______________________________________________________________________________

Appendix 10: Demonstration that January 27 2010 Adopted Version of Rule 310.01 is as 

Stringent as SIP–Approved Rule 310.01

Page 362 of 720
Demonstration That January 27, 2010 Adopted Version Of Rule 310.01 Is As Stringent As SIP-Approved Rule 310.01

The table below demonstrates that the most recently adopted version of Rule 310.01: Fugitive Dust From Non-Traditional Sources Of Fugitive Dust Fugitive Dust 

(adopted January 27, 2010) is as stringent as SIP-approved Rule 310.01: Fugitive Dust From Open Areas, Vacant Lots, Unpaved Parking Lots, And Unpaved 

Roadways (adopted February 17, 2005). Column A includes all of the text in SIP-approved Rule 310.01 (adopted 2005) in chronological section number order with

each rule section identified by a row number. Column B includes the text in Rule 310.01 (adopted 2010) that corresponds to the text in SIP-approved Rule 310.01 

(adopted 2005), but the text is not in chronological section number order. Column C includes an explanation of how Column B relates to Column A (i.e., how Rule 

310.01 (adopted 2010) relates to SIP-approved Rule 310.01 (adopted 2005)). In some instances, there is text in Column B with no corresponding text in Column A 

(e.g., Row 3). In other instances, there is text in Column A with no text in Column B (e.g., Row 17). In these instances, text has either been added to or deleted 

from Rule 310.01 (adopted 2010). Column C explains these instances.

A. B. C.

SIP-Approved Rule 310.01

Revised February 17, 2005

Rule 310.01

Revised January 27, 2010

Explanation:

How Column B Relates To Column A

1.

101 PURPOSE: To limit the emission of particulate matter into 

the am bient 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 

minimize the amount of fine particulate matter (PM10) entrained 

into t he a mbient ai r a s a r esult of t he i mpact of hu man 

activities by requiring measures to prevent, reduce, or mitigate 

particulate matter emissions.

101 PURPOSE: To minimize the amount of fugitive dust 

entrained i nto t he a mbient air from non-traditional s ources of 

fugitive dus t by r equiring measures t o pr event, r educe, or 

mitigate fugitive dust emissions.

In Rule 310.01 (adopted 2010), Section 101 is the same 

as S ection 101 i n S IP-approved Rule 310. 01 ( adopted 

2005). However, in Rule 310.01 (adopted 2010), Section 

101 states that the purpose of Rule 310.01 is 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. “Non-traditional source” is defined in Section 

218 of R ule 310 .01 ( adopted 2 010) as a source of 

fugitive dust t hat is l ocated at a source that does not 

require a ny per mit under t hese r ules. S ection 218 al so 

lists the following sources: vehicle use in open areas and 

vacant lots, open areas and vacant lots, unpaved parking 

lots, unpav ed r oadways ( including al leys), l ivestock 

activities, erosion-cause deposition of bulk materials onto 

paved s urfaces, and eas ements, r ights-of-way, and 

access r oads f or u tilities ( electricity, nat ural gas , oi l, 

water, and gas transmission).

Rule 310 .01 (adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

2.

102 APPLICABILITY: The provisions of this rule shall apply to 

open ar eas, v acant l ots, unpav ed par king l ots, and unpav ed 

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 addi tion, t he pr ovisions o f t his r ule shall appl y 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 (ARS) §42-12151 and A RS §42-12152. The provisions 

of this r ule shall no t app ly t o n ormal f arm cultural pr actices 

according to ARS §49-457 and ARS §49-504.4.

102 APPLICABILITY:

102.1 The pr ovisions of this r ule s hall appl y t o non -traditional 

sources of fugitive dust that are conducted in Maricopa County, 

except f or t hose du st-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 Revises Statutes 

(A.R.S.) § 42-12151 and A.R.S. § 42-12152.

In Rule 310.01 (adopted 2010), Section 102 is the same 

as S ection 102 i n S IP-approved Rule 310. 01 ( adopted 

2005). However, in Rule 310.01 (adopted 2010), Section 

102 s tates that R ule 310. 01 ap plies to non -traditional 

sources of fugitive dust, which is defined in Section 218, 

that ar e c onducted i n M aricopa C ounty and appl ies t o 

any open ar ea or v acant l ot t hat i s not def ined as 

agricultural land and is not used for agricultural 

purposes. I nstead of de scribing which s ources and/ or 

activities are not subject to Rule 310.01, Section 102 

Page 363 of 720
A. B. C.

SIP-Approved Rule 310.01

Revised February 17, 2005

Rule 310.01

Revised January 27, 2010

Explanation:

How Column B Relates To Column A

describes which sources and/or activities are subject to 

Rule 310. 01. T he r eader i s di rected t o Section 103: 

Exemptions f or sources and /or ac tivities w hich ar e not 

subject to Rule 310.01.

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

3.

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 pr ovisions of t his r ule s hall not appl y t o dus tgenerating oper ations t hat ar e subject to t he standards and/ or 

requirements described in Rule 310: Fugitive Dust From DustGenerating Operations of these rules.

103.3 The provisions of this rule shall not apply to emergency 

activities t hat may di sturb t he s oil conducted by any ut ility o r 

government agency in order to prevent public injury or to restore 

critical utilities to functional status.

103.4 The provisions of this rule do not apply to establishment 

of initial landscapes without the use of mechanized equipment, 

conducting l andscape maintenance w ithout t he us e of 

mechanized equi pment, and pl aying on or m aintaining a f ield 

used f or non -motorized s ports. H owever, es tablishing i nitial 

landscapes w ithout t he us e of m echanized equi pment and 

conducting l andscape maintenance w ithout t he us e of 

mechanized equi pment s hall not i nclude gr ading or t renching 

performed to establish initial landscapes or to redesign existing 

landscapes.

In S IP-approved R ule 310. 01 ( adopted 2005) , 

exemptions were addr essed i n Sections 102 , 204, 207, 

217, and 301. O ne ex emption absolved nor mal f arm 

cultural practices from adherence to Rule 310.01. Some 

exemptions clarified how t erms w ere def ined. F or 

example:

• The definition of “disturbed surface area” (Section 204) 

stated that an area was considered to be a di sturbed 

surface area until the activity that caused the disturbance 

had been completed and the disturbed surface area met 

the standards in Rule 310.01.

• The definition of “fugitive dust” (Section 207) stated that 

fugitive dust did not include particulate matter emitted 

directly from the exhaust of motor vehicles and other 

internal c ombustion engi nes, f rom por table br azing, 

soldering, or w elding equi pment, and f rom pi ledrivers 

and di d not i nclude em issions f rom pr ocess and 

combustion sources.

• The def inition of “ unpaved r oadway ( including al leys)” 

(Section 217) stated that an unpaved roadway (including 

alleys) was not a horse trail, hiking path, bicycle path, or 

other similar path used exclusively for purposes other 

than travel by motor vehicles.

Also, in Section 301, an exemption clarified the 

standards for vehicle use in open areas and v acant lots 

by stating that landscape maintenance did not include 

grading, t renching, nor any ot her mechanized surface 

disturbing activities performed to establish initial 

landscapes or to redesign existing landscapes.

In Rule 310.01 (adopted 2010), Section 103 lists four 

exemptions. Three ex emptions abs olve t he s ource 

and/or activity from adherence to Rule 310.01:

• Normal farm cultural practices

• Sources and/or activities that are subject to Rule 310

• Emergency activities that will disturb the soil conducted 

by any utility or government agency in order to pr event 

public injury or restore critical utilities to functional status

Two of t hese e xemptions are s imilar t o ex emptions 

provided i n S IP-approved R ule 310. 01 ( adopted 2005) . 

One of these exemptions (i.e., emergency activities) was 

not included in the SIP-approved Rule 310.01 (adopted 

2005). The exemption for emergency activities is similar 

Page 364 of 720
A. B. C.

SIP-Approved Rule 310.01

Revised February 17, 2005

Rule 310.01

Revised January 27, 2010

Explanation:

How Column B Relates To Column A

to an exemption allowed in Clark County’s Section 

94.2.5.

One exemption, in Rule 310.01 (adopted 2010), Section 

103, clarifies how “dust-generating operation” is defined: 

Establishing initial landscapes without the use of 

mechanized equi pment, c onducting l andscape 

maintenance without the use of mechanized equipment, 

and pl aying on or maintaining a f ield u sed f or non -

motorized s ports shall not be c onsidered a dus tgenerating operation. However, es tablishing initial 

landscapes without the use of mechanized equipment

and conducting landscape maintenance without the use 

of m echanized equi pment s hall not i nclude gr ading, or 

trenching, performed to establish initial landscapes or to 

redesign existing l andscapes. T his exemption i s similar 

to t he ex emption that clarified t he s tandard for v ehicle 

use i n open ar eas and vacant l ots pr ovided i n S IPapproved Rule 310.01 (adopted 2005).

The exemption clarifying the definition of “disturbed 

surface area”, which was included in Section 204 in SIPapproved Rule 310.01 (adopted 2005), is not included in 

Rule 310. 01 ( adopted 201 0), b ecause t he ex emption 

contradicts t he pur pose of R ule 310. 01. Also, the 

exemptions clarifying the definition of “fugitive dust” 

(Section 207) and the definition of “unpaved roadway 

(including alleys)” (Section 217), which were included in 

the S IP-approved R ule 31 0.01 ( adopted 2005) , are not 

included in the exemptions section of Rule 310.01 

(adopted 2010) but rather are included in the specific 

definitions in Rule 310 (adopted 2010) (i.e., in the 

definition o f “ fugitive du st” i n S ection 213 and i n t he 

definition of “unpaved roadway (including alleys)” in 

Section 231).

The exemptions provided in Rule 310.01 (adopted 2010) 

are s imilar t o the exemptions pr ovided i n S IP-approved 

Rule 310. 01 ( adopted 2005), e xcept for t he e xemption 

for emergency activities. This exemption is similar to an 

exemption al lowed i n C lark C ounty’s S ection 94. 2.5; 

therefore, R ule 310. 01 ( adopted 2010) m eets the most 

stringent measures ( MSM) t est r equired by t he F ive 

Percent Plan and is no less stringent than SIP-approved 

Rule 310.01 (adopted 2005).

4.

SECTION 200 - DEFINITIONS: See R ule 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:

SECTION 200 – DEFINITIONS: For the purpose of this rule, the 

following definitions apply, in addition to those definitions found 

in Rule 100: General Provisions and Definitions of these rules. 

In the event of any inconsistency between any of the Maricopa 

In Rule 310.01 (adopted 2010), the introduction to 

Section 200 m akes it clear t hat the def initions in R ule 

310.01 take precedence.

Page 365 of 720
A. B. C.

SIP-Approved Rule 310.01

Revised February 17, 2005

Rule 310.01

Revised January 27, 2010

Explanation:

How Column B Relates To Column A

County air pollution control rules, the definitions in this rule take 

precedence.

Rule 310 .01 (adopted 201 0) i s as s tringent a s S IPapproved Rule 310 (adopted 2004).

5.

201 ANIMAL WASTE: Any ani mal ex cretions and mixtures 

containing animal excretions.

Rule 310 .01(adopted 2010) includes the definition of 

“animal waste”, which matches the definition used in San 

Joaquin’s R ule 4570 -Confined A nimal Facilities. SIPapproved Rule 310.01 (adopted 2005) did not include the 

definition of “animal waste”.

Rule 310 .01 (adopted 20 10) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

6.

202 AREA A: As defined in A .R.S. § 49 -541(1), t he ar ea i n 

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

Rule 310.01 (adopted 2010) includes the definition of 

“Area A ”; T he def inition matches A rizona R evised 

Statutes (A.R.S.) § 49-541(l). SIP-approved Rule 310.01

(adopted 2005) did not include the definition of “Area A”. 

Rule 310 .01 (adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

7.

203 AREA ACCESSIBLE TO THE PUBLIC: Any paved parking 

lot or pav ed roadway t hat can be entered or used for public 

travel primarily for purposes unrelated to the dust-generating 

operation.

Rule 310.01 (adopted 2010) includes the definition of 

“area ac cessible t o the publ ic”. SIP-approved R ule 

310.01 (adopted 200 5) di d not i nclude t he def inition of 

“area accessible to the public”.

