______________________________________________________________________________ Appendix 1 2 : Comparison of SIP

- Approved Rule 310.01 with January 27, 2010 Adopted

Version of Rule 310.01REGULATION III

- – CONTROL OF AIR CONTAMINANTS

RULE 310.01

FUGITIVE DUST FROM NON

- TRADITIONAL SOURCES OF FUGITIVE DUST

OPEN AREAS, VACANT LOTS, UNPAVED PARKING LOTS, AND UNPAVED ROADWAYS

INDEX

SECTION 100

- – GENERAL

101 PURPOSE

102 APPLICABILITY

103 EXEMPTIONS

SECTION 200

- – DEFINITIONS

201 ANIMAL WASTE

202 AREA A

203 AREA ACCESSIBLE TO THE PUBLIC

204 BULK MATERIAL

202 205 CHEMICAL/ORGANIC STABILIZER

203 206 CONTROL MEASURE

204 207 DISTURBED SURFACE AREA

205 208 D UST

- GENERATING OPERATION

209 DUST SUPPRESSANT

206 FEEDLOTS AND/OR LIVESTOCK 210 EMERGENCY

211 EMERGENCY ACTIVITY

212 FEED LANE ACCESS AREAS

207 213 FUGITIVE DUST

208 214 GRAVEL PAD

215 GRIZZLY

216 LIVESTOCK ACTIVITIES

217 MOTOR VEHICLE

209 218 NON

- TRADITIONAL SOURCE OF FUGITIVE DUST

219 NORMAL FARM CULTURAL PRACTICE210 220 OFF

- ROAD VEHICLE

211 221 OPEN AREAS AND VACANT LOTS

212 222 OWNER AND/OR OPERATOR

213 223 PAVE

214 224 PM 10 NONATTAINMENT AREA

215 225 PROPERTY LINE

226 PUBLIC ROADWAYS

216 227 TRACKOUT/CARRYOUT

228 TRACKOUT CONTROL DEVICE

229 UNPAVED ACCESS CONNECTIONS

230 UNPAVED PARKING LOT

217 231 UNPAVED ROADWAY (INCLUDING ALLEYS)

218 232 VACANT LOT

SECTION 300 – STANDARDS

301 VEHICLE USE IN OPEN AREAS AND VACANT LOTS

302 OPEN AREAS AND VACANT LOTS

303 UNPAVED PARKING LOTS

304 UNPAVED ROADWAYS (INCLUDING ALLEYS)

305 FEEDLOTS AND/OR LIVESTOCK AREAS

306 EROSION

- CAUSED DEPOSITION OF BULK MATERIALS ONTO PAVED

SURFACES

307 EASEMENTS, RIGHTS

- OF

- WAY, AND ACCESS ROADS FOR UTILITIES (ELECTRICITY, NATURAL GAS, OIL, WATER, AND GAS TRANSMISSION) 301 GENERAL REQUIREMENTS FOR NON

TRADITIONAL SOURCES OF FUGITIVE DUST

302 CONTROL MEASURES FOR NON

- TRADITIONAL SOURCES OF

FUGITIVE DUST

SECTION 400

- – ADMINISTRATIV E REQUIREMENTS (NOT APPLICABLE)

SECTION 500

- – MONITORING AND RECORDS

501 STABILIZATION OBSERVATIONS COMPLIANCE

DETERMINATION

502 RECORDKEEPING

503 RECORDS RETENTIONAdopted 06/16/99

Revised 02/16/00

Revised 02/17/05

Revised 03/26/08

Revised 01/27/10

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION III

- – CONTROL OF AIR CONTAMINANTS

RULE 310.01

FUGITIVE DUST FROM NON

- TRADITIONAL SOURCES OF FUGITIVE DUST

OPEN AREAS, VACANT LOTS, UNPAVED PARKING LOTS, AND UNPAVED ROADWAYS

SECTION 100

- – GENERAL

101 PURPOSE: To limit the emission of particulate matter into the ambient air from open areas, vacant lots, unpaved parking lots, and unpaved roadways which are not regulated by Rule 310 (Fugitive Dust) of these rules and which do not require a p ermit nor

a Dust Control Plan. The effect of this rule shall be to minimize the amount of fine particulate matter (PM 10

) fugitive dust entrained into the ambient air as a result of the impact of human activities from non-traditional sources of fugitive dust by requiring measures to prevent, reduce, or mitigate particulate matter fugitive dust emissions.

102 APPLICABILITY:

102.1 The provisions of this rule shall apply to open areas, vacant lots, unpaved parking lots, and unpaved roadways which are not regulated by Rule 310 (Fugitive Dust) of these rules and which do not require a permit nor a Dust Control Plan. In addition,

the non-traditional sources of fugitive dust that are conducted in Maricopa County, except for those d ust- generating operations listed in Section 103 of this rule.

102.2 The provisions of this rule shall apply to any open area or vacant lot that is not defined as agricultural land and is not used for agricultural purposes according to Arizona Revised Statutes ( ARS) §42

- 12151 and ARS § 42

- 12152. The provisions of this rule shall not apply to normal farm cultural practices according to ARS §49

- 457 and ARS §49

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

.

103 EXEMPTIONS:

103.1 The provisions of this rule shall not apply to normal farm cultural practices according to A.R.S. § 49-457 and A.R.S. § 49-504.4.103.2 The provisions of this rule shall not apply to dust- generating operations that are subject to the standards and/or requirements described in Rule 310: F ugitive Dust

from Dust-G enerating Operations of these rules.

103.3 The provisions of this rule shall not apply to emergency activities that may disturb the soil conducted by any utility or government agency in order to prevent public injury or to restore critical utilities to functional status.

103.4 The provisions of this rule do not apply to the establishment of initial landscapes without the use of mechanized equipment, conducting landscape maintenance without the use of mechanized equipment, and playing on or maintaining a field used for non-motorized sports. However, establishing initial landscapes without the use of mechanized equipment and conducting landscape maintenance without the use of mechanized equipment shall not include grading, or trenching, performed to establish initial landscapes or to redesign existing landscapes.

SECTION 200

- – DEFINITIONS: See Rule 100 (General Provisions And Definitions) of these rules for definitions of terms that are used but not specifically defined in this rule. For the purpose of this rule, the following definitions shall apply: apply , in addition to those definitions found in

Rule 100: General Provisions and Definitions of these rules. In the event of any inconsistency

between any of the Maricopa County a ir pollution control rules

, the definitions in this rule take precedence.

