______________________________________________________________________________

Appendix 11: Comparison of SIP–Approved Rule 310 with January 27, 2010 Adopted 

Version of Rule 310

Page 386 of 720
REGULATION III -– CONTROL OF AIR CONTAMINANTS

RULE 310

FUGITIVE DUST FROM DUST-GENERATING OPERATIONS

INDEX

SECTION 100 -– GENERAL

101 PURPOSE

102 102 APPLICABILITY

103 103 EXEMPTIONS

SECTION 200 -– DEFINITIONS

201 AREA A

202 AREA ACCESSIBLE TO THE PUBLIC

202 BULK MATERIAL

203 BULK MATERIAL

204 BULK MATERIAL HANDLING, STORAGE, AND/OR TRANSPORTING

OPERATION

204 205 CONTROL MEASURE

205 206 DISTURBED SURFACE AREA

206 DUST CONTROL IMPLEMENT

207 DUST CONTROL PLANIMPLEMENT

208 DUST CONTROL PLAN

209 DUST-GENERATING OPERATION

209 210 DUST SUPPRESSANT

210 211 EARTHMOVING OPERATION

211 212 EMERGENCY

213 EMERGENCY ACTIVITY

214 END OF WORKDAY

215 FREEBOARD

212 216 FUGITIVE DUST

213 217 GRAVEL PAD

214 218 GRIZZLY

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215 219 HAUL TRUCK

216 220 MOTOR VEHICLE

217 221 NORMAL FARM CULTURAL PRACTICE

218 222 OFF-ROAD VEHICLE

219 223 OPEN AREAS AND VACANT LOTSSTORAGE PILE

220 224 OWNER AND/OR OPERATOR

221 225 PAVE

222 PUBLIC ROADWAYS

223 226 PROPERTY LINE

227 ROUTINE

224 228 SILT

225 229 TRACKOUT/CARRYOUT

226 230 TRACKOUT CONTROL DEVICE

227 231 UNPAVED HAUL/ACCESS ROAD

228 232 UNPAVED PARKING LOT

229 233 UNPAVED ROAD

230 URBAN OR SUBURBAN OPEN AREA

231 VACANT LOT

232 VACANT PARCEL

233234 WIND-BLOWN DUST

234 WIND EVENT

235 WORK SITE

SECTION 300 -– STANDARDS

301 OPACITY LIMITATIONGENERAL REQUIREMENTS FOR DUST -

GENERATING OPERATIONS

302 PERMIT REQUIREMENTS FOR DUST-GENERATING OPERATIONS

303 VISIBLE EMISSIONS REQUIREMENTS FOR DUST-GENERATING

OPERATIONS

304 STABILIZATION REQUIREMENTS FOR DUST -GENERATING 

OPERATIONS

303 DUST CONTROL PLAN REQUIRED

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304 ELEMENTS OF A DUST CONTROL PLAN

305 DUST CONTROL PLAN REVISIONS

306 CONTROL MEASURES FOR DUST-GENERATING OPERATIONS

306 TRACKOUT, CARRY-OUT, SPILLAGE, AND/OR EROSION

307 SOIL MOISTURE

308 PROJECT INFORMATION SIGN FOR DUST-GENERATING OPERATIONS

308 WORK PRACTICES

309 DUST CONTROL TRAINING CLASSES FOR DUST-GENERATING

OPERATIONS

310 DUST CONTROL COORDINATOR FOR DUST-GENERATING

OPERATIONS

SECTION 400 -– ADMINISTRATIVE REQUIREMENTS

401 DUST CONTROL PERMIT REQUIREMENTS

402 DUST CONTROL PLAN REQUIREMENTS

403 DUST CONTROL PLAN REVISIONS

404 DUST CONTROL BLOCK PERMIT REQUIREMENTS

405 APPROVAL OR DENIAL OF PERMIT APPLICATIONS FOR DUSTGENERATING OPERATIONS

406 TERMS FOR PERMITS FOR DUST-GENERATING OPERATIONS

407 DEFACING, ALTERING, FORGING, COUNTERFEITING, OR FALSIFYING 

PERMITS FOR DUST-GENERATING OPERATIONS

408 FEES FOR PERMITS FOR DUST-GENERATING OPERATIONS

409 POSTING OF PERMITS FOR DUST-GENERATING OPERATIONS

402 410 COMPLIANCE SCHEDULE

SECTION 500 -– MONITORING AND RECORDS

501 COMPLIANCE DETERMINATION

502 RECORDKEEPING

503 RECORDS RETENTION

504 TEST METHODS ADOPTED BY REFERENCE

TABLE 1

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TABLE 2

TABLE 3

TABLE 4

TABLE 5

TABLE 6

TABLE 7

TABLE 8

TABLE 9

TABLE 10

TABLE 11

TABLE 12

TABLE 13

TABLE 14

TABLE 15

TABLE 16

TABLE 17

TABLE 18

TABLE 19

TABLE 20

TABLE 21

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BLANK PAGE

Page 391 of 720
Revised 07/13/88

Revised 07/06/93

Revised 09/20/94

Revised 06/16/99

Revised 02/16/00

Revised 04/07/04 

Revised 03/26/08

Revised 01/27/10

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION III -– CONTROL OF AIR CONTAMINANTS

RULE 310

FUGITIVE DUST FROM DUST-GENERATING OPERATIONS

SECTION 100 -– GENERAL

101 PURPOSE: To limit particulate matter (PM10) emissions into the ambient air from any 

property, operation or activity that may serve as a fugitive dust source. The effect of this 

rule shall be to minimize the amount of PM10 entrained into the ambient air as a result of 

the impact of human activities by requiring measures to prevent, reduce, or mitigate 

particulate matter emissions.

102 APPLICABILITY: The provisions of this rule shall apply to all dust -generating 

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

103 EXEMPTIONS: 

103.1 The following are exempt from the requirements provisions of this rule: 

shall not apply to normal farm cultural practices under according to Arizona 

Revised Statutes (A.R.S.) § 49-457 and §A.R.S. § 49-504.4, and open areas, 

vacant lots, unpaved parking lots, and unpaved roadways .

103.2 The provisions of this rule shall not apply to the following non-traditional sources 

of fugitive dust that are not located at sources that do not require any permit 

under these rules. These non-traditional sources of fugitive dust are subject to the 

standards and/or requirements described in Rule 310.01: Fugitive Dust from NonTraditional Sources of Fugitive Dust of these rules:

a. Vehicle use in open areas and vacant lots.

b. Open areas and vacant lots.

c. Unpaved parking lots.

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d. Unpaved roadways (including alleys).

e. Livestock activities.

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

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

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

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.

103.5 The provisions of this rule shall not apply to rooftop operations for cutting, 

drilling, grinding, or coring roofing tile when such activity is occurring on a 

pitched roof.

SECTION 200 -– DEFINITIONS: For the purpose of this rule, the following definitions shall 

apply. See, in addition to those definitions found in Rule 100 (: General Provisions Andand

Definitions) of these rules for. In the event of any inconsistency between any of the Maricopa 

County air pollution control rules, the definitions of terms that are used but not specificallyin this 

rule take precedence.

201 AREA A – As defined in this rule.A.R.S. § 49-541(1), the area in Maricopa County 

delineated as follows:

201Township 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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202 AREA ACCESSIBLE TO THE PUBLIC – Any retailpaved parking lot or public 

paved roadway that is open tocan be entered or used for public travel primarily for 

purposes unrelated to the dust -generating operation.

202203BULK 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:

203.1 Earth.

203.2 Rock.

203.3 Silt.

203.4 Sediment.

203.5 Sand.

203.6 Gravel.

203.7 Soil.

203.8 Fill.

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

([ABC)), earth, soil, dirt, mud, demolition]).

203.10 Dirt.

203.11 Mud.

203.12 Demolition debris, cotton, trash, cinders, pumice, rock, saw dust, feeds, 

grains, fertilizers, fluff (.

203.13 Cotton.

203.14 Trash.

203.15 Cinders.

203.16 Pumice.

203.17 Sawdust.

203.18 Feeds.

203.19 Grains.

203.20 Fertilizers.

203.21 Fluff from shredders), and dry.

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

203204BULK MATERIAL HANDLING, STORAGE, AND/OR TRANSPORTING 

OPERATION -– The use of equipment, haul trucks, and/or motor vehicles, including, 

but not limited to, for the loading, unloading, conveying, transporting, piling, 

stacking, screening, grading, or moving of bulk materials,following activities that 

are capable of producing fugitive dust.:

204.1 Loading.

204.2 Unloading.

204.3 Conveying.

204.4 Transporting.

204.5 Piling.

204.6 Stacking.

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204.7 Screening.

204.8 Grading.

204.9 Moving bulk materials.

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

minimize the generation, emission, entrainment, suspension, and/or airborne transport of 

fugitive dust. Control measures include, but are not limited to:

204

205.1 Curbing;

204205.2 Paving;

204205.3 Pre-wettingwatering;

204205.4 Applying dust suppressants;

204205.5 Physically stabilizing with vegetation, gravel, recrushed/recycled asphalt or 

other forms of physical stabilization;

204205.6 Limiting, restricting, phasing and/or rerouting motor vehicle access;

204205.7 Reducing vehicle speeds and/or number of vehicle trips;

204205.8 Limiting use of off-road vehicles on open areas and vacant lots;

204205.9 Utilizing work practices and/or structural provisions to prevent wind and 

water erosion onto paved areas accessible to the public;

204205.10 Appropriately using dust control implements;

204205.11 Installing one or more grizzlies, gravel pads, and/or wash down pads adjacent 

to the entrance of a pavedan area accessible to the public to control carry-out 

and trackout;

204205.12 Keeping open-bodied haul trucks in good repair, so that spillage may not 

occur from beds, sidewalls, and tailgates; and

204205.13 Covering the cargo beds of haul trucks to minimize wind-blown dust 

emissions and spillage.

205206DISTURBED SURFACE AREA – A portion of the earth's surface (or material 

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

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 301 and 

Section 302 of this rulemovement, destabilization, or modification.

206207DUST CONTROL IMPLEMENT – A tool, machine, equipment, accessory, 

structure, enclosure, cover, material or supply, including an adequate readily available 

supply of water and its associated distribution/delivery system, used to control fugitive 

dust emissions.

207208DUST CONTROL PLAN -– A written plan describing all fugitive dust control 

measures to be implemented and maintained in order to prevent or minimize the 

generation, emission, entrainment, suspension, and/or airborne transport of fugitive dust.

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208209DUST -GENERATING OPERATION -– Any activity capable of generating fugitive 

dust, including, but not limited to, land the following activities:

209.1 Land clearing, earthmoving, weedmaintenance, and land clean-up using 

mechanized equipment.

209.2 Earthmoving.

209.3 Weed abatement by discing or blading, excavating, construction, 

demolition,.

209.4 Excavating.

209.5 Construction.

209.6 Demolition.

209.7 Bulk material handling (e.g., bulk material handling, storage hauling and/or 

transporting, bulk material stacking, loading, and unloading operations, vehicle 

use and movement, the operation).

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

209.9 Operation of any outdoor equipment, or unpaved parking lots. For the 

purpose of this rule, landscape maintenance and playing on or 

maintaining a field used for non-.

209.10 Operation of motorized sports shall not be consideredmachinery.

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

access routes to and from a site.

209.12 Establishing and/or using unpaved haul/access roads to, from, and within a dust 

generating operation. However, landscape maintenance shall not 

include grading, trenching, or any other mechanized site.