The basis for the definition of “area accessible to the 

public” is the fact that members of the public can be 

exposed to fugitive dust from private roadways to which 

they hav e ac cess. T he t erm “ area ac cessible to t he 

public” covers paved parking lots accessible to the 

public, schools, c hurches, and g ated s ubdivisions. The 

term is intended to close a loophole that allowed parking 

lot s urfaces to be u sed as t rackout control dev ices 

without restricting public travel. Also, the term is intended 

to clarify a t w hat phy sical poi nt t rackout must be 

controlled and c leaned up. The key factor is whether an 

area is “open to public travel”. A roadway is not public if 

either ( 1) ac cess t o pr ivate r oads i s l imited by pos ting 

signs to c learly i ndicate w ho might ut ilize a pr ivate 

roadway o r ( 2) phy sically l imiting access by i nstalling 

barriers.

Rule 310 .01 (adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

8.

201 BULK MATERIAL: Any material, including, but not limited to, 

earth, rock, silt, sediment, sand, gravel, soil, fill, aggregate less 

204 BULK MATERIAL: Any material, including, but not limited 

to, the following materials that are capable of producing fugitive 

The definition of “bulk material” in Rule 310.01 (adopted 

2010) has a di fferent f ormat than t he def inition of “ bulk 

Page 366 of 720
A. B. C.

SIP-Approved Rule 310.01

Revised February 17, 2005

Rule 310.01

Revised January 27, 2010

Explanation:

How Column B Relates To Column A

than 2 inches in length or diameter (i.e., aggregate base course

(ABC)), dirt, mud, demolition debris, cotton, trash, cinders, 

pumice, saw dust, feeds, grains, fertilizers, fluff (from shredders), 

and dry concrete, that are capable of producing fugitive dust.

dust:

204.1 Earth.

204.2 Rock.

204.3 Silt.

204.4 Sediment.

204.5 Sand.

204.6 Gravel.

204.7 Soil.

204.8 Fill.

204.9 Aggregate less than 2 i nches 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.

material” i n S IP-approved R ule 3 10.01 (adopted 200 5). 

Also, materials that were listed twice in the definition of 

“bulk material” ( e.g., “ earth”) in S IP-approved R ule 

310.01 (adopted 2005) were eliminated from the 

definition of “ bulk material” i n Rule 310 .01 ( adopted 

2010).

Rule 310 .01 (adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

9.

202 CHEMICAL/ORGANIC STABILIZER: Any non -toxic 

chemical or or ganic du st s uppressant, ot her t han w ater, w hich 

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.

205 CHEMICAL/ORGANIC STABILIZER: Any non-toxic 

chemical or organic dust suppressant, other than water, which 

meets any s pecifications, criteria, or t ests r equired by any 

federal, state, or local water agency and is not prohibited for use 

by any applicable law, rule, or regulation.

The definition of “chemical/organic stabilizer” is the same 

in Rule 310. 01 ( adopted 2010) as it is in S IP-approved 

Rule 310.01 (adopted 2005).

Rule 310 .01 (adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

10.

203 CONTROL MEASURE: A technique, practice, or procedure 

used to pr event or minimize t he gener ation, e mission, 

entrainment, s uspension, and/or ai rborne t ransport of f ugitive 

dust.

206 CONTROL MEASURE: A technique, practice, or procedure 

used t o pr event or minimize t he gener ation, e mission, 

entrainment, suspension, and/or airborne transport of fugitive 

dust.

The def inition of “control m easure” i s t he s ame i n Rule 

310.01 ( adopted 2010) as i t i s in S IP-approved R ule 

310.01 (adopted 2005).

Rule 310 .01 (adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

11.

204 DISTURBED SURFACE AREA: A portion of the earth's 

surface (or material placed thereupon) which has been physically 

moved, un covered, de stabilized, o r ot herwise modified f rom i ts 

undisturbed native condition, thereby increasing the potential for 

the emission of fugitive dust. For the purpose of this rule, an area 

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

caused t he d isturbance has bee n completed and t he d isturbed 

surface area meets the standards described in Section 300 of this 

rule, as applicable.

207 DISTURBED SURFACE AREA: A portion of the earth's 

surface or material placed on the earth’s surface that has been 

physically moved, uncovered, destabilized, or otherwise 

modified from its undisturbed native condition if the potential for 

the emission of fugitive dust is increased by the movement, 

destabilization, or modification.

In S IP-approved R ule 310. 01 ( adopted 2005 ), t he 

definition of “disturbed surface area” stated that an ar ea 

was considered to be a di sturbed surface area until the 

activity that caused the disturbance had been completed 

and the disturbed surface area met the standards in Rule 

310.01. I n R ule 310. 01 ( adopted 2008) , t his s tatement 

was i ncluded i n t he exemption section – Section 103 – 

rather than in the definition of “disturbed surface area”. In 

Rule 310.01 (adopted 2010), the exemption clarifying the 

definition of “disturbed surface area”, which was included 

in the SIP-approved Rule 310.01 (adopted 2005) and i n 

Rule 310.01 (adopted 2008), is not included, because 

the exemption contradicts the purpose of Rule 310.01.

Page 367 of 720
A. B. C.

SIP-Approved Rule 310.01

Revised February 17, 2005

Rule 310.01

Revised January 27, 2010

Explanation:

How Column B Relates To Column A

Rule 310 .01 (adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

12.

208 DUST-GENERATING OPERATION: Any activity capable of 

generating f ugitive dus t, i ncluding but not l imited t o, t he 

following activities:

208.1 Land c learing, maintenance, and l and cleanup us ing 

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, bul k material s tacking, l oading, and unl oading 

operations).

208.8 Storage and/ or t ransporting oper ations ( e.g., open 

storage piles).

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 i nitial l andscapes us ing mechanized 

equipment.

Rule 310.01 (adopted 2010) includes the definition of 

“dust-generating operation”. SIP-approved Rule 310.01

(adopted 2005) did not include the definition of “dustgenerating operation”. The list of activities constituting a 

dust-generating operation m atches Clark C ounty’s 

definition o f “ construction a ctivities” in S ection 94 -

Permitting and Dust Control for Construction Activities.

Rule 310 .01 (adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

13.

205 DUST SUPPRESSANT: Water, hy groscopic m aterial, 

solution o f w ater and c hemical s urfactant, f oam, non -toxic 

chemical s tabilizer, or any other dus t palliative, which i s not 

prohibited f or gr ound s urface app lication by the Environmental 

Protection Agency (EPA) or the Arizona Department of 

Environmental Quality (ADEQ), or any applicable l aw, rule, or 

regulation, a s a t reatment m aterial for reducing f ugitive dust 

emissions.

209 DUST SUPPRESSANT: Water, hygroscopic m aterial, 

solution of water and chemical surfactant, foam, non-toxic 

chemical stabilizer, or any other dust palliative, which is not 

prohibited f or gr ound surface application by t he Environmental 

Protection A gency ( EPA) or t he A rizona Department o f 

Environmental Q uality ( ADEQ), o r any appl icable l aw, r ule, o r 

regulation, as a treatment material for reducing fugitive dust 

emissions.

The definition of “dust suppressant” is the same in Rule 

310.01 (adopted 2010) as i t i s in S IP-approved R ule 

310.01 (adopted 2005).

Rule 310 .01 (adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

14.

210 EMERGENCY: A situation arising from sudden and 

reasonably unforeseeable events beyond the control of the 

source, including acts of God, which situation requires 

immediate corrective action to restore normal operation, and 

that causes the source to exceed a limitation in this rule, due to 

unavoidable increases in emissions attributable to the 

emergency. An emergency shall not include any noncompliance 

due to improperly designed equipment, lack of preventative 

maintenance, careless or improper operation, or operator error.

Rule 310.01 (adopted 2010) includes the definition of 

“emergency”. SIP-approved Rule 310.01 (adopted 2005) 

did not i nclude t he def inition of “ emergency”. T he 

definition of “ emergency” i s i ncluded i n R ule 310 .01

(adopted 2010) t o c larify t he ex emption f or e mergency 

activities in Section 103.3 of Rule 310.01 (adopted 

2010).

Rule 310 .01 (adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

15.

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.

Rule 310.01 (adopted 2010) includes the definition of 

“emergency a ctivity”. S IP-approved R ule 310 .01

(adopted 200 5) di d not i nclude t he def inition o f 

“emergency ac tivity”. The definition of “ emergency 

activity” is included in Rule 310.01 (adopted 2010) to 

clarify the exemption for emergency activities in Section 

Page 368 of 720
A. B. C.

SIP-Approved Rule 310.01

Revised February 17, 2005

Rule 310.01

Revised January 27, 2010

Explanation:

How Column B Relates To Column A

103.3 of Rule 310.01 (adopted 2010).

Rule 310 .01 (adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

16.

212 FEED LANE ACCESS AREAS: Roads pr oviding ac cess 

from t he f eed pr eparation ar eas t o and i ncluding f eed l ane 

areas at a livestock a ctivity. T hese ac cess r oads ar e typically 

used to distribute feed from feed trucks to the animals.

Rule 310.01 (adopted 2010) includes the definition of 

“feed l ane ac cess ar eas”; T he definition m atches the 

definition used in South Coast’s Rule 1186-PM10

Emissions F rom P aved A nd Unpaved R oads A nd 

Livestock O perations. S IP-approved R ule 310 .01

(adopted 2005) did not include the definition of “feed lane 

access areas”. 

Rule 310 .01 (adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

17.

206 FEEDLOTS AND/OR LIVESTOCK AREAS: Any ar ea on 

which an oper ation directly related to feeding animals, 

displaying animals, racing animals, exercising animals, and/or 

for any other such activity exists.

Rule 310. 01 ( adopted 2010) does not i nclude t he 

definition of “feedlots and/or livestock areas”, because 

Rule 310.01 (adopted 2010) uses and def ines “livestock 

activities”.

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

18.

207 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 w ind. F or 

the purpose of this rule, fugitive dust does not include particulate 

matter e mitted di rectly f rom the e xhaust o f motor v ehicles an d 

other internal combustion eng ines, f rom p ortable br azing, 

soldering, or welding equipment, and from piledrivers, and d oes 

not include emissions from process and combustion sources that 

are s ubject t o ot her rules in Regulation I II (Control O f Air 

Contaminants) of these rules.

213 FUGITIVE DUST: The particulate matter not collected by a 

capture s ystem, t hat i s ent rained i n t he am bient ai r and i s 

caused f rom hu man and/ or nat ural ac tivities, s uch as , but no t 

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 ot her i nternal c ombustion engi nes, f rom por table 

brazing, soldering, or welding eq uipment, and f rom piledrivers, 

and does not i nclude emissions from pr ocess and combustion 

sources that are subject to other rules in Regulation III (Control 

of Air Contaminants) of these rules.

The def inition of “ fugitive du st” i s the same i n R ule 

310.01 (adopted 2010) as i t i s in S IP-approved R ule 

310.01 (adopted 2005).

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

19.

214 GRAVEL PAD: A layer of washed gravel, rock, or crushed 

rock that i s at l east one i nch o r l arger i n di ameter, that is 

maintained at the point of intersection of an ar ea accessible to 

the publ ic and a s ite ex it t o di slodge m ud, d irt, and /or debr is 

from the t ires of motor v ehicles, pr ior t o l eaving t he s ite. 

Minimum di mensions must be 30 f eet w ide by 3 i nches deep 

and 50 feet long or the length of the longest motor vehicle, 

whichever is greater. If an unpav ed surface exit does not have 

adequate w idth t o i nstall a 30 -foot w ide gravel pad, t hen t he 

width of the gravel pad must cover the full width of the unpaved 

surface exit and such shorter width shall be adequate to prevent 

trackout.

Rule 310.01 (adopted 2010) includes the definition of 

“gravel pad”. SIP-approved Rule 310.01 (adopted 2005) 

did not i nclude t he def inition of “ gravel pad ”. T he 

definition matches the def inition us ed i n R ule 310 

(adopted 2010).

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

20.

215 GRIZZLY: A dev ice ( i.e., rails, pipes, or gr ates) u sed t o 

dislodge mud, d irt, and/ or d ebris f rom the t ires an d 

undercarriage of motor vehicles prior to leaving the work site.

Rule 310.01 (adopted 2010) includes the definition of 

“grizzly”. SIP-approved Rule 310.01 (adopted 2005) did 

not include the definition of “grizzly”. The definition 

matches the definition used in Rule 310 (adopted 2010).

Page 369 of 720
A. B. C.

SIP-Approved Rule 310.01

Revised February 17, 2005

Rule 310.01

Revised January 27, 2010

Explanation:

How Column B Relates To Column A

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

21.

