## ______________________________________________________________________________ Appendix 10: Demonstration that January 27 2010 Adopted Version of Rule 310.01 is as Stringent as SIP

– Approved Rule 310.01

## 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 F ugiti ve 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

- appr oved 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 Ru le

310.01 (adopted 2010) relates to SIP

- appro ved 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 20 10 ). Column C explains these inst ances.

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 particu late matter (PM 10 ) 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 R ule 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

a ccess 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 IP

approved Rule 310 .01 (adopted 200 5 ).

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 rul e. 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 310.0 1, Section 102A. 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 IP

ap proved Rule 310.01 (adopted 2005).

3. 103 EXEMPTIONS:

103.1 The provisions of this rule shall not apply to normal farm cultural p ractices 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 t

ge nerating oper ations t hat ar e subject to t he standards and/ or requirements described in Rule 310: Fugitive Dust From Dust

Generating Operations of these rules.

103.3 The provisions of this rule shall not apply to emergency activities 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 eq uipment, 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 andscap e 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.

• T he 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 s ources.

• 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

• Sou rces 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 similarA. 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 ex emption 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 andscap e 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 t

generating 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 IP

approved Rule 310.01 (adopted 2005).

The exemption clarifying the definition of “disturbed surface area”, which was included in Section 204 in SIP

approved 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 t he definition of “fugitive dust” (Section 207) and the definition of “unpaved roadway (including alleys)” (Section 217), which were included in

the S IP

- appr oved 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 e vent of any inconsistency between any of the Maricopa In Rule 310 .01 (adopted 2010), the introduction to

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

310.01 take p recedence.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 IP

approved Rule 310 (adopted 2004).

5. 201 ANIMAL WASTE : Any ani mal ex cretions and mixtures containing animal excretions. Rule 310 .01 (adopted 20 10 ) include s th e definition of “animal waste”, which matches the definition used in San Joaquin’s R ule 4570

- Confined A nimal Facilities. SIP

approved Rule 310 .01 (adopted 200 5 ) did not include the

definition of “animal waste ”.

Rule 310 .01 (adopted 20 10 ) i s as s tringent a s S IP

approved Rule 310 .01 ( adop ted 200 5 ).

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) include s 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 200 5 ) did not include the definition of “Area A”.

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

approved Rule 310 .01 (adopted 200 5 ).

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 defini tion 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 th at allowed parking

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

wi thout 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 IP

approved Rule 310 .01 (adopted 200 5 ).

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 “ bulkA. 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

- ap proved 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 IP

approved Rule 310 .01 (adopted 2005 ).

9. 202 CHEMICAL/ORGANIC STABILIZER : Any non

- to xic 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/ORGA NIC 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 reg ulation. The definition of “c hemical/organic stabilizer ” is the same

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

- approved

Rule 310 .01 (adopted 200 5 ).

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

approved Rule 310 .01 (adopted 200 5 ).

10. 203 CONTRO L 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 200 5 ).

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

approved Rule 310 .01 (adopted 200 5 ).

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

su rface 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 otherwis e 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” state d 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 h e 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.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 IP

approved Rule 310 .01 (adopted 200 5 ).

12. 208 DUST

- GENERATING OPERATION : Any activit y 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.

2 08.5 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 O peration 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 roa ds 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 200 5 ) did not include the definition of “dust

generating operation ” . T he list of activities constituting a

dust

- gener ating operation m atch es Clark C ounty’s

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

- Permitting and Dust Control for C onstruction Activities.

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

approved Rule 310 .01 (adopted 200 5 ).

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 E nvironmental 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 R ule

310.01 (adopted 2010) as i t i s in S IP

- approved R ule

310.01 (adopted 200 5 ).

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

approved Rule 310 .01 (adopted 200 5 ).

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 attributab le 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 “emergenc y”. SIP

- approved Rule 310 .01 (adopted 200 5 ) 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 IP

approved Rule 310 .01 (adopted 200 5 ).

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 ctiv ity”. 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 SectionA. 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 Rul e 310 .01 (adopted 2010).

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

approved Rule 310 .01 (adopted 200 5 ).

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

- PM 10 Emissi ons F rom P aved A nd Unpaved R oads A nd Livestock O perations . S IP

- approved R ule 310 .01 (adopted 200 5 ) did not include the definition of “feed lane

access areas ”.

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

approved Rule 310 .01 (adopted 200 5 ).

17. 20 6 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

defin ition 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 IP

approved 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 co mbustion 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 th ese 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 200 5).

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

approved Rule 310.01 (adopted 2005).

19. 214 GRAVEL PAD : A la yer 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 200 5 ) 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 IP

approved 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 200 5) did

not include the definition of “ grizzly ”. The definition matches the definition used in Rule 310 (adopted 2010).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 IP

approved Rule 310.01 (adopted 2005).

21. 216 LIVESTOCK ACTIVITIES : Any a ctivity d ire ctly 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 a nimals. Rule 310 .01 (adopted 2010) includes the definition of

“ livestock activities ”. SIP

- approved Rule 310 .01 (adopted

200 5 ) 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

- PM 10 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 IP

approved 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 p ortion 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, su ch 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 (ad opted 200 5).