209.13 Disturbed surface disturbing activities performed to establishareas 

associated with a site.

209.14 Installing initial landscapes or to redesign existing landscapesusing 

mechanized equipment.

209210DUST 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 U.S. Environmental 

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.

210211EARTHMOVING OPERATION – The use of any equipment for an activity 

which that may generate fugitive dust, such as but not limited to, cuttingthe following 

activities:

211.1 Cutting and filling, grading, leveling, excavating, trenching, loading.

211.2 Grading.

211.3 Leveling.

211.4 Excavating.

211.5 Trenching.

211.6 Loading or unloading of bulk materials, demolishing, blasting, drilling, 

adding .

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211.7 Demolishing.

211.8 Blasting.

211.9 Drilling.

211.10 Adding bulk materials to or removing bulk materials from open storage piles, 

back.

211.11 Back filling, soil.

211.12 Soil mulching, landfill.

211.13 Landfill operations, or weed.

211.14 Weed abatement by discing or blading.

211212 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.

213 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.

214 END OF WORKDAY – The end of a working period that may include one or more 

work shifts. If working 24 hours a day, the end of a working period shall be considered 

no later than 8 pm.

215 FREEBOARD – The vertical distance between the top edge of a cargo container area 

and the highest point at which the bulk material contacts the sides, front, and back of a 

cargo container area.

212216FUGITIVE 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, the 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.

213217GRAVEL 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 a pavedan

area accessible to the public and a work site entranceexit to dislodge mud, dirt, and/or 

debris from the tires of motor vehicles and/or haul trucks, prior to leaving the work site.

Minimum dimensions must be 30 feet wide by 3 inches deep and 50 feet long, or the 

length of the longest haul truck, whichever is greater. If an unpaved surface exit does not 

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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 must be 

adequate to prevent trackout.

214218GRIZZLY – A device (i.e., rails, pipes, or grates) used to dislodge mud, dirt, 

and/or debris from the tires and undercarriage of motor vehicles and/or haul trucks prior 

to leaving the work site.

215219HAUL TRUCK -– Any fully or partially open-bodied self-propelled vehicle including 

any non-motorized attachments, such as, but not limited to, trailers or other conveyances 

that are connected to or propelled by the actual motorized portion of the vehicle used for 

transporting bulk materials.

216220MOTOR 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.

217221NORMAL 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.

218222OFF-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.

219 OPEN AREAS AND VACANT LOTS - Any of the following described in Section 

219.1 through Section 219.4 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 open area or 

vacant lot.

219.1 An unsubdivided or undeveloped tract of land adjoining a developed or 

partially developed residential, industrial, institutional, governmental, or 

commercial area.

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

commercial lot that contains no approved or permitted buildings or 

structures of a temporary or permanent nature.

219.3 A partially developed residential, industrial, institutional, governmental, 

or commercial lot.

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219.4 A tract of land, in the nonattainment area, adjoining agricultural 

property.

220223 OPEN STORAGE PILE – Any accumulation of bulk material with a 5% 

or greater silt content that has a total surface area of 150 square feet or more and that at 

any one point attains a height of three feet. Silt content shall be assumed to be 5% or 

greater unless a person can show, by testing in accordance with ASTM Method C136-06 

or other equivalent method approved in writing by the Control Officer and the 

Administrator, that the silt content is less than 5%.

224 OWNER AND/OR OPERATOR – The person including, but not limited to, the 

property owner, lessee, developer, responsible for obtaining an earthmovingofficial, 

Dust Control permit under Rule 200, Section 305applicant (who may also be the 

responsible party contracting to do the work), general contractor, prime contractor, 

supervisor, management company, or any person who owns, leases, operates, controls, or 

supervises a dust -generating operation subject to the requirements of this rule.

221225 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).

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

223226 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.

227 ROUTINE – Any dust -generating operation which occurs more than 4 times per year or 

lasts 30 cumulative days or more per year.

224228SILT – Any aggregate material with a particle size less than 75 micrometers in 

diameter, which passes through a No. 200 Sievesieve.

225229TRACKOUT/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 a pavedan area accessible to the public.

226230TRACKOUT CONTROL DEVICE -– A gravel pad, grizzly, wheel wash system, or a 

paved area, located at the point of intersection of an unpaved area and a pavedan area 

accessible to the public that controls or prevents vehicular trackout.

227231UNPAVED HAUL/ACCESS ROAD – Any on-site unpaved road used by 

commercial, industrial, institutional, and/or governmental traffic.

 

228

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232 UNPAVED PARKING LOT – Any area larger than 5,000 square feet that is not 

paved and that is designated for parking in the Dust Control Plan or 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.

229233UNPAVED ROAD – Any road or equipment path that is not paved. For the purpose of 

this rule, an unpaved road is not a horse trail, hiking path, bicycle path, or other similar 

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

230 URBAN OR SUBURBAN OPEN AREA – The definition of urban or suburban open

area is included in Section 219 (Definition Of Open Areas And Vacant Lots) of this 

rule.

231 VACANT LOT – The definition of vacant lot is included in Section 219 (Definition 

Of Open Areas And Vacant Lots) of this rule.

232 VACANT PARCEL – The definition of vacant parcel is included in Section 219 

(Definition Of Open Areas And Vacant Lots) of this rule.

233234WIND-BLOWN DUST -– Visible emissions, from any disturbed surface area, that are 

generated by wind action alone.

234 WIND EVENT – When the 60-minute average wind speed is greater than 25 

miles per hour.

235 WORK SITE – Any property upon which any dust -generating operations 

and/or earthmoving operations occur.

SECTION 300 – STANDARDS

OPACITY LIMITATION301 GENERAL REQUIREMENTS FOR DUST -GENERATING 

OPERATIONS: The 

301.1 Any person engaged in a dust-generating operation subject to this rule shall be 

subject to the standards and/or requirements of this rule before, after, and while 

conducting such dust-generating operation, including during weekends, after work 

hours, and on holidays.

301.2 For the purpose of this rule, any control measure that is implemented must achieve 

the applicable standard(s) described in this rule, as determined by the corresponding 

test method(s), as applicable, and must achieve other applicable standard(s) set forth 

in this rule.

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301.3 Control measures described in Section 305 of this rule. Regardless of whether a 

dust-generating operation is in compliance with an approved Dust Control Plan or 

there is no approved Dust Control Plan, the owner and/or operator of a dust -

generating operation shall be subject to all requirements of this rule at all times.

301.4 Failure to comply with the provisions of this rule, as applicable, and/or of an 

approved Dust Control Plan, shall constitute a violation.

302 PERMIT REQUIREMENTS FOR DUST-GENERATING OPERATIONS:

302.1 No person shall commence construction of, operate, or make a modification to 

any dust-generating operation when such dust-generating operations disturb a 

total surface area of 0.10 acre (4,356 square feet) or more without first obtaining a 

permit or permit revision from the Control Officer.

302.2 No person shall commence construction of, operate, or make a modification to 

any dust-generating operation that disturbs a total surface area of less than 0.10 

acre (4,356 square feet) under common control that are either contiguous or 

separated only by a public or private roadway and that cumulatively equal or 

exceed 0.10 acre in area without first obtaining a permit or permit revision from 

the Control Officer.

302.3 No person shall commence any routine dust-generating operation that disturbs a 

surface area of 0.10 acre or greater at a site that has obtained or must obtain a 

Title V, Non-Title V, or General permit under Regulation II (Permits and Fees) of 

these rules without first submitting to the Control Officer a Dust Control Plan.

302.4 The property owner, lessee, developer, responsible official, Dust Control permit 

applicant (who may also be the responsible party contracting to do the work), 

general contractor, prime contractor, supervisor, management company, or any 

person who owns, leases, operates, controls, or supervises a dust-generating

operation subject to the requirements of this rule shall be responsible for obtaining 

a permit or permit revision from the Control Officer.

302.5 All permit applications shall be filed in the manner and form prescribed by the 

Control Officer, which includes, but is not limited to, the requirements of Section 

400 of this rule. The application shall contain all the information necessary to 

enable the Control Officer to make the determination to grant or to deny a permit 

or permit revision, which shall contain such terms and conditions as the Control 

Officer deems necessary to assure a source's compliance with the requirements of 

this rule.

302.6 The issuance of any permit or permit revision shall not relieve any person subject 

to the requirements of this rule from compliance with any Federal laws, Arizona 

laws, or these rules.

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302.7 Any other law, regulation or permit shall not relieve any person from obtaining a 

permit or permit revision required under this rule.

303 VISIBLE EMISSIONS REQUIREMENTS FOR DUST-GENERATING

OPERATIONS:

301 303.1 Dust-Generating Operation Visible Emissions Requirement: The 

owner and/or operator of a dust-generating operation shall not allow visible 

fugitive dust emissions to exceed 20% opacity as tested by methods 

described in Appendix C of these rules. the limits listed in either one of the 

following:

301.1 Wind Event: Exceedances of the opacity limit that occur due to a wind 

event shall constitute a violation of the opacity limit. However, it shall be 

an affirmative defense in an enforcement action if the owner and/or 

operator demonstrates all of the following conditions:

All control measures required were followed and 1 or more of the a. The owner 

and/or operator of a dust-generating operation shall not cause or allow visible 

fugitive dust emissions to exceed 20% opacity.

b. The owner and/or operator of a dust-generating operation shall not cause or 

allow visible emissions of particulate matter, including fugitive dust, beyond 

the property line within which the emissions are generated. Visible emissions 

shall be determined by a standard of no visible emissions exceeding 30 

seconds in duration in any six-minute period as determined by using EPA 

Reference Method 22.

303.2 Exemptions from Dust-Generating Operation Visible Emissions

Requirement:

a. If wind conditions cause fugitive dust emissions to exceed the visible 

emissions requirements in Section 303.1(a) of this rule, despite implementation of the Dust Control Plan, an owner and/or operator shall:

a. (1) Ensure tha t a ll control m easures in Tables 20 & 21 was

applied and maintained;

b. The 20% opacity exceedance could not have beenand requirements of the 

Dust Control Plan are implemented and the subject violations cannot be

prevented by better application, implementation, operation, or maintenance 

of controlthese measures; and requirements.

c. The owner(2) Cease dust-generating operations and/or operator compiled 

and retained records, in accordance stabilize any disturbed surface area 

consistent with Section 502 (Recordkeeping)304.3 of this rule;.

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(3) Compile records consistent with Sections 502 and 503 of this rule and

document control measure and other Dust Control Plan requirement 

implementation.

d. The occurrence of a wind event on the day(s) in question is 

documented by records. The occurrence of a wind event must be 

determined by the nearest Maricopa County Environmental Services 

Department Air Quality Division monitoring station, from any other 

certified meteorological station, or by a wind instrument that is 

calibrated according to manufacturer’s standards and that is located 

at the site being checked.

301.2 b. Emergency Maintenance Ofof Flood Control Channels 

and Water Retention Basins: No opacity limitation shallThe visible emissions 

limits described in Section 303.1 of this rule shall not apply to emergency 

maintenance of flood control channels and water retention basins, provided 

that control measures are implemented.

