Antelope Valley 

Air Quality Management District 

Final 

Staff Report 

Amendment of 

Rule 403 – Fugitive Dust

Adopted on 

April 20, 2010 

43301 DIVISION ST., SUITE 206,

LANCASTER, CALIFORNIA 93535-4649 

PHONE (661) 723-8070 

FAX (661) 723-3450 
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AVAQMD Rule 403 TC-1

Final Staff Report 5/5/2010 

STAFF REPORT 

TABLE OF CONTENTS 

Rule 403 – Fugitive Dust 

I. PURPOSE OF STAFF REPORT ...........................................................................................1 

II. EXECUTIVE SUMMARY ....................................................................................................1 

III. STAFF RECOMMENDATION.............................................................................................2 

IV. LEGAL REQUIREMENTS CHECKLIST...........................................................................3 

V. DISCUSSION OF LEGAL REQUIREMENTS ...................................................................4 

A. REQUIRED ELEMENTS/FINDINGS...........................................................................4 

1. State Findings Required for Adoption of Rules & Regulations.......................4 

a. Necessity ..............................................................................................4 

b. Authority..............................................................................................4 

c. Clarity...................................................................................................4 

d. Consistency..........................................................................................4 

e. Non-duplication....................................................................................5 

f. Reference ..............................................................................................5 

g. Public Notice & Comment, Public Hearing.........................................5 

2. Federal Elements (SIP Submittals, Other Federal Submittals) ........................5 

a. Satisfaction of Underlying Federal Requirements ...............................5 

b. Public Notice and Comment ................................................................6 

c. Availability of Document.....................................................................6 

d. Notice to Specified Entities .................................................................6 

e. Public Hearing.......................................................................................6 

f. Legal Authority to Adopt and Implement.............................................6 

g. Applicable State Laws and Regulations Were Followed.....................6 

B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS.........................................7 

C. ECONOMIC ANALYSIS...............................................................................................7 

1. General.............................................................................................................7 

2. Incremental Cost Effectiveness.......................................................................7 

D. ENVIRONMENTAL ANALYSIS (CEQA)...................................................................8 

E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS..................................................8 

1. Potential Environmental Impacts.....................................................................8 

2. Mitigation of Impacts.......................................................................................9 

3. Alternative Methods of Compliance................................................................9 
TC-2 AVAQMD Rule 403 

Final Staff Report 5/5/2010

F. PUBLIC REVIEW ..........................................................................................................9 

VI. TECHNICAL DISCUSSION................................................................................................9 

A. SOURCE DESCRIPTION..............................................................................................9 

B. EMISSIONS....................................................................................................................9 

C. CONTROL REQUIREMENTS......................................................................................9 

D. PROPOSED RULE SUMMARY.................................................................................10 

E. SIP HISTORY...............................................................................................................13 

1. SIP History.....................................................................................................13 

2. SIP Analysis...................................................................................................14 

Appendix A – Rule 403 Iterated Version.................................................................................... A-1 

Appendix B - Public Notice Documents......................................................................................B-1 

Appendix C - Public Comments and Responses .........................................................................C-1 

Appendix D - California Environmental Quality Act Documentation ....................................... D-1 

Appendix E – Cost Effectiveness Analysis..................................................................................E-1 

Appendix F - Bibliography ..........................................................................................................F-1 
AVAQMD Rule 403 1

Final Staff Report 5/5/2010

STAFF REPORT 

Rule 403 – Fugitive Dust

I. PURPOSE OF STAFF REPORT 

A staff report serves several discrete purposes. Its primary purpose is to provide a summary and 

background material to the members of the Governing Board. This allows the members of the 

Governing Board to be fully informed before making any required decision. It also provides the 

documentation necessary for the Governing Board to make any findings, which are required by 

law to be made prior to the approval or adoption of a document. In addition, a staff report 

ensures that the correct procedures and proper documentation for approval or adoption of a 

document have been performed. Finally, the staff report provides evidence for defense against 

legal challenges regarding the propriety of the approval or adoption of the document. 

II. EXECUTIVE SUMMARY 

On July 1, 1997 the Antelope Valley Air Pollution Control District (AVAPCD) was created 

pursuant to statute (former H&S Code §40106, A.B. 266-Knight Ch. 542, statutes of 1996) and 

assumed all air pollution control responsibilities from the South Coast Air Quality Management 

District (SCAQMD) for the area of Los Angeles County outside the South Coast Air Basin 

(SCAB). The SCAQMD rules in effect within the jurisdiction of the AVAPCD remained in 

effect until the AVAPCD Governing Board superceded, amended or rescinded them. On January 

1, 2002 the AVAQMD was created pursuant to statute (H&S Code §41300 et seq.) to replace the 

AVAPCD. Once again the rules in effect at the time of the change remained in effect until the 

AVAQMD Governing Board superceded, amended or rescinded them. The SCAQMD adopted 

Rule 403 on February 7, 1976 and subsequently amended it on November 6, 1992 and again on 

July 9, 1993 and once more on February 14, 1997. The February 14, 1997 version is the version 

in the AVAQMD rulebook. 

The proposed amendments to Rule 403 – Fugitive Dust remove reference to SCAQMD as the 

governing District. In addition, changes were made to reflect local conditions. 

Amendments also address the requirements of H&S Code §39614 (SB 656, Sher), enacted to 

reduce public exposure to PM10 and PM2.5. A List and Implementation Schedule for District 

Measures to Reduce PM Pursuant to Health & Safety Code §39614(d) was adopted by the 

AVAQMD on August 16, 2005. This List was used to evaluate PM measures related to fugitive 

dust control. A cost effectiveness analysis was done to determine which fugitive dust control 

measures would be feasible and those measures have been included in this rule amendment. 

Amendments are also proposed to conform the rule to the AVAQMD’s attainment status. All of 

the AVAQMD has been designated non-attainment for the State PM10 standard and unclassified 

for the State PM2.5 standard. USEPA has designated the AVAQMD unclassified for the Federal 

PM10 and attainment/unclassified for Federal PM2.5 standard. As an unclassified Federal PM10 
2 AVAQMD Rule 403 

Final Staff Report, 5/5/2010

area the AVAQMD is not subject to; contingency requirements, RACM or BACM and these 

references therefore have been removed from the proposed Rule 403. 

Furthermore, Tables 1 – 3 in the back of Rule 403 were relocated into the body of the rule for 

ease of use. Reference to large and medium operations were replaced with a requirement for 

operations with ten or more acres to submit a Dust Control Plan. Other changes are proposed to 

conform to AVAQMD rule format. 

The public hearing to consider the amendment of Rule 403 was originally noticed for the 

3/16/2010 Governing Board meeting. The 3/16/2010 meeting was cancelled and all items 

deferred to the next regularly scheduled meeting of 04/20/2010. 