216 LIVESTOCK ACTIVITIES: Any a ctivity d irectly r elated t o 

feeding animals, displaying animals, racing animals, exercising 

animals, and/or for any other such activity including, but not 

limited t o, l ivestock ar enas, ho rse ar enas, f eed l ots, and 

residential activities related to feeding or raising animals.

Rule 310.01 (adopted 2010) includes the definition of 

“livestock activities”. SIP-approved Rule 310.01 (adopted 

2005) did not include the definition of “livestock 

activities”. T he def inition matches t he def inition u sed i n 

South C oast’s R ule 1186 -PM10 Emissions F rom P aved 

And Unpaved Roads And Livestock Operations.

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

22.

208 MOTOR VEHICLE: A self-propelled vehicle for use on t he 

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, t railers or o ther conveyances w hich ar e connected to or 

propelled by the actual motorized portion of the vehicle.

217 MOTOR VEHICLE: A self-propelled vehicle for use on the 

public roads and hi ghways 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.

The def inition of “ motor v ehicle” i s t he s ame i n R ule 

310.01 (adopted 2010) as i t i s in S IP-approved R ule 

310.01 (adopted 2005).

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

23.

218 NON-TRADITIONAL SOURCE OF FUGITIVE DUST: A 

source of fugitive dust that is located at a s ource that does not 

require any permit under these rules. The following nontraditional sources of fugitive dust are subject to the standards 

and/or requirements described in Rule 310.01: Fugitive Dust 

from Non-Traditional Sources of Fugitive Dust of these rules:

218.1 Vehicle use in open areas and vacant lots.

218.2 Open areas and vacant lots.

218.3 Unpaved parking lots.

218.4 Unpaved roadways (including alleys).

218.5 Livestock activities.

218.6 Erosion-caused depos ition of bul k materials on to pav ed 

surfaces.

218.7 Easements, r ights-of-way, and ac cess r oads f or u tilities 

(electricity, natural gas, oil, water, and gas transmission).

Rule 310.01 (adopted 2010) includes the definition of 

“non-traditional sources of fugitive dust”. SIP-approved 

Rule 310.01 (adopted 2005) did not include the definition 

of “non-traditional sources of fugitive dust”. 

The term “non-traditional sources of fugitive dust” is used 

in R ule 310. 01 ( adopted 2010) to i dentify t he types o f 

activities t hat R ule 310. 01 r egulates. U sing t he t erm 

“non-traditional s ources o f fugitive dus t” indicates t hat 

Rule 310. 01 r egulates m ore t han open ar eas, v acant 

lots, unpaved parking lots, and unpaved roadways.

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005)

24.

209 NORMAL FARM CULTURAL PRACTICE: All activities by 

the owner, lessee, agent, independent contractor, and/or supplier 

conducted on any f acility f or t he production of c rops and /or 

nursery pl ants. D isturbances o f the f ield surface caused by 

turning un der stalks, tilling, l eveling, p lanting, f ertilizing, o r 

harvesting are included in this definition.

219 NORMAL FARM CULTURAL PRACTICE: All activities by 

the ow ner, l essee, agent , i ndependent c ontractor, and/ or 

supplier c onducted on any f acility f or t he pr oduction of c rops 

and/or nursery plants. Disturbances of the field surface caused 

by t urning under s talks, tilling, l eveling, pl anting, fertilizing, or 

harvesting are included in this definition.

The definition of “normal farm cultural practice” is the 

same in Rule 310.01 (adopted 2010) as it is in SIPapproved Rule 310.01 (adopted 2005).

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

25.

210 OFF-ROAD VEHICLE: Any s elf-propelled c onveyance 

specifically designed for off-road use, including, but not limited to, 

off-road or all-terrain equipment, trucks, c ars, m otorcycles, 

motorbikes, or motorbuggies.

220 OFF-ROAD VEHICLE: Any self-propelled conveyance 

specifically designed for off-road use, including, but not limited 

to, off-road or all-terrain equipment, trucks, cars, motorcycles, 

motorbikes, or motorbuggies.

The def inition of “ off-road v ehicle” is t he s ame i n Rule 

310.01 (adopted 2010) as i t i s in S IP-approved R ule 

310.01 (adopted 2005).

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

26.

211 OPEN AREAS AND VACANT LOTS: Any of the following 

described in Section 211.1 through Section 211.4 of this rule. For 

the purpose of t his r ule, v acant por tions o f r esidential or 

commercial lots that are immediately adjacent and owned and/or 

operated by the same individual or entity are considered one 

221 OPEN AREAS AND VACANT LOTS: Any of the following 

described in Sections 221.1 through 221.3 of this rule. For the 

purpose of this rule, vacant portions of residential or commercial 

lots that are immediately adjacent and owned and/or operated 

by the same individual or entity are considered one vacant open 

The def inition of “ open ar eas a nd v acant l ots” i s t he 

same in Rule 310.01 (adopted 2010) as it is in SIPapproved Rule 310. 01 ( adopted 2005) . H owever, the 

fourth c riteria - tract of l and, i n the P M10 nonattainment 

area, adjoining agricultural property – that is included in 

Page 370 of 720
A. B. C.

SIP-Approved Rule 310.01

Revised February 17, 2005

Rule 310.01

Revised January 27, 2010

Explanation:

How Column B Relates To Column A

vacant open area or vacant lot.

211.1 An unsubdivided or undeveloped tract of land adjoining 

a dev eloped or a par tially dev eloped r esidential, i ndustrial, 

institutional, governmental, or commercial area.

211.2 A subdivided residential, industrial, institutional, 

governmental, or commercial lot that contains no appr oved or 

permitted buildings or structures of a temporary or permanent 

nature.

211.3 A partially developed residential, industrial, institutional, 

governmental, or commercial lot.

211.4 A tract of land, in the PM10 nonattainment area, adjoining 

agricultural property.

area or vacant lot.

221.1 An unsubdivided or undeveloped tract of land adjoining a 

developed or a partially developed residential, industrial, 

institutional, governmental, or commercial area.

221.2 A subdivided residential, industrial, institutional, 

governmental, or commercial lot that contains no approved or 

permitted buildings or structures of a temporary or permanent 

nature.

221.3 A par tially dev eloped r esidential, i ndustrial, i nstitutional, 

governmental, or commercial lot.

SIP-approved Rule 310.01 (adopted 2005) is not 

included in Rule 310.01 (adopted 2010). There are many 

“tracts of land” that are adjoining and integral to exempt 

farm cultural pr actices and non -traditional s ources of 

fugitive dust.

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

27.

212 OWNER AND/OR OPERATOR: Any per son w ho ow ns, 

leases, operates, c ontrols, or s upervises a fugitive dust s ource 

subject to the requirements of this rule.

222 OWNER AND/OR OPERATOR: Any person who owns, 

leases, operates, controls, or supervises a fugitive dust source 

subject to the requirements of this rule.

The definition of “owner and/or operator” is the same in 

Rule 310 .01 (adopted 2010) as i t is in S IP-approved 

Rule 310.01 (adopted 2005).

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

28.

213 PAVE: To apply and m aintain asphalt, concrete, or other 

similar material to a r oadway surface (i.e., asphaltic concrete, 

concrete pavement, chip seal, or rubberized asphalt).

223 PAVE: To appl y and m aintain as phalt, concrete, or ot her 

similar material t o a r oadway s urface ( i.e., a sphaltic concrete, 

concrete pavement, chip seal, or rubberized asphalt).

The def inition of “ pave” i s t he same i n R ule 310 .01

(adopted 2010) as i t i s i n SIP-approved R ule 310 .01

(adopted 2005).

Rule 310. 01 ( adopted 2010) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

29.

214 PM10 NONATTAINMENT AREA: An ar ea des ignated by 

the E PA as exceeding nat ional a mbient ai r qual ity standards 

based upon dat a c ollected t hru ai r qual ity monitoring. T he 

geographical b oundary of Maricopa C ounty's P M10 

nonattainment area is defined as the rectangle determined by 

and including the following townships and r anges: T6N, R3W; 

T6N, R7E; T2S, R3W; T2S, R7E; and T 1N, R8E. Maricopa 

County's PM10 nonattainment area includes the following cities: 

Surprise, P eoria, G lendale, P hoenix, S cottsdale, T empe, 

Mesa, Gilbert, Chandler, Avondale, Buckeye, and Goodyear.

224 PM10 NONATTAINMENT AREA: An area designated by 

the EPA as exceeding National Ambient Air Quality Standards 

based upon dat a collected t hrough ai r qual ity monitoring. T he 

geographical boundary of Maricopa County's PM10 

nonattainment ar ea i s de fined as t he r ectangle det ermined by 

and i ncluding the f ollowing t ownships and r anges: T 6N, R3W; 

T6N, R 7E; T 2S, R 3W; T 2S, R 7E; and T1N, R 8E. M aricopa 

County's PM10 nonattainment area includes the following cities: 

Surprise, Peoria, Glendale, Phoenix, Scottsdale, Tempe, Mesa, 

Gilbert, Chandler, Avondale, Buckeye, and Goodyear.

The definition of “PM10 nonattainment area” is the same 

in Rule 3 10.01 (adopted 2010) as it is i n SIP-approved 

Rule 310.01 (adopted 2005).

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

30.

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.

Rule 310.01 (adopted 2010) includes the definition of 

“property l ine”. S IP-approved R ule 310. 01 ( adopted 

2005) did not include the definition of “property line”.

The definition matches the definition of “property line” as 

written i n S outh C oast’s R ule 403: F ugitive D ust. C lark 

County, Pima Department Of Environment Quality, South 

Coast Air Quality Management District, and San Joaquin 

Valley Air Pollution Control District rules all include 

provisions that do not allow visible emissions from 

activities on a s ite t o ex tend be yond t he pr operty l ine. 

Maricopa Association Of Governments also included this 

measure a s a suggested measure i n t he F ive P ercent 

Plan. This measure i s i ncluded i n R ule 310 t o i mprove 

compliance with the rules.

Page 371 of 720
A. B. C.

SIP-Approved Rule 310.01

Revised February 17, 2005

Rule 310.01

Revised January 27, 2010

Explanation:

How Column B Relates To Column A

Rule 310. 01 ( adopted 201 0) i s as s tringent as S IPapproved Rule 310.01 (adopted 2005).

31.

215 PUBLIC ROADWAYS: Any roadways that are open to public 

travel.

226 PUBLIC ROADWAYS: Any r oadways t hat ar e open t o 

public travel.

The def inition of “ public r oadways” i s t he same i n Rule 

310.01 (adopted 2010) as i t i s in S IP-approved R ule 

310.01 (adopted 2005).

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

32.

227 TRACKOUT/CARRYOUT: Any and al l bul k m aterials that 

adhere t o and aggl omerate on t he s urfaces of motor vehicles, 

haul trucks, and/or equipment (including tires) and that have 

fallen or been deposited onto an area accessible to the public.

Rule 310.01 (adopted 2010) includes the definition of 

“trackout/carryout”, which matches the definition used in 

Rule 310. SIP-approved Rule 310.01 (adopted 2005) did 

not include the definition of “trackout/carryout”.

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

33.

228 TRACKOUT CONTROL DEVICE: A gravel pad, grizzly, 

wheel wash s ystem, or a pav ed ar ea, l ocated at t he poi nt of 

intersection of an unpav ed area and an ar ea accessible to the 

public that controls or prevents vehicular trackout.

Rule 310.01 (adopted 2010) includes the definition of 

“trackout control device”, which matches the definition 

used i n R ule 310 . S IP-approved Rule 310. 01 ( adopted 

2005) di d not i nclude t he def inition of “ trackout control 

device”.

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

34.

229 UNPAVED ACCESS CONNECTIONS: Any unpaved road 

connection with a paved public road.

Rule 310.01 (adopted 2010) includes the definition of 

“unpaved access c onnections”, w hich m atches the 

definition used in South Coast’s Rule 1186-PM10

Emissions F rom P aved A nd Unpaved R oads And 

Livestock O perations. S IP-approved R ule 310. 01 

(adopted 2005) did not include the definition of “unpaved 

access connections”.

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

35.

216 UNPAVED PARKING LOT: Any ar ea l arger t han 5, 000 

square f eet that i s no t pav ed a nd t hat i s u sed f or p arking, 

maneuvering, or storing motor vehicles.