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

approved 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 non

traditional sources of fugitive dust are subject to the standards and/or requirements described in Rule 310.01: Fugitive Dust

from Non

- Traditional Sources of Fugitive Dust of these rules:

218.1 Vehicle use in open areas and vacant lots

. 218.2 Open areas and vacant lots.

218.3 Unpaved parking lots.

218.4 Unpaved roadways (including alleys).

218.5 Livestock activities.

218.6 Erosion

- caused 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

- trad itional 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 IP

approved Rule 310.01 (adopted 2005)

24. 209 NORMAL FARM CULTURAL PRACTICE : All activities by

t he 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

har vesting 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 SIP

approved Rule 310 .01 (adopted 200 5).

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

approved 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 al l- 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, motorcy cles, 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 200 5).

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

approved 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 SIP

app roved Rule 310. 01 ( adopted 2005) . H owever, the

fourth c riteria
- tract of l and, i n the P M 10 nonattainment area, adjoining agricultural property

– that is included inA. 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, institutiona l, governmental, or commercial lot.

211.4 A tract of land, in the PM 10 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 IP

approved 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 subje ct 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 200 5).

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

approved Rule 310.01 (adopted 2 005).

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

simil ar 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 200 5).

Rule 310. 01 ( adopted 2010) i s as s tringent a s S IP

approved Rule 310.01 (adopted 2005).

29. 214 PM 10 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 M 10 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 PM 10 nonattainment area includes the fo llowing cities: Surprise, P eoria, G lendale, P hoenix, S cottsdale, T empe, Mesa, Gilbert, Chandler, Avondale, Buckeye, and Goodyear. 224 PM 10 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 PM 10 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 PM 10 nonattainment area includes the following cities: Surprise, Peoria, Glendale, Phoenix, Scottsdale, Tempe, Mesa, Gilbert, Chandler, Avondale, Buckeye, and Goodyear. The definition of “ PM 10 nonattainment area ” is the same

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

- approved

Rule 310 .01 (adopted 200 5).

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

approved 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 u st. 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 mp rove compliance with the rules.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 tringe nt as S IP

approved 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 (adopte d 2010) as i t i s in S IP

- approved R ule

310.01 (adopted 200 5).

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

approved 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

Ru le 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 IP

approved 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 IP

approved 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

- PM 10 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 IP

approved 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 veh icles 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 IP

approved 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 qu asi

- governmental agencies. F or the purpose of this rule, an unpav ed roadway 231 UNPAVED ROADWAY (I NCLUDING 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 SIP

approved Rule 310 .01 (adopted 2005). However, in Rule 310.01 (adopted 2010) , added t he l ast sentence toA. 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 IP

approved 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 200 5).

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

approved 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 e rtified 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 uc h

non

- traditional source of fug itive 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 suc h 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 IP

approved 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 vacantA. 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

- of

way, and ac cess r oads f or ut ilities ( electricity, nat ural gas, oil, water, and gas transmission). However, SIP

approve d Rule 310.01 (adopted 2005) did not include general, overall requirements for control measures.

In addition to including specific control measures for non

traditional s ources of f ugitive dus t (Sections 302 .4

- 302.10) , R ule 310. 01 (adopted 2 010) al so i nclu de s 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.

• F ailure 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 IP

approved 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

- tradit ional 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 owne r 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 20 10 ), Section

302.4 include s 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 stin g 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 IP

approved Rule 310.01 (adopted 2005).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 limitat ions 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 activit ies 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

vehic les 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 tabilization

Visible Crust Determination) (The Drop Ball/Steel Ball Test) of these rules; or

b. A threshold friction velocity (TFV) corrected for non

- erodible elements of 100 cm/second or higher shall be implemented, as determined by Appendix C, Section 2.4 (Test Methods For

Stabilization

- Determination Of Threshold Friction Velocity (TFV)) (Sieving Field Procedure) of these rules; or

c. Flat 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 tabilization

Determination 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 s oil 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 non

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

erodible elements; or (g) An alternative test method approved in writing by the Control

Officer and the Administrator.

b. Control Measures: (1) Prevent motor 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

managem ent 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 andA. 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 (root ed) with a predominant vertical orientation) that is equal to or greater than 10% and where the threshold friction velocity is equal to or greater than 43 cm/second when corrected for non

erodible elements shall be implemented, as determined by Appendix C, Section 2.6 (Test Methods For Stabilization

Determination Of Standing Vegetative Cover) of these rules; or

f. A percent cover that is equal to or greater than 10% for non

erodible 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 mee t 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

V acant 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 pmen t 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 o pen 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

meas ures 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 a nd Vacant Lots: The ow ner and/or operator of a non

- traditional source of fugitive du st 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 th e 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 IP

approved Rule 310.01 (adopted 2005).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 rus t shall be i mplemented, as det ermined by Appendix C, S ection 2. 3 ( Test M ethods F or S tabilization

Visible Crust Determination) (The Drop Ball/Steel Ball Test) of these rules; or

b. A threshold friction velocity (TFV), corrected for non

- erodible elements of 100 cm/second or 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 gre ater 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 non

erodible elements; or (g) An alternative test method approved in writing by the Control

