SAN JOAQUIN VALLEY UNIFIED AIR POLLUTION CONTROL DISTRICT

RULE 8081 - AGRICULTURAL SOURCES (Adopted November 15, 2001; Amended September 16, 2004)

1.0 Purpose

The purpose of this rule is to limit fugitive dust emissions from agricultural sources.

2.0 Applicability

This rule applies to off-field agricultural sources. The provisions of this rule adopted on November 15, 2001 shall remain in effect until October 1, 2004 at which time the amendments adopted on September 16, 2004 shall take effect.

3.0 Definitions

The definitions of terms established in Rule 8011 (General Requirements) shall apply to this rule.

4.0 Exemptions

In addition to the exemptions established in Rule 8011, the following exemptions are established for this rule:

4.1 On-field agricultural sources.

4.2 Off-field agricultural sources necessary to minimize or respond to adverse effects on agricultural crops caused during freezing temperatures as declared by the National Weather Service.

4.3 Any outdoor storage, handling, or transport of bulk materials which would be damaged by wetting with water or by the application of chemical/organic dust suppressants, provided owners/operators demonstrates to the satisfaction of the APCO and USEPA, that none of the control measures specified in Table 8081-1 of this rule can be implemented to limit visible dust emissions (VDE) to 20% opacity or provide a stabilized surface as defined in Rule 8011.

4.4 Any unpaved road segment with less than 75 vehicle trips for that day. If 75 vehicle trips for that day will be exceeded, an owner/operator shall comply with the requirements of this Rule. This threshold does not apply to unpaved road segments subject to the requirements of Rule 4550 (Conservation Management Practices). Equipment with loading forks employed in the act of loading or unloading harvested commodities in the harvest location and traveling at 3 miles per hour or less are not included in the trip counts.4.5 The felling and removal of trees from forest stands. However, the rules of Regulation VIII will apply to other timber harvest activities such as site preparation of log storage and staging areas.

4.6 Outdoor storage of any bulk material at a single site where no material is actively being added or removed and where the total material stored is less than 100 cubic yards.

4.7 Any unpaved vehicle and equipment parking and traffic area less than 1.0 acre and more than one mile from an urban area, or with less than 50 Average Annual Daily Trips (AADT) or less than 150 VDT that are utilized intermittently for a period of 30 days or less during the calendar year.

4.8 Transport of a bulk material in an outdoor area for a distance of twelve feet or less with the use of a chute or conveyor device.

5.0 Requirements

An owner/operator shall comply with Sections 5.1 through 5.3 and sufficiently implement at least one of the control measures indicated in each section of Table 8081-1 to limit VDE to 20% opacity or to comply with the conditions for a stabilized surface as defined in Rule 8011. In addition to the requirements of this rule, a person shall comply with all other applicable requirements of Regulation VIII.

5.1 Requirements for Bulk Materials

No person shall undertake any outdoor handling, storage, and transport of bulk materials unless the appropriate requirements in Table 8081-1 of this rule are sufficiently implemented to limit VDE to 20% opacity or to comply with the conditions for a stabilized surface as defined in Rule 8011.

