind) that is equal to at 

least 50%; or

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

a predominant vertical orientation) that is equal to or greater than 30%; 

or

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

a predominant vertical orientation) that is equal to or greater than 10% 

and where the threshold friction velocity is equal to or greater than 43 

cm/second when corrected for non-erodible elements; or

(f) A percent cover that is equal to or greater than 10% for non-erodible 

elements; or

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

and the Administrator.

b. Control Measures:

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

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

achieved, per this control measure, within eight months after the control 

measure has been implemented. ; or

(2) Apply a dust suppressant to all disturbed surface areas. ; or

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

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

ground cover and soil characteristics are similar to adjacent or nearby 

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

reapplied, if necessary. Stabilization shall be achieved, per such control 

measure, within eight months after such control measure has been implemented.

; or

(4) Uniformly apply and maintain surface gravel. ; or

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

Control Officer and the Administrator.

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c. Additional Requirements:

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

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

area remains unoccupied, unused, vacant, or undeveloped for more than 15 days, 

then the owner and/or operator shall implement one or more of the control 

measures described in Section 302.5(b) of this rule within 60 calendar days 

following the initial discovery by the Control Officer of the disturbance on the 

open areas and vacant lots.

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

the disturbance on the open areas and vacant lots, the owner and/or operator 

shall provide in writing to the Control Officer a description and date of the 

control measure(s) to be implemented.

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

disturbance on the open areas and vacant lots achieves the compliance 

determinations meets the requirements described in Section 302.5(a) of this rule.

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

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

described in Section 302.6(a) of this rule and, unless otherwise specified and/or required, 

shall comply with one of the control measures described in Section 302.6(b) of this rule 

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

a. Visible Emissions Requirements and Stabilization Requirements:

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

involves unpaved parking lots shall not cause, suffer, or allow visible emissions 

of particulate matter, including fugitive dust, beyond the property line within 

which the emissions are generated.

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

involves unpaved parking lots shall not cause or allow visible fugitive dust 

emissions to exceed 20% opacity and shall not allow silt loading equal to or 

greater than 0.33 oz/ft2. and either Section 302.6(a)(2)(a) or Section 

302.6(a)(2)(b) of this rule: However, if silt loading is equal to or greater than 

0.33 oz/ft2, then the owner and/or operator shall not allow the silt content to 

exceed 8%.

(a) Shall not allow silt loading equal to or greater than 0.33 oz/ft2; or

(b) Shall not allow the silt content to exceed 8%.

b. Control Measures:

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

than residential buildings with four or fewer units that are utilized for more than 

35 days during the calendar year:

(a) Install and maintain pavement; or

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

suitable trackout control device that controls and prevents trackout and/or 

removes particulate matter from tires and the exterior surfaces of motor 

vehicles that traverse the site; or

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(c) Uniformly apply and maintain surface gravel.

(2)

 

For parking, maneuvering, ingress, and egress areas at developments other than 

residential buildings with four or fewer units that are utilized for 35 days or less 

during the calendar year:

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

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

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

that controls and prevents trackout and/or removes particulate matter from 

tires and the exterior surfaces of motor vehicles that traverse the site.

(2) (3) Apply dust suppressants other than water and install, maintain, and use a 

suitable trackout control device that controls and prevents trackout and/or 

removes particulate matter from tires and the exterior surfaces of motor vehicles 

that traverse the site; For parking, maneuvering, ingress, and egress areas 3,000 

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

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

county by code, ordinance, or permit.

(3) Uniformly apply and maintain surface gravel; or

(4) Apply water and install, maintain, and use a suitable trackout control device that 

controls and prevents trackout and/or removes particulate matter from tires and 

the exterior surfaces of motor vehicles that traverse the site.

c. Additional Requirements:

(1) The owner and/or operator of an unpaved parking lot shall implement one of the 

control measures described in Section 302.6(b) of this rule on any surface 

area(s) of the lot on which vehicles enter, park, and exit.

(a) If an unpaved parking lot is utilized for a period of 35 days or less during 

the calendar year, the owner and/or operator shall implement one or more of 

the control measures described in Section 302.6(b) of this rule during the 

period that the unpaved parking lot is utilized for vehicle parking and shall 

restrict vehicle access to only those areas upon which a control measure has 

been implemented.

(b) If an unpaved parking lot is utilized for more than 35 days during the 

calendar year, the owner and/or operator shall implement one or more of the 

control measures described in Section 302.6(b)(1) through Section 

302.6(b)(3) of this rule during the period that the unpaved parking lot is 

utilized for vehicle parking and shall restrict vehicle access to only those 

areas upon which a control measure has been implemented.

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

unpaved parking lot achieves the compliance determinations meets the 

requirements described in Section 302.6(a) of this rule.

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

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

paved areas accessible to the public including curbs, gutters, and sidewalks 

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when trackout extends a cumulative distance of 25 linear feet or more and at 

the end of the day for all other trackout.

(4) Parking, maneuvering, ingress, and egress areas at developments other than 

residential buildings with four or fewer units shall be maintained with one or 

more of the following dustproof paving methods:

(a) Asphaltic concrete.