III. STAFF RECOMMENDATION 

Staff recommended that the Governing Board of the Antelope Valley Air Quality Management 

District adopt the proposed amendments to Rule 403 – Fugitive Dust and approve the appropriate 

California Environmental Quality Act (CEQA) documentation. This action is necessary to 

remove reference to SCAQMD, address the requirements of Health and Safety Code (H&S 

Code) §39614 (SB 656, Sher), enacted to reduce public exposure to PM10 and PM2.5, and to 

update rule format for ease of use. This action is also necessary to satisfy the commitment made 

in the List and Implementation Schedule for District Measures to Reduce PM Pursuant to Health 

& Safety Code §39614(d) adopted August 16, 2005 (See: PM Measures Requiring Further 

Evaluation,. #24a, 25a, 26a, 27a, 28a, 29, 30a, 31, 32a, 33a, 34, 35, 36, 37a, 38a, 42b, and 42, pg. 

16-20). 

The Governing Board of the Antelope Valley Air Quality Management District amended Rule 

403 – Fugitive Dust on April 20, 2010. 
AVAQMD Rule 403 3

Final Staff Report 5/5/2010

IV. LEGAL REQUIREMENTS CHECKLIST 

The findings and analysis as indicated below are required for the procedurally correct amendment 

of Rule 403 – Fugitive Dust. Each item is discussed, if applicable, in Section V below. Copies 

of documents are included in the appropriate Appendix. 

FINDINGS REQUIRED FOR 

RULES & REGULATIONS 

 X Necessity 

 X Authority 

 X Clarity 

 X Consistency 

 X Non-duplication 

 X Reference 

 X Public Notice & Comment 

 X Public Hearing 

REQUIREMENTS FOR STATE 

IMPLEMENTATION PLAN 

SUBMISSION (SIP): 

 X Public Notice & Comment 

 X Availability of Document 

 X Notice to Specified Entities (State, Air 

Districts, USEPA, Other States) 

 X Public Hearing 

 X Legal Authority to adopt and implement the 

document. 

 X Applicable State laws and regulations were 

followed. 

ELEMENTS OF A FEDERAL 

SUBMISSION 

N/A Elements as set forth in applicable Federal 

law or regulations. 

CALIFORNIA ENVIRONMENTAL QUALITY 

ACT REQUIREMENTS (CEQA):

N/A Ministerial Action 

 X Exemption 

N/A Negative Declaration 

N/A Environmental Impact Report 

 X Appropriate findings, if necessary. 

 X Public Notice & Comment 

SUPPLEMENTAL ENVIRONMENTAL 

ANALYSIS (RULES & REGULATIONS ONLY): 

 X Environmental impacts of compliance. 

N/A Mitigation of impacts. 

N/A Alternative methods of compliance. 

OTHER: 

 X Written analysis of existing air pollution 

control requirements 

 X Economic Analysis 

 X Public Review 
4 AVAQMD Rule 403 

Final Staff Report 5/5/2010

V. DISCUSSION OF LEGAL REQUIREMENTS 

A. REQUIRED ELEMENTS/FINDINGS 

This section discusses the State of California statutory requirements that apply to the 

amendment of Rule 403. These are actions, that need to be performed, and/or 

information, that must be provided in order to amend the Rule in a procedurally correct 

manner. 

1. State Findings Required for Adoption of Rules & Regulations: 

Before adopting, amending, or repealing a rule or regulation, the AVAQMD 

Governing Board is required to make findings of necessity, authority, clarity, 

consistency, non-duplication, and reference based upon relevant information 

presented at the hearing. The information below is provided to assist the Board in 

making these findings. 

a. Necessity: 

The amendment of Rule 403 is necessary to satisfy the provisions of H&S 

Code §39614(d) which requires the adoption of readily available, feasible 

and cost-effective control measures for particulate matter from a list of 

potential local control measures promulgated by the California Air 

Resources Board (CARB). The level of control contained in proposed 

Rule 403 has been determined to be readily available, feasible and costeffective based upon an analysis and recommendations made in section 

(V)(C)(2) of this staff report.

b. Authority: 

AVAQMD has the authority pursuant to H&S Code §40702 to adopt, 

amend or repeal rules and regulations. 

c. Clarity: 

The amendments are clear in that they are written so that the persons 

subject to the Rule can easily understand the meaning. The Rule is as 

clear as possible given the nature of the subject matter involved. 

Definitions that are standardized to the industry subject to the Rule have 

been provided in the body of the rule itself for ease of use. The 

requirements of the rule are taken from neighboring air districts’ rules that 

are already enacted 

d. Consistency: 

The amendment of Rule 403 is in harmony with, and not in conflict with 

or contradictory to, any state law or regulation, federal law or regulation, 
AVAQMD Rule 403 5

Final Staff Report 5/5/2010

or court decisions. The AVAQMD has been designated “Unclassified” for 

the Federal PM10 NAAQS. It is currently unclassified/attainment for the 

Federal PM2.5 NAAQS (40 CFR 81.305). The AVAQMD is nonattainment for the State Ambient Air Quality Standard for PM10 as 

specified in 17 California Code of Regulations §60205. The level of 

control specified in proposed Rule 403 is consistent with the level of 

control required pursuant to these designations. 

e. Non-duplication: 

The amendment of Rule 403 does not impose the same requirements as an 

existing state or federal law or regulation because there are no existing 

laws or regulations directly governing the air emissions of particulate 

matter and its precursors from fugitive dust. The District is required to 

adopt readily available, feasible and cost-effective control measures for 

particulate matter from a list of potential local control measures 

promulgated by CARB pursuant to H&S Code §39614(d).

f. Reference: 

AVAQMD has the authority pursuant to H&S Code §40702 to adopt, 

amend or repeal rules and regulations. The District is required to adopt 

readily available, feasible and cost-effective control measures for 

particulate matter from a list of potential local control measures 

promulgated by CARB pursuant to H&S Code §39614(d).

g. Public Notice & Comment, Public Hearing: 

The public hearing to consider the amendment of Rule 403 was originally 

noticed for the 3/16/2010 Governing Board meeting. The 3/16/2010 

meeting was cancelled and all items deferred to the next regularly 

scheduled meeting of 04/20/2010. See Appendix “B” for a copy of the 

public notice. See Appendix C for copies of comments, and AVAQMD 

responses. 

2. Federal Elements (SIP Submittals, Other Federal Submittals). 

Submittals to USEPA are required to include various elements depending upon 

the type of document submitted and the underlying Federal law which requires the 

submittal. The information below indicates which elements are required for the 

amendment of Rule 403 and how they were satisfied. 

a. Satisfaction of Underlying Federal Requirements: 

The amendments to Rule 403- Fugitive Dust are subject to all of the 

requirements for a State Implementation Plan (SIP) submittal because 
6 AVAQMD Rule 403 

Final Staff Report 5/5/2010

Rule 403 is currently included in the AVAQMD SIP. The criteria for 

determining completeness of SIP submission are set forth in 40 CFR Part 

51, Appendix V, 2.0. 

b. Public Notice and Comment: 

The public hearing to consider the amendment of Rule 403 was originally 

noticed for the 3/16/2010 Governing Board meeting. The 3/16/2010 

meeting was cancelled and all items deferred to the next regularly 

scheduled meeting of 04/20/2010. See Appendix “B” for a copy of the 

public notice. 

c. Availability of Document: 

Copies of the proposed amendment of Rule 403 and the accompanying 

draft staff report were made available to the public on February 01, 2010. 