5.2 Requirements for Paved Roads and Unpaved Road Segments

5.2.1 Paved Road Segment

An owner/operator shall comply with the requirements of Rule 8061 (Paved and Unpaved Roads) regarding the construction standards for shoulder width and medians when constructing new paved roads or modifying existing paved roads.TABLE 8081-1 CONTROL MEASURES FOR BULK MATERIALS A. HANDLING OF BULK MATERIALS: A1 When handling bulk materials, apply water or suitable chemical/organic stabilizers/suppressants sufficient to limit VDE to 20% opacity or; A2 Construct and maintain wind barriers sufficient to limit VDE to 20% opacity and with less than 50% porosity. If utilizing fences or wind barriers, control measure A1 shall also be implemented. B. STORAGE OF BULK MATERIALS: B1 When storing bulk materials, comply with the conditions for a stabilized surface as defined in Rule 8011; or B2 Cover bulk materials stored outdoors with tarps, plastic, or other suitable material and anchor in such a manner that prevents the cover from being removed by wind action; or B3 Construct and maintain fences or wind barriers sufficient to limit VDE to 20% opacity and with less than 50% porosity. If utilizing fences or wind barriers, apply water or suitable chemical/organic stabilizers/suppressants sufficient to limit VDE to 20% opacity or; B4 Utilize a 3-sided structure with a height at least equal to the height of the storage pile and with less than 50% porosity. C. ON-SITE TRANSPORTING OF BULK MATERIALS: C1 Limit vehicular speed while traveling on the work site sufficient to limit VDE to 20% opacity; or C2 Load all haul trucks such that the freeboard is not less than six (6) inches when material is transported across any paved public access road; or C3 Apply water to the top of the load sufficient to limit VDE to 20% opacity; or C4 Cover haul trucks with a tarp or other suitable cover.D. OFF-SITE TRANSPORTING OF BULK MATERIALS: D1 Clean the interior of the cargo compartment or cover the cargo compartment before the empty truck leaves the site; and D2 Prevent spillage or loss of bulk material from holes or other openings in the cargo compartment’s floor, sides, and/or tailgate; and D3 Load all haul trucks such that the freeboard is not less than six (6) inches when material is transported on any paved public access road and apply water to the top of the load sufficient to limit VDE to 20% opacity; or cover haul trucks with a tarp or other suitable closure. E. OUTDOOR TRANSPORT OF BULK MATERIALS WITH A CHUTE OR CONVEYOR: E1 Fully enclose the chute or conveyor; or E2 Operate water spray equipment that sufficiently wets materials to limit VDE to 20% opacity; or E3 Wash separated or screened materials to remove conveyed materials having an aerodynamic diameter of 10 microns or less sufficient to limit VDE to 20% opacity.5.2.2 Unpaved Road Segments

5.2.2.1 On each day that 75 or more vehicle daily trips (VDT), or 25 or more VDT with 3 or more axles, will occur on an unpaved road segment, the owner/operator shall limit VDE to 20% opacity and comply with the requirements of a stabilized unpaved road by application and/or re-application/maintenance of at least one of the following control measures, or shall implement an approved Fugitive PM10 Management Plan as specified in section 7.0.

5.2.2.1.1 Watering; 5.2.2.1.2 Uniform layer of washed gravel; 5.2.2.1.3 Chemical/organic dust suppressants; 5.2.2.1.4 Vegetative materials; 5.2.2.1.5 Paving; 5.2.2.1.6 Roadmix; 5.2.2.1.7 Any other method(s) that can be demonstrated to the satisfaction of the APCO that effectively limits VDE to 20% opacity and meets the conditions of a stabilized unpaved road.

5.3 Requirements for Unpaved Vehicle/Equipment Parking and Traffic Areas

The control measures specified in Sections 5.3.1 through 5.3.5 shall be implemented on unpaved surface areas dedicated to any vehicle and equipment parking and traffic activity in order to limit VDE to 20% opacity and comply with the requirements of a stabilized unpaved road as specified in Rule 8011. If vehicle activity remains exclusively within an unpaved vehicle/equipment traffic area, section 5.3 may be implemented to limit VDE to 20% opacity.

5.3.1 Where 50 or more AADT will occur on an unpaved vehicle/equipment traffic area, the owner/operator shall limit VDE to 20% opacity and comply with the requirements of a stabilized unpaved road by the application and/or reapplication/maintenance of at least one of the following control measures, or shall implement an approved Fugitive PM10 Management Plan as specified in section 7.0:

5.3.1.1 Watering 5.3.1.2 Uniform layer of washed gravel; 5.3.1.3 Chemical/organic dust stabilizers/suppressants in accordance with the manufacturer’s specifications; 5.3.1.4 Roadmix; 5.3.1.5 Paving;5.3.1.6 Any other method(s) that can be demonstrated to the satisfaction of the APCO that effectively limits VDE to 20% opacity and meets the conditions of a stabilized unpaved road.

5.3.2 For unpaved vehicle/equipment traffic areas with 150 or more VDT, or 150 or more VDT that are utilized intermittently for a period of 30 days or less during the calendar year, the owner/operator shall implement the control options specified in 5.3.1.1 through 5.3.1.6.

5.3.3 On each day that 25 or more VDT with 3 or more axles will occur on an unpaved vehicle/equipment traffic area, the owner/operator shall limit VDE to 20% opacity and comply with the requirements of a stabilized unpaved road by the application and/or re-application/maintenance of at least one of the control measures specified section 5.3.1.1 through 5.3.1.6.