301.3c. Vehicle Test And and Development Facilities And and

Operations: No opacity limitation shallThe visible emissions limit described in 

Section 303.1(a) of this rule shall not apply to vehicle test and development 

facilities and operations when dust is required to test and validate design 

integrity, product quality, and/or commercial acceptance, if such testing is not 

feasible within enclosed facilities. However, all areas used to test and validate 

design integrity, product quality, and/or commercial acceptance shall be 

stabilized after such testing, in compliance with Appendix C (Fugitive Dust 

Test Methods) of these rules. All areas not used to test and validate design 

integrity, product quality, and/or commercial acceptance shall be stabilized, in 

compliance with Appendix C (Fugitive Dust Test Methods) of these rules. In 

addition, vehicle test and development facilities may require a Dust Control 

permit in accordance with Section 302 of this rule.

d. Activities Near the Property Line: The opacity limit described in Section 

303.1(b) of this rule shall not apply to dust-generating operations conducted 

within 25 feet of the property line.

e. Ceasing Operations at a Solid Waste Management Facility: The requirement in Section 303.2(a)(2) of this rule to cease dust-generating operations if 

wind conditions cause fugitive dust emissions to exceed the visible emissions 

requirements in Section 303.1(a) of this rule shall not apply to daily compaction and covering of refuse if ceasing operations violates Arizona Department 

of Environmental Quality solid waste management rules or causes or threatens 

to cause a public health hazard or nuisance. However, the owner and/or 

operator must comply with all other provisions in Section 303.2(a) of this rule.

302 304 STABILIZATION REQUIREMENTS FOR DUST -GENERATING 

OPERATIONS:

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302.1 304.1 Unpaved Parking Lot: The owner and/or operator of any unpaved 

parking lot shall not allow visible fugitive dust emissions to exceed 20% opacity, 

and either: 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%.

a. Shall not allow silt loading equal to or greater than 0.33 oz/ft2 , or 

b. Shall not allow the silt content to exceed 8%.

302.2 304.2 Unpaved Haul/Access Road:

a. The owner and/or operator of any unpaved haul/access road (whether

including at a work site that is under construction or at a work site that is 

temporarily or permanently inactive) shall not allow visible fugitive dust 

emissions to exceed 20% opacity, and either: 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%.

(1) Shall not allow silt loading equal to or greater than 0.33 

oz/ft2; or

(2) Shall not allow the silt content to exceed 6%.

b. The owner and/or operator of any unpaved haul/access road (includingwhether

at a work site that is under construction or a work site that is temporarily or 

permanently inactive) shall, as an alternative to meeting the stabilization 

requirements for an unpaved haul/access road in Section 304.2(a) of this rule, 

limit vehicle trips to no more than 20 per day per road and limit vehicle 

speeds to no more than 15 miles per hour. If complying with this 

subsectionsection of this rule, the owner and/or operator must include, in a 

Dust Control Plan, the maximum number of vehicle trips on the unpaved 

haul/access roads each day (including number of employee vehicles, 

earthmoving equipment, haul trucks, and water trucks).) and a description of 

how vehicle speeds will be restricted to no more than 15 miles per hour.

302.3 Open Area And Vacant Lot Or 304.3 Disturbed Surface Area: The owner and/or 

operator of an open area and/or vacant lot or any disturbed surface area on 

which no activity is occurring (includingwhether at a work site that is under 

construction or a work site that is temporarily or permanently inactive) shall meet 

at least 1one of the standards described in Sections 302304.3(a) through 

302304.3(g) below, as applicable. Should such a disturbed open area and/or 

vacant lot or any disturbed surface area on which no activity is occurring 

contain more than one type of disturbance, stabilization characteristic, such as

soil, vegetation, or other characteristicscharacteristic, which are is visibly 

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distinguishable, then the owner and/or operator shall test each 

representativerepresentative surface separately for stability, in an area that 

represents a random portion of the overall disturbed conditions of the site, 

according to in accordance with the appropriate test methods described in 

Section 501.2(c) of this rule and in Appendix C (Fugitive Dust Test Methods) of 

these rules, and include or eliminate it from the total size assessment of 

disturbed surface area(s) depending upon test method results. . The 

owner and/or operator of such inactive disturbed surface area on which no 

activity is occurring shall be considered in violation of this rule if the area is not 

maintained in a manner that meets at least 1one of the standards listed below, as 

applicable. 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 this section of this rule.

a. a. Maintain a visiblesoil crust;

b. b. Maintain a threshold friction velocity (TFV) for disturbed surface areas 

corrected for non-erodible elements of 100 cm/second or higher; 

c. c. Maintain a 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%;

d. d. Maintain a standing vegetative cover (i.e., vegetation that is attached 

([rooted)] with a predominant vertical orientation) that is equal to or greater 

than 30%; 

e. e. Maintain a 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;

f. Maintain a percent cover that is equal to or greater than 10% for non-erodible 

elements; or

g. Comply with a standard of an alternative test method, upon obtaining the 

written approval from the Control Officer and the Administrator of the 

Environmental Protection Agency (EPA)..

302304.4 Vehicle Test Andand Development Facilities Andand

Operations: No stabilization requirementrequirement shall apply to vehicle test 

and development facilities and operations when dust is required to test and 

validate design integrity, product quality, and/or commercial acceptance, if such 

testing is not feasible within enclosed facilities. However, all areas used to test 

and validate design integrity, product quality, and/or commercial acceptance shall 

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be stabilized after such testing, in compliance with Appendix C (Fugitive Dust 

Test Methods) of these rules. All areas not used to test and validate design 

integrity, product quality, and/or commercial acceptance shall be stabilized, in 

compliance with Appendix C (Fugitive Dust Test Methods) of these rules. In 

addition, vehicle test and development facilities may require a Dust Control 

permit in accordance with Section 302 of this rule.

305 CONTROL MEASURES FOR DUST-GENERATING OPERATIONS: When 

engaged in a dust-generating operation, the owner and/or operator shall install, maintain, 

and use control measures, as applicable. Control measures for specific dust-generating 

operations are described in Sections 305.1 through 305.12 of this rule. The owner and/or 

operator of a dust-generating operation shall implement control measures before, after, 

and while conducting dust-generating operations, including during weekends, after work 

hours, and on holidays. At least one primary control measure and one contingency 

control measure must be identified in the Dust Control Plan for all dust-generating

sources.

305.1 Off-Site Hauling onto Areas Accessible to the Public: The owner and/or 

operator of a dust-generating operation that involves off-site hauling shall

implement the following control measures:

a. When cargo compartment is loaded:

(1) Load all haul trucks such that the freeboard is not less than three inches;

(2) Load all haul trucks such that at no time shall the highest point of the bulk 

material be higher than the sides, front, and back of a cargo container area;

(3) Prevent spillage or loss of bulk material from holes or other openings in 

the cargo compartment’s floor, sides, and/or tailgate(s); and

(4) Cover the cargo compartment with a tarp or other suitable closure.

b. When cargo compartment is empty:

(1) Clean the interior of the cargo compartment; or

(2) Cover the cargo compartment with a tarp or other suitable closure.

c. When off-site hauling, 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 haul trucks and/or motor vehicles that 

traverse the site.

305.2 Bulk Material Hauling/Transporting When On-Site Hauling/Transporting 

Within the Boundaries of the Work Site but not Crossing an Area Accessible 

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to the Public: The owner and/or operator of a dust-generating operation that 

involves bulk material hauling/transporting when on-site hauling/transporting 

within the boundaries of the work site but not crossing an area accessible to the 

public shall implement one of the following control measures:

a. Limit vehicle speed to 15 miles per hour or less while traveling on the work 

site;

b. Apply water to the top of the load; or

c. Cover haul trucks with a tarp or other suitable closure.

305.3 Bulk Material Hauling/Transporting When On-Site Hauling/Transporting 

Within the Boundaries of the Work Site and Crossing and/or Accessing an 

Area Accessible to the Public: The owner and/or operator of a dust-generating

operation that involves bulk material hauling/transporting when on-site hauling/

transporting within the boundaries of the work site and crossing and/or accessing

an area accessible to the public shall implement all of the following control 

measures:

a. Load all haul trucks such that the freeboard is not less than three inches;

b. Load all haul trucks such that at no time shall the highest point of the bulk 

material be higher than the sides, front, and back of a cargo container area;

c. Prevent spillage or loss of bulk material from holes or other openings in the 

cargo compartment’s floor, sides, and/or tailgate(s); and

d. When crossing and/or accessing an area accessible to the public, 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 haul trucks and/or motor vehicles that traverse the site.

305.4 Bulk Material Stacking, Loading, and Unloading Operations: The owner 

and/or operator of a dust-generating operation that involves bulk material 

stacking, loading, and unloading operations shall implement the following control 

measures:

a. Prior to stacking, loading, and unloading:

(1) Mix material with water; or

(2) Mix material with a dust suppressant other than water.

b. While stacking, loading, and unloading:

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(1) Apply water; or

(2) Apply a dust suppressant other than water.

305.5 Open Storage Piles: The owner and/or operator of a dust-generating operation 

that involves an open storage pile shall implement one of the following control 

measures, as applicable, when not conducting stacking, loading, and unloading 

operations:

a. Cover all open storage piles with a tarp, plastic, or other material to prevent 

wind from removing the covering(s) such that the covering(s) will not be 

dislodged by wind; or

b. Apply water to maintain a soil moisture content at a minimum of 12%, as 

determined by ASTM Method D2216-05 or other equivalent methods 

approved by the Control Officer and the Administrator. For areas that have an 

optimum moisture content for compaction of less than 12%, as determined by 

ASTM Method D1557-02e1 or other equivalent methods approved by the 

Control Officer and the Administrator, maintain at least 70% of the optimum 

soil moisture content; or

c. Maintain a visible crust; or

d. Implement the control measure described in Section 305.5(b) or in Section 

305.5(c) of this rule and construct and maintain wind barriers, storage silos, or 

a three-sided enclosure with walls, whose length is no less than equal to the 

length of the pile, whose distance from the pile is no more than twice the 

height of the pile, whose height is equal to the pile height, and whose porosity 

is no more than 50%.

305.6 Unpaved Staging Areas, Unpaved Parking Areas, and Unpaved Material 

Storage Areas: The owner and/or operator of a dust-generating operation that 

involves unpaved staging areas, unpaved parking areas, and unpaved material 

storage areas shall implement one or more of the following control measures:

a. Apply water so that the surface is visibly moist;

b. Pave;

c. Apply and maintain gravel, recycled asphalt, or other suitable material;

d. Apply and maintain a suitable dust suppressant other than water; or

e. Limit vehicle trips to no more than 20 per day per road and limit vehicle 

speeds to no more than 15 miles per hour. If complying with this section, the 

owner and/or operator shall provide to the Control Officer the maximum 

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number of vehicle trips on the staging areas, parking areas, and/or material 

storage areas each day (including number of employee vehicles, earthmoving 

equipment, haul trucks, and water trucks) and a description of how vehicle 

speeds will be restricted to no more than 15 miles per hour.

305.7 Unpaved Haul/Access Roads: The owner and/or operator of a dust-generating

operation that involves unpaved haul/access roads shall implement one or more of 

the following control measures:

a. Apply water so that the surface is visibly moist;

b. Pave;

c. Apply and maintain gravel, recycled asphalt, or other suitable material;

d. Apply and maintain a suitable dust suppressant other than water; or

e. Limit vehicle trips to no more than 20 per day per road and limit vehicle 

speeds to no more than 15 miles per hour. If complying with this section of 

this rule, the owner and/or operator shall provide to the Control Officer the 

maximum number of vehicle trips on the unpaved haul/access roads each day 

(including number of employee vehicles, earthmoving equipment, haul trucks, 

and water trucks) and a description of how vehicle speeds will be restricted to 

no more than 15 miles per hour.