201 201 ANIMAL WASTE

– Any animal excretions and mixtures containing

animal excretions.

202 AREA A

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

follows:

Township 8 North, Range 2 East and Range 3 East Township 7 North, Range 2 West through Range 5 East Township 6 North, Range 5 West through Range 6 East Township 5 North, Range 5 West through Range 7 East Township 4 North, Range 5 West through Range 8 East Township 3 North, Range 5 West through Range 8 East Township 2 North, Range 5 West through Range 8 E ast 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 East203 AREA ACCESSIBLE TO THE PUBLIC

– Any paved parking lot or paved roadway

that can be enteredor used for public travel primarily for purposes unrelated to the dustgenerating operation.

204 BULK MATERIAL

- – Any material, including, but not limited to, earth, rock, silt, sediment, sand, gravel, soil, fill, aggregate the following materials that are capable of producing fugitive dust:

204.1 Earth

. 204.2 Rock

. 204.3 Silt

. 204.4 Sediment

. 204.5 Sand

. 204.6 Gravel

. 204.7 Soil.

204.8 Fill

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

204.10 Dirt

. 204.11 Mud.

204.12 Demolition debris , cotton, trash, cinders, pumice, saw dust, feeds, grains, fertilizers, fluff (

. 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 ), and dry

. 204.22 Dry concrete , that are capable of producing fugitive dust

.

202 205 CHEMICAL/ORGANIC STABILIZER

- – Any non- toxic chemical or organic dust suppressant, other than water, which meets any specifications, criteria, or tests required by any Federal, State f ederal, s tate , or local water agency and is not prohibited for use by any applicable law, rule, or regulation.

203 206 CONTROL MEASURE

- – A technique, practice, or procedure used to prevent or minimize the generation, emission, entrainment, suspension, and/or airborne transport of fugitive dust.

204 207 DISTURBED SURFACE AREA

- –A portion of the earth's surface ( or material placed thereupon) which on the earth’s surface that has been physically moved,uncovered, destabilized, or otherwise modified from its undisturbed native condition

, thereby increasing if the potent ial for the emission of fugitive dust . For is increased by

the purpose of this rule, an area is considered to be a disturbed surface area until the activity that caused the disturbance has been completed and the disturbed surface area

meets the standards described in Section 300 of this rule, as applicable movement, destabilization, or modification

.

205 208 D UST

- GENERATING OPERATION

– Any activity capable of generating fugitive dust, including but not limited to, the following activities:

208.1 Land clearing, maintenance, and land cleanup using mechanized equipment.

208.2 Earthmoving.

208.3 Weed abatement by discing or blading.

208.4 Excavating

. 208.5 Construction.

208.6 Demolition

. 208.7 Bulk material handling (e.g., bulk material hauling and/or transporting, bulk material stacking, loading, and unloading operations).

208.8 Storage and/or transporting operations (e.g., open storage piles).

208.9 Operation of any outdoor equipment.

208.10 Operation of motorized machinery.

208.11 Establishing and/or using staging areas, parking areas, material storage areas, or

access routes to and from a site

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

208.13 Disturbed surface areas associated with a site

. 208.14 Installing initial landscapes using mechanized equipment

.

209 DUST SUPPRESSANT

- – Water, hygroscopic material, solution of water and chemical surfactant, foam, non- toxic chemical stabilizer, or any other dust palliative, which is not prohibited for ground surface application by the Environmental Environ mental Protection Agency (EPA) or the Arizona Department of Environmental Quality (ADEQ), or any applicable law, rule, or regulation, as a treatment material for reducing fugitive dust

emissions.

206 FEEDLOTS AND/OR LIVESTOCK AREAS

- Any area on which an operation directly related to fee ding animals, displaying animals, racing animals, exercising animals, and/or for any other such activity exists.

207 210 EMERGENCY

–A situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes

the source to exceed a limitation in this rule , due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include any noncompliance due to improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error.211 EMERGENCY ACTIVITY

– Repairs that are a result of an emergency which prevents or hinders the prov ision of electricity, the distribution/collection of water, and the availability of other utilities due to unforeseen circumstances that are beyond the routine maintenance and repair due to normal wear conducted by a utility or municipality.

212 FEED LANE ACCESS AREAS

–Roads providing access from the feed preparation areas to and including feed lane areas at a livestock activity. These access roads are typically used to distribute feed from feed trucks to the animals.

213 FUGITIVE DUST

- – The particulate matter not collected by a capture system, that is entrained in the ambient air and is caused from human and/or natural activities, such as, but not limited to, movement of soil, vehicles, equipment, blasting, and wind. For the purpose of this rule, fugit ive dust does not include particulate matter emitted directly from the exhaust of motor vehicles and other internal combustion engines, from portable brazing, soldering, or welding equipment, and from piledrivers, and does not include emissions from process and combustion sources that are subject to other rules in Regulation III (Control Of of

Air Contaminants) of these rules.

208 214 GRAVEL PAD

– A layer of washed gravel, rock, or crushed rock that is at least one inch or larger in diameter, that is maintained at the point of intersection of an area accessible to the public and a site exit to dislodge mud, dirt, and/or debris from the

tires of motor vehicles , prior to leaving the site. Minimum dimensions must be 30 feet wide by 3 inches deep and 50 feet long or the length of the longest motor vehicle

, whichever is greater. If an unpaved surface exit does not have adequate width to install a 30-foot wide gravel pad, then the width of the gravel pad must co ver the full width of the unpaved surface exit and such shorter width shall be adequate to prevent trackout.

215 GRIZZLY

– A device (i.e., rails, pipes, or grates) used to dislodge mud, dirt, and/or debris from the tires and undercarriage of motor vehicles prior to leaving the work site.

216 LIVESTOCK ACTIVITIES

– Any activity directly related to feeding animals, displaying animals, racing animals, exercising animals, and/or for any other such activity including, but not limited to, livestock arenas, horse arenas, feed lots, and residential

activities related to feed ing or raising animals

.

217 MOTOR VEHICLE

- – A self -propelled vehicle for use on the public roads and highways of the State of Arizona and required to be registered under the Arizona State Uniform Motor Vehicle Act, including any non-motorized attachments, such as but not limited to, trailers or other conveyances which are connected to or propelled by the actual motorized portion of the vehicle.

209 218 NON

- TRADITIONAL SOURCE OF FUGITIVE DUST

– A source of fugitive dust that is located at a source that does not require any permit under these rules.The following non-traditional sources of fugitive dust are subject to the standards and/or requirements described in Rule 310.01: Fugitive Dust f rom Non -Traditional Sources of Fugitive Dust of these rules:

218.1 Vehicle use in open areas and vacant lots

. 218.2 Open areas and vacant lots

. 218.3 Unpaved parking lots.