230 UNPAVED PARKING LOT: Any area that is not paved and 

that i s us ed f or par king, maneuvering, m aterial handl ing, or 

storing motor vehicles and equi pment. An unpaved parking lot 

includes, but i s not l imited t o, aut omobile impound y ards, 

wrecking yards, aut omobile dismantling yards, salvage yards, 

material handling yards, and storage yards. For the purpose of 

this r ule, maneuvering s hall not include m ilitary m aneuvers or 

exercises conducted on federal facilities.

In Rule 310.01 (adopted 2010), the definition of 

“unpaved parking lot” was changed to match C lark 

County’s definition of “unpaved parking lot” as written in 

Section 92: F ugitive D ust F rom Unpaved P arking Lot s; 

Material Handling And Storage Yards; And Vehicle And 

Equipment Storage Yards, and to clarify the relationship 

between existing control measures for unpaved pa rking 

lots and S enate Bill 1552 / Arizona R evised S tatutes 

(A.R.S.) § 9-500.04.

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

36.

217 UNPAVED ROADWAY (INCLUDING ALLEYS): A road that 

is no t pav ed and t hat i s ow ned by F ederal, State, county, 

municipal, or ot her governmental or quasi-governmental 

agencies. F or the purpose of this rule, an unpav ed roadway 

231 UNPAVED ROADWAY (INCLUDING ALLEYS): A r oad 

that i s no t pav ed and t hat i s ow ned by f ederal, state, county, 

municipal, or ot her gov ernmental or quas i-governmental 

agencies. For the purpose of this rule, an unpaved roadway 

The definition of “unpaved roadway (including alleys)” is 

the same in Rule 310.01 (adopted 2010) as it is in SIPapproved Rule 310.01 (adopted 2005). However, in Rule 

310.01 (adopted 2010) , added t he l ast sentence to 

Page 372 of 720
A. B. C.

SIP-Approved Rule 310.01

Revised February 17, 2005

Rule 310.01

Revised January 27, 2010

Explanation:

How Column B Relates To Column A

(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.

(including alleys) is not a horse trail, hiking path, bicycle path, or 

other s imilar pat h us ed ex clusively f or pur poses ot her t han 

travel by motor vehicles. An unpaved roadway (including alleys) 

includes designated or opened trail systems and s ervice roads 

regardless of surface composition.

match t he def inition us ed i n M aricopa C ounty’s 

ordinance – P-28:Off-Road V ehicle U se I n 

Unincorporated Areas Of Maricopa County.

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

37.

218 VACANT LOT: The de finition of v acant l ot i s i ncluded i n 

Section 211 (Definition Of Open Areas And Vacant Lots) of this 

rule.

232 VACANT LOT: The definition of vacant lot is included in 

Section 221: Definition of Open Areas and Vacant Lots of this 

rule.

The definition of “vacant lot” is the same in Rule 310.01

(adopted 2010) as i t i s i n SIP-approved R ule 310 .01

(adopted 2005).

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

38.

301 GENERAL REQUIREMENTS FOR NON-TRADITIONAL 

SOURCES OF FUGITIVE DUST:

301.1 An owner and/ or oper ator of a non -traditional source o f 

fugitive dust shall be subject to the standards and/or 

requirements described in this rule. Failure to comply with any 

such s tandards and/ or r equirements i s dee med a v iolation of 

this rule.

301.2 When an ow ner and/ or operator of a non -traditional

source of fugitive dust fails to stabilize disturbed surfaces of 

vacant lots as required in Sections 302.4 and 302.5 of this rule, 

the C ontrol O fficer s hall commence enf orcement o f those r ule 

provisions regarding the stabilization of disturbed surfaces of

vacant lots that include the following:

a. Reasonable written not ice t o t he o wner or t he o wner’s 

authorized agent or t he o wner’s s tatutory agent t hat t he 

unpaved di sturbed s urface o f a v acant l ot i s r equired t o be 

stabilized. The not ice shall be given not less t han 30 day s 

before t he day s et for c ompliance and shall i nclude a legal 

description of the property and the estimated cost to the county 

for t he s tabilization i f the ow ner does not c omply. T he not ice 

shall be ei ther per sonally s erved or m ailed by c ertified mail to 

the ow ner’s s tatutory agent , t o t he o wner at t he o wner’s l ast 

known addr ess or t o t he addr ess t o w hich t he t ax bi ll f or t he 

property was last mailed.

b. Authority t o en ter upon any s aid l and/property w here s uch 

non-traditional source of fugitive dust exists/where such 

disturbed s urface ar ea e xists a nd t o t ake r emedial and/ or 

corrective ac tion as may be deem ed appr opriate t o c ope with 

and r elieve, r educe, r emedy, and/or s tabilize s uch non -

traditional s ource of f ugitive dus t/such di sturbed s urface ar ea. 

Any c ost i ncurred i n c onnection with any s uch r emedial or 

corrective ac tion by t he M aricopa C ounty A ir Q uality 

Department or any per son ac ting f or t he M aricopa C ounty A ir 

Quality Department shall be reimbursed by the owner and/ or 

operator of such non-traditional source of fugitive dust.

SIP-approved R ule 310. 01 ( adopted 2005) di d not 

include a gener al r equirements s ection. T he gener al 

requirements s ection i n R ule 310. 01 ( adopted 2010 ) 

includes an ex tensive l ist summarizing and r eminding 

owners and operators of all the various requirements to 

which they are subject.

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

39.

302 CONTROL MEASURES FOR NON-TRADITIONAL 

SOURCES OF FUGITIVE DUST:

302.1 When engaged in the activities described in Sections 

SIP-approved R ule 310. 01 ( adopted 2005) i ncluded 

specific control m easures, i n Section 300, for t he 

following activities: vehicle use in open areas and vacant 

Page 373 of 720
A. B. C.

SIP-Approved Rule 310.01

Revised February 17, 2005

Rule 310.01

Revised January 27, 2010

Explanation:

How Column B Relates To Column A

302.4 through 302.10 of this rule, the owner and/or operator of a 

non-traditional source of fugitive dust shall implement control 

measures as described in Sections 302.4 through 302.10 of this 

rule, as applicable.

302.2 Control measures shall be implemented to meet the 

visible emissions requirements and stabilization requirements, 

as required for each activity, and to achieve the compliance 

determination in Section 501 of this rule.

302.3 Failure to implement control measures as required by this 

rule, as appl icable, and/ or f ailure t o maintain stabilization of a 

non-traditional s ource o f f ugitive dus t w ith adequat e s urface 

crusting to prevent wind erosion as measured by the 

requirements in this rule shall be deemed a violation of this rule.

lots, open ar eas and v acant l ots, unpaved par king l ots, 

unpaved r oadways ( including al leys), f eedlots and/ or 

livestock areas, erosion-caused deposition of bulk 

materials onto paved surfaces, and easements, rights-ofway, and ac cess r oads f or ut ilities ( electricity, nat ural 

gas, oil, water, and gas transmission). However, SIPapproved Rule 310.01 (adopted 2005) did not include 

general, overall requirements for control measures.

In addition to including specific control measures for nontraditional s ources of f ugitive dus t (Sections 302 .4-

302.10), R ule 310. 01 (adopted 2 010) al so i ncludes the 

following gener al, ov erall r equirements for c ontrol 

measures in Section 302:

• When engaged in the following activities, the owner 

and/or operator must implement the control measures 

specified in Rule 310.01 for such activity: vehicle use in 

open areas and vacant lots, open areas and vacant lots, 

unpaved par king l ots, unpav ed r oadways ( including 

alleys), livestock activities, erosion-caused deposition of 

bulk materials ont o pav ed s urfaces, and eas ements, 

rights-of-way, and access roads for utilities (transmission 

of electricity, natural gas, oil, water, and gas).

• Control m easures must be i mplemented t o meet t he 

visible emissions requirements (e.g., 20% opacity or no 

visible emissions across the property line) and the 

stabilization requirements.

• Failure to implement control measures and/or failure to 

maintain s tabilization w ith adequ ate s urface c rusting t o 

prevent wind erosion will be dee med a v iolation of Rule 

310.01.

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

40.

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 o r m ore that ar e driven ov er 

and/or us ed by motor v ehicles a nd/or of f-road vehicles, t hen 

the owner and/or operator of such open areas and vacant lots 

shall i mplement one of t he c ontrol measures de scribed i n 

Section 301.1 of this rule within 60 calendar days following the 

initial discovery of vehicle use on open areas and v acant lots. 

Within 30 c alendar days f ollowing t he i nitial di scovery by t he 

Control Officer of vehicle use on open areas and v acant 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 t he c ontrol measure(s) t o be i mplemented t o pr event 

such v ehicle u se on open ar eas and v acant l ots. F or t he 

purpose of t his r ule, s uch c ontrol measure(s) shall be 

considered effectively implemented when the open areas and 

302.4 Vehicle Use in Open Areas and Vacant Lots: The 

owner and/or operator of a non-traditional source of fugitive dust 

that involves vehicle use in open areas and vacant lots shall be 

subject to the requirements described in Section 302.4(a) of this 

rule and, unless otherwise specified and/or required, shall 

comply with the control measures described in Section 302.4(b) 

of this rule and the additional requirements described in Section 

302.4(c) of this rule.

a. Visible Emissions Requirements and Stabilization 

Requirements:

(1) The owner and/or operator of a non-traditional source of 

fugitive dust that involves vehicle use in open areas and vacant 

lots s hall not cause or al low v isible e missions o f par ticulate 

matter, i ncluding fugitive dus t, be yond t he pr operty l ine within 

which the emissions are generated.

(2) The owner and/or operator of a non-traditional source of 

In R ule 310. 01 ( adopted 2010) , S ection 302 .4 i s the 

same as Section 301 in SIP-approved Rule 310 (adopted 

2005). However, in Rule 310.01 (adopted 2010), Section 

302.4 includes general, overall requirements, a visible 

emissions requirement (i.e., no visible emissions allowed

across t he pr operty l ine), a nd additional control 

measures for vehicle use in open areas and v acant lots

(e.g., po sting provisions as a c ontrol measure for 

preventing motor vehicle and/or off-road vehicle 

trespassing, parking, and/or access).

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

Page 374 of 720
A. B. C.

SIP-Approved Rule 310.01

Revised February 17, 2005

Rule 310.01

Revised January 27, 2010

Explanation:

How Column B Relates To Column A

vacant lots meet one of the stabilization limitations described 

in S ection 301. 2 of t his r ule. Once a c ontrol measure i n 

Section 301. 1 of this r ule ha s b een ef fectively i mplemented, 

then s uch open ar ea or v acant l ot i s s ubject t o t he 

requirements of Section 302 (Open Areas And Vacant Lots) of 

this rule. Use of or parking on op en areas and v acant 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 ar eas and 

vacant l ots, al though s uch open ar eas and v acant l ots shall 

still meet t he stabilization l imitations de scribed i n Section 

301.2 of this r ule. F or the pur pose of this r ule, landscape 

maintenance doe s not i nclude grading, t renching, nor any 

other m echanized s urface disturbing activities per formed t o 

establish initial landscapes or to redesign existing landscapes.

301.1 Control Measures:

a. Prevent m otor vehicle and/or of f-road v ehicle t respassing, 

parking, and/or access, by installing barriers, curbs, fences, 

gates, pos ts, s igns ( written i n English and S panish and i n 

compliance w ith or dinance(s) of l ocal j urisdictions), shrubs, 

trees, or other effective control measures.

b. Uniformly appl y and maintain surface gr avel or 

chemical/organic s tabilizers to al l ar eas di sturbed by m otor 

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 w riting by t he C ontrol O fficer and t he A dministrator o f the 

EPA.

