Appendix 1 
NOTICE OF PROPOSED RULEMAKING 

MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS 

FIVE PERCENT PLAN RULEMAKING PROJECT 

PREAMBLE

1. Sections affected Rulemaking action

Rule 200 Amend 

Rule 310 Amend 

Rule 310.01 Amend 

Appendix C 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: 13 A.A.R. 2175, June 22, 2007 

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

regarding the rulemaking:

Name: Johanna M. Kuspert or Jo Crumbaker 

Maricopa County Air Quality Department 

Address: 1001 N. Central Ave, Suite 595 

 Phoenix, AZ 85004 

Telephone: (602) 506-6710 or (602) 506-6705 

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 (MCAQD) is proposing revisions to Rule 200, Rule 

310, Rule 310.01, and Appendix C. The MCAQD is proposing these revisions to Rules 200, 310, 

310.01 and Appendix C to implement control measures and increase compliance with existing rules for 

the Five Percent Plan for PM10. On June 6, 2007, the Environmental Protection Agency (EPA) 

finalized its finding that the Phoenix Nonattainment Area did not attain the 24-hour PM10 standard by 

the deadline mandated in the Clean Air Act (CAA), December 31, 2006. (72 FR 31183, June 6, 2007) 

Under Section 189(d) of the CAA, serious PM10 nonattainment areas that fail to attain are required to 

submit within 12 months of the applicable attainment date, “plan revisions which provide for attain1
ment of the PM10 air quality standard and, from the date of such submission until attainment, for an 

annual reduction in PM10 or PM10 precursor emissions within the area of not less than 5 percent of the 

amount of such emissions as reported in the most recent inventory prepared for such area.” In accordance with the CAA section 179(d)(3), the attainment deadline applicable to an area that misses the 

serious area attainment date is as soon as practicable. The region needs to submit to a Five Percent 

Plan for PM10 by December 31, 2007. 

PM10 Nonattainment Status History: 

In accordance with 1990 Clean Air Act Amendments, the Maricopa County nonattainment area was 

initially classified as "moderate" for PM10 pollution. As a moderate nonattainment area, Maricopa 

County was required to submit to the EPA a moderate PM10 nonattainment area plan and to show 

attainment of the PM10 national ambient air quality standards (NAAQS) by December 31, 1994. 

Moderate PM10 nonattainment area plans were submitted to the EPA in 1991 and 1993. 

The Maricopa County moderate PM10 nonattainment area, upon the EPA’s findings, failed to attain the 

NAAQS by December 31, 1994. Consequently, on May 10, 1996, the EPA reclassified Maricopa 

County as a serious PM10 nonattainment area. Maricopa County was then required to submit a serious 

PM10 nonattainment area plan, which had to include best available control measures (BACM), 

measures designed to achieve the maximum degree of emissions reduction for PM10 sources. Maricopa 

County had to show attainment of the PM10 NAAQS by December 21, 2001. 

Emission inventories and air quality modeling analysis of existing control measures showed that 

attainment could not be reached by December 21, 2001. A shortfall of a 16.4% reduction in PM10

concentration was identified. The CAA allows states to request an extension of this attainment date for 

up to five years, providing the state demonstrates that the plan includes the most stringent measures 

(MSM) that are included in any state’s plan or achieved in practice by any State, and can be feasibly 

implemented in the area. Consequently, a rigorous planning effort was conducted to develop 77 

additional control measures. The serious PM10 nonattainment area plan was submitted to the EPA on 

July 9, 1999. The EPA approved the revised serious PM10 nonattainment area plan in April 2002, 

contingent on the completion of three commitments by Maricopa County. The revisions to Rule 310 

(adopted April 7, 2004) addressed the commitments. 

As a result of litigation on the moderate PM10 nonattainment area plan, the Arizona Department Of 

Environmental Quality (ADEQ's) prepared and submitted a Plan For Attainment Of The 24-Hour PM10

Standard–Maricopa County PM10 Nonattainment Area in May 1997. EPA partially disapproved the 

Arizona 24-hour Standard PM10 SIP revision triggering a federal implementation plan (FIP) obligation, 

which remains in place, related to the area’s PM10 moderate area plan. The obligation resulted from 

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EPA disapproved those sections of the SIP addressing unpaved roads, unpaved shoulders, unpaved 

parking lots, vacant lots and agriculture. EPA found that the SIP did not contain measures to reduce the 

emissions from or the number of existing sources in these categories and therefore failed to implement 

reasonably available control measures. Under the court ordered consent decree, EPA finalized a FIP in 

July 1998 for the Maricopa County PM10 nonattainment area that addresses those four categories of 

sources. 

On July 2, 2002, the Environmental Protection Agency (EPA) found the controls proposed in the 

Arizona 24-hour Standard PM10 SIP revision were inadequate to ensure the attainment of the PM10

national ambient air quality standards (NAAQS) at the Salt River air quality monitoring sites. The 

finding of inadequacy included the State Implementation Plan’s (SIP’s) attainment and reasonable 

further progress (RFP) demonstrations for the 24-hour PM10 standard at the Salt River monitoring sites 

and three other microscale sites in the Maricopa County PM10 nonattainment area (Maryvale, Gilbert, 

and West Chandler). 

Although the EPA approved Arizona's 1997 SIP revision and additional required controls proposed by 

Maricopa County on August 4, 1997, EPA's Aerometric Information Retrieval System (AIRS) continued to show exceedances at the Maricopa County PM10 nonattainment area Salt River site - 

recording expected exceedances in 1999, 2000, and through three quarters of 2001. Consequently, the 

EPA required Arizona to submit a SIP revision to identify and implement corrective PM10 control 

provisions in the Salt River Study Area and for similar significant sources in the Maricopa County 

PM10 nonattainment area. 

Arizona's SIP revision was required to provide for attainment in the Salt River site no later than 

December 31, 2006, in accordance with CAA §189(b)(1)(A) and 188(e), and was required to include 

control strategies that meet the best available control measures (BACM) test and the most stringent 

measures (MSM) test for significant sources and source categories. 

The Final Revised PM10 State Implementation Plan For The Salt River Area dated August 2004

contained Arizona’s revisions to the State Implementation Plan for the Maricopa County PM10 serious 

nonattainment area and included the following State Implementation Plan requirements, as described 

by the EPA in its Federal Register notice of disapproval (67 FR 44369, July 2, 2002): 

● A modeling demonstration showing that the level of emissions reductions from application of 

BACM-MSM for all significant sources of PM10 will result in attainment of the 24-hour 

NAAQS by December 31, 2006, at the Salt River PM10 monitoring site, in accordance with 

CAA §189(b)(1)(A) and §188(e). 

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● Commitments to implement best available control measures (BACM)-most stringent 

measures (MSM) for sources significantly contributing to exceedances of the 24-hour PM10

standard in the Salt River area as expeditiously as possible (CAA §189(b)(1)(B)) and a 

commitment that all BACM and MSM control measures adopted and applied to sources in the 

Salt River Study Area will be applied to all similar sources throughout the Maricopa County 

PM10 serious nonattainment area. 

● A demonstration that the plan constitutes Reasonable Further Progress (RFP) up to the 

attainment deadline - December 31, 2006. 

● A demonstration that all the requirements of the federal Clean Air Act Amendments that 

pertain to serious PM10 nonattainment areas are met - including CAA §110(l), 

§110(a)(2)(E)(i), and 40 CFR §51.280 and §51.111). 

Explanation For Current Rulemaking Proposals: 

For the Five Percent Plan for PM10, an analysis was again conducted to identify additional measures to 

reduce emissions and/or improve compliance with existing requirements. In addition, the Arizona State 

Legislature enacted SB 1552 that also contains requirements for additional control measures that are 

proposed for inclusion in the revisions to the rules proposed in this notice. The MCAQD is also 

proposing to re-format the rules and clarify text to address concerns and comments that arose in the 

enforcement process. Finally, the MCAQD is also proposing to include several control measures 

adopted as BACM/MSM in Maricopa County Air Pollution Control Regulations Rule 316 in June 

2005 for the Salt River SIP in Rules 310 and 310.01. 

From July 2006 through January 2007, the MCAQD conducted a rule effectiveness study for Rules 

310, 310.01 and 316. The results of the study were applied to the 2005 periodic emission inventory for 

PM10 to estimate emissions from the affected source categories. The study found that 51% of 

permitted sites complied with Rule 310 and 68% on the non-permitted sites complied with Rule 

310.01. To improve the compliance rate for the rules, the proposed rule revisions include provisions to 

train and educate affected sources consistent with SB 1552, clarify existing rule provisions and include 

new provisions to increase the consistency of compliance. 

The MCAQD reviewed rules from Clark County, Nevada; Pima County Department of Environmental 

Quality, Arizona (Pima DEQ); South Coast Air Quality Management District, California (SCAQMD); 

and San Joaquin Unified Air Pollution Control District, California (SJUAPCD) to identify differences 

between County rules and rules from areas that successfully met the December 31, 2006 attainment 

date. 

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Clark County fugitive dust rules apply to a desert environment and Clark County did attain the PM10 

standard by December 31, 2006. Clark County Regulation Section 94 – Permitting And Dust Control 

For Construction Activities includes specific actions than an affected owner or operator must complete 

each day (94.7.8) and includes a subsection on Construction Activities Violations (94.10.1) that 

provides an extensive list of actions that may result in a violation. The MCAQD is proposing rule 

revisions modeled after the Clark County rule to the existing recordkeeping requirements to more 

clearly describe what actions are necessary in order to record the application of dust control measures 

daily. The MCAQD is also proposing a General Requirements subsection that includes a similar 

extensive list to summarize and remind owners and operators of all the various requirements contained 

in Rule 310. 

SCAQMD Rule 403 includes a requirement that the cumulative trackout from all exits for a site shall 

not exceed 25 feet. This requirement was included in Rule 316 as BACM/MSM for the Salt River SIP 

revision. The Maricopa County Associations Of Government (MAG) included this measure as a 

suggested measure in the Draft Five Percent Plan. The MCAQD is proposing to apply this measure to 

the other fugitive dust sources in Rules 310 and 310.01. 

Clark County, Pima DEQ, SCAQMD, and SJUAPCD rules all include provisions that do not allow 

visible emissions from activities on a site to extend beyond the property line. MAG also included this 

measure as a suggested measure in the Draft Five Percent Plan. The MCAQD is proposing to include 

this measure in Rules 310 and in 310.01 to improve compliance with the rules. 

Clark County Sections 90 and 94 include requirements for long-term stabilization. Section 94.8.3 

requires long-term stabilization when a site or part thereof becomes inactive for a period of 30 days or 

longer to be implemented within 10 days. The Clark County Section 90.2.1.1(a) does not allow the use 

of water where measures to prevent vehicular trespassing and movement are not effective. The 

MCAQD is proposing revisions to the long-term stabilization control measures that reduce the period 

of inactivity to 30 days and links the stabilization by water with the requirement for barriers. 

Other revisions incorporate the provisions of SB 1552 that mandate training and require a dust 

coordinator to be onsite at all times in Rule 310. These changes are designed to improve the site 

oversight and increase the compliance rate with the existing rule provisions. Based on the MCAQD’s 

experience in enforcing the current rules, several changes are proposed to clarify existing requirements. 

For example, the MCAQD has been receiving complaints about dust emissions from vehicles driving 

on dusty surfaces on construction projects at schools and hospitals and from vehicles passing dusty 

curbs, gutters and sidewalks. The MCAQD is proposing to clarify the definition of “area accessible to 

the public” by removing the word “retail” from the definition. The MCAQD is also proposing to 

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extend the trackout clean up requirements to include curbs, gutters and sidewalks as well as paved 

roads. 

In Rule 310.01, the MCAQD is proposing to add the requirement to install a trackout control device to 

the subsection covering unpaved parking lots and the subsection covering off-site hauling of bulk 

materials by livestock operations. The MCAQD is also proposing to add control measures for other 

areas of a livestock operation beyond the livestock areas and modify the data reduction method for the 

opacity standard. SB 1552 does not include a de minimis threshold for vacant lots or unpaved ingress, 

egress, vehicle parking and use areas other than for a property with 4 or fewer residential units. The 

MCAQD is proposing to revise the threshold for vehicle use in open areas and vacant lots to be 

consistent with the de minimis threshold in the open areas and vacant lot subsection. In addition, the 

threshold for stabilizing an unpaved parking lot will be revised to match the requirements of SB 1552. 

The MCAQD is also proposing to include another provision from SB 1552 authorizing the County to 

enter a lot to stabilize the disturbed surface at the expense of the owner if the vacant lot has not been 

stabilized by the day set for compliance in the 30 day notification letter. 

In Rule 200, the MCAQD is proposing to add provisions that require subcontractors working on dust 

generating operations to register with the County to comply with SB 1552. The subcontractors will 

receive a registration number that they will be required to keep readily accessible to the Control 

Officer. 

Section By Section Explanation Of Changes: 

Rule 200-Permit Requirements: 

Section 301-Permits Required: To change “this rule” to “these rules” and to add as last sentence “The 

Maricopa County Air Quality Department issues the following permits: Title V permits, Non-Title V 

permits, General permits, Dust Control permits, and Permits To Burn. The standards and/or requirements for these permits are described in Section 302 thru Section 305 of this rule. Additional 

standards, administrative requirements, and monitoring and records requirements for some of these 

permits are described in individual rules of these rules, as applicable/as specified in Section 302 thru 

Section 305 of this rule.” 

Section 305-Earth Moving Permit: To change heading “Earth Moving Permit” to “Dust Control 

Permit”. To change introduction “No person shall cause, commence, suffer, allow, or engage in any 

earth moving operation that disturbs a total surface area of 0.10 acre or more without first obtaining a 

permit from the Control Officer. This requirement for a permit shall apply to all such activities 

conducted for commercial, industrial, or institutional purposes or conducted by any governmental 

entity. The property owner, lessee, developer, or general/prime contractor will be responsible for 

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acquiring the permit. Permits shall not be required for earth moving operations for emergency repair of 

utilities, paved roads, unpaved roads, shoulders, and/or alleys” to “A Dust Control permit shall be 

required before a 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 dust generating operation subject to the requirements of Rule 310 of these rules, causes, commences, suffers, allows, or engages in any dust 

generating operation that disturbs a total surface area of 0.10 acre (4,356 square feet) or more. The 

provisions of Rule 310 of these rules shall apply to Dust Control permits, except as otherwise provided 

in Rule 310 of these rules.” 

Section 305.1: To delete “Application: The applicant shall file an application, which includes an 81⁄2" x 

11" site map showing all linear dimensions, and shall submit a control plan as described in Rule 310 of 

these rules.” This information is proposed to be addressed in Rule 310. 

Section 305.2: To delete “Annual Block Permit: Any person responsible for more than one earth 

moving operation consisting of routine operation, maintenance, and expansion or extension of utilities, 

paved roads, unpaved roads, road shoulders and/or alleys, and public right of ways at non-contiguous 

sites may submit one permit application covering multiple sites at which construction will commence 

within 12 months of permit issuance provided that: a. The control plan as described in Rule 310 of 

these rules applies to all sites; and b. The applicant submits a list of all sites, including the location and 

size of each site, with the application; and c. For any project not listed in the application, the applicant 

notifies the Control Officer in writing at least three working days prior to commencing the earth 

moving operation. The notice shall include the site location, size, type of activity, and start date.” This 

information is proposed to be addressed in Rule 310. 

Section 305.3: To delete “Action On Permit Application: The Control Officer shall take final action on 

an earth moving permit application within 14 calendar days of the filing of the completed application. 

The Control Officer shall notify the applicant in writing of his approval or denial.” This information is 

proposed to be addressed in Rule 310. 

Section 305.4: To delete “Permit Term: Earth Moving permits issued pursuant to this rule shall be 

issued for a period of one year from the date of issuance.” This information is proposed to be 

addressed in Rule 310. 

Section 305.5: To delete “Permit Renewal: Earth Moving permits shall be renewed annually should the 

project last longer than one year from the date the permit was issued. Applications for permit renewal 

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shall be submitted to the Control Officer at least 14 calendar days prior to the expiration date of the 

original permit.” This information is proposed to be addressed in Rule 310. 

New Section 306-Subcontractor Registration: To add new Section 306 to comply with Arizona 

Revised Statutes (A.R.S.) § 49-474.06: “306.1 A subcontractor who is engaged in dust generating 

operations at a site that is subject to a permit that is issued by a Control Officer and that requires 

control of PM10 emissions from dust generating operations shall register with the Control Officer by 

submitting information in the manner prescribed by the Control Officer. The Control Officer shall 

issue a registration number after payment of the fee. The Control Officer may establish and assess a fee 

for the registration based on the total cost of processing the registration and issuance of a registration 

number. 306.2 The subcontractor shall have its registration number readily accessible on-site while 

conducting any dust generating operations. The subcontractor’s registration number must be visible 

and readable by the public without having to be asked by the public (e.g., included/posted in a sign that 

is visible on the subcontractor’s vehicle or equipment, included/posted on a sign that is visible in the 

window of the subcontractor’s vehicle or equipment, or included/posted on a sign where the 

subcontractor is working on the site).” 

Rule 310-Fugitive Dust: 

Rule Title: To change “Fugitive Dust” to “Fugitive Dust From Dust Generating Operations.” 

Section 101: To add “(PM10).” 

Section 102: To add “of this rule.” 

Section 103: To change format. To add exemption for non-traditional sources. To add exemption for 

emergency activities. To delete “The following are exempt from the requirements of this rule: normal 

farm cultural practices under Arizona Revised Statutes (A.R.S.) § 49-457 and § 49-504.4, and open 

areas, vacant lots, unpaved parking lots, and unpaved roadways that are not located at sources that 

require any permit under these rules” and to add “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 NonTraditional 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, 

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

gas). 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 Establishing 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. 103.7 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.” 

New Section 201: To add “Area A - As defined in A.R.S. § 49-541(1), the area in Maricopa County 

delineated as follows: Township 8 North, Range 2 East and Range 3 East; Township 7 North, Range 2 

West through Range 5 East; Township 6 North, Range 5 West through Range 6 East; Township 5 

North, Range 5 West through Range 7 East; Township 4 North, Range 5 West through Range 8 East; 

Township 3 North, Range 5 West through Range 8 East; Township 2 North, Range 5 West through 

Range 8 East; Township 1 North, Range 5 West through Range 7 East; Township 1 South, Range 5 

West through Range 7 East; Township 2 South, Range 5 West through Range 7 East; Township 3 

South, Range 5 West through Range 1 East; Township 4 South, Range 5 West through Range 1 East.” 

Re-Numbered Section 202: To delete “retail”. To delete “open” and to add “accessible.” Areas 

accessible to the public should not be limited-to retail parking lots. Parking lots for churches, schools, 

other institutions meet the definition. The definition of “area accessible to the public” replaces the 

definition of “public roadway”. The new term covers areas previously not included, such as paved 

parking lots accessible to the public. Maricopa County proposed this change on recommendation from 

enforcement/County Attorney. Maricopa County was unable to proceed with enforcement, when a 

contractor claimed the shopping center driveway was a site’s trackout control device, instead of 

installing a device prior to the exit from the building site. The proposed change will close this 

loophole. Because of the expansion of the “public access” theory, dust generating operations may have 

increased areas in which they have to use certain dust control measures. Maricopa County predicts that 

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the number of projects that will be newly affected by this change in terminology will be small. 

Additionally because of existing dust management requirements, it is expected that sources affected by 

this change have the necessary equipment to easily implement the new standard. The revised definition 

of “areas accessible to the public”, as reflected in amendments adopted by the Maricopa County Board 

Of Supervisors during a Pubic Hearing on April 7, 2004, is the product of Maricopa County’s 

collaboration with small businesses to design a definition that meets the needs of the regulated 

community while meeting Maricopa County’s commitments in the serious area PM10 plan. The 

exception for paved areas that have been designated as a trackout control device would allow Maricopa 

County the discretion, at the time of approving a Dust Control Plan, to distinguish between suitable 

paved area trackout control devices that are accessible to the public and those that are not suitable (i.e., 

shopping mall parking lots). If a source is using a paved area accessible to the public as the trackout 

control device, then the paved area accessible to the public must be part of the designated work site. 

The source must identify such paved area accessible to the public as a trackout control device in the 

Dust Control Plan and must follow the requirements for maintaining a trackout control device. 

Regardless of an area being an interior road or not, such area accessible to the public is subject to the 

requirements of Rule 310. 

Re-Numbered Section 203: To change format of definition of bulk material and to list only once 

materials that are listed twice (i.e., earth and soil). 

Re-Numbered Section 204: To change format. Unloading applies to dumping activities. 

Re-Numbered Section 205.3: To change “pre-wetting” to “pre-watering.” To match term used in 

Application For Dust Control Permit and Guidance For Application For Dust Control Permit - “prewatering”. 

Re-Numbered Section 206: To match definition of disturbed surface area to definition of disturbed 

surface area in Senate Bill 1552. Senate Bill 1552 reads, in part, as follows: A.R.S. § 49-474.01(A)(11) 

In a county with a population of two million or more persons or any portion of a county within an area 

designated by the Environmental Protection Agency as a serious PM10 nonattainment area or a 

maintenance area that was designated as a serious PM10 nonattainment area, no later than March 31, 

2008, adopt rule provisions, and, no later than October 1, 2008, commence enforcement of those rule 

provisions regarding the stabilization of disturbed surfaces of vacant lots that include the following: 

“Disturbed surface” means 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. Vacant lots do not include any site of disturbed surface area that is 

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subject to a permit issued by the Control Officer that requires control of PM10 emissions from dust 

generating operations. To move “For the purpose of this rule, 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 301 and Section 302 of this rule” to New Section 103.4. 

Re-Numbered Section 208: To delete “fugitive dust” and to add “to be implemented and maintained in 

order to prevent or minimize the generation, emission, entrainment, suspension, and/or airborne 

transport of fugitive dust.” 

Re-Numbered Section 209: To change format and to change definition to match Clark County’s 

definition of “construction activities” in Section 94-Permitting And Dust Control For Construction 

Activities. To move “For the purpose of this rule, landscape maintenance and playing on or 

maintaining a field used for non-motorized sports shall not be considered a dust generating operation. 

However, landscape maintenance shall not include grading, trenching, or any other mechanized surface 

disturbing activities performed to establish initial landscapes or to redesign existing landscapes” to 

New Section 103.5. 

Re-Numbered Section 211: To change format. 

New Section 212: To add “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 technology-based 

emission limitation under the permit, 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.” 

New Section 213: To add “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.” 

New Section 214: To add “End Of Work Day - The end of a working period that may include one or 

more work shifts but not later than 8 pm.” 

Re-Numbered Section 216: To move “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 

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

III-Control Of Air Contaminants of these rules” to New Section 103.6. 

Re-Numbered Section 217: To add “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.” To 

add dimensions of gravel pad to the definition of gravel pad and to remove dimensions of gravel pad 

from Rule 310 regarding trackout. Staff recommends that gravel pad be required to be three inches 

deep instead-of six inches deep because experience in the field has shown six inches deep to inhibit 

vehicle travel rather than reduce trackout. Proposed dimensions of gravel pad are same dimensions 

required in Clark County’s Construction Activities Dust Control Handbook. 

Re-Numbered Section 219: To delete “Open Areas And Vacant Lots - Any of the following described 

in Section 219.1 through Section 219.4 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 open area or vacant lot. 219.1 An unsubdivided or undeveloped 

tract of land adjoining a developed or partially developed residential, industrial, institutional, 

governmental, or commercial area. 219.2 A subdivided residential, industrial, institutional, 

governmental, or commercial lot that contains no approved or permitted buildings or structures of a 

temporary or permanent nature. 219.3 A partially developed residential, industrial, institutional, 

governmental, or commercial lot. 219.4 A tract of land, in the nonattainment area, adjoining 

agricultural property.” Term is used in Rule 310.01-Fugitive Dust From Non-Traditional Sources Of 

Fugitive Dust. 

New Section 223: To add “Open Storage Pile - Any accumulation of bulk material with a 5% or 

greater silt content which in any one point attains a height of three feet and a total surface area of 150 

square feet or more. 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%.” To move definition of 

“open storage pile” from standards section to definitions section. Term and definition were used in 

Rule 310, Section 308.6 adopted April 7, 2004. To delete “covers”. An open storage pile is an open 

storage pile if/when such pile attains a height of three feet and a total surface area of 150 square feet or 

more. Such dimensions match dimensions used in South Coast’s Rule 403-Fugitive Dust definition of 

open storage pile. 

Re-Numbered Section 224: To delete “responsible for obtaining an earthmoving permit under Rule 

200, Section 305” and to add “including, but not limited to, the property owner, lessee, developer, 

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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.” 

New Section 226: To add “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.” Definition matches definition used in South 

Coast’s Rule 403-Fugitive Dust. 

Section 230: To delete “Urban Or Suburban Open Area – The definition of urban or suburban open 

area is included in Section 219-Definition Of Open Areas And Vacant Lots of this rule.” Term is used 

in Rule 310.01-Fugitive Dust From Non-Traditional Sources Of Fugitive Dust. 

Section 231: To delete “Vacant Lot – The definition of vacant lot is included in Section 219-Definition 

Of Open Areas And Vacant Lots of this rule.” Term is used in Rule 310.01-Fugitive Dust From NonTraditional Sources Of Fugitive Dust. 

Section 232: To delete “Vacant Parcel – The definition of vacant parcel is included in Section 219-

Definition Of Open Areas And Vacant Lots of this rule.” Term is used in Rule 310.01-Fugitive Dust 

From Non-Traditional Sources Of Fugitive Dust. 

Re-Numbered Section 233: To delete “larger than 5,000 square feet” and to add “material handling”, 

“and equipment”, and “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, maneuvering shall not include military maneuvers or 

exercises conducted on federal facilities.” To change definition of “unpaved parking lot” to match 

Clark County’s definition of “unpaved parking lot” in Section 92-Fugitive Dust From Unpaved 

Parking Lots; Material Handling And Storage Yards; And Vehicle And Equipment Storage Yards. 

Re-Numbered Section 234: To move “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” to New Section 103.8. 

Re-Numbered Section 237: To delete “and/or earthmoving operations”, because the phrase is included 

in the definition of “dust generating operations.” 

13
New Section 301: To add general requirements for dust generating operations. General requirements 

for dust generating operations are intended to clarify the duties to which an owner and/or operator must 

comply and to distinguish between control measures, stabilization standards, and test methods. The 

intent of the language in Section 301 is to make it clear that regardless of a site’s permitting status - 

permit or no permit, Dust Control Plan or no Dust Control Plan - the site must comply with all the 

applicable provisions of Rule 310 if engaging in a dust generating operation. Ignorance of Rule 310 

through lack of a permit or Dust Control Plan is not an acceptable defense for not implementing Rule 

310 provisions at a site that has dust generating operations. Also, to add a statement that requirements 

of Rule 310 must be complied-with before, after, and while conducting dust generating operations, 

including during weekends, after work hours, and on holidays. 

New Section 302: To add permit requirements for dust generating operations from Rule 200-Permit 

Requirements. Permit requirements for earthmoving operations to be revised in Rule 200 and to 

reference Rule 310. 

Re-Numbered Section 303: To delete “The owner and/or operator of a dust generating operation shall 

not allow visible fugitive dust emissions to exceed 20% opacity as tested by methods described in 

Appendix C of these rules” and to add heading “Visible Emissions Requirements For Dust Generating 

Operation.” 

New Section 303.1: To add “Dust Generating Operation Opacity Limitation 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: a. The owner and/or operator of a dust generating 

operation shall not cause or allow visible fugitive dust emissions to exceed 20% opacity. 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.” To add 0% opacity limit beyond the property line. 0% opacity limit beyond the property 

line matches standard in Rule 316-Nonmetallic Mineral Processing, standard in Clark County Section 

94-Permitting And Dust Control For Construction Activities, and standard in Pima County 17.16. 

Re-Numbered Section 303.2: To add heading “Exemptions From Dust Generating Operation Opacity 

Limitation Requirement.” 

Re-Numbered Section 303.2(a): To add “described in Section 303.1(a) of this rule.” 

Re-Numbered Section 303.2(a)(1): To delete “1” and to add “one.” To add “following.” To delete “in 

Tables 20 & 21 was” and to add “were.” To remove reference to Table 20 and Table 21 and to add 

14
control measures from Table 20 and Table 21 - regarding wind event - to Rule 310, Section 

303.2(a)(1). 

Re-Numbered Section 303.2(a)(2): To delete “The 20% opacity exceedance” and to add “Exceedances 

of the opacity limit described in Section 303.1(a) of this rule.” 

Re-Numbered Section 303.2(a)(4): To delete “Maricopa County Environmental Services Department 

Air Quality Division” and to add “Maricopa County Air Quality Department.” 

Re-Numbered Section 303.2(b): To delete “No opacity limitation shall” and to add “The opacity limit 

described in Section 303.1(a) of this rule shall not.” 

Re-Numbered Section 303.2(c): To delete “No opacity limitation shall” and to add “The opacity limit 

described in Section 303.1(a) of this rule shall not.” To add “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.” To add requirement that all areas used to test and validate design integrity, product quality, 

and/or commercial acceptance and all areas not used to test and validate design integrity, product 

quality, and/or commercial acceptance must be stabilized and that vehicle test and development 

facilities may require a Dust Control permit in accordance with Rule 310, Section 302. 

Re-Numbered Section 304: To move Dust Control Plan requirements from standards section to 

administrative requirements section. 

Re-Numbered Section 304.1: To add “Section 304.1(a) or Section 304.1(b) of this rule.” 

Re-Numbered Section 304.2(a): To add “Section 304.2(a)(1) or Section 304.2(a)(2) of this rule.” 

Re-Numbered Section 304.2(b): To add “in Section 304.2(a) of this rule”. To delete “subsection” and 

to add “section of this rule.” To add “and a description of how vehicle speeds will be restricted to no 

more than 15 miles per hour.” 

Re-Numbered Section 304.3: To delete heading “Open Area And Vacant Lot.” To delete “an open area 

and/or vacant lot or.” To delete “1” and to add “one.” To delete “Sections 302.3(a) through 302.3(g)” 

and to add “Section 304.3(a) through 304.3(g).” To delete “a disturbed open area and/or vacant lot or.” 

15
To delete “disturbance” and to add “visibly distinguishable stabilization characteristics.” To delete 

“according to the appropriate test methods in Appendix C of these rules, and include or eliminate it 

from the total size assessment of disturbed surface area(s) depending upon test method results” and to 

add “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.” 

Re-Numbered Section 304.3(a): To delete “visible” and to add “soil.” 

Re-Numbered Section 304.3(g): To delete “of the Environmental Protection Agency (EPA).” 

Re-Numbered Section 304.4: To add “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.” To add 

requirement that all areas used to test and validate design integrity, product quality, and/or commercial 

acceptance and all areas not used to test and validate design integrity, product quality, and/or 

commercial acceptance must be stabilized and that vehicle test and development facilities may require 

a Dust Control permit in accordance with Rule 310, Section 302. 

Re-Numbered Section 305: To add heading “For Dust Generating Operations” and to add “When 

engaged in a dust generating operation, the owner and/or operator shall install, maintain, and use 

control measures, as applicable. 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. Control measures for specific dust generating 

operations are described in Section 305.1 through Section 305.12 of this rule.” To move the general 

requirements for control measures to New Section 301 and to retain in Section 305 requirements 

addressing specific control measures. General requirements for dust generating operations are intended 

to clarify the duties to which an owner and/or operator must comply and to distinguish between control 

measures, stabilization standards, and test methods. To delete Rule 310, Section 308 and to add work 

practices to specific control measures described in re-numbered Section 305. 