218.4 Unpaved roadways (including alleys).

218.5 Livestock activities

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

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

219 NORMAL FARM CULTURAL PRACTICE

- – All activities by the owner, lessee, agent, independent contractor, and/or supplier conducted on any facility for the production of crops and/or nursery plants. Disturbances of the field surface caused by turning under stalks, tilling, leveling, planting, fertilizing, or harvesting are included in

this definition.

210 220 OFF

- ROAD VEHICLE

- – Any self

- propelled conveyance specifically designed for off-road use, including, but not limited to, off- road or all -terrain equipment, trucks, cars, motorcycles, motorbikes, or motorbuggies.

211 221 OPEN AREAS AND VACANT LOTS

- – Any of the following

desc ribed in Section 211 Section s 221 .1 through Section 211.4 221.3 of this rule. For the purpose of this rule, vacant portions of residential or commercial lots that are immediately adjacent and owned and/or operated by the same individual or entity are considered one vacant open area or vacant lot.

211 221 .1 An unsubdivided or undeveloped tract of land adjoining a developed or a partially developed residential, industrial, institutional, governmental, or commercial area.

211 221 .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.

211 221 .3 A partially developed residential, industrial, institutional, governmental, or com mercial lot.

211.4 A tract of land, in the PM 10 nonattainment area, adjoining agricultural property.212 222 OWNER AND/OR OPERATOR

- – Any person who owns, leases, operates, controls, or supervises a fugitive dust source subject to the requirements of this

rule.

213 223 PAVE

- – To apply and maintain asphalt, concrete, or other similar material to a roadway surface (i.e., asphaltic concrete, concre te pavement, chip seal, or rubberized asphalt).

214 224 PM 10 NONATTAINMENT AREA

- – An area designated by the EPA as exceeding national ambient air quality standards National Ambient Air Quality Standards based upon data collected thru through air quality monitoring. The geographical boundary of Maricopa County's PM 10 nonattainment area is defined as the rectangle determined by and including the following townships and ranges: T6N, R3W; T6N, R7E; T2S, R3W; T2S, R7E; and T1N, R8E. Maricopa Count y's PM 10 nonattainment area includes the following cities: Surprise, Peoria, Glendale, Phoenix, Scottsdale, Tempe, Mesa, Gilbert, Chandler, Avondale, Buckeye, and Goodyear.

215 225 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 th e boundaries dividing the areas of all sub- tenancies.

226 PUBLIC ROADWAYS

- –Any roadways that are open to public travel.

216 227 TRACKOUT/CARRYOUT

– Any and all bulk materials that adhere to and agglomerate on the surfaces of motor vehicles, haul trucks, and/or equipment (including tires) and that have fallen or been deposited onto an area accessible to the public.

228 TRACKOUT CONTROL DEVICE

– A gravel pad, grizzly, wheel wash system, or a paved area, located at the point of intersection of an unpaved area and an area accessible to the public that controls or prevents vehicular trackout.

229 UNPAVED ACCESS CONNECTIONS

–Any unpaved road connection with a paved publ ic road.

230 UNPAVED PARKING LOT

- – Any area larger than 5,000 square feet that is not paved and that is used for parking, maneuvering, material handling, or storing motor vehicles and equipment. An unpaved parking lot includes, but is not limited to , automobile impound yards, wrecking yards, automobile dismantling yards, salvage yards, material handling yards, and storage yards. For the purpose of this rule , maneuvering shall not include military maneuvers or exercises conducted on federal facilities

.217 231 UNPAVED ROADWAY (INCLUDING ALLEYS)

- – A road that is not paved and that is owned by Federal, State f ederal, s tate , county, municipal, or other governmental or quasi-governmental agencies. For the purpose of this rule, an unpaved roadway (including alleys) is not a horse trail, hiking path, bic ycle path, or other similar path used exclusively for purposes other than travel by motor vehicles. An unpaved roadway (including alleys) includes designated or opened trail systems and service roads regardless of surface composition

.

218 232 VACANT LOT

- –The definition of vacant lot is included in Section 211 ( 221 : Definition Of of Open Areas And and Vacant Lots ) of this rule.

SECTION 300

- – STANDARDS

301 VEHICLE USE IN OPEN AREAS AND VACANT LOTS: GENERAL REQUIREMENTS FOR NON

- TRADITIONAL SOURCES OF FUGITIVE DUST:

301.1 An owner and/or operator of a non-traditional source of fugitive dust shall be subject to the standards and/or requirements described in this rule. Failure to comply with any such standards and/or requirements is deemed a violation of this

rule.

301.2 When an owner and/or operator of a non- traditional source of fugitive dust fails to stabilize disturbed surfaces of vacant lots as required in Sections 302.4 and 302.5 of this rule, the Control Officer shall commence enforcement of those rule provisions regarding the stabilization of disturbed surfaces of vacant lots that include the following:

a. Reasonable written notice to the owner or the owner’s authorized agent or the owner’s statutory agent that the unpaved disturbed surface of a vacant lot is required to be stabilized. The notice shall be given not less than 30 days before the day set for compliance and shall include a legal description of the property and the estimated cost to the county for the stabilization if the owner does not comply. The notice shall be either personally served or mailed by certified mail to the owner’s statutory agent, to the owner at th e owner’s last known address or to the address to which the tax bill for the property was last

mailed.

b. Authority to enter upon any said land/property where such non- traditional source of fugitive dust exists/where such disturbed surface area exists and to take remedial and/or corrective action as may be deemed appropriate to cope with and relieve, reduce, remedy, and/or stabilize such non-traditional source of fugitive dust/such disturbed surface area. Any cost incurred in connection with any such remed ial or corrective action by the Maricopa County Air Quality Department or any person acting for the Maricopa County Air QualityDepartment shall be reimbursed by the owner and/or operator of such nontraditional source of fugitive dust.

302 CONTROL MEASURES FOR NON

- TRADITIONAL SOURCES OF FUGITIVE

DUST:

302.1 When engaged in the activities described in Sections 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 Section s 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 applicable,

and/or failure to maintain stabilization of a non

- traditional source of fugitive dust with adequate surface crusting to prevent wind erosion as measured by the requirements in this rule shall be deemed a violation of this rule.

