______________________________________________________________________________

Appendix 1 2 : Comparison of SIP-Approved Rule 310.01 with January 27, 2010 Adopted 

Version of Rule 310.01

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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

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 DUST-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 PRACTICE

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210 220 OFF-ROAD VEHICLE

211 221 OPEN AREAS AND VACANT LOTS

212 222 OWNER AND/OR OPERATOR

213 223 PAVE

214 224 PM10 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 NONTRADITIONAL SOURCES OF FUGITIVE DUST

302 CONTROL MEASURES FOR NON-TRADITIONAL SOURCES OF 

FUGITIVE DUST

SECTION 400 -– ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500 -– MONITORING AND RECORDS

501 STABILIZATION OBSERVATIONSCOMPLIANCE 

DETERMINATION

502 RECORDKEEPING

503 RECORDS RETENTION

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Adopted 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 permit nor 

a Dust Control Plan. The effect of this rule shall be to minimize the amount of fine 

particulate matter (PM10)fugitive dust entrained into the ambient air as a result of the 

impact of human activitiesfrom non-traditional sources of fugitive dust by requiring 

measures to prevent, reduce, or mitigate particulate matterfugitive 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, 

thenon-traditional sources of fugitive dust that are conducted in Maricopa County, 

except for those dust-generating operations listed in Section 103 of this rule.

102.2 The provisions of this rule shall apply to any open area or vacant lot that is not 

defined as agricultural land and is not used for agricultural purposes according to 

Arizona Revised Statutes (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 §49-504.4A.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.

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103.2 The provisions of this rule shall not apply to dust-generating operations that are 

subject to the standards and/or requirements described in Rule 310: Fugitive Dust 

from Dust-Generating Operations of these rules.

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

the soil conducted by any utility or government agency in order to prevent public 

injury or to restore critical utilities to functional status.

103.4 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 air 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 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

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203 AREA ACCESSIBLE TO THE PUBLIC – Any paved parking lot or paved roadway 

that can be entered or 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, aggregatethe 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, Statefederal, state, or local water agency and is not 

prohibited for use by any applicable law, rule, or regulation.

203206 CONTROL MEASURE -– A technique, practice, or procedure used to 

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

transport of fugitive dust.

204207 DISTURBED SURFACE AREA -– A portion of the earth's surface (or 

material placed thereupon) whichon the earth’s surface that has been physically moved, 

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uncovered, destabilized, or otherwise modified from its undisturbed native condition, 

thereby increasing if the potential 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 applicablemovement, 

destabilization, or modification.

205208 DUST-GENERATING OPERATION – Any activity capable of 

generating fugitive dust, including but not limited to, the following activities:

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

208.2 Earthmoving.

208.3 Weed abatement by discing or blading.

208.4 Excavating.

208.5 Construction.

208.6 Demolition.

208.7 Bulk material handling (e.g., bulk material hauling and/or transporting, bulk 

material stacking, loading, and unloading operations).

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

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 EnvironmentalEnvironmental 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 feeding animals, displaying animals, racing animals, 

exercising animals, and/or for any other such activity exists.

207210 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.

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211 EMERGENCY ACTIVITY – Repairs that are a result of an emergency which prevents 

or hinders the provision of electricity, the distribution/collection of water, and the 

availability of other utilities due to unforeseen circumstances that are beyond the routine 

maintenance and repair due to normal wear conducted by a utility or municipality.

212 FEED LANE ACCESS AREAS – Roads providing access from the feed preparation 

areas to and including feed 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, fugitive dust does not include particulate matter emitted directly 

from the exhaust of motor vehicles and other internal combustion engines, from portable 

brazing, soldering, or welding equipment, and from piledrivers, and does not include 

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

Regulation III (Control Ofof Air Contaminants) of these rules.

208214 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 cover 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 feeding 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.

209218 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. 