301.2 Stabilization Limitations:

a. A v isible crust shall be i mplemented, as det ermined by 

Appendix C, S ection 2. 3 ( Test M ethods F or S tabilizationVisible 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 v egetative c over ( i.e., a ttached ( rooted) v egetation or 

unattached v egetative debr is l ying on the s urface w ith a 

predominant hor izontal or ientation t hat i s 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 F or S tabilization-Determination O f F lat V egetative 

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 i mplemented, as determined by 

Appendix C, S ection 2. 6 ( Test M ethods F or S tabilizationDetermination Of Standing Vegetative Cover) of these rules; or

fugitive dust that involves vehicle use in open areas and vacant 

lots shall stabilize the open areas and vacant lots on which 

vehicles ar e us ed t o meet one of t he f ollowing s tabilization 

limitations:

(a) A soil crust; or

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

elements of 100 cm/second or higher; or

(c) Flat v egetative c over (i.e., at tached [ rooted] v egetation or 

unattached v egetative debr is l ying on t he s urface with a 

predominant h orizontal or ientation t hat i s not subject t o 

movement by wind) that is equal to at least 50%; or

(d) Standing v egetative c over ( i.e., v egetation t hat i s at tached 

[rooted] with a pr edominant vertical orientation) that is equal to 

or greater than 30%; or

(e) Standing v egetative c over ( i.e., v egetation t hat i s a ttached 

[rooted] with a pr edominant vertical orientation) that is equal to 

or greater than 10% and w here the threshold friction velocity is 

equal to or greater than 43 c m/second when corrected for nonerodible elements; or

(f) A percent cover that is equal to or greater than 10% for nonerodible elements; or

(g) An alternative test method approved in writing by the Control 

Officer and the Administrator.

b. Control Measures:

(1) Prevent motor v ehicle and/ or of f-road vehicle t respassing, 

parking, and/ or a ccess by i nstalling bar riers, curbs, f ences, 

gates, posts, shrubs, trees, or other effective control measures;

(2) Prevent motor v ehicle and/ or of f-road vehicle t respassing, 

parking, and/ or ac cess by pos ting t hat c onsists of one of t he 

following:

(a) A s ign written i n c ompliance with or dinance(s) of l ocal, 

County, State, or Federal sign standards.

(b) An order of a government land management agency.

(c) Most c urrent maps appr oved by a gov ernment l and 

management agency.

(d) Virtual posting a government land management agency.

(3) Uniformly appl y and maintain s urface gr avel or 

chemical/organic s tabilizers t o al l ar eas di sturbed by m otor 

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 ar eas and v acant l ots ar e 0. 10 acre ( 4,356 square 

feet) or larger and have a cumulative of 500 square feet or more 

that ar e di sturbed by bei ng dr iven ov er and/ or us ed by motor 

vehicles, by off-road vehicles, or for material dumping, then the 

owner and/ or o perator s hall i mplement one or m ore of t he 

control measures des cribed i n S ection 302. 4(b) of t his r ule 

within 60 calendar days following the initial discovery by the 

Control Officer of disturbance or vehicle use on open areas and 

Page 375 of 720
A. B. C.

SIP-Approved Rule 310.01

Revised February 17, 2005

Rule 310.01

Revised January 27, 2010

Explanation:

How Column B Relates To Column A

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 nonerodible elements shall be implemented, as determined by 

Appendix C, Section 2.6 (Test Methods For StabilizationDetermination Of Standing Vegetative Cover) of these rules; or

f. A percent cover that is equal to or greater than 10% for nonerodible el ements shall be i mplemented, a s det ermined by 

Appendix C, Section 2.7 (Test Methods For Stabilization-Rock 

Test Method) of these rules; or

g. An al ternative t est method approved i n writing by t he 

Control O fficer and t he Administrator of t he EPA shall be 

implemented.

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) t o be i mplemented t o pr event s uch di sturbance or 

vehicle use on open areas and vacant lots.

(3) The o wner and/ or operator shall i mplement all control 

measures necessary to limit the disturbance or vehicle use on 

open areas and vacant lots in accordance with the requirements 

of t his r ule. Control measure(s) shall be c onsidered ef fectively 

implemented when t he open ar eas and vacant lots meet th e 

requirements described in Section 302.4(a) of this rule.

(4) Once a control measure in Section 302.4(b) of this rule has 

been effectively implemented, then such open area or vacant lot 

is subject to the requirements of Section 302.5: Open Areas and 

Vacant Lots of this rule.

(5) Use of or p arking on open areas and vacant l ots by t he 

owner and/or operator of such open areas and vacant lots shall 

not be c onsidered v ehicle u se i n open ar eas and v acant l ots 

and shall not be subject to the requirements of Section 302.4(b) 

and s ections 302. 4(c)(1) t hrough 302.4(c)(4) of t his r ule. S uch 

open areas and vacant lots shall still meet the requirements 

described in Section 302.5 of this rule.

(6) Establishing i nitial l andscapes w ithout t he us e of 

mechanized equi pment or c onducting landscape m aintenance 

without t he us e of mechanized equi pment s hall not be 

considered vehicle use in open areas and vacant lots and shall 

not be s ubject to t he r equirements of S ection 302. 4(b) and 

Sections 302.4(c)(1) through 302.4(c)(4) of this rule. Such open 

areas and vacant lots shall still meet the requirements described 

in Section 302.5 of this rule.

41.

302 OPEN AREAS AND VACANT LOTS: If open areas and 

vacant l ots hav e 0. 5 ac re or more of di sturbed s urface ar ea 

and r emain unoc cupied, unus ed, v acant, or undev eloped f or 

more than 15 day s, t hen the ow ner and/ or oper ator of s uch 

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 t he open ar eas and vacant l ots. Within 30 c alendar day s 

following t he i nitial di scovery by t he C ontrol O fficer of t he 

disturbance on the open ar eas and v acant l ots, the ow ner 

and/or oper ator of s uch open a reas and v acant l ots s hall 

provide in writing to the Control Officer a de scription and dat e 

of the control measure(s) to be i mplemented. For the purpose 

of t his r ule, s uch c ontrol measure(s) s hall be c onsidered 

effectively implemented when the open ar eas and v acant lots 

meet one of t he s tabilization limitations described i n S ection 

302.2 of this rule. Should an open area or vacant lot on which 

no ac tivity i s o ccurring c ontain m ore t han one t ype of 

302.5 Open Areas and Vacant Lots: The ow ner and/or 

operator of a non-traditional source of fugitive dust that involves 

open areas and vacant lots shall be subject to the requirements 

described in Section 302.5(a) of this rule and, unless otherwise 

specified and/or required, shall comply with the control 

measures described in Section 302.5(b) of this rule and the 

additional r equirements de scribed i n S ection 302. 5(c) o f t his 

rule.

a. Visible Emissions Requirements and Stabilization 

Requirements:

(1) The owner and/or operator of a non-traditional source of 

fugitive dust that involves open ar eas and v acant lots shall not 

cause or allow visible emissions of particulate matter, including 

fugitive dus t, bey ond t he pr operty l ine w ithin which t he 

emissions are generated.

(2) The owner and/or operator of a non-traditional source of 

fugitive dus t that i nvolves open ar eas and vacant l ots s hall 

stabilize the open areas and vacant lots to meet one of the 

In R ule 310. 01 ( adopted 2010) , S ection 302 .5 i s the 

same as Section 302 in S IP-approved R ule 310. 01 

(adopted 2005). However, the threshold at which control 

measures are to be i mplemented was changed from 0.5 

acre or m ore of di sturbed s urface ar ea, as r equired i n 

SIP-approved Rule 310.01 (adopted 2005), to 0.10 acre 

or larger and with a c umulative of 500 square feet or 

more of di sturbed s urface ar ea. Also, i ncluded i n R ule 

310.01 ( adopted 2010) i s a pr ovision, from Senate Bill 

1552, gr anting t he C ounty aut hority t o ent er a l ot t o 

stabilize t he di sturbed s urface a t t he ex pense of t he 

property o wner, if the vacant lot is not stabilized by the 

day s et f or c ompliance i n t he 30 -day not ification l etter; 

This pr ovision w as not i n S IP-approved Rule 310. 01 

(adopted 2005).

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

Page 376 of 720
A. B. C.

SIP-Approved Rule 310.01

Revised February 17, 2005

Rule 310.01

Revised January 27, 2010

Explanation:

How Column B Relates To Column A

disturbance, soil, v egetation, or o ther c haracteristics t hat ar e 

visibly distinguishable, then eac h r epresentative surface s hall 

be tested separately for stability, in an ar ea that represents a 

random portion of the overall disturbed conditions of the site, 

according t o the appr opriate t est m ethods i n Appendix C of 

these r ules and i ncluded or el iminated f rom t he total size 

assessment of disturbed surface area(s) depending on test 

method results.

302.1 Control Measures:

a. Establish vegetative gr ound c over on al l di sturbed s urface 

areas within 60 calendar days following the initial discovery of 

the disturbance. Such control measure(s) must be m aintained 

and r eapplied, i f nec essary, unt il the di sturbed s urface ar eas 

are s tabilized, i n compliance w ith one of t he stabilization 

limitations described in Section 302.2 of this rule. Stabilization 

shall be ac hieved, per t his control m easure, w ithin ei ght 

months after the control measure has been implemented.

b. Apply a du st 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 r eapplied, i f nec essary, 

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, w ithin ei ght months af ter s uch c ontrol 

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 w riting by t he C ontrol O fficer and t he A dministrator o f the 

EPA.

302.2 Stabilization Limitations:

a. A visible c rust shall be i mplemented, as det ermined by 

Appendix C, S ection 2. 3 ( Test M ethods F or S tabilizationVisible 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 hi gher, s hall be i mplemented, 

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 v egetative c over ( i.e., a ttached ( rooted) v egetation or 

unattached v egetative debr is l ying on the s urface w ith a 

predominant hor izontal or ientation t hat i s not subject to 

movement by wind) that is equal to at least 50% shall be 

following stabilization limitations:

(a) A soil crust; or

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

elements of 100 cm/second or higher; or

(c) Flat v egetative cover ( i.e., a ttached ( rooted) v egetation or 

unattached v egetative debr is l ying on t he s urface with a 

predominant hor izontal or ientation t hat i s not subject t o 

movement by wind) that is equal to at least 50%; or

(d) Standing v egetative c over ( i.e., vegetation t hat i s at tached 

(rooted) with a pr edominant vertical orientation) that is equal to 

or greater than30%; or

(e) Standing v egetative c over ( i.e., v egetation t hat i s a ttached 

(rooted) with a pr edominant vertical orientation) that is equal to 

or greater than 43 c m/second when corrected for non-erodible 

elements; or

(f) A percent cover that is equal to or greater than 10% for nonerodible elements; or

(g) An alternative test method approved in writing by the Control 

Officer and the Administrator.

b. Control Measures:

(1) Establish v egetative gr ound c over on al l di sturbed s urface 

areas. S uch control measure(s) m ust be m aintained and 

reapplied, if necessary. Stabilization shall be ac hieved, per this 

control measure, within eight months after the control measure 

has been implemented; or

(2) Apply a dust suppressant to all disturbed surface areas; or

(3) Restore all disturbed surface areas within 60 c alendar days 

following t he i nitial di scovery b y t he C ontrol O fficer of t he 

disturbance, s uch t hat t he v egetative gr ound c over and s oil 

characteristics ar e similar to adj acent or near by undi sturbed 

native conditions. Such control measure(s) must be maintained 

and reapplied, if necessary. Stabilization shall be ac hieved, per 

such control m easure, within eight m onths after such control 

measure has been implemented; or

(4) Uniformly apply and maintain surface gravel; or

(5) Apply and maintain an alternative control measure approved 

in writing by the Control Officer and the Administrator.

c. Additional Requirements:

(1) If open ar eas and v acant l ots ar e 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, t hen t he o wner and/ or ope rator s hall i mplement 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 C ontrol O fficer of the di sturbance on t he open ar eas 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 ow ner and/ or oper ator shall pr ovide i n w riting t o t he 

Page 377 of 720
A. B. C.

SIP-Approved Rule 310.01

Revised February 17, 2005

Rule 310.01

Revised January 27, 2010

Explanation:

How Column B Relates To Column A

implemented, as determined by Appendix C, Section 2.5 (Test

Methods F or S tabilization-Determination O f F lat V egetative 

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 i mplemented, as determined by 

Appendix C, S ection 2. 6 ( Test M ethods F or S tabilizationDetermination 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 nonerodible elements shall be implemented, as determined by 

Appendix C, Section 2.6 (Test Methods For StabilizationDetermination Of Standing Vegetative Cover) of these rules; or

f. A percent cover that is equal to or greater than 10% for nonerodible el ements shall be i mplemented, a s det ermined by 

Appendix C, Section 2.7 (Test Methods For Stabilization-Rock 

Test Method) of these rules; or

g. An al ternative t est method approved i n writing by t he 

Control O fficer and t he Administrator of t he EPA shall be 

implemented.

Control Officer a description and date of the control measure(s) 

to be implemented.

(3) Control measure(s) shall be c onsidered ef fectively 

implemented w hen t he di sturbance on t he open ar eas and 

vacant lots meets the requirements described in Section 302.5 

(a) of this rule.

42.