305.8 Weed Abatement by Discing or Blading: The owner and/or operator of a dustgenerating operation that involves weed abatement by discing or blading shall

comply with all of the following control measures:

a. Before weed abatement by discing or blading occurs, apply water;

b. While weed abatement by discing or blading is occurring, apply water; and

c. After weed abatement by discing or blading occurs, pave, apply gravel, apply 

water, apply a suitable dust suppressant other than water, or establish 

vegetative ground cover.

305.9 Blasting Operations: The owner and/or operator of a dust-generating operation 

that involves blasting operations shall pre-water and maintain surface soils in a 

stabilized condition where support equipment and vehicles will operate.

305.10 Demolition Activities: The owner and/or operator of a dust-generating operation 

that involves demolition activities shall implement all of the following control 

measures:

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a. Apply water to demolition debris immediately following demolition activity; 

and

b. Apply water to all disturbed soils surfaces to establish a visible crust and to 

prevent wind erosion.

305.11 Disturbed Surface Areas: The owner and/or operator of a dust-generating

operation that involves disturbed surface areas shall implement the following 

control measures, as applicable:

a. Before disturbed surface areas are created, implement one of the following 

control measures:

(1) Pre-water site to depth of cuts, allowing time for penetration; or

(2) Phase work to reduce the amount of disturbed surface areas at any one 

time.

b. While disturbed surface areas are being created, implement one of the 

following control measures:

(1) Apply water or other suitable dust suppressant other than water to keep the 

soil visibly moist throughout the process;

(2) Apply water to maintain a soil moisture content at a minimum of 12%, as 

determined by ASTM Method D2216-05 or other equivalent method as 

approved by the Control Officer and the Administrator. For areas that have 

an optimum moisture content for compaction of less than 12%, as 

determined by ASTM Method D1557-02e1 or other equivalent method 

approved by the Control Officer and the Administrator, maintain at least 

70% of the optimum soil moisture content; or

(3) Implement control measure described in Section 305.11(b)(1) or Section 

305.11(b)(2) of this rule and construct fences or three-foot to five-foot 

high wind barriers with 50% or less porosity adjacent to roadways or 

urban areas to reduce the amount of wind-blown material leaving a site.

c. When the dust-generating operation is finished for a period of 30 days or 

longer: For longer than temporary pauses that occur during a dust-generating

operation, the owner and/or operator shall implement one or more of the 

following control measures within ten days following the completion of such 

dust-generating operation:

(1) Pave, apply gravel, or apply a suitable dust suppressant other than water;

(2) Establish vegetative ground cover;

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(3) Implement control measures described in Section 305.11(c)(1) or Section 

305.11(c)(2) of this rule and restrict vehicle access to the area;

(4) Apply water and prevent access by fences, ditches, vegetation, berms, or 

other suitable barrier or means sufficient to prevent trespass as approved 

by the Control Officer; or

(5) Restore area such that the vegetative ground cover and soil characteristics 

are similar to adjacent or nearby undisturbed native conditions.

305.12 Easements, Rights-of-Way, and Access Roads for Utilities (Transmission of

Electricity, Natural Gas, Oil, Water, and Gas) Associated With Sources That 

Have a Non-Title V Permit, a Title V Permit, and/or a General Permit Under 

These Rules: The owner and/or operator of a dust-generating operation that 

involves an easement, right-of-way, and access road for utilities (transmission of 

electricity, natural gas, oil, water, and gas) associated with sources that have a 

Title V permit, a Non-Title V permit, and/or a General permit under these rules 

shall implement at least one of the following control measures:

a. Inside Area A, limit vehicle speed to 15 miles per hour or less and vehicle 

trips to no more than 20 per day per road;

b. Outside Area A, limit vehicle trips to no more than 20 per day per road; or

c. Implement control measures described in Section 305.7 of this rule.

306 TRACKOUT, CARRY-OUT, SPILLAGE, AND/OR EROSION: The owner and/or 

operator of a dust-generating operation shall prevent and control trackout, carry-out, 

spillage, and/or erosion.

306.1 Trackout Control Device:

a. Criterion for Trackout Control Device: Install, maintain and use a suitable 

trackout control device that prevents and controls trackout and/or removes 

particulate matter from tires and the exterior surfaces of haul trucks and/or 

motor vehicles that traverse the site at all exits onto areas accessible to the 

public from both of the following:

(1) All work sites with a disturbed surface area of two acres or larger, and

(2) All work sites where 100 cubic yards of bulk materials are hauled on-site 

and/or off-site per day.

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b. Control Measures: For those work sites identified in Section 306.1(a) of this 

rule, prevent trackout, carry-out, spillage, and/or erosion by implementing one 

of the following control measures:

(1) At all exits onto areas accessible to the public, install a wheel wash 

system;

(2) At all exits onto areas accessible to the public, install a gravel pad to 

comply with Section 217 of this rule;

(3) At all exits onto areas accessible to the public, install a grizzly or rumble 

grate that consists of raised dividers (rails, pipes, or grates) a minimum of 

three inches tall, six inches apart, and 20 feet long, to allow a vibration to 

be produced such that dust is shaken off the wheels of a vehicle as the 

entire circumference of each wheel of the vehicle passes over the grizzly 

or rumble grate; or

(4) Pave starting from the point of intersection with an area accessible to the 

public and extending for a centerline distance of at least 100 feet and a 

width of at least 20 feet.

306.2 Clean Up of Trackout:

a. Criterion for Clean Up of Trackout: Clean up, trackout, carry-out, spillage, 

and/or erosion from areas accessible to the public including curbs, gutters, and 

sidewalks, on the following time-schedule:

(1) Immediately, when trackout, carry-out, or spillage extends a cumulative 

distance of 25 linear feet or more; and

(2) At the end of the workday, for all other trackout, carry-out, spillage, 

and/or erosion.

b. Control Measures:

(1) Operate a street sweeper or wet broom with sufficient water, or including 

but not limited to kick broom, steel bristle broom, Teflon broom, vacuum, 

at the speed recommended by the manufacturer and at the frequency(ies) 

described in this section of this rule; or

(2) Manually sweep up deposits to comply with this section of this rule.

307 SOIL MOISTURE: If water is the chosen control measure in an approved Dust Control 

Plan, the owner and/or operator of a dust-generating operation shall operate a water 

application system on-site (e.g., water truck, water hose) while conducting any earthmoving operations on disturbed surface areas 1 acre or larger, unless a visible crust is 

Page 412 of 720
maintained or the soil is sufficiently damp to prevent loose grains of soil from becoming 

dislodged.

308 PROJECT INFORMATION SIGN FOR DUST-GENERATING OPERATIONS: 

For all sites with a Dust Control permit that are five acres or larger, except for routine 

maintenance and repair done under a Dust Control Block permit, the owner and/or 

operator shall erect and maintain a project information sign at the main entrance such that 

members of the public can easily view and read the sign at all times. Such sign shall have 

a white background, have black block lettering that is at least four inches high, and shall 

contain at least all of the following information:

303 DUST CONTROL PLAN REQUIRED:

The owner and/or operator of a dust 308.1 Project name and permittee’s name;

308.2 Current Dust Control permit number;

308.3 Name and local phone number of person(s) responsible for dust control matters;

308.4 Text stating: “Dust complaints? Call Maricopa County Air Quality Department –

(Insert the accurate Maricopa County Air Quality Department complaint line 

telephone number).”

309 DUST CONTROL TRAINING CLASSES FOR DUST-GENERATING

OPERATIONS:

309.1 Basic Dust Control Training Class:

a. At least once every three years, the persons specified in Section 309.1(b) or 

Section 309.1(c) of this rule shall successfully complete a Basic Dust Control 

Training Class conducted or approved by the Control Officer.

b. The following persons present at a site that is subject to a permit issued by the 

Control Officer requiring control of PM10 emissions from dust-generating 

operations shall complete a Basic Dust Control Training Class as specified in 

Section 309.1(a) of this rule:

(1) Water truck drivers.

(2) Water-pull drivers.

(3) The site superintendent or other designated on-site representative of the 

permit holder, if present at a site that has more than one acre of disturbed 

surface area.

c. A Dust Control Block Permit permittee/holder shall have, at a minimum, one 

individual trained in accordance with the Basic Dust Control Training Class as 

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specified in Section 309.1(a) of this rule, if present at a site that has more than 

one acre of disturbed surface area.

d. All persons having successfully completed training during the 2006 and 2007 

calendar years shall be deemed to have satisfied the requirement to successfully complete the Basic Dust Control Training Class, if the training that was 

completed was conducted or approved by the Control Officer. Completion of 

the Comprehensive Dust Control Training Class, as required in Section 309.2 

of this rule, shall satisfy the requirement of this section of this rule.

e. The Control Officer may suspend or revoke for cause including, but not 

limited to, inappropriate ethical activities or conduct associated with the dust 

control program or repeated failure to follow the training requirements, a 

certification issued to a person having successfully completed a Basic Dust 

Control Training Class conducted or approved by the Control Officer. The 

Control Officer will provide written notification to such person regarding such 

suspension or revocation.

309.2 Comprehensive Dust Control Training Class:

a. At least once every three years, the Dust Control Coordinator, who meets the 

requirements of Section 310 of this rule, shall successfully complete the 

Comprehensive Dust Control Training Class conducted or approved by the 

Control Officer.

b. All persons having successfully completed training during the 2006 and 2007 

calendar years shall be deemed to have satisfied the requirement to successfully complete the Comprehensive Dust Control Training Class, if the training 

that was completed was conducted or approved by the Control Officer.

c. The Control Officer may suspend or revoke for cause including, but not 

limited to, inappropriate ethical activities or conduct associated with the dust 

control program or repeated failure to follow the training requirements, a 

certification issued to a person having successfully completed a Comprehensive Dust Control Training Class conducted or approved by the Control 

Officer. The Control Officer will provide written notification to such person 

regarding such suspension or revocation.

310 DUST CONTROL COORDINATOR FOR DUST-GENERATING OPERATIONS:

310.1 The permittee for any site of five acres or more of disturbed surface area subject 

to a permit issued by the Control Officer requiring control of PM10 emissions 

from dust-generating operations shall have on-site at least one Dust Control 

Coordinator trained in accordance with Section 309.2 of this rule at all times 

during primary dust-generating operations related to the purposes for which the 

Dust Control permit was obtained.

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310.2 The Dust Control Coordinator shall have full authority to ensure that dust control 

measures are implemented on-site, including conducting inspections, deployment 

of dust suppression resources, and modifications or shut-down of activities as 

needed to control dust.

310.3 The Dust Control Coordinator shall be responsible for managing dust prevention 

and dust control on the site.

310.4 At least once every three years, the Dust Control Coordinator shall successfully 

complete a Comprehensive Dust Control Training Class conducted or approved 

by the Control Officer.

310.5 The Dust Control Coordinator shall have a valid dust training certification 

identification card readily accessible on-site while acting as a Dust Control 

Coordinator.

310.6 The requirement for a Dust Control Coordinator shall lapse when all of the 

following actions/events/procedures occur:

a. The area of disturbed surface area becomes less than five acres;

b. The previously disturbed surface areas have been stabilized in accordance 

with/in compliance with the standards and/or requirements of this rule; and

c. The Dust Control permit holder provides notice to the Control Officer of 

acreage stabilization.