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The following non-traditional sources of fugitive dust are subject to the standards and/or 

requirements described in Rule 310.01: Fugitive Dust from Non-Traditional Sources of

Fugitive Dust of these rules:

218.1 Vehicle use in open areas and vacant lots.

218.2 Open areas and vacant lots.

218.3 Unpaved parking lots.

218.4 Unpaved roadways (including alleys).

218.5 Livestock activities.

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

218.7 Easements, rights-of-way, and access roads for utilities (electricity, natural gas, 

oil, water, and gas transmission).

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.

210220 OFF-ROAD VEHICLE -– Any self-propelled conveyance specifically 

designed for off-road use, including, but not limited to, off-road or all-terrain equipment, 

trucks, cars, motorcycles, motorbikes, or motorbuggies.

211221 OPEN AREAS AND VACANT LOTS -– Any of the following 

described in Section 211Sections 221.1 through Section 211.4221.3 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.

211221.1 An unsubdivided or undeveloped tract of land adjoining a 

developed or a partially developed residential, industrial, institutional, 

governmental, or commercial area.

211221.2 A subdivided residential, industrial, institutional, governmental, or 

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

temporary or permanent nature.

211221.3 A partially developed residential, industrial, institutional, 

governmental, or commercial lot.

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

agricultural property.

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212222 OWNER AND/OR OPERATOR -– Any person who owns, leases, 

operates, controls, or supervises a fugitive dust source subject to the requirements of this 

rule.

213223 PAVE -– To apply and maintain asphalt, concrete, or other similar 

material to a roadway surface (i.e., asphaltic concrete, concrete pavement, chip seal, or 

rubberized asphalt).

214224 PM10 NONATTAINMENT AREA -– An area designated by the EPA as 

exceeding national ambient air quality standardsNational Ambient Air Quality Standards

based upon data collected thruthrough air quality monitoring. The geographical boundary 

of Maricopa County's PM10 nonattainment area is defined as the rectangle determined by 

and including the following townships and ranges: T6N, R3W; T6N, R7E; T2S, R3W; 

T2S, R7E; and T1N, R8E. Maricopa County's PM10 nonattainment area includes the 

following cities: Surprise, Peoria, Glendale, Phoenix, Scottsdale, Tempe, Mesa, Gilbert, 

Chandler, Avondale, Buckeye, and Goodyear.

215225 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.

226 PUBLIC ROADWAYS -– Any roadways that are open to public travel.

216227 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 

public 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.

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217231 UNPAVED ROADWAY (INCLUDING ALLEYS) -– A road that is not 

paved and that is owned by Federal, Statefederal, state, county, municipal, or other 

governmental or quasi-governmental agencies. For the purpose of this rule, an unpaved 

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

path used exclusively for purposes other than travel by motor vehicles. An unpaved 

roadway (including alleys) includes designated or opened trail systems and service roads 

regardless of surface composition.

218232 VACANT LOT -– The definition of vacant lot is included in Section 211 

(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 the owner’s last 

known address or to the address to which the tax bill for the property was last 

mailed.

b. Authority to enter upon any said land/property where such non-traditional 

source of fugitive dust exists/where such disturbed surface area exists and to 

take remedial and/or corrective action as may be deemed appropriate to cope 

with and relieve, reduce, remedy, and/or stabilize such non-traditional source 

of fugitive dust/such disturbed surface area. Any cost incurred in connection 

with any such remedial or corrective action by the Maricopa County Air 

Quality Department or any person acting for the Maricopa County Air Quality 

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Department 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 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 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 

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

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(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 written in compliance with ordinance(s) of local, County, 

State, or Federal sign standards.

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

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

agency.

(d) Virtual posting a government land management agency.

(3) Uniformly apply and maintain surface gravel or chemical/organic 

stabilizers to all areas disturbed by motor vehicles and/or off-road 

vehicles; or

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(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 301.1302.4(b) of this rule within 

60 calendar days following the initial discovery ofby 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 purposedisturbance 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 vacant lots meet one of the 

stabilization limitationsrequirements described in Section 

301.2302.4(a) of this rule.

(4) Once a control measure in Section 301.1302.4(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: Open Areas and 

Vacant Lots of this rule. 