d. Notice to Specified Entities 

Copies of the proposed amendment of Rule 403 and the accompanying 

draft staff report were mailed to all affected agencies, including but not 

limited to CARB and USEPA on February 01, 2010. 

e. Public Hearing: 

A public hearing to consider the proposed amendment of Rule 403 was set 

for 3/16/10. The 3/16/2010 was cancelled and all items were deferred to 

the next regularly scheduled meeting of 04/20/2010.

f. Legal Authority to Adopt and Implement: 

The AVAQMD has the authority pursuant to H&S Code §40702 to adopt, 

amend, or repeal rules and regulations and to do such acts as may be 

necessary or proper to execute the duties imposed upon the AVAQMD. 

g. Applicable State Laws and Regulations Were Followed: 

Public notice and hearing procedures pursuant to H&S Code §§40725-

40728 have been followed. See Section (V)(A)(1) above for compliance 

with state findings required pursuant to H&S Code §40727. See Section 

(V)(B) below for compliance with the required analysis of existing 

requirements pursuant to H&S Code §40727.2. See Section (V)(C) for 

compliance with economic analysis requirements pursuant to H&S Code 

§40920.6. See Section (V)(D) below for compliance with provisions of 

the California Environmental Quality Act (CEQA). 
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B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS 

H & S Code §40727.2 requires air districts to prepare a written analysis of all existing 

federal air pollution control requirements that apply to the same equipment or source type 

as the rule proposed for modification by the district. Such analysis is required to identify 

and examine federal requirements, including but not limited to emissions control 

measures identified as best available control technology for new or modified equipment. 

There are no existing federal requirements for the control of particulate air emissions that 

apply to fugitive dust control and related operations. 

C. ECONOMIC ANALYSIS 

1. General 

Rule 403 will not have an adverse economic impact on the entities subject to the 

proposed Rule. Please see the incremental cost-effectiveness analysis below for a 

more detailed analysis of potential economic impact. 

2. Incremental Cost Effectiveness 

Pursuant to H&S Code §40920.6, incremental cost effectiveness calculations are 

required for rules and regulations which are adopted or amended to meet the 

California Clean Air Act requirements for Best Available Retrofit Control 

Technology (BARCT) or “all feasible measures” to control volatile compounds, 

oxides of nitrogen or oxides of sulfur. 

While Rule 403 does not impose BARCT or “all feasible measures” and thus an 

incremental cost-effectiveness analysis is not mandatory, the District conducted a 

cost-effectiveness analysis as part of the analysis pursuant to H&S Code 

§39614(d). The cost-effectiveness analysis was based upon cost estimates 

contained in the staff report for San Joaquin Valley Air Pollution Control District 

(SJVAPCD) Rules 8021, 8031, 8041, 8051, 8061, and 8071 as adopted in 2004.1

 

The AVAQMD developed its own cost effectiveness analysis based on current 

values and conditions in the AVAQMD. The cost effectiveness analysis is located 

in Appendix “E” of this staff report. 

Fugitive dust control measures for a variety of sources were reviewed for cost and 

emission reductions, and control methods with a maximum cost-effectiveness of 

$272 per ton PM reduced were found to be cost-effective and hence feasible (2009 

 

1

 These versions of the SJVAPCD rules were used as the basis for comparison because they were 

the rules identified in CARB’s list of local PM control measures developed pursuant to the 

provisions of H&S 39614. A copy of this list may be found at: 

http://www.arb.ca.gov/pm/pmmeasures/pmmeasures.htm . 
8 AVAQMD Rule 403 

Final Staff Report 5/5/2010

dollars). Those dust control measures with cost-effectiveness of $1,305 per ton 

PM reduced were found to be not cost-effective and hence not feasible. The cost 

of several control measures that other districts had determined to be cost effective 

were re-evaluated taking into account revised costs and local conditions and 

determined by AVAQMD to be non-cost effective. 

The results of the cost-effectiveness analysis show that measures for watering in 

residential construction, wheel spreader/shaker, gravel pad and stabilized pad in 

carryout and trackout were found to be cost-effective. Other measures have been 

included as optional control options. 

D. ENVIRONMENTAL ANALYSIS (CEQA) 

Through the process described below, it was determined that a Notice of Exemption 

would be the appropriate CEQA process for the proposed amendment of Rule 403. 

1. The amendment of Rule 403 meets the CEQA definition of "project." 

They are not "ministerial" actions. 

2. The amendment of Rule 403 is exempt from CEQA review because it will 

not create any adverse impacts on the environment. The requirements in the 

amendments to Rule 403 are more stringent than the currently existing 

requirements (see more detailed discussion in Rule Summary §(D)) in that: it 

addresses the requirements of H&S Code §39614 (SB 656, Sher 2003), enacted to 

reduce public exposure to PM10 and PM2.5. It is also more stringent in that it has 

clarified the scope of applicability; definitions are updated to make the rule more 

comprehensive, reflect the current applicability of the rule, and provide additional 

clarity, included additional limits for opacity, and included additional control 

options to reduce PM10 and PM2.5 for this category. The control measures 

currently available to allow compliance with the rule do not substantially change 

due to the more stringent requirements so indirect impacts will not be caused 

since the compliance methods contemplated are already in use. Therefore, no 

adverse environmental effects are foreseen from the amendments that might cause 

the release of additional air contaminants or create any adverse environmental 

impacts, a Class 8 categorical exemption (14 Cal. Code Reg. §15308) applies. 

E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS 

1. Potential Environmental Impacts 

There are no potential adverse environmental impacts of compliance with the 

amendment of Rule 403. The District is amending this rule to satisfy the 

provisions of H&S Code §39614(d) which requires the adoption of readily 

available, feasible and cost-effective control measures for PM from a list of 

potential local control measures promulgated by CARB.
AVAQMD Rule 403 9

Final Staff Report 5/5/2010

2. Mitigation of Impacts N/A 

N/A 

3. Alternative Methods of ComplianceN/A 

N/A 

F. PUBLIC REVIEW 

See Staff Report Section (V)(A)(1)(g) and (2)(b), as well as Appendix B. 

VI. TECHNICAL DISCUSSION 

A. SOURCE DESCRIPTION 

The provisions of this rule apply to any activity or man-made condition capable of 

generating fugitive dust. The AVAQMD’s PM tends to be primarily fugitive dust. This 

dust appears to be generated by both local sources and by region-wide dust during 

moderate to high wind episodes. These regional episodes tend to be multi-district and 

sometimes interstate in scope. The AVAQMD has identified the local source of fugitive 

dust to be primarily unpaved road travel, construction and local disturbed areas of soil 

concentrating in the urban populated areas within the district, and seasonal agricultural 

operations. 

B. EMISSIONS 

The requirements in the proposed amendments to Rule 403 are more stringent than the 

currently existing requirements (see more detailed discussion in Rule Summary §(D)) in 

that: it addresses the requirements of Health and Safety Code (H&S Code) §39614 (SB 

656, Sher 2003), enacted to reduce public exposure to PM10 and PM2.5. It is also more 

stringent in that it has clarified the scope of applicability; definitions are updated to make 

the rule more comprehensive, reflect the current applicability of the rule, and provide 

additional clarity, included additional limits for opacity, and included additional control 

options to reduce PM10 and PM2.5 for this category. The control measures currently 

available to allow compliance with the rule do not substantially change due to the more 

stringent requirements so indirect impacts will not be caused since the compliance 

methods contemplated are already in use. 