310.7 The Dust Control Block Permit permittee/holder shall have on sites that have 

more than one acre of disturbed surface area at least one individual, who has been 

trained in accordance with the requirements of Section 309.1(c) of this rule. One 

such individual shall be designated by the Dust Control Block Permit permittee/

holder as the Dust Control Coordinator. The Dust Control Coordinator shall be 

present on-site at all times during primary dust-generating activities that are 

related to the purposes for which the permit was obtained.

SECTION 400 – ADMINISTRATIVE REQUIREMENTS

401 DUST CONTROL PERMIT REQUIREMENTS:

401.1 To apply for a Dust Control permit, an applicant shall complete a permit 

application in the manner and form prescribed by the Control Officer. At a 

minimum, such application shall contain the following information:

a. Applicant information;

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b. Project information, which shall include a project site drawing and, if the site 

is one acre or larger, soil designations; and

c. Dust Control Plan, which shall meet the specifications described in Section 

402 of this rule.

401.2 A Dust Control permit shall be granted subject to, but not limited to, the following 

conditions:

a. The permittee shall be responsible for ensuring that all persons abide by the 

conditions of the Dust Control permit and these regulations;

b. The permittee shall be responsible for supplying complete copies of the Dust 

Control permit including the Dust Control Plan, to all project contractors and 

subcontractors;

c. The permittee shall be responsible for all permit conditions, until a Permit 

Cancellation Request form has been submitted by the owner and/or operator 

and approved by the Control Officer;

d. The permittee shall be responsible for providing Dust Control Coordinator’s/

Coordinators’ name(s) and dust control training certification information/

number(s) to the Control Officer and for keeping such information updated.

401.3 The signature of the permittee on the Dust Control permit application shall 

constitute agreement to accept responsibility for meeting the conditions of the 

Dust Control permit and for ensuring that control measures are implemented 

throughout the project site and during the duration of the project.

402 DUST CONTROL PLAN REQUIREMENTS:

303.1 402.1 The owner and/or operator of a dust-generating operation shall submit to 

the Control Officer a Dust Control Plan with any permit applications that involve 

earthmovingdust-generating operations with a disturbed surface area that equals 

or exceeds 0.10 acre, (4,356 square feet) including both of the following 

situations: 

a. When submitting an application for an earthmoving a Dust Control permit 

involving earthmoving dust-generating operations that would equal or exceed 

0.10 acre, (4,356 square feet), and

b. Before commencing any routine dust -generating operation 

at a site that has obtained or must obtain a Title V, Non-Title V, or 

generalGeneral permit under Regulation II (Permits Andand Fees) of these 

rules.

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Compliance with this section does not affect an 402.2 The owner and/or operator’s 

responsibility to comply with the other standards of this rule. The operator 

of a dust-generating operation shall submit to the Control Officer a Dust Control 

Plan with any application for a Dust Control permit. Applicants shall describe, in 

a Dust Control Plan, all control measures to be implemented before, after, and 

while conducting any dust -generating operation, including during weekends, 

after work hours, and on holidays.

303.2 402.3 A Dust Control Plan shall, at a minimum, contain all of the

following information:

a. Name(s), address(es), and phone numbers of person(s) responsible for the 

submittal and implementation of the Dust Control Plan and responsible for the 

dust-generating operation.

b. A drawing, on 81⁄2” x 11” paper, that shows:

(1) Entire project site/facility boundaries, including boundaries of areas to be 

disturbed if less than entire project site/facility boundaries,

(2) Acres to be disturbed with linear dimensions or certification by a licensed 

engineer or surveyor showing the total square footage to be disturbed,

(3) Nearest public roads,

(4) North arrow,

(5) Planned exit locations onto areas accessible to the public, and

(6) Unpaved parking lot(s).

c. Appropriate control measures, or a combination thereof, as described in 

Sections 305 and 306 of this rule, for every actual and potential dustgenerating operation.

(1) Control measures must be implemented before, after, and while 

conducting any dust-generating operation, including during weekends, 

after work hours, and on holidays.

(2) All required control measures and at least one contingency control 

measure must be identified for all dust-generating operations.

(3) A control measure that is not listed in Section 304305 or in Section 306 of 

this rule may be chosen provided that such control measure is 

implemented to comply with the requirements of this rule.

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(4) If complying with Section 305.7(e) of this rule, the Dust Control Plan 

must include the maximum number of vehicle trips on the unpaved 

haul/access roads each day (including number of employee vehicles, 

earthmoving equipment, haul trucks, and water trucks).

d. Dust suppressants to be applied, including all of the following product 

specifications or label instructions for approved usage:

(1) Method, frequency, and intensity of application;

(2) Type, number, and capacity of application equipment; and

(3) Information on environmental impacts and approvals or certifications 

related to appropriate and safe use for ground application.

e. Specific surface treatment(s) and/or control measures utilized to control 

material trackout and sedimentation where unpaved roads and/or access points 

join areas accessible to the public.

402.4 The Control Officer shall approve, disapprove, or conditionally approve the Dust 

Control Plan, in accordance with the criteria used to approve, disapprove or 

conditionally approve a permit. Failure to comply with the provisions of an 

approved Dust Control Plan is deemed to be a violation of this rule. 

Regardless of whether an approved Dust Control Plan is in place or not, 

the owner and/or operator of a dust generating operation is still subject 

to all requirements of this rule at all times. In addition, the owner and/or 

operator of a source with an approved Dust Control Plan is still subject to 

all of the requirements of this rule, even if such owner and/or operator is 

complying with the approved Dust Control Plan., as described in Rule 200: 

Permit Requirements of these rules. 

303.3 At least one primary control measure and one contingency 

control measure must be identified in the Dust Control Plan for all 

fugitive dust sources. 402.5 For construction projects one acre or larger, 

except for routine maintenance and repair done under a Dust Control Block 

Permit, a statement disclosing which of the four designated texture(s) of soil 

described in Appendix F of these rules is naturally present at or will be imported 

to the dust-generating operation. The measured soil content at a particular site 

shall take precedence over any mapped soil types, and whenever soils have been 

tested at a particular site, the test results should be relied on rather than the map in 

Appendix F of these rules.

402.6 Should any primary control measure(s) prove ineffective, the owner and/or 

operator shall immediately implement the contingency control measure(s). If the 

identified contingency control measure is effective to comply with all of the 

requirements of this rule, the owner and/or operator need not revise the Dust 

Control Plan under Section 305 of this rule.

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303.4 A Dust Control Plan shall not be required for any of the following 

activities:

a. To play on or maintain a field used for non-motorized sports;

b. For landscape maintenance, which, for the purpose of this rule, does 

not include grading, trenching, nor or any other mechanized surface 

disturbing activities; and

c. To establish initial landscapes or to redesign existing landscapes of 

legally-designated public parks and recreational areas, including 

national parks, national monuments, national forests, state parks, 

city parks, county regional parks, ballfields, camp sites, and 

playgrounds at camp sites; hiking paths, horse trails, and bicycle 

paths that are used exclusively for purposes other than travel by 

motor vehicles; (for the purpose of this rule, establishing initial 

landscapes or redesigning existing landscapes does not include 

grading, trenching, or any other mechanized surface disturbing 

activities).

304 ELEMENTS OF A DUST CONTROL PLAN: A Dust Control Plan shall contain, at a 

minimum, all of the following information:

304.1 Name(s), address(es), and phone numbers of person(s) responsible for 

the submittal and implementation of the Dust Control Plan and 

responsible for the dust generating operation.

304.2 A drawing, on 81⁄2” x 11” paper, that shows: 

a. Entire project site/facility boundaries,

b. Acres to be disturbed with linear dimensions,

c. Nearest public roads,

d. North arrow, and 

e. Planned exit locations onto paved areas accessible to the public.

304.3 Control measures, or a combination thereof, to be applied to all actual 

and potential dust generating operations, before, after, and while 

conducting any dust generating operation, including during weekends, 

after work hours, and on holidays. 

a. All required control measures from Tables 1-21 and at least one 

contingency control measure must be identified, for all dust 

generating operations. Should any primary control measure(s) prove 

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ineffective, the owner and/or operator shall immediately implement 

the contingency control measure(s). If the identified contingency 

control measure(s) is effective to comply with all of the 

requirements of this rule, the owner and/or operator need not revise 

the Dust Control Plan under Section 305 of this rule. 

b. Alternatively, a control measure(s) that is not listed in Tables 1-21

of this rule may be chosen, provided that such control measure(s) 

is implemented to comply with the standard(s) described in 

Section 301 and Section 302 of this rule, as determined by the 

corresponding test method(s), as applicable, and meets other 

applicable standard(s) set forth in this rule.

c. If complying with Section 302.2(b) (Stabilization Requirements For 

Fugitive Dust Sources-Unpaved Haul/Access Road) of this rule, the 

Dust Control Plan must include the maximum number of vehicle 

trips on the unpaved haul/access roads each day (including number 

of employee vehicles, earthmoving equipment, haul trucks, and 

water trucks).

304.4 Dust suppressants to be applied, including all of the following product 

specifications or label instructions for approved usage:

a. Method, frequency, and intensity of application;

b. Type, number, and capacity of application equipment; and

c. Information on environmental impacts and approvals or 

certifications related to appropriate and safe use for ground 

application.

304.5 Specific surface treatment(s) and/or control measures utilized to control 

material trackout and sedimentation where unpaved and/or access points 

join paved areas accessible to the public.

304.6 For construction projects one acre or larger, except for routine 

maintenance and repair done under a block permit, a statement disclosing 

which of the four designated texture(s) of soil described in Appendix F of 

these rules is naturally present at or will be imported to the dust 

generating operation. The measured soil content at a particular site shall 

take precedence over any mapped soil types, and whenever soils have 

been tested at a particular site, the test results should be relied on rather 

than the map in Appendix F.

305 403 DUST CONTROL PLAN REVISIONS:

305.1 403.1 If Required by the Control Officer:

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a. If the Control Officer determines that an approved Dust Control Plan has been 

followed, yet fugitive dust emissions from any dust -generating operation still 

exceed the standards in Section 301 and Section 302 of this rule, then the 

Control Officer shall issue a written notice to the owner and/or operator of the 

dust -generating operation explaining such determination.

305.2 b. The owner and/or operator of a dust -generating operation shall 

make written revisions to the Dust Control Plan and shall submit such revised 

Dust Control Plan to the Control Officer within three working days of receipt 

of the Control Officer’s written notice, unless such time period is extended by 

the Control Officer, upon request, for good cause. During the time that such 

owner and/or operator is preparing revisions to the approved Dust Control 

Plan, such owner and/or operator must still comply with all requirements of 

this rule.

306 CONTROL MEASURES:

306.1 The 403.2 If Requested by the Permittee:

a. If the acreage of a project changes, the owner and/or operator of a dust 

generating operation shall implement control measures before, after, and 

while conducting operations, including during weekends, after work hours, 

and on holidays, in accordance with Section 304.3 and Tables 1-21 of this 

rule.

306.2 For the purpose of this rule, any control measure that is implemented 

must achieve the applicable standard(s) described in Sections 301 and 

302 of this rule, as determined by the corresponding test method(s), as 

applicable, and must achieve other applicable standard(s) set forth in this 

rule.

306.3 Failure to comply with the provisions of Section 308 (Work Practices) of 

this rule, as applicable, and/or of an approved request a Dust C ontrol 

Plan, is deemed a violation of this rule.

306.4 Regardless of whether a dust generating operation is in compliance with an 

approved revision. Such Dust Control Plan, or there is no approved dust 

control plan, the owner and/or operator of a dust generating operation is still 

subject to all requirements of this rule at all times revision shall be filed in the 

manner and form prescribed by the Control Officer. 