301.1 Control Measures:

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a. Prevent motor vehicle and/or off-road vehicle 

trespassing, parking, and/or access, by installing barriers, 

curbs, fences, gates, posts, signs (written in English and 

Spanish and in compliance with ordinance(s) of local 

jurisdictions), shrubs, trees, or other effective control 

measures.

b. Uniformly apply and maintain surface gravel 

or chemical/organic stabilizers to all areas disturbed by motor 

vehicles and/or off-road vehicles in compliance with(5) Use of 

or parking on open areas and vacant lots by the owner and/or operator of 

such open areas and vacant lots shall not be considered vehicle use in 

open areas and vacant lots and shall not be subject to the requirements of 

Section 302.4(b) and 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.

(6) Establishing initial landscapes without the use of mechanized equipment 

or conducting landscape maintenance without the use of mechanized 

equipment shall not be considered vehicle use in open areas and vacant 

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

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.

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-traditional 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.:

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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 StabilizationVisible 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)]

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 

Vegetative Cover) of these rules;%; or 

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

attached ([rooted)] with a predominant vertical orientation) that is 

equal to or greater than 30% shall be implemented, as 

determined by Appendix C, Section 2.6 (Test Methods For 

Stabilization-Determination Of Standing Vegetative 

Cover) of these rules;%; or 

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

attached ([rooted)] with a predominant vertical orientation) that is 

equal to or greater than 10% and where the threshold friction 

velocity is equal to or greater than 43 cm/second when corrected 

for non-erodible elements shall be implemented, as 

determined by Appendix C, Section 2.6 (Test Methods For 

Stabilization-Determination Of Standing Vegetative 

Cover) of these rules; or

(f.) A percent cover that is equal to or greater 

than 10% for non-erodible elements shall be implemented, as 

Page 454 of 720
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.

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 remainareas; 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 

maintained 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 302.15(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 control 

Page 455 of 720
measure(s) to be implemented. For the purpose of this rule, such 

control measure(s) shall be considered effectively 

implemented when the open areas and vacant lots meet one of 

the stabilization limitations described in Section 302.2 of this 

rule. Should an open area or vacant lot on which no activity is 

occurring contain more than one type of disturbance, soil, 

vegetation, or other characteristics that are visibly 

distinguishable, then each representative surface shall be 

tested separately for stability, in an area that represents a 

random portion of the overall disturbed conditions of the site, 

according to the appropriate test methods in Appendix C of 

these rules and included or eliminated from the total size 

assessment of disturbed surface area(s) depending on test 

method results.

302.1(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 measure(s) must 

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

untilvacant lots meets the disturbed surface areas are stabilized, 

in compliance with one of the stabilization 

limitationsrequirements described in Section 302.25(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 

described in Section 302.2 of this rule.

c. Restore all disturbed surface areas within 60 calendar 

days following the initial discovery of the disturbance, 

such that the vegetative ground cover and soil 

characteristics are similar to adjacent or nearby 

undisturbed native conditions. Such control measure(s) 

must be maintained and reapplied, if necessary, until the 

disturbed surface areas are stabilized, in compliance with 

one of the stabilization limitations described in Section 

302.2 of this rule. Stabilization shall be achieved, per such 

control measure, within eight months after such control 

measure has been implemented.

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d. Uniformly apply and maintain surface gravel, in 

compliance with one of the stabilization limitations 

described in Section 302.2 of this rule.

e. Apply and maintain an alternative control measure 

approved in writing by the Control Officer and the 

Administrator of the EPA.

302.2 Stabilization Limitations:

a. A visible crust shall be implemented, as determined by 

Appendix C, Section 2.3 (Test Methods For StabilizationVisible Crust Determination) (The Drop Ball/Steel Ball 

Test) of these rules; or

b. A threshold friction velocity (TFV), corrected for nonerodible elements of 100 cm/second or higher, shall be 

implemented, as determined by Appendix C, Section 2.4 

(Test Methods For Stabilization-Determination Of 

Threshold Friction Velocity (TFV)) (Sieving Field 

Procedure) of these rules; or

c. Flat vegetative cover (i.e., attached (rooted) vegetation or 

unattached vegetative debris lying on the surface with a 

predominant horizontal orientation that is not subject to 

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

implemented, as determined by Appendix C, Section 2.5 

(Test Methods For Stabilization-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 

2.302.6 (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

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

non-erodible elements shall be implemented, as 

determined by Appendix C, Section 2.7 (Test Methods For 

Stabilization-Rock Test Method) of these rules; or

g. An alternative test method approved in writing by the 

Control Officer and the Administrator of the EPA shall be 

implemented.

