______________________________________________________________________________ Appendix 11: Comparison of SIP

– Approved Rule 310 with January 27, 2010 Adopted

Version of Rule 310REGULATION III

- – CONTROL OF AIR CONTAMINANTS

RULE 310

FUGITIVE DUST FROM D UST

- 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

20 4 205 CONTROL MEASURE

205 206 DISTURBED SURFACE AREA

206 DUST CONTROL IMPLEMENT

207 DUST CONTROL PLAN IMPLEMENT

208 DUST CONTROL PLAN

209 D UST

- 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 GRIZZLY215 219 HAUL TRUCK

216 220 MOTOR VEHICLE

217 221 NORMAL FARM CULTURAL PRACTICE

218 222 OFF

- ROAD VEHICLE

219 223 OPEN AREAS AND VACANT LOTS STORAGE 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

233 234 WIND

- BLOWN DUST

234 WIND EVENT

235 WORK SITE

SECTION 300

- – STANDARDS

301 OPACITY LIMITATION GENERAL REQUIREMENTS FOR DUST

- GENERATING OPERATIONS

302 PERMIT REQUIREMENTS FOR D UST

- GENERATING OPERATIONS

303 VISIBLE EMISSIONS REQUIREMENTS FOR D UST

- GENERATING

OPERATIONS

304 STABILIZATION REQUIREMENTS FOR DUST

- GENERATING

OPERATIONS

303 DUST CONTROL PLAN REQUIRED304 ELEMENTS OF A DUST CONTROL PLAN

305 DUST CONTROL PLAN REVISIONS

306 CONTROL MEASURES FOR D UST

- 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 DUST

GENERATING OPERATIONS

406 TERMS FOR PERMITS FOR D UST

- GENERATING OPERATIONS

407 DEFACING, ALTERING, FORGING, COUNTERFEITING, OR FALSIFYING

PERMITS FOR D UST

- GENERATING OPERATIONS

408 FEES FOR PERMITS FOR D UST

- GENERATING OPERATIONS

409 POSTING OF PERMITS FOR D UST

- 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 1TABLE 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 21BLANK PAGERevised 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 D UST

- GENERATING OPERATIONS

SECTION 100

- – GENERAL

101 PURPOSE: To limit particulate matter (PM 10 ) 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 PM 10 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 ru le

.

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 Non

Traditional 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.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 rest ore 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 fiel d 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 And and

Definitions ) of these rules for . In the event of any inconsistency between any of the Maricopa County a ir pollution control rule s, the definitions of terms that are used but not specifical ly in 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:

201 Township 8 North, Range 2 East and Range 3 East Township 7 North, Range 2 West through Range 5 East Township 6 North, Range 5 West through Range 6 East Township 5 North, Range 5 West through Range 7 East Township 4 North, Range 5 West through Range 8 East Township 3 North, Range 5 West through Range 8 East Township 2 North, Range 5 West through Range 8 East Township 1 North, Range 5 West through Range 7 East Township 1 South, Range 5 West through Range 7 East Township 2 South, Range 5 West through Range 7 East Township 3 South, Range 5 West through Range 1 East Township 4 South, Range 5 West through Range 1 East202 AREA ACCESSIBLE TO THE PUBLIC

– Any retail paved parking lot or public paved roadway that is open to can be entered or used for public travel primarily for purposes unrelated to the dust

- generating operation.

202 203 BULK MATERIAL

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

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 Saw dust.

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

.