Re-Numbered Section 305.1: To delete Table 15 and to add control measures from Table 15 to Rule 

310, Section 305.1. To change heading to “Off-Site Hauling.” To add requirement to install, maintain, 

and use a trackout control device. Normally, scrapers would not be subject to Section 305.1, because 

scrapers are not often utilized to haul or transport bulk material onto a public roadway. If a scraper is 

16
utilized for this purpose, then the compartment of the scraper that is hauling bulk material would need 

to be tarped. “Across the roadway” simply refers to any and all vehicle traffic that goes from one side 

of the roadway to the other side. 

Re-Numbered Section 305.2: To delete Table 13 and Table 14 and to add control measures from Table 

13 and Table 14 to Rule 310, Section 305.2 and Section 305.3. Re-numbered Section 305.2 provides 

for the implementation of one of three control measures - tarping, wetting the load, or limiting vehicle 

speed. Maricopa County has determined that bulk material hauling and transporting does produce 

significant emissions and at least one of the three control measures are needed to control emissions. 

New Section 305.3: To delete Table 13 and Table 14 and to add control measures from Table 13 and 

Table 14 to Rule 310, Section 305.2 and Section 305.3. 

New Section 305.4: To delete Table 11 and to add control measures from Table 11 to Rule 310, 

Section 305.4. 

New Section 305.5: To delete Table 11 and Table 12 and to add control measures from Table 11 and 

Table 12 to Rule 310, Section 305.5. 

New Section 305.6: To add control measures for staging areas, parking areas, material storage areas, 

and/or access routes to and from a site. Proposed control measures address vehicle use and parking on 

sites that require a permit and match Clark County’s Section 94-Permitting And Dust Control For 

Construction Activities. 

New Section 305.7: To delete Table 3 and to add control measures from Table 3 to Rule 310, Section 

305.7. 

New Section 305.8: To delete Table 18 and to add control measures from Table 18 to Rule 310, 

Section 305.8. 

New Section 305.9: To delete Table 9 and to add control measures from Table 9 to Rule 310, Section 

305.9. Pre-watering is intended to control the areas where vehicles and support equipment are 

operating - not necessarily where the actual blasting is occurring. 

New Section 305.10: To delete Table 10 and to add control measures to Rule 310, Section 305.10. 

17
New Section 305.11: To delete Table 5, Table 6, Table 7, and Table 8 and to add control measures 

from Table 5, Table 6, Table 7, and Table 8 to Rule 310, Section 305.11. Section 305.11(c)(4) matches 

Clark County’s Construction Activities Dust Control Handbook. The intent of Section 305.11 is to 

establish a more permanent form of stabilization than water can provide, since the site is complete and 

most likely will not be visited regularly by site personnel. Water, as a control measure, is too 

temporary in these instances. 

New Section 305.12: To delete Table 19 and to add control measures from Table 19 to Rule 310, 

Section 305.12. To change “(electricity, natural gas, oil, water, and gas transmission)” to 

“(transmission of electricity, natural gas, oil, water, and gas).” To change “inside the PM10

nonattainment area and “outside the PM10 nonattainment area” to “inside Area A” and “outside Area 

A.” 

Re-Numbered Section 306: To delete Table 16 and Table 17 and to add control measures from Table 

16 and Table 17 to Rule 310, Section 306. The dimensions of the gravel pad are minimums. If those 

dimensions do not produce a reduction in the trackout as required by Section 306, then the site has 

several options available to it, such as a grizzly, wheel washer, pavement, or extending the length of 

the gravel pad if that’s the site’s choice of action. Requiring extra length is not necessary given the 

other options available to the site. If visible emissions are observed crossing over the property line, 

then the site would be in violation of that standard. Since trackout is already outside the property line, 

the property line standard will have no effect on the standards for trackout. 

Re-Numbered Section 307: To change “visible crust” to “soil crust.” 

Re-Numbered Section 308: To move project information sign requirements from standards section to 

administrative requirements section. Specific information required to be on the project information 

sign matches requirements in Clark County’s Construction Activities Dust Control Handbook adopted 

March 18, 2003. 

New Section 309: To add requirements for dust control training classes to comply with Senate Bill 

1552. Basic Dust Control Training Class can be conducted or approved by the Control Officer. 

Comprehensive Dust Control Training Class can be conducted or approved by the Control Officer. 

Training class to include implementation of control measures and discussion of what opacity is. 

However, formal opacity certification training will not be part of the training class. Opacity 

certification can only be done by the EPA-approved or ADEQ-approved trainers. 

18
New Section 310: To add requirements for a Dust Control Coordinator to comply with Senate Bill 

1552. Basic Dust Control Training Class can be conducted or approved by the Control Officer. 

Comprehensive Dust Control Training Class can be conducted or approved by the Control Officer. 

Section 401: To add requirements for Dust Control permits. 

Section 402: To move elements of a Dust Control Plan from standards section to administrative 

requirements section. 

New Section 403: To move Dust Control Plan revisions from standards section to administrative 

requirements section. To add requirements for Dust Control Plan revisions, if requested by the 

permittee, to match explanation/criteria in Guidance For Application For Dust Control Permit. 

New Section 404: To add Dust Control permit-Block permit requirements from Rule 200. Dust Control 

permit-Bloc permit requirements to be deleted from Rule 200 and to reference Rule 310. 

New Section 405: To add administrative requirements/specifics regarding Dust Control permits and 

Dust Control Plans. 

New Section 406: To add administrative requirements/specifics regarding Dust Control permits and 

Dust Control Plans. 

New Section 407: To add administrative requirements/specifics regarding Dust Control permits and 

Dust Control Plans. 

New Section 408: To add administrative requirements/specifics regarding Dust Control permits and 

Dust Control Plans. 

New Section 409: To clarify the permit posting requirements. 

New Section 410: To clarify the compliance schedule. Compliance schedule in Rule 310 adopted April 

7, 2004 addresses making changes to an earthmoving permit and making changes to a Non-Title V 

permit or a Title V permit. The requirements and/or compliance schedule for making such changes are 

proposed to be addressed in Section 403. Compliance schedule only lists training, because training 

cannot be implemented immediately/ quickly. The other updated provisions of Rule 310 can be readily 

implemented as soon as such provisions are adopted, so no compliance schedule is needed for those 

provisions. 

19
Section 501: To add “the visible emissions requirements in Section 303 of” and “and with the 

stabilization requirements in Section 304 of this rule.” To specify that test methods are for visible 

emissions requirements and stabilization requirements. 

Section 501.1(a): To add “of these rules.” 

Section 501.2(a): To delete “constitutes” and to add “shall constitute.” To delete “1” and to add “one.” 

Section 501.2(b): To delete “1” and to add “one.” To delete “constitutes” and to add “shall constitute.” 

Section 501.2(c): To delete “Open Area And Vacant Lot”. To delete “subsection” and to add 

“Section.” To delete “subsection 302.2” and to add “Section 304.3.” “Open area and vacant lot” is used 

in Rule 310.01-Fugitive Dust From Non-Traditional Sources Of Fugitive Dust. 

Section 501.2(c)(1): To delete “visible” and to add “soil.” To delete “/Steel Ball.” 

Section 501.2(c)(7): To add “and equivalent” and to delete “of the EPA.” 

Section 502.1: To clarify when written records must be kept and what written records must be kept. 

Proposed text matches Clark County’s Section 94-Permitting And Dust Control For Construction 

Activities. 

Section 502.3: To delete “within” and to add “as soon as possible but no later than.” 

Section 503: To clarify who must maintain records and for how long. 

Section 504: To delete “Maricopa County Environmental Services Department” and to add “Maricopa 

County Air Quality Department.” 

Section 504.1: To delete “C136-96A” and to add “C136-06”. To delete “1996” and to add “2006.” 

Section 504.2: To delete “D2216-98” and to add “D2216-05.” To delete “1998” and to add “2005.” 

Section 504.3: To delete “D1557-91(1998)” and to add “D1557-02e1”. To delete “1998” and to add 

“2002.” 

20
Rule 310.01-Fugitive Dust From Open Areas, Vacant Lots, Unpaved Parking Lots, And Unpaved 

Roadways: 

Rule Title: To change “Fugitive Dust From Open Areas, Vacant Lots, Unpaved Parking Lots, And 

Unpaved Roadways” to “Fugitive Dust From Non-Traditional Sources Of Fugitive Dust.” 

Section 101: To delete “To limit the emission of particulate matter into the ambient air from open 

areas, vacant lots, unpaved parking lots, and unpaved roadways which are not regulated by Rule 310-

Fugitive Dust of these rules, and which do not require a permit nor a Dust Control Plan. The effect of 

this rule shall be to fine particulate matter (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” and to add “To minimize the amount of fugitive dust entrained into the ambient air from 

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

dust emissions.” To clarify the purpose of Rule 310.01. To introduce/use the term “non-traditional 

sources of fugitive dust”, in order to identify the types of activities that Rule 310.01 is intended to 

regulate. Using the term “non-traditional sources of fugitive dust” will reflect that Rule 310.01 

regulates more than open areas, vacant lots, unpaved parking lots, and unpaved roadways. 

Section 102: To delete “The provisions of this rule shall apply to open areas, vacant lots, unpaved 

parking lots, and unpaved roadways which are not regulated by Rule 310-Fugitive Dust of these rules 

and which do not require a permit nor a Dust Control Plan. In addition, 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 § 42-12152. 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” and to add “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.” To clarify the 

applicability of Rule 310.01. To introduce/use the term “non-traditional sources of fugitive dust”, in 

order to identify the types of activities that Rule 310.01 is intended to regulate. Using the term “nontraditional sources of fugitive dust” will reflect that Rule 310.01 regulates more than open areas, 

vacant lots, unpaved parking lots, and unpaved roadways. 

New Section 103: To change format. To add 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. 

21
103.2 The provisions of this rule shall not apply to dust generating operations that are subject to the 

standards and/or requirements described in Rule 310-Fugitive Dust From Dust Generating Operations 

of these rules. 

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

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

utilities to functional status.” 

103.4 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. To move 

this provision from re-numbered Section 207. 

103.5 Establishing 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. This provision relates-to new Section 208. 

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. To move 

this provision from re-numbered Section 213. 

103.7 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. To 

move this provision from re-numbered Section 221. 

103.8 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. To move this provision 

from re-numbered Section 231. 

New Section 201: To add “Animal Waste - Any animal excretions and mixtures containing animal 

excretions.” Definition matches definition used in San Joaquin’s Rule 4570-Confined Animal 

Facilities. 

New Section 202: To add “Area A - As defined in A.R.S. § 49-541(1), the area in Maricopa County 

delineated as follows: Township 8 North, Range 2 East and Range 3 East; Township 7 North, Range 2 

West through Range 5 East; Township 6 North, Range 5 West through Range 6 East; Township 5 

North, Range 5 West through Range 7 East; Township 4 North, Range 5 West through Range 8 East; 

Township 3 North, Range 5 West through Range 8 East; Township 2 North, Range 5 West through 

Range 8 East; Township 1 North, Range 5 West through Range 7 East; Township 1 South, Range 5 

22
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.” 

New Section 203: To add “Area Accessible To The Public - Any parking lot or public roadway that is 

accessible to public travel primarily for purposes unrelated to the dust generating operation.” 

Definition matches definition in Rule 310. 

Re-Numbered Section 204: To change format of definition of bulk material and to list only once 

materials that are listed twice (i.e., earth and soil). 

Section 206: To delete “Feedlots And/Or Livestock Areas - Any area on which an operation directly 

related to feeding animals, displaying animals, racing animals, exercising animals, and/or for any other 

such activity exists. To use and define the term “livestock operations.” 

Re-Numbered Section 207: To delete “(or material placed thereupon) which” and to add “or material 

placed on the earth’s surface that”. To delete “thereby increasing the potential for the emission of 

fugitive dust” and to add “if the potential for the emission of fugitive dust is increased by the 

movement, destabilization, or modification.” To move “For the purpose of this rule, 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 300 of this rule” to 

New Section 103.4. To match definition of disturbed surface area to definition of disturbed surface 

area in Senate Bill 1552. Senate Bill 1552 reads, in part, as follows: A.R.S. § 49-474.01(A)(11) In a 

county with a population of two million or more persons or any portion of a county within an area 

designated by the Environmental Protection Agency as a serious PM10 nonattainment area or a 

maintenance area that was designated as a serious PM10 nonattainment area, no later than March 31, 

2008, adopt rule provisions, and, no later than October 1, 2008, commence enforcement of those rule 

provisions regarding the stabilization of disturbed surfaces of vacant lots that include the following: 

“Disturbed surface” means 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. Vacant lots do not include any site of disturbed surface area that is 

subject to a permit issued by the Control Officer that requires control of PM10 emissions from dust 

generating operations.” 

New Section 208: To add “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 

23
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.” Definition 

matches definition in Rule 310. New Section 208 relates-to new Section 103.5. 

New Section 210: To add “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 technology-based 

emission limitation under the permit, 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.” 

New Section 211: To add “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.” 

New Section 212: To add “Feed Lane Access Areas - Roads providing access from the feed 

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

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

Re-Numbered Section 213: To move “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” to New Section 103.6. 

New Section 214: To add “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 area accessible 

to the public and a work site entrance 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 

24
feet wide by 3 inches deep, and, at minimum, 50 feet long or the length of the longest haul truck, 

whichever is greater.” Definition matches definition used in Rule 310. 

New Section 215: To add “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.” Definition matches definition used in Rule 310. 

New Section 216: To add “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.” Definition matches definition used in 

South Coast’s Rule 1186-PM10 Emissions From Paved And Unpaved Roads And Livestock 

Operations. 

New Section 218: To add “Non-Traditional Source Of Fugitive Dust - A source of fugitive dust that is 

located at a source that does not require any permit under these rules. The following non-traditional 

sources of fugitive dust are subject to the standards and/or requirements described in Rule 310.01-

Fugitive Dust From Non-Traditional Sources Of Fugitive Dust of these rules: 218.1 Vehicle use in 

open areas and vacant lots; 218.2 Open areas and vacant lots; 218.3 Unpaved parking lots; 218.4 

Unpaved roadways (including alleys); 218.5 Livestock activities; 218.6 Erosion-caused deposition of 

bulk materials onto paved surfaces; 218.7 Easements, rights-of-way, and access roads for utilities 

(electricity, natural gas, oil, water, and gas transmission).” To introduce/use the term “non-traditional 

sources of fugitive dust”, in order to identify the types of activities that Rule 310.01 is intended to 

regulate. Using the term “non-traditional sources of fugitive dust” will reflect that Rule 310.01 

regulates more than open areas, vacant lots, unpaved parking lots, and unpaved roadways. 

Re-Numbered Section 221: To delete “Section 211.1” and to add “Section 221.1.” To delete “Section 

211.4” and to add “Section 221.3.” To move “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” to New Section 103.7. To delete 

“adjoining a developed or partially developed residential, industrial, institutional, governmental, or 

commercial area.” To delete “A tract of land, in the PM10 nonattainment area, adjoining agricultural 

property.” 

New Section 225: To add “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 

25
boundaries dividing the areas of all sub-tenancies.” Definition matches definition used in South 

Coast’s Rule 403-Fugitive Dust. 

New Section 227: To add “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 area accessible to the public.” Definition matches definition 

used in Rule 310. 

New Section 228: To add “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 area accessible to the 

public that controls or prevents vehicular trackout.” Definition matches definition used in Rule 310. 

New Section 229: To add “Unpaved Access Connections - Any unpaved road connection with a paved 

pubic road.” Definition matches definition used in South Coast’s Rule 1186-PM10 Emissions From 

Paved And Unpaved Roads And Livestock Operations. 

Re-Numbered Section 230: To delete “larger than 5,000 square feet” and to add “material handling”, 

“and equipment”, and “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, maneuvering shall not include military maneuvers or 

exercises conducted on federal facilities.” To change definition of “unpaved parking lot” to match 

Clark County’s definition of “unpaved parking lot” in Section 92-Fugitive Dust From Unpaved 

Parking Lots; Material Handling And Storage Yards; And Vehicle And Equipment Storage Yards. 

Re-Numbered Section 231: To move “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” to New Section 103.8. To add “An unpaved roadway (including 

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

composition.” 

Re-Numbered Section 232: To delete “Section 211” and to add “Section 220.” 

New Section 301: To add “General Requirements For Non-Traditional Sources Of Fugitive Dust: 

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

standards and/or requirements described in this rule. Failure to comply with any such standards and/or 

requirements is deemed a violation of this rule. 301.2 When an owner and/or operator of a nontraditional source of fugitive dust fails to stabilize disturbed surfaces of vacant lots as required in 

26
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 nontraditional 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.” To clarify the 

standards to which an owner and/or operator is subject. To match Clark County’s Section 94-

Permitting And Dust Control For Construction Activities and Senate Bill 1552. Senate Bill 1552 reads, 

in part, as follows: A.R.S. § 49-474.01(A)(11) In a county with a population of two million or more 

persons or any portion of a county within an area designated by the Environmental Protection Agency 

as a serious PM10 nonattainment area or a maintenance area that was designated as a serious PM10

nonattainment area, no later than March 31, 2008, adopt rule provisions, and, no later than October 1, 

2008, commence enforcement of those rule provisions regarding the stabilization of disturbed surfaces 

of vacant lots that include the following: “Disturbed surface” means 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. Vacant lots do not include any site 

of disturbed surface area that is subject to a permit issued by the Control Officer that requires control 

of PM10 emissions from dust generating operations. (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 for the county to 

enter the lot to stabilize the disturbed surface at the expense of the owner if the vacant lot has not been 

stabilized by the day set for compliance. (c) Methods for stabilization of the disturbed surface of the 

27
vacant lot, the actual cost of stabilization, and the fine that may be imposed for a violation of this 

section. 

New Section 302: To add “Control Measures For Non-Traditional Sources Of Fugitive Dust.” To 

clarify the standards for control measures to which an owner and/or operator is subject. 

New Section 302.1: To add “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.” 

New Section 302.2: To add “Control measures shall be implemented to achieve the visible emissions 

requirements, as required for each activity and the compliance determination in Section 501 of this 

rule.” 

New Section 302.3: To add “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.” 

Re-Numbered Section 302.4: To change format. To add visible emissions requirements. To describe 

stabilization limitations in Section 501. To change “If open areas and vacant lots are 0.10 acre or larger 

and have a cumulative of 500 square feet or more that are driven over and/or used by motor vehicles 

and/or off-road vehicles, then the owner and/or operator of such open areas and vacant lots shall 

implement one of the control measures described in Section 301.1 of this rule within 60 calendar days 

following the initial discovery of vehicle use on open areas and vacant lots” to “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.” To add posting provisions 

as a control measure for preventing motor vehicle and/or off-road vehicle trespassing, parking, and/or 

access: “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.” 

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Re-Numbered Section 302.5: To change format. To add visible emissions requirements. To describe 

stabilization limitations in Section 501. 

Re-Numbered Section 302.5(c)(1): To change “If open areas and vacant lots have 0.5 acre or more of 

disturbed surface area and remain unoccupied, unused, vacant, or undeveloped for more than 15 days, 

then the owner and/or operator of such open areas and vacant lots shall implement one of the control 

measures described in Section 302.1 of this rule within 60 calendar days following the initial discovery 

of the disturbance on the open areas and vacant lots” to “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.” The specifications (i.e., acreage and square footage 

dimensions) for when an area would have-to comply with Section 302.5-Open Areas And Vacant Lots 

are to be revised to match the specifications (i.e., acreage and square footage dimensions) for when an 

area would have-to comply with Section 302.4-Vehicle Use In Open Areas And Vacant Lots, since 

both sections address open areas and vacant lots. 

Re-Numbered Section 302.6: To change format. To add visible emissions requirements. To describe 

stabilization limitations in Section 501. To add trackout control device requirement and water as 

control measures. To add control measures for cleaning-up trackout. 

Re-Numbered Section 302.6(c)(1): To change “The owner and/or operator of an unpaved parking lot 

shall implement one of the control measures described in Section 303.1 of this rule on any surface 

area(s) of the lot on which vehicles enter, park, and exit. For unpaved parking lots that are utilized 

intermittently, for a period of 35 days or less during the calendar year, the owner and/or operator shall 

implement one of the control measures described in Section 303.1 of this rule, during the period that 

the unpaved parking lots are utilized for vehicle parking” to “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 [(i.e., 

pave; 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; uniformly apply and maintain surface gravel; 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.)] 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 

29
and/or operator shall implement one or more of the control measures described in Section 302.6(b) of 

this rule [(i.e., pave; 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; uniformly apply and maintain surface 

gravel; 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)] 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 [(i.e., pave; 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; or uniformly apply and maintain surface gravel)] 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.” 

Re-Numbered Section 302.6(c)(3): To add “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.” 

Re-Numbered Section 302.6(c)(4): To add “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.” To match Senate Bill 1552. Senate Bill 1552 reads, in part, as follows: A.R.S. § 49-

474.01(A)(5) In a county with a population of two million or more persons or any portion of a county 

in an area designated by the Environmental Protection Agency as a serious PM10 nonattainment area or 

a maintenance area that was designated as a serious PM10 nonattainment area, no later than March 31, 

2008, adopt or amend codes or ordinances and, no later than October 1, 2008, commence enforcement 

of those codes or ordinances as necessary to require that parking, maneuvering, ingress, and egress 

areas at developments other than residential buildings with four or fewer units are 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 by the county. 

30
Re-Numbered Section 302.6(c)(5): To add “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.” To match 

Senate Bill 1552. Senate Bill 1552 reads, in part, as follows: A.R.S. § 49-474.01(A)(6) In a county 

with a population of two million or more persons or any portion of a county in an area designated by 

the Environmental Protection Agency as a serious PM10 nonattainment area or a maintenance area that 

was designated as a serious PM10 nonattainment area, no later than March 31, 2008, adopt or amend 

codes or ordinances and, no later than October 1, 2009, commence enforcement of those codes or 

ordinances as necessary to require that parking, maneuvering, ingress, and egress areas 3,000 square 

feet or more in size at residential buildings with four or fewer units are maintained with a paving or 

stabilization method authorized by the county by code, ordinance, or permit. 

Re-Numbered Section 302.7: To change format. To describe stabilization limitations in Section 501. 

To add requirement to conduct vehicle counts/traffic counts. 

New Section 302.7(c)(2): To add “A person, who allows 150 vehicle trips or more per day to use 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). Two separate 24-hour traffic counts shall be conducted. 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.” 

New Section 302.7(c)(3)(b): Control measure(s) shall be considered effectively implemented under the 

following conditions: (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.” 

Re-Numbered Section 302.8: To change format. To add visible emissions requirements. To describe 

stabilization limitations in Section 501. To add control measures for cleaning-up trackout. To change 

“feedlots and/or livestock areas” to “livestock activities.” 

New Section 302.8(b): To add “Control Measures: (1) For unpaved access connections: (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. (2) For unpaved feed lane access areas: (a) Apply and 

31
maintain dust suppressants other than water; or (b) Apply and maintain pavement, gravel (maintained 

to a depth of four inches), or asphaltic roadbase. (3) For bulk material hauling, including animal waste, 

off-site and crossing and/or accessing a paved 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) For corrals, pens, and arenas: (a) Apply water; or (b) Install shrubs 

and/or trees within 50 feet to 100 feet of corrals, pens, and arenas.” 

New Section 302.8(c)(3): To add “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.” 

Re-Numbered Section 302.9: To change format. 

Re-Numbered Section 302.9(b): To delete “Opacity Limitation: For the purpose of this rule, control 

measures shall be considered effectively implemented when opacity observations for fugitive dust 

emissions from erosion-caused deposition of bulk materials onto paved surfaces do not exceed 20% 

opacity, as described in Appendix C, Section 2.1 (Test Methods For Stabilization-For Unpaved Roads 

And Unpaved Parking Lots) of these rules” and to add “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.” 

Re-Numbered Section 302.10: To change format. To add requirement to conduct vehicle counts/traffic 

counts. To add control measure “install locked gates at each entry point”. To describe stabilization 

limitations in Section 501. To change heading “Easements, Rights-Of-Way, And Access Roads For 

Utilities (Electricity, Natural Gas, Oil, Water, And Gas Transmission)” to “Easements, Rights-OfWay, And Access Roads For Utilities (Transmission Of Electricity, Natural Gas, Oil, Water, And 

Gas).” To change “If an owner and/or operator allows 150 vehicles or more per day to use an 

easement, right-of-way, and access road for utilities (electricity, natural gas, oil, water, and gas 

transmission) in the PM10 nonattainment area, then such owner and/or operator shall first implement 

32
one of the control measures described in Section 307.1 of this rule” to “The owner and/or operator of a 

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

utilities (transmission of electricity, natural gas, oil, water, and gas) that are used by 130 vehicle trips 

or more per day in Area A 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.” 

Re-Numbered Section 302.10(b)(2): To change “Apply dust suppressants, in compliance with the 

stabilization and opacity limitations described in Section 307.2 of this rule” to “Control Measures: (2) 

Apply dust suppressants other than water.” 

New Section 302.10(b)(4): To add “Control Measures: (4) Install locked gates at each entry point.” 

Re-Numbered Section 302.10(c): To change “For the purpose of this rule, control measures shall be 

considered effectively implemented when stabilization and opacity observations for fugitive dust 

emissions from easements, rights-of-way, and access roads for utilities (electricity, natural gas, oil, 

water, and gas transmission) do not exceed 20% opacity and meet one of the following, as determined 

by Appendix C, Section 2.1 (Test Methods For Stabilization-For Unpaved Roads And Unpaved 

Parking Lots) of these rules: a. Silt loading is not equal to or greater than 0.33 oz/ft2

; or b. Silt content 

does not exceed 6%” to “Additional Requirements: (1) If an owner and/or operator allows 130 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 Area A, 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 130 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 Area A, shall be responsible for 

conducting vehicle counts/traffic counts to determine if 130 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. (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 

described in Section 501 of this rule.” 

Section 501: To add opacity observations. To change title of test method referenced in Appendix C, 

Section 2.3 to “Test Methods For Stabilization-Soil Crust Determination -The Drop Ball Test. To 

match Clark County’s Section 94-Permitting And Dust Control For Construction Activities. To delete 

33
“Stabilization Observations” and to add “Compliance Determination: To determine compliance with 

this rule, the following test methods shall be followed.” 

New Section 501.1: To add “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 302.4, 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.” 

Re-Numbered Section 501.3(a): To delete “visible” and to add “soil.” To delete “/Steel Ball.” 

Section 502: To delete “within” and to add “as soon as possible but no later than.” 

Section 503: To delete “one year” and to add “two years.” 

Appendix C-Fugitive Dust Test Methods: 

Section 2.2: To delete “and include or eliminate it from the total size assessment of disturbed surface 

area(s) depending upon test method results.” 

Section 2.3: To change heading “Visible Crust Determination” to “Soil Crust Determination (The Drop 

Ball Test).” 

Section 2.3.1: To delete “where a visible crust exists, drop” and to add “drop”. To add “(0.56-0.60 

ounce).” To delete “30 centimeters (one foot)” and to add “one-foot.” To delete “visible crust test 

method” and to add “Drop Ball Test.” To add “or project site”. To delete “which” and to add “that.” To 

delete “vacant lot.” To add “Determination Of Threshold Friction Velocity (TFV).” 

Section 2.3.3: To add “Randomly select each representative disturbed surface for the Drop Ball Test by 

using a blind “over the shoulder” toss of a throwable object (e.g., a metal weight with survey tape 

attached). Using the point of fall as the lower left-hand corner, measure a one-foot square area.” To 

delete “a survey area that measures 1 foot by 1 foot and that represents a random portion of the overall 

disturbed conditions of the site” and to add “the one-foot by one-foot square survey area, using a 

consistent pattern across the survey area.” To delete “Visible Crust Determination” and to add “Drop 

Ball Test.” 

34
Section 2.3.4: To delete “visible crust test” and to add “Drop Ball Test.” To delete “random.” To add 

“using the random selection method set forth in subsection 2.3.3 of this appendix.” 

Section 3: To change heading “Time Average Methods Of Visual Opacity Determination Of Emissions 

From Dust Generating Operations” to “Visual Opacity Determination Of Emissions From Dust 

Generating Operations.” 

Section 3.1: To delete “A time average regulation is any regulation that requires averaging visible 

emission data to determine the opacity of visible emissions over a specific time period.” 

Section 3.3.1: To delete “Procedures For Emissions From Stationary Sources. These procedures are not 

applicable to this section.” 

Re-Numbered Section 3.3.1(f): To delete “with the opacity standard described in Rule 310 of these 

rules.” 

Re-Numbered Section 3.3.2(g)”: To delete “with the opacity standard described in Rule 310 of these 

rules.” 

Section 4: To add heading “Visual Opacity Determination Of Emissions From Livestock ActivitiesCorrals, Pens, And Arenas.” 

Section 4.1: To add “Applicability. This method is applicable for the determination of opacity of 

fugitive dust plumes from livestock activities-corrals, pens, and arenas.” 

Section 4.2: To add “Principle. The opacity of emissions from livestock activities-corrals, pens, and 

arenas is determined visually by an observer qualified according to Section 3.4 of this appendix.” 

Section 4.3: To add “Procedures. An observer qualified, in accordance with Section 3.4 of this 

appendix, shall use the following procedures for visually determining the opacity of emissions:” 

Section 4.3.1: To add: “Position. Stand at a position at least 5 meters from the livestock activitiescorrals, pens, and arenas in order to provide a clear view of the emissions with the sun oriented in the 

140° sector to the back. Consistent as much as possible with maintaining the above requirements, make 

opacity observations from a position such that the line of sight is approximately perpendicular to the 

35
plume and wind direction. As much as possible, if multiple plumes are involved, do not include more 

than one plume in the line of sight at one time.” 

Section 4.3.2: To add “Field Records. Record the name of the site, method of control used, if any, 

observer's name, certification data and affiliation, and a sketch of the observer's position relative to the 

livestock activity-corrals, pens, and arenas. Also, record the time, estimated distance to the livestock 

activity-corrals, pens, and arenas location, approximate wind direction, estimated wind speed, 

description of the sky condition (presence and color of clouds), observer's position relative to the 

livestock activity-corrals, pens, and arenas, and color of the plume and type of background on the 

visible emission observation from when opacity readings are initiated and completed.” 

Section 4.3.3: To add “Observations. Make opacity observations, to the extent possible, using a 

contrasting background. For storage piles, make opacity observations approximately 1 meter above the 

surface from which the plume is generated. The initial observation should begin immediately after a 

plume has been created above the surface involved. Do not look continuously at the plume, but instead 

observe the plume momentarily at 15-second intervals.” 

Section 4.3.4: To add “Recording Observations. Record the opacity observations to the nearest 5% 

every 15 seconds on an observational record sheet. If a multiple plume exists at the time of an 

observation, do not record an opacity reading. Mark an “x” for that reading. If the livestock activitycorrals, pens, and arenas ceases operating, mark an “x” for the 15-second interval reading. Readings 

identified as “x” shall be considered interrupted readings.” 

Section 4.3.5: To add “Data Reduction. Within any 60-minute period, count at least three minutes that 

are greater than 20% opacity. If at least 13 readings are greater than 20% opacity, the livestock 

activity-corrals, pens, and arenas is not in compliance. Readings immediately preceding and following 

interrupted readings shall be deemed consecutive and in no case shall two sets overlap, resulting in 

multiple violations.” 