303 UNPAVED PARKING LOTS Unpaved Parking Lots: The owner and/or 

operator of ana non-traditional source of fugitive dust that involves unpaved 

parking lotlots shall implementbe 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 303.1302.6(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 measuresadditional requirements described in Section 303.1302.6(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 theinvolves 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/ft2. However, if silt loading is 

equal to or greater than 0.33 oz/ft2, 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 purposemore 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 prevents 

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trackout 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 parking, maneuvering, ingress, and egress areas 3,000 square feet or 

more in size at residential buildings with four or fewer units install and 

maintain a paving or stabilization method authorized by the city, town, 

or county 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 PM10 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 303.2302.7(b) of 

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

rule.

303.1 Control Measures:

a. Pave.

Page 459 of 720
b. Apply dust suppressants, in compliance with the 

stabilizationVisible 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 observations forRequirements: 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. Siltshall not allow silt loading equal to or greater than 0.33 oz /ft2.

However, if silt loading is equal to or greater than 0.33 oz/ft2; or

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

does not to exceed 86%.

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 vehiclesvehicle trips or more per day to use on

an unpaved roadway (including alleysan alley) in the PM10

nonattainment area, then such person shall first implement one of the 

control measures described in Section 304.1 of this rule. For the 

purpose of this rule, such control measure(s) shall be 

considered effectively implemented when the unpaved 

roadway (including alleys) meets the stabilization and opacity 

limitation described in Section 304.2302.7(b) of this rule. 

Page 460 of 720
304.1 Control Measures:

a. Pave.

b. Apply dust suppressants, in compliance with the 

stabilization and opacity limitations described in Section 

304.2 of this rule.

c. Uniformly apply and maintain surface gravel, in 

compliance with the stabilization and opacity limitations 

described in Section 304.2 of this rule.

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

control measures shall be considered effectively implemented 

when stabilization and opacity observations for fugitive dust 

emissions from unpaved roadways (including alleys) do not 

exceed 20% opacity and meet one of the following, as 

determined by Appendix C, Section 2.1 (Test Methods For 

Stabilization-For Unpaved Roads And Unpaved Parking Lots) of 

these rules:

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

b. Silt content does not exceed 6%.

305 FEEDLOTS AND/OR LIVESTOCK AREAS: The owner and/or 

operator of any feedlot and/or livestock area shall implement 

one of the control measures described in Section 305.1 of this 

rule. For the purpose of this rule, such control(2) A person, who 

allows 150 vehicle trips or more per day on an unpaved roadway 

(including an alley) in the PM10 nonattainment area, shall be responsible 

for conducting vehicle counts/traffic counts to determine if 150 vehicle 

trips or more per day occur on an unpaved roadway (including an alley). 

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 

whenunder the feedlot and/or livestock area following conditions:

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

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

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(b) When one of the control measures described in Section 302.7(b) of 

this rule is implemented on 5 miles of unpaved roadways (including alleys) having vehicle traffic of 150 vehicle trips or more per 

day within one calendar year beginning in calendar year of 2008. If 

the control measure described in Section 305.2 of this 

rule302.7(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. 

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 requirements described in Section 302.8(a) of this rule and, unless 

otherwise specified and/or required, shall comply with the control measures 

described in Section 302.8(b) of this rule and the additional requirements 

described in Section 302.8(c) of this rule.

a. Visible Emissions Requirements:

(1) For unpaved access connections and unpaved feed lane access areas, the 

owner and/or operator shall not cause or allow visible fugitive dust 

emissions to exceed 20% opacity.