302.4 Vehicle Use in Open Areas and Vacant Lots: The owner and/or operator of a non-traditional source of fugitive dust that involves vehicle use in open areas and

vacant lots shall be subject to the requirements described in Section 302.4(a) of this rule and, unless otherwise specified and/or required, shall comply with the control measures described in Section 302.4(b) of this rule and the additional requirements described in Section 302.4(c) of this rule.

a. Visible Emissions Requirements and Stabilization Requirements :

(1) The owner and/or operator of a non-traditional source of fugitive dust that involves vehicle use in open areas and vacant lots shall not cause or allow visible emissions of particulate matter, including fugitive dust, beyond the property line within which the emissions are generated.

(2) The owner and/or operator of a non-traditional source of fugitive dust that involves vehicle use in open areas and vacant lots shall stabilize the open areas and vacant lots on which vehicles are used to meet one of the

fo llowing 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 vegetative cover (i.e., attached [rooted] vegetation or unattached vegetative debris lying on the surface with a predominant horizontal orientation that is not subject to movement by wind) that is equal to at least 50%; or

(d) Standing vegetative cover (i.e., vegetation that is attached [rooted] with a predominant vertical orientation) that is equal to or greater than 30%; or

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

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

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

Officer and the Administrator.

b. Control Measures:

(1) Prevent motor vehicle and/or off-road vehicle trespassing, parking, and/or access by installing barriers, curbs, fences, gates, posts, shrubs, trees, or other effective control measures;

(2) Prevent motor vehicle and/or off-road vehicle trespassing, parking, and/or access by posting that consists of one of the following:

(a) A sign writt en in compliance with ordinance(s) of local, County, State, or Federal sign standards.

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

(c) Most current maps approved by a government land management

agency.

(d) Virtual posting a government land mana gement agency.

(3) Uniformly apply and maintain surface gravel or chemical/organic stabilizers to all areas disturbed by motor vehicles and/or off -road vehicles; or(4) Apply and maintain an alternative control measure approved in writing by the Control Officer and the Administrator.

c. Additional Requirements:

(1) If open areas and vacant lots are 0.10 acre (4,356 square feet) or larger and have a cumulative of 500 square feet or more that are disturbed by being driven over and/or used by motor vehicles and/or , by off -road

vehicles , or for material dumping , then the owner and/or operator of such open areas and vacant lots shall implement one or more of the

control measures described in Section 301.1 302.4(b) of this rule within

60 calendar d ays following the initial discovery of by the Control Officer

of disturbance or vehicle use on open areas and vacant lots.

(2) Within 30 calendar days following the initial discovery by the Control

Officer of disturbance or vehicle use on open areas and vacant lots, the owner and/or operator of such open areas and vacant lots shall provide in writing to the Control Officer a description and date of the control measure(s) to be implemented to prevent such disturbance or vehicle use on open areas and vacant lots. For

(3) The owner and/or operator shall implement all control measures necessary to limit the purpose disturbance or vehicle use on open areas and vacant lots in accordance with the requirements of this rule , such

control . Control measure(s) shall be considered effectively implemented when the open areas and vac ant lots meet one of the

stabilization limitations requirements described in Section

301.2 302.4(a) of this rule.

(4) Once a control measure in Section 301.1 302.4(b) of this rule has been effectively implemented, then such open area or vacant lot is subject to the requirements of Section 302 (Open Areas And Vacant Lots) of this rule. Use of or parking on open areas and vacant lots by the owner and/or operator of such open areas and vacant lots and/or landscape maintenance of such open areas and vacant lots shall not be considered vehicle use in open areas and vacant lots, although such open areas and vacant lots shall still

meet the stabilization limitations described in Section 301.2 of this rule. For the purpose of this rule, landscape maintenance does not include grading, trenching, nor any other mechanized surface disturbing activities performed to establish initial landscapes or to redesign existing landscapes .5: O pen Areas and

Vacant Lots of this rule

.

301.1 Control Measures:a. Prevent motor vehicle and/or off

- road vehicle trespassing, parking, and/or access, by installing barriers, curbs, fences, gates, posts, signs (written in English and Spanish and in compliance with ordinance(s) of local jurisdictions), shrubs, trees, or other effective control

measures.

b. Uniformly apply and maintain surface gravel or chemical/organic stabilizers to all areas disturbed by motor

vehicles and/or off

- road vehicles i n compliance with (5) Use of or parking on open areas and vacant lots by the owner and/or operator of such open areas and vacant lots shall not be considered vehicle use in open areas and vacant lots and shall not be subject to the requirements of

Section 3 02.4(b) and sections 302.4(c)(1) through 302.4(c)(4) of this rule. Such open areas and vacant lots shall still m eet the requirements

described in Section 302.5 of this rule.

(6) Establishing initial landscapes without the use of mechanized equipment or conducting landscape maintenance without the use of mechanized equipment shall not be considered vehicle use in open areas and vacant

lots and shall not be subject to the requiremen ts of Section 302.4(b) and

Section s 302.4(c)(1) through 302.4(c)(4) of this rule. Such open areas

and vacant lots shall still m eet the requirements described in Section

302.5 of this rule.

302.5 Open Areas and Vacant Lots: The owner and/or operator of a non- traditional source of fugitive dust that involves open areas and vacant lots shall be subject to

the requirements described in Section 302.5(a) of this rule and, unless otherwise specified and/or required, shall comply with the control measures described in Section 302.5(b) of this rule and the additional requirements described in Section 302.5(c) of this rule.

a. Visible Emissions Requirements and Stabilization Requirements :

(1) The owner and/or operator of a non- trad itional source of fugitive dust that involves open areas and vacant lots shall not cause or allow visible emissions of particulate matter, including fugitive dust , beyond the property line within which the emissions are generated.

(2) The owner and/or operator of a non-traditional source of fugitive dust that involves open areas and vacant lots shall stabilize the open areas

and vacant lots to meet one of the following stabilization limitations

described in Section 301.2 of this rule. :c. Apply and maintain an alternative control measure approved in writing by the Control Officer and the

Administrator of the EPA.