307 PROJECT INFORMATION SIGN: For all sites with an earthmoving permit that are 

five acres or larger, except for routine maintenance and repair done under a 

block permit, the owner and/or operator shall erect and maintain a project 

information sign at the main entrance, that is readable by the public. Such sign 

shall have a white background, have black block lettering that is at least four inches high, 

and shall contain at least all of the following information:

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307.1 Project name and permit holder,

307.2 Earthmoving Permit number,

307.3 Name and phone number of person(s) responsible for conducting the 

project, and

307.4 Text stating: “Dust Complaints? Call Maricopa County Environmental 

Services Department (insert the current/accurate phone number for the 

complaint phone line).”

308 WORK PRACTICES: When engaged in the following specific b. If the 

permit holder changes, the owner and/or operator shall request a Dust Control 

Plan revision. Such Dust Control Plan revision shall be filed in the manner 

and form prescribed by the Control Officer.

c. If the name(s), address(es), or phone numbers of person(s) responsible for the 

submittal and implementation of the Dust Control Plan and responsible for the 

dust-generating operation change, the owner and/or operator shall request a 

Dust Control Plan revision. Such Dust Control Plan revision shall be filed in 

the manner and form prescribed by the Control Officer.

d. If t he activities related t o t he pur poses f or w hich t he D ust C ontrol pe rmit w as 

obtained c hange, t he ow ner a nd/or ope rator of a dust generating operation shall 

comply with the following work practices in addition to implementing, as applicable, 

the control measures described in Tables 1-21 of this rule.

308.1 Bulk Material Hauling Off-Site Onto Paved Areas Accessible to 

the Public: Notwithstanding other sections of this rule, the owner and/or 

operator of a dust generating operation and the owner and/or operator of 

a haul truck shall do all of the following:

a. Load all haul trucks such that the freeboard is not less than three 

inches;

b. Prevent spillage or loss of bulk material from holes or other 

openings in the cargo compartment’s floor, sides, and/or tailgate(s);

c. Cover all haul trucks with a tarp or other suitable closure; and

d. Before the empty haul truck leaves the site, clean the interior of the 

cargo compartment or cover the cargo compartment.

308.2 Bulk Material Hauling On-Site Within the Boundaries of The 

Work Site: When crossing a paved area accessible to the public while 

construction is underway, the owner and/or operator of a dust generating 

operation shall do all of the following:

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a. Load all haul trucks such that the freeboard is not less than three 

inches;

b. Prevent spillage or loss of bulk material from holes or other 

openings in the cargo compartment’s floor, sides, and/or tailgate(s); 

and

c. Install a suitable trackout control device that controls and prevents 

trackout and/or removes particulate matter from tires and the 

exterior surfaces of haul trucks and/or motor vehicles that traverse 

such work site. Examples of trackout control devices are described 

in Table 17 of this rule.

308.3 Trackout, Carry-Out, Spillage, and/or Erosion: The owner and/or 

operator of a dust generating operationrequest a Dust Control Plan revision. 

Such Dust Control Plan revision shall do all of the following:be filed in the 

manner and form prescribed by the Control Officer.

a. Install, maintain and use a suitable trackout control device 

(examples of trackout control devices are described in Table 17 –

Trackout Control of this rule) that controls and prevents trackout 

and/or removes particulate matter from tires and the exterior 

surfaces of haul trucks and/or motor vehicles that traverse such 

operation at all exits onto paved areas accessible to the public from 

both of the following:

(1) All work sites with a disturbed surface area of two acres or larger, and

(2) All work sites where 100 cubic yards of bulk materials are hauled on-site 

and/or off-site per day.

b. Clean up, trackout, carry-out, spillage, and/or erosion, on the 

following time-schedule:

(1) Immediately, when trackout, carry-out, or spillage extends a 

cumulative distance of 50 linear feet or more; and

(2) At the end of the workday, for all other trackout, carry-out, spillage, 

and/or erosion.

308.4 Unpaved Haul/Access Roads: The owner and/or operator of a dust 

generating operation shall implement one or more control measure(s) 

described in Table 3 – Unpaved Haul/Access Roads of this rule, before 

using or maintaining unpaved haul/access roads.

308.5 Easements, Rights-Of-Way, and Access Roads for Utilities 

(Electricity, Natural Gas, Oil, Water, and Gas Transmission) 

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Associated with Sources that have a Non-Title V Permit, a Title V 

Permit, and/or a General Permit under These Rules: The owner 

and/or operator of a dust generating operation shall do at least one of the 

following: 

a. Inside the PM10 nonattainment area, restrict vehicular speeds to 15 

miles per hour and vehicular trips to no more than 20 per day per 

road;

b. Outside the PM10 nonattainment area, restrict vehicular trips to no 

more than 20 per day per road; or

c. Implement control measures, as described in Table 3 – Unpaved 

Haul/Access Roads of this rule.

308.6 Open Storage Piles: For the purpose of this rule, an open storage pile is 

any accumulation of bulk material with a 5% or greater silt content which 

in any one point attains a height of three feet and covers a total surface 

area of 150 square feet or more. Silt content shall be assumed to be 5% 

or greater unless a person can show, by testing in accordance with ASTM 

Method C136-96A or other equivalent method approved in writing by the 

Control Officer and the Administrator of EPA, that the silt content is less 

than 5%. The owner and/or operator of such dust generating operation 

shall comply with all of the following:

a. Prior to and/or while conducting stacking, loading, and unloading 

operations, comply with one of the following work practices:

(1) Spray material with water, as necessary; or

(2) Spray material with a dust suppressant other than water, 

as necessary.

b. When not conducting stacking, loading, and unloading operations, 

comply with one of the following work practices:

(1) Cover open storage piles with tarps, plastic, or other 

material to prevent wind from removing the coverings;

(2) Apply water to maintain a soil moisture content at a 

minimum of 12%, as determined by ASTM Method D2216-

98, or other equivalent methods approved by the Control 

Officer and the Administrator of EPA. For areas that have 

an optimum moisture content for compaction of less than 

12%, as determined by ASTM Method D1557-91 (1998) or 

other equivalent methods approved by the Control Officer 

and the Administrator of EPA, maintain at least 70% of the 

optimum soil moisture content;

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(3) Meet one of the stabilization requirements described in 

Section 302.3 of this rule; or

(4) Construct and maintain wind barriers, storage silos, or a 

three-sided enclosure with walls, whose length is no less 

than equal to the length of the pile, whose distance from 

the pile is no more than twice the height of the pile, whose 

height is equal to the pile height, and whose porosity is no 

more than 50%. If implementing this subsection, the 

owner and/or operator must also implement either Section 

308.6(b)(2) or Section 308.6(b)(3) above.

308.7 Soil Moisture: If water is the chosen control measure in an approved 

Dust Control Plan, the owner and/or operator of a dust generating 

operation shall operate a water application system on-site (e.g., water 

truck, water hose) while conducting any earthmoving operations on 

disturbed surface areas 1 acre or larger, unless a visible crust is 

maintained or the soil is sufficiently damp to prevent loose grains of soil 

from becoming dislodged.

308.8 Weed Abatement by Discing or Blading: The owner and/or operator 

of a dust generating operation shall comply with all of the following during 

weed abatement procedures by discing or blading:

a. Apply water before weed abatement by discing or blading occurs; 

and

b. Apply water while weed abatement by discing or blading is 

occurring; and 

c. Either:

(1) Pave, apply gravel, apply water, or apply a suitable dust 

suppressant, in compliance with Section 302.3 of this rule, 

after weed abatement by discing or blading occurs; or

(2) Establish vegetative ground cover in sufficient quantity, in 

compliance with Section 302.3 of this rule, after weed 

abatement by discing or blading occurs.

SECTION 400 - ADMINISTRATIVE REQUIREMENTS

401 DUST CONTROL PLAN POSTING: The owner and/or operator of an earthmoving 

operation shall post a copy of the approved Dust Control Plan in a conspicuous 

location at the work site, within on-site equipment, or in an on-site vehicle, or shall 

otherwise keep a copy of the approved Dust Control Plan available on-site at all 

times. The owner and/or operator of a dust generating operation that has been 

Page 425 of 720
issued a Block Permit shall not be required to keep a copy of the 81⁄2” by 11” site 

drawing according to section 304.2 of this rule.

402 COMPLIANCE SCHEDULE: The requirements of this rule supercede any 

conflicting requirements that may be found in existing Dust Control Plans.

402.1 For Earthmoving Permits:

403.3 If Rule 310 is Revised:

a. If any changes to a Dust Control Plan, associated with an Earthmoving Permit,

are necessary as a result of the most recent revisions of this rule, such changes 

to the Dust Control Plan shall not be required until the Earthmoving Permit 

associated Dust Control permit is required to be renewed. 

402.2 For Non-Title V Permits And For Title V Permits: b. If any changes 

to a Dust Control Plan, associated with a Non-Title V Permitpermit or with a 

Non-Title V Permit,permit are necessary as a result of the most recent 

revisions of this rule, then the owner and/or operator shall submit a revised 

Dust Control Plan to the Control Officer, according to the minor permit 

revision procedures described in Rule 220 and210 or in Rule 210220 of these 

rules respectively, no later than 6six months after the effective date of the 

most recent revisions to this rule.

404 DUST CONTROL BLOCK PERMIT REQUIREMENTS:

404.1 A Dust Control Block Permit application may be submitted to the Control Officer, 

if one or more of the activities listed in this section of this rule are conducted and 

if such activities occur at more than one site (i.e., projects that involve multiple 

small areas scattered throughout Maricopa County including, but not limited to, 

fiber optic cable installation and natural gas line extension). New construction 

shall obtain a separate Dust Control permit.

a. Routine operation (i.e., municipalities, governmental agencies, and utilities 

that are responsible for the repeat maintenance of infrastructure including, but 

not limited to, weed control around a prison, canal bank and road grading, and 

road shoulder grading).

b. Maintenance (i.e., municipalities, governmental agencies, and utilities that are 

responsible for the repeat maintenance of infrastructure including, but not 

limited to, weed control around a prison, canal bank and road grading, and 

road shoulder grading).

c. Expansion or extension of utilities, paved roads, unpaved roads, road 

shoulders, alleys, and public rights-of-way at non-contiguous sites by 

municipalities, governmental agencies, and utilities.

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404.2 When completing and submitting a Dust Control Block Permit application, the 

owner and/or operator shall comply with the following requirements:

a. A Dust Control Plan that meets the criteria described in Section 402 of this 

rule and applies to all sites shall be submitted to the Control Officer with the 

Dust Control Block Permit application.

b. A description or map of the owner’s and/or operator’s service areas and a list 

of all sites that are 0.10 acre (4,356 square feet) or greater, including the 

location and size of each site, shall be submitted to the Control Officer with 

the Dust Control Block Permit application.

c. For any project that is 0.10 acre (4,356 square feet) or greater and not listed in 

the Dust Control Block Permit application, the applicant shall notify the 

Control Officer in writing at least three working days prior to commencing the 

dust-generating operation. The notice shall include the site location, size, type 

of activity, and start date.

404.3 The Dust Control Block Permit will cover crews that work for the municipalities, 

governmental agencies, and utilities, including subcontractors. However, 

municipalities, governmental agencies, and utilities shall retain overall authority 

for dust control on the project.