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 the Arizona Department of Environmental Quality (ADEQ) for similar 

sources unless it demonstrates compliance with the requirements of A.R.S. § 49-112. 

A.R.S. § 49-112 (A) 

36
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 County is proposing to revise Rules 200, 310, 310.01 and Appendix C in order to address a 

peculiar local condition: EPA’s finding that the Phoenix Nonattainment Area did not attain the 24-hour 

PM10 standard by the deadline mandated in the Clean Air Act (CAA), December 31, 2006. (72 FR 

31183, June 6, 2007). 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. Under Section 189(d) of the CAA, serious PM10 nonattainment areas that fail to 

attain are required to submit within 12 months of the applicable attainment date, “plan revisions which 

provide for attainment of the PM10 air quality standard and, from the date of such submission until 

attainment, for an annual reduction in PM10 or PM10 precursor emissions within the area of not less 

than 5 percent of the amount of such emissions as reported in the most recent inventory prepared for 

such area.” In accordance with the CAA section 179(d)(3), the attainment deadline applicable to an 

area that misses the serious area attainment date is as soon as practicable. The region needs to submit 

to a Five Percent Plan for PM10 by December 31, 2007. 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. Because of this, the revision complies with A.R.S. § 49-112 (A)(1) and A.R.S. § 49-112 (A) 

(2). 

In addition, several of the proposed revisions are required to by A.R.S. § 49-474.01(A)(5, 6 and 11), 

49-474.05 and 49-474.06 recently enacted in Senate Bill 1552. Therefore, a demonstration of 

compliance with A.R.S. § 49-112 as required by the County’s general grant of rulemaking and 

ordinance authority in A.R.S. § 49-479 does not apply to those proposed rule provisions. 

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:

37
ADEQ, 2004. “Summary of economic, small business, and consumer impact”. Contained in: Notice of 

Final Rulemaking, Maricopa County Rule 325: Brick and Structural Clay Products (BSCP) 

Manufacturing. Arizona Administrative Register, Vol. 11, Issue 37, Sep. 9, 2005. 

ADHS, 2002. Arizona Department of Health Services, Asthma Control Program, Office of Nutrition 

and Chronic Disease Prevention Services, Phoenix, AZ: Oct. 2002. 

American Lung Association, 2003. Trends in Chronic Bronchitis and Emphysema: Morbidity and 

Mortality. Epidemiology and Statistics Unit, Research and Scientific Affairs, Washington, DC: March 

2003. 

Sierra Research, Inc., 2007. Analysis of Particulate Control Measure Cost Effectiveness. Document 

prepared for Maricopa Association of Governments, Phoenix AZ: April 2007. 

STAPPA/ALAPCO, 1996. Controlling Particulate Matter Under the Clean Air Act: A Menu of 

Options. 

State and Territorial Air Pollution Program Administrators (STAPPA) and the Association of Local 

Air Pollution Control Officials (ALAPCO), Washington, DC: July 1996. 

U.S. EPA, 1999a. “Human Health Effects of Criteria Pollutants.” Chapter 5 in The Benefits and Costs 

of the Clean Air Act 1990 to 2010, Report to Congress, Washington, DC: Nov.1999. 

U.S. EPA, 1999b. “Economic Valuation of Human Health Effects.” Chapter 6 in The Benefits and 

Costs of the Clean Air Act 1990 to 2010, Report to Congress, Washington, DC: Nov.1999. 

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 Summary 

The Maricopa County Air Quality Department (MCAQD) is proposing revisions to Rule 200, Rule 

310, Rule 310.01, and Appendix C. As required by A.R.S. § 41-1055, this economic, small business 

and consumer impact statement includes a discussion of the persons most likely to be impacted by the 

proposed rules, along with a cost-benefit analysis of the proposed rules’ probable impact on MCAQD 

as the implementing agency and other public agencies, other political subdivisions of the state, and 

businesses affected by the proposed rulemaking. Where data are unavailable or highly uncertain, this 

statement discusses the limitations of the data, the methods used to develop qualitative and/or 

quantitative estimates, and attempts to characterize all probable impacts in qualitative terms. 

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

consumer impact statement, please contact: 

38
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 

9.2 Identification of the proposed rule making 

Each proposed change to these rules are described in detail under Item 5 above. While some changes 

are primarily administrative in nature, or designed to clarify existing County air quality rules, a subset 

of the proposed rule changes have been deemed to have potentially significant economic impacts, and 

are thus explicitly addressed in this Economic Impact Statement (EIS). These rule changes, and the 

relevant sections, include: 

• Subcontractor Registration: Rule 200, § 306 

• Unpaved Parking Lots: Rule 310, § 233 and Rule 310.01, § 230 

• Visible Emissions Beyond Property Line: 

− Dust Generating Operations: Rule 310, § 303 

− Vehicle Use in Open Areas and Vacant Lots: Rule 310.01, § 302.4 

− Open Areas and Vacant Lots: Rule 310.01, § 302.5 

− Unpaved Parking Lots: Rule 310.01, § 302.6 

− Livestock Activities: Rule 310.01, § 302.8 

• Cumulative Trackout Limit of 25 Feet: 

− Dust Generating Operations: Rule 310, § 306 

− Unpaved Parking Lots: Rule 310.01, § 302.6 

− Livestock Activities: Rule 310.01, § 302.8 

• Dust Control Training Classes 

− Basic: Rule 310, § 309.1 

− Comprehensive: Rule 310, § 309.2 

• Unpaved Roadways: Rule 310.01, § 302.7 

• Trackout Control Devices: 

− Unpaved Parking Lots: Rule 310.01, § 302.6 

− Livestock Activities: Rule 310.01, § 302.8 

• Control Measure Options for Easements and Rights of Way: Rule 310.01, § 302.10 

• Visible Emission Limits for Livestock Activities: Rule 310.01, §302.8 

9.3 Entities Expected to Be Affected by, Bear the Costs of, or Directly Benefit from the Proposed 

Rule Making 

39
Rule 200, § 306: Subcontractor Registration: It is estimated that up to 10,000 subcontractors would be 

subject to the proposed registration requirement. This figure includes those individuals and entities 

involved in performing ancillary services (including but not limited to: site foremen/supervisors, 

superintendents, truck drivers, initial grading, excavation, pouring concrete/footings, landscapers, 

utility installation, framers, drywall installation, electricians, swimming pool installers, et al.) that 

perform work on a permitted site. In addition, MCAQD, as the implementing agency, will incur costs 

for the for the design, implementation, and administration of this program. 

Rule 310, § 233 and Rule 310.01, § 230: Unpaved Parking Lots: With the elimination of the 5000-

square-foot size criterion under these rules, all owners of unpaved parking lots of any size would be 

required to meet the requirements of the proposed rules. 

Rule 310, § 303 and Rule 310.01, §§ 302.4, 302.5, 302.6, and 302.8: Visible Emissions Beyond 

Property Line: Owners of unpaved parking lots, open areas, vacant lots, and areas containing livestock 

activities will bear the costs of implementing required control measures required to prevent no visible 

emissions beyond the property line. 

Rule 310, § 306 and Rule 310.01, §§ 302.6 and 302.8: Cumulative Trackout Limit of 25 Feet: Owners 

of unpaved parking lots and areas containing livestock activities will bear the costs of monitoring, 

implementing immediate clean-up measures, and repairing/replacing control measures when trackout 

extends a cumulative distance of 25 linear feet or more. 

Rule 310, §§ 309.1 and 309.2: Basic and Comprehensive Dust Control Training Classes: Those 

entities (individuals, corporations, or other organizations) currently required to obtain a dust control 

permit for earthmoving activities within Maricopa County are the groups that would be directly 

affected by the proposed introduction of a requirement to attend a basic or comprehensive dust control 

class. In addition, the implementing agency (MCAQD) will be responsible for the design, 

implementation, and administration of this program. 

Rule 310.01, § 302.7: Unpaved Roadways: Owners of a non-traditional source of fugitive dust that 

involves unpaved roadways will bear the cost of conducting and documenting vehicle/traffic counts 

and ensuring that the unpaved roadways are used for less than 150 vehicle trips per day. 

Rule 310.01, §§ 302.6 and 302.8: Trackout Control Devices: Owners of unpaved parking lots and 

livestock activities will bear the cost of installing trackout control devices as an optional control 

measure to comply with the requirements of the proposed rules. 

40
Rule 310.01, § 302.10: Control Measure Options for Easements and Rights of Way: Owners of 

easements, right-of-way, and access roads for utilities who choose to install locked gates as a control 

measure option will bear the costs associated with this option. 

Rule 310.01, § 302.8: Visible Emission Limits for Livestock Activities: There should be no significant 

additional costs associated with the use of the aggregate number of 15-second observations which 

exceed the 20 percent opacity standard. 

9.4 Cost-benefit analysis 

9.4.1 The probable costs and benefits to the implementing agency and other agencies directly 

affected by the implementation and enforcement of the proposed rule making 

Rule 200, § 306: Subcontractor Registration: The Maricopa County Air Quality Department will 

require four additional permit technicians to administer the subcontractor registration program. The 

direct annual costs associated with four additional permit technicians, as well as database maintenance 

personnel are estimated to be $232,000. Annual costs of administering the program (including database 

development and maintenance, consumables, etc.) are estimated to be $88,000. Total agency costs, 

including the allotment of overhead costs (for administrative, financial, cashiering personnel etc.) are 

estimated at $444,500. 

Rule 310, § 233 and Rule 310.01, § 230: Unpaved Parking Lots: The elimination of the 5000-squarefoot size criterion will not have a direct impact on the MCAQD workload associated with inspections 

of unpaved parking lots. MCAQD committed to begin proactive inspections of unpaved parking lots 

because this was on the list of suggested county-implemented measures (MAG measure 31) to reduce 

PM10 emissions. As a result, the Maricopa County Air Quality Department committed to conduct 

proactive and complaint-based inspections of existing parking lots located within unincorporated areas 

of Maricopa County. The department will hire four dust control vacant lot compliance inspectors to 

conduct proactive and complaint-based inspection of parking lots within the unincorporated areas. The 

annual costs associated with four additional dust control vacant lot inspectors are estimated to be 

$255,000. One-time costs are estimated to be $82,000. The Maricopa County Planning and 

Development Department also estimated that five drainage plan reviewers will be required to perform 

drainage reviews of parcels requiring dustproof paving. Annual costs associated with five additional 

drainage plan reviewer are estimated at an annual cost of $378,000, and one-time costs are estimated to 

be $93,000. 

Rule 310, § 303 and Rule 310.01, §§ 302.4, 302.5, 302.6, and 302.8: Visible Emissions Beyond 

Property Line: A workload analysis was conducted by the MCAQD Planning and Analysis Division 

41
and it was determined that dust inspection labor time will not appreciably increase from the additional 

requirement that no visible emissions be allowed beyond the property line. Based on this analysis, the 

proposed rule change should yield no additional costs for MCAQD or any other agency. 

Rule 310, § 306 and Rule 310.01, §§ 302.6 and 302.8: Cumulative Trackout Limit of 25 Feet: Since 

the existing rules already contain immediate clean-up and control measure replacement/repair 

requirements for a cumulative trackout distance criterion of 50 feet, there should not be any cost 

increases to MCAQD or any other agency in association with the decrease in cumulative distance 

criteria to 25 feet. 

Rule 310, § 309.1 and 309.2: Basic and Comprehensive Dust Control Training Classes: Maricopa 

County will hire four additional FTEs to coordinate and conduct dust control training. Annual costs 

associated with the four additional FTEs, database maintenance, training materials, and room rental are 

estimated to be $382,000. One-time costs are estimated to be $460,000 for database development, 

equipment costs, and training materials. 

Rule 310.01, § 302.7: Unpaved Roadways: The current rules for unpaved roads already have 

provisions for required implementation of control measures based on the threshold criterion of 150 

vehicles per day. The proposed rule reduces the unpaved road use criterion to 130 vehicles or more per 

day and requires formal, documented traffic counts. There should be minimal additional cost to 

Maricopa County to ensure that required traffic counts are conducted and properly documented for 

applicable unpaved roadways. Compliance with the proposed rule change can be assured by MCAQD 

during the normal dust inspection process. There should be no additional costs to any other agencies 

associated with this proposed rule change. 

Rule 310.01, §§ 302.6 and 302.8: Trackout Control Devices: The addition of a trackout control device 

as a possible control measure to ensure compliance with all visible emissions requirements under these 

rules should not yield increased cost for Maricopa County or any other agencies. 

Rule 310.01, § 302.10: Control Measure Options for Easements and Rights of Way: The addition of 

the control measure option to install locked gates at entry points under this rule should not yield any 

increased costs to MCAQD or any other agencies. 

Rule 310.01, § 302.8 Visible Emission Limits for Livestock Activities: There should be no additional 

cost to MCAQD or any other agency in association with the use of the aggregate number of 15-second 

observations which exceed the 20 percent opacity standard. 

42
9.4.2 Probable costs and benefits to other political subdivisions of the state 

It is assumed that the only potential impact on other agencies and other political subdivisions of the 

state would be in a limited number of instances where these entities are themselves permit holders for 

activities regulated under the proposed rule(s). As this occurs rather infrequently and these permits 

comprise only a small fraction of all regulated activity under the proposed rule(s), it is anticipated that 

compliance with the proposed rules will impose no significant economic impact on any other agency 

or political subdivision of the state. 

9.4.3 Probable costs and benefits to businesses directly affected by the proposed rule making 

Rule 200, § 306: Subcontractor Registration: It is anticipated that the MCAQD subcontractor 

registration fee will be $50. In addition, time to complete and submit the forms, and the associated 

recordkeeping will average 1.5 hours per registrant. Assuming an average wage of $25/hour, the 

indirect costs of registering under this program would be $37.50, for a total cost per registrant of 

$87.50, and a total cost on businesses of all sizes impacted by this rule of $875,000. 

Rule 310, § 233 and Rule 310.01, § 230: Unpaved Parking Lots: With the elimination of the minimum 

size criterion under these rules, all owners of unpaved parking lots will bear the costs of implementing 

control measures to meet all new/revised requirements for unpaved parking lots under Rule 310 and 

Rule 310.01. Implementation of control measures to prohibit visible emissions beyond the property 

line and require immediate clean-up of trackout (including repairing or changing control measures to 

eliminate trackout) which extends a cumulative distance of 25 feet or more. The discussion of possible 

cost impacts of these proposed requirements for all unpaved parking lots is included below. 

Rule 310, § 303 and Rule 310.01, §§ 302.4, 302.5, 302.6, and 302.8: Visible Emissions Beyond 

Property Line: Owners of unpaved parking lots, open areas and vacant lots, and livestock activities 

will be required to implement control measures to preevent visible emissions beyond the property line. 

Estimated costs will vary depending on the type and number of control measures required to prevent 

visible emissions beyond the property line. Annualized costs for implementing each possible control 

measure under each applicable section have not been fully developed at this time, however some 

preliminary cost data for control measures under the various rule sections are provided below. 

Annualized costs for the installation of a rock barrier as a possible control measure under § 302.4 have 

been estimated to be approximately $1,340 per vacant lot per year with installation costs estimated to 

be approximately $11,400 for a three acre parcel of land (Sierra Research, 2007). 

The possible range of annualized control measure costs for unpaved parking lots (based on a 0.1 acre 

parking lot) for reducing visible emissions under the proposed rule changes is expected to range from 

43
as low as $100 per parking lot per year (assumes annual subgrade preparation and polymer emulsion 

application) for application of a dust palliative to as high as $1,700 per parking lot per year for paving 

of the parking lot (based on total construction cost of $15,400 and a useful life of 25 years). 

Rule 310, § 306 and Rule 310.01, §§ 302.6 and 302.8: Cumulative Trackout Limit of 25 Feet: The 

existing rules already contain immediate clean-up and control measure replacement/repair 

requirements for a trackout distance criterion of 50 feet. The revised rules include a clarification of the 

trackout distance criteria as being cumulative distance for all entrance and exit points. It is difficult to 

ascertain whether the reduction in the trackout distance criteria will affect a larger number of 

businesses or if the number of affected businesses will be the same. The cost associated with 

immediate clean-up is not expected to prohibitive. Changes or additions to the control measures 

required to prevent trackout from extending a cumulative distance of 25 feet will fall into the range of 

costs discussed above for the proposed control measures necessary to prevent visible emissions beyond 

the property line. 

Rule 310, § 309.1: Basic Dust Control Training Class: It is anticipated that the MCAQD fee for the 

basic dust control training class will be $25. Each attendee will spend 4 hours in class, plus an 

estimated 1.5 hours for travel time, recordkeeping, etc. Assuming an average wage of $24.23/hour, the 

indirect costs of registering under this program would be $133.27, for a total cost per registrant of 

$158.27, and a total cost on businesses of all sizes impacted by this rule of $1,635,879. 

Rule 310, § 309.1 Comprehensive Dust Control Training Class: It is anticipated that the MCAQD fee 

for the comprehensive dust control training class will be $50. Each attendee will spend 8 hours in 

class, plus an estimated 1.5 hours for travel time, recordkeeping, etc. Assuming an average wage of 

$29.27/hour, the indirect costs of registering under this program would be $278.07, for a total cost per 

registrant of $328.07, and a total cost on businesses of all sizes impacted by this rule of $654,162. 

Rule 310.01, § 302.7: Unpaved Roadways: The current rules for unpaved roads already have 

provisions for required implementation of control measures based on the threshold criterion of 150 

vehicles per day. The proposed rule requires formal, documented traffic counts if an unpaved roadway 

is used for 150 vehicle trips or more per day. 

Based on rough estimates obtained from the Maricopa County Department of Transportation 

(MCDOT), the estimated daily cost to conduct traffic counts will be approximately $85 per road per 

count. It is assumed that conducting the traffic counts will require approximately 4 hours of total labor 

each day to both place and remove a bi-directional traffic counting cord. MCAQD welcomes interested 

stakeholders to provide relevant cost information where available. 

44
Rule 310.01, §§ 302.6 and 302.8: Trackout Control Devices: Owners of unpaved parking lots and 

livestock activities may have to bear the cost of installing trackout control devices as a required control 

measure. A trackout control device is one of several possible control measures that owners can 

implement in order to comply with all requirements under §§ 302.6 and 302.8, but is not mandatory. 

Possible trackout control devices include: a gravel pad, a grizzly, a wheel wash system, or a paved 

area. It is expected that the cost of these trackout control devices will fall within the range of costs 

specified for possible control measures to be used to prevent visible emissions beyond the property 

line. 

Rule 310.01, § 302.10: Control Measure Options for Easements and Rights of Way: Owners of 

easements, rights-of-way, and access roads for utilities will bear the cost of installing locked gates as a 

possible control measure under this rule. The annualized cost for installing an individual locked gate at 

an entry point is expected to be no more $150 per year based on a total installation cost of $1,500 and a 

useful life of at least 10 years. 

Rule 310.01, § 302.8 Visible Emission Limits for Livestock Activities: There should be no additional 

cost associated with the use of the aggregate number of 15-second observations which exceed the 20 

percent opacity standard. 

9.5 Impact on private and public employment 

In cases where estimates of increased workloads and anticipated additional staff (FTE’s) required for 

MCAQD to design, implement, and administer the proposed programs have been quantified 

individually in section 9.4.1 above. Since Maricopa County will be the implementing entity for these 

programs, no other significant impacts on public-sector employment of other agencies or political 

subdivisions of the state are anticipated. 

The potential financial impacts on permit holders (businesses and individuals), on a per-case basis, and 

cumulative impacts on all permit holders, have been described and quantified, insofar as possible, in 

section 9.4.3 above. 

Rule 200, § 306: Subcontractor Registration: Since a single business entity (corporation, LLC, 

individual, etc.) only requires a single registration, no impact on private employment is anticipated. 

The only direct effect on employment will be the four additional permit technicians anticipated to be 

required by implementation of this rule. 

45
Rule 310, § 233 and Rule 310.01, § 230: Unpaved Parking Lots: As discussed above, all owners of 

unpaved parking lots will bear the costs of implementing control measures to meet proposed visibility 

and trackout requirements for unpaved parking lots. Very rough cost impacts were estimated and 

presented for the businesses directly affected by the proposed rule changes. The affected businesses 

may be forced to offset any additional costs incurred in order to comply with the proposed rules. Based 

on the cost data presented above, MCAQD does not have sufficient data at this time to quantitatively 

evaluate potential employment impacts for businesses impacted by the proposed rule. 

Rule 310, § 303 and Rule 310.01, §§ 302.4, 302.5, 302.6, and 302.8: Visible Emissions Beyond 

Property Line: Costs associated with achieving zero visible emissions beyond the property line 

through the use of one or more control measures may affect employment for the various 

owners/operators of the applicable fugitive dust source areas under the proposed rule changes. 

MCAQD does not have sufficient data at this time to quantitatively evaluate potential employment 

impacts for businesses directly affected by the proposed requirements. 

Enforcing the visible emissions requirement beyond the property line will require some additional 

labor time for MCAQD dust inspectors, but the amount of labor time is not expected to dramatically 

affect the number of full-time employees required to complete the required dust inspection backlog. 

Employment at political subdivisions of the state are not expected to be affected by the proposed 

rulemaking. 

Rule 310, § 306 and Rule 310.01, §§ 302.6 and 302.8: Cumulative Trackout Limit of 25 Feet: Since 

the existing rules already contain immediate clean-up and control measure replacement/repair 

requirements for a trackout distance criterion of 50 feet, there should be no impact on employment 

associated with the proposed rule change. 

Rule 310, §§ 309.1 and 309.2: Basic and Comprehensive Dust Control Training Classes: It is 

anticipated that MCAQD, as the implementing agency, will require approximately 2.2 additional 

FTE’s to oversee and implement these programs. MCAQD is currently in the planning stages to certify 

other third-party entities to conduct these training programs, so some additional private-sector 

employment impact is likely, but this impact cannot yet be quantified precisely. 

Rule 310.01, § 302.7: Unpaved Roadways: The current rules for unpaved roadways already have 

provisions for required implementation of control measures based on the threshold criterion of 150 

vehicles per day. The proposed rules revisions require formal, documented traffic counts if unpaved 

roadways are used for 150 vehicle trips or more per day. Employment may be effected by businesses 

required to bear the cost of implementing a traffic counting system and documenting the traffic count 

46
results. Sufficient data does not exist to determine precise employment impacts based on the cost 

impacts presented above. 

Rule 310.01, §§ 302.6 and 302.8: Trackout Control Devices: As stated above, owners of unpaved 

parking lots and livestock activities may have to bear the cost of installing trackout control devices as a 

required control measure to comply with the requirements of §§ 302.6 and 302.8. It is one of several 

possible control measure options, but is not a mandatory control option. The inclusion of a trackout 

control device as one of the possible control options should not have an effect on employment for 

affected businesses, implementing agencies, or political subdivisions of the state. 

Rule 310.01, § 302.10: Control Measure Options for Easements and Rights of Way: Owners of 

easements, right-of-way, and access roads for utilities will bear the cost of installing locked gates as a 

possible control measure under this rule. This is only one of the possible control measures under this 

rule and is not cost prohibitive based on the data provided above. Costs to affected businesses will not 

be appreciably increased under this proposed addition to the rule; therefore, employment should not be 

impacted at any businesses directly impacted by this rule. Employment at agencies and political 

subdivisions of the state should not be impacted by this proposed rule change. 

Rule 310.01, § 302.8 Visible Emission Limits for Livestock Activities: Since no additional costs will 

be incurred by any party as a result of the change in the opacity calculation methodology, employment 

will not be affected at any businesses, agencies or political subdivisions of the state. 

9.6 Probable Impact of the Proposed Rule Making on Small Businesses 

For all proposed rule changes discussed in this analysis, a description of affected entities of all sizes is 

contained in Section 9.3 above. Due to constraints in time, available resources, and readily accessible 

current data, no reliable estimates on the separate impact on small businesses have yet been developed. 

9.6.1 Alternative Methods Considered to Reduce Impact on Small Business 

Rule 200, § 306: Subcontractor Registration: No alternatives considered; the parameters of the 

proposed program have been developed to comply with A.R.S. 49-474.06. 

Rule 310, §§ 309.1 and 309.2: Basic and Comprehensive Dust Control Training Programs: The 

proposed rulemaking imposes permitting and training requirements only on earthmoving projects 

greater than 0.1 acres (4,356 sq. ft.), as does the current version of the rule(s). Thus all projects below 

this minimum size threshold are exempt from the requirements of the proposed rule, limiting the 

financial and administrative burden for very small projects. As little or no relevant information is 

available, no attempt has been made to quantify the number of projects under this size threshold, or to 

47
estimate the increase in costs (additional inspectors and enforcement personnel) that would be required 

to apply the proposed rules to earthmoving activities of less than 0.1 acres. No other alternatives have 

been considered; the parameters of the proposed programs have been prepared to comply with A.R.S. 

49-474.05. 

9.6.2 Probable Cost and Benefit to Private Persons and Consumers 

All proposed changes to Rules 310 and 310.01 are designed to reduce particulate matter emissions with 

the ultimate goal of protecting the public health and welfare by attaining PM10 and PM2.5 National 

Ambient Air Quality Standards (NAAQS) throughout Maricopa County. A detailed description of the 

benefits for the public at large are excerpted from a cost analysis conducted by ADEQ (2004) and is 

provided below. 

Improvement in air quality will generate cost-saving benefits by avoiding adverse-health effects, such 

as emergency room visits, hospital admissions, acute pediatric bronchitis, chronic adult bronchitis, 

acute respiratory symptom days, and even premature death. Potential benefits arising from a reduction 

PM and other pollutants emitted into the atmosphere can be inferred from data associated with the 

reduction of any airborne Particulate Matter (PM). 

Some of health effects of human exposure to PM can be quantified while others cannot. Quantified 

adverse-health effects include: mortality, bronchitis (chronic and acute), new asthma cases, hospital 

admissions (respiratory and cardiovascular), emergency room visits for asthma, lower and upper 

respiratory illness, shortness of breath, respiratory symptoms, minor restricted activity days, days of 

work loss, moderate or worse asthma status of asthmatics. Unquantifiable adverse-health effects 

include: neonatal mortality, changes in pulmonary function, chronic respiratory diseases (other than 

chronic bronchitis), morphological changes, altered host defense mechanisms, cancer, and non-asthma 

respiratory emergency room visits (U.S. EPA, 1999a). 

Epidemiological evidence shows that particulates have negative health impacts in a variety of ways, 

including: increased mortality and morbidity; more frequent hospital admissions, emergency room and 

clinician visits; increased need and demand for medication; and lost time from work and school. There 

is also increasing evidence that ambient air pollution can precipitate acute cardiac episodes, such as 

angina pectoris, cardiac arrhythmia, and myocardial infraction, although the majority of PM-related 

deaths are attributed to cardiovascular disease (The U.S. EPA’s PM Health Effects Research Center 

Program, prepared by PM Centers Program staff, January 2002). 

New evidence also links exposure to ambient PM concentrations to airway inflammation that in turn 

produces systemic effects, such as acute phase response with increased blood viscosity and 

48
coagulability, as well as increased risk of myocardial infraction in patients with coronary artery 

disease. Chronic effects of repeated airway inflammation may also cause airway remodeling, leading 

to irreversible lung disease. Individuals with asthma and chronic obstructive pulmonary disease may be 

at even higher risk from repeated exposure to particulates, according to the U.S. EPA’s PM Health 

Effects Research Center Program. 

The Health Effects Institute confirmed the existence of a link between particulate matter and human 

disease and death (premature mortality). The data revealed that long-term average mortality rates, even 

after accounting for the effects of other health effects, were 17-26% higher in cities with higher levels 

of airborne PM (Health Effects of Particulate Air Pollution: What Does The Science Say Hearing 

before the Committee on Science, House of Representatives, 107th Congress of the U.S., second 

session, May 8, 2002). Data further reveal that every 10-microgram increase in fine particulates per 

cubic meter produces a 6% increase in the risk of death by cardiopulmonary disease, and an 8% 

increase for lung cancer. Even very low concentrations of PM can increase the risk of early death, 

particularly in elderly populations with preexisting cardiopulmonary disease (STAPPA/ALAPCO, 

1996). 

In 2002 alone, chronic obstructive pulmonary disease cost the U.S. more than $32 million, a sum not 

including costs attributable to asthma (American Lung Association, 2003). In Arizona, deaths 

attributable to asthma have equaled or exceeded national rates from 1991-1998. In 1998, some 316,200 

Arizonans suffered breathing discomfort or asthma related stress (ADHS, 2002). 

The MCAQD expects that a reduction in PM potentially will create commensurate cost-saving benefits 

to the general public by contributing towards reducing these emissions-related health problems. The 

proposed Maricopa County rulemaking will help improve the general quality of life for the citizens of 

Maricopa County, particularly those residing near sources that have reduced PM emissions and other 

air pollutants associated with the manufacturing processes. 

Health benefits can be expressed as avoided cases of PM related-health effects and assigned a dollar 

value. EPA used an average estimate of value for each adverse-health effect of criteria air pollutants. 

Table 1 contains valuation estimates from the literature reported in dollars per case reduced. For 

example, the table shows a value of $401,000 (in 2006 dollars) per case of chronic bronchitis avoided. 

Table 1. Monetized Adverse-Health Effects Avoided From Exposure to PM 

Adverse Health Effect * 

Per Case Valuation 

(1990 dollars) 

Per Case Valuation 

(2006 dollars) 

Mortality $4,800,000 $7,403,800 

Chronic bronchitis $260,000 $401,000 

Hospital admissions for respiratory conditions $6,900 $10,640 

49
Hospital admissions for cardiovascular 

conditions 

$9,500 $14,650 

Emergency room visits for asthma $194 $299 

Acute Bronchitis $45 $69 

Asthma attack $32 $49 

Moderate or worse asthma day $32 $49 

Acute respiratory symptom $18 $28 

Upper respiratory symptom $19 $29 

Lower respiratory symptom $12 $19 

Shortness of breath, chest tightness, or wheeze $5 $8 

Work loss day $83 $128 

Mild restricted activity day $38 $59 

* An individual’s health status and age prior to exposure impacts his/her susceptibility. At risk persons 

include those who have suffered a stroke or have cardiovascular disease. Some age cohorts are more 

susceptible to air pollution than others, i.e., children and elderly. 

Source: Derived from U.S. EPA, 1999b. According to EPA, cost values 

of these illnesses tend to underestimate the true value of avoiding these 

adverse-health effects. Mean estimates of willingness-to-pay (WTP) 

were used to derive values, unless WTP values were not available, in 

which case, the cost of treating or mitigating the effects was used. The 

value of an avoided asthma attack, for example, would be a person’s 

WTP to avoid that symptom. 

Mortality in Table 1 actually refers to statistical deaths, or inferred deaths due to premature mortality. 

A small decline in the risk for premature death will have a certain monetary value for individuals, and 

as such, they will be willing to pay a certain amount to avoid premature death. For instance, if PM 

emissions are reduced so that the mortality risk on the exposed population is decreased by one in onehundred thousand, then among 100,000 persons, one less person will be expected to die prematurely. If 

the average willingness-to-pay (WTP) per person for such a risk reduction were $75, the implied value 

of the statistical premature death avoided would be $7.5 million. 