303 UNPAVED PARKING LOTS: The owner and/or operator 

of an unpav ed par king l ot s hall implement one of the c ontrol 

measures de scribed i n S ection 303. 1 of this r ule on any 

surface ar ea(s) of t he lot on w hich v ehicles en ter, par k, 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 oper ator s hall implement one of t he c ontrol measures 

described in Section 303.1 of this rule, during the period that 

the unpav ed par king l ots ar e ut ilized f or v ehicle par king. F or 

the pur pose of t his r ule, such control measure(s) shall be 

considered effectively implemented when the unpaved parking 

lot meets the stabilization and op acity limitations described in 

Section 303.2 of this rule. 

303.1 Control Measures:

a. Pave.

b. Apply dus t s uppressants, i n c ompliance w ith t he 

stabilization and opac ity limitations described in Section 303.2 

of this rule.

c. Uniformly apply and m aintain 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 t he 

purpose of t his r ule, c ontrol measures s hall be c onsidered 

effectively i mplemented w hen s tabilization and opac ity 

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) 

302.6 Unpaved Parking Lots: The owner and/or operator of a 

non-traditional s ource of fugitive dus t t hat i nvolves unpav ed 

parking l ots s hall be s ubject t o t he r equirements des cribed i n 

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 

or allow visible emissions of particulate matter, including fugitive 

dust, bey ond t he pr operty l ine w ithin w hich t he e missions ar e 

generated.

(2) The owner and/or operator of a non-traditional source of 

fugitive dust that involves unpaved parking lots shall not cause 

or al low visible f ugitive dust emissions to exceed 20% opac ity 

and s hall not al low silt loading equal t o or greater than 0.33 

oz/ft2

. H owever, i f s ilt l oading i s equal t o or gr eater t han 0. 33 

oz/ft2

b. Control Measures:

, then t he owner and/ or operator shall not al low the silt 

content to exceed 8%.

(1) For parking, m aneuvering, i ngress, and egr ess ar eas at 

developments other than residential buildings with four or fewer 

units that are utilized for more than 35 days during the calendar 

year:

(a) Install and maintain pavement; or

(b) Apply dus t s uppressant ot her t han water and i nstall, 

In R ule 310. 01 ( adopted 2010) , S ection 302 .6 i s the 

same as Section 303 in S IP-approved R ule 310. 01 

(adopted 2005) . H owever, i n Rule 310. 01 ( adopted 

2010), Section 302.6 includes the following provisions 

that w ere not i ncluded in S ection 303 i n S IP-approved 

Rule 310.01 (adopted 2005):

• Visible emissions requirement (i.e., no visible emissions 

are allowed across the property line).

• Trackout control device requirement and trackout clean 

up requirement, if trackout extends a cumulative distance 

of 25 linear feet or more.

• Control device requirement for residential buildings with 

four or fewer units; This requirement matches A rizona 

Revised Statutes (A.R.S.) § 9-500.04.

Also, in Rule 310.01 (adopted 2010), Section 302.6, the 

silt l oading and s ilt content s tandards w ere c larified t o 

match the intent of standards as described in the Federal 

Implementation Plan (FIP) (64 FR 71304, December 21, 

1999), bec ause t here w as concern t hat i t w as unc lear 

with which s tandard an ow ner and/or oper ator m ust 

comply.

The F IP stated: “ The final F IP r ule c ontains an opac ity 

standard of 20% for unpaved roads and unpaved parking 

lots....Sources subject to the FIP rule will need to comply 

with bot h a s ilt content s tandard and an opac ity 

standard...Surfaces with less than 0.33 oz/ft2 silt loading 

Page 378 of 720
A. B. C.

SIP-Approved Rule 310.01

Revised February 17, 2005

Rule 310.01

Revised January 27, 2010

Explanation:

How Column B Relates To Column A

of these rules:

a. Silt loading is equal to or greater than 0.33 oz/ft2; or

b. Silt content does not exceed 8%.

maintain, and use a suitable trackout control device that controls 

and pr events t rackout and/ or r emoves par ticulate matter f rom 

tires and t he ex terior s urfaces o f motor v ehicles that traverse 

the site; or 

(c) Uniformly apply and maintain surface gravel.

(2) For parking, m aneuvering, i ngress, and egr ess ar eas at 

developments other than residential buildings with four or fewer 

units t hat ar e ut ilized f or 35 day s or l ess dur ing t he calendar 

year:

(a) Install and maintain one of t he c ontrol measures listed i n 

Section 302.6(b)(1) of this rule; or

(b) Apply water and install, maintain, and use a suitable trackout 

control dev ice t hat c ontrols an d pr events t rackout and/ or 

removes particulate matter from tires and the exterior surfaces 

of motor vehicles that traverse the site.

(3) For parking, maneuvering, ingress, and egr ess areas 3,000 

square feet or more in size at residential buildings with four or 

fewer units install and maintain a paving or stabilization method 

authorized by t he city, t own, or county by c ode, or dinance, or 

permit.

c. Additional Requirements:

(1) Control measure(s) shall be c onsidered ef fectively 

implemented w hen t he unpav ed par king l ot meets the 

requirements described in Section 302.6(a) of this rule.

(2) If trackout occurs, the owner and/or operator shall repair 

and/or r eplace t he control measure(s) and s hall c lean-up 

immediately s uch t rackout from a reas ac cessible to the publ ic 

including curbs, gutters, and sidewalks when trackout extends a 

cumulative distance of 25 l inear feet or more and at the end o f 

the day for all other trackout.

will be c onsidered s table under t he F IP r ule. H owever, 

when s ilt l oading i s gr eater t han 0. 33 oz /ft2 , the silt 

content standard of 6% for unpav ed r oads and 8% f or 

unpaved par king l ots must be met...Retaining bo th t he 

opacity and the silt content standards and test methods 

in t he F IP r ule...will al low oppor tunities t o c ompare t he 

relative value...of the two tests.” Therefore, Rule 310.01 

(adopted 2010) , S ection 302. 6 states that an ow ner 

and/or operator must comply with the 20% opacity 

standard and the silt loading standard (i.e., less than 

0.33 oz/ft2

). If silt loading is equal to or greater than 0.33 

oz/ft2

, then an ow ner and/ or oper ator must comply with 

the silt content standard (i.e., 8% or l ess for unpaved 

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

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

43.

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 per son s hall f irst i mplement one of t he c ontrol m easures 

described in Section 304.1 of this rule. For the purpose of this 

rule, such c ontrol measure(s) s hall be c onsidered ef fectively 

implemented w hen t he unpav ed r oadway ( including al leys) 

meets t he stabilization and opa city l imitation des cribed i n 

Section 304.2 of this rule.

304.1 Control Measures:

a. Pave.

b. Apply dus t s uppressants, i n c ompliance w ith t he 

stabilization and opac ity limitations described in Section 304.2 

of this rule.

c. Uniformly apply and m aintain 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 t he 

purpose of t his r ule, c ontrol measures s hall be c onsidered 

effectively i mplemented w hen s tabilization and opac ity 

302.7 Unpaved Roadways (Including Alleys): The ow ner 

and/or operator of unpaved roadways (including alleys) that are 

used by 150 vehicle trips or more per day in the PM10 

a. Visible Emissions Requirements and Stabilization 

Requirements: T he ow ner and/ or oper ator of unpav ed 

roadways ( including al leys) s hall not c ause or al low v isible 

fugitive dust emissions to exceed 20% opacity and shall not 

allow silt loading equal to or greater than 0.33 oz/ft

nonattainment ar ea s hall be subject to t he r equirements 

described in Section 302.7(a) of this rule and, unless otherwise 

specified and/ or r equired, s hall comply with one of t he c ontrol 

measures described in Section 302.7(b) of this rule and the 

additional r equirements de scribed i n S ection 302. 7(c) of t his 

rule.

2

. However, if 

silt loading is equal to or greater than 0.33 oz/ft2

b. Control Measures:

, then the owner 

and/or operator shall not allow the silt content to exceed 6%.

(1) Pave;

(2) Apply dust suppressants other than water; or

(3) Uniformly apply and maintain surface gravel.

In R ule 310. 01 ( adopted 2010) , S ection 302 .7 i s the 

same as Section 304 in S IP-approved R ule 310. 01 

(adopted 2005). H owever, i n Rule 310. 01 ( adopted 

2010), Section 302.7 includes the following provisions 

that w ere not i ncluded in S ection 304 in SI P-approved 

Rule 310.01 (adopted 2005):

• A requirement t o c onduct vehicle c ounts/traffic c ounts 

and t o i nclude clarification about w hen t he c ontrol 

measures are effectively implemented.

• A clarification to the silt loading and silt content 

standards. T he s ilt l oading and s ilt c ontent s tandards 

were c larified t o match t he i ntent of s tandards as 

described i n t he F ederal Implementation Plan ( FIP) ( 64 

FR 71304, D ecember 21, 1999) , bec ause t here w as 

concern t hat i t w as unc lear w ith w hich s tandard an 

owner and/or operator must comply.

The F IP stated: “ The final F IP r ule c ontains an opac ity 

standard of 20% for unpaved roads and unpaved parking 

lots....Sources subject to the FIP rule will need to comply 

Page 379 of 720
A. B. C.

SIP-Approved Rule 310.01

Revised February 17, 2005

Rule 310.01

Revised January 27, 2010

Explanation:

How Column B Relates To Column A

observations for f ugitive du st e missions from unpav ed 

roadways ( including al leys) do n ot ex ceed 2 0% o pacity and 

meet one of t he f ollowing, as determined by A ppendix 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%.

c. Additional Requirements:

(1) If a person allows 150 v ehicle trips or more per day on a n 

unpaved r oadway ( including an al ley) i n t he P M10

(2) A person, who allows 150 v ehicle trips or more per day on 

an unpaved roadway (including an alley) in the PM

nonattainment area, then such person shall first implement one 

of the c ontrol m easures described i n S ection 302 .7(b) of this 

rule.

10

(3) Control m easure(s) shall be c onsidered ef fectively 

implemented under the following conditions:

nonattainment area, shall be responsible for conducting vehicle 

counts/traffic counts to determine if 150 vehicle trips or more per 

day occur on an unpaved roadway (including an alley). A traffic 

count s hall measure v ehicular t raffic ov er a 48-hour per iod, 

which m ay c onsist of t wo non -consecutive 24 -hour per iods. 

Vehicular traffic shall be measured continuously during each 24-

hour per iod. T he av erage v ehicle c ounts/traffic counts on t he 

highest t rafficked day s s hall be r ecorded and pr ovided t o t he 

Control Officer in writing within 60 days of verbal or written 

request by the Control Officer.

(a) When the unpaved r oadway ( including an a lley) meets the 

requirements described in Section 302.7(a) of this rule.

(b) When one of the control measures described in Section 

302.7(b) of t his r ule i s i mplemented on 5 m iles o f unpav ed 

roadways (including alleys) having vehicle traffic of 150 v ehicle 

trips or more per day within one calendar year beginning in 

calendar y ear of 2008. I f the c ontrol measure des cribed i n 

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.

with bot h a s ilt content s tandard and an opac ity 

standard...Surfaces with less than 0.33 oz/ft2 silt loading 

will be c onsidered s table under t he F IP r ule. H owever, 

when s ilt l oading is gr eater t han 0. 33 oz /ft2 , the silt 

content standard of 6% for unpav ed r oads and 8% f or 

unpaved par king l ots must be met...Retaining bo th t he 

opacity and the silt content standards and test methods 

in t he F IP r ule...will al low oppor tunities t o c ompare t he 

relative value...of the two tests.” Therefore, Rule 310.01 

(adopted 2010) , S ection 302. 7 states that an ow ner 

and/or operator must comply with the 20% opacity 

standard and the silt loading standard (i.e., less than 

0.33 oz/ft2

). If silt loading is equal to or greater than 0.33 

oz/ft2

, then an ow ner and/ or oper ator must comply with 

the silt content standard (i.e., 8% or l ess for unpaved 

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

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

44.