301.2 Stabilization Limitations:

a. A visible crust shall be implemented, as determined by Appendix C, Section 2.3 (Test Methods For Stabilization

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

(a) A soil crust; or

( b

. ) A threshold friction velocity (TFV) corrected for non-erodible elements of 100 cm/second or higher shall be implemented, as determined by Appendix C, Section 2.4 (Test Methods For

Stabilization

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

( c

. ) Flat vegetative cover (i.e., attached ( [ rooted ) ]

vegeta tion or unattached vegetative debris lying on the surface with a predominant horizontal orientation that is not subject to movement by wind) that is equal to at least 50 % shall be implemented, as determined by Appendix C, Section 2.5 (Test Methods For Stab ilization

- Determination Of Flat Vegetative Cover) of these rules; %; or

( d

. ) Standing vegetative cover (i.e., vegetation that is

attached ( [ rooted ) ] with a predominant vertical orientation) that is equal to or greater than 30 % shall be implemented, as determined by Appendix C, Section 2.6 (Test Methods For

Stabilization

- Determination Of Standing Vegetative Cover) of these rules; %; or

( e

. ) Standing vegetative cover (i.e., vegetation that is

attached ( [ rooted ) ] with a predominant vertical orientation) that is equal to or greater than 10% and where the threshold friction velocity is equal to or greater than 43 cm/second when corrected

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

Stabilization

- Determination Of Standing Vegetative Cover) of these rules ; or

( f

. ) A percent cover that is equal to or greater

than 10% for non- erodible elements shall be implemented, asdetermined by Appendix C, Section 2.7 (Test Methods For

Stabilization

- Rock Test Method) of these rules ; or

( g

. ) An alternative test method approved in writing by

the Control Officer and the Administrator of the EPA

.

b. Control Measures:

(1) Establish vegetative ground cover on all disturbed surface areas. Such control measure(s) must be maintained and reapplied, if necessary.

Stabilization shall be implemented. achieved, per this control measure, within eight months after the control measure has been implemented ; or

302 OPEN AREAS AND VACANT LOTS: If open areas and vacant

lots have 0.5 acre or more of (2) Apply a dust suppressant to

all disturbed surface area and remain areas ; or

(3) Restore all disturbed surface areas within 60 calendar days following the initial discovery by the Control Officer of the disturbance, such that the vegetative ground cover and soil characteristics are similar to adjacent or nearby undisturbed native conditions. Such control measure(s) must be

mai ntained and reapplied, if necessary. Stabilization shall be achieved, per such control measure, within eight months after such control measure has been implemented ; or

(4) Uniformly apply and maintain surface gravel ; or

(5) Apply and maintain an alternative control measure approved in writing by the Control Officer and the Administrator.

c. Additional Requirements:

(1) If open areas and vacant lots are 0.10 acre (4,356 square feet) or larger and have a cumulative of 500 square feet or more that are disturbed and

if such disturbed area remains unoccupied, unused, vacant, or undeveloped for more than 15 days, then the owner and/or operator of such open areas and vacant lots shall implement one or more of the

control measures described in Section 302. 1 5 (b) of this rule within 60 calendar days following the initial discovery by the Control Officer of the disturbance on the open areas and vacant lots.

(2) Within 30 calendar days following the initial discovery by the Control Officer of the disturbance on the open areas and vacant lots, the owner and/or operator of such open areas and vacant lots shall provide in writing to the Control Officer a description and date of the controlmeasure(s) to be implemented. For the purpose of this rule, such control measure(s) shall be considered effectively implemented when the open areas and vacant lots meet one of

the stabilization limitations described in Section 302.2 of this rule. Should an open area or vacant lot on w hich no activity is occurring contain more than one type of disturbance, soil, vegetation, or other characteristics that are visibly distinguishable, then each representative surface shall be tested separately for stability, in an area that represents a

ra ndom portion of the overall disturbed conditions of the site, according to the appropriate test methods in Appendix C of

these rules and included or eliminated from the total size assessment of disturbed surface area(s) depending on test

method results.

302.1 (3) Control Measures:

a. Establish vegetative ground cover on all disturbed surface areas within 60 calendar days following the initial discovery of the measure(s) shall be considered effectively implemented when the disturbance . Such control mea sure(s) must

be maintained on the open areas and reapplied, if necessary,

until vacant lots meets the disturbed surface areas are stabilized, in compliance with one of the stabilization

limitations requirements described in Section 302. 2 5(a) of this rule.
Stabilization shall be achieved, per this control measure, within eight months after the control measure has been implemented.

b. Apply a dust suppressant to all disturbed surface areas, in compliance with one of the stabilization limitations

describe d 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

undistu rbed native conditions. Such control measure(s) must be maintained and reapplied, if necessary, until the disturbed surface areas are stabilized, in compliance with

one of the stabilization limitations described in Section

302.2 of this rule. Stabilization shall be achieved, per such control measure, within eight months after such control measure has been implemented.d. Uniformly apply and maintain surface gravel, in compliance with one of the stabilization limitations

described in Section 302.2 of thi s rule.

e. Apply and maintain an alternative control measure approved in writing by the Control Officer and the

Administrator of the EPA.

302.2 Stabilization Limitations:

a. A visible crust shall be implemented, as determined by Appendix C, Section 2.3 (Test Methods For Stabilization

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

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

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

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

c. Flat vegetative cover (i.e., attached (rooted) vegetation or unattached vegetative debris lying on the surface with a predominant horizontal orientation that is not subject to movement by wind) that is equal to at least 50% shall be implemented, as determined by Appendix C, Section 2.5 (Test Methods For Stabilization

- Determination Of Flat Veget ative Cover) of these rules; or

d. Standing vegetative cover (i.e., vegetation that is attached (rooted) with a predominant vertical orientation) that is equal to or greater than 30% shall be implemented, as determined by Appendix C, Section

2. 302. 6 (Te st Methods For Stabilization

- Determination Of Standing Vegetative Cover) of these rules; or

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

when corrected for non

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

- Determination Of Standing Vegetative Cover) of these rules; orf. A percent cover that is equal to or greater than 10% for

non

- erodible elemen ts shall be implemented, as determined by Appendix C, Section 2.7 (Test Methods For

Stabilization

- Rock Test Method) of these rules; or

g. An alternative test method approved in writing by the

Control Officer and the Administrator of the EPA shall be

im plemented.

303 UNPAVED PARKING LOTS Unpaved Parking Lots : The owner and/or operator of an a non-traditional source of fugitive dust that invo lves unpaved parking lot lots shall implement be subject to the requirements described in Section 302.6(a) of this rule and, unless otherwise specified and/or required, shall comply

with one of the control measures described in Section 303.1 302.6(b) of this rule on any surface area(s) of and the lot on which vehicles enter, park, and exit. For unpaved parking lots that are utilized intermittently, for a period of 35 days or less during the calendar year, the owner and/or operator shall implement one of

the control measures additional requirements described in Section 303.1 302.6(c)

of this rule , during the period

.

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 , beyond the property line within which the emissions are generated.