203 204 BULK 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

.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;

204 205 .2 Paving;

20 4

205 .3 Pre

- wetting watering ;
204 205 .4 Applying dust suppressants;

204 205 .5 Physically stabilizing with vegetation, gravel, recrushed/recycled asphalt or other forms of physical stabilization;

20 4

205 .6 Limiting, restricting, phasing and/or rerouting motor vehicle access;

204 205 .7 Reducing vehicle speeds and/or number of vehicle trips;

204 205 .8 Limiting use of off -road vehicles on open areas and vacant lots;

204 205 .9 Utilizing work practices and/or structural provisions to prevent wind and

water erosion onto paved areas accessible to the public;

204 205 .10 Appropriately using dust control implements;

204 205 .11 Installing one or more grizzlies, gravel pads, and/or wash down pads adjacent

to the entrance of a paved an area accessible to the public to control carry -out and trackout;

204 205 .12 Keeping open -bodied haul trucks in good repair, so that spillage may not occur from beds, sidewalls, and tailgates; and

204 205 .13 Covering the cargo beds of haul trucks to minimize wind-blown dust emissions and spillage.

20 5

206 DISTURBED SURFACE AREA

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

, thereby increasing if the 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 30 1 and

Section 302 of this rule movement, destabilization, or modification

.

20 6

207 DUST 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 emission s.

207 208 DUST 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

.208 209 DUST

- GENERATING OPERATION

- – Any activity capable of generating fugitive dust, including

, but not limited to, land the following activities:

209.1 Land clearing, earthmoving, weed maintenance, 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 considered machinery

. 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 establish areas associated with a site

. 209.14 Installing initial landscapes or to redesign existing landscapes using mechanized equipment

.

209 210 DUST SUPPRESSANT – Water, hygroscopic material, solution of water and chemical surfactant, foam, non

- toxic chemical stabilizer or any other dust palliative, which is not prohibited for ground surface application by the 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.

21 0 211 EARTHMOVING OPERATION – The use of any equipment for an activity

which that may generate fugitive dust, such as but not limited to, cutting the 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

.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.

21 1 212 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 err or.

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 consider ed 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.

21 2 216 FUGITIVE DUST

- – The particulate matter not collected by a capture system, that is entrained in the ambient air, and is caused from human and/or natural activities, such as, but not limited to, 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

em issions from process and combustion sources that are subject to other rules in Regulation III (Control Of of

Air Contaminants) of these rules.

213 217 GRAVEL PAD

–A layer of washed gravel, rock, or crushed rock that is at least one inch or larger in diameter, that is maintained at the point of intersection of a paved an area accessible to the public and a work site entrance exit 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 nothave 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.

214 218 GRIZZLY

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

215 219 HAUL 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.

216 220 MOTOR VEHICLE

– A self

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

217 221 NORMAL FARM CULTURAL PRACTICE

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

this definition.

218 222 OFF

- ROAD VEHICLE

– Any self

- propelled conveyance specifically designed

for off -road use, including

, but not limited to, off-road or all-terrain equipment, trucks, cars, motorcycles, motorbikes, or motorbuggies.

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

220 223 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 earthmoving official,

Dust Control permit under Rule 200, Section 305 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.

221 225 PAVE

– To a pply 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.

223 226 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.

224 228 SILT

– Any aggregate material with a particle size less than 75 micrometers in diameter, which passes through a No. 200 Sieve s ieve

.

225 229 TRACKOUT/CARRYOUT

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

226 230 TRACKOUT CONTROL DEVIC E

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

227 231 UNPAVED HAUL/ACCESS ROAD

– Any on-site unpaved road used by commercial, industrial, institutional, and/or governmental traffic.

228232 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

.

229 233 UNPAVED 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 O R 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.

233 234 WIND

- 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 LIMITATION 301 GENERAL REQUIREMENTS FOR DUST

- GENERATING

OPERATIONS: The

301.1 Any person engaged in a dust- generating operatio n 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 applicabl e, and must achieve other applicable standard(s) set forth

in this rule.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 app roved 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

ap proved 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 d ust-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 d ust- gen erating 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 cumulat ively 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

T itle 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.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 D UST

- GENERATING

OPERATIONS:

301 303.1 D ust

- 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 conditio ns:

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- genera ting operation shall not cause or allow visible emissions of particulate matter, including fugitive dust, beyond the property line within wh ich 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

emission s requirements in Section 303.1(a) of this rule, despite imple

ment ation 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 been and requirements of the

Dust Control Plan are implemented and the subject violations c an not be prevented by better application, implementation, operation, or maintenance

of control these 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 ;

.(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 bei ng checked.