9.7 Probable effect on county revenues 

Some of the proposed rule changes would result in increased fee revenue to the Maricopa County Air 

Quality Department, which anticipates revising its fee schedule (under a separate rulemaking) in order 

to recoup the costs of designing, implementing and administering new programs contained within the 

present rulemaking. A list of the proposed programs, along with estimates of proposed user fees and 

overall revenue projections, is as follows: 

Program 

Estimated 

Users Fee/User 

Estimated Annual 

Revenue 

Subcontractor Registration Program 10,000 $50 $500,000 

Basic Dust Control Training Class 10,336 $25 $258,400 

Comprehensive Dust Control Training Class 1,994 $50 $99,700 

No other significant impact on state or County revenues from the present rulemaking is anticipated. 

9.8 Alternative Methods Considered to Achieve the Purpose of the Proposed Rule Making 

50
State law requires agencies to reduce the impact of a rule on small businesses by using certain 

methods, when they are legal and feasible, in meeting the statutory objectives of the rulemaking. 

Maricopa County considered each of the methods prescribed in Arizona Revised Statutes (A.R.S.) § 

41-1035 and A.R.S. § 41-1055(B) for reducing the impact on small businesses. Methods that may be 

used include the following: (1) exempt them from any or all rule requirements, (2) establish 

performance standards that would replace any design or operational standards, or (3) institute reduced 

compliance or reporting requirements, such as establishing less stringent requirements, consolidating 

or simplifying them or setting less stringent schedules or deadlines. 

In some cases, no alternatives have been considered, as the proposed rule changes are designed to 

comply with state statute: e.g., the Subcontractor Registration Program (Rule 200, § 306), has been 

developed to comply with A.R.S. 49-474.06; and the Basic and Comprehensive Dust Control Training 

Classes (Rule 310, §§ 309.1 and 309.2) have been developed to comply with A.R.S. 49-474.05. 

9.9 Data Availability and Limitations of Assumptions 

The present draft of this economic impact statement was developed in accordance with A.R.S.§ 41-

1055 to assess the potential economic impacts of the proposed changes to these rules. Sources of data 

and any assumptions used to develop these estimates have been included in the discussion of these 

analyses; and where data are lacking or uncertain, this has been noted wherever possible. Maricopa 

County Air Quality 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). 

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) 506-6710 or (602) 506-6705 

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 December 11, 

2007, 5:00 p.m. Written comments may be mailed or hand delivered to the Maricopa County Air 

Quality Department (see #4 above). Written comments received during the comment period will be 

51
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 December 10, 2007 at 9:00 am at the Maricopa County Flood 

Control District, 2801 West Durango, Operations Building. 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 

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 303.2(a)(1)(a)(iii) 

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 303.2(a)(1)(a)(iii) 

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 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) 

14. The full text of the rule follows:

REGULATION II - PERMITS AND FEES 

RULE 200 

52
PERMIT REQUIREMENTS 

INDEX 

SECTION 100 – GENERAL 

 101 PURPOSE 

SECTION 200 – DEFINITIONS (NOT APPLICABLE) 

SECTION 300 – STANDARDS

 301 PERMITS REQUIRED 

 302 TITLE V PERMIT 

 303 NON-TITLE V PERMIT 

 304 GENERAL PERMIT 

 305 EARTH MOVING DUST CONTROL PERMIT 

 305 EARTH MOVING DUST CONTROL PERMIT 

 306 SUBCONTRACTOR REGISTRATION

 306307 PERMIT TO BURN 

 307308 EXEMPTIONS 

 308309 STANDARDS FOR APPLICATIONS 

 309310 PERMIT CONDITIONS 

 310311 PROHIBITION – PERMIT MODIFICATION 

 311312 PERMIT POSTING REQUIRED 

 312313 TRANSITION FROM INSTALLATION AND OPERATING PERMIT PROGRAM TO 

UNITARY PERMIT PROGRAM 

 313314 ACCELERATED PERMITTING 

SECTION 400 – ADMINISTRATIVE REQUIREMENTS

 401 APPROVAL OR DENIAL OF PERMIT OR PERMIT REVISION 

 402 PERMIT REOPENINGS; REVOCATION AND REISSUANCE; TERMINATION 

 403 PERMIT RENEWAL AND EXPIRATION 

 404 PERMIT TRANSFERS 

 405 PERMITS CONTAINING THE TERMS AND CONDITIONS OF FEDERAL 

DELAYED COMPLIANCE ORDERS (DCO) OR CONSENT DECREES 

 406 APPEAL 

 407 AIR QUALITY IMPACT MODELS 

 408 TESTING PROCEDURES 

 409 PERMIT FEES 

 410 PORTABLE SOURCES 

 411 PUBLIC RECORDS; CONFIDENTIALITY 

SECTION 500 – MONITORING AND RECORDS (NOPT APPLICABLE) 

53
Revised 07/13/88 

Repealed and Adopted 11/15/93 

Revised 02/15/95 

Revised 06/19/96 

Revised 05/20/98 

Revised 08/22/01 

MARICOPA COUNTY 

AIR POLLUTION CONTROL REGULATIONS 

REGULATION II – PERMITS AND FEES 

RULE 200 

PERMIT REQUIREMENTS 

SECTION 100 – GENERAL 

101 PURPOSE: To provide an orderly procedure for the review of new sources of air pollution and 

for the modification and operation of existing sources through the issuance of permits. 

SECTION 200 – DEFINITIONS (NOT APPLICABLE) 

 See Rule 100 (General Provisions And Definitions) of these rules for definitions of terms that are 

used but not specifically defined in this rule. 

SECTION 300 – STANDARDS 

301 PERMITS REQUIRED: Except as otherwise provided in these rules, no person shall commence 

construction of, operate, or make a modification to any source subject to regulation under this rule

these rules, without first obtaining a permit or permit revision from the Control Officer. The 

Maricopa County Air Quality Department issues the following permits: Title V permits, Non-Title 

V permits, General permits, Dust Control permits, and Permits To Burn. The standards and/or 

requirements for these permits are described in Section 302 thru Section 305 of this rule. 

Additional standards, administrative requirements, and monitoring and records requirements for 

some of these permits are described in individual rules of these rules, as applicable/as specified in 

Section 302 thru Section 305 of this rule.

302 TITLE V PERMIT: A Title V permit or, in the case of an existing permitted source, a permit 

revision shall be required for a person to commence construction of, to operate, or to modify any 

of the following: 

302.1 Any major source as defined in Rule 100 of these rules. 

302.2 Any solid waste incineration unit required to obtain a permit pursuant to Section 129(e) 

of the Act. 

302.3 Any affected source as defined in Rule 100 of these rules. 

302.4 Any source in a source category designated by the Administrator pursuant to 40 CFR 

70.3 and adopted by the Board of Supervisors by rule. 

303 NON-TITLE V PERMIT: Unless a Title V permit or a permit revision is required, a Non-Title V 

permit or permit revision shall be required for: 

303.1 A person to make a modification to a source which would cause it to emit or to have the 

potential to emit quantities of regulated air pollutants greater than those specified in 

subsections 303.2 and 303.3(c) of this rule. 

54
303.2 A person to commence construction of or to modify either of the following after rules 

adopted pursuant to A.R.S. § 49-480.04 are effective: 

a. A source that emits or has the potential to emit with controls ten tons per year or 

more of a hazardous air pollutant or 25 tons per year or more of any combination of 

hazardous air pollutants designated by the Director pursuant to Rule 372 (Maricopa 

County Hazardous Air Pollutants (HAPs) Program) of these rules and not listed in 

Section 112(b) of the Act. 

b. A source that is within a category designated by the Director pursuant to Rule 372 

(Maricopa County Hazardous Air Pollutants (HAPs) Program) of these rules and that 

emits or has the potential to emit with controls at least one ton, but less than ten tons 

per year of a hazardous air pollutant or at least 2.5 tons, but less than 25 tons per year 

of any combination of hazardous air pollutants. 

303.3 A person to commence construction of, to operate, or to modify any of the following: 

a. Any source other than a major source, including an area source, subject to a standard, 

limitation, or other requirement under Section 111 of the Act. 

b. Any source other than a major source, including an area source, subject to a standard 

or other requirement pursuant to Section 112 of the Act. However, a source is not 

required to obtain a permit solely because it is subject to regulation or requirements 

pursuant to Section 112(r) of the Act. 

c. Any source that emits or has the potential to emit, without control, regulated air 

pollutants, except the following sources to the extent which the described limits are 

not exceeded. However, any source that is exempt from obtaining a Non-Title V 

permit according to this section shall still comply with all other applicable 

requirements of these rules. 

(1) General Combustion Equipment: 

(a) Any source with an aggregated input capacity of less than 2,000,000 BTU 

per hour calculated by adding only those pieces of equipment over 300,000 

BTU per hour with respect to fuel burning equipment fired with natural gas 

or liquefied petroleum gas. 

(b) Any oil fueled heating equipment with a maximum rated input capacity or 

an aggregated input capacity of less than 500,000 BTU (527,200 kilojoules) 

per hour. 

(2) Liquid Storage Tanks: 

(a) Stationary storage tanks with a capacity of 250 gallons (946 liters) or less 

used for storing organic liquids. 

(b) Stationary storage tanks used for storing organic liquids with a true vapor 

pressure of 1.5 psia (77.5 mm Hg) or less. 

(c) Pressure tanks and pressurized vessels used exclusively for the storage of 

liquefied gases. 

(3) Surface Coating And Printing Equipment: 

55
(a) The aggregate of all surface coating operations of a source in which no 

coated product is heat cured and a combined total of one gallon per day or 

less of all coating materials and solvents are used. 

(b) Application equipment for architectural surface coatings is used for 

commercial and residential applications. 

(c) Any coating operation, which employs only hand-held aerosol cans, where 

VOC emissions do not exceed three pounds on any single day. 

(d) Any printing operation which employs a combination of printing presses 

with a maximum of 500 square inches (3226 cm2

) of impression area and a 

maximum of two units per printing press. For the purposes of this rule, 

"units" means the number of printing surfaces. 

(4) Solvent Cleaning Equipment: Unheated, non-conveyorized, cleaning or 

coating equipment that does not include control enclosures: 

(a) With an open surface area of one square meter (10.8 square feet) or less and 

an internal volume of 350 liters (92.5 gallons) or less, having an organic 

solvent loss of three gallons per day or less, or 

(b) Using only organic solvents with an initial boiling point of 302°F (150°C) 

or greater and having an organic solvent loss of three gallons per day or 

less, or 

(c) Using materials with a VOC content of two percent or less by volume (20 

cubic centimeters per liter). 

(5) Internal Combustion Equipment: 

(a) Internal combustion engines with a manufacturer's maximum continuous 

rating of 50 horsepower or less or a maximum accumulative rating of 250 

horsepower or less for engines used in the same process at one source. 

(b) Internal combustion engines used solely as a source of unlimited standby 

power or emergency purposes and operated at or below 500 hours per year 

for routine testing and emergency standby operation for each internal 

combustion engine and provided such source demonstrates that the potential 

emissions at 500 hours of operation each of all internal combustion engines 

do not exceed 4,000 pounds of nitrogen oxides or carbon monoxide per year 

as evidenced by an installed hour meter or written usage records maintained 

by the operator; and 

(i) Are only used for power when normal power line service fails; or 

(ii) Are only used for the emergency pumping of water. 

(iii) This exemption does not apply to internal combustion engines used as 

standby power due to a voluntary reduction in power by the power 

company. 

(c) Engines used to propel motorized vehicles. 

56
(d) Gas turbines with a maximum heat input at IS0 Standard Day Conditions of 

less than 3,000,000 BTU (3,162,000 kilojoules) per hour fired exclusively 

with natural gas and/or liquefied petroleum gas. 

(e) Portable internal combustion engines used on a temporary basis of no more 

than 30 days per calendar year at any one facility. 

(6) Food Equipment: 

(a) Equipment, excluding boilers, used in eating establishments or other retail 

establishments for the purpose of preparing food for human consumption. 

(b) Bakeries: 

(i) Mixers and blenders used in bakeries where the products are edible and 

intended for human consumption. 

(ii) Ovens at bakeries whose total production is less than 10,000 pounds 

(4,535 kg) per operating day. 

(7) Miscellaneous: 

(a) Diesel contaminated soil remediation projects, where no heat is applied. 

(b) Self-contained, enclosed blast and shot peen equipment where the total 

internal volume of the blast section is 50 cubic feet or less and where 

any venting is done via pollution control equipment. 

(c) Those laboratory acids which have both a pH above 1.5 and an 

aggregate daily emission to ambient air of vapor/mists from all such 

acids not exceeding three pounds on any single day. 

(d) Brazing or welding equipment. 

(e) Hand soldering equipment. 

(f) A source whose aggregate of all wood working equipment totals 50 

horsepower or less. 

(g) Equipment used for buffing, carving, cutting, drilling, surface grinding, 

machining, planing, routing, sanding, sawing, shredding, or turning of 

ceramic artwork, precision parts, leather, metals, plastics, rubber, 

fiberboard, masonry, carbon, graphite or glass. 

(h) Refrigerant recovery equipment. 

(i) Normal landscaping, building Building maintenance or janitorial 

activities. 

(j) A source whose aggregate of all miscellaneous equipment, processes or 

production lines not otherwise identified in this section has total 

uncontrolled emissions of less than three pounds (1.4 kg) VOC or PM10

during any day and less than 5.5 pounds (2.5 kg) of any other regulated 

air pollutant during any day. 

57
(k) A person to begin actual construction of a source subject to Rule 372 

(Maricopa County Hazardous Air Pollutants (HAPs) Program) of these 

rules. 

(l) A person to make a modification to a source subject to Rule 372 

(Maricopa County Hazardous Air Pollutants (HAPs) Program) of these 

rules. 

304 GENERAL PERMIT: A General permit shall be required for a person to commence construction 

of, to operate, or to modify a source that is a member of a facility class for which a General permit 

has been developed pursuant to Rule 230 of these rules. The provisions of Rule 230 of these rules 

shall apply to General permits, except as otherwise provided in Rule 230 of these rules. 

305 EARTH MOVING PERMIT DUST CONTROL PERMIT: No person shall cause, commence, 

suffer, allow, or engage in any earth moving operation that disturbs a total surface area of 0.10 

acre or more. without first obtaining a permit from the Control Officer. This requirement for a 

permit shall apply to all such activities conducted for commercial, industrial, or institutional 

purposes or conducted by any governmental entity. The property owner, lessee, developer, or 

general/prime contractor will be responsible for acquiring the permit. Permits shall not be required 

for earth moving operations for emergency repair of utilities, paved roads, unpaved roads, 

shoulders, and/or alleys. A Dust Control permit shall be required before a 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 dust generating operation subject to the requirements of Rule 310 of these 

rules, causes, commences, suffers, allows, or engages in any dust generating operation that 

disturbs a total surface area of 0.10 acre (4,356 square feet) or more. The provisions of Rule 310 

of these rules shall apply to Dust Control permits, except as otherwise provided in Rule 310 of 

these rules.

305.1 Application: The applicant shall file an application, which includes an 81⁄2" x 11" site map 

showing all linear dimensions, and shall submit a control plan as described in Rule 310 of 

these rules.

305.2 Annual Block Permit: Any person responsible for more than one earth moving operation 

consisting of routine operation, maintenance, and expansion or extension of utilities, 

paved roads, unpaved roads, road shoulders and/or alleys, and public right of ways at 

non-contiguous sites may submit one permit application covering multiple sites at which 

construction will commence within 12 months of permit issuance provided that: 

a. The control plan as described in Rule 310 of these rules applies to all sites; and

b. The applicant submits a list of all sites, including the location and size of each site, 

with the application; and

c. For any project not listed in the application, the applicant notifies the Control Officer 

in writing at least three working days prior to commencing the earth moving 

operation. The notice shall include the site location, size, type of activity, and start 

date.

305.3 Action On Permit Application: The Control Officer shall take final action on an earth 

moving permit application within 14 calendar days of the filing of the completed 

application. The Control Officer shall notify the applicant in writing of his approval or 

denial.

58
305.4 Permit Term: Earth Moving permits issued pursuant to this rule shall be issued for a 

period of one year from the date of issuance.

305.5 Permit Renewal: Earth Moving permits shall be renewed annually should the project last 

longer than one year from the date the permit was issued. Applications for permit renewal 

shall be submitted to the Control Officer at least 14 calendar days prior to the expiration 

date of the original permit.

306 SUBCONTRACTOR REGISTRATION:

306.1 A subcontractor who is engaged in dust generating operations at a site that is subject to a 

permit that is issued by a Control Officer and that requires control of PM10 emissions 

from dust generating operations shall register with the Control Officer by submitting 

information in the manner prescribed by the Control Officer. The Control Officer shall 

issue a registration number after payment of the fee. The Control Officer may establish 

and assess a fee for the registration based on the total cost of processing the registration 

and issuance of a registration number.

306.2 The subcontractor shall have its registration number readily accessible on-site while 

conducting any dust generating operations. The subcontractor’s registration number must 

be visible and readable by the public without having to be asked by the public (e.g., 

included/posted in a sign that is visible on the subcontractor’s vehicle or equipment, 

included/posted on a sign that is visible in the window of the subcontractor’s vehicle or 

equipment, or included/posted on a sign where the subcontractor is working on the site).

306307 PERMIT TO BURN: A permit is required for any open outdoor fire authorized under the 

exceptions in A.R.S. 49–501 or Rule 314 of these rules. 

307308 EXEMPTIONS: Notwithstanding Sections 301, 302, and 303 of this rule, the following sources 

shall not require a permit, unless the source is a major source, or unless operation without a permit 

would result in a violation of the Act: 

307.1308.1 Sources subject to 40 CFR 60, Subpart AAA, Standards of Performance for New 

Residential Wood Heaters. 

307.2308.2 Sources and source categories that would be required to obtain a permit solely 

because they are subject to 40 CFR 61.145. 

307.3308.3 Agricultural equipment used in normal farm operations. Agricultural equipment 

used in normal farm operations, for the purposes of this rule, does not include equipment 

that would be classified as a source that would require a permit under Title V of the Act, 

or would be subject to a standard under 40 CFR parts 60 or 61. 

308309 STANDARDS FOR APPLICATIONS: All permit applications shall be filed in the manner and 

form prescribed by the Control Officer. 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 these rules. The issuance of any permit or 

permit revision shall not relieve the owner or operator from compliance with any Federal laws, 

Arizona laws, or these rules, nor does any other law, regulation or permit relieve the owner or 

operator from obtaining a permit or permit revision required under these rules. 

308.1309.1 Insignificant Activities: 

a. Rather than supplying detailed information, a Title V source may, in its permit 

application, list and generally group insignificant activities, which are defined in 

59
Rule 100-General Provisions And Definitions of these rules and which are listed in 

Appendix D-List Of Insignificant Activities of these rules. 

b. A Non-Title V source is not required to list nor to describe, in a permit application, 

insignificant activities, which are defined in Rule 100-General Provisions And 

Definitions of these rules and which are listed in Appendix D-List Of Insignificant 

Activities of these rules. If a Non-Title V source’s emissions are approaching an 

applicable requirement, including but not limited to best available control technology 

(BACT) requirements or major source status, then such Non-Title V source may be 

required by Maricopa County to include, in a permit application, a description of its 

insignificant activities and emissions calculations for such insignificant activities. 

c. An activity, process, or emissions unit that is not included in Appendix D-List Of 

Insignificant Activities of these rules may be considered an insignificant activity if it 

meets the definition of insignificant activity in Rule 100-General Provisions And 

Definitions of these rules and is approved by the Control Officer and the 

Administrator of the Environmental Protection Agency (EPA). A source may request 

approval for the classification of an activity as insignificant by including such a 

request in its permit application, along with justification that such activity meets the 

definition of insignificant activity in Rule 100-General Provisions And Definitions of 

these rules. 

d. An application may not omit information regarding insignificant activities that is 

needed to determine: (1) the applicability of or to impose any applicable 

requirement; (2) whether the source is in compliance with applicable requirements; 

or (3) the fee amount required under these rules. In such cases, emissions 

calculations or other necessary information shall be included in the application. 

308.2309.2 Trivial Activities:

a. A Title V source is not required, in a permit application, to list trivial activities, to 

describe trivial activities, nor to include the emissions from trivial activities, which 

are defined in Rule 100-General Provisions And Definitions of these rules and which 

are listed in Appendix E-List Of Trivial Activities of these rules. 

b. A Non-Title V source is not required, in a permit application, to list trivial activities, 

to describe trivial activities, nor to include the emissions from trivial activities, 

which are defined in Rule 100-General Provisions And Definitions of these rules and 

which are listed in Appendix E-List Of Trivial Activities of these rules. 

c. An activity that is not included in Appendix E-List Of Trivial Activities of these 

rules may be considered a trivial activity, if such activity meets the definition of 

trivial activity in Rule 100-General Provisions And Definitions of these rules. 

309310 PERMIT CONDITIONS: The Control Officer may impose any permit conditions that are 

necessary to ensure compliance with Federal laws, Arizona laws, or these rules. 

309.1310.1 The Control Officer may require, as specified in subsection 309.2 and 

subsection 309.3 Section 310.2 and Section 310.3 of this rule, any source of regulated air 

pollutants to monitor, sample, or perform other studies to quantify emissions of regulated 

air pollutants or levels of air pollution that may reasonably be attributable to that source, 

if the Control Officer: 

a. Determines that monitoring, sampling, or other studies are necessary to determine 

the effects of the source on levels of air pollution; or 

60
b. Has reasonable cause to believe a violation of this rule, rules adopted pursuant to this 

rule, or a permit issued pursuant to this rule has been committed; or 

c. Determines that those studies or data are necessary to accomplish the purposes of 

this rule and that the monitoring, sampling, or other studies by the source are 

necessary in order to assess the impact of the source on the emission of regulated air 

contaminants. 

309.2310.2 The Control Officer may require a source of air contaminants, by permit or 

order, to perform monitoring, sampling, or other quantification of its emissions or air 

pollution that may reasonably be attributed to such a source. Before requiring such 

monitoring, sampling, or other quantification by permit or order, the Control Officer shall 

consider the relative cost and accuracy of any alternatives which may be reasonable 

under the circumstances such as emission factors, modeling, mass balance analyses, or 

emissions projections. The Control Officer may require such monitoring, sampling, or 

other quantification by permit or order if the Control Officer determines in writing that all 

of the following conditions are met: 

a. The actual or potential emissions of air pollution may adversely affect public health 

or the environment. 

b. An adequate scientific basis for the monitoring, sampling, or quantification method 

exists. 

c. The monitoring, sampling, or quantification method is technically feasible for the 

subject contaminant and the source. 

d. The monitoring, sampling, or quantification method is reasonably accurate. 

e. The cost of the method is reasonable in light of the use to be made of the data. 

309.3310.3 Orders issued or permit conditions imposed pursuant to this rule shall be 

appealable to the hearing board in the same manner as that prescribed for orders of 

abatement in A.R.S. § 49-489 and A.R.S. § 49-490 and for permit conditions in A.R.S. § 

49-482. 

310311 PROHIBITION – PERMIT MODIFICATION: A person shall not willfully deface, alter, forge, 

counterfeit, or falsify any permit issued under the provisions of these rules. 

311312 PERMIT POSTING REQUIRED: Any person who has been granted a permit shall keep a 

complete permit clearly visible and accessible on the site where the equipment is installed. All 

equipment covered by the permit shall be listed in the permit by a serial number or other 

equipment identification symbol and shall be identified on a plant diagram. 

312313 TRANSITION FROM INSTALLATION AND OPERATING PERMIT PROGRAM TO 

UNITARY PERMIT PROGRAM: 

312.1313.1 Sources With A Valid Installation, Operating, Or Conditional Permit: A 

valid installation permit or operating permit issued by the Control Officer or a valid 

conditional permit issued by the hearing board before September 1, 1993, and the 

authority to operate as provided in Laws 1992, Chapter 299, Section 65, continue in 

effect until any of the following occurs: 

a. The Control Officer revokes an installation permit. 

61
b. The Control Officer issues or denies a Title V permit or a Non-Title V permit to the 

source. 

c. The hearing board revokes or modifies a conditional permit or the conditional permit 

expires. A source operating under a valid conditional permit may continue to operate 

in accordance with the terms and conditions of such permit after the expiration of the 

conditional permit if, at least 30 days prior to the expiration of the conditional 

permit, the source submits an application to the Control Officer for a Title V permit 

as described in Section 312.2 Section 313.2 of this rule or for a Non-Title V permit 

as described in Section 312.3 Section 313.3 of this rule. 

312.2313.2 Title V Sources With An Installation, Operating, Or Conditional Permit: 

Following November 29, 1996, the effective date of the Environmental Protection 

Agency’s (EPA’s) final interim approval of Maricopa County’s Title V permit program, a 

source becomes subject to the requirements of the Title V permit program, when the 

source meets the applicability requirements as provided in this rule. Sources which hold a 

valid installation, operating, or conditional permit and require a Title V permit shall 

comply with the following provisions: 

a. The owner or operator of the source shall submit a permit application within 180 

days of receipt of written notice from the Control Officer that an application is 

required or 12 months after the source becomes subject to the requirements of Title 

V of the Act and the permit requirements of these rules, whichever is earlier. 

b. Any source, which has not yet submitted a Title V permit application, that wishes to 

make any source change not requiring a permit, an administrative permit revision, a 

minor permit revision, or a significant permit revision shall comply with the 

applicable provisions of Rule 210 of these rules. 

312.3313.3 Non-Title V Sources With An Installation, Operating, Or Conditional 

Permit: Sources requiring a Non-Title V permit in existence on the date these rules 

become effective which hold a valid installation, operating, or conditional permit shall 

comply with the following provisions: 

a. All sources shall submit a permit application to the Control Officer within 90 days of 

receipt of written notice from the Control Officer that an application is required. 

b. Any source that wishes to make any source change not requiring a permit, an 

administrative permit revision, a minor permit revision, or a non-minor permit 

revision shall comply with the applicable provisions of Rule 220 of these rules. 

312.4313.4 Written Notice: For purposes of this subsection, written notice shall include, but not 

be limited to, a written warning, notice of violation, or order issued by the Control 

Officer for constructing or operating an emission source without a permit. Such a source 

shall be considered to be in violation of these rules on each day of operation or each day 

during which construction continues, until a permit is granted. 

312.5313.5 Sources Not Under Permit: 

a. All sources not in existence prior to the effective date of these rules shall first submit 

to the Control Officer an air quality permit application for the entire source and shall 

have been issued an air quality permit before commencing construction of such 

source. 

b All sources in existence on the date these rules become effective and not holding a 

valid installation permit and/or a valid operating permit issued by the Control 

62
Officer, which have not applied for a Non-Title V permit pursuant to these rules, 

shall submit to the Control Officer a permit application for the entire source. 

c. All sources in existence on the date these rules become effective and not holding a 

valid installation permit and/or a valid operating permit issued by the Control 

Officer, which have not applied for a Title V permit pursuant to these rules, shall 

submit to the Control Officer a Title V permit application no more than 12 months 

after becoming subject to Title V permit requirements. 

312.6313.6 Sources Which Currently Have An Installation Or Operating Permit: 

a. For sources in existence on the date these rules become effective holding a valid 

installation permit and/or a valid operating permit issued by the Control Officer, the 

Control Officer may establish a phased schedule for acting on permit applications 

received within the first full year after the source becomes subject to obtaining a 

Title V or a Non-Title V permit under these rules. The schedule shall assure that at 

least one-third of such applications will be acted on annually over a period not to 

exceed three years after such effective date. Based on this schedule, the Control 

Officer shall review a completed application in accordance with the provisions of 

these rules and shall issue or deny the applicable permit within 18 months after the 

receipt of the completed application. 

b. Any application for an installation permit or an operating permit that is determined to 

be complete prior to the effective date of these rules but for which no permit has 

been issued shall be considered complete for the purposes of this section. In issuing a 

permit pursuant to such an application, the Control Officer shall include in the permit 

all elements addressed in the application and a schedule of compliance for 

submitting an application for a permit revision to address the elements required to be 

in the permit that were not included in the operating permit application or in the 

installation permit application. No later than six months after the effective date of 

these rules, the Control Officer shall take final action on an operating permit 

application or on an installation permit application determined to be complete prior 

to the effective date of these rules. 

313314 ACCELERATED PERMITTING: 

313.1314.1 Notwithstanding any other provisions of these rules, the following qualify a 

source for a request-submittal for accelerated processing: an application for a Title V 

permit or for a Non-Title V permit; any permit revision; and any coverage under a 

general permit. Such a request-submittal shall be submitted in writing to the Control 

Officer at least 30 days in advance of filing the application and shall be accompanied by 

fees as described in Rule 280 of these rules. 

313.2314.2 When an applicant has requested accelerated permit processing, the Control 

Officer may, to the extent practicable, undertake to process the permit or permit revision 

in accordance with the following schedule: 

a. For applications for initial Title V and Non-Title V permits under Rules 210 and 220 

of these rules, for significant permit revisions under Rule 210 of these rules, or for 

non-minor permit revisions under Rule 220 of these rules, final action on the permit 

or on the permit revision shall be taken within 90 days or after the Control Officer 

determines that the application is complete for a Non-Title V source and within 120 

days after the Control Officer determines that the application is complete for a Title 

V source. Except for a new major source or a major modification subject to the 

requirements of Rule 240 of these rules, an application for a new permit, a 

significant permit revision, or a permit renewal shall be deemed to be complete 

63
unless the Control Officer notifies the applicant by certified mail within 30 days of 

receipt of the application that the application is not complete. 

b. For applications for coverage under a general permit under Rule 230 of these rules, 

final action shall be taken within 30 days after receipt of the application. 

c. For minor permit revisions governed by Rule 210 of these rules and Rule 220 of 

these rules, the permit revision shall be issued within 60 days after receipt of the 

application. 

313.3314.3 Before issuing a permit or permit revision pursuant to this section, the applicant 

shall pay to the Control Officer all fees due as described in Rule 280 of these rules. 

Nothing in this section shall affect the public participation requirements of Rules 210 or 

220 of these rules, or EPA and affected state review as required under Rule 210 of these 

rules. 

SECTION 400 – ADMINISTRATIVE REQUIREMENTS 

401 APPROVAL OR DENIAL OF PERMIT OR PERMIT REVISION: 

401.1 The Control Officer shall deny a permit or revision if the applicant does not demonstrate 

that every such source for which a permit or permit revision is sought is so designed, 

controlled, or equipped with such air pollution control equipment that the source may be 

expected to operate without emitting or without causing to be emitted air contaminants in 

violation of the provisions of these rules. 

401.2 Prior to acting on an application for a permit, the Control Officer may require the 

applicant to provide and to maintain such devices and procedures as are necessary for 

sampling and for testing purposes in order to secure information that will disclose the 

nature, extent, quantity, or degree of air contaminants discharged into the atmosphere 

from the source described in the application. In the event of such a requirement, the 

Control Officer shall notify the applicant in writing of the type and characteristics of such 

devices and procedures. 

401.3 In acting upon an application for a permit renewal, if the Control Officer finds that such 

source has not been constructed in accordance with any prior permit or revision issued 

pursuant to A.R.S. § 49-480.01, the Control Officer shall require the permittee to obtain a 

permit revision or shall deny the permit renewal. The Control Officer shall not accept any 

further application for a permit for such source so constructed until the Control Officer 

finds that such source has been reconstructed in accordance with a prior permit or a 

revision, or until a revision to the permit has been obtained. The Control Officer may 

issue a permit with a compliance schedule for a source that is not in compliance with all 

applicable requirements at the time of permit issuance. 