405 APPROVAL OR DENIAL OF PERMIT APPLICATIONS FOR DUSTGENERATING OPERATIONS: The Control Officer shall take final action on a Dust 

Control permit application, a Dust Control permit revision, or a Dust Control Block 

Permit within 14 calendar days of the filing of the complete application. The Control 

Officer shall notify the applicant in writing of his approval or denial.

406 TERMS FOR PERMITS FOR DUST-GENERATING OPERATIONS: A Dust 

Control permit issued according to this rule shall be issued for a period of one year from 

the date of issuance. Should the project last longer than one year from the date the permit 

was issued, the permittee shall re-apply for a Dust Control Permit at least 14 calendar 

days prior to the expiration date of the original permit. For the purpose of this section, a 

permit is considered expired, if a permit renewal is not applied for at least 14 calendar 

days prior to the expiration date of the original permit.

407 DEFACING, ALTERING, FORGING, COUNTERFEITING, OR FALSIFYING 

PERMITS FOR DUST-GENERATING OPERATIONS: A person shall not willfully 

deface, alter, forge, counterfeit, or falsify any Dust Control permit issued under the 

provisions of this rule.

408 FEES FOR PERMITS FOR DUST-GENERATING OPERATIONS: No Dust 

Control permit is valid until the applicable Dust Control permit fee has been received and 

until the Dust Control permit is issued by the Control Officer.

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409 POSTING OF PERMITS FOR DUST-GENERATING OPERATIONS: A Dust 

Control permit and a Dust Control Plan, as approved by the Control Officer, shall be 

posted in a conspicuous location at the work site, within on-site equipment, or in an onsite vehicle, or shall otherwise be kept available on-site at all times.

410 COMPLIANCE SCHEDULE: The newly amended provisions of this rule become 

effective upon adoption of this rule. An owner and/or operator of a dust-generating

operation subject to this rule shall meet all applicable provisions of this rule upon 

adoption of the newly amended provisions of this rule and according to the following 

schedule:

410.1 Basic Dust Control Training Class: No later than December 31, 2008, a site 

superintendent or other designated on-site representative of the permit holder and 

water truck and water pull drivers for each site shall have successfully completed 

the Basic Dust Control Training Class, as described in Section 309.1 of this rule.

410.2 Dust Control Coordinator: No later than June 30, 2008, any site and/or any 

contiguous site under common control of five acres or more of disturbed surface 

area subject to a permit shall, at all times during primary dust-generating

operations related to the purposes for which the Dust Control permit was 

obtained, have on-site at least one individual designated by the permit holder as a 

Dust Control Coordinator, as described in Section 310 of this rule.

SECTION 500 -– MONITORING AND RECORDS

501 501 COMPLIANCE DETERMINATION: To determine compliance with the 

visible emissions requirements in Section 303 of this rule and with the stabilization 

requirements in Section 304 of this rule, the following test methods shall be followed:

501.1 Opacity Observations:

a. Dust -Generating Operations: Opacity observations of a source engaging in 

dust -generating operations shall be conducted in accordance with Appendix 

C, Section 3 (Time Averaged Methods of Visual Opacity Determination of 

Emissions from Dust -Generating Operations).) of these rules.

b. Unpaved Parking Lot: Opacity observations of any unpaved parking lot shall 

be conducted in accordance with Appendix C, Section 2.1 (Test Methods 

Forfor Stabilization Forfor Unpaved Roads Andand Unpaved Parking Lots) of 

these rules.

c. Unpaved Haul/Access Road: Opacity observations of any unpaved 

haul/access road (whether at a work site that is under construction or at a work 

site that is temporarily or permanently inactive) shall be conducted in 

accordance with Appendix C, Section 2.1 (Test Methods Forfor Stabilization 

Forfor Unpaved Roads Andand Unpaved Parking Lots) of these rules. 

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d. Visible Emissions Beyond the Property Line: Opacity observations of 

any visible emissions beyond the property line shall be conducted in 

accordance with EPA Reference Method 22.

501.2 Stabilization Observations: 

a. Unpaved Parking Lot: Stabilization observations for 

unpaved parking lots 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. When more than 1one test 

method is permitted for a determination, an exceedance of the limits 

established in this rule determined by any of the applicable test methods 

constitutesshall constitute a violation of this rule. 

b. Unpaved Haul/Access Road: Stabilization observations 

for unpaved haul/ access roads (whether at a work site that is under 

construction or at a work site that is temporarily or permanently inactive) shall 

be conducted in accordance with Appendix C, Section 2.1 (Test Methods For 

for Stabilization-For for Unpaved Roads Andand Unpaved Parking Lots) of 

these rule.rules. When more than 1one test method is permitted for a 

determination, an exceedance of the limits establishedestablished in this rule 

determined by any of the applicable test methods constitutesshall constitute a 

violation of this rule. 

c. Open Area And Vacant Lot Or Disturbed Surface Area:

Stabilization observations for an open area and vacant lot or any disturbed 

surface area on which no activity is occurring (whether at a work site that is 

under construction, at a work site that is temporarily or permanently inactive) 

shall be conducted in accordance with at least one of the techniques described 

in subsectionSection 501.2(c)(1) through subsectionSection 501.2(c)(7) below, 

as applicable. The owner and/or operator of such inactive disturbed surface 

area shall be considered in violation of this rule if such inactive disturbed 

surface area is not maintained in a manner that meets at least 1one of the 

standards described in subsection 302Section 304.3 of this rule, as applicable. 

(1) Appendix C, Section 2.3 (Test Methods For 

for Stabilization-Visible: Soil Crust Determination) (The: the Drop 

Ball/Steel Ball Test) of these rules for a visiblesoil crust; or 

(2) Appendix C, Section 2.4 (Test Methods 

Forfor Stabilization-: Determination Ofof Threshold Friction Velocity 

([TFV)) (]: Sieving Field Procedure) of these rules for threshold friction 

velocity (TFV) corrected for non-erodible elements of 100 cm/second or 

higher; or 

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(3) Appendix C, Section 2.5 (Test 

Methods For for Stabilization-: Determination Ofof Flat Vegetative Cover) 

of these rules for 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) that is 

equal to at least 50%; or 

(4) Appendix C, Section 2.6 (Test Methods 

Forfor Stabilization-: Determination Ofof Standing Vegetative Cover) of 

these rules for standing vegetation cover (i.e., vegetation that is attached 

([rooted)] with a predominant vertical orientation) that is equal to or 

greater than 30%; or 

(5) Appendix C, Section 2.6 (Test Methods 

Forfor Stabilization-: Determination Ofof Standing Vegetative Cover) of 

these rules for standing vegetation 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

(6) Appendix C, Section 2.7 (Test Methods 

Forfor Stabilization-: Rock Test Method) of these rules for a percent cover 

that is equal to or greater than 10%, for non-erodible elements; or

(7) An alternative and equivalent test method 

approved in writing by the Control Officer and the Administrator of the 

EPA. 

502 502 RECORDKEEPING:

502.1 Any person who conducts dust -generating operations that require a Dust Control 

Plan shall keep a daily written log recording the actual application or record 

of self-inspection on each day dust-generating operations are conducted. Selfinspection records shall include daily inspections for crusted or damp soil, 

trackout conditions and clean-up measures, daily water usage for dust control 

measures, and dust suppressant application. Such written record shall also include 

the following information:

a. Method, frequency, and intensity of application or implementation of the 

control measures delineated in the approved Dust Control Plan (including 

records on any street;

b. Method, frequency, and amount of water application to the site;

c. Street sweeping, water applications, frequency;

Page 430 of 720
d. Types of surface treatments applied to and maintenance of trackout control 

devices, gravel pads, fences, wind barriers, and tarps). ;

e. Types and results of test methods conducted;

f. If contingency control measures are implemented, actual application or implementation of contingency control measures and why contingency control 

measures were implemented;

g. List of subcontractors’ names and registration numbers updated when changes 

are made; and

h. Names of employee(s) who successfully completed dust control training 

class(es) required by Section 309 of this rule, date of the class(es) that such 

employee(s) successfully completed, and name of the agency/representative 

who conducted such class(es).

502.2 Any person who conducts dust -generating operations that do not require a Dust 

Control Plan shall compile and retain records (including records on any street 

sweeping, water applications, and maintenance of trackout control devices, gravel 

pads, fences, wind barriers, and tarps) that provide evidence of control measure 

application, by indicating the type of treatment or control measure, extent of 

coverage, and date applied.

 

502.3 Upon verbal or written request by the Control Officer, the log or the records and 

supporting documentation shall be provided 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, records shall be provided without delay.

503 RECORDS RETENTION: CopiesAny person who conducts dust-generating

operations that require a Dust Control Plan shall retain copies of approved Dust Control 

Plans, control measures implementation records, and all supporting documentation shall 

be retained for at least six months following the termination of the dust -generating 

operation. Copies of approved Dust Control Plans, control measures 

implementation records, and all supporting documentation shall be retained for 

at least 1 yeartwo years from the date such records were initiated. If a person has 

obtained a Title V Permit and is subject to the requirements of this rule, then such person 

shall retain records required by this rule for at least 5five years from the date such 

records are established.

504 TEST METHODS ADOPTEDINCORPORATED BY REFERENCE: The test 

methods listed in this section are adoptedincorporated by reference. These 

adoptionsincorporations by reference include no future editions or amendments. Copies 

of the test methods listed in this section are available for review at the Maricopa County 

Page 431 of 720
Environmental ServicesAir Quality Department, 1001 North Central Avenue, Phoenix, 

AZ, 85004-1942.

504.1 ASTM Method C136-96A06 (“Standard Test Method For for

Sieve Analysis Of of Fine Andand Coarse Aggregates”), 19962006 edition.

504.2 ASTM Method D2216-9805 (“Standard Test Method For for

Laboratory Determination Of of Water ([Moisture)] Content Of of Soil Andand

Rock By by Mass”), 19982005 edition.

504.3 ASTM Method D1557-91(1998)02e1 (“Test Method For for

Laboratory Compaction Characteristics OfCharacteristics of Soil Using Modified 

Effort (56,000 ft-lbf/ft3 (2,700 kN-m/m3)”), 19982002 edition.

Page 432 of 720
Table 1

Vehicle Use In Open Areas And Vacant Lots

a. An owner and/or operator must implement one of the following control measures:

1. Restrict trespass by installing signs; or

2. Install physical barriers such as curbs, fences, gates, posts, signs, shrubs, and/or trees to 

prevent access to the area.

Table 2

Unpaved Parking Lots

a. An owner and/or operator must implement one of the following control measures:

1. Pave;

2. Apply and maintain gravel, recycled asphalt, or other suitable material, in compliance with 

Section 302.1 of this rule; or

3. Apply a suitable dust suppressant in compliance with Section 302.1 of this rule.

b. Suggested additional control measure for contingency plans:

1. Limit vehicle speeds to 15 m.p.h. on the site.

Table 3

Unpaved Haul/Access Roads

a. An owner and/or operator must implement one of the following control measures:

1. Limit vehicle speed to 15 m.p.h or less and limit vehicular trips to no more than 20 day;

2. Apply water, so that the surface is visibly moist in compliance with Section 302.2 of this 

rule;

3. Pave;

504.4. Apply and maintain gravel, recycled asphalt, or other suitable material, in compliance with 

Section 302.2 of this rule; or

5. Apply a suitable dust suppressant, in compliance with Section 302.2 of this rule.

Table 4

Open Areas And Vacant Lots

a. An owner and/or operator must implement one of the following control measures to comply 

with Section 302.3 of this rule:

1. Pave, apply gravel, or apply a suitable dust suppressant;

2. Establish vegetative ground cover in sufficient quantity; or

3. Restore area such that the vegetative ground cover and soil characteristics are similar to 

adjacent or nearby undisturbed native conditions.