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

that the involves unpaved parking lots shall not cause or allow visible fugitive dust emissions to exceed 20% opacity and shall not allow silt loading equal to or greater than 0.33 oz/ft 2

. However, if silt loading is equal to or greater than 0.33 oz/ft 2 , then the owner and/or operator shall

not allow the silt content to exceed 8%.

b. Control Measures:

(1) For parking, maneuvering, ingress, and egress areas at developments other than residential buildings with four or fewer units that are utilized

for vehicle parking. For the purpose more than 35 days during the calendar year:

(a) Install and maintain pavement; or

(b) Apply dust suppressant other than water and install, maintain, and use a suitable trackout control device that controls and preventstrackout and/or removes particulate matter from tires and the exterior surfaces of motor vehicles that traverse the site; or

(c) Uniformly apply and maintain surface gravel.

(2) For parking, maneuvering, ingress, and egress areas at developments other than residential buildings with four or fewer units that are utilized for 35 days or less during the calendar year:

(a) Install and maintain one of the control measures listed in Section 302.6(b)(1) of this rule , such control ; or

(b) Apply water and install, maintain, and use a suitable trackout control device that controls and prevents trackout and/or removes particulate matter from tires and the exterior surfaces of motor

vehicles that traverse the site.

(3) For p arking, maneuvering, ingress, and egress areas 3,000 square feet or more in size at residential buildings wi th four or fewer units install and maintain a paving or stabilization method authorized by the city, town,

or c ounty by code, ordinance, or permit.

c. Additional Requirements:

(1) Control measure(s) shall be considered effectively implemented when the unpaved parking lot meets the stabilization and opacity

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

(2) If trackout occurs, the owner and/or operator shall repair and/or replace the control measure(s) and shall clean -up immediately such trackout

from areas accessible to the public including curbs, gutters, and

sidewalks when trackout extends a cumulative distance of 25 linear feet or more and at the end of the day for all other trackout.

302.7 Unpaved Roadways (Including Alleys): The owner and/or operator of unpaved roadways (including alleys) that are used by 150 vehicle trips or more per day in

the PM 10 nonattainment area shall be subject to the requirements described in Section 302.7(a) of this rule and, unless otherwise specified and/or required, shall comply with one of the control measures described in Section 303.2 302.7(b) of

this rule

. and the additional requirements described in Section 302.7(c) of this

rule.

303.1 Control Measures:

a. Pave.b. Apply dust suppressants, in compliance with the

stabilization Visible Emissions Requirements and opacity

limitations described in Section 303.2 of this rule.

c. Uniformly apply and maintain surface gravel, in compliance with the stabilization and opacity limitations

described in Section 303.2 of this rule.

303.2 Stabilization And Opacity Limitations: For the purpose of this rule, control measures shall be considered effectively implemented when stabilization and opacity obse rvations for Requirements : The owner and/or ope rator o f unpa ved r oadways ( including alleys) shall not
cause or allow visible fugitive dus t emissions from unpaved parking

lots do not to exceed 20% opacity and meet one of the following, as determined by Appendix C, Section 2.1 (Test Methods For

Stabilization

- For Unpaved Roads And Unpaved Parking Lots) of

these rules:

a. Silt shall not allow silt loading equal to or greater than 0.33 oz /ft 2

. However, if silt loading is equal to or greater than 0.33 oz/ft 2 ; or

b. Silt , then the owner and/or operator shall not allow the silt content

does not to exceed 8 6 %.

304 UNPAVED ROADWAYS (INCLUDING ALLEYS): b. Control

Measures:

(1) Pave;

(2) Apply dust suppressants other than water; or

(3) Uniformly apply and maintain surface gravel.

c. Additional Requirements:

(1) If a person allows 150 vehicles vehi cle trips or more per day to use on an unpaved roadway (including alleys an alley ) in the PM 10 nonattainment area, then such person shall first implement one of the

control measures described in Section 304.1 of this rule . For the purpose of this rule, such control measure(s) shall be considered effectively implemented when the unpaved roadway (including alleys) meets the stabilization and opacity

limitation described in Section 304.2 302.7(b) of this rule.304.1 Control Measures:

a. Pave.

b. Apply dust suppressants, in compliance with the stabilization and opacity limitations described in Section

304.2 of this rule.

c. Uniformly apply and maintain surface gravel, in compliance with the stabilization and opacity limitations

described in Section 304.2 of this rule.

304.2 Stabilization And Opacity Limitations: For the purpose of this rule,

control measures shall be considered effe ctively implemented when stabilization and opacity observations for fugitive dust emissions from unpaved roadways (including alleys) do not exceed 20% opacity and meet one of the following, as determined by Appendix C, Section 2.1 (Test Methods For

Stabili zation

- 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%.

305 FEEDLOTS AND/OR LIVESTOCK AREAS: The owner and/or operator of any feedlot and/or livestock area shall implement

one of the control measures described in Section 305.1 of this rule. For the purpose of this rule, such control (2) A person, who allows 150 vehicle trips or more per day on an unpaved roadway (including an alley) in the PM 10 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 alle y).

A traffic count shall measure vehicular traffic over a 48 -hour period, which may consist of two non-consecutive 24-hour periods. Vehicular

traffic shall be measured continuously during each 24-hour period. The average vehicle counts/traffic counts on the highest trafficked days shall be recorded and provided to the Control Officer in writing within 60 days of verbal or written request by the Control Officer.

(3) Control measure(s) shall be considered effectively implemented

when under the feedlot and/or livestock area following conditions:

(a) When the unpaved roadway (including an alley) meets the opacity

limitation require ments described in Section 302.7(a) of this rule.(b) When one of the control measures described in Section 302.7(b) ofthis rule is implemented on 5 miles of unpaved roadways (including alleys) having vehicle traffic of 150 vehicle trips or more per day within one calendar year beginning in calendar year of 2008. If

the control measure described in Section 305.2 of this

rule 302.7(b)(2) of this rule is implemented, the unpaved roadways (in cluding alleys) must be maintained so as to comply with Appendix C of these rules

.

305.1 Control Measures:

a. Apply dust suppressants, in compliance with the opacity

limitation described in Section 305.2 of this rule.

b. Uniformly apply and maintain surface gravel, in compliance with the opacity limitation described in

Section 305.2 of this rule.

c. 302.8 Livestock Activities: The owner and/or operator of a nontraditional source of fugitive dust that involves livestock activities shall be subject

to the require ments described in Section 302.8(a) of this rule and, unless otherwise specified and/or required, shall comply with the control measures described in Section 302.8(b) of this rule and the additional requirements described in Section 302.8(c) of this rule.

a. Visible Emissions Requirements:

(1) For unpaved access connections and unpaved feed lane access areas, the owner and/or operator shall not cause or allow visible fugitive dust emissions to exceed 20% opacity.