401.4 After a decision on a permit or on a permit revision, the Control Officer shall notify the 

applicant and any person who filed a comment on the permit pursuant to A.R.S. § 49-480 

or on the permit revision pursuant to A.R.S. § 49-480.01 in writing of the decision, and if 

the permit is denied, the reasons for such denial. Service of this notification may be made 

in person or by first class mail. The Control Officer shall not accept a further application 

unless the applicant has corrected the circumstances giving rise to the objections as 

specified by the Control Officer as reasons for such denial. 

402 PERMIT REOPENINGS; REVOCATION AND REISSUANCE; TERMINATION: 

402.1 Reopening For Cause: 

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a. Each issued permit shall include provisions specifying the conditions under which 

the permit will be reopened prior to the expiration of the permit. A permit shall be 

reopened and revised under any of the following circumstances: 

(1) Additional applicable requirements under the Act become applicable to a major 

source with a remaining permit term of three or more years. Such a reopening 

shall be completed not later than 18 months after promulgation of the applicable 

requirement. No such reopening is required if the effective date of the requirement is later than the date on which the permit is due to expire, unless the 

original permit or any of its terms and conditions has been extended pursuant to 

Section 403.2 of this rule. Any permit revision required pursuant to this rule 

shall comply with Section 403 of this rule for a permit renewal and shall reset 

the five year permit term. 

(2) Additional requirements, including excess emissions requirements, become 

applicable to an affected source under the acid rain program. Upon approval by 

the Administrator, excess emissions offset plans shall be deemed to be 

incorporated into the Title V permit. 

(3) The Control Officer or the Administrator determines that the permit contains a 

material mistake or that inaccurate statements were made in establishing the 

emissions standards or other terms or conditions of the permit. 

(4) The Control Officer or the Administrator determines that the permit must be 

revised or revoked to assure compliance with the applicable requirements. 

b. Proceedings to reopen and issue a permit, including appeal of any final action 

relating to a permit reopening, shall follow the same procedures as apply to initial 

permit issuance and shall, except for reopenings under Section 402.1a(1) of this rule, 

affect only those parts of the permit for which cause to reopen exists. Such reopening 

shall be made as expeditiously as is practicable. 

c. Action to reopen a permit under this section shall not be initiated before a notice of 

such intent is provided to the source by the Control Officer at least 30 days in 

advance of the date that the permit is to be reopened, except that the Control Officer 

may provide a shorter time period in the case of an emergency. 

d. When a permit is reopened and revised pursuant to this rule, the Control Officer may 

make appropriate revisions to the permit shield established pursuant to Rule 210 of 

these rules. 

402.2 Reopening For Cause By The Administrator: 

a. If the Administrator finds that cause exists to terminate, modify, or revoke and 

reissue a permit pursuant to Section 402.1 of this rule, the Administrator may notify 

the Control Officer and the permittee of such finding in writing. Within ten days of 

receipt of notice from the Administrator that cause exists to reopen a Title V permit, 

the Control Officer shall notify the source. 

b. Within 90 days of receipt of notice from the Administrator that cause exists to 

reopen a permit, the Control Officer shall forward to the Administrator a proposed 

determination of termination, modification, or revocation and reissuance of the 

permit. The Control Officer may request a 90 day extension of this limit if it is 

necessary to request a new or revised permit application or additional information 

from the applicant for, or holder of, a Title V permit. 

65
c. The Control Officer shall have 90 days from receipt of an objection by the 

Administrator to attempt to resolve the objection. 

403 PERMIT RENEWAL AND EXPIRATION: 

403.1 Prior to renewing a permit issued under these rules, the Control Officer shall provide 

notice in the same manner and form as provided in Rule 210 of these rules. 

403.2 The Control Officer shall not renew a permit issued under these rules unless the permittee 

applies for a permit renewal prior to the expiration of a permit in the manner required by 

Rule 210 of these rules. If a timely and complete application for a permit renewal is 

submitted, but the Control Officer has failed to issue or deny the renewal permit before 

the end of the term of the previous permit, then the permit shall not expire until the 

renewal permit has been issued or denied. Any testing that is required for a renewal shall 

be completed before the proposed permit renewal is issued by the Control Officer. 

403.3 The Control Officer shall publish notice of a permit renewal decision in the same manner 

as that provided in Rule 210 of these rules for a Title V permit and as that provided in 

Rule 220 of these rules for a Non-Title V permit. 

404 PERMIT TRANSFERS: 

404.1 Except as provided in A.R.S. § 49-429 and Section 404.2 of this rule, a Title V permit, a 

Non-Title V permit, or a General permit may be transferred to another person. Before the 

proposed transfer, the person who holds a valid Non-Title V permit or a valid General 

permit shall comply with the administrative permit revision procedures pursuant to Rule 

220, Section 405.1 of these rules. At least 30 days before the proposed transfer, the 

person who holds a valid Title V permit shall give notice to the Control Officer in writing 

and shall comply with the administrative permit amendment procedures pursuant to Rule 

210, Section 404 of these rules. Permit transfer notice shall contain the following: 

a. The permit number and expiration date. 

b. The name, address and telephone number of the current permit holder. 

c. The name, address and telephone number of the person to receive the permit. 

d. The name and title of the individual within the organization who is accepting 

responsibility for the permit along with a signed statement by that person indicating 

such acceptance. 

e. A description of the equipment to be transferred. 

f. A written agreement containing a specific date for transfer of permit responsibility, 

coverage, and liability between the current and new permittee. 

g. Provisions for the payment of any fees pursuant to Rule 280 of these rules that will 

be due and payable before the effective date of transfer. 

h. Sufficient information about the source's technical and financial capabilities of 

operating the source to allow the Control Officer to make the decision in Section 

404.2 of this rule including: 

(1) The qualifications of each person principally responsible for the operation of the 

source. 

66
(2) A statement by the chief financial officer of the new permittee that it is 

financially capable of operating the source in compliance with the law, and the 

information that provides the basis for that statement. 

(3) A brief description of any action for the enforcement of any federal or state law, 

rule or regulation, or any county, city or local government ordinance relating to 

the protection of the environment, instituted against any person employed by the 

new permittee and principally responsible for operating the source during the 

five years preceding the date of application. In lieu of this description, the new 

permittee may submit a copy of the certificate of disclosure or 10-K form 

required under A.R.S. § 49-109, or a statement that this information has been 

filed in compliance with A.R.S. § 49-109. 

404.2 The Control Officer shall deny the transfer if the Control Officer determines that the 

organization receiving the permit is not capable of operating the source in compliance 

with Article 3, Chapter 3, Title 49, Arizona Revised Statutes, the provisions of these 

rules, or the provisions of the permit. Notice of the denial stating the reason for the denial 

shall be sent to the original permit holder by certified mail stating the reason for the 

denial within ten working days of the Control Officer's receipt of the application. If the 

transfer is not denied within ten working days after receipt of the notice, the Control 

Officer shall approve such permit transfer. 

404.3 To appeal the transfer denial: 

a. Both the transferor and transferee shall petition the hearing board in writing for a 

public hearing; and 

b. The appeal process for a permit shall be followed. 

405 PERMITS CONTAINING THE TERMS AND CONDITIONS OF FEDERAL DELAYED 

COMPLIANCE ORDERS (DCO) OR CONSENT DECREES: 

405.1 The terms and conditions of either a DCO or consent decree shall be incorporated into a 

permit through a permit revision. In the event the permit expires prior to the expiration of 

the DCO or consent decree, the DCO or consent decree shall be incorporated into any 

permit renewal. 

405.2 The owner or operator of a source subject to a DCO or consent decree shall submit to the 

Control Officer a quarterly report of the status of the source and construction progress 

and copies of any reports to the Administrator required under the order or decree. The 

Control Officer may require additional reporting requirements and conditions in permits 

issued under this rule. 

405.3 For the purpose of this rule, sources subject to a consent decree issued by a federal court 

shall meet the same requirements as those subject to a DCO. 

406 APPEAL: Denial or revocation of a permit shall be stayed by the permittee's written petition for a 

hearing, filed in accordance with Rule 400 of these rules. 

407 AIR QUALITY IMPACT MODELS: 

407.1 Where the Control Officer requires a person to perform air quality impact modeling, the 

modeling shall be performed in a manner consistent with 40 CFR 51, Appendix W, 

“Guideline On Air quality Models”, as of July 1, 2004 (and no future amendments or 

additions), which shall be referred to hereinafter as "Guideline", and is adopted by 

reference. 

67
407.2 Model Substitution: Where the person can demonstrate that an air quality impact model 

specified in the guideline is inappropriate, the model may be modified or another model 

substituted. However, before such modification or substitution can occur, the Control 

Officer must make a written finding that: 

a. No model in the guideline is appropriate; or 

b. The data base required for the appropriate model in the guideline is not available; 

and 

c. A model proposed as a substitute or modification is likely to produce results equal or 

superior to those obtained by models in the guideline. 

408 TESTING PROCEDURES: Except as otherwise specified, the applicable testing procedures 

contained in the Arizona Testing Manual for Air Pollutant Emissions shall be used to determine 

compliance with standards or permit conditions established pursuant to these rules. 

409 PERMIT FEES: A fee shall be charged for each facility. No permit is valid until the applicable 

permit fee has been received and until the permit is issued by the Control Officer. 

410 PORTABLE SOURCES: 

410.1 An owner or operator of a portable source which will operate for the duration of its 

permit solely in Maricopa County shall obtain a permit from the Control Officer for 

Maricopa County and is subject to Sections 410.2, 410.3, and 410.4 of this rule. A 

portable source with a current State of Arizona permit need not obtain a Maricopa County 

permit but is subject to Sections 410.3, 410.4, and 410.5 of this rule. Any permit for a 

portable source shall contain conditions that will assure compliance with all applicable 

requirements at all authorized locations. 

410.2 An owner or operator of a portable source, which has a Maricopa County permit but 

proposes to operate outside of Maricopa County, shall obtain a permit from the Director. 

Upon issuance of a permit by the Director, the Control Officer shall terminate the 

Maricopa County permit for that source. If the owner or operator relocates the portable 

source in Maricopa County, the owner or operator shall notify the Control Officer as 

required by Section 410.4 of this rule of the relocation of the portable source. Whenever 

the owner or operator of a portable source operates a portable source in Maricopa 

County, such owner or operator shall comply with all regulatory requirements in these 

rules. 

410.3 An owner of a portable source, which requires a permit under this rule, shall obtain the 

permit prior to renting or leasing said portable source. This permit shall be provided by 

the owner to the renter or lessee, and the renter or lessee shall be bound by the permit 

provisions. In the event a copy of the permit is not provided to the renter or lessee, both 

the owner and the renter or lessee shall be responsible for the operation of the portable 

source in compliance with the permit conditions and any violations thereof. 

410.4 A portable source may be transported from one location to another within or across 

Maricopa County boundaries provided the owner or operator of such portable source 

notifies the Director and any Control Officer who has jurisdiction over the geographic 

area that includes the new location of the portable source by certified mail at least ten 

working days before the portable source is transported to the new location. The 

notification required under this rule shall include: 

68
a. A description of the portable source to be transported including the Maricopa County 

permit number or the State of Arizona permit number for such portable source; 

b. A description of the present location; 

c. A description of the location to which the portable source is to be transported, 

including the availability of all utilities, such as water and electricity, necessary for 

the proper operation of all control equipment; 

d. The date on which the portable source is to be moved; 

e. The date on which operation of the portable source will begin at the new location; 

and 

f. The duration of operation at the new location. 

410.5 An owner or operator of a portable source with a current State of Arizona permit that 

moves such portable source into Maricopa County shall notify the Control Officer that 

such portable source is being transported to a new location and shall include in such 

notification a copy of the State of Arizona permit and a copy of any conditions imposed 

by the State of Arizona permit. The source shall be subject to all regulatory requirements 

of these rules. 

 411 PUBLIC RECORDS; CONFIDENTIALITY: 

411.1 The Control Officer shall make all permits, including all elements required to be in the 

permit pursuant to Rule 210 of these rules and Rule 220 of these rules available to the 

public. 

411.2 A notice of confidentiality pursuant to A.R.S. § 49-487(c) shall: 

a. Precisely identify the information in the application documents, which is considered 

confidential. 

b. Contain sufficient supporting information to allow the Control Officer to evaluate 

whether such information satisfies the requirements related to trade secrets or, if 

applicable, how the information, if disclosed, could cause substantial harm to the 

person's competitive position. 

411.3 Within 30 days of receipt of a notice of confidentiality that complies with Section 411.2 

of this rule, the Control Officer shall make a determination as to whether the information 

satisfies the requirements for trade secret or competitive position pursuant to A.R.S. § 49-

487(C)(1) and so notify the applicant in writing. If the Control Officer agrees with the 

applicant that the information covered by the notice of confidentiality satisfies the 

statutory requirements, the Control Officer shall include a notice in the administrative 

record of the permit application that certain information has been considered confidential. 

SECTION 500 - MONITORING AND RECORDS (NOT APPLICABLE) 

69
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

201202 AREA ACCESSIBLE TO THE PUBLIC 

202203 BULK MATERIAL 

203204 BULK MATERIAL HANDLING, STORAGE, AND/OR TRANSPORTING OPERATION 

204205 CONTROL MEASURE 

205206 DISTURBED SURFACE AREA 

206207 DUST CONTROL IMPLEMENT 

207208 DUST CONTROL PLAN 

208209 DUST GENERATING OPERATION 

209210 DUST SUPPRESSANT 

210211 EARTHMOVING OPERATION 

212 EMERGENCY

213 EMERGENCY ACTIVITY

214 END OF WORK DAY

211215 FREEBOARD 

212216 FUGITIVE DUST 

213217 GRAVEL PAD 

214218 GRIZZLY 

215219 HAUL TRUCK 

216220 MOTOR VEHICLE 

217221 NORMAL FARM CULTURAL PRACTICE 

218222 OFF-ROAD VEHICLE 

219 OPEN AREAS AND VACANT LOTS

223 OPEN STORAGE PILE

220224 OWNER AND/OR OPERATOR 

221225 PAVE 

226 PROPERTY LINE

222227 PUBLIC ROADWAYS 

223228 ROUTINE 

224229 SILT 

225230 TRACKOUT/CARRYOUT 

226231 TRACKOUT CONTROL DEVICE 

227232 UNPAVED HAUL/ACCESS ROAD 

228233 UNPAVED PARKING LOT 

229234 UNPAVED ROAD 

230 URBAN OR SUBURBAN OPEN AREA

231 VACANT LOT

232 VACANT PARCEL

233235 WIND-BLOWN DUST 

234236 WIND EVENT 

235237 WORK SITE 

SECTION 300 - STANDARDS 

301 GENERAL REQUIREMENTS FOR DUST GENERATING OPERATIONS

70
301302 OPACITY LIMITATION FOR DUST GENERATING OPERATIONS PERMIT 

REQUIREMENTS FOR DUST GENERATING OPERATIONS

302303 STABILIZATION REQUIREMENTS FOR DUST GENERATING OPERATIONS VISIBLE 

EMISSIONS REQUIREMENTS FOR DUST GENERATING OPERATIONS

303304 DUST CONTROL PLAN REQUIRED STABILIZATION REQUIREMENTS FOR DUST 

GENERATING OPERATIONS

304305 ELEMENTS OF A DUST CONTROL PLAN CONTROL MEASURES FOR DUST 

GENERATING OPERATIONS

305306 DUST CONTROL PLAN REVISIONS TRACKOUT, CARRY-OUT, SPILLAGE, AND/OR 

EROSION

306307 CONTROL MEASURES SOIL MOISTURE

307308 PROJECT INFORMATION SIGN PROJECT INFORMATION SIGN FOR DUST 

GENERATING OPERATIONS

308309 WORK PRACTICES DUST CONTROL TRAINING CLASSES FOR DUST GENERATING 

OPERATIONS

310 DUST CONTROL COORDINATOR FOR DUST GENERATING OPERATIONS

SECTION 400 - ADMINISTRATIVE REQUIREMENTS 

401 DUST CONTROL PLAN POSTING DUST CONTROL PERMIT REQUIREMENTS

402 COMPLIANCE SCHEDULE DUST CONTROL PLAN REQUIREMENTS

403 DUST CONTROL PLAN REVISIONS

404 DUST CONTROL PERMIT-BLOCK PERMIT REQUIREMENTS

405 APPROVAL OR DENIAL OF PERMIT APPLICATIONS FOR DUST GENERATING 

OPERATIONS

406 TERMS FOR PERMITS FOR DUST GENERATING OPERATIONS

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 

TABLE 1

TABLE 2

TABLE 3

TABLE 4

TABLE 5

TABLE 6

TABLE 7

TABLE 8

TABLE 9

TABLE 10

TABLE 11

TABLE 12

TABLE 13

TABLE 14

TABLE 15

TABLE 16

TABLE 17

TABLE 18

TABLE 19

TABLE 20

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TABLE 21

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Revised 07/13/88 

Revised 07/06/93 

Revised 09/20/94 

Revised 06/16/99 

Revised 02/16/00 

Revised 04/07/04 

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 following are exempt from the requirements of this rule: normal farm 

cultural practices under Arizona Revised Statutes (A.R.S.) § 49-457 and § 49-504.4, and open 

areas, vacant lots, unpaved parking lots, and unpaved roadways that are not located at sources that 

require any permit under these rules. 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)

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.

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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 Establishing 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.

103.7 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.

SECTION 200 - DEFINITIONS: For the purpose of this rule, the following definitions shall apply. See 

Rule 100-General Provisions And Definitions of these rules for definitions of terms that are used but not 

specifically defined in this rule. 

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

Township 8 North, Range 2 East and Range 3 East

Township 7 North, Range 2 West through Range 5 East

Township 6 North, Range 5 West through Range 6 East

Township 5 North, Range 5 West through Range 7 East

Township 4 North, Range 5 West through Range 8 East

Township 3 North, Range 5 West through Range 8 East

Township 2 North, Range 5 West through Range 8 East

Township 1 North, Range 5 West through Range 7 East

Township 1 South, Range 5 West through Range 7 East

Township 2 South, Range 5 West through Range 7 East

Township 3 South, Range 5 West through Range 1 East

Township 4 South, Range 5 West through Range 1 East

201202 AREA ACCESSIBLE TO THE PUBLIC – Any retail parking lot or public roadway that is open

accessible to public travel primarily for purposes unrelated to the dust generating operation. 

202203 BULK MATERIAL - Any material, including, but not limited to, the following materials earth, 

rock, silt, sediment, sand, gravel, soil, fill, aggregate less than 2 inches in length or diameter (i.e., 

aggregate base course (ABC)), earth, soil, dirt, mud, demolition debris, cotton, trash, cinders, 

pumice, rock, saw dust, feeds, grains, fertilizers, fluff (from shredders), and dry concrete, that are 

capable of producing fugitive dust.:

203.1 Earth

203.2 Rock

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])

74
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

203204 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 the loading, unloading, conveying, transporting, piling, stacking, screening, 

grading, or moving of bulk materials, 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

204205 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: 

204.1205.1 Curbing; 

204.2205.2 Paving; 

204.3205.3 Pre-wetting Pre-watering; 

204.4205.4 Applying dust suppressants; 

204.5205.5 Physically stabilizing with vegetation, gravel, recrushed/recycled asphalt or other 

forms of physical stabilization; 

204.6205.6 Limiting, restricting, phasing and/or rerouting motor vehicle access; 

204.7205.7 Reducing vehicle speeds and/or number of vehicle trips; 

204.8205.8 Limiting use of off-road vehicles on open areas and vacant lots; 

204.9205.9 Utilizing work practices and/or structural provisions to prevent wind and water 

erosion onto paved areas accessible to the public; 

204.10205.10 Appropriately using dust control implements; 

204.11205.11 Installing one or more grizzlies, gravel pads, and/or wash down pads adjacent to 

the entrance of a paved area accessible to the public to control carry-out and 

trackout; 

204.12205.12 Keeping open-bodied haul trucks in good repair, so that spillage may not occur 

from beds, sidewalls, and tailgates; and 

204.13205.13 Covering the cargo beds of haul trucks to minimize wind-blown dust emissions and 

spillage. 

205206 DISTURBED SURFACE AREA – A portion of the earth's surface (or material placed 

thereupon) which or material placed on the earth’s surface that has been physically moved, 

uncovered, destabilized, or otherwise modified from its undisturbed native condition, thereby 

increasing the potential for the emission of fugitive dust. if the potential for the emission of 

fugitive dust is increased by the movement, destabilization, or modification. For the purpose of 

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this rule, 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 301 and Section 302 of this rule.

206207 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. 

207208 DUST CONTROL PLAN - A written plan describing all fugitive dust 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.

208209 DUST GENERATING OPERATION - Any activity capable of generating fugitive dust, 

including but not limited to, the following activities: land clearing, earthmoving, weed abatement 

by discing or blading, excavating, construction, demolition, bulk material handling, storage and/or 

transporting operations, vehicle use and movement, the operation of any outdoor equipment, or 

unpaved parking lots. For the purpose of this rule, landscape maintenance and playing on or 

maintaining a field used for non-motorized sports shall not be considered a dust generating 

operation. However, landscape maintenance shall not include grading, trenching, or any other 

mechanized surface disturbing activities performed to establish initial landscapes or to redesign 

existing landscapes.

208.1209.1 Land clearing, maintenance, and land cleanup using mechanized equipment

208.2209.2 Earthmoving

208.3209.3 Weed abatement by discing or blading

208.4209.4 Excavating

208.5209.5 Construction

208.6209.6 Demolition

208.7209.7 Bulk material handling (e.g., bulk material hauling and/or transporting, bulk 

material stacking, loading, and unloading operations)

208.8209.8 Storage and/or transporting operations (e.g., open storage piles, bulk material 

hauling and/or transporting, bulk material stacking, loading, and unloading 

operations)

208.9209.9 Operation of any outdoor equipment

208.10209.10 Operation of motorized machinery

208.11209.11 Establishing and/or using staging areas, parking areas, material storage areas, or 

access routes to and from a site

208.12209.12 Establishing and/or using unpaved haul/access roads to, from, and within a site

208.13209.13 Disturbed surface areas associated with a site

208.14209.14 Installing initial landscapes using mechanized equipment

209210 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. 

210211 EARTHMOVING OPERATION – The use of any equipment for an activity which may 

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

grading, leveling, excavating, trenching, loading or unloading of bulk materials, demolishing, 

blasting, drilling, adding to or removing bulk materials from open storage piles, back filling, soil 

mulching, landfill operations, or weed abatement by discing or blading.

211.1 Cutting and filling

211.2 Grading

211.3 Leveling

211.4 Excavating

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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

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 technology-based 

emission limitation under the permit, 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 WORK DAY - The end of a working period that may include one or more work shifts 

but not later than 8 pm.

211215 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. 

212216 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. 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.

213217 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 area accessible to the 

public and a work site entrance 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.

214218 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. 

215219 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. 

216220 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 

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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. 

217221 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. 

218222 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. 

219 OPEN AREAS AND VACANT LOTS - Any of the following described in Section 219.1 

through Section 219.4 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 open area or vacant lot.

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

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

219.2 A subdivided residential, industrial, institutional, governmental, or commercial lot that 

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

nature.

219.3 A partially developed residential, industrial, institutional, governmental, or commercial 

lot.

219.4 A tract of land, in the nonattainment area, adjoining agricultural property.

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

which in any one point attains a height of three feet and a total surface area of 150 square feet or 

more. 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%.

220224 OWNER AND/OR OPERATOR – The person responsible for obtaining an earthmoving permit 

under Rule 200, Section 305, 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 dust generating 

operation subject to the requirements of this rule. 

221225 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.

222227 PUBLIC ROADWAYS – Any roadways that are open to public travel. 

223228 ROUTINE – Any dust generating operation which occurs more than 4 times per year or lasts 30 

cumulative days or more per year. 

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224229 SILT– Any aggregate material with a particle size less than 75 micrometers in diameter, which 

passes through a No. 200 Sieve. 

225230 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 area accessible to the public. 

226231 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 area accessible to the public 

that controls or prevents vehicular trackout. 

227232 UNPAVED HAUL/ACCESS ROAD – Any on-site unpaved road used by commercial, 

industrial, institutional, and/or governmental traffic. 

228233 UNPAVED PARKING LOT – Any area larger than 5,000 square feet 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, maneuvering shall not include military maneuvers or exercises 

conducted on federal facilities.

229234 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.

230 URBAN OR SUBURBAN OPEN AREA – The definition of urban or suburban open area is 

included in Section 219-Definition Of Open Areas And Vacant Lots of this rule.

231 VACANT LOT – The definition of vacant lot is included in Section 219-Definition Of Open 

Areas And Vacant Lots of this rule.

232 VACANT PARCEL – The definition of vacant parcel is included in Section 219-Definition Of 

Open Areas And Vacant Lots of this rule.

233235 WIND-BLOWN DUST - Visible emissions, from any disturbed surface area, that are generated 

by wind action alone. 

234236 WIND EVENT – When the 60-minute average wind speed is greater than 25 miles per hour. 

235237 WORK SITE – Any property upon which any dust generating operations and/or earthmoving 

operations occur. 

SECTION 300 – STANDARDS 

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.

301.3 Control measures described in Section 305 of this rule.

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

rule.

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

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 dust 

generating 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 dust 

generating 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.

302.3 No person shall commence 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 IIPermits 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. 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.

302.6 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.

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

or permit revision required under this rule.

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301303 VISIBLE EMISSIONS REQUIREMENTS FOR DUST GENERATING OPERATIONS:

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

emissions to exceed 20% opacity as tested by methods described in Appendix C of these rules.

303.1 Dust Generating Operation Opacity Limitation 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:

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

visible fugitive dust emissions to exceed 20% opacity.

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.

303.2 Exemptions From Dust Generating Operation Opacity Limitation Requirement:

301.1a. Wind Event: Exceedances of the opacity limit described in Section 303.1(a) 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: 

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

control measures in Tables 20 & 21 was were applied and maintained;:

(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 work day, 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;

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(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) The 20% opacity exceedance Exceedances of the opacity limit described in 

Section 303.1(a) 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 

(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 Environmental Services Department Air Quality Division

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. 

301.2b. Emergency Maintenance Of Flood Control Channels And Water Retention 

Basins: No opacity limitation shall The opacity limit described in Section 303.1(a) 

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

water retention basins, provided that control measures are implemented. 

301.3c. Vehicle Test And Development Facilities And Operations: No opacity 

limitation shall The opacity 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.

302304 STABILIZATION REQUIREMENTS FOR DUST GENERATING OPERATIONS: 

302.1304.1 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 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 

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

302.2304.2 Unpaved Haul/Access Road: 

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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 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 

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

b. The owner and/or operator of any unpaved haul/access road (including 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 subsection section of this rule, the owner and/or operator must 

include, in a Dust Control Plan, 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. 

302.3304.3 Open Area And Vacant Lot Or Disturbed Surface Area: The owner and/or 

operator of an open area and/or vacant lot or any disturbed surface area on which no 

activity is occurring (including at a work site that is under construction or a work site that 

is temporarily or permanently inactive) shall meet at least 1 one of the standards 

described in Sections 302.3(a) through 302.3(g) Sections 304.3(a) through 304.3(g)

below, as applicable. Should a disturbed open area and/or vacant lot or any disturbed 

surface area on which no activity is occurring contain more than one type of disturbance

visibly distinguishable stabilization characteristics, soil, vegetation, or other characteristics, which are visibly distinguishable, 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, according to the appropriate test methods in 

Appendix C of these rules, and include or eliminate it from the total size assessment of 

disturbed surface area(s) depending upon test method results in accordance with the 

appropriate test methods described in Section 501.2(c) of this rule and in Appendix CFugitive Dust Test Methods of these rules. The owner and/or operator of such inactive 

disturbed surface area 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 1 one of the standards listed below, as applicable. 

a. Maintain a visible soil crust; 

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

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

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; 

83
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. of the Environmental 

Protection Agency (EPA).

302.4304.4 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. 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. Control measures for specific dust generating 

operations are described in Section 305.1 through Section 305.12 of this rule.

305.1 Off-Site Hauling: The owner and/or operator of a dust generating operation that involves 

off-site hauling shall implement the following control measures:

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 highest point at which the bulk material contacts 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 cargo compartment with a tarp or other suitable closure.

b. When cargo compartment is empty:

(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 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 

84
the work site but not crossing a paved area accessible to the public shall implement one 

of the following control measures:

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

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 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 area accessible to the 

public shall implement all of the following control measures:

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

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

be higher than the highest point at which the bulk material contacts 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 area accessible to the public, 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.

305.4 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

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.

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

involves an open storage pile shall implement the following control measures, as 

applicable:

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

(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:

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(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

(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) Maintain a soil crust; or

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

305.5(b)(3) of this rule and construct and maintain wind barriers, storage silos, 

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

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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 dust 

generating 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

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 crust and to prevent wind 

erosion.

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:

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;

(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

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(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 windblown 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 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

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(2) All work sites where 100 cubic yards of bulk materials are hauled on-site and/or 

off-site per day.

b. Control Measures: 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 216 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.

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 crust is maintained or the soil is sufficiently damp to 

prevent loose grains of soil from becoming dislodged.

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 permit-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:

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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.

c. 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.

309.2 Comprehensive Dust Control Training Class: 

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.

310 DUST CONTROL COORDINATOR FOR DUST GENERATING OPERATIONS:

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 dust 

generating 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 

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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.

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 

that is issued by the Control Officer and that requires control of PM10 emissions from 

dust generating operations, shall have on sites with greater 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 of this rule.

a. 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.

b. The requirements of Section 310.7 of this rule shall not apply to the permittee subject 

to Section 309.1 of this rule.

303 DUST CONTROL PLAN REQUIRED:

303.1 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 earthmoving 

operations with a disturbed surface area that equals or exceeds 0.10 acre, including both 

of the following situations:

a. When submitting an application for an earthmoving permit involving earthmoving 

operations that would equal or exceed 0.10 acre, 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.

Compliance with this section does not affect an owner and/or operator’s responsibility to 

comply with the other standards of this rule. The Dust Control Plan shall describe all 

control measures to be implemented before, after, and while conducting any dust 

generating operation, including during weekends, after work hours, and on holidays.

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303.2 A Dust Control Plan shall, at a minimum, contain all the information described in Section 

304 of this rule. 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. Failure to comply with the provisions of an approved 

Dust Control Plan is deemed to be a violation of this rule. Regardless of whether an 

approved Dust Control Plan is in place or not, the owner and/or operator of a dust 

generating operation is still subject to all requirements of this rule at all times. In 

addition, the owner and/or operator of a source with an approved Dust Control Plan is 

still subject to all of the requirements of this rule, even if such owner and/or operator is 

complying with the approved Dust Control Plan.

303.3 At least one primary control measure and one contingency control measure must be 

identified in the Dust Control Plan for all fugitive dust sources. 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 under Section 305 of this rule.

303.4 A Dust Control Plan shall not be required for any of the following activities:

a. To play on or maintain a field used for non-motorized sports;

b. For landscape maintenance, which, for the purpose of this rule, does not include 

grading, trenching, nor or any other mechanized surface disturbing activities; and

c. To establish initial landscapes or to redesign existing landscapes of legallydesignated public parks and recreational areas, including national parks, national 

monuments, national forests, state parks, city parks, county regional parks, ballfields, 

camp sites, and playgrounds at camp sites; hiking paths, horse trails, and bicycle 

paths that are used exclusively for purposes other than travel by motor vehicles; (for 

the purpose of this rule, establishing initial landscapes or redesigning existing 

landscapes does not include grading, trenching, or any other mechanized surface 

disturbing activities).