(b) Cement concrete.

(c) Penetration treatment of bituminous material and seal coat of bituminous 

binder and a mineral aggregate.

(d) A stabilization method approved in writing by the Control Officer and the 

Administrator.

(5) Parking, maneuvering, ingress, and egress areas 3,000 square feet or more in 

size at residential buildings with four or fewer units shall be maintained with a 

paving or stabilization method authorized by the county by code, ordinance, or 

permit.

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

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

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

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

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

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

a. Visible Emissions Requirements and Stabilization Requirements: The owner 

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

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

equal to or greater than 0.33 oz/ft2. and either Section 302.7(a)(1) or Section 

302.7(a)(2) of this rule: However, if silt loading is equal to or greater than 0.33 

oz/ft2, then the owner and/or operator shall not allow the silt content to exceed 6%.

(1) Shall not allow silt loading equal to or greater than 0.33 oz/ft2; or

(2) Shall not allow the silt content to exceed 6%.

b. Control Measures:

(1) Pave;

(2) Apply dust suppressants other than water; or

(3) Uniformly apply and maintain surface gravel.

c. Additional Requirements:

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

(including an alley) in the PM10 nonattainment area, then such person shall first 

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

rule.

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

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

conducting vehicle counts/traffic counts to determine if 150 vehicle trips or 

more per day occur on an unpaved roadway (including an alley). A traffic count 

shall measure vehicular traffic over a 48-hour period, which may consist of two 

non-consecutive 24-hour periods. Vehicular traffic shall be measured 

continuously during each 24-hour period. The average vehicle counts/traffic 

counts on the highest trafficked days shall be recorded and provided to the 

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

Control Officer.

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

following conditions:

(a) When the unpaved roadway (including an alley) achieves the compliance 

determinations meets the requirements described in Section 302.7(a) of this 

rule.

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

is implemented on 5 miles of unpaved roadways (including alleys) having 

vehicle traffic of 150 vehicle trips or more per day within one calendar year 

beginning in calendar year of 2008. If the control measure described in 

Section 302.7(b)(2) of this rule is implemented, the unpaved roadways 

(including alleys) must be maintained so as to comply with Appendix C of 

these rules.

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

dust that involves livestock activities shall be subject to the visible emissions requirements described in Section 302.8(a) of this rule and, unless otherwise specified and/or 

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

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

a. Visible Emissions Requirements:

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

and/or operator shall not cause or allow visible fugitive dust emissions to exceed 

20% opacity.

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

visible fugitive dust emissions to exceed 20% opacity for a period aggregating 

more than three minutes in any 60-minute period.

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

particulate matter, including fugitive dust, beyond the property line within which 

the emissions are generated.

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

fugitive dust that involves livestock activities shall implement the control measures 

described in this section of this rule. When selecting a control measure, the owner 

and/or operator may consider site-specific logistics of the livestock activities. When 

doing so, some control measures may be more reasonable to implement than others. 

Any control measure that is implemented must achieve the applicable standards and 

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

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

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

the Control Officer and the Administrator for the use of alternative control 

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

measure only after the Control Officer and the Administrator have granted the 

petition.

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

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

install, maintain, and use a suitable trackout control device that controls and 

prevents trackout and/or removes particulate matter from tires and the 

exterior surfaces of motor vehicles that traverse the site;

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

inches), or asphaltic roadbase. ;

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

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

to no more than 15 miles per hour, and restrict public access to private roads 

by installing barriers, curbs, fences, gates, posts, or signs written in 

compliance with ordinance(s) of local, County, State, or Federal sign 

standards.

(2) For unpaved feed lane access areas:

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

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

inches), or asphaltic roadbase.

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

accessing a paved an area accessible to the public:

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

that the freeboard is not less than three inches;

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

or other openings in the cargo compartment’s floor, sides, and/or tailgate(s);

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

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

prevents trackout and/or removes particulate matter from tires and the 

exterior surfaces of motor vehicles that traverse the site.

(4) (3) For corrals, pens, and arenas:

(a) Apply water;

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

arenas;

(c) Scrape and/or remove manure;

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

(e) Provide shaded areas; or

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

the Control Officer and the Administrator.

c. Additional Requirements:

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

the control measures described in from each of the following three sections of 

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

302.8(b)(3), and Section 302.8(b)(4) of this rule, as applicable. In lieu of 

implementing at least one control measure from each of the following three 

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

Section 302.8(b)(3), the owner and/or operator of livestock activities shall 

implement an alternative control measure approved in writing by the Control 

Officer and the Administrator.

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

livestock activities achieve the compliance determinations meet the 

requirements described in Section 302.8(a) of this rule.

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

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

areas accessible to the public including curbs, gutters, and sidewalks when 

trackout extends a cumulative distance of 25 linear feet or more and at the end 

of the day for all other trackout.