(2) For corrals, pens, and arenas, the owner and/or operator shall not cause 

or allow visible fugitive dust emissions to exceed 20% opacity for a 

period aggregating more than three minutes in any 60-minute period.

(3) The owner and/or operator shall not cause 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 livestock 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 is 

Page 462 of 720
implemented 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 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 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 removes particulate matter 

from tires and the exterior surfaces of motor vehicles that traverse 

the site.

Page 463 of 720
(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 opacity 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 observationsthe 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 the day for all other trackout.

302.9 Erosion-Caused Deposition of Bulk Materials Onto Paved Surfaces: The 

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

feedlots and/or livestock areas dothat involves erosion-caused deposition of bulk 

materials onto paved surfaces shall comply with the control measures described in 

Page 464 of 720
Section 302.9(a) of this rule and the additional requirements described in Section 

302.9(b) of this rule.

a. Control Measures:

(1) Remove any and all such deposits by utilizing the appropriate control 

measures within 24 hours of the deposits’ identification or prior to the 

resumption of traffic on pavement, where the pavement area has been 

closed to traffic; and

(2) Dispose of deposits in such a manner so as not 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 limitation302.9(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 implemented when opacity 

observations for fugitive dust emissions from erosion-caused 

deposition of bulk materials onto paved surfaces do not exceed 

Page 465 of 720
20% opacity, as described in Appendix C, Section 2.1 (Test 

Methods For Stabilization-For Unpaved Roads And Unpaved 

Parking Lots) of these rules.

307 EASEMENTS, RIGHTS-OF-WAY, AND ACCESS ROADS FOR 

UTILITIES (ELECTRICITY, NATURAL GAS, OIL, WATER, AND GAS 

TRANSMISSION): (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, water, and 

gas) that are used by 150 vehicle trips or more per day in the PM10 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% opacity and shall not allow silt loading 

equal to or greater than 0.33 oz/ft2. However, if silt loading is equal to or 

greater than 0.33 oz/ft2, 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 vehiclesvehicle 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 PM10 nonattainment area, then such owner and/or 

Page 466 of 720
operator shall first implement one of the control measures described in 

Section 307.1 of this rule. For the purpose of this rule, such 

control measure(s) shall be considered effectively 

implemented, when the easement, right-of-way, and access 

road for utilities (electricity, natural gas, oil, water, and gas 

transmission) meet the stabilization and opacity limitation 

described in Section 307.2302.10(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, 

control measures shall be considered effectively implemented 

when stabilization and opacity observations for fugitive dust 

emissions from easements, rights-of-way, and access roads for 

utilities (electricity, natural gas, oil, water, and gas 

transmission) do not exceed 20% opacity and meet one of the 

following, as determined by Appendix C, Section 2.1 (Test 

Methods For Stabilization-For Unpaved Roads And Unpaved 

Parking Lots) of these rules:

a. Silt loading is not equal to or greater than 0.33 oz/ft2; or

b. Silt content does not exceed 6%.

(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 PM10 nonattainment 

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

determine if 150 vehicle trips or more per day occur on an 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 the 

highest trafficked days shall be recorded and provided to the Control 

Page 467 of 720
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 

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 rule shall 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 Forfor Stabilization-For for Unpaved Roads Andand Unpaved 

Parking Lots) of these rules.

501.23 Stabilization observations for an vehicle use in open areaareas and 

vacant lotlots and/or open areas and vacant lots shall be conducted in accordance 

with the following: 

a. Appendix C, Section 2.3 (Test Methods Forfor

Stabilization-Visible: Soil Crust Determination) (: The Drop Ball/Steel Ball

Test) of these rules; or

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b. Appendix C, Section 2.4 (Test Methods Forfor

Stabilization-: Determination Ofof 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/second or higher; or 

c. Appendix C, Section 2.5 (Test Methods Forfor

Stabilization-: Determination Ofof 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 Forfor

Stabilization-: Determination Ofof 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 Forfor

Stabilization-: Determination Ofof 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 Forfor 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 withinas 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 yeartwo years.

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