UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document

EPA’s Proposed Rulemaking

For the

State of Arizona 

Pinal County Air Quality Control District

Chapter 4, Article 3, Construction Sites – Fugitive Dust

Prepared by: Christine Vineyard

March 2016

RULE IDENTIFICATION 

Agency Pinal County Air Quality Control District (PCAQCD)
SIP-approved 

Rule

None

Subject of this 

TSD

Chapter 4, Article 3 – Construction Sites - Fugitive Dust

Adopted – December 21, 2015

Submitted – December 21, 2015

Completeness 

Finding March 21, 2016

RULE SUMMARY

Applicability

The purpose of PCAQCD Article 3 is to control fugitive dust emissions from process 

activity, site activity and unstabilized surfaces associated with construction activities.

This article is effective throughout the West Pinal County PM10 Moderate Nonattainment 

area and excludes the rest of Pinal County and the Pinal County portion of the Phoenix 

PM10 Serious Nonattainment area which is covered under PCAQCD Chapter 4, Article 

7.

Exemptions

The standards and requirements of this article do not apply to:

1. Any facility operating under the authority of a permit issued pursuant to Arizona 

Revised Statutes (ARS) §§ 49-426 or 49-480, although they must comply with 

the recordkeeping requirements in this rule.

2. In the case of an emergency, dust generating operations or disturbed areas may 

be stabilized prior to the submission of the dust generating operation application 

form.

3. Vehicle test and development facilities where dust is required to test and validate 

design integrity, product quality and/or commercial acceptance are exempt from 

the application, permit and applicable standards in the Dust Generating 

Operations section of this rule.

4. The application and permit requirements of this rule do not apply to road 

maintenance activities, however, the dust generating operations and 

recordkeeping requirements do apply.

5. Dust generating activities associated with emergency repair of utilities are not 

subject to the application and permit requirements of this rule.

6. Establishment of initial landscapes and landscape maintenance without the use 

of mechanized equipment and playing on or maintaining a field used for nonmotorized sports are exempt from the application, permit, and standards of this 

rule. However, the use of mechanized equipment does not include grading or 

trenching performed to establish initial landscapes or to redesign existing 

landscapes.
7. The provisions of this rule are not applicable to rooftop operations for cutting, 

drilling, grinding, or coring roofing title when occurring on a pitched roof.

Definitions

1. Applicable definitions are included to add clarity to the rule.

2. Definition of control measures that apply to dust generating operations are 

included.

Dust Generating Operations – Standards, Application, Permit and Recordkeeping 

Requirements

A. Within the work site, an owner and/or operator:

1. Shall not allow or conduct dust generating operations that result in opacity 

greater than 20%.

2. Disturbed areas shall be stabilized and conduct every other week inspection 

to ensure stabilization and that all control measures are implemented.

B. For work sites 5 acres or larger with a dust generating operation permit, the 

owner and/or operator shall as soon as practicable:

1. Install suitable track out control prior to start of dust generating operations.

2. Ensure the work site is stabilized the day leading up to and the day that is 

forecast to be high risk dust emissions by:

a. Implementing all applicable control measures.

b. Ceasing all dust generating operating and stabilizing all disturbed 

surface areas.

C. The owner/operator shall file a dust generating application form, pay the 

appropriate fee and receive a signed permit from the Control Officer prior to 

engaging in any dust generating operations on a work site; and comply with all 

applicable recordkeeping requirements.

Violations

Failure of any person to comply with the applicable requirements of this rule shall 

constitute a violation.

A. The opacity requirements shall not apply during:

i. Wind conditions that cause fugitive dust to exceed the opacity requirements 

if all applicable control measures are implemented, applied and maintained, 

and all dust contributing disturbed area are stabilized.

ii. Emergency maintenance of flood control channels and water retention 

basins if at least 1 applicable control measure is applied, and maintained.

Emission Reductions

If the controls identified in the attainment plan do not produce the expected emissions 

reductions, the control measures in this rule will be implemented as expeditiously as 

practicable as a contingency. The 2018 annual emission reductions estimated for 

construction controls is 4,687 TPY. A detailed explanation on how these reductions will 

be achieved can be found in Appendix D – Pinal County PM10 Nonattainment Area, 
2018 Attainment Demonstration and Controlled Emissions Inventories, Air Quality 

Division, December 21, 2015 – Final.

RULE EVALUATION

A. Rule Stringency – Clean Air Act (CAA) §§ 172(c)(1) and 189(a)(1)(C) require that 

moderate nonattainment area SIP revisions include emissions reductions from 

existing sources of PM10 emissions, as may be obtained through reasonably 

available control measures (RACM) and reasonably available control technology 

(RACT). RACM and RACT must be implemented as “expeditiously as practicable” 

and “shall provide for the attainment of the NAAQS.” Additionally, if an area is 

classified as moderate, a State must implement RACM no later than four years after 

designation. RACT applies to stationary sources and is generally not relevant for 

the submitted Pinal rule. RACM determinations are generally made in context of a 

broader attainment demonstration. Consequently, our stringency evaluation 

includes primarily a comparison of these Pinal provisions with national guidance and 

with analogous requirements in nearby Imperial, California. 

The Pinal Construction Site – Fugitive Dust Rules implement the applicable

“Available Fugitive Dust Control Measures” listed in Appendix C1 of the State 

Implementation Plans; General Preamble for the Implementation of Title I of the 

Clean Air Act Amendments of 1990; Supplemental (57 FR 18070):

1. Pave, vegetate, or chemically stabilize access points where unpaved traffic 

surfaces adjoin paved roads.

Pinal Construction Site rule (4-3-170 (4)): Apply chemical stabilizers/dust 

suppressants to disturbed surface areas and dust generating operations. 

Effective in areas which are not subject to daily disturbances.

2. Require dust control plans for construction or land clearing projects.

Pinal Construction Site rule (4-3-180 (C)): Prior to engaging in any dust 

generating operations on a work site, the owner and/or operator shall file a dust 

generating operation application form with the Control Officer, pay the 

appropriate fee in Appendix C, and receive a signed permit from the Control 

Officer.

3. Require haul trucks to be covered.

Pinal Construction Site rule (4-3-170 (4)): Load all trucks such that the freeboard 

is not less than 3 inches; and prevent spillage or loss of bulk material from holes 

or other openings in the conveyance; cover all haul trucks (empty or full) with an 

anchored tarp or other suitable anchored material.

4. Provide rerouting or rapid cleanup of temporary sources of dust on paved 

roads.

Pinal Construction Site rule (4-3-170 (4)): For all work sites, when track out 

extends a cumulative distance of 50 linear feet or more, be cleaned up as soon 

as practicable; but, in any case, by the end of the work day.

Erect signs or install physical barriers to limit access of work site.
5. Require vegetation, chemical stabilization, or other abatement of wind 

erodible soil, including lands subjected to water mining, abandoned farms, 

and abandoned construction sites.

Pinal Construction Site rule (4-3-180 (B)): For areas or portions of areas, in which 

the dust generating operations have ceased or will cease for more than 30 days, 

erect signs or install physical barriers to limit trespass and ensure the work site is 

stabilized.

Exhibit F-II1 provides a comparison of Chapter 4, Article 3, fugitive dust requirements 

to analogous measures in Imperial County, recently approved in the California SIP 

as BACM for that area. These show similar levels of control between the two rules

(see below), although they are structured differently. 

Control Measures Pinal County Rule

Chapter 4, Article 3

Imperial County Rule 801

Applicability The intent of the rule is to control 

dust emissions associated with 

construction activities. 

Although not specified in the Pinal 

County applicability section, 

earthmoving is included as a dust 

generating activity in definition. 

The intent of the rule is to reduce the 

amount of PM-10 emissions due to 

Construction and Earthmoving Activities. 

Dust Generating Operations

Standards Requirements within worksite (0.1 

acre or larger) include: 

- 20% opacity limit for dust on the 

property. [4-3-180(A)(1)] 

- Stabilize any disturbed surface 

area. [4-3-180(A)(2)] 

- Every other week inspections [4-

3-180(A)(2)] 

- Ensure all applicable control 

measures are implemented on dust 

generating operations and 

disturbed surface areas are 

stabilized.

Where an owner/operator obtains a 

dust generating operation permit 

for a worksite or combination of 

worksites 5 acres or larger:

Requirements for Construction sites and 

Earthmoving Activities include: 

- 20% opacity limit [ICAPCD Rule 

801(E.1.a) and (E.1.b)] 

- Comply with the Best Available Control 

Measure (BACM) requirements of Section 

F.1 [ICAPCD Rule 801(E.1.a) and (E.1.b)]

to limit opacity:

-pre-water 

- phase work.

- apply water or chemical stabilization 

- construct and maintain wind barriers 

Sites with access to a Paved Road and with 

150 or more Average Vehicle Trips per Day, 

or 20 or more Average Vehicle Trips per 

Day by vehicles with three or more axles: 

-Track-out Control Device. 

 

1

Insert citation.
- Track-out Control Device. 

Installation of suitable track-out 

control device prior to start of dust 

generating operations. [4-3-

180(B)(1)] 

- Temporary Inactivity.

For areas or portions of areas 

where dust generating operations 

have ceased or will cease for more 

than 30 days, erect signs or install 

physical barriers to limit trespass. 

[4-3-180(B)(2)] 

-Wind Events/High Risk Days. 

Ensure work site is stabilized the 

day leading up to and the day that 

is forecast to be high risk for dust 

emissions, as noticed by the Pinal 

County Dust Control Forecast. [4-

3-180 (B)(3)]

- Install one or more Track-Out Prevention 

Devices or control device or wash down 

system at access points with Paved Roads;

. [ICAPCD Rule 803(F)] 

Temporary Inactivity. 

- Restrict vehicular access to the area by 

fencing or signage; and 

- Apply water or Chemical Stabilization. If 

an area having 0.5 acres or more of disturbed 

surface area remains unused for seven or 

more days, the area must comply with the 

conditions for a Stabilized Surface area. 

[ICAPCD Rule 801(F.1.c)] 

-Wind Events/High Risk Days. 

When Wind Gusts exceed 25 miles per hour 

area is exempt from 20% opacity limit 

provided that at least one stabilization 

control measure is implemented for each 

applicable Fugitive Dust source type.

[ICAPCD Rule 801(D.2)] 

Application Prior to engaging in any dust 

generating operations on a work 

site, the owner and/or operator 

shall file a dust generating 

operation application form with 

the Control Officer, pay the 

appropriate fee in Appendix C, and 

receive a signed permit from the 

Control Officer. 

All Persons who own or operate a 

Construction site of 10 acres or more in size 

for residential developments or 5 acres or 

more for non-residential developments shall 

develop a dust control plan. The dust control 

plan shall be made available to the APCD 

upon request. The dust control plan shall 

comply with the requirements of Section F. 

[ICAPCD Rule 801(E.1.c)] 

The owner or operator required to develop a 

dust control plan shall provide written 

notification to the APCD within 10 days 

prior to the commencement of any 

Construction activities via fax or mail. 

[ICAPCD Rule 801(E.1.d)]

Permit and 

Recordkeeping

The signed dust generating 

operation permit from the control 

officer will contain the 

requirements set under §4-3-180 

(A) and (B), and conditions 

regarding the necessary control 

measures specific to the applicable 

project as proposed by the 

registrant 

Recordkeeping requirements:

Imperial County Rule recordkeeping 

requirements include: 

- Retain a copy of the dust control plan at the 

project site. [ICAPCD Rule 801(F.2.a)] 

- Comply with the requirements of the 

approved dust control plan. [ICAPCD Rule 

801(F.2.b)] 

- Compile and retain records that provide 

evidence of control measure application (i.e., 

receipts and/or purchase records). 
- Maintain a copy of the signed 

permit and provide it upon request. 

- Keep records of every other week 

inspections and site-wide 

inspection reports 

- Provide records within 72 hours 

upon verbal or written request.

- Records shall be maintained and be readily 

accessible for two years after the date of each 

entry and shall be provided to the APCD 

upon request. [ICAPCD Rule 801(G)] 

B. Enforceability – CAA §110(a)(2)(A) states that regulations submitted to EPA for SIP 

approval must be clear and legally enforceable. The rule requirements to suppress 

construction site fugitive dust emissions by stabilizing disturbed areas, limiting 

opacity to 20%, controlling track-out and maintain records, adequately ensure that 

affected sources and regulators can evaluate and determine compliance consistently.

C. Anti-Backsliding - CAA §110(l) prohibits EPA from approving any SIP revision that 

would interfere with any applicable requirements concerning attainment and 

reasonable further progress (RFP) or any other applicable requirements of the CAA. 

In addition, CAA §193 prohibits the modification of any SIP-approved control 

requirement in effect before November 15, 1990, in a nonattainment area unless the 

modification insures equivalent or greater emission reductions. The submitted rule 

would comply with CAA §§110(l) and 193 because Chapter 4, Article 3, Construction 

Site – Fugitive Dust is a new rule and will strengthen the SIP rule by adding new

requirements for the control of fugitive dust emissions at construction work sites in 

the West Pinal PM10 Moderate Nonattainment Area.

EPA ACTION

The submitted Chapter 4, Article 3, “Construction Sites – Fugitive Dust in West Pinal 

PM10 Moderate Nonattainment Area Fugitive Dust,” strengthens the SIP by placing 

restrictions on emissions from fugitive dust at work sites. The submittal fulfils the 

relevant CAA §110 and part D requirements, therefore, EPA staff recommends a full 

approval.

ADDITIONAL REFERENCES

1. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” 

(a.k.a., Bluebook) EPA OAQPS, May 25, 1988 

(http://www.epa.gov/ttn/naaqs/ozone/ozonetech/voc_bluebook.pdf).

2. Chapter 3, Article 3, Construction Sites - Fugitive Dust.