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

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

deposition of bulk materials onto paved surfaces shall comply with the control measures 

described in Section 302.9(a) of this rule and the additional requirements described in 

Section 302.9(b) of this rule.

a. Control Measures:

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

within 24 hours of the deposits’ identification or prior to the resumption of 

traffic on pavement, where the pavement area has been closed to traffic; and

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

fugitive dust.

b. Additional Requirements:

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

occurs on any adjacent paved roadway, paved parking lot, curb, gutter, or 

sidewalk, the owner and/or operator of the property from which the deposition 

eroded shall implement both of the control measures described in Section 

302.9(a) of this rule.

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

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

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

Electricity, Natural Gas, Oil, Water, and Gas): The owner and/or operator of a nontraditional source of fugitive dust that involves easements, rights-of-way, and access 

roads for utilities (transmission of electricity, natural gas, oil, water, and gas) that are 

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used by 150 vehicle trips or more per day in the PM10 nonattainment area shall be subject 

to the stabilization requirements described in Section 302.10(a) of this rule and unless 

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

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

302.10(c) of this rule.

a. Visible Emissions Requirements and Stabilization Requirements: The owner 

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

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

oil, water, and gas) shall not cause or allow visible fugitive dust emissions to exceed 

20% opacity and shall not allow silt loading equal to or greater than 0.33 oz/ft2

. and 

either Section 302.10(a)(1) or Section 302.10(a)(2) of this rule: However, if silt 

loading is equal to or greater than 0.33 oz/ft2, then the owner and/or operator shall 

not allow the silt content to exceed 6%.

(1) Shall not allow silt loading equal to or greater than 0.33 oz/ft2; or

(2) Shall not allow the silt content to exceed 6%.

b. Control Measures:

(1) Pave;

(2) Apply dust suppressants other than water;

(3) Uniformly apply and maintain surface gravel; or

(4) Install locked gates at each entry point.

c. Additional Requirements:

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

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

natural gas, oil, water, and gas) in the PM10 nonattainment area, then such owner 

and/or operator shall first implement one of the control measures described in 

Section 302.10(b) of this rule.

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

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

gas, oil, water, and gas) in the PM10 nonattainment area, shall be responsible for 

conducting vehicle counts/traffic counts to determine if 150 vehicle trips or 

more per day occur on an easement, right-of-way, and access road for utilities 

(transmission of electricity, natural gas, oil, water, and gas). Such person shall 

provide to the Control Officer written results of such vehicle counts/traffic 

counts within 60 days of verbal or written request by the Control Officer. A 

traffic count shall measure vehicular traffic over a 48-hour period, which may 

consist of two non-consecutive 24-hour periods. Vehicular traffic shall be 

measured continuously during each 24-hour period. The average vehicle

counts/traffic counts on the highest trafficked days shall be recorded and 

provided to the Control Officer in writing within 60 days of verbal or written 

request by the Control Officer.

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

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

natural gas, oil, water, and gas) achieves the compliance determinations meets 

the requirements described in Section 302.10(a) of this rule.

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SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500 – MONITORING AND RECORDS

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

test methods shall be followed: 

501.1 Opacity Observations:

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

with the techniques specified in EPA Reference Method 203B (Visual Determination 

of Opacity of Emissions from Stationary Sources for Time-Exception Regulations). 

Emissions shall not exceed the applicable opacity standards of this rule for a period 

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

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

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

with the techniques specified in Appendix C (Fugitive Dust Test Methods) of these 

rules.

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

alleys) shall be conducted in accordance with Appendix C, Section 2.1-Test Methods for 

Stabilization for Unpaved Roads and Unpaved Parking Lots of these rules.

501.3 Stabilization observations for an open area and vacant lot shall vehicle use in open areas 

and vacant lots and/or open areas and vacant lots shall be conducted in accordance with 

the following: 

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

The Drop Ball Test of these rules; or

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

Friction Velocity (TFV): Sieving Field Procedure of these rules, where the threshold 

friction velocity (TFV) for disturbed surface areas corrected for non-erodible 

elements is 100 cm/second or higher; or

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

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

vegetation or unattached vegetative debris lying on the surface with a predominant 

horizontal orientation that is not subject to movement by wind) is equal to at least 

50%; or

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

Vegetative Cover of these rules, where standing vegetation cover (i.e., vegetation 

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

than 30%; or

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

Vegetative Cover of these rules, where the standing vegetation cover (i.e., vegetation 

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

than 10% and where the threshold friction velocity, corrected for non-erodible 

elements, is equal to or greater than 43 cm/second; or

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f. Appendix C, Section 2.7-Test Methods for Stabilization: Rock Test Method of these 

rules where a percent cover is equal to or greater than 10% for non-erodible 

elements.

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

Administrator.

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

retain records that provide evidence of control measure application (i.e., receipts and/or purchase 

records). Such person shall describe, in the records, the type of treatment or control measure, 

extent of coverage, and date applied. Upon verbal or written request by the Control Officer, such 

person shall provide the records and supporting documentation as soon as possible but no later 

than 48 hours, excluding weekends. If the Control Officer is at the site where requested records are 

kept, such person shall provide the records without delay. 

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

rule shall be retained for at least two years.

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