(2) For corrals, pens, and arenas, the owner and/or operator shall not cause or allow visible fugitive dust emissions to exceed 20% opacity for a period aggregating more than three minutes in any 60-minute period.

(3) The owner and/or operator shall not cause or allow visible emissions of particulate matter, including fugitive dust, beyond the property line within which the emissions are generated.

b. Control Measures: The owner and/or operator of a non-traditional source of fugitive dust that involves livest ock activities shall implement the control

measures described in this section of this rule. When selecting a control measure, the owner and/or operator may consider site- specific logistics of the livestock activities. When doing so, some control measures may be more reasonable to implement than others. Any control measure that isimplemented must achieve the applicable standards and requirements described in Sections 302.8(a) and (c) of this rule, as determined by the corresponding test methods, as applicable, and must achieve other applicable standards set forth in this rule. The owner and/or operator may submit a request to the Control Officer and the Administrator for the use of alternative control measure(s). The owner and/or operator may implement the alternative control measure only after the Control Officer and the Administrator have granted the petition.

(1) For unpaved access connections and unpaved feed lane access areas :

(a) Apply water and install, maintain, and use a suitable trackout control device that controls and prevents trackout and/or removes particulate matter from tires and the exterior surfaces of motor vehicles that traverse the site;

(b) Apply and maintain pavement, gravel (maintained to a depth of four inches), or asphaltic roadba se ;

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

(d) Limit vehicle trips to no more than 20 per day per road, limit vehicle speeds to no more than 15 miles per hour, and restrict public access to private roads by installing barriers, curbs, fences, gates, posts, or signs written in compliance with ordinance(s) of local, County, State, or Federal sign standards.

(2) For 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 spillage or loss of bulk material, including animal waste, from holes or other openings in the cargo compartment’s floor, sides, and/or tailgate(s);

(c) Cover cargo compartment with a tarp or other suitable closure; and

(d) Install, maintain, and use a suitable trackout control device that controls and prevents trackout and/or remo ves particulate 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 trees within 50 feet to 100 feet of animal pens, in compliance with the o pacity limitation described

in Section 305.2 of this rule. corrals, pens, and arenas;

305.2 Opacity Limitation: For (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 alternative control measure approved in writing by the purpose of this rule, Control Officer and the

Administrator.

c. Additional Requirements:

(1) The owner and/or operator of livestock activities shall implement at least

one of the control measures from each of the following three sections of this rule, as applicable: Section 302.8(b)(1), Section 302.8(b)(2), and Section 302.8(b)(3). In lieu of implementing at least one control measure from each of the following three sections of this rule, as applicable: Section 302.8(b)(1), Section 302.8(b)(2), and Section 302.8(b)(3), the owner and/or operator of livestock activities shall implement an

alternative control measure approved in writing by the Control Officer

and the Administrator

.

(2) Control measure(s) shall be considered effectively implemented when opacity observations the livestock activities meet the requirements described in Section 302.8(a) of this rule.

(3) If trackout occurs, the owner and/or operator shall repair and/or replace the control measure(s) and shall clean up immediately such trackout

from areas accessible to the public including curbs, gutters, and

sidewalks when trackout extends a cumulative distance of 25 linear feet

or more and at the end of th e day for all other trackout.

302.9 Erosion- Caused Deposition of Bulk Materials Onto Paved Surfaces: The owner and/or operator of a non-traditional source of fugitive dust emissions from

feedlots and/or livestock areas do that involves erosion-caused deposition of bulk materials onto paved surfaces shall comply with the control measures described inSection 302.9(a) of this rule and the additional requirements described in Section 302.9(b) of this rule.

a. Control Measures :

(1) Remove any and all such deposits by utilizing the appropriate control measures within 24 hours of the deposits’ identification or prior to the resumption of traffic on pavement, where the pavement area has been closed to traffic; and

(2) Dispose of deposits in such a manner so as not exceed 20% opacity, as determined by Appendix C, Section 3 (Visual Determination Of Opacity Of Emissions From Sources For Time

- Average Regulations) of these rules. to cause another source of fugitive dust.

306 EROSION

- CAUSED DEPOSITION OF BULK MATERIALS ONTO

PAVED SURFACES: b. Additional Requirements:

(1) In the event that erosion-caused deposition of bulk materials or other materials occurs on any adjacent paved roadway or
, paved parking lot

, curb, gutter, or sidewalk , the owner and/or operator of the property from which the deposition eroded shall implement both of the control

measures described in Section 306.1 of this rule. For the purpose of this rule, such control measures shall be considered effectively implemented when the deposition meets the opacity limitation

described in Section 306.2 of this rule. Exceedances of the opacity limitation, due to erosion

- caused deposition of bulk materials onto paved surfaces, shall constitute a violation of the opacity limitation 302.9(a) of this rule

.

306.1 Control Measures:

a. Remove any and all such deposits by utilizing the appropriate control measures within 24 hours of the deposits’ identification or prior to the resumption of traffic on pavement, where the pavement area has been closed to
traffic; and

b. Dispose of deposits in such a manner so as not to cause another source of fugitive dust.

306.2 Opacity Limitation: For the purpose of this rule, control measures shall be considered effectively implem ented when opacity observations for fugitive dust emissions from erosion

- caused deposition of bulk materials onto paved surfaces do not exceed20% opacity, as described in Appendix C, Section 2.1 (Test

Methods For Stabilization

- For Unpaved Roads And Unpave d Parking Lots) of these rules.

307 EASEMENTS, RIGHTS

- OF

- WAY, AND ACCESS ROADS FOR UTILITIES (ELECTRICITY, NATURAL GAS, OIL, WATER, AND GAS TRANSMISSION): (2) Failure to comply with both of the control measures described in Section 302.9(a) of this rule shall constitute a violation of this rule.