 

304 ELEMENTS OF A DUST CONTROL PLAN: A Dust Control Plan shall contain, at a minimum, 

all of the following information:

304.1 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.

304.2 A drawing, on 81⁄2” x 11” paper, that shows: 

a. Entire project site/facility boundaries,

b. Acres to be disturbed with linear dimensions,

c. Nearest public roads,

d. North arrow, and 

e. Planned exit locations onto paved areas accessible to the public.

304.3 Control measures, or a combination thereof, to be applied to all actual and potential dust 

generating operations, before, after, and while conducting any dust generating operation, 

including during weekends, after work hours, and on holidays. 

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a. All required control measures from Tables 1-21 and at least one contingency control 

measure must be identified, for all dust generating operations. 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(s) is effective to comply with all of the requirements of this rule, the owner 

and/or operator need not revise the Dust Control Plan under Section 305 of this rule. 

b. Alternatively, a control measure(s) that is not listed in Tables 1-21 of this rule may

be chosen, provided that such control measure(s) is implemented to comply with the 

standard(s) described in Section 301 and Section 302 of this rule, as determined by 

the corresponding test method(s), as applicable, and meets other applicable 

standard(s) set forth in this rule.

c. If complying with Section 302.2(b)-Stabilization Requirements For Fugitive Dust 

Sources-Unpaved Haul/Access Road of this rule, the Dust 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).

304.4 Dust suppressants to be applied, including all of the following product specifications or 

label instructions for approved usage:

a. Method, frequency, and intensity of application;

b. Type, number, and capacity of application equipment; and

c. Information on environmental impacts and approvals or certifications related to 

appropriate and safe use for ground application.

304.5 Specific surface treatment(s) and/or control measures utilized to control material trackout 

and sedimentation where unpaved and/or access point join paved areas accessible to the 

public.

304.6 For construction projects one acre or larger, except for routine maintenance and repair 

done under a 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.

305 DUST CONTROL PLAN REVISIONS: 

305.1 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 standards in 

Section 301 and Section 302 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. 

305.2 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. 

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306 CONTROL MEASURES:

306.1 The owner and/or operator of a dust generating operation shall implement control 

measures before, after, and while conducting operations, including during weekends, 

after work hours, and on holidays, in accordance with Section 304.3 and Tables 1-21 of 

this rule.

306.2 For the purpose of this rule, any control measure that is implemented must achieve the 

applicable standard(s) described in Sections 301 and 302 of this rule, as determined by 

the corresponding test method(s), as applicable, and must achieve other applicable 

standard(s) set forth in this rule.

306.3 Failure to comply with the provisions of Section 308 (Work Practices) of this rule, as 

applicable, and/or of an approved Dust Control Plan, is deemed a violation of this rule.

306.4 Regardless of whether a dust generating 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 is still subject to all requirements of this rule at all times.

307 PROJECT INFORMATION SIGN: For all sites with an earthmoving permit that are five acres or 

larger, except for routine maintenance and repair done under a block permit, the owner and/or 

operator shall erect and maintain a project information sign at the main entrance, that is readable 

by the public. 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:

307.1 Project name and permit holder,

307.2 Earthmoving Permit number,

307.3 Name and phone number of person(s) responsible for conducting the project, and

307.4 Text stating: “Dust Complaints? Call Maricopa County Environmental Services 

Department (insert the current/accurate phone number for the complaint phone line).”

308 WORK PRACTICES: When engaged in the following specific activities, the owner and/or 

operator of a dust generating operation shall comply with the following work practices in addition 

to implementing, as applicable, the control measures described in Tables 1-21 of this rule.

308.1 Bulk Material Hauling Off-Site Onto Paved Areas Accessible to the Public: 

Notwithstanding other sections of this rule, the owner and/or operator of a dust 

generating operation and the owner and/or operator of a haul truck shall do all of the 

following:

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

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

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

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

d. Before the empty haul truck leaves the site, clean the interior of the cargo 

compartment or cover the cargo compartment.

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308.2 Bulk Material Hauling On-Site Within the Boundaries of The Work Site: When crossing 

a paved area accessible to the public while construction is underway, the owner and/or 

operator of a dust generating operation shall do all of the following:

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

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

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

c. Install 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 such work site. Examples of trackout control devices are 

described in Table 17 of this rule.

308.3 Trackout, Carry-Out, Spillage, and/or Erosion: The owner and/or operator of a dust 

generating operation shall do all of the following:

a. Install, maintain and use a suitable trackout control device (examples of trackout 

control devices are described in Table 17–Trackout Control of this rule) 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 such operation 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. Clean up, trackout, carry-out, spillage, and/or erosion, on the following timeschedule:

(1) Immediately, when trackout, carry-out, or spillage extends a cumulative distance 

of 50 linear feet or more; and

(2) At the end of the workday, for all other trackout, carry-out, spillage, and/or 

erosion.

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

shall implement one or more control measure(s) described in Table 3–Unpaved 

Haul/Access Roads of this rule, before using or maintaining unpaved haul/access roads.

308.5 Easements, Rights-Of-Way, and Access Roads for Utilities (Electricity, Natural Gas, Oil, 

Water, and Gas Transmission) Associated with Sources that have a 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 shall do at least one of the following: 

a. Inside the PM10 nonattainment area, restrict vehicular speeds to 15 miles per hour 

and vehicular trips to no more than 20 per day per road;

b. Outside the PM10 nonattainment area, restrict vehicular trips to no more than 20 per 

day per road; or

c. Implement control measures, as described in Table 3–Unpaved Haul/Access Roads 

of this rule.

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308.6 Open Storage Piles: For the purpose of this rule, an open storage pile is any accumulation 

of bulk material with a 5% or greater silt content which in any one point attains a height 

of three feet and covers a total surface area of 150 square feet or more. Silt content shall 

be assumed to be 5% or greater unless a person can show, by testing in accordance with 

ASTM Method C136-96A or other equivalent method approved in writing by the Control 

Officer and the Administrator of EPA, that the silt content is less than 5%. The owner 

and/or operator of such dust generating operation shall comply with all of the following:

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

with one of the following work practices:

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

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

b. When not conducting stacking, loading, and unloading operations, comply with one 

of the following work practices:

(1) Cover open storage piles with tarps, plastic, or other material to prevent wind 

from removing the coverings;

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

determined by ASTM Method D2216-98, or other equivalent methods approved 

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

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

ASTM Method D1557-91 (1998) or other equivalent methods approved by the 

Control Officer and the Administrator of EPA, maintain at least 70% of the 

optimum soil moisture content;

(3) Meet one of the stabilization requirements described in Section 302.3 of this 

rule; or

(4) Construct and maintain wind barriers, storage silos, or a three-sided enclosure 

with walls, whose length is no less 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%. If

implementing this subsection, the owner and/or operator must also implement 

either Section 308.6(b)(2) or Section 308.6(b)(3) above.

308.7 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 on-site (e.g., water truck, water hose) while conducting any 

earthmoving operations on disturbed surface areas 1 acre or larger, unless a visible crust 

is maintained or the soil is sufficiently damp to prevent loose grains of soil from 

becoming dislodged.

308.8 Weed Abatement by Discing or Blading: The owner and/or operator of a dust 

generating operation shall comply with all of the following during weed abatement 

procedures by discing or blading:

a. Apply water before weed abatement by discing or blading occurs; and

b. Apply water while weed abatement by discing or blading is occurring; and 

c. Either:

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(1) Pave, apply gravel, apply water, or apply a suitable dust suppressant, in 

compliance with Section 302.3 of this rule, after weed abatement by discing or 

blading occurs; or

(2) Establish vegetative ground cover in sufficient quantity, in compliance with 

Section 302.3 of this rule, after weed abatement by discing or blading occurs.

SECTION 400 - ADMINISTRATIVE REQUIREMENTS 

401 DUST CONTROL PLAN POSTING: The owner and/or operator of an earthmoving operation 

shall post a copy of the approved Dust Control Plan in a conspicuous location at the work site, 

within on-site equipment, or in an on-site vehicle, or shall otherwise keep a copy of the approved 

Dust Control Plan available on-site at all times. The owner and/or operator of a dust generating 

operation that has been issued a Block Permit shall not be required to keep a copy of the 81⁄2” by 

11” site drawing according to Section 304.2 of this rule. DUST CONTROL PERMIT 

REQUIREMENTS:

401.1 To apply for a Dust Control permit, applicants shall complete Maricopa County’s 

“Application For Dust Control Permit” form and shall supply all information required by 

the following three sections of the form:

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.

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 COMPLIANCE SCHEDULE: The requirements of this rule supercede any conflicting 

requirements that may be found in existing Dust Control Plans. DUST CONTROL PLAN 

REQUIREMENTS:

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402.1 For Earthmoving Permits: If any changes to a Dust Control Plan, associated with an 

Earthmoving Permit, are necessary as a result of the most recent revisions of this rule, 

such changes shall not be required until the Earthmoving Permit is required to be 

renewed. 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 For Non-Title V Permits And For Title V Permits: If any changes to a Dust Control Plan, 

associated with a Non-Title V Permit or with a Title 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 220 and Rule 210 of these rules respectively, no later than 6 

months after the effective date of the most recent revisions to this rule. 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 complete Maricopa 

County’s “Application For Dust Control Permit” and submit such information as a Dust 

Control Plan. 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,

(3) Nearest public roads,

(4) North arrow, and 

(5) Planned exit locations onto paved areas accessible to the public.

c. Appropriate control measures, or a combination thereof, as described in Section 305 

of this rule, for every actual and potential dust generating operation.

(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. Should any primary control 

measure(s) prove ineffective, the owner and/or operator shall immediately 

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implement the contingency control measure(s). If the identified contingency 

control measure(s) is effective to comply with all of the requirements of this 

rule, the owner and/or operator need not revise the Dust Control Plan.

(3) A control measure that is not listed in Section 305 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 of this rule, the Dust 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 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 permit-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 At least one primary control measure and one contingency control measure must be 

identified in the Dust Control Plan for all dust generating sources. 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 

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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. 

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 dust 

generating operation change, the 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 

Non-Title 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 PERMIT-BLOCK PERMIT REQUIREMENTS:

404.1 A Dust Control permit-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. 

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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 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 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 permit-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 

permit-Block permit application.

b. A list of all sites, including the location and size of each site, shall be submitted to 

the Control Officer with the Dust Control permit-Block permit application.

c. For any project not listed in the Dust Control permit-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.

404.3 The dust generating operation(s) shall commence within 12 months of the Dust Control 

permit-Block permit issuance.

404.4 The Dust Control permit-Block permit will cover crews that work for the municipalities 

and/or utilities, including subcontractors. However, municipalities and/or utilities shall 

retain overall authority for dust control on the project.

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 permit-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.

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 

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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.

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 a source engaging in dust 

generating operations shall be conducted in accordance with Appendix C, Section 3-

Time Averaged Methods Of 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. 

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 1 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 

constitutes 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 

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Unpaved Parking Lots of these rule. When more than 1 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 constitutes shall constitute a violation of this 

rule. 

c. Open Area And Vacant Lot Disturbed Surface Area: Stabilization observations for 

an open area and vacant lot or 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 subsection Section 501.2(c)(1) through subsection

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 1 one of the 

standards described in subsection 302.3 Section 304.3 of this rule, as applicable. 

(1) Appendix C, Section 2.3-Test Methods For Stabilization-Visible Soil Crust 

Determination-The Drop Ball/Steel 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 

(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 of the EPA. 

502 RECORDKEEPING: 

502.1 Any person who conducts dust generating operations that require a Dust Control Plan 

shall keep a daily written log 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, and dust suppressant application. Such written record shall also include the 

actual application or implementation of the control measures delineated in the approved 

Dust Control Plan (including records on any street sweeping, water applications, and 

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maintenance of trackout control devices, gravel pads, fences, wind barriers, and tarps).

following information:

a. Method, frequency, and intensity of application or implementation of the control 

measures;

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 

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 within 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: Copies 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 shall be retained 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. Copies of approved Dust Control Plans, control measures 

implementation records, and all supporting documentation shall be retained for at least 1 year 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 retain records required by this rule for at least 5

five years from the date such records are established. 

504 TEST METHODS ADOPTED BY REFERENCE: The test methods listed in this section are 

adopted by reference. These adoptions 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 

Environmental Services Department Maricopa County Air Quality Department, 1001 North 

Central Avenue, Phoenix, AZ, 85004-1942. 

504.1 ASTM Method C136-96A C136-06 (“Standard Test Method For Sieve Analysis Of Fine 

And Coarse Aggregates”), 1996 2006 edition. 

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504.2 ASTM Method D2216-98 D2216-05 (“Standard Test Method For Laboratory 

Determination Of Water (Moisture) Content Of Soil And Rock By Mass”), 1998 2005

edition. 

504.3 ASTM Method D1557-91(1998) D1557-02e1 (“Test Method For Laboratory Compaction 

Characteristics Of Soil Using Modified Effort (56,000 ft-lbf/ft3 (2,700 kN-m/m3

)”), 1998

2002 edition. 

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Table 1

Vehicle Use In Open Areas And Vacant Lots

a. An owner and/or operator must implement one of the following control measures:

 1. Restrict trespass by installing signs; or

 2. Install physical barriers such as curbs, fences, gates, posts, signs, shrubs, and/or trees to prevent 

access to the area.

Table 2

Unpaved Parking Lots

a. An owner and/or operator must implement one of the following control measures:

 1. Pave;

 2. Apply and maintain gravel, recycled asphalt, or other suitable material, in compliance with Section 

302.1 of this rule; or

 3. Apply a suitable dust suppressant in compliance with Section 302.1 of this rule.

b. Suggested additional control measure for contingency plans:

 1. Limit vehicle speeds to 15 m.p.h. on the site.

Table 3

Unpaved Haul/Access Roads

a. An owner and/or operator must implement one of the following control measures:

 1. Limit vehicle speed to 15 m.p.h or less and limit vehicular trips to no more than 20 day;

 2. Apply water, so that the surface is visibly moist in compliance with Section 302.2 of this rule;

 3. Pave;

 4. Apply and maintain gravel, recycled asphalt, or other suitable material, in compliance with Section 

302.2 of this rule; or

 5. Apply a suitable dust suppressant, in compliance with Section 302.2 of this rule.

Table 4

Open Areas And Vacant Lots

a. An owner and/or operator must implement one of the following control measures to comply with 

Section 302.3 of this rule:

 1. Pave, apply gravel, or apply a suitable dust suppressant;

 2. Establish vegetative ground cover in sufficient quantity; or

 3. Restore area such that the vegetative ground cover and soil characteristics are similar to adjacent 

or nearby undisturbed native conditions.

Table 5

Disturbed Surface Areas – Pre-Activity Work Practices

a. Before activity begins, an owner and/or operator must 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.

Table 6

Disturbed Surface Areas – Work Practices During Operations

a. During operations, an owner and/or operator must implement one of the following control measures:

 1. Apply water or other suitable dust suppressant, in compliance with Section 301 of this rule;

 2. Apply water as necessary to maintain a soil moisture content at a minimum of 12%, as determined 

by ASTM Method D2216-98 or other equivalent method as approved by the Control Officer and 

the Administrator of EPA. For areas that have an optimum moisture content for compaction of less 

than 12%, as determined by ASTM Method D1557-91 (1998) or other equivalent method 

approved by the Control Officer and the Administrator of EPA, maintain at least 70% of the 

optimum soil moisture content; or

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 3. Implement (a)(1) or (a)(2) above 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 windblown 

material leaving a site.

b. Suggested additional control measure for contingency plans:

 1. Limit vehicle speeds to 15 m.p.h on the work site.

Table 7

Disturbed Surface Areas – Temporary Stabilization (Up To 8 Months)

During Weekends, After Work Hours, And On Holidays

a. An owner and/or operator must implement one of the following control measures to comply with 

Section 302.3 of this rule:

 1. Pave, apply gravel, or apply a suitable dust suppressant;

 2. Establish vegetative ground cover in sufficient quantity; or

 3. Implement (a)(1) or (a)(2), above, and restrict vehicular access to the area.

Table 8

Disturbed Surface Areas – Permanent Stabilization

(Required Within 8 Months Of Ceasing Dust Generating Operations)

a. An owner and/or operator must implement one of the following control measures to comply with 

Section 302.3 of this rule:

 1. Pave, apply gravel, or apply a suitable dust suppressant;

 2. Establish vegetative ground cover in sufficient quantity; or

 3. Restore area such that the vegetative ground cover and soil characteristics are similar to adjacent 

or nearby undisturbed native conditions.

Table 9

Blasting Operations

a. An owner and/or operator must implement all of the following control measures:

 1. In wind gusts above 25 m.p.h., discontinue blasting; and

 2. Pre-water and maintain surface soils in a stabilized condition where support equipment and 

vehicles will operate.

Table 10

Demolition Activities

a. An owner and/or operator must implement all of the following control measures:

 1. Stabilize demolition debris. Apply water to debris immediately following demolition activity; and

 2. Stabilize surrounding area immediately following demolition activity. Water all disturbed soil 

surfaces to establish a crust and prevent wind erosion of soil.

b. Suggested additional control measure for contingency plans:

 1. Thoroughly clean blast debris from paved and other surfaces following demolition activity.

Table 11

Bulk Material Handling Operations

Work Practices For Stacking, Loading, And Unloading Operations

a. An owner and/or operator must implement one of the following control measures:

 1. Spray material with water, as necessary, prior to stacking, loading, and unloading, and/or while 

stacking, loading, and unloading;

 2. Spray material with a dust suppressant other than water, as necessary, prior to stacking, loading, 

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

b. Suggested additional control measures for contingency plans:

 1. Pre-water and maintain surface soils in a stabilized condition where support equipment and 

vehicles will operate.

 2. Remove material from the downwind side of the storage pile when safe to do so.

107
 3. Empty loader bucket slowly and keep loader bucket close to the truck to minimize the drop height 

while dumping.

Table 12

Open Storage Piles

When Not Conducting Stacking, Loading, And Unloading Operations

a. An owner and/or operator must implement one of the following control measures:

 1. Cover open storage piles with tarps, plastic, or other material such that the coverings will not be 

dislodged by wind;

 2. Apply water to maintain a soil moisture content at a minimum of 12%, as determined by ASTM 

Method D2216-98, or other equivalent methods approved by the Control Officer and the 

Administrator of the EPA; or for areas that have an optimum moisture content for compaction of 

less than 12%, as determined by ASTM Method D1557-91 (1998) or other equivalent methods 

approved by the Control Officer and the Administrator of EPA, maintain at least 70% of the soil 

moisture content;

 3. Meet the stabilization requirements described in Section 302.3 of this rule; or

 4. Implement (a)(2) or (a)(3), above, and construct and maintain wind barriers, storage silos, or a 

three-sided enclosure with walls, whose length is no less 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%.

Table 13

Bulk Material Hauling/Transporting Within The Boundaries Of The Work Site

When Crossing A Paved Area Accessible To The Public 

While Construction Is Underway

a. An owner and/or operator must implement all of the following control measures:

 1. Load all haul trucks such that the freeboard is not less than 3 inches when crossing a paved area 

accessible to the public while construction is underway;

 2. Prevent spillage or loss of bulk material from holes or other openings in the cargo compartment’s 

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

 3. Install 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 such work site.

b. Suggested additional control measure for contingency plans:

 1. Limit vehicle speeds to 15 m.p.h. on the work site.

Table 14

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

Within The Boundaries Of The Work Site But Not Crossing

A Paved Area Accessible To The Public

a. An owner and/or operator must implement one of the following control measures:

 1. Limit vehicular speeds to 15 m.p.h. or less while traveling on the work site;

 2. Apply water to the top of the load in compliance with Section 301 of this rule; or

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

Table 15

Bulk Material Hauling/Transporting Off-Site Hauling/Transporting

Onto Paved Areas Accessible To The Public

a. An owner and/or operator must implement all of the following control measures:

 1. Cover haul trucks with a tarp or other suitable closure;

 2. Load all haul trucks such that the freeboard is not less than 3 inches;

 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. Before the empty haul truck leaves the site, clean the interior of the cargo compartment or cover 

the cargo compartment.

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Table 16

Clean Up Of Trackout, Carry Out, Spillage, And Erosion

a. An owner and/or operator must implement one of the following control measures:

 1. Operate a street sweeper or wet broom with sufficient water, at the speed recommended by the 

manufacturer and at the frequency(ies) described in Section 308.3 of this rule; or

 2. Manually sweep up deposits in compliance with Section 308.3 of this rule.

Table 17

Trackout Control

a. An owner and/or operator must implement all of the following control measures:

 1. Immediately clean up trackout that exceeds 50 feet. All other trackout must be cleaned up at the 

end of the workday; and

 2. In accordance with Section 308.3(a), prevent trackout by implementing one of the following 

control measures:

 i. At all access points, install a grizzly or wheel wash system.

 ii. At all access points, install a gravel pad at least 30 feet wide, 50 feet long, and 6 inches deep, 

in compliance with Section 213 of this rule.

 iii. 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.

b. Suggested additional control measures for contingency plans:

 1. Clearly establish and enforce traffic patterns to route traffic over selected trackout control devices.

 2. Limit site accessibility to routes with trackout control devices in place by installing effective 

barriers on unprotected routes.

 3. Pave construction activity roadways as soon as possible.

Table 18

Weed Abatement By Discing Or Blading

a. An owner and/or operator must implement all of the following control measures:

 1. Pre-water site;

 2. Apply water while weed abatement by discing or blading is occurring; and

 3. Stabilize area by implementing either one of the following:

 i. Pave, apply gravel, apply water, or apply a suitable dust suppressant, in compliance with 

Section 302.3 of this rule, after weed abatement by discing or blading occurs; or

 ii. Establish vegetative ground cover in sufficient quantity, in compliance with Section 302.3 of 

this rule, after weed abatement by discing or blading occurs.

b. Suggested additional control measures for contingency plans

 1. Limit vehicle speeds to 15 m.p.h. during discing and blading operations.

Table 19

Easements, Rights-Of-Way, And Access Roads For Utilities (Electricity, Natural Gas, Oil, Water, And Gas 

Transmission) Associated With Sources

That Have A Non-Title V Permit, A Title V Permit,

And/Or A General Permit Under These Rules

a. An owner and/or operator must implement one of the following control measures:

 1. Inside the PM10 nonattainment area, restrict vehicular speeds to 15 m.p.h. and vehicular trips to 

no more than 20 per day per road;

 2. Outside the PM10 nonattainment area, restrict vehicular trips to no more than 20 per day per road; 

or

 3. Implement control measures, as described in Table 3 (Unpaved Haul/Access Roads) of this rule.

Note: For Tables 20 & 21, control measures in [brackets] are to be applied only to dust generating 

operations outside the nonattainment area.

Table 20

109
Wind Event Control Measures-Dust Generating Operations

a. An owner and/or operator must implement one of the following control measures:

 1. Cease dust generating operations for the duration of the condition/situation/event when the 60-

minute average wind speed is greater than 25 m.p.h. and if dust generating operations are ceased 

for the remainder of the work day, stabilize the area;

 2. Apply water or other suitable dust suppressant at least twice [once] per hour, in compliance with 

Section 301 of this rule;

 3. Apply water as necessary to maintain a soil moisture content at a minimum of 12%, as determined 

by ASTM Method D2216-98 or other equivalent method as approved by the Control Officer and 

the Administrator of EPA. For areas that have an optimum moisture content for compaction of less 

than 12%, as determined by ASTM Method D1557-91 (1998) or other equivalent method 

approved by the Control Officer and the Administrator of EPA, maintain at least 70% of the 

optimum soil moisture content; or

 4. Implement (a)(2) or (a)(3), above, 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.

Table 21

Wind Event Control Measures-Temporary Disturbed Surface Areas

(After Work Hours, Weekends, Holidays)

a. An owner and/or operator must implement one of the following control measures:

 1. Uniformly apply and maintain surface gravel or dust suppressants, in compliance with Section 

302.3 of this rule;

 2. Apply water to all disturbed surface areas 3 times per day. If there is any evidence of wind-blown 

dust, increase watering frequency to a minimum of 4 times per day;

 3. Apply water on open storage piles at least twice [once] per hour, in compliance with Section 302.3 

of this rule; or

 4. Cover open storage piles with tarps, plastic, or other material such that wind will not remove the 

covering(s).

b. Suggested additional control measures for contingency plans:

 1. Implement a combination of the control measures listed in (a)(1) through (a)(4), above.

REGULATION III - CONTROL OF AIR CONTAMINANTS 

RULE 310.01 

FUGITIVE DUST FROM 

OPEN AREAS, VACANT LOTS, UNPAVED PARKING LOTS, AND UNPAVED ROADWAYS

NON-TRADITIONAL SOURCES OF FUGITIVE DUST

INDEX 

SECTION 100 - GENERAL 

101 PURPOSE 

102 APPLICABILITY 

103 EXEMPTIONS

104 LIMITED EXEMPTIONS

SECTION 200 - DEFINITIONS 

201 ANIMAL WASTE

202 AREA A

203 AREA ACCESSIBLE TO THE PUBLIC

201204 BULK MATERIAL 

202205 CHEMICAL/ORGANIC STABILIZER 

203206 CONTROL MEASURE 

204207 DISTURBED SURFACE AREA 

208 DUST GENERATING OPERATION

110
205209 DUST SUPPRESSANT 

210 EMERGENCY

211 EMERGENCY ACTIVITY

212 FEED LANE ACCESS AREAS

206 FEEDLOTS AND/OR LIVESTOCK AREAS

207213 FUGITIVE DUST 

214 GRAVEL PAD

215 GRIZZLY

216 LIVESTOCK ACTIVITIES

208217 MOTOR VEHICLE 

218 NON-TRADITIONAL SOURCE OF FUGITIVE DUST

209219 NORMAL FARM CULTURAL PRACTICE 

210220 OFF-ROAD VEHICLE 

211221 OPEN AREAS AND VACANT LOTS 

212222 OWNER AND/OR OPERATOR 

213223 PAVE 

214224 PM10 NONATTAINMENT AREA 

225 PROPERTY LINE

215226 PUBLIC ROADWAYS 

227 TRACKOUT/CARRYOUT

228 TRACKOUT CONTROL DEVICE

229 UNPAVED ACCESS CONNECTIONS

216230 UNPAVED PARKING LOT 

217231 UNPAVED ROADWAY (INCLUDING ALLEYS) 

218232 VACANT LOT 

SECTION 300 – STANDARDS 

301 VEHICLE USE IN OPEN AREAS AND VACANT LOTS GENERAL REQUIREMENTS FOR 

NON-TRADITIONAL SOURCES OF FUGITIVE DUST

302 OPEN AREAS AND VACANT LOTS CONTROL MEASURES FOR NON-TRADITIONAL 

SOURCES OF FUGITIVE DUST

303 UNPAVED PARKING LOTS 

304 UNPAVED ROADWAYS (INCLUDING ALLEYS)

305 FEEDLOTS AND/OR LIVESTOCK AREAS

306 EROSION-CAUSED DEPOSITION OF BULK MATERIALS ONTO PAVED SURFACES

307 EASEMENTS, RIGHTS-OF-WAY, AND ACCESS ROADS FOR UTILITIES (ELECTRICITY, 

NATURAL GAS, OIL, WATER, AND GAS TRANSMISSION)

SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) 

SECTION 500 - MONITORING AND RECORDS 

501 STABILIZATION OBSERVATIONS COMPLIANCE DETERMINATION

502 RECORDKEEPING 

503 RECORDS RETENTION 

111
Adopted 06/16/99 

Revised 02/16/00 

Revised 02/17/05 

MARICOPA COUNTY 

AIR POLLUTION CONTROL REGULATIONS 

REGULATION III - CONTROL OF AIR CONTAMINANTS 

RULE 310.01 

FUGITIVE DUST FROM 

OPEN AREAS, VACANT LOTS, UNPAVED PARKING LOTS, AND UNPAVED ROADWAYS

NON-TRADITIONAL SOURCES OF FUGITIVE DUST

SECTION 100 - GENERAL 

101 PURPOSE: To limit the emission of particulate matter into the ambient air from open areas, 

vacant lots, unpaved parking lots, and unpaved roadways which are not regulated by Rule 310-

Fugitive Dust of these rules, and which do not require a permit nor a Dust Control Plan. The effect 

of this rule shall be to fine particulate matter (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. To minimize the amount of fugitive dust entrained into the ambient air from 

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

fugitive dust emissions. 

102 APPLICABILITY: The provisions of this rule shall apply to open areas, vacant lots, unpaved 

parking lots, and unpaved roadways which are not regulated by Rule 310-Fugitive Dust of these 

rules and which do not require a permit nor a Dust Control Plan. In addition, 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. 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.

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

conducted in Maricopa County, except for those dust generating operations listed in 

Section 103 of this rule.

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

agricultural land and is not used for agricultural purposes according to Arizona Revised 

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

103 EXEMPTIONS:

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

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

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

the standards and/or requirements described in Rule 310-Fugitive Dust From Dust 

Generating Operations of these rules.

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

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

restore critical utilities to functional status.

103.4 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.

112
103.5 Establishing 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.

103.7 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.

103.8 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.

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: 

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

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

Township 8 North, Range 2 East and Range 3 East

Township 7 North, Range 2 West through Range 5 East

Township 6 North, Range 5 West through Range 6 East

Township 5 North, Range 5 West through Range 7 East

Township 4 North, Range 5 West through Range 8 East

Township 3 North, Range 5 West through Range 8 East

Township 2 North, Range 5 West through Range 8 East

Township 1 North, Range 5 West through Range 7 East

Township 1 South, Range 5 West through Range 7 East

Township 2 South, Range 5 West through Range 7 East

Township 3 South, Range 5 West through Range 1 East

Township 4 South, Range 5 West through Range 1 East

203 AREA ACCESSIBLE TO THE PUBLIC – Any parking lot or public roadway that is accessible 

to public travel primarily for purposes unrelated to the dust generating operation.

201204 BULK MATERIAL - Any material, including, but not limited to, the following materials earth, 

rock, silt, sediment, sand, gravel, soil, fill, aggregate less than 2 inches in length or diameter (i.e., 

aggregate base course (ABC)), earth, soil, dirt, mud, demolition debris, cotton, trash, cinders, 

pumice, rock, saw dust, feeds, grains, fertilizers, fluff (from shredders), and dry concrete, 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

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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

202205 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. 

203206 CONTROL MEASURE - A technique, practice, or procedure used to prevent or minimize the 

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

204207 DISTURBED SURFACE AREA – A portion of the earth's surface (or material placed 

thereupon) which or material placed on the earth’s surface that has been physically moved, 

uncovered, destabilized, or otherwise modified from its undisturbed native condition, thereby 

increasing the potential for the emission of fugitive dust. if the potential for the emission of 

fugitive dust is increased by the movement, destabilization, or modification. For the purpose of 

this rule, 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 300 of this rule.

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

205209 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 

114
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 technology-based 

emission limitation under the permit, 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 areas at a livestock activity. These access roads are typically used to distribute 

feed from feed trucks to the animals.

206 FEEDLOTS AND/OR LIVESTOCK AREAS - Any area on which an operation directly related to 

feeding animals, displaying animals, racing animals, exercising animals, and/or for any other such 

activity exists.