C. CONTROL REQUIREMENTS 

Please see section (C) of the rule for control requirements for various sources of fugitive 

dust. Some control measures have remained others added that were determined to be 

feasible due to the recommendations from requirements of Health and Safety Code (H&S 

Code) §39614 (SB 656, Sher 2003), enacted to reduce public exposure to PM10 and 

PM2.5. The amendments to Rule 403 – Fugitive Dust do not cause the release of 
10 AVAQMD Rule 403 

Final Staff Report 5/5/2010

additional air contaminants or create any environmental impacts because the requirements 

are more stringent with opacity limits. 

D. PROPOSED RULE SUMMARY 

This section gives a brief overview of the amendments to Rule 403. The iterated rule 

version is contained in Appendix “A” of this staff report. 

Amendments to Rule 403 were designed to enable the District to comply with the 

provisions of H&S Code §39614(d) that requires the adoption of the most readily 

available, feasible and cost-effective control measures for PM as set forth on a list 

developed by CARB.2

 This list was developed based on rules, regulations, and programs 

existing in California as of 01/01/04. There are six rules listed as potential local control 

measures contained in the CARB document: 1) San Joaquin Valley Air Pollution Control 

District (SJVAPCD) Rules 8021,8031, 8041, 8051, 0861 and 0871(11/15/01); and 3) 

South Coast Air Quality Management District (SCAQMD) Rule 403 (6/3/05). 

Specifically, Appendix C of the CARB document Proposed List of Measures to Reduce 

Particulate Matter, Strategy 24.a. through 43. Fugitive Dust (Measures reduce PM10 and 

PM2.5), refers to these fugitive dust rules. The District has analyzed these rules to 

determine if the measures they contained were readily available, feasible and costeffective for implementation within the AVAQMD. The PM10 and PM 2.5 limits 

contained in the SCAQMD rule and SJVAPCD rules and were determined to be cost 

effective and have been incorporated in the proposed amendments to Rule 403. 

Rule 403 has been reformatted to standard District format. The Rule has also been 

updated to incorporate typographically and rule citation changes. 

Section (A) (previous Section (a)) has been amended to be standard District format. 

Section (B) (previous Section (c)) has been amended to be standard District format 

Section (B) definitions are updated. Definitions have been included to make the rule 

more comprehensive, reflect the current applicability of the rule, and provide additional 

clarity. Definitions which were added: Agricultural Operation Air, Pollution Control 

Officer; Dust Control Plan; Track-out; United States Environmental Protection Agency 

and Visible Dust Emissions. Definitions which were removed: Best Available Control 

Measures; Contingency Notification; Large Operations; Medium Operations; Reasonably 

Available Control Measures; South Coast Air Basin and Visible Roadway Dust. 

Definitions which were modified: Anemometers; Earth-Moving Activities and Stabilized 

Surface. 

 

2

 A copy of the CARB “Proposed List of Measures to Reduce Particulate Matter – PM10 and 

PM2.5 (Implementation of Senate Bill 656, Sher 2003) and attendant staff report may be found 

at: http://www.arb.ca.gov/pm/pmmeasures/pmmeasures.htm . 
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Final Staff Report 5/5/2010

Section (C) (previous Section (d)) has been amended to be standard District format. 

Section (C)(1)(b) an opacity limit of twenty percent was added as it was determined to be 

cost effective in SJVAPCD and opacity readings from a single source were added for 

clarity. 

Previous Section (d)(2) and (3) references to SCAQMD were removed as these do not 

apply to AVAQMD. 

Previous Section (d)(3) references to Reasonably Available Control Measures (RACM) 

and Best Available Control Measures (BACM) were removed as these do not and did not 

apply to the area under the jurisdiction of the AVAQMD. 

Section (C)(3)(a) was modified to incorporate provisions determined to be cost effective 

pursuant to CARB Proposed List of Measures to Reduce Particulate Matter and replaced 

previous Section (d)(5)(b)(i) reducing the cumulative distance of track-out from fifty (50) 

to twenty-five (25) feet. 

Section (C)(3)(b) was modified to incorporate provisions determined to be cost effective 

pursuant to CARB Proposed List of Measures to Reduce Particulate Matter and replaced 

previous Section (d)(5)(b)(ii). 

Previous Section (d)(5)(A) was removed as it referenced SCAQMD. 

Previous Section (d)(5)(B) was removed as Table 3 has been placed in the body of the 

rule. 

Previous section (d)(5)(B(i) and (ii) were removed and replaced with Section (C)(3)(a) 

and (b). 

Section (C)(4) was added to incorporate provisions determined to be cost effective 

pursuant to CARB Proposed List of Measures to Reduce Particulate Matter. 

Section (C)(5) placed Demolition Activities under a new Section for clarity. 

Section (C)(6) was modified to incorporate provisions determined to be cost effective 

pursuant to CARB Proposed List of Measures to Reduce Particulate Matter. 

Section (C)(7) was modified to incorporate provisions determined to be cost effective 

pursuant to CARB Proposed List of Measures to Reduce Particulate Matter. 

Section (C)(8) was modified to incorporate provisions determined to be cost effective 

pursuant to CARB Proposed List of Measures to Reduce Particulate Matter. 

Section (C)(9) was modified to incorporate provisions determined to be cost effective 

pursuant to CARB Proposed List of Measures to Reduce Particulate Matter. 
12 AVAQMD Rule 403 

Final Staff Report 5/5/2010

Section (C)(10) was modified to incorporate provisions determined to be cost effective 

pursuant to CARB Proposed List of Measures to Reduce Particulate Matter. 

Section (C)(11) was modified to incorporate provisions determined to be cost effective 

pursuant to CARB Proposed List of Measures to Reduce Particulate Matter. 

Section (C)(12) was modified to incorporate provisions determined to be cost effective 

pursuant to CARB Proposed List of Measures to Reduce Particulate Matter. 

Section (C)(13) was modified to incorporate provisions determined to be cost effective 

pursuant to CARB Proposed List of Measures to Reduce Particulate Matter. 

Section (C)(14) was modified to incorporate provisions determined to be cost effective 

pursuant to CARB Proposed List of Measures to Reduce Particulate Matter. 

Previous Section (e) Contingency Requirements were removed as AVAQMD is 

unclassified for Federal PM10 and therefore requires no contingency requirements. 

Previous Section (f) Special Requirements were removed as AVAQMD is unclassified 

for Federal PM10 and therefore requires no contingency requirements. 

Section (D) Dust Control Plan was modified to incorporate provisions determined to be 

cost effective pursuant to CARB Proposed List of Measures to Reduce Particulate Matter. 

Section (E) (previous Section (g)) has been amended to be standard District format and 

was modified as contingency requirements have been removed. 

Section (F) (previous Section (h)) has been amended to be standard District format. 