Officer and the Administrator.

b. C ontrol 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 ont hs 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) Wit hin 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 heA. 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 tabilization

Determination Of Standing Vegetative Cover) of these rules; or

e. Standing vegetative cover (i.e., vegetation that is attached (rooted) with a predominant vertical orientation) that is equal to or greater than 10% and where the threshold friction velocity is equal to or greater than 43 cm/second when corrected for non

erodible elements shall be implemented, as determined by Appendix C, Section 2.6 (Test Methods For Stabilization

Det ermination Of Standing Vegetative Cover) of these rules; or

f. A percent cover that is equal to or greater than 10% for non

erodible 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 tabilizatio n 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/ft 2 . H owever, i f s ilt l oading i s equal t o or gr eater t han 0. 33

oz/ft 2

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 F R 71304, December 21, 1999), bec ause t he r e 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

w ith bot h a s ilt content s tandard and an opac ity

standard...Surfaces with less than 0.33 oz/ft 2 silt loadingA. 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

o f these rules:

a. Silt loading is equal to or greater than 0.33 oz/ft 2 ; 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; o r (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 metho d 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 thi s 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

cu mulative 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 /ft 2 , 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/ft 2 ). If silt loading is equal to or greater than 0.33

oz/ft 2 , 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 IP

approved Rule 310.01 (adopted 2005).

43. 304 UNPAVED ROADWAYS (INCLUDING ALLEYS): If a person allows 1 50 vehicles or more per day to use an unpaved roadway (including alleys) in the PM 10 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 ompl iance 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 Stabil ization 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 PM 10

a. Visible Emissi ons 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/ft 2

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 clarif ication 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 he r e 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 complyA. 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/ft 2 ; 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 M 10

(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 desc ribed i n S ection 302 .7(b) of this

rule.

10

(3) Control m eas ure(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 continu ously 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 require ments described in Section 302.7(a) of this rule. (b) When one of the control measures described in Secti on 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/ft 2 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 /ft 2 , 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

r elative 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/ft 2 ). If silt loading is equal to or greater than 0.33

oz/ft 2 , 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 IP

approved 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

- trad itional 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

- mi nute 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 non

traditional 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 (a dopted 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):

• C ontrol 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” i s u sed

instead of “feedlots and/or livestock areas”. The term and its definition are similar to San Joaquin Valley and South

Coast. C ontrol m easures a re 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 20 10 ), control m easures ar e 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 pub lic, corrals, pens, and arenas.

• Two control m easures were ad ded

– apply water andA. 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 iv estock 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 h oles 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 Cle an Air Act.

• A trackout c ontrol dev ice must be i nstalled i f bul k

material i s haul ed of f

- site and, i f trackout o ccur s on an area ac cessible t o the publ ic, s uch t rackout must be

cleaned up immediately when it extend s a cumulative

dist ance of 25 linear feet or more. • More specific visible emissions requirements. The visible emissions requirements a re more specific in Rule 310.01 (adopted 20 10 ) than they were in SIP

- approved Rule 310.01 (adopted 2005) . Visible fugitive dust

emissions ar e not al lowed t o e xceed 20% opac ity and

a re not allowed to extend beyond the property line.

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

approved Rule 310.01 (adopted 2005).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. Addition al 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

th e 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 deposit s’ 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 purpo se of t his r ule, control measures s hall be considered e ffectively i mplemented w hen opacity observations for fugitive dust emissions from erosion

caused 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) Remov e 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 (adopte d 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 IP

approved 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 non

In 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),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 all ows 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 PM 10 nonattainment area, then such owner and/or operator shall first implement one of t he c ontrol 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 30 7.2

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/ft 2 ; 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 M 10

a. Visible Emissions Requirements and St abilization 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 /ft 2

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 M 10

(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

t he 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 easem ent, 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

- of

way, 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/traf fic 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 the r e was concern that it

was unc lear w ith which s tandard an o wner and/ o r 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...Surfa ces with less than 0.33 oz/ft 2 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 /ft 2 , 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/ft 2 ). If silt loading is equal to or greater than 0.33

oz/ft 2 , 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 IP

approved Rule 310.01 (adopted 2005).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 (includ ing 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 ac cordance with the following:

a. Appendix C , Section 2.3 ( Test M ethods F or Stabilization

Visible 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 tabilization

Determination 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 Stabil ization

Determination Of Flat Vegetative Cover) of these rules, where flat vegetation cover (i.e., attached (rooted) vegetation or unattached vegetative debris lying on the surface with a predominant horizontal orientation that is not subject to movement b y wind) is equal to at least 50%; or

d. Appendix C , S ection 2 .6 ( Test M ethods F or S tabilization

Determination 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 Stabilization

Determination 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 Stabilization

Roc k 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 ter mine 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

s hall 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 u les, 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. Te st 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 on nections 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 IP

approved Rule 310.01 (adopted 2005).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 RECO RDKEEPING: 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 IP

approved 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 r equired 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 IP

approved Rule 310.01 (adopted 2005).