305 FEEDLOTS AND/OR LIVESTOCK AREAS: The ow ner 

and/or oper ator of any f eedlot and/ or l ivestock ar ea s hall 

implement one of t he control measures de scribed i n Section 

305.1 of t his r ule. For t he pur pose of this r ule, s uch control 

measure(s) shall be considered effectively implemented when 

the f eedlot and/ or l ivestock ar ea meets the opac ity l imitation 

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 t he opac ity l imitation des cribed i n S ection 305 .2 of t his 

rule.

c. Install shrubs and/ or trees w ithin 50 f eet to 100 f eet o f 

animal pens, in c ompliance 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 c onsidered ef fectively i mplemented w hen 

opacity observations f or fugitive dust emissions f rom f eedlots 

and/or livestock ar eas do not e xceed 20% opac ity, a s 

302.8 Livestock Activities: The owner and/or operator of a 

non-traditional s ource of fugitive dus t t hat i nvolves l ivestock 

activities s hall be subject to t he r equirements des cribed i n 

Section 302.8(a) of this rule and, unless otherwise specified 

and/or r equired, s hall c omply w ith t he c ontrol m easures 

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 c orrals, pens , and ar enas, t he ow ner and/ or oper ator 

shall not cause or allow visible fugitive dust emissions to exceed 

20% opacity for a per iod aggregating more than three minutes 

in any 60-minute period.

(3) The owner and/ or oper ator s hall not cause or al low visible 

emissions of par ticulate matter, including fugitive dust, beyond 

the property line within which the emissions are generated.

b. Control Measures: The owner and/or operator of a nontraditional source of fugitive dust that involves livestock activities 

In R ule 310. 01 ( adopted 2010) , S ection 302 .8 i s the 

same as Section 305 in S IP-approved R ule 310. 01 

(adopted 2005) . However, i n Rule 310. 01 ( adopted 

2010), Section 302.8 includes the following provisions 

that w ere not i ncluded in S ection 30 5 in SI P-approved 

Rule 310.01 (adopted 2005):

• Control m easures and v isible e missions r equirements 

for livestock a ctivities. In R ule 310. 01 ( adopted 2010) , 

Section 302. 8, t he term “ livestock a ctivities” is u sed 

instead of “feedlots and/or livestock areas”. The term and 

its definition are similar to San Joaquin Valley and South 

Coast. Control m easures are r equired f or s pecific 

livestock activities, which was not so in SIP-approved 

Rule 310.01 (adopted 2005). For example, in Rule 

310.01 (adopted 2010), control m easures are r equired 

for unpav ed access c onnections, unpav ed f eed l ane 

access ar eas, bul k material haul ing ( including ani mal 

waste) off-site and crossing and/or accessing an area 

accessible to the public, corrals, pens, and arenas.

• Two control m easures were ad ded – apply water and 

Page 380 of 720
A. B. C.

SIP-Approved Rule 310.01

Revised February 17, 2005

Rule 310.01

Revised January 27, 2010

Explanation:

How Column B Relates To Column A

determined by Appendix C, Section 3 (Visual Determination Of 

Opacity O f E missions From Sources F or T ime-Average 

Regulations) of these rules. 

shall implement the control measures described in this section 

of this rule. When selecting a control measure, the owner and/or 

operator m ay c onsider site-specific l ogistics of t he l ivestock 

activities. When doing so, some control measures may be more 

reasonable to implement than others. Any control measure that 

is i mplemented must ac hieve t he appl icable s tandards and 

requirements described in Sections 302.8(a) and (c) of this rule, 

as determined by t he c orresponding t est methods, a s 

applicable, and must a chieve ot her appl icable s tandards set 

forth i n t his r ule. T he ow ner an d/or oper ator may submit a 

request to the Control Officer and t he Administrator for the use 

of alternative control measure(s). The owner and/or operator 

may i mplement t he al ternative c ontrol measure onl y af ter the 

Control Officer and the Administrator have granted the petition.

(1) For unpaved access connections and unpaved feed lane 

access areas:

(a) Apply water and install, maintain, and use a suitable trackout 

control dev ice t hat c ontrols an d pr events t rackout and/ or 

removes particulate matter from tires and t he exterior surfaces 

of motor vehicles that traverse the site;

(b) Apply and maintain pavement, gravel (maintained to a depth 

of four inches), or asphaltic roadbase;

(c) Apply and maintain dust suppressants other than water; or

(d) Limit vehicle trips to no more than 20 per day per road, limit 

vehicle speeds to no more than 15 m iles per hour, and r estrict 

public access t o pr ivate r oads by i nstalling bar riers, curbs, 

fences, gat es, po sts, or signs w ritten i n compliance w ith 

ordinance(s) of local, County, State, or Federal sign standards.

(2) For bulk material hauling, including animal waste, off-site 

and crossing and/or accessing an area accessible to the public:

(a) Load all vehicles used to haul bulk material, including animal 

waste, such that the freeboard is not less than three inches;

(b) Prevent s pillage or l oss o f b ulk material, i ncluding ani mal 

waste, from holes or other openings in the cargo compartment’s 

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

(c) Cover c argo c ompartment with a t arp or ot her s uitable 

closure; and

(d) Install, maintain, and us e a suitable trackout control device 

that c ontrols and pr events trackout and/or r emoves par ticulate 

matter from tires and the exterior surfaces of motor vehicles that 

traverse the site.

(3) For corrals, pens, and arenas:

(a) Apply water;

(b) Install shrubs and/ or t rees w ithin 50 f eet t o 100 f eet of 

corrals, pens, and arenas;

(c) Scrape and/or remove manure;

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

(e) Provide shaded areas; or

(f) Apply and maintain an al ternative control measure approved 

in writing by the Control Officer and the Administrator.

install a trackout control device and limit vehicle trips and 

vehicle speeds. Also, an additional control measure – 

provide shaded areas – was added for corrals, pens, and 

arenas. An option to use an al ternative control measure 

was al so added i n S ection 302. 8. T he al ternative 

measure provision specifically requires that any 

alternative c ontrol measure must be appr oved by b oth 

the C ontrol O fficer and t he E PA A dministrator. T his 

approval structure, in conjunction with the standards and 

test methods c ontained i n R ule 310. 01, ens ure t hat 

alternative c ontrol measures meet t he s tringency, 

feasibility, and any other principles and r equirements of 

the Clean Air Act. 

• A trackout c ontrol dev ice must be i nstalled i f bul k 

material is haul ed of f-site and, i f trackout o ccurs on an 

area ac cessible t o the publ ic, s uch t rackout must be 

cleaned up immediately when it extends a cumulative 

distance of 25 linear feet or more.

• More specific visible emissions requirements. The 

visible emissions requirements are more specific in Rule 

310.01 (adopted 2010) than they were in SIP-approved 

Rule 310.01 (adopted 2005) . Visible fugitive dust 

emissions are not al lowed t o e xceed 20% opac ity and 

are not allowed to extend beyond the property line.

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

Page 381 of 720
A. B. C.

SIP-Approved Rule 310.01

Revised February 17, 2005

Rule 310.01

Revised January 27, 2010

Explanation:

How Column B Relates To Column A

c. Additional Requirements:

(1) The owner and/or operator of livestock activities shall 

implement at least one of the control measures from each of the 

following t hree s ections o f t his r ule, a s appl icable: S ection 

302.8(b)(1), Section 302.8(b)(2), and Section 302.8(b)(3). In lieu 

of implementing at least one c ontrol measure from each of the 

following t hree s ections o f t his r ule, a s appl icable: S ection 

302.8(b)(1), Section 302.8(b)(2), and Section 302.8(b)(3), the 

owner and/or operator of livestock activities shall implement an 

alternative c ontrol measure appr oved i n writing by t he C ontrol 

Officer and the Administrator.

(2) Control measure(s) shall be c onsidered ef fectively 

implemented w hen t he l ivestock ac tivities meet t he 

requirements described in Section 302.8(a) of this rule.

(3) If trackout occurs, the owner and/or operator shall repair 

and/or replace the control measure(s) and shall clean up 

immediately s uch t rackout from a reas ac cessible to the publ ic 

including curbs, gutters, and sidewalks when trackout extends a

cumulative distance of 25 l inear feet or more and at the end o f 

the day for all other trackout.

45.

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 adj acent paved r oadway or paved par king l ot, 

the ow ner and/ or oper ator of t he pr operty f rom w hich t he 

deposition eroded shall implement both of the control 

measures des cribed i n S ection 306. 1 of t his r ule. F or t he 

purpose of this rule, such control measures s hall be 

considered effectively implemented when the deposition meets 

the opac ity l imitation des cribed i n S ection 306. 2 of t his r ule. 

Exceedances of the opac ity l imitation, due t o e rosion-caused 

deposition o f bul k materials ont o pav ed s urfaces, s hall 

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 depo sits i n such a m anner s o as not t o c ause 

another source of fugitive dust.

306.2 Opacity Limitation: For the purpose of t his r ule, control 

measures s hall be considered e ffectively i mplemented w hen 

opacity observations for fugitive dust emissions from erosioncaused deposition of bulk materials onto paved surfaces do no t 

exceed 20% op acity, a s de scribed i n A ppendix C , Section 2. 1 

(Test Methods F or S tabilization-For U npaved R oads A nd 

Unpaved Parking Lots) of these rules.

302.9 Erosion-Caused Deposition of Bulk Materials Onto 

Paved Surfaces: The owner and/or operator of a non-traditional 

source of fugitive dust t hat i nvolves er osion-caused depos ition 

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 al l s uch depos its by ut ilizing t he 

appropriate c ontrol measures w ithin 24 hour s o f the depos its’ 

identification or pr ior t o t he r esumption of traffic on pav ement, 

where the pavement area has been closed to traffic; and

(2) Dispose of depos its i n such a m anner s o a s not to c ause 

another source of fugitive dust.

b. Additional Requirements:

(1) In the event that erosion-caused deposition of bulk materials 

or ot her materials o ccurs on a ny adj acent pav ed r oadway, 

paved par king l ot, c urb, gut ter, or s idewalk, t he o wner and/ or 

operator of the property from which the deposition eroded shall 

implement bo th of the c ontrol measures des cribed i n S ection 

302.9(a) of this rule.

(2) Failure t o comply w ith bot h of t he c ontrol measures 

described in S ection 302. 9(a) of this rule s hall c onstitute a 

violation of this rule.

In R ule 310. 01 ( adopted 2010) , S ection 302 .9 i s the 

same as Section 306 in S IP-approved R ule 310. 01 

(adopted 2005) . H owever, i n Rule 310. 01 ( adopted 

2010), added addi tional r equirements in Section 

302.9(b).

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

46.

307 EASEMENTS, RIGHTS-OF-WAY, AND ACCESS 

ROADS FOR UTILITIES (ELECTRICITY, NATURAL GAS, 

OIL, WATER, AND GAS TRANSMISSION): If an owner 

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 nonIn Rule 310.01 (adopted 2010), Section 302.10 is the 

same as Section 30 7 in SIP-approved R ule 310. 01 

(adopted 2005). However, Rule 310.01 (adopted 2010), 

Page 382 of 720
A. B. C.

SIP-Approved Rule 310.01

Revised February 17, 2005

Rule 310.01

Revised January 27, 2010

Explanation:

How Column B Relates To Column A

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 , oi l, w ater, and gas t ransmission) i n t he PM10

nonattainment area, then such owner and/or operator shall first 

implement one of t he control m easures described in S ection 

307.1 of t his r ule. For t he pur pose of this r ule, s uch control 

measure(s) shall be considered effectively implemented, when 

the eas ement, r ight-of-way, and ac cess r oad f or ut ilities 

(electricity, natural gas, oil, water, and gas transmission) meet 

the s tabilization and opac ity l imitation de scribed i n Section 

307.2 of this rule.

307.1 Control Measures:

a. Pave.

b. Apply dus t s uppressants, i n c ompliance w ith t he 

stabilization and opac ity limitations described in Section 307.2 

of this rule.

c. Uniformly apply and m aintain 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 t he 

purpose of t his r ule, c ontrol measures s hall be c onsidered 

effectively i mplemented w hen s tabilization and opac ity 

observations for fugitive dust emissions from easements, 

rights-of-way, and ac cess roads for utilities (electricity, natural 

gas, oi l, w ater, and gas t ransmission) do not e xceed 20% 

opacity and meet one o f t he following, as det ermined by 

Appendix C , S ection 2. 1 ( Test M ethods F or S tabilization-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%.

traditional source of f ugitive du st that i nvolves ea sements, 

rights-of-way, and ac cess r oads f or ut ilities ( transmission o f 

electricity, natural gas, oil, water, and gas) that are used by 150 

vehicle t rips or more per day i n the P M10

a. Visible Emissions Requirements and Stabilization 

Requirements: The owner and/or operator of a non -traditional 

source o f f ugitive dus t that involves eas ements, r ights-of-way, 

and access roads for utilities (transmission of electricity, natural 

gas, oil, water, and gas ) shall not cause or allow visible fugitive 

dust e missions to exceed 20% o pacity and shall not al low s ilt 

loading equal t o or gr eater t han 0. 33 oz /ft

nonattainment ar ea 

shall be subject to the requirements described in Section 

302.10(a) of t his r ule and unl ess o therwise s pecified and/ or 

required, comply with one of the control measures described in 

Section 302. 10(b) of t his r ule and t he addi tional r equirements 

described in Section 302.10(c) of this rule.