Section (F)(1)(A) and (B) (previous Section (h)(1)(A) and (B) were modified to remove 

reference to SCAQMD. Agriculture is exempt from the rule as agriculture rules are being 

developed independently. 

Section (F)(1)(b) was added to allow for SIP rule exemption and was not enforced by 

SCAQMD or AVAQMD in later rule versions because AVAQMD was not part of the 

SCAB. 

Section (F)(1)(h)(ii) was modified to incorporate provisions determined to be cost 

effective pursuant to CARB Proposed List of Measures to Reduce Particulate Matter. 

Section (F)(1)(h)(ii) (previous Section (h)(ii)[a] through [c]) were removed and replaced 

with language from current SCAQMD Rule 403. 

Section (F)(2) was modified for clarity on requirements for high wind conditions. Table 

1 requirements were placed in the body of the rule for ease of use. 
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Final Staff Report 5/5/2010

Section (F)(3) was relocated to (F)(1) since the applicable requirements in Section (C) 

were RACM and did not apply to area under jurisdiction of AVAQMD. 

Previous Section (h)(2)(ii) and (iii) were removed as these referenced contingency 

notification requirements. 

Previous Section (h)(4) was removed as Table 2 has been placed into the body of the rule, 

with the exception of ASTM method D2216 which can be met by application of sufficient 

water limiting Visible Dust Emissions (VDE) to twenty percent. 

Previous Sections (h)(5)(B),(C) and (D) were removed as these were contingency 

requirements. 

Section (G)(1) (previous Section(i)(1)) was modified to remove contingency 

requirements. High Wind Plan and Agricultural Operations are exempt. 

Section (G)(3) was modified as the exemption was removed. 

Tables 1, 2 and 3 were relocated to the body of the Rule §(C). 

E. SIP HISTORY 

1. SIP History 

Prior to 1975 the original air district for the Antelope Valley region was the Los 

Angeles County APCD that had jurisdiction covering the entire county of Los 

Angeles. In 1975, the Southern California Air Pollution Control District (So. Cal. 

APCD) was created. The So. Cal. APCD was created by a Joint Powers 

Agreement (JPA) between Los Angeles, Orange, Riverside and San Bernardino 

Counties to replace the previous countywide air pollution control districts for 

those counties. On 02/01/77, pursuant to statute (Cal. Stats. 1976, Ch 324 p. 815) 

the South Coast Air Quality Management District (SCAQMD) was created with 

an initial jurisdiction that only included areas of Los Angeles, Orange, Riverside 

and San Bernardino Counties contained within the South Coast Air Basin 

(SCAB). Outlying areas remained under the So. Cal. APCD (The legislation was 

thereafter amended to allow non SCAB areas to “opt in”. Los Angeles County 

exercised this option and thus the Antelope Valley became a part of SCAQMD). 

Also on 02/01/77 the California Air Resources Board (CARB) issued Executive 

Order G-73 (1977) which adopted a “rule book” for those non-SCAB areas of Los 

Angeles, Riverside and San Bernardino Counties. CARB submitted the G-73 

rulebook on behalf of the “county” districts. 

By its terms Executive Order G-73 (1977) was only effective until the non-SCAB 

areas took other action. On 02/22/77 the JPA forming the So. Cal. APCD was 

formally dissolved. By the terms of the JPA upon dissolution each county would 

regain its county air pollution control district with a jurisdiction of the non-SCAB 
14 AVAQMD Rule 403 

Final Staff Report 5/5/2010

areas of the county and the applicable rules being the So. Cal. APCD’s rules in 

effect upon the date of dissolution. On 07/01/97 the Antelope Valley Air 

Pollution Control District (AVAPCD) replaced the SCAQMD as the agency with 

jurisdiction over the Los Angeles County portion of the Mojave Desert Air Basin 

(MDAB). On 01/01/02 the AVAPCD was replaced by the AVAQMD. Pursuant 

to both statutory changes, the rule and regulations of the predecessor district were 

retained until the Governing Board adopted, amended or rescinded them. At the 

first meeting of the both the AVAPCD and the AVAQMD, the respective 

Governing Boards reaffirmed all the rules and regulations in effect at the time the 

agency changed. 

The jurisdiction of the AVAPCD and the AVAQMD were specified in the statutes 

as the portion of the Los Angeles County contained within the MDAB. The 

MDAB was formerly known as the Southeast Desert Air Basin (SEDAB). In 

1997 the SEDAB was split into the MDAB and the Salton Sea Air Basin. 

Descriptions of these air basins can be found in 17 Cal. Code Regs. §§60109 and 

60144. Since USEPA adopts SIP revisions in California as effective within 

jurisdictional boundaries of local air districts, when the local air district 

boundaries change the SIP as approved by USEPA for that area up to the date of 

the change remains as the SIP in that particular area. Thus, upon creation of the 

AVAPCD on 07/01/97 the AVAPCD acquired the SIP applicable to the Antelope 

Valley portion of the SCAQMD that was effective as of 06/30/97. Likewise the 

AVAQMD acquired the SIP that was effective in the jurisdiction of the AVAPCD 

as of 12/31/01. Therefore, the SIP history for this region is based upon the rules 

adopted, effective, and approved for the Antelope Valley by SCAQMD. 

Rule 403 was originally adopted by the So. Cal APCD on 02/07/76. Therefore it 

became part of both the SCAQMD rule book and the G-73 rule book for the nonSCAB portion of Los Angeles County. The So. Cal APCD version of Rule 403 

was submitted as a SIP revision and was approved into the SIP on 06/14/78 for 

both the So. Cal. APCD and the L.A. Co. APCD (43 FR 25684 and 40111; 40 

CFR 52.220(c)(32)(iv)(A) and (c)(39)(iii)(C)). Thus the 02/07/76 version of 403 

was the SIP version upon Los Angeles County’s “opt in” to SCAQMD. 

SCAQMD thereafter amended Rule 403 on 11/06/92, 07/09/93, and 02/14/97. It 

is unknown if the 1992 and 1993 versions were submitted as a SIP revision but 

there was no action on these versions of the rules. The SCAQMD amendment of 

02/14/97 was submitted as a SIP revision prior to the creation of the AVAPCD. 

USEPA approved a limited approval/disapproval on 12/9/98 at 63 FR 67784 after 

the creation of the AVAPCD. Pursuant to the notice of proposed rule making the 

12/09/98 action specifically did not apply to the jurisdiction of the AVAPCD 

(08/11/98, 63 FR 42786 FN4). Therefore the version of 403 in the SIP for the 

AVAPCD, and its successor the AVAQMD is the 02/07/76 version. 

2. SIP Analysis. 
AVAQMD Rule 403 15

Final Staff Report 5/5/2010

Rule 403 was submitted as adopted February 14, 1997 for inclusion in the SIP on 

August 1, 1997. It is unknown what action was taken by USEPA, although the 

District will treat the rule as it was approved and request removal from the SIP. 

The District will request CARB to submit amended Rule 403 to replace the SIP 

version in effect in the Los Angeles County portion of the MDAB. This 

submission is necessary because the version currently in the SIP references South 

Coast Air Quality Management District as the governing District and does not 

reflect the subsequent creation of, and differing local conditions of the 

AVAQMD. 