Table 5

Disturbed Surface Areas – Pre-Activity Work Practices

a. Before activity begins, an owner and/or operator must implement one of the following control 

measures:

1. Pre-water site to depth of cuts, allowing time for penetration; or

2. Phase work to reduce the amount of disturbed surface areas at any one time.

Page 433 of 720
Table 6

Disturbed Surface Areas – Work Practices During Operations

a. During operations, an owner and/or operator must implement one of the following control

measures:

1. Apply water or other suitable dust suppressant, in compliance with Section 301 of this rule;

2. Apply water as necessary to maintain a soil moisture content at a minimum of 12%, as 

determined by ASTM EPA R eference Method D2216-98 or other equivalent method as 

approved by the Control Officer and the Administrator of EPA. For areas that have an 

optimum moisture content for compaction of less than 12%, as determined by ASTM 

Method D1557-91 (1998) or other equivalent method approved by the Control Officer and 

the Administrator of EPA, maintain at least 70% of the optimum soil moisture content; or

3. Implement (a)(1) or (a)(2) above and construct fences or three-foot to five-foot high wind 

barriers with 50% or less porosity adjacent to roadways or urban areas to reduce the 

amount of windblown material leaving a site.

b. Suggested additional control measure for contingency plans:

1. Limit vehicle speeds to 15 m.p.h on the work site.

Table 7

Disturbed Surface Areas – Temporary Stabilization (Up To 8 Months)

During Weekends, After Work Hours, And On Holidays

a. An owner and/or operator must implement one of the following control measures to comply 

with Section 302.3 of this rule:

1. Pave, apply gravel, or apply a suitable dust suppressant;

2. Establish vegetative ground cover in sufficient quantity; or

3. Implement (a)(1) or (a)(2), above, and restrict vehicular access to the area.

Table 8

Disturbed Surface Areas – Permanent Stabilization

(Required Within 8 Months Of Ceasing Dust Generating Operations)

a. An owner and/or operator must implement one of the following control measures to comply 

with Section 302.3 of this rule:

1. Pave, apply gravel, or apply a suitable dust suppressant;

2. Establish vegetative ground cover in sufficient quantity; or

3. Restore area such that the vegetative ground cover and soil characteristics are similar to 

adjacent or nearby undisturbed native conditions.

Table 9

Blasting Operations

a. An owner and/or operator must implement all of the following control measures:

1. In wind gusts above 25 m.p.h., discontinue blasting; and

2. Pre-water and maintain surface soils in a stabilized condition where support equipment and 

vehicles will operate.

Table 10

Demolition Activities

Page 434 of 720
a. An owner and/or operator must implement all of the following control measures:

1. Stabilize demolition debris. Apply water to debris immediately following demolition 

activity; and

2. Stabilize surrounding area immediately following demolition activity. Water all disturbed 

soil surfaces to establish a crust and prevent wind erosion of soil.

b. Suggested additional control measure for contingency plans:

1. Thoroughly clean blast debris22 (“Visual D etermination of Fugitive E missions from 

paved and other surfaces following demolition activity.

Table 11

Bulk Material Handling Operations

Work Practices For Stacking, Loading, And Unloading Operations

a. An owner and/or operator must implement one of the following control measures:

1. Spray material with water, as necessary, prior to stacking, loading, and unloading, 

and/or while stacking, loading, and unloading;

2. Spray material with a dust suppressant other than water, as necessary, prior to stacking, 

loading, and unloading, and/or while stacking, loading, and unloading.

b. Suggested additional control measures for contingency plans:

1. Pre-water and maintain surface soils in a stabilized condition where support equipment 

and vehicles will operate.

2. Remove material from the downwind side of the storage pile when safe to do so.

3. Empty loader bucket slowly and keep loader bucket close to the truck to minimize the 

drop height while dumping.

Table 12

Open Storage Piles

When Not Conducting Stacking, Loading, And Unloading Operations

a. An owner and/or operator must implement one of the following control measures:

1. Cover open storage piles with tarps, plastic, or other material such that the coverings 

will not be dislodged by wind;

2. Apply water to maintain a soil moisture content at a minimum of 12%, as determined by 

ASTM Method D2216-98, or other equivalent methods approved by the Control Officer 

and the Administrator of the EPA; or for areas that have an optimum moisture content 

for compaction of less than 12%, as determined by ASTM Method D1557-91 (1998) or 

other equivalent methods approved by the Control Officer and the Administrator of EPA, 

maintain at least 70% of the soil moisture content;

3. Meet the stabilization requirements described in Section 302.3 of this rule; or

4. Implement (a)(2) or (a)(3), above, and construct and maintain wind barriers, storage 

silos, or a three-sided enclosure with walls, whose length is no less than equal to the 

length of the pile, whose distance from the pile is no more than twice the height of the 

pile, whose height is equal to the pile height, and whose porosity is no more than 50%.

Table 13

Bulk Material Hauling/Transporting Within The Boundaries Of The Work Site

When Crossing A Paved Area Accessible To The Public 

While Construction Is Underway

Page 435 of 720
a. An owner and/or operator must implement all of the following control measures:

1. Load all haul trucks such that the freeboard is not less than 3 inches when crossing a 

paved area accessible to the public while construction is underway;

2. Prevent spillage or loss of bulk material from holes or other openings in the cargo 

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

3. Install a suitable trackout control device that controls and prevents trackout and/or 

removes particulate matter from tires and the exterior surfaces of haul trucks and/or 

motor vehicles that traverse such work site.

b. Suggested additional control measure for contingency plans:

1. Limit vehicle speeds to 15 m.p.h. on the work site.

Table 14

Bulk Material Hauling/Transporting When On-Site Hauling/Transporting

Within The Boundaries Of The Work Site But Not Crossing

A Paved Area Accessible To The Public

a. An owner and/or operator must implement one of the following control measures:

1. Limit vehicular speeds to 15 m.p.h. or less while traveling on the work site;

2. Apply water to the top of the load in compliance with Section 301 of this rule; or

3. Cover haul trucks with a tarp or other suitable closure.

Table 15

Bulk Material Hauling/Transporting Off-Site Hauling/Transporting

Onto Paved Areas Accessible To The Public

a. An owner and/or operator must implement all of the following control measures:

1. Cover haul trucks with a tarp or other suitable closure;

2. Load all haul trucks such that the freeboard is not less than 3 inches;

3. Prevent spillage or loss of bulk material from holes or other openings in the cargo 

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

4. Before the empty haul truck leaves the site, clean the interior of the cargo compartment 

or cover the cargo compartment.

Table 16

Clean Up Of Trackout, Carry Out, Spillage, And Erosion

a. An owner and/or operator must implement one of the following control measures:

1. Operate a street sweeper or wet broom with sufficient water, at the speed 

recommended by the manufacturer and at the frequency(ies) described in Section 308.3 

of this rule; or

2. Manually sweep up deposits in compliance with Section 308.3 of this rule.

Table 17

Trackout Control

a. An owner and/or operator must implement all of the following control measures:

Page 436 of 720
1. Immediately clean up trackout that exceeds 50 feet. All other trackout must be cleaned 

up at the end of the workday; and

2. In accordance with Section 308.3(a), prevent trackout by implementing one of the 

following control measures:

i. At all access points, install a grizzly or wheel wash system.

ii. At all access points, install a gravel pad at least 30 feet wide, 50 feet long, and 6 

inches deep, in compliance with Section 213 of this rule.

iii. Pave starting from the point of intersection with a paved area accessible to the 

public and extending for a centerline distance of at least 100 feet and a width of at 

least 20 feet.

b. Suggested additional control measures for contingency plans:

1. Clearly establish and enforce traffic patterns to route traffic over selected trackout 

control devices.

2. Limit site accessibility to routes with trackout control devices in place by installing 

effective barriers on unprotected routes.

3. Pave construction activity roadways as soon as possible.

Table 18

Weed Abatement By Discing Or Blading

a. An owner and/or operator must implement all of the following control measures:

1. Pre-water site;

2. Apply water while weed abatement by discing or blading is occurring; and

3. Stabilize area by implementing either one of the following:

i. Pave, apply gravel, apply water, or apply a suitable dust suppressant, in compliance 

with Section 302.3 of this rule, after weed abatement by discing or blading occurs; 

or

ii. Establish vegetative ground cover in sufficient quantity, in compliance with Section 

302.3 of this rule, after weed abatement by discing or blading occurs.

b. Suggested additional control measures for contingency plans

1. Limit vehicle speeds to 15 m.p.h. during discing and blading operations.

Table 19

Easements, Rights-Of-Way, And Access Roads For Utilities (Electricity, Natural Gas, 

Oil, Water, And Gas Transmission) Associated With Sources

That Have A Non-Title V Permit, A Title V Permit,

And/Or A General Permit Under These Rules

a. An owner and/or operator must implement one of the following control measures:

1. Inside the PM10 nonattainment area, restrict vehicular speeds to 15 m.p.h. and 

vehicular trips to no more than 20 per day per road;

2. Outside the PM10 nonattainment area, restrict vehicular trips to no more than 20 per 

day per road; or

3. Implement control measures, as described in Table 3 (Unpaved Haul/Access Roads) of 

this rule.

Note: For Tables 20 & 21, control measures in [brackets] are to be applied only to dust 

generating operations outside the nonattainment area.

Page 437 of 720
Table 20

Wind Event Control Measures-Dust Generating Operations

a. An owner and/or operator must implement one of the following control measures:

1. Cease dust generating operations for the duration of the condition/situation/event when 

the 60-minute average wind speed is greater than 25 m.p.h. and if dust generating 

operations are ceased for the remainder of the work day, stabilize the area;

2. Apply water or other suitable dust suppressant at least twice [once] per hour, in 

compliance with Section 301 of this rule;

3. Apply water as necessary to maintain a soil moisture content at a minimum of 12%, as 

determined by ASTM Method D2216-98 or other equivalent method as approved by the 

Control Officer and the Administrator of EPA. For areas that have an optimum moisture 

content for compaction of less than 12%, as determined by ASTM Method D1557-91 

(1998) or other equivalent method approved by the Control Officer and the 

Administrator of EPA, maintain at least 70% of the optimum soil moisture content; or

4. Implement (a)(2) or (a)(3), above, and construct fences or three-foot to five-foot high 

wind barriers with 50% or less porosity adjacent to roadways or urban areas to reduce 

the amount of wind-blown material leaving a site.

Table 21

Wind Event Control Measures-Temporary Disturbed Surface Areas

(After Work Hours, Weekends, Holidays)

a. An owner and/or operator must implement one of the following control measures:

1. Uniformly apply and maintain surface gravel or dust suppressants, in compliance with 

Section 302.3 of this rule;

2. Apply water to all disturbed surface areas 3 times per day. If there is any evidence of 

wind-blown dust, increase watering frequency to a minimum of 4 times per day;

3. Apply water on open storage piles at least twice [once] per hour, in compliance with 

Section 302.3 of this rule; or

4. Cover open storage piles with tarps, plastic, or other material such that wind will not 

remove the covering(s).

b. Suggested additional control measures for contingency plans:

1. Implement a combination of the control measures listed in 

(a)(1) through (a)(4), above. and Smoke Emissions from Flares”), 2000 

edition.

Page 438 of 720