207213 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 area accessible to the 

public and a work site entrance 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.

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. 

208217 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

115
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)

209219 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. 

210220 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. 

211221 OPEN AREAS AND VACANT LOTS - Any of the following described in Section 211.1

Section 221.1 through Section 211.4 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.

211.1221.1 An unsubdivided or undeveloped tract of land adjoining a developed or a partially 

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

211.2221.2 A subdivided residential, industrial, institutional, governmental, or commercial lot 

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

permanent nature. 

211.3221.3 A partially developed residential, industrial, institutional, governmental, or 

commercial lot. 

211.4 A tract of land, in the PM10 nonattainment area, adjoining agricultural property.

212222 OWNER AND/OR OPERATOR - Any person who owns, leases, operates, controls, or 

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

213223 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). 

214224 PM10 NONATTAINMENT AREA - An area designated by the EPA as exceeding national 

ambient air quality standards based upon data collected thru 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.

215226 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 area accessible to the public.

116
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 area accessible to the public 

that controls or prevents vehicular trackout.

229 UNPAVED ACCESS CONNECTIONS - Any unpaved road connection with a paved pubic 

road.

216230 UNPAVED PARKING LOT - Any area larger than 5,000 square feet 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, maneuvering shall not include military maneuvers or exercises 

conducted on federal facilities.

217231 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.

218232 VACANT LOT - The definition of vacant lot is included in Section 211 Section 221-Definition 

Of Open Areas And Vacant Lots of this rule. 

SECTION 300 - STANDARDS 

301 GENERAL REQUIREMENTS FOR NON-TRADITIONAL SOURCES OF FUGITIVE 

DUST:

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

the standards and/or requirements described in this rule. Failure to comply with any such 

standards and/or requirements is deemed a violation of this rule.

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

stabilize disturbed surfaces of vacant lots as required in 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.

117
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 the visible emissions requirements, as 

required for each activity and 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: 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.

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; or

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

access by posting that consists of one of the following:

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

Federal sign standards.

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

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

(d) Virtual posting a government land management agency.

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

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

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

Control Officer and the Administrator.

c. Additional Requirements:

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

a cumulative of 500 square feet or more that are disturbed by being driven over 

and/or used by motor vehicles, by off-road vehicles, or for material dumping, 

118
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 described in Section 501 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.

(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.

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: 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.

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.

(2) Apply a dust suppressant to all disturbed surface areas.

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(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.

(4) Uniformly apply and maintain surface gravel.

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

Control Officer and the Administrator.

c. Additional Requirements:

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

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

area remains unoccupied, unused, vacant, or undeveloped for more than 15 days, 

then the owner and/or operator shall implement one or more of the control 

measures described in Section 302.5(b) of this rule within 60 calendar days 

following the initial discovery by the Control Officer of the disturbance on the 

open areas and vacant lots.

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

the disturbance on the open areas and vacant lots, the owner and/or operator 

shall provide in writing to the Control Officer a description and date of the 

control measure(s) to be implemented.

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

disturbance on the open areas and vacant lots achieves the compliance 

determinations described in Section 501 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 either Section 302.6(a)(2)(a) or Section 

302.6(a)(2)(b) of this rule:

(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;

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(2) 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;

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

unpaved parking lot achieves the compliance determinations described in 

Section 501 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.

(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.

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(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 a non-traditional 

source of fugitive dust that involves 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. Stabilization Requirements: The owner and/or operator of a non-traditional source 

of fugitive dust that involves unpaved roadways (including alleys) shall not cause or 

allow visible fugitive dust emissions to exceed 20% opacity and either Section 

302.7(a)(1) or Section 302.7(a)(2) of this rule:

(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 to use an unpaved roadway 

(including an alley) in the PM10 nonattainment area, then such person shall first 

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

rule.

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

Two separate 24-hour traffic counts shall be conducted. 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 described in Section 302.8(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 

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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:

(1) For unpaved access connections:

(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.

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

accessing a paved 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) For corrals, pens, and arenas:

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(a) Apply water; or

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

arenas.

c. Additional Requirements:

(1) The owner and/or operator of livestock activities shall implement one of the 

control measures described in Section 302.8(b)(1), Section 302.8(b)(2), Section 

302.8(b)(3), and Section 302.8(b)(4) of this rule, as applicable.

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

livestock activities achieve the compliance determinations described in Section 

501 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 

used by 130 vehicle trips or more per day in Area A 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.

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a. 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 either Section 

302.10(a)(1) or Section 302.10(a)(2) of this rule:

(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 130 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 Area A, 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 130 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 Area A, shall be responsible for conducting vehicle 

counts/traffic counts to determine if 130 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.

(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 

described in Section 501 of this rule.

301 VEHICLE USE IN OPEN AREAS AND VACANT LOTS: If open areas and vacant lots are 0.10 

acre or larger and have a cumulative of 500 square feet or more that are driven over and/or used by 

motor vehicles and/or off-road vehicles, then the owner and/or operator of such open areas and 

vacant lots shall implement one of the control measures described in Section 301.1 of this rule 

within 60 calendar days following the initial discovery of vehicle use on open areas and vacant 

lots. Within 30 calendar days following the initial discovery by the Control Officer of vehicle use 

on open areas and vacant lots, the owner and/or operator of such open areas and vacant lots shall 

provide in writing to the Control Officer a description and date of the control measure(s) to be 

implemented to prevent such vehicle use on open areas and vacant lots. For the purpose of this 

rule, such control measure(s) shall be considered effectively implemented when the open areas and 

vacant lots meet one of the stabilization limitations described in Section 301.2 of this rule. Once a 

control measure in Section 301.1 of this rule has been effectively implemented, then such open 

area or vacant lot is subject to the requirements of Section 302 (Open Areas And Vacant Lots) of 

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this rule. Use of or parking on open areas and vacant lots by the owner and/or operator of such 

open areas and vacant lots and/or landscape maintenance of such open areas and vacant lots shall 

not be considered vehicle use in open areas and vacant lots, although such open areas and vacant 

lots shall still meet the stabilization limitations described in Section 301.2 of this rule. For the 

purpose of this rule, landscape maintenance does not include grading, trenching, nor any other 

mechanized surface disturbing activities performed to establish initial landscapes or to redesign 

existing landscapes.

301.1 Control Measures:

a. Prevent motor vehicle and/or off-road vehicle trespassing, parking, and/or access, by 

installing barriers, curbs, fences, gates, posts, signs (written in English and Spanish 

and in compliance with ordinance(s) of local jurisdictions), shrubs, trees, or other 

effective control measures.

b. Uniformly apply and maintain surface gravel or chemical/organic stabilizers to all 

areas disturbed by motor vehicles and/or off-road vehicles in compliance with one of 

the stabilization limitations described in Section 301.2 of this rule.

c. Apply and maintain an alternative control measure approved in writing by the 

Control Officer and the Administrator of the EPA.

301.2 Stabilization Limitations:

a. A visible crust shall be implemented, as determined by Appendix C, Section 2.3 

(Test Methods For Stabilization-Visible Crust Determination) (The Drop Ball/Steel 

Ball Test) of these rules; or

b. A threshold friction velocity (TFV) corrected for non-erodible elements of 100 

cm/second or higher shall be implemented, as determined by Appendix C, Section 

2.4 (Test Methods For Stabilization-Determination Of Threshold Friction Velocity 

(TFV)) (Sieving Field Procedure) of these rules; 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% shall be implemented, as 

determined by Appendix C, Section 2.5 (Test Methods For StabilizationDetermination Of Flat Vegetative Cover) of these rules; 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% shall be 

implemented, as determined by Appendix C, Section 2.6 (Test Methods For 

Stabilization-Determination Of Standing Vegetative Cover) of these rules; 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 shall be implemented, as determined by Appendix C, 

Section 2.6 (Test Methods For Stabilization-Determination Of Standing Vegetative 

Cover) of these rules; or

f. A percent cover that is equal to or greater than 10% for non-erodible elements shall 

be implemented, as determined by Appendix C, Section 2.7 (Test Methods For 

Stabilization-Rock Test Method) of these rules; or

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

Administrator of the EPA shall be implemented.

302 OPEN AREAS AND VACANT LOTS: If open areas and vacant lots have 0.5 acre or more of 

disturbed surface area and remain unoccupied, unused, vacant, or undeveloped for more than 15 

days, then the owner and/or operator of such open areas and vacant lots shall implement one of the 

control measures described in Section 302.1 of this rule within 60 calendar days following the 

initial discovery of the disturbance on the open areas and vacant lots. 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 of such open areas and vacant lots shall provide in writing 

to the Control Officer a description and date of the control measure(s) to be implemented. For the 

purpose of this rule, such control measure(s) shall be considered effectively implemented when the 

open areas and vacant lots meet one of the stabilization limitations described in Section 302.2 of 

this rule. Should an open area or vacant lot on which no activity is occurring contain more than 

one type of disturbance, soil, vegetation, or other characteristics that are visibly distinguishable, 

then each representative surface shall be tested separately for stability, in an area that represents a 

random portion of the overall disturbed conditions of the site, according to the appropriate test 

methods in Appendix C of these rules and included or eliminated from the total size assessment of 

disturbed surface area(s) depending on test method results.

302.1 Control Measures:

a. Establish vegetative ground cover on all disturbed surface areas within 60 calendar 

days following the initial discovery of the disturbance. Such control measure(s) must 

be maintained and reapplied, if necessary, until the disturbed surface areas are 

stabilized, in compliance with one of the stabilization limitations described in 

Section 302.2 of this rule. Stabilization shall be achieved, per this control measure, 

within eight months after the control measure has been implemented.

b. Apply a dust suppressant to all disturbed surface areas, in compliance with one of the 

stabilization limitations described in Section 302.2 of this rule.

c. Restore all disturbed surface areas within 60 calendar days following the initial 

discovery 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, until the 

disturbed surface areas are stabilized, in compliance with one of the stabilization 

limitations described in Section 302.2 of this rule. Stabilization shall be achieved, per 

such control measure, within eight months after such control measure has been 

implemented.

d. Uniformly apply and maintain surface gravel, in compliance with one of the 

stabilization limitations described in Section 302.2 of this rule.

e. Apply and maintain an alternative control measure approved in writing by the 

Control Officer and the Administrator of the EPA.

302.2 Stabilization Limitations:

a. A visible crust shall be implemented, as determined by Appendix C, Section 2.3 

(Test Methods For Stabilization-Visible Crust Determination) (The Drop Ball/Steel 

Ball Test) of these rules; or

b. A threshold friction velocity (TFV), corrected for non-erodible elements of 100 

cm/second or higher, shall be implemented, as determined by Appendix C, Section 

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2.4 (Test Methods For Stabilization-Determination Of Threshold Friction Velocity 

(TFV)) (Sieving Field Procedure) of these rules; 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% shall be implemented, as 

determined by Appendix C, Section 2.5 (Test Methods For StabilizationDetermination Of Flat Vegetative Cover) of these rules; 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% shall be 

implemented, as determined by Appendix C, Section 2.6 (Test Methods For 

Stabilization-Determination Of Standing Vegetative Cover) of these rules; 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 shall be implemented, as determined by Appendix C, 

Section 2.6 (Test Methods For Stabilization-Determination Of Standing Vegetative 

Cover) of these rules; or

f. A percent cover that is equal to or greater than 10% for non-erodible elements shall 

be implemented, as determined by Appendix C, Section 2.7 (Test Methods For 

Stabilization-Rock Test Method) of these rules; or

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

Administrator of the EPA shall be implemented.

303 UNPAVED PARKING LOTS: The owner and/or operator of an unpaved parking lot shall 

implement one of the control measures described in Section 303.1 of this rule on any surface 

area(s) of the lot on which vehicles enter, park, and exit. For unpaved parking lots that are utilized 

intermittently, for a period of 35 days or less during the calendar year, the owner and/or operator 

shall implement one of the control measures described in Section 303.1 of this rule, during the 

period that the unpaved parking lots are utilized for vehicle parking. For the purpose of this rule, 

such control measure(s) shall be considered effectively implemented when the unpaved parking lot 

meets the stabilization and opacity limitations described in Section 303.2 of this rule. 

303.1 Control Measures:

a. Pave.

b. Apply dust suppressants, in compliance with the stabilization and opacity limitations 

described in Section 303.2 of this rule.

c. Uniformly apply and maintain surface gravel, in compliance with the stabilization 

and opacity limitations described in Section 303.2 of this rule.

303.2 Stabilization And Opacity Limitations: For the purpose of this rule, control measures 

shall be considered effectively implemented when stabilization and opacity observations 

for fugitive dust emissions from unpaved parking lots do not exceed 20% opacity and 

meet one of the following, as determined by Appendix C, Section 2.1 (Test Methods For 

Stabilization-For Unpaved Roads And Unpaved Parking Lots) of these rules:

a. Silt loading is equal to or greater than 0.33 oz/ft2; or

b. Silt content does not exceed 8%.

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304 UNPAVED ROADWAYS (INCLUDING ALLEYS): If a person allows 150 vehicles or more per 

day to use an unpaved roadway (including alleys) in the PM10 nonattainment area, then such 

person shall first implement one of the control measures described in Section 304.1 of this rule. 

For the purpose of this rule, such control measure(s) shall be considered effectively implemented 

when the unpaved roadway (including alleys) meets the stabilization and opacity limitation 

described in Section 304.2 of this rule.

304.1 Control Measures:

a. Pave.

b. Apply dust suppressants, in compliance with the stabilization and opacity limitations 

described in Section 304.2 of this rule.

c. Uniformly apply and maintain surface gravel, in compliance with the stabilization 

and opacity limitations described in Section 304.2 of this rule.

304.2 Stabilization And Opacity Limitations: For the purpose of this rule, control measures 

shall be considered effectively implemented when stabilization and opacity observations 

for fugitive dust emissions from unpaved roadways (including alleys) do not exceed 20% 

opacity and meet one of the following, as determined by Appendix C, Section 2.1 (Test 

Methods For Stabilization-For Unpaved Roads And Unpaved Parking Lots) of these 

rules:

a. Silt loading is equal to or greater than 0.33 oz/ft2; or

b. Silt content does not exceed 6%.

305 FEEDLOTS AND/OR LIVESTOCK AREAS: The owner and/or operator of any feedlot and/or 

livestock area shall implement one of the control measures described in Section 305.1 of this rule. 

For the purpose of this rule, such control measure(s) shall be considered effectively implemented 

when the feedlot and/or livestock area meets the opacity limitation described in Section 305.2 of 

this rule.

305.1 Control Measures:

a. Apply dust suppressants, in compliance with the opacity limitation described in 

Section 305.2 of this rule.

b. Uniformly apply and maintain surface gravel, in compliance with the opacity 

limitation described in Section 305.2 of this rule.

c. Install shrubs and/or trees within 50 feet to 100 feet of animal pens, in compliance 

with the opacity limitation described in Section 305.2 of this rule.

305.2 Opacity Limitation: For the purpose of this rule, control measures shall be considered 

effectively implemented when opacity observations for fugitive dust emissions from 

feedlots and/or livestock areas do not exceed 20% opacity, as determined by Appendix C, 

Section 3 (Visual Determination Of Opacity Of Emissions From Sources For TimeAverage Regulations) of these rules. 

306 EROSION-CAUSED DEPOSITION OF BULK MATERIALS ONTO PAVED SURFACES: In 

the event that erosion-caused deposition of bulk materials or other materials occurs on any 

adjacent paved roadway or paved parking lot, the owner and/or operator of the property from 

which the deposition eroded shall implement both of the control measures described in Section 

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306.1 of this rule. For the purpose of this rule, such control measures shall be considered 

effectively implemented when the deposition meets the opacity limitation described in Section 

306.2 of this rule. Exceedances of the opacity limitation, due to erosion-caused deposition of bulk 

materials onto paved surfaces, shall constitute a violation of the opacity limitation.

306.1 Control Measures:

a. 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

b. Dispose of deposits in such a manner so as not to cause another source of fugitive 

dust.

306.2 Opacity Limitation: For the purpose of this rule, control measures shall be considered 

effectively implemented when opacity observations for fugitive dust emissions from 

erosion-caused deposition of bulk materials onto paved surfaces do not exceed 20% 

opacity, as described in Appendix C, Section 2.1 (Test Methods For Stabilization-For 

Unpaved Roads And Unpaved Parking Lots) of these rules.

307 EASEMENTS, RIGHTS-OF-WAY, AND ACCESS ROADS FOR UTILITIES (ELECTRICITY, 

NATURAL GAS, OIL, WATER, AND GAS TRANSMISSION): If an owner and/or operator 

allows 150 vehicles or more per day to use an easement, right-of-way, and access road for utilities 

(electricity, natural gas, oil, water, and gas transmission) in the PM10 nonattainment area, then 

such owner and/or operator shall first implement one of the control measures described in Section 

307.1 of this rule. For the purpose of this rule, such control measure(s) shall be considered 

effectively implemented, when the easement, right-of-way, and access road for utilities 

(electricity, natural gas, oil, water, and gas transmission) meet the stabilization and opacity 

limitation described in Section 307.2 of this rule.

307.1 Control Measures:

a. Pave.

b. Apply dust suppressants, in compliance with the stabilization and opacity limitations 

described in Section 307.2 of this rule.

c. Uniformly apply and maintain surface gravel, in compliance with the stabilization 

and opacity limitations described in Section 307.2 of this rule.

307.2 Stabilization And Opacity Limitations: For the purpose of this rule, control measures 

shall be considered effectively implemented when stabilization and opacity observations 

for fugitive dust emissions from easements, rights-of-way, and access roads for utilities 

(electricity, natural gas, oil, water, and gas transmission) do not exceed 20% opacity and 

meet one of the following, as determined by Appendix C, Section 2.1 (Test Methods For 

Stabilization-For Unpaved Roads And Unpaved Parking Lots) of these rules:

a. Silt loading is not equal to or greater than 0.33 oz/ft2; or

b. Silt content does not exceed 6%.

SECTION 400 - ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE) 

SECTION 500 - MONITORING AND RECORDS 

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501 STABILIZATION OBSERVATIONS 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 302.4, 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.

501.1501.2 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. 

501.2501.3 Stabilization observations for an open area and vacant lot shall be conducted in 

accordance with the following: 

a. Appendix C, Section 2.3-Test Methods For Stabilization-Visible Soil Crust 

Determination- The Drop Ball/Steel 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 nonerodible elements is 100 cm/second or higher; or 

c. Appendix C, Section 2.5-Test Methods For Stabilization-Determination Of Flat 

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

vegetation or unattached vegetative debris lying on the surface with a predominant 

horizontal orientation that is not subject to movement by wind) is equal to at least 

50%; or 

d. Appendix C, Section 2.6-Test Methods For Stabilization-Determination Of Standing 

Vegetative Cover of these rules, where standing vegetation cover (i.e., vegetation 

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

than 30%; or 

e. Appendix C, Section 2.6-Test Methods For Stabilization-Determination Of Standing 

Vegetative Cover of these rules, where the standing vegetation cover (i.e., vegetation 

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

than 10% and where the threshold friction velocity, corrected for non-erodible 

elements, is equal to or greater than 43 cm/second; or 

f. Appendix C, Section 2.7-Test Methods For Stabilization-Rock Test Method of these 

rules where a percent cover is equal to or greater than 10% for non-erodible 

elements. 

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

Administrator of the EPA. 

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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 within 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 one year two years. 

Adopted 06/16/99 

Revised 02/16/00 

Revised 04/07/04 

APPENDIX C 

FUGITIVE DUST TEST METHODS 

______________________________________________________________________________________ 

INDEX 

SECTION 1 - RESERVED 

SECTION 2 - TEST METHODS FOR STABILIZATION 

SECTION 3 - TIME AVERAGED METHODS OF VISUAL OPACITY DETERMINATION OF 

EMISSIONS FROM DUST GENERATING OPERATIONS 

SECTION 4 - VISUAL OPACITY DETERMINATION OF EMISSIONS FROM LIVESTOCK 

ACTIVITIES - CORRALS, PENS, AND ARENAS

______________________________________________________________________________________ 

MARICOPA COUNTY 

AIR POLLUTION CONTROL REGULATIONS 

APPENDIX C 

FUGITIVE DUST TEST METHODS 

1. RESERVED 

2. TEST METHODS FOR STABILIZATION

 2.1 For Unpaved Roads And Unpaved Parking Lots.

2.1.1 Opacity Test Method. The purpose of this test method is to estimate the 

percent opacity of fugitive dust plumes caused by vehicle movement on 

unpaved roads and unpaved parking lots. This method can only be conducted 

by an individual who has received certification as a qualified observer. 

Qualification and testing requirements can be found in Section 3.4 of this 

appendix. 

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

provide a clear view of the emissions with the sun oriented in the 140°

sector to the back. Following the above requirements, make opacity 

observations so that the line of vision is approximately perpendicular to 

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the dust plume and wind direction. If multiple plumes are involved, do 

not include more than one plume in the line of sight at one time. 

b. Step 2: Record the fugitive dust source location, source type, method of 

control used, if any, observer's name, certification data and affiliation, 

and a sketch of the observer's position relative to the fugitive dust 

source. Also, record the time, estimated distance to the fugitive dust 

source location, approximate wind direction, estimated wind speed, 

description of the sky condition (presence and color of clouds), 

observer's position to the fugitive dust source, and color of the plume 

and type of background on the visible emission observation from both 

when opacity readings are initiated and completed. 

c. Step 3: Make opacity observations, to the extent possible, using a 

contrasting background that is perpendicular to the line of vision. Make 

opacity observations approximately 1 meter above the surface from 

which the plume is generated. Note that the observation is to be made 

at only one visual point upon generation of a plume, as opposed to 

visually tracking the entire length of a dust plume as it is created along 

a surface. Make two observations per vehicle, beginning with the first 

reading at zero seconds and the second reading at five seconds. The 

zero–second observation should begin immediately after a plume has 

been created above the surface involved. Do not look continuously at 

the plume but, instead, observe the plume briefly at zero seconds and 

then again at five seconds. 

d. Step 4: Record the opacity observations to the nearest 5% on an 

observational record sheet. Each momentary observation recorded 

represents the average opacity of emissions for a 5–second period. 

While it is not required by the test method, EPA recommends that the 

observer estimate the size of vehicles which generate dust plumes for 

which readings are taken (e.g. mid–size passenger car or heavy–duty 

truck) and the approximate speeds the vehicles are traveling when 

readings are taken. 

e. Step 5: Repeat Step 3 (Subsection 2.1.1(c) of this appendix) and Step 4 

(Subsection 2.1.1(d) of this appendix) until you have recorded a total of 

12 consecutive opacity readings. This will occur once six vehicles have 

driven on the source in your line of observation for which you are able 

to take proper readings. The 12 consecutive readings must be taken 

within the same period of observation but must not exceed 1 hour. 

Observations immediately preceding and following interrupted 

observations can be considered consecutive. 

f. Step 6: Average the 12 opacity readings together. If the average 

opacity reading equals 20% or lower, the source is in compliance. with 

the opacity standard described in Rule 310 of these rules. 

2.1.2 Silt Content Test Method. The purpose of this test method is to estimate the 

silt content of the trafficked parts of unpaved roads and unpaved parking lots. 

The higher the silt content, the more fine dust particles that are released when 

cars and trucks drive on unpaved roads and unpaved parking lots. 

a. Equipment: 

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(1) A set of sieves with the following openings: 4 millimeters 

(mm), 2 mm, 1 mm, 0.5 mm and 0.25 mm (or a set of 

standard/commonly available sieves), a lid, and collector pan. 

(2) A small whisk broom or paintbrush with stiff bristles and 

dustpan 1 ft. in width (The broom/brush should preferably 

have one, thin row of bristles no longer than 1.5 inches in 

length). 

(3) A spatula without holes. 

(4) A small scale with half-ounce increments (e.g. postal/package 

scale). 

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

container). 

(6) A sturdy cardboard box or other rigid object with a level 

surface. 

(7) A basic calculator. 

(8) Cloth gloves (optional for handling metal sieves on hot, sunny 

days). 

(9) Sealable plastic bags (if sending samples to a laboratory). 

(10) A pencil/pen and paper. 

b. Step 1: Look for a routinely traveled surface, as evidenced by tire 

tracks. [Only collect samples from surfaces that are not damp due to 

precipitation or dew. This statement is not meant to be a standard in 

itself for dampness where watering is being used as a control measure. 

It is only intended to ensure that surface testing is done in a 

representative manner.] Use caution when taking samples to ensure 

personal safety with respect to passing vehicles. Gently press the edge 

of a dustpan (1 foot in width) into the surface four times to mark an 

area that is 1 square foot. Collect a sample of loose surface material 

using a whiskbroom or brush and slowly sweep the material into the 

dustpan, minimizing escape of dust particles. Use a spatula to lift 

heavier elements such as gravel. Only collect dirt/gravel to an 

approximate depth of 3/8 inch or 1 cm in the 1 square foot area. If you 

reach a hard, underlying subsurface that is < 3/8 inch in depth, do not 

continue collecting the sample by digging into the hard surface. In 

other words, you are only collecting a surface sample of loose material 

down to 1 cm. In order to confirm that samples are collected to 1 cm in 

depth, a wooden dowel or other similar narrow object at least one foot 

in length can be laid horizontally across the survey area while a metric 

ruler is held perpendicular to the dowel. 

• At this point, you can choose to place the sample collected into a 

plastic bag or container and take it to an independent laboratory for silt 

content analysis. A reference to the procedure the laboratory is required 

to follow is at the end of this section. 

134
c. Step 2: Place a scale on a level surface. Place a lightweight container 

on the scale. Zero the scale with the weight of the empty container on 

it. Transfer the entire sample collected in the dustpan to the container, 

minimizing escape of dust particles. Weigh the sample and record its 

weight. 

d. Step 3: Stack a set of sieves in order according to the size openings 

specified above, beginning with the largest size opening (4 mm) at the 

top. Place a collector pan underneath the bottom (0.25 mm) sieve. 

e. Step 4: Carefully pour the sample into the sieve stack, minimizing 

escape of dust particles by slowly brushing material into the stack with 

a whiskbroom or brush. (On windy days, use the trunk or door of a car 

as a wind barricade.) Cover the stack with a lid. Lift up the sieve stack 

and shake it vigorously up, down and sideways for at least 1 minute. 

f. Step 5: Remove the lid from the stack and disassemble each sieve 

separately, beginning with the top sieve. As you remove each sieve, 

examine it to make sure that all of the material has been sifted to the 

finest sieve through which it can pass (e.g., material in each sieve 

(besides the top sieve that captures a range of larger elements) should 

look the same size). If this is not the case, re–stack the sieves and 

collector pan, cover the stack with the lid, and shake it again for at least 

1 minute. (You only need to reassemble the sieve(s) that contain 

material, which requires further sifting.) 

g. Step 6: After disassembling the sieves and collector pan, slowly sweep 

the material from the collector pan into the empty container originally 

used to collect and weigh the entire sample. Take care to minimize 

escape of dust particles. You do not need to do anything with material 

captured in the sieves – only the collector pan. Weigh the container 

with the material from the collector pan and record its weight. 

h. Step 7: If the source is an unpaved road, multiply the resulting weight 

by 0.38. If the source is an unpaved parking lot, multiply the resulting 

weight by 0.55. The resulting number is the estimated silt loading. 

Then, divide by the total weight of the sample you recorded earlier in 

Step 2 (Subsection 2.1.2(c) of this appendix) and multiply by 100 to 

estimate the percent silt content. 

i. Step 8: Select another two routinely traveled portions of the unpaved 

road or unpaved parking lot and repeat this test method. Once you have 

calculated the silt loading and percent silt content of the 3 samples 

collected, average your results together. 

j. Step 9: Examine Results. If the average silt loading is less than 0.33 

oz/ft2, the surface is STABLE. If the average silt loading is greater than 

or equal to 0.33 oz/ft2, then proceed to examine the average percent silt 

content. If the source is an unpaved road and the average percent silt 

content is 6% or less, the surface is STABLE. If the source is an 

unpaved parking lot and the average percent silt content is 8% or less, 

the surface is STABLE. If your field test results are within 2% of the 

standard (for example, 4%-8% silt content on an unpaved road), it is 

recommended that you collect 3 additional samples from the source 

according to Step 1 (Subsection 2.1.2(b) of this appendix) and take 

them to an independent laboratory for silt content analysis. 

135
k. Independent Laboratory Analysis: You may choose to collect 3 

samples from the source, according to Step 1 (Subsection 2.1.2(b) of 

this appendix), and send them to an independent laboratory for silt 

content analysis rather than conduct the sieve field procedure. If so, the 

test method the laboratory is required to use is: "Procedures For 

Laboratory Analysis Of Surface/Bulk Dust Loading Samples", (Fifth 

Edition, Volume I, Appendix C.2.3 "Silt Analysis", 1995), AP-42, 

Office of Air Quality Planning & Standards, U.S. Environmental 

Protection Agency, Research Triangle Park, North Carolina. 

2.2 Stabilization Limitations For Open Areas And Vacant Lots. The test methods 

described in Section 2.3 through Section 2.7 of this appendix shall be used to determine 

whether an open area or a vacant lot has a stabilized surface. Should a disturbed open 

area or vacant lot contain more than one type of disturbance, soil, vegetation, or other 

characteristics, which are visibly distinguishable, test each representative surface 

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

disturbed conditions of the site, according to the appropriate test methods in Section 2.3 

through Section 2.7 of this appendix. , and include or eliminate it from the total size 

assessment of disturbed surface area(s) depending upon test method results.

2.3 Visible Soil Crust Determination (The Drop Ball Test).

2.1.2 Silt Content Test Method. The purpose of this test method is to estimate the 

silt content of the trafficked parts of unpaved roads and unpaved parking lots. 

The higher the silt content, the more fine dust particles that are released when 

cars and trucks drive on unpaved roads and unpaved parking lots. 

2.3.1 Where a visible crust exists, drop Drop a steel ball with a diameter of 15.9 

millimeters (0.625 inches) and a mass ranging from 16-17 grams (0.56-0.60 

ounce) from a distance of 30 centimeters (one foot) one-foot directly above (at 

a 90° angle perpendicular to) the soil surface. If blowsand is present, clear the 

blowsand from the surfaces on which the visible crust test method Drop Ball 

Test is conducted. Blowsand is defined as thin deposits of loose uncombined 

grains covering less than 50% of a vacant lot or project site which that have 

not originated from the representative vacant lot surface being tested. If 

material covers a visible crust, which is not blowsand, apply the test method 

in Section 2.4-Determination Of Threshold Friction Velocity (TFV) of this 

appendix to the loose material to determine whether the surface is stabilized. 

2.3.2 A sufficient crust is defined under the following conditions: once a ball has 

been dropped according to subsection 2.3.1 of this appendix, the ball does not 

sink into the surface, so that it is partially or fully surrounded by loose grains 

and, upon removing the ball, the surface upon which it fell has not been 

pulverized, so that loose grains are visible. 

2.3.3 Randomly select each representative disturbed surface for the Drop Ball Test 

by using a blind “over the shoulder” toss of a throwable object (e.g., a metal 

weight with survey tape attached). Using the point of fall as the lower lefthand corner, measure a one-foot square area. Drop the ball three times within 

a survey area that measures 1 foot by 1 foot and that represents a random 

portion of the overall disturbed conditions of the site the one-foot by one-foot 

square survey area, using a consistent pattern across the survey area. The 

survey area shall be considered to have passed the Visible Crust Determination Test Drop Ball Test if at least two out of the three times that the ball 

was dropped, the results met the criteria in subsection 2.3.2 of this appendix. 