Since there is a previously existing SIP rule for this category the District will 

request that it be superseded. In order to replace existing SIP rules the District is 

required to show that the amendments are not less stringent than the provisions 

currently in the SIP. The amended rule is more stringent than the prior rule 

because it address the requirements of Health and Safety Code (H&S Code) 

§39614 (SB 656, Sher 2003), enacted to reduce public exposure to PM10 and 

PM2.5. It is also more stringent in that it has clarified the scope of applicability, 

added definitions for clarity, included additional limits for opacity, and included 

additional control options to reduce PM10 and PM2.5 for this category. 
16 AVAQMD Rule 403 

Final Staff Report 5/5/2010

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AVAQMD Rule 403 A-1

Final Staff Report 5/5/2010 

APPENDIX "A"

Rule 403 - Fugitive Dust 

Iterated Version 

The iterated version is provided so that the changes to an existing rule may be easily found. The 

manner of differentiating text is as follows: 

1. Shaded text identifies new or revised language. 

2. Lined out text identifies language which is being deleted. 

3. Normal text identifies the current language of the current rule which will remain unchanged 

by the adoption of the proposed amendments. 

4. Italicized text identifies explanatory material that is not part of the proposed language. 
A-2 AVAQMD Rule 403 

Final Staff Report, 5/5/2010

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(Adopted: 02/07/76; Amended: 11/06/92; Amended: 07/09/93; 

Amended: 02/14/97: Amended mm/dd/yy) 

AVAQMD Rule 403 403-1

Fugitive Dust D3a, 2/24/10 

RULE 403 

Fugitive Dust 

(aA) General

(1) Purpose 

(a) The purpose of this rule is to reduce the amount of particulate 

matterParticulate Matter entrained in the ambient air as a result of 

anthropogenic (man-made) fugitive dustFugitive Dust sources by requiring 

actions to prevent, reduce or mitigate fugitive dustFugitive Dust

emissions. 

(b2) Applicability 

(a) The provisions of this rule shall apply to any activity or man-made 

condition capable of generating fugitive dustFugitive Dust. 

(cB) Definitions 

(1) ACTIVE OPERATIONS shall mean any “Active Operations” – Any activity 

capable of generating fugitive dustFugitive Dust, including, but not limited to, 

earth-moving activities, construction/demolition activitiesEarth-Moving 

Activities, Construction/Demolition Activities, or heavy- and light-duty vehicular 

movement. 

(2) ANEMOMETERS are devices used to measure wind speed and direction in 

accordance with “Agricultural Operation” – The growing and harvesting of crops 

or the performance standards, and maintenance and calibration criteria as 

contained in the most recent Rule 403 Implementation Handbook, now or 

hereafter adopted by the Governing Board.

(3) BEST AVAILABLE CONTROL MEASURES represent fugitive dust control 

actions which are required to be implemented within the boundaries of the South 

Coast Air Basin. A detailed listingraising of best available control measuresfowl 

or animals for each fugitive dust source type shall be as contained in the most 

recent Rule 403 Implementation Handbook, now or hereafter adopted by the 

Governing Boardthe primary purpose of making a profit, providing a livelihood, 

or conducting agricultural research or instruction by an educational institution. 
403-2 AVAQMD Rule 403 

Fugitive Dust D3a, 02/24/10 

Agricultural Operations do not include activities involving the processing or 

distribution of crops or fowl. 

(4) BULK MATERIAL is sand(3) “Air Pollution Control Officer (APCO)” –

The person appointed to the position of Air Pollution Control Officer pursuant to 

the provisions of Health and Safety Code §40750 and his or her designee.

(4) “Anemometers” – Devices used to measure wind speed and direction.

(5) “Bulk Material” – Sand, gravel, soil, aggregate material less than two inches in 

length or diameter, and other organic or inorganic particulate matterParticulate 

Matter. 

(5) CHEMICAL STABILIZERS mean any (6) “Chemical Stabilizers” – Any nontoxic chemical dust suppressantDust Suppressant which must not be used if 

prohibited for use by the Regional Water Quality Control Boards, the California 

Air Resources Board, the United States Environmental Protection Agency, or any 

applicable law, rule or regulation; and should meet any specifications, criteria, or 

tests required by any federal, state, or local water agency. Unless otherwise 

indicated, the use of a non-toxic chemical stabilizerChemical Stabilizer shall be of 

sufficient concentration and application frequency to maintain a stabilized 

surfaceStabilized Surface. 

(6) CONSTRUCTION/DEMOLITION ACTIVITIES are any (7)

 “Construction/Demolition Activities” – Any on-site mechanical activities 

preparatory to or related to the building, alteration, rehabilitation, demolition or 

improvement of property, including, but not limited to the following activities; 

grading, excavation, loading, crushing, cutting, planing, shaping or ground 

breaking. 

(7) CONTINGENCY NOTIFICATION means that the U.S. EPA has determined and 

notified the District in writing that PM10 contingency requirements must be 

implemented based on a finding that: (1) PM10 and PM10 precursor emissions 

reductions were less than required at any three-year milestone reporting interval, 

or (2) the region failed to attain the PM10 standards within the time frames allotted 

under the Federal Clean Air Act, or (3) if as part of an Attainment/Maintenance 

Plan, the region is no longer in attainment of the PM10 standards

(8) CONTRACTOR means any “Contractor” – Any person who has a contractual 

arrangement to conduct an active operation for another person. 

(9) DISTURBED SURFACE AREA means a“Disturbed Surface Area” – A portion 

of the earth's surface which has been physically moved, uncovered, destabilized, 

or otherwise modified from its undisturbed natural soil condition, thereby 

increasing the potential for emission of fugitive dustFugitive Dust. This 

definition excludes those areas which have: 
AVAQMD Rule 403 403-3

Fugitive Dust D3a, 02/24/10 

(A) been a) Been restored to a natural state, such that the vegetative ground 

cover and soil characteristics are similar to adjacent or nearby natural 

conditions; 

(B) been b) Been paved or otherwise covered by a permanent structure; or 

(C) sustainedc) Sustained a vegetative ground cover over at least 9570

percent of an area for a period of at least 6six months.

(10) DUST SUPPRESSANTS are water, hygroscopic materials, or non-toxic chemical 

stabilizers used as a treatment material to reduce fugitive dust emissions“Dust 

Control Plan (DCP)” – A District-approved document that describes what 

measures will be taken at a location to comply with this rule, prepared in 

accordance with section (D). 

(11) EARTH-MOVING ACTIVITIES“Dust Suppressants” – Water, hygroscopic 

materials, or non-toxic Chemical Stabilizers used as a treatment material to reduce 

Fugitive Dust emissions. 

(12) “Earth-Moving Activities” – The use of any equipment for any activity where soil 

is being moved or uncovered, and shall include, but not be limited to, the 

following: grading, earth cutting and filling operations, loading or unloading of 

dirt or bulk materialsBulk Materials, adding to or removing from open storage 

piles of bulk materialsOpen Storage Piles of Bulk Materials, landfill operations, or 

weed abatement through disking, and soil mulching.