5.3.4 On each day that 75 or more VDT, or 26 or more VDT with 3 or more axles originates from within and remains exclusively within an unpaved vehicle/equipment traffic area, the owner/operator may apply/re-apply water to limit VDE to 20% opacity.

5.3.5 An owner/operator shall restrict access and periodically stabilize a disturbed surface area whenever a site becomes inactive at the end of the workday to comply with the conditions for a stabilized unpaved road as defined in Rule 8011.

5.4 Requirements for Carryout/Trackout

The District hereby incorporates by reference California Vehicle Code section 23112-23113. This section requires material, including dirt deposited on any public highway or street to be cleaned up as specified in California Vehicle Code 23112-23113.

6.0 Administrative Requirements

6.1 Test Methods

The applicable test methods specified in Rule 8011 shall be used to determine compliance with this rule.

6.2 Recordkeeping

An owner/operator shall comply with the recordkeeping requirements specified in Rule 8011.

7.0 Fugitive PM10 Management Plan for Unpaved Roads and Unpaved Vehicle/Equipment Traffic AreasAs a compliance alternative for sections 5.2.2, 5.3.1, and 5.3.2 of this rule, an operator may implement a Fugitive PM10 Management Plan (FPMP) that is designed to achieve 50% control efficiency and has been approved by the Fresno Regional office of the United States Department of Agriculture Natural Resource Conservation Service based on guidance and criteria established by the APCO. The FPMP shall be implemented on all days that traffic exceeds, or is expected to exceed, the number of annual average daily vehicle trips or vehicle trips per day as specified in sections 5.2.2, 5.3.1, and 5.3.2 of this rule. The owner/operator remains subject to all requirements of the applicable rules of Regulation VIII that are not addressed by the FPMP. It should be noted that the FPMP is not a compliance option for any requirement for a stabilized surface as defined in Rule 8011.

7.1 An owner/operator shall provide the proposed FPMP to the local office of the USDA Resource Conservation District (RCD) via fax, mail, or in person. The RCD shall submit the proposed FPMP to the Fresno Regional Office of the NRCS, who in turn shall evaluate and approve, disapprove, or conditionally approve each proposed FPMP based on guidance and criteria established by the APCO. An FPMP shall not be considered approved until the operator has received written approval from the NRCS. The NRCS and local RCDs shall make all approved FPMPs available to the APCO and the public.

7.2 An owner/operator may submit one FPMP covering multiple unpaved roads and unpaved vehicle/equipment traffic areas.

7.3 An owner/operator shall retain a copy of an approved FPMP at the operators place of business and make it available for inspection by the APCO or his designee during normal business hours. The approved FPMP shall remain valid until the APCO notifies the owner/operator or the NRCS that it needs to be revised, or until the owner/operator notifies the NRCS that the owner/operator has permanently discontinued implementing the FPMP. The NRCS shall notify the APCO as soon as possible in the event an operator notifies the NRCS the owner/operator has permanently discontinued implementing the FPMP.

7.4 Failure to comply with the provisions of an approved FPMP is deemed to be a violation of this rule.

7.5 A FPMP shall contain all of the following information:

7.5.1 Name(s), address(es), and phone number(s) of person(s) responsible for the preparation, submittal, and implementation of the FPMP, and of person(s) responsible for the unpaved road or traffic area.

7.5.2 A plot plan or map which shows the location of each unpaved road or traffic area to be covered by the FPMP, and the total length (miles) of unpaved roads, and the total area (acres) of the unpaved traffic areas.7.5.3 The months (and weeks, if known) of the year that vehicle traffic is expected to exceed 75 vehicle trips per day, and the types of vehicles (e.g., passenger vehicles, trucks, mobile equipment) expected on each road or traffic area. As stated above, the FPMP shall be implemented on all days that traffic exceeds, or is expected to exceed, the number of annual average daily vehicle trips or vehicle trips per day as specified in sections 5.2.2, 5.3.1, and 5.3.2 of this rule.

7.5.4 Dust suppressants, gravel, and/or vegetative materials to be applied, including: product specifications; manufacturer’s usage instructions (method, frequency, and intensity of application); type, number, and capacity of application equipment; and information on environmental impacts and approvals or certifications related to appropriate and safe use for ground application.

7.5.5 A description of the condition of the treated surfaces to be achieved as a result of the use of the suppressant or other dust control material.This page intentionally blank.