2

. H owever, i f s ilt 

loading i s equal to or gr eater than 0. 33 oz /ft2

b. Control Measures:

, t hen t he owner 

and/or operator shall not allow the silt content to exceed 6%.

(1) Pave;

(2) Apply dust suppressants other than water;

(3) Uniformly apply and maintain surface gravel; or

(4) Install locked gates at each entry point.

c. Additional Requirements:

(1) If an owner and/or operator allows 150 vehicle trips or more 

per day to use an eas ement, right-of-way, and ac cess road for 

utilities ( transmission o f el ectricity, nat ural ga s, oi l, w ater, and 

gas) in t he P M10

(2) A person, who allows 150 vehicle trips or more per day to 

use an eas ement, r ight-of-way, and ac cess r oad f or ut ilities 

(transmission of el ectricity, nat ural gas , oi l, water, and gas ) i n 

the PM

nonattainment area, t hen s uch owner and/ or 

operator s hall f irst i mplement o ne of t he control m easures 

described in Section 302.10(b) of this rule.

10

(3) Control measure(s) shall be c onsidered ef fectively 

implemented when the easement, right-of-way, and access road 

for utilities (transmission of electricity, natural gas, oil, water, 

and gas) meets the requirements described in Section 

302.10(a) of this rule.

nonattainment area, shall be responsible for 

conducting v ehicle c ounts/traffic c ounts t o det ermine i f 150 

vehicle t rips or more per day oc cur on an ea sement, r ight-ofway, and access road for utilities (transmission of electricity, 

natural gas, oil, water, and gas ). A traffic count shall measure 

vehicular traffic over a 48-hour period, which may consist of two 

non-consecutive 24-hour periods. Vehicular traffic shall be 

measured continuously dur ing eac h 24 -hour per iod. T he 

average v ehicle c ounts/traffic c ounts on t he highest t rafficked 

days s hall be r ecorded and provided t o t he C ontrol O fficer i n 

writing within 60 days of verbal or written request by the Control 

Officer.

Section 302. 10 includes a r equirement t o conduct 

vehicle c ounts/traffic counts and includes an addi tional 

control m easure – install l ocked gat es at eac h ent ry 

point.

Also, t he silt l oading and silt c ontent standards w ere 

clarified to match the intent of standards as described in 

the Federal Implementation Plan (FIP) (64 FR 71304, 

December 21, 1999), because there was concern that it 

was unc lear w ith which s tandard an o wner and/ or 

operator must comply.

The F IP stated: “ The final F IP r ule c ontains an opac ity 

standard of 20% for unpaved roads and unpaved parking 

lots....Sources subject to the FIP rule will need to comply 

with bot h a s ilt content s tandard and an opac ity 

standard...Surfaces with less than 0.33 oz/ft2 silt loading 

will be c onsidered s table under t he F IP r ule. H owever, 

when s ilt l oading i s gr eater t han 0. 33 oz /ft2 , the silt 

content standard of 6% for unpav ed r oads and 8% f or 

unpaved par king l ots must be met...Retaining bo th the 

opacity and the silt content standards and test methods 

in t he F IP r ule...will al low oppor tunities t o c ompare t he 

relative value...of the two tests.” Therefore, Rule 310.01 

(adopted 2010) , S ection 302. 10 states t hat an ow ner 

and/or operator must comply with the 20% opacity 

standard and the silt loading standard (i.e., less than 

0.33 oz/ft2

). If silt loading is equal to or greater than 0.33 

oz/ft2

, then an ow ner and/ or oper ator must comply with 

the silt content standard (i.e., 8% or l ess for unpaved 

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

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

Page 383 of 720
A. B. C.

SIP-Approved Rule 310.01

Revised February 17, 2005

Rule 310.01

Revised January 27, 2010

Explanation:

How Column B Relates To Column A

47.

501 STABILIZATION OBSERVATIONS:

501.1 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. 

501.2 Stabilization observations for an op en area and vacant lot 

shall be conducted in accordance with the following: 

a. Appendix C , Section 2.3 ( Test M ethods F or StabilizationVisible C rust D etermination) ( The Drop Ball/Steel Ball T est) o f 

these rules; or

b. Appendix C , S ection 2 .4 ( Test M ethods F or S tabilizationDetermination Of Threshold Friction Velocity (TFV)) (Sieving Field 

Procedure) of t hese r ules, w here t he t hreshold f riction v elocity 

(TFV) f or di sturbed s urface areas c orrected for non-erodible 

elements is 100 cm/second or higher; or

c. Appendix C , Section 2.5 ( Test M ethods F or StabilizationDetermination 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 , S ection 2 .6 ( Test M ethods F or S tabilizationDetermination O f S tanding V egetative C over) of t hese rules, 

where standing vegetation cover (i.e., vegetation that is attached 

(rooted) with a pr edominant v ertical orientation) is equal to or 

greater than 30%; or

e. Appendix C , Section 2.6 ( Test M ethods F or StabilizationDetermination O f S tanding V egetative C over) of t hese rules, 

where t he s tanding v egetation cover ( i.e., v egetation that is 

attached (rooted) with a predominant vertical orientation) is equal 

to or greater than 10% and w here 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 StabilizationRock Test M ethod) of t hese r ules w here a per cent c over i s 

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.

501 COMPLIANCE DETERMINATION: To de termine 

compliance w ith t his r ule, t he f ollowing t est m ethods shall be 

followed:

501.1 Opacity Observations:

a. Opacity observations to measure v isible e missions s hall be 

conducted in accordance with the techniques specified in EPA 

Reference M ethod 203B ( Visual D etermination of O pacity o f 

Emissions from Stationary Sources for Time-Exception 

Regulations). Emissions shall not exceed the applicable opacity 

standards of this rule for a per iod aggregating more than three 

minutes in any 60-minute period.

b. Opacity observations to determine compliance with Sections 

302.6, 302. 7, 302. 8(a)(1), 302. 8(a)(2), and 302. 10 of t his r ule 

shall be c onducted in accordance with the techniques specified 

in Appendix C (Fugitive Dust Test Methods) of these rules.

501.2 Stabilization observations for unpaved parking lots and/or 

unpaved r oadways ( including al leys) s hall be conducted i n 

accordance with Appendix C, Section 2.1 (Test Methods for 

Stabilization for Unpaved Roads and U npaved Parking Lots) of 

these rules.

501.3 Stabilization observations for v ehicle us e i n open ar eas 

and vacant lots and/or open areas and vacant lots shall be 

conducted in accordance with the following: 

a. Appendix C, Section 2.3 (Test Methods for Stabilization: Soil 

Crust Determination: The Drop Ball Test) of these rules; or

b. Appendix C , S ection 2. 4 ( Test M ethods f or S tabilization: 

Determination of Threshold Friction Velocity [TFV]: Sieving Field 

Procedure) of these rules, where the threshold friction velocity 

(TFV) for di sturbed s urface ar eas corrected for n on-erodible 

elements is 100 cm/second or higher; or

c. Appendix C , S ection 2. 5 ( Test M ethods f or Stabilization: 

Determination o f F lat Vegetative C over) of t hese r ules, w here 

flat v egetation c over ( i.e., at tached [ rooted] v egetation or 

unattached v egetative debris l ying on t he s urface with a 

predominant hor izontal or ientation t hat i s not subject t o 

movement by wind) is equal to at least 50%; or

d. Appendix C , S ection 2. 6 ( Test M ethods f or S tabilization: 

Determination of Standing V egetative C over) of t hese r ules, 

where s tanding v egetation c over ( i.e., v egetation that i s 

attached [ rooted] w ith a pr edominant v ertical or ientation) i s 

equal to or greater than 30%; or

e. Appendix C , S ection 2. 6 ( Test M ethods f or Stabilization: 

Determination of Standing V egetative C over) of t hese r ules, 

where t he s tanding v egetation cover ( i.e., v egetation t hat i s 

attached [ rooted] w ith a pr edominant v ertical or ientation) i s 

equal t o or gr eater t han 10% an d where t he t hreshold f riction 

velocity, c orrected f or non -erodible el ements, i s equal t o 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 

In Rule 310.01 (adopted 2010), Section 501 is the same 

as S ection 501 i n S IP-approved Rule 310. 01 ( adopted 

2005). H owever, i n R ule 31 0 ( adopted 2010) , added 

opacity observations in Section 501.1. Test methods for 

opacity observations are included i n Rule 310.01 

(adopted 2010) , S ection 501 .1, bec ause v isible 

emissions r equirements ar e i ncluded i n t he f ollowing 

sections:

• 302.4: Vehicle Use In Open Areas And Vacant Lots: No 

visible emissions beyond the property line

• 302. 5: O pen A reas A nd Vacant Lot s: N o v isible 

emissions beyond the property line

• 302. 6: U npaved P arking Lot s: N o v isible em issions 

beyond t he pr operty l ine and 20 % opac ity l imit and silt 

loading and silt content standards

• 302. 7: U npaved Roadways ( Including A lleys): 20% 

opacity limit and silt loading and silt content standards

• 302.8: Livestock Activities: No visible emissions beyond 

the property line; 20% opacity limit and s ilt loading and 

silt content standards for unpaved access c onnections 

and unpaved feed lane access areas; 20% opacity limit 

for corrals, pens, and arenas, and no visible emissions

• 302.10: E asements, Rights-Of-Way, And Access 

Roads F or U tilities ( Transmission O f Electricity, N atural 

Gas, Oil, Water, And Gas): 20% opacity limit and silt 

loading and silt content standards

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

Page 384 of 720
A. B. C.

SIP-Approved Rule 310.01

Revised February 17, 2005

Rule 310.01

Revised January 27, 2010

Explanation:

How Column B Relates To Column A

greater than 10% for non-erodible elements.

g. An alternative test method approved in writing by the Control 

Officer and the Administrator.

48.

502 RECORDKEEPING: Any person subject to the 

requirements of this rule shall compile and r etain records that 

provide evidence of control measure application (i.e., receipts 

and/or pur chase r ecords). Such person s hall describe, i n t he 

records, the t ype of t reatment or c ontrol measure, ex tent of 

coverage, and dat e applied. Upon verbal or written request by 

the Control Officer, such person shall provide the records and 

supporting doc umentation w ithin 48 hour s, ex cluding 

weekends. If the Control Officer is at the site where requested 

records are kept, such person shall provide the records without 

delay. 

502 RECORDKEEPING: Any per son s ubject to t he 

requirements of t his r ule shall compile and r etain r ecords t hat 

provide ev idence of c ontrol measure appl ication ( i.e., r eceipts 

and/or purchase records). Such person shall describe, in t he 

records, the type of treatment or control measure, extent of 

coverage, and dat e applied. Upon verbal or written request by 

the Control Officer, s uch person shall pr ovide t he r ecords and 

supporting documentation as soon as possible but no later than 

48 hour s, ex cluding w eekends. I f t he Control O fficer i s at the 

site where r equested r ecords ar e k ept, s uch per son shall 

provide the records without delay.

In Rule 310.01 (adopted 2010), Section 502 is the same 

as S ection 502 i n S IP-approved Rule 310. 01 ( adopted 

2005).

Rule 310. 01 ( adopted 20 10) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

49.

503 RECORDS RETENTION: Copies of the records required 

by Section 502 ( Recordkeeping) of this rule shall be retained 

for at least one year.

503 RECORDS RETENTION: Copies of the records required by 

Section 502 (Recordkeeping) of this rule shall be retained for at 

least two years.

In Rule 310.01 (adopted 2010), Section 503 is the same 

as S ection 503 i n S IP-approved Rule 310. 01 ( adopted 

2005). However, in Rule 310.01 (adopted 2010), records 

must be r etained f or at least two y ears i nstead o f one 

year as required in SIP-approved Rule 310.01 (adopted 

2005).

Rule 310. 01 ( adopted 201 0) i s as s tringent a s S IPapproved Rule 310.01 (adopted 2005).

Page 385 of 720