(12) FUGITIVE DUST means any solid particulate matter(13) “Fugitive Dust” –

Any solid Particulate Matter that becomes airborne, other than that emitted from 

an exhaust stack, directly or indirectly as a result of the activities of man. 

(13) INACTIVE DISTURBED SURFACE AREA means any disturbed surface area 

upon which active operations 14) “High Wind Conditions” – Instantaneous 

wind speeds (gusts) which exceed 25 miles per hour.

(15) “Inactive Disturbed Surface Area” – Any Disturbed Surface Area upon which 

Active Operations have not occurred or are not expected to occur for a period of 

ten 20 consecutive days. 

(14) LARGE OPERATIONS means any active operations on property which contains 

in excess of 100 acres of disturbed surface area; or any earth-moving operation 

which exceeds a daily earth-moving or throughput volume of 7,700 cubic meters 

(10,000 cubic yards) three times during the most recent 365-day period.

(15) MEDIUM OPERATIONS means any active operations on property which 

contains between 50 and 100 acres of disturbed surface area; or any earth-moving 

operation with a daily earth-moving or throughput volume of between 3,850 cubic 
403-4 AVAQMD Rule 403 

Fugitive Dust D3a, 02/24/10 

meters (5,000 cubic yards) and 7,700 cubic meters (10,000 cubic yards) three 

times during the most recent 365-day period.

(16) NON-ROUTINE means any “Non-Routine” – Any non-periodic active operation 

which occurs no more than three times per year, lasts less than 30 cumulative days 

per year, and is scheduled less than 30 days in advance. 

(17) OPEN STORAGE PILE is any “Open Storage Pile” – Any accumulation of bulk 

materialBulk Material with 5 five percent or greater siltSilt content which is not 

fully enclosed, covered or chemically stabilized, and which attains a height of 

three feet or more and a total surface area of 150 or more square feet. Silt content 

level is assumed to be 5five percent or greater unless a person can show, by 

sampling and analysis in accordance with ASTM Method C-136 or other 

equivalent method approved in writing by the Executive Officer APCO and the 

California Air Resources Board, that the siltSilt content is less than 5five percent. 

 The results of ASTM Method C-136 or equivalent method are valid for 60 days 

from the date the sample was taken. 

(18) PARTICULATE MATTER means any “Particulate Matter” – Any material, 

except uncombined water, which exists in a finely divided form as a liquid or 

solid at standard conditions. 

(19) PAVED ROAD means an“Paved Road” – An improved street, highway, alley, 

public way, or easement that is covered by typical roadway materials excluding 

access roadways that connect a facility with a public paved roadwayPaved Road

and are not open to through traffic. Public paved roadsPaved Roads are those 

open to public access and that are owned by any federal, state, county, municipal 

or any other governmental or quasi-governmental agencies. Private paved roads 

are any paved roads Paved Roads are any Paved Roads not defined as public. 

(20) PM10 is particulate matter“PM10” – Particulate Matter with an aerodynamic 

diameter smaller than or equal to 10 ten microns as measured by the applicable 

State and Federalstate and federal reference test methods. 

(21) PROPERTY LINE means the “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 lineProperty Line(s) shall refer to the 

boundaries dividing the areas of all sub-tenancies.

(22) REASONABLY AVAILABLE CONTROL MEASURES are appropriate 

techniques and procedures used to prevent or reduce the emission and airborne 

transport of fugitive dust, outside the boundaries of the South Coast Air Basin. 

These include, but are not limited to, application of dust suppressants, use of 
AVAQMD Rule 403 403-5

Fugitive Dust D3a, 02/24/10 

coverings or enclosures, paving, enshrouding, planting, reduction of vehicle 

speeds, and other measures as specified by the Executive Officer. A detailed

listing of reasonably available control measures for each fugitive dust source type 

shall be as contained in the most recent Rule 403 Implementation Handbook, now 

or hereafter adopted by the Governing Board.

(23) SILT means any “Silt” – Any aggregate material with a particle size less than 74 

micrometers in diameter which passes through a No. 200 Sievesieve. 

(24) SIMULTANEOUS SAMPLING means the (23) “Simultaneous Sampling” –

The operation of two PM10 samplers in such a manner that one sampler is started 

within five minutes of the other, and each sampler is operated for a consecutive 

period which must be not less than 290 minutes and not more than 310 minutes. 

(25) SOUTH COAST AIR BASIN means the non-desert portions of Los Angeles, 

Riverside, and San Bernardino counties and all of Orange County as defined in 

California Code of Regulations, Title 17, Section 60104. The area is bounded on 

the west by the Pacific Ocean, on the north and east by the San Gabriel, San 

Bernardino, and San Jacinto Mountains, and on the south by the San Diego county 

line. 

(26) STABILIZED SURFACE means:

(A) any disturbed surface area or open storage pile which 24) “Stabilized 

Surface” – Any previously Disturbed Surface Area or Open Storage Pile 

which, through the application of Dust Suppressants, shows visual or other 

evidence of surface crusting and is resistant to wind-driven fugitive dust; 

(B) any unpaved road surface in which any fugitive dust plume emanating from 

vehicular traffic does not exceed Wind-Driven Fugitive Dust and is demonstrated 

to be stabilized and where Visible Dust Emissions are limited to 20 percent 

opacity. Chemical treatment must be performed with a substance not disapproved 

for such use by the applicable Regional Water Quality Control Board.

(27) UNPAVED ROADS are any unsealed or unpaved (25) “Track-out” – Any 

Bulk Material that adheres to and agglomerates on the exterior surface of motor 

vehicles, haul trucks, and equipment (including tires) that have been released onto 

a paved road and can be removed by a vacuum sweeper or a broom sweeper under 

normal operating conditions. 

(26) “Unpaved Roads” – Any unsealed or earthen roads, equipment paths, or travel 

ways that are not covered by one of the following: concrete, asphaltic concrete, 

recycled asphalt, or asphalt. Public unpaved roads are any unpaved roadway 

owned by Federal, State, county, municipal or other governmental or quasigovernmental agencies. Private unpaved roads are all other unpaved roadways not 

defined as public.
403-6 AVAQMD Rule 403 

Fugitive Dust D3a, 02/24/10 

(27) “United States Environmental Protection Agency (USEPA)” – Refers to the 

Administrator or the appropriate designee of the United States Environmental 

Protection Agency. 

(28) VISIBLE ROADWAY DUST means any sand, soil, dirt, or other solid particulate 

matter which is “Visible Dust Emissions (VDE)” – Any dust emissions that are 

visible upon paved road surfaces and which can be removed by a vacuum sweeper 

or a broom sweeper under normal operating conditions.to an observer.

(29) WIND-DRIVEN FUGITIVE DUST means visible“Wind-Driven Fugitive Dust” –

Visible emissions from any disturbed surface area Disturbed Surface Area which 

is generated by wind action alone. 

(30) WIND GUST is the “Wind Gust” – The maximum instantaneous wind speed as 

measured by an anemometerAnemometer. 