302.10 Easements, Rights -of-Way, and Access Roads for Utilities (Transmission of Electricity, Natural Gas, Oil, Water, and Gas): The owner and/or operator of a non-traditional source of fugitive dust that involves easements, rights-of-way, and access roads for utilities (transmission of electricity, natural gas, oil, wat er, and gas) that are used by 15 0 vehicle trips or more per day in the PM 10 nonattainment

area shall be subject to the requirements described in Section 302.10(a) of this rule and unless otherwise specified and/or required, comply with one of the control measures described in Section 302.10(b) of this rule and the additional requirements described in Section 302.10(c) of this rule.

a. Visible Emissions Requirements and Stabilization Requirements: The owner and/or operator of a non-traditional source of fugitive dust that involves easements, rights -of-way, and access roads for utilities (transmission of electricity, natural gas, oil, water, and gas) shall not cause or allow visible fugitive dust emissions to exceed 20% opa city and shall not allow silt loading equal to or greater than 0.33 oz/ft 2 . However, if silt loading is equal to or greater than 0.33 oz/ft 2 , then the owner and/or operator shall not allow the silt

content to exceed 6%.

b. Control Measures:

(1) Pave;

(2) Apply dust suppressants other than water;

(3) Uniformly apply and maintain surface gravel; or

(4) Install locked gates at each entry point.

c. Additional Requirements:

(1) If an owner and/or operator allows 150 vehicles vehicle trips or more per day to use an easement, right-of-way, and access road for utilities ( transmission of electricity, natural gas, oil, water, and gas

transmission ) in the PM 10 nonattainment area, then such owner and/oroperator shall first implement one of the control measures described in

Section 307.1 of this rule. For the purpose of this rule, such control measure(s) shall be considered effectively implemented, when the easement, right

- of

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

transm ission) meet the stabilization and opacity limitation

described in Section 307.2 302.10(b) of this rule.

307.1 Control Measures:

a. Pave.

b. Apply dust suppressants, in compliance with the stabilization and opacity limitations described in Section

307.2 of this rule.

c. Uniformly apply and maintain surface gravel, in compliance with the stabilization and opacity limitations

described in Section 307.2 of this rule.

307.2 Stabilization And Opacity Limitations: For the purpose of this rule,

contro l measures shall be considered effectively implemented when stabilization and opacity observations for fugitive dust emissions from easements, rights

- of

- way, and access roads for utilities (electricity, natural gas, oil, water, and gas transmission) do not exceed 20% opacity and meet one of the following, as determined by Appendix C, Section 2.1 (Test

Methods For Stabilization

- For Unpaved Roads And Unpaved Parking Lots) of these rules:

a. Silt loading is not equal to or greater than 0.33 oz/ft 2 ; or

b. Silt content does not exceed 6%.

(2) A person, who allows 150 vehicle trips or more per day to use an easement, right

- of -way, and access road for utilities (transmission of electricity, natural gas , oil, water, and gas) in the PM 10 nonattainment

area
, shall be responsible for conducting vehicle counts/traffic counts to

determine if 150 vehicle trips or more per day occur on an easement, right -of- way, and access road for utilities (transmission of electricity, natural gas, oil, water, and gas). A traffic count shall measure vehicular

traffic over a 48 -hour period, which may consist of two non-consecutive

24-hour periods. Vehicular traffic shall be measured continuously during

each 24 -hour period. The average vehicle counts/traffic counts on t he highest tr afficked days shall be recorded and provided to the ControlOfficer in writing within 60 days of verbal or written request by the

Control Officer.

(3) Control measure(s) shall be considered effectively implemented when the easement, right

- of

- way, and access road for utilities (transmission of electricity, natural gas, oil, water, and gas) meets the requirements described in Section 302.10(a) of this rule.

SECTION 400

- – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500

- – MONITORING AND RECORDS

501 STABILIZATION OBSERVATIONS:

501 COMPLIANCE DETERMINATION: To determine compliance with this rule, the following test methods shall be followed:

501.1 Opacity Observations:

a. Opacity observations to measure visible emissions shall be conducted in accordance with the techniques specified in EPA Reference Method 203B (Visual Determination of Opacity of Emissions from Stationary Sources for

Time -Exception Regulations). Emissions shall not exceed the applicable opacity standards of this rule for a period aggregating more than three minutes in any 60-minute period.

b. Opacity observations to determine compliance with Sections 302.6, 302.7, 302.8(a)(1), 302.8(a)(2), and 302.10 of this ru le s hall be conducted in accordance with the techniques specified in Appendix C (Fugitive Dust Test Methods) of these rules.

501.2 Stabilization observations for unpaved parking lots and/or unpaved roadways (including alleys) shall be conducted in accordance with Appendix C, Section 2.1 (Test Methods For for Stabilization

- For for Unpaved Roads And and Unpaved Parking Lots) of these rules.

501. 2 3 Stabilization observations for an vehicle use in open area areas and

vacant lot 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 for

Stabilization

- Visible : Soil Crust Determination ) ( : The Drop Ball /Steel Ball Test) of these rules; orb. Appendix C, Section 2.4 (Test Methods For for

Stabilization

- : Determination Of of

Threshold Friction Velocity ( [ TFV )) ( ] : Sieving Field Procedure) of these rules, where the threshold friction velocity (TFV) for disturbed surface areas corrected for non -erodible elements is 100

cm/se cond or higher; or

c. Appendix C, Section 2.5 (Test Methods For for

Stabilization

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

or

d. Appendix C, Section 2.6 (Test Methods For for

Stabilization

- : Determination Of of

Standing Vegetative Cover) of these rules, where standing vegetation cover (i.e., vegetation that is attached ( [ rooted ) ] with a predominant vertical orientation) is equal to or greater than 30%; or

e. Appendix C, Section 2.6 (Test Methods For for

Stabilization

- : Determination Of of

Standing Vegetative Cover) of these rules, where the standing vegetation cover (i.e., vegetation that is attached ( [ rooted ) ] with a predominant vertical orientation) is equal to or greater than 10% and where the threshold friction velocity, corrected for non- erodible elements, is equal to or greater than 43 cm/second; or

f. Appendix C, Section 2.7 (Test Methods For for Stabilization

- : Rock Test Method) of these rules where a percent cover is equal to or greater

than 10% for non- erodible elements.

g. An alternative test method approved in writing by the

Control Officer and the Administrator of the EPA

.

502 RECORDKEEPING: Any person subject to the requirements of this rule shall compile and retain records that provide evidence of control measure application (i.e., receipts and/or purchase records). Such person shall describe, in the records, the type of treatment or control measure, extent of coverage, and date applied. Upon verbal or written request by the Control Officer, such person shall provide the records and supporting documentation within as soon as possible but no later than 48 hours, excluding weekends. If the Control Officer is at the site where requested records are kept, such person shall provide the records without delay.

503 RECORDS RETENTION: Copies of the records required by Section 502 (Recordkeeping) of this rule shall be retained for at least one year two years

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