301.2 b. Emergency Maintenance Of of

Flood Control Channels

and Water Retention Basins: No opacity limitation shall The 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.

301.3 c. Vehicle Test And and Development Facilities And and Operations: No opacity limitation shall The 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 Meth ods) 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 devel opment 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 require

ment in Section 303.2(a)(2) of this rule to cease dust- generating operations if wind conditions cause fugitive dust emission s to exceed the visible emissionsrequirements 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: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/ft 2

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

, then the owner and/or operator shall not allow the silt content to exceed 8%.

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

, 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/ft 2

. However, if silt loading is equal to or greater than 0.33 oz/ft 2 , then the owner and/or operator shall not allow the silt

content to exceed 6%

.

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

oz/ft 2 ; or

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

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

subsection section 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 ( including whether at a work site that is under construction or a work site that is temporarily or permanently inactive) shall meet

at least 1 one of the standards described in Sections 302 304 .3(a) through

302 304 .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 characteristics characteristic , which are is visiblydistinguishable, then the owner and/or operator shall test each representative repre sentative 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 r esults.

. 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 1 one of the standards listed below, as applicable. An area is con sidered 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 visible soil 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

wri tten approval from the Control Officer and the Administrator of the Environmental Protection Agency (EPA).

.

302 304 .4 Vehicle Test And and Development Facilities And and Operations: No stabilization requirement require ment 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 area s used to test and validate design integrity, product quality, and/or commercial acceptance shallbe 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 developme nt 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 contr ol measures before, after, and while conducting d ust

- 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 f or all d ust- 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) Clea n 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 b ut n ot Crossing an Area Accessibleto t he 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 pub lic 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 t o 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 o f a d ust- 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 suppre ssant other than water.

b. While stacking, loading, and unloading:(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
win d 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 a t 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 d ust

- 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 complyi ng with this section, the owner and/or operator shall provide to the Control Officer the maximumnumber 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 ro ads 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 Off icer 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: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 s urface 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 amou nt of wind- blown material leaving a site.

c. When the dust- generating operation is finished for a period of 30 days or longer : F or 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) Es tablish vegetative ground cover;(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 Ut ilities (Transmission of Electricity, Natural Gas, Oil, Water, and Gas) Associated With Sources T hat

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 acc essible 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. 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

syste m;

(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 rum ble 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 earth

moving operations on disturbed surface areas 1 acre or larger, unless a visible crust ismaintained 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 site s 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 REQ UIRED:

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

308.2 Current Dust Con trol 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 s ite that is subject to a permit issued by the Control Officer requiring control of PM 10 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 P ermit permittee/holder shall have, at a minimum, one individual trained in accordance with the Basic Dust Control Training C lass asspecified 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 success

fully 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

l imited 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 success

fully 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, acertification 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 n otification 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 PM 10 emissions

from d ust-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.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 -s ite 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 previo usly 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/holde r 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 d ust- 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;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 earthmoving dust- 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

general General permit under Regulation II (Permits And and Fees) of these

rules.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 d ust- 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

- gener ating 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 ther eof, as described in

Section s 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 id entified for all d ust- generating operations.

(3) A control measure th at is not listed in Section 304 305 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.(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 pe rmit . 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 A t 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 ef fective 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

.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 s ites, 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 gener ating 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) proveineffective, the owner and/or operator shall immediately implement the contingency control measure(s) . If the ident ified 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 i n 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, a nd 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 i nstructions 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 ac re 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 D UST CONTROL PLAN REVISIONS:

305.1 403.1 If Required b y the Control Officer: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 CONT ROL MEASURES:

306.1 The 403.2 If Requested by t he 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 applicabl e 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 o f 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: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 i mplementation 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 C ontrol 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: Not withstanding other s ections 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 gene rating operation 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 tailg ate(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 ar e 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 operation request 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 t he 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)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 PM 10 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 PM 10 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 ope n 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 generat ing 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 o ptimum 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;(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 dis tance 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 tha n 50%. If implementing this subsection, the

owne r 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 o perate 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 Di scing 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

- ADMIN ISTRATIVE 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 a nd/or operator of a dust generating operation that has beenissued 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 i s 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 Permit perm it 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 and 210 or in Rule 210 220 of these rules respectively, no later than 6 six 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 Of ficer,

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.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 operato r’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 applican t shall notify the Control Officer in writing at least three working days prior to commencing the

dust- generating operation. The notic e 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 DUST

GENERATING 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. T he Control Officer shall notify the applicant in writing of his appro val 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 D UST

- 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 D UST

- 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.409 POSTING OF PERMITS FOR D UST

- GENERATING OPERATIONS : A Dust Control permit and a Dust Control Plan, as approved by the Control Officer, shall beposted 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 d ust- 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

For for Stabilization For f or

Unpaved Roads And and 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 For for Stabilization

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

- For for Unpaved Roads

And and Unpaved Parking Lots) of these rules. When more than 1 one test method is permitted for a determination, an exceedance of the limits established in this rule determined by any of the applicable test methods

constitutes shall constitute a violation of this rule.

b. Unpaved Haul/Access Road: Stabilization observ ations 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 fo r Unpaved Roads And and Unpaved Parking Lots) of

these rule. rule s. When more than 1 one test method is permitted for a determination, an exceedance of the limits established estab lished in this rule determined by any of the applicable test methods constitute s shall 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 subsection Section 501.2(c)(1) through subsection Section 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 1 one of the

standards described in subsection 302 Section 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 visible soil crust; or

(2) Appendix C, Section 2.4 (Test Methods

For for Stabilization

- : Determination Of of

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(3) Appendix C, Section 2.5 (Test

Methods For for Stabilization

- : Determination Of of 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

For for Stabilization

- : Determination Of of

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

For for Stabilization

- : Determination Of of

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

For for 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;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 imple

mentation 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 withi n as soon as possible but no

later than 48 hours, excluding weekends. If the Control Officer is at the site where requested records are kept, records shall be provided without delay.

503 RECORDS RETENTION : Copies Any person who conducts dust- generating operations that require a Dust Control Pl an 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 year two 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 5 five years from the date such

records are established.

504 TEST METHODS ADOPTED INCORPORATED BY REFERENCE: The test

methods listed in this section are adopted incorporated by reference. These adoptions incorporations by reference include no future editions or amendments. Copies of the test methods listed in this section are available for review at the Maricopa CountyEnvironmental Services Air Quality Department, 1001 North Central Avenue, Phoenix, AZ, 85004

- 1942

.

504.1 ASTM Method C136- 96A 06 (“Standard Test Method For for Sieve Analysis Of of Fine And and Coarse Aggregates”), 1996 2006 edition.

504.2 ASTM Method D2216- 98 05 (“Standard Test Method For for Laboratory Determination Of of Water ( [ Moisture ) ] Content Of of Soil And and

Rock By by Mass”), 1998 2005 edition.

504.3 ASTM Method D1557- 91(1998) 02e1 (“Test Method For for Laboratory Compaction Characteristics Of Character istics of Soil Using Modified Effort (56,000 ft- lbf/ft 3 (2,700 kN- m/m 3 )”), 1998 2002 edition.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 measur e 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.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 Con trol 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 contr ol 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 Activitiesa. 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 debris 22 (“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 (199 8) 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 he ight 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 Underwaya. 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 los s 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 su rfaces 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 comp artment.

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: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 possi ble.

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 opera tions.

Table 19 Easements, Rights

- Of

- Way, And Access Roads For Utilities (Electricity, Natural Gas,
Oil, Water, And Gas Transm ission) 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, re strict 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.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, stabili ze 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 a pproved 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.