(dC) Requirements 

(1) A person shall not cause or allow the emissions of fugitive dust from any active 

operation, open storage pile, or disturbed surface areaFugitive Dust from:

(a) Any Active Operation, Open Storage Pile, or Disturbed Surface Area such 

that the presence of such dust remains visible in the atmosphere beyond 

the property lineProperty Line of the emission source.; or

(2) A person conducting active operations within the boundaries of the South Coast 

Air Basin shall utilize one or more of the applicable best available control 

measures to minimize fugitive dust emissions from each fugitive dust source type 

which is part of the active operation. 

(3) A person conducting active operations outside the boundaries of the South Coast 

Air Basin may utilize reasonably available control measures in lieu of best 

available control measures to minimize fugitive dust emissions from each fugitive 

dust source type which is part of the active operation.

(4) A person shall not (b) Any applicable source such that the dust causes 20 

percent opacity or greater during each observation and the total duration of 

such observations (not necessarily consecutive) is a cumulative three 

minutes or more in any one hour. Only opacity readings from a single 

source shall be included in the cumulative total used to determine 

compliance. 

(2) A person shall not cause or allow PM10 levels to exceed 50 micrograms per cubic 

meter when determined, by simultaneous samplingSimultaneous Sampling, as the 

difference between upwind and downwind samples collected on high-volume 

particulate matterParticulate Matter samplers or other USEPA-approved 
AVAQMD Rule 403 403-7

Fugitive Dust D3a, 02/24/10 

equivalent method for PM10 monitoring. If sampling is conducted, samplers shall 

be: 

(A(a) Operated, maintained, and calibrated in accordance with 40 Code of 

Federal Regulations (CFR), Part 50, Appendix J, or appropriate USEPApublished documents for USEPA-approved equivalent method(s) for 

PM10. 

(Bb) Reasonably placed upwind and downwind of key activity areas and as 

close to the property lineProperty Line as feasible, such that other sources 

of fugitive dustFugitive Dust between the sampler and the property 

lineProperty Line are minimized. 

(5) Any person in the South Coast Air Basin shall:

(A) prevent or remove within one hour the track-out of bulk material onto 

public paved roadways as a result of their operations; or

(B) take at least one of the actions listed in Table 3 and:

(i) prevent the track3) Track-out of bulk material onto public paved roadways as a 

result of their operations and remove such material at anytime trackOperations 

(a) A person shall not allow Track-out extends for a cumulative 

distance of greater than 50 to extend 25 feet on to any paved public 

road during active operations; and 

(ii) remove all visible roadway dust tracked-out upon public paved roadways 

as a result of active operationsor more in cumulative length from the point 

of origin from an active operation. Notwithstanding the preceding, all 

Track-out from an active operation shall be removed at the conclusion of 

each work day when active operations ceaseworkday or evening shift.

(e) Contingency Requirements

When a contingency notification has occurred, the requirements of this subdivision shall 

become effective in the county subject to the notification 60 days after the first 

publication date in newspapers of general circulation in that county. Such publication 

shall specify that a contingency notification has occurred, and that any person who 

conducts or authorizes the conducting of a medium operation shall be required to comply 

with the provisions of subdivision (f), in addition to the requirements of subdivision (d). 

(f) Special Requirements for Large Operations, and Medium Operations Under 

a Contingency Notification
403-8 AVAQMD Rule 403 

Fugitive Dust D3a, 02/24/10 

(1) Any person who conducts or authorizes the conducting of either a large operation 

which is subject to the requirements of this rule, or a medium operation under a 

contingency notification as set forth in subdivision (e), shall either:

(A) take the actions specified in Tables 1 and 2 for each applicable source of 

fugitive dust within the property lines and shall: 

(i) notify the Executive Officer not more than 7 days after qualifying 

as a large operation or as a medium operation under a contingency 

notification;

(ii) include, as part of the notification, the items specified in 

subparagraphs (f)(3)(A) and (f) (3)(B);

(iii) maintain daily records to document the specific actions taken;

(iv) maintain such records for a period of not less than 6 months; and

(v) make such records available to the Executive Officer upon request; 

or

(B) obtain an approved fugitive dust emissions control plan (plan).

(2) Any person subject to paragraph (f)(1) who elects to obtain an approved fugitive 

dust emission control plan must submit the plan to the Executive Officer no later 

than 30 days after the activity becomes a large operation.

(3) Any plan prepared pursuant to subparagraph (f)(1)(B) shall include:

(A) The name(s), address(es), and phone number(s) of the person(s) 

responsible for the preparation, submittal, and implementation of the plan;

(B) A description of the operation(s), including a map depicting the location of 

the site;

(C) A listing of all sources of fugitive dust emissions within the property lines;

(D) A description of the required control measures as applied to each of the 

sources identified in subparagraph (f)(3)(C). The description must be 

sufficiently detailed to demonstrate that the applicable best available 

control measures or reasonably available control measures will be utilized 

and/or installed during all periods of active operations.

(4) In the event that there are special technical (e.g., non-economic) 

circumstances, including safety, which prevent the use (b) A person shall 

not conduct an Active Operation with a Disturbed Surface Area of five or 

more acres, or with a daily import or export of 100 cubic yards or more of 

Bulk Material without utilizing at least one of the measures listed in 

subparagraphs (C)(3)(b)(i) through (C)(3)(b)(v) at each vehicle egress 

from the site to a paved public road. 
AVAQMD Rule 403 403-9

Fugitive Dust D3a, 02/24/10 

(i) Install a pad consisting of washed gravel (minimum-size: one inch) maintained in 

a clean condition to a depth of at least one of the required control measure for any 

of the sources identified in subparagraph (f)(3)(C), a justification statement must 

be provided in lieu of the description required in subparagraph (f)(3)(D). The 

justification statement must explain the reason(s) why the required control 

measures cannot be implemented.

(5) Within 30 calendar days of the receipt of a plan submitted pursuant to 

subparagraph (f)(1)(B), the Executive Officer will either approve, conditionally 

approve, or disapprove the plan , in writing. For a plan to be approved or 

conditionally approved, three conditions must be satisfied:

(A) All sources of fugitive dust emissions must be identified (e.g., earthmoving, storage piles, vehicular traffic on unpaved roads, etc.).

(B) For each source identified,six inches and extending at least one of the 

required control measures must be implemented, or an acceptable 

justification statement pursuant to paragraph (f)(4) must be provided; and

30 feet wide and at least 50 feet long, 

(C) If, after implementation of the required control measures, visible dust 

emissions are crossing the property line(s), then high wind measures (e.g., 

increased watering) must be specified for immediate implementation.

(6) Conditional approval will be made if conditions are met, but the stated measures 

do not satisfactorily conform to the guidance contained in the applicable Rule 403 

Implementation Handbook. If a plan is conditionally approved, the conditions 

necessary to modify the plan will be provided in writing to the person(s) identified 

in subparagraph (f)(3)(A). Such modifications must be incorporated into the plan 

within 30 days of the receipt of the notice of conditional approval, or the plan 

shall be disapproved. A letter to the Executive Officer stating that such 

modifications will be incorporated into the plan shall be deemed (ii) Pave 

or apply chemical stabilization at sufficient to result in approval of the plan.

concentration and frequency to maintain a Stabilized Surface starting