136
Select at least two other survey areas that represent a random portion of the 

overall disturbed conditions of the site, and repeat this procedure. If the results 

meet the criteria of subsection 2.3.2 of this appendix for all of the survey areas 

tested, then the site shall be considered to have passed the Visible Crust 

Determination Test Drop Ball Test and shall be considered sufficiently 

crusted. 

2.3.4 At any given site, the existence of a sufficient crust covering one portion of 

the site may not represent the existence or protectiveness of a crust on another 

portion of the site. Repeat the visible crust test Drop Ball Test as often as 

necessary on each random portion of the overall conditions of the site using 

the random selection method set forth in subsection 2.3.3 of this appendix for 

an accurate assessment. 

2.4 Determination Of Threshold Friction Velocity (TFV). For disturbed surface areas that 

are not crusted or vegetated, determine threshold friction velocity (TFV) according to the 

following sieving field procedure (based on a 1952 laboratory procedure published by W. 

S. Chepil). 

2.4.1 Obtain and stack a set of sieves with the following openings: 4 millimeters 

(mm), 2 mm, 1 mm, 0.5 mm, and 0.25 mm or obtain and stack a set of 

standard/commonly available sieves. Place the sieves in order according to 

size openings, beginning with the largest size opening at the top. Place a 

collector pan underneath the bottom (0.25 mm) sieve. Collect a sample of 

loose surface material from an area at least 30 cm by 30 cm in size to a depth 

of approximately 1 cm using a brush and dustpan or other similar device. 

Only collect soil samples from dry surfaces (i.e. when the surface is not damp 

to the touch). Remove any rocks larger than 1 cm in diameter from the 

sample. Pour the sample into the top sieve (4 mm opening) and cover the 

sieve/collector pan unit with a lid. Minimize escape of particles into the air 

when transferring surface soil into the sieve/collector pan unit. Move the 

covered sieve/collector pan unit by hand using a broad, circular arm motion in 

the horizontal plane. Complete twenty circular arm movements, ten clockwise 

and ten counterclockwise, at a speed just necessary to achieve some relative 

horizontal motion between the sieves and the particles. Remove the lid from 

the sieve/collector pan unit and disassemble each sieve separately beginning 

with the largest sieve. As each sieve is removed, examine it for loose 

particles. If loose particles have not been sifted to the finest sieve through 

which they can pass, reassemble and cover the sieve/collector pan unit and 

gently rotate it an additional ten times. After disassembling the sieve/collector 

pan unit, slightly tilt and gently tap each sieve and the collector pan so that 

material aligns along one side. In doing so, minimize escape of particles into 

the air. Line up the sieves and collector pan in a row and visibly inspect the 

relative quantities of catch in order to determine which sieve (or whether the 

collector pan) contains the greatest volume of material. If a visual determination of relative volumes of catch among sieves is difficult, use a 

graduated cylinder to measure the volume. Estimate TFV for the sieve catch 

with the greatest volume using Table 1 of this appendix, which provides a 

correlation between sieve opening size and TFV. 

Table 1. Determination Of Threshold Friction Velocity 

Tyler Sieve No. ASTM 11 Opening TFV 

 Sieve No. (mm) (cm/s)

 5 5 4 135 

 9 10 2 100 

137
 16 18 1 76 

 32 35 0.5 58 

 60 60 0.25 43 

 Collector Pan ⎯ ⎯ 30 

2.4.2 Collect at least three soil samples which represent random portions of the 

overall conditions of the site, repeat the above TFV test method for each 

sample and average the resulting TFVs together to determine the TFV 

uncorrected for non-erodible elements. Non-erodible elements are distinct 

elements, in the random portion of the overall conditions of the site, that are 

larger than 1 cm in diameter, remain firmly in place during a wind episode, 

and inhibit soil loss by consuming part of the shear stress of the wind. Nonerodible elements include stones and bulk surface material but do not include 

flat or standing vegetation. For surfaces with non-erodible elements, 

determine corrections to the TFV by identifying the fraction of the survey 

area, as viewed from directly overhead, that is occupied by non-erodible 

elements using the following procedure. For a more detailed description of 

this procedure, see Section 2.7 (Test Methods For Stabilization-Rock Test 

Method) of this appendix. Select a survey area of 1 meter by 1 meter that 

represents a random portion of the overall conditions of the site. Where many 

non-erodible elements lie within the survey area, separate the non-erodible 

elements into groups according to size. For each group, calculate the overhead 

area for the non-erodible elements according to the following equations: 

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

(Average Dimensions) x (Number Of Elements) = Overhead Area. Eq. 2 

Overhead Area Of Group 1 + Overhead Area Of Group 2 (etc.) = Total Overhead Area. Eq. 3 

Total Overhead Area/2 = Total Frontal Area. Eq. 4 

(Total Frontal Area/Survey Area) x 100 = Percent Cover Of Non-Erodible Elements. Eq. 5 

Note: Ensure consistent units of measurement (e.g., square meters or square inches when calculating 

percent cover). 

Repeat this procedure on an additional two distinct survey areas that represent 

a random portion of the overall conditions of the site and average the results. 

Use Table 2 of this appendix to identify the correction factor for the percent 

cover of non-erodible elements. Multiply the TFV by the corresponding 

correction factor to calculate the TFV corrected for non-erodible elements. 

 Table 2. Correction Factors For Threshold Friction Velocity 

 Percent Cover Of Non-Erodible Elements Correction Factor

Greater than or equal to 10% 5 

Greater than or equal to 5% and less than 10% 3 

Less than 5% and greater than or equal to 1% 2 

 Less than 1% None 

2.5 Determination Of Flat Vegetative Cover: Flat vegetation includes attached (rooted) 

vegetation or unattached vegetative debris lying on the surface with a predominant 

horizontal orientation that is not subject to movement by wind. Flat vegetation, which is 

dead but firmly attached, shall be considered equally protective as live vegetation. Stones 

or other aggregate larger than 1 centimeter in diameter shall be considered protective 

cover in the course of conducting the line transect test method. Where flat vegetation 

exists, conduct the following line transect test method. 

138
2.5.1 Line Transect Test Method. Stretch a 100 foot measuring tape across a 

survey area that represents a random portion of the overall conditions of the 

site. Firmly anchor both ends of the measuring tape into the surface using a 

tool such as a screwdriver, with the tape stretched taut and close to the soil 

surface. If vegetation exists in regular rows, place the tape diagonally (at 

approximately a 45° angle) away from a parallel or perpendicular position to 

the vegetated rows. Pinpoint an area the size of a 3/32 inch diameter brazing 

rod or wooden dowel centered above each 1 foot interval mark along one edge 

of the tape. Count the number of times that flat vegetation lies directly 

underneath the pinpointed area at 1 foot intervals. Consistently observe the 

underlying surface from a 90° angle directly above each pinpoint on one side 

of the tape. Do not count the underlying surface as vegetated if any portion of 

the pinpoint extends beyond the edge of the vegetation underneath in any 

direction. If clumps of vegetation or vegetative debris lie underneath the 

pinpointed area, count the surface as vegetated, unless bare soil is visible 

directly below the pinpointed area. When 100 observations have been made, 

add together the number of times a surface was counted as vegetated. This 

total represents the percent of flat vegetation cover (e.g., if 35 positive counts 

were made, then vegetation cover is 35%). If the survey area that represents a 

random portion of the overall conditions of the site is too small for 100 

observations, make as many observations as possible. Then multiply the count 

of vegetated surface areas by the appropriate conversion factor to obtain 

percent cover. For example, if vegetation was counted 20 times within a total 

of 50 observations, divide 20 by 50 and multiply by 100 to obtain a flat 

vegetation cover of 40%. 

2.5.2 Conduct the line transect test method, as described in subsection 2.5.1 of this 

appendix, an additional two times on areas that represent a random portion of 

the overall conditions of the site and average results. 

2.6 Determination Of Standing Vegetative Cover. Standing vegetation includes vegetation 

that is attached (rooted) with a predominant vertical orientation. Standing vegetation, 

which is dead but firmly rooted, shall be considered equally protective as live vegetation. 

Conduct the following standing vegetation test method to determine if 30% cover or 

more exists. If the resulting percent cover is less than 30% but equal to or greater than 

10%, then conduct the test in Section 2.4 (Determination Of Threshold Friction Velocity 

(TFV)) of this appendix in order to determine if the site is stabilized, such that the 

standing vegetation cover is equal to or greater than 10%, where threshold friction 

velocity, corrected for non-erodible elements, is equal to or greater than 43 cm/second. 

2.6.1 For standing vegetation that consists of large, separate vegetative structures 

(e.g., shrubs and sagebrush), select a survey area that represents a random 

portion of the overall conditions of the site that is the shape of a square with 

sides equal to at least 10 times the average height of the vegetative structures. 

For smaller standing vegetation, select a survey area of three feet by three 

feet. 

2.6.2 Count the number of standing vegetative structures within the survey area. 

Count vegetation, which grows in clumps as a single unit. Where different 

types of vegetation exist and/or vegetation of different height and width 

exists, separate the vegetative structures with similar dimensions into groups. 

Count the number of vegetative structures in each group within the survey 

area. Select an individual structure within each group that represents the 

average height and width of the vegetation in the group. If the structure is 

dense (e.g., when looking at it vertically from base to top there is little or zero 

open air space within its perimeter), calculate and record its frontal silhouette 

139
area, according to Equation 6 of this appendix. Also, use Equation 6 of this 

appendix to estimate the average height and width of the vegetation if the 

survey area is larger than nine square feet. Otherwise, use the procedure in 

subsection 2.6.3 of this appendix to calculate the frontal silhouette area. Then 

calculate the percent cover of standing vegetation according to Equations 7, 8, 

and 9 of this appendix. 

(Average Height) x (Average Width) = Frontal Silhouette Area. Eq. 6 

(Frontal Silhouette Area Of Individual Vegetative Structure) x (Number Of Vegetation Structures 

Per Group) = Frontal Silhouette Area Of Group. Eq. 7 

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

Area. Eq. 8 

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

[(Number Of Circled Gridlines Within The Outlined Area Counted That Are Not Covered By Vegetation/ 

Total Number Of Gridline Intersections Within The Outlined Area) x 100] = Percent Open Space. Eq. 10 

100 - Percent Open Space = Percent Vegetative Density. Eq. 11 

Percent Vegetative Density/100 = Vegetative Density. Eq. 12 

[Max. Height x Max. Width] x [Vegetative Density/0.4]0.5 = Frontal Silhouette Area. Eq.13 

Note: Ensure consistent units of measurement (e.g., square meters or square inches when calculating 

percent cover). 

2.6.3 Vegetative Density Factor. Cut a single, representative piece of vegetation 

(or consolidated vegetative structure) to within 1 cm of surface soil. Using a 

white paper grid or transparent grid over white paper, lay the vegetation flat 

on top of the grid (but do not apply pressure to flatten the structure). Grid 

boxes of 1 inch or 1/2 inch squares are sufficient for most vegetation when 

conducting this procedure. Using a marker or pencil, outline the shape of the 

vegetation along its outer perimeter, according to Figure B, C, or D of this 

appendix, as appropriate. (Note: Figure C differs from Figure D primarily in 

that the width of vegetation in Figure C is narrow at its base and gradually 

broadens to its tallest height. In Figure D, the width of the vegetation 

generally becomes narrower from its midpoint to its tallest height.) Remove 

the vegetation, count and record the total number of gridline intersections 

within the outlined area, but do not count gridline intersections that connect 

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

the outlined area and preferably more than 20, otherwise, use smaller grid 

boxes. Draw small circles (no greater than a 3/32 inch diameter) at each 

gridline intersection counted within the outlined area. Replace the vegetation 

on the grid within its outlined shape. From a distance of approximately 2 feet 

directly above the grid, observe each circled gridline intersection. Count and 

record the number of circled gridline intersections that are not covered by any 

piece of the vegetation. To calculate percent vegetative density, use Equations 

10 and 11 of this appendix. If percent vegetative density is equal to or greater 

than 30, use an equation (one of the equations-Equations 16, 17, or 18 of this 

appendix) that matches the outline used to trace the vegetation (Figure B, C, 

or D) to calculate its frontal silhouette area. If percent vegetative density is 

less than 30, use Equations 12 and 13 of this appendix to calculate the frontal 

silhouette area. 

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Figure B. Cylinder

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

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Figure C. Inverted Cone 

Frontal Silhouette Area = Maximum Height x 1/2 Maximum Width Eq. 17 

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Figure D. Upper Sphere 

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

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2.7 Rock Test Method. The Rock Test Method, which is similar to Section 2.4 (Test 

Methods For Stabilization-Determination Of Threshold Friction Velocity (TFV)) of this 

appendix, examines the wind-resistance effects of rocks and other non-erodible elements 

on disturbed surfaces. Non-erodible elements are objects larger than 1 centimeter (cm) in 

diameter that remain firmly in place even on windy days. Typically, non-erodible 

elements include rocks, stones, glass fragments, and hardpacked clumps of soil lying on 

or embedded in the surface. Vegetation does not count as a non-erodible element in this 

method. The purpose of this test method is to estimate the percent cover of non-erodible 

elements on a given surface to see whether such elements take up enough space to offer 

protection against windblown dust. For simplification, the following test method refers to 

all non-erodible elements as “rocks”. 

2.7.1 Select a 1 meter by 1 meter survey area that represents the general rock 

distribution on the surface. (A 1 meter by 1 meter area is slightly greater than 

a 3 foot by 3 foot area.) Mark-off the survey area by tracing a straight, visible 

line in the dirt along the edge of a measuring tape or by placing short ropes, 

yard sticks, or other straight objects in a square around the survey area. 

2.7.2 Without moving any of the rocks or other elements, examine the survey area. 

Since rocks >3/8 inch (1 cm) in diameter are of interest, measure the diameter 

of some of the smaller rocks to a get a sense for which rocks need to be 

considered. 

2.7.3 Mentally group the rocks >3/8 inch (1 cm) diameter lying in the survey area 

into small, medium, and large size categories. Or, if the rocks are all 

approximately the same size, simply select a rock of average size and typical 

shape. Without removing any of the rocks from the ground, count the number 

of rocks in the survey area in each group and write down the resulting 

number. 

2.7.4 Without removing rocks, select one or two average-size rocks in each group 

and measure the length and width. Use either metric units or standard units. 

Using a calculator, multiply the length times the width of the rocks to get the 

average dimensions of the rocks in each group. Write down the results for 

each rock group. 

2.7.5 For each rock group, multiply the average dimensions (length times width) by 

the number of rocks counted in the group. Add the results from each rock 

group to get the total rock area within the survey area. 

2.7.6 Divide the total rock area, calculated in subsection 2.7.5 of this appendix, by 

two (to get frontal area). Divide the resulting number by the size of the survey 

area (make sure the units of measurement match), and multiply by 100 for 

percent rock cover. For example, the total rock area is 1,400 square centimeters, divide 1,400 by 2 to get 700. Divide 700 by 10,000 (the survey area is 

1 meter by 1 meter, which is 100 centimeters by 100 centimeters or 10,000 

centimeters) and multiply by 100. The result is 7% rock cover. If rock 

measurements are made in inches, convert the survey area from meters to 

inches (1 inch = 2.54 centimeters). 

2.7.7 Select and mark-off two additional survey areas and repeat the procedures 

described in subsection 2.7.1 through subsection 2.7.6 of this appendix. Make 

sure the additional survey areas also represent the general rock distribution on 

the site. Average the percent cover results from all three survey areas to 

estimate the average percent of rock cover. 

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2.7.8 If the average rock cover is greater than or equal to 10%, the surface is stable. 

If the average rock cover is less than 10%, follow the procedures in subsection 

2.7.9 of this appendix. 

2.7.9 If the average rock cover is less than 10%, the surface may or may not be 

stable. Follow the procedures in Section 2.4 (Determination Of Threshold 

Friction Velocity (TFV)) of this rule and use the results from the rock test 

method as a correction (i.e., multiplication) factor. If the rock cover is at least 

1%, such rock cover helps to limit windblown dust. However, depending on 

the soil’s ability to release fine dust particles into the air, the percent rock 

cover may or may not be sufficient enough to stabilize the surface. It is also 

possible that the soil itself has a high enough TFV to be stable without even 

accounting for rock cover. 

2.7.10 After completing the procedures described in subsection 2.7.9 of this 

appendix, use Table 2 of this appendix to identify the appropriate correction 

factor to the TFV, depending on the percent rock cover. Multiply the 

correction factor by the TFV value for a final TFV estimate that is corrected 

for non-erodible elements. 

3. TIME AVERAGED METHODS OF VISUAL OPACITY DETERMINATION OF 

EMISSIONS FROM DUST GENERATING OPERATIONS 

3.1 Applicability. This method is applicable for the determination of opacity of fugitive dust 

plumes from dust generating operations. A time-averaged regulation is any regulation 

that requires averaging visible emission data to determine the opacity of visible emissions 

over a specific time period.

3.2 Principle. The opacity of emissions from sources of visible emissions is determined 

visually by an observer qualified according to the procedures of Section 3.4 of this 

appendix. 

3.3 Procedures. An observer qualified, in accordance with Section 3.4 of this appendix, shall 

use the following procedures for visually determining the opacity of emissions. 

3.3.1 Procedures For Emissions From Stationary Sources. These procedures are not 

applicable to this section.

3.3.23.3.1 To determine the opacity of non-continuous dust plumes caused by activities 

including, but not limited to, bulk material loading/unloading, nonconveyorized screening, or trenching with backhoes: 

a. Position. Stand at least 25 feet from the dust generating operation in 

order to provide a clear view of the emissions with the sun oriented in 

the 140o sector to the back. Choose a discrete portion of the operation 

for observation, such as the unloading point, not the whole operation. 

Following the above requirements, make opacity observations so that 

the line of vision is approximately perpendicular to the dust plume and 

wind direction. If multiple plumes are involved, do not include more 

than one plume in the line of sight at one time. 

b. Initial Fallout Zone. The initial fallout zone within the plume must be 

identified. Record the distance from the equipment or path that is your 

identified initial fallout zone. The initial fallout zone is that area where 

the heaviest particles drop out of the entrained fugitive dust plume. 

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Opacity readings should be taken at the maximum point of the 

entrained fugitive dust plume that is located outside the initial fallout 

zone. 

c. Field Records. Note the following on an observational record sheet: 

1. Location of dust generating operation, type of operation, type 

of equipment in use and activity, and method of control used, if any; 

2. Observer's name, certification data and affiliation, a sketch of 

the observer's position relative to the dust generating operation, and 

observer’s estimated distance and direction to the location of the dust 

generating operation; 

3. Time that readings begin, approximate wind direction, 

estimated wind speed, description of the sky condition (presence and 

color of clouds); and 

4. Color of the plume and type of background. 

d. Observations. Make opacity observations, to the extent possible, using 

a contrasting background that is perpendicular to the line of vision. 

Make two observations per discrete activity, beginning with the first 

reading at zero seconds and the second reading at five seconds. The 

zero-second observation should begin immediately after a plume has 

been created above the surface involved. Do not look continuously at 

the plume but, instead, observe the plume briefly at zero seconds and 

then again at five seconds. 

e. Recording Observations. Record the opacity observations to the 

nearest 5% on an observational record sheet. Each momentary 

observation recorded represents the average opacity of emissions for a 

5-second period. Repeat observations until you have recorded at least a 

total of 12 consecutive opacity readings. The 12 consecutive readings 

must be taken within the same period of observation but must not 

exceed one hour. Observations immediately preceding and following 

interrupted observations can be considered consecutive (e.g., vehicle 

traveled in front of path, plume doubled-over). 

f. Data Reduction. Average 12 consecutive opacity readings together. If 

the average opacity reading equals 20% or lower, the dust generating 

operation is in compliance. with the opacity standard described in Rule 

310 of these rules.

3.3.33.3.2 To determine the opacity of continuous dust plumes caused by equipment and 

activities including but not limited to graders, trenchers, paddlewheels, blades, 

clearing, leveling, and raking: 

a. Position. Stand at least 25 feet from the dust generating operation to 

provide a clear view of the emissions with the sun oriented in the 140o 

sector to your back. Following the above requirements, make opacity 

observations so that the line of vision is approximately perpendicular to 

the dust plume and wind direction. 

b. Dust Plume. Evaluate the dust plume generation and determine if the 

observations will be made from a single plume or from multiple related 

plumes. 

1. If a single piece of equipment is observed working, then all 

measurements should be taken off the resultant plume as long as 

the equipment remains within the 140o sector to the back. 

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2. If there are multiple related sources or multiple related points of 

emissions of dust from a particular activity, or multiple pieces of 

equipment operating in a confined area, opacity readings should be 

taken at the densest point within the discrete length of equipment 

travel path within the 140o sector to the back. Readings can be 

taken for more than one piece of equipment within the discrete 

length of travel path within the 140o sector to the back. 

c. Initial Fallout Zone. The initial fallout zone within the plume must be 

identified. Record the distance from the equipment or path that is your 

identified initial fallout zone. The initial fallout zone is that area where 

the heaviest particles drop out of the entrained fugitive dust plume. 

Opacity readings should be taken at the maximum point of the 

entrained fugitive dust plume that is located outside the initial fallout 

zone. 

d. Field Records. Note the following on an observational record sheet: 

1. Location of the dust generating operation, type of operation, type 

of equipment in use and activity, and method of control used, if 

any; 

2. Observer's name, certification data and affiliation, a sketch of the 

observer's position relative to the dust generating operation, and 

observer’s estimated distance and direction to the location of the 

dust generating operation; and 

3. Time that readings begin, approximate wind direction, estimated 

wind speed, description of the sky condition (presence and color of 

clouds). 

e. Observations. Make opacity observations, to the extent possible, using 

a contrasting background that is perpendicular to the line of vision. 

Make opacity observations at a point beyond the fallout zone. The 

observations should be made at the densest point. Observations will be 

made every 10 seconds until at least 12 readings have been recorded. 

Do not look continuously at the plume, but observe the plume 

momentarily at 10-second intervals. If the equipment generating the 

plume travels outside the field of observation or if the equipment ceases 

to operate, mark an “x” for the 10-second reading interval. Mark an “x” 

when plumes are stacked or doubled, either behind or in front, or 

become parallel to line of sight. Opacity readings identified as “x” shall 

be considered interrupted readings. 

f. Recording Observations. Record the opacity observations to the 

nearest 5% on an observational record sheet. Each momentary 

observation recorded represents the average opacity of emissions for a 

10-second period. 

g. Data Reduction. Average 12 consecutive opacity readings together. If 

the average opacity reading equals 20% or lower, the dust generating 

operation is in compliance. with the opacity standard described in Rule 

310 of these rules.

3.4 Qualification and Testing. 

3.4.1 Certification Requirements. To receive certification as a qualified observer, a 

candidate must be tested and demonstrate the ability to assign opacity 

readings in 5% increments to 25 different black plumes and 25 different white 

147
plumes, with an error not to exceed 15% opacity on any one reading and an 

average error not to exceed 7.5% opacity in each category. Candidates shall 

be tested according to the procedures described in subsection 3.4.2 of this 

appendix. Any smoke generator used pursuant to subsection 3.4.2 of this 

appendix shall be equipped with a smoke meter, which meets the 

requirements of subsection 3.4.3 of this appendix. Certification tests that do 

not meet the requirements of subsections 3.4.2 and 3.4.3 of this appendix are 

not valid. The certification shall be valid for a period of 6 months, and after 

each 6-month period the qualification procedures must be repeated by an 

observer in order to retain certification. 

3.4.2 Certification Procedure. The certification test consists of showing the 

candidate a complete run of 50 plumes, 25 black plumes and 25 white plumes, 

generated by a smoke generator. Plumes shall be presented in random order 

within each set of 25 black and 25 white plumes. The candidate assigns an 

opacity value to each plume and records the observation on a suitable form. 

At the completion of each run of 50 readings, the score of the candidate is 

determined. If a candidate fails to qualify, the complete run of 50 readings 

must be repeated in any retest. The smoke test may be administered as part of 

a smoke school or training program, and may be preceded by training or 

familiarization runs of the smoke generator, during which candidates are 

shown black and white plumes of known opacity. 

3.4.3 Smoke Generator Specifications. Any smoke generator used for the purpose 

of subsection 3.4.2 of this appendix shall be equipped with a smoke meter 

installed to measure opacity across the diameter of the smoke generator stack. 

The smoke meter output shall display in-stack opacity, based upon a path 

length equal to the stack exit diameter on a full 0% to 100% chart recorder 

scale. The smoke meter optical design and performance shall meet the 

specifications shown in Table A of this appendix. The smoke meter shall be 

calibrated as prescribed in subsection 3.4.3(a) of this appendix prior to 

conducting each smoke reading test. At the completion of each test, the zero 

and span drift shall be checked, and if the drift exceeds plus or minus 1% 

opacity, the condition shall be corrected prior to conducting any subsequent 

test runs. The smoke meter shall be demonstrated, at the time of installation, 

to meet the specifications listed in Table A of this appendix. This 

demonstration shall be repeated following any subsequent repair or 

replacement of the photocell or associated electronic circuitry, including the 

chart recorder or output meter, or every 6 months, whichever occurs first. 

a. Calibration. The smoke meter is calibrated after allowing a minimum 

of 30 minutes warm-up by alternately producing simulated opacity of 

0% and 100%. When stable response at 0% or 100% is noted, the 

smoke meter is adjusted to produce an output of 0% or 100%, as 

appropriate. This calibration shall be repeated until stable 0% and 

100% readings are produced without adjustment. Simulated 0% and 

100% opacity values may be produced by alternately switching the 

power to the light source on and off while the smoke generator is not 

producing smoke. 

b. Smoke Meter Evaluation. The smoke meter design and performance 

are to be evaluated as follows:

1. Light Source. Verify, from manufacturer's data and from 

voltage measurements made at the lamp, as installed, that the 

lamp is operated within plus or minus 5% of the nominal rated 

voltage. 

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2. Spectral Response Of Photocell. Verify from manufacturer's 

data that the photocell has a photopic response (i.e., the 

spectral sensitivity of the cell shall closely approximate the 

standard spectral-luminosity curve for photopic vision which 

is referenced in (b) of Table A of this appendix). 

3. Angle Of View. Check construction geometry to ensure that 

the total angle of view of the smoke plume, as seen by the 

photocell, does not exceed 15°. Calculate the total angle of 

view as follows: 

Total Angle Of View = 2tan-1 d/2L 

 Where: 

d = The photocell diameter + the diameter of the limiting 

 aperture; and 

L = The distance from the photocell to the limiting aperture. 

The limiting aperture is the point in the path between the 

photocell and the smoke plume where the angle of view is 

most restricted. In smoke generator smoke meters, this is 

normally an orifice plate. 

4. Angle Of Projection. Check construction geometry to ensure 

that the total angle of projection of the lamp on the smoke 

plume does not exceed 15°. Calculate the total angle of 

projection as follows: 

Total Angle Of Projection = 2tan-1 d/2L 

 Where: 

d = The sum of the length of the lamp filament + the diameter 

of the limiting aperture; and 

L = The distance from the lamp to the limiting aperture. 

5. Calibration Error. Using neutral-density filters of known 

opacity, check the error between the actual response and the 

theoretical linear response of the smoke meter. This check is 

accomplished by first calibrating the smoke meter, according 

to subsection 3.4.3(a) of this appendix, and then inserting a 

series of three neutral-density filters of nominal opacity of 

20%, 50%, and 75% in the smoke meter path length. Use 

filters calibrated within plus or minus 2%. Care should be 

taken when inserting the filters to prevent stray light from 

affecting the meter. Make a total of five nonconsecutive 

readings for each filter. The maximum opacity error on any 

one reading shall be plus or minus 3%. 

6. Zero And Span Drift. Determine the zero and span drift by 

calibrating and operating the smoke generator in a normal 

manner over a 1-hour period. The drift is measured by 

checking the zero and span at the end of this period. 

7. Response Time. Determine the response time by producing 

the series of five simulated 0% and 100% opacity values and 

observing the time required to reach stable response. Opacity 

values of 0% and 100% may be simulated by alternately 

switching the power to the light source off and on while the 

smoke generator is not operating. 

 Table A. Smoke Meter Design And Performance Specifications 

149
Parameter Specification 

a. Light Source Incandescent lamp operated at nominal rated voltage. 

b. Spectral response of photocell Photopic (daylight spectral response of the human eye).

c. Angle of view 15° maximum total angle

d. Angle of projection 15° maximum total angle

e. Calibration error Plus or minus 3% opacity, maximum.

f. Zero and span drift Plus or minus 1% opacity, 30 minutes. 

g. Response time Less than or equal to 5 seconds

4. VISUAL OPACITY DETERMINATION OF EMISSIONS FROM LIVESTOCK 

ACTIVITIES - CORRALS, PENS, AND ARENAS

4.1 Applicability. This method is applicable for the determination of opacity of fugitive dust 

plumes from livestock activities-corrals, pens, and arenas.

4.2 Principle. The opacity of emissions from livestock activities-corrals, pens, and arenas is 

determined visually by an observer qualified according to Section 3.4 of this appendix.

4.3 Procedures. An observer qualified, in accordance with Section 3.4 of this appendix, shall 

use the following procedures for visually determining the opacity of emissions: 

4.3.1 Position. Stand at a position at least 5 meters from the livestock activitiescorrals, pens, and arenas in order to provide a clear view of the emissions with 

the sun oriented in the 140° sector to the back. Consistent as much as possible 

with maintaining the above requirements, make opacity observations from a 

position such that the line of sight is approximately perpendicular to the plume 

and wind direction. As much as possible, if multiple plumes are involved, do not 

include more than one plume in the line of sight at one time.

4.3.2 Field Records. Record the name of the site, method of control used, if any, 

observer's name, certification data and affiliation, and a sketch of the observer's 

position relative to the livestock activity-corrals, pens, and arenas. Also, record 

the time, estimated distance to the livestock activity-corrals, pens, and arenas 

location, approximate wind direction, estimated wind speed, description of the 

sky condition (presence and color of clouds), observer's position relative to the 

livestock activity-corrals, pens, and arenas, and color of the plume and type of 

background on the visible emission observation from when opacity readings are 

initiated and completed.

4.3.3 Observations. Make opacity observations, to the extent possible, using a 

contrasting background. For storage piles, make opacity observations 

approximately 1 meter above the surface from which the plume is generated. 

The initial observation should begin immediately after a plume has been created 

above the surface involved. Do not look continuously at the plume, but instead 

observe the plume momentarily at 15-second intervals.

4.3.4 Recording Observations. Record the opacity observations to the nearest 5% 

every 15 seconds on an observational record sheet. If a multiple plume exists at 

the time of an observation, do not record an opacity reading. Mark an “x” for 

that reading. If the livestock activity-corrals, pens, and arenas ceases operating, 

mark an “x” for the 15-second interval reading. Readings identified as “x” shall 

be considered interrupted readings.

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151

4.3.5 Data Reduction. Within any 60-minute period, count at least three minutes that 

are greater than 20% opacity. If at least 13 readings are greater than 20% 

opacity, the livestock activity-corrals, pens, and arenas is not in compliance. 

Readings immediately preceding and following interrupted readings shall be 

deemed consecutive and in no case shall two sets overlap, resulting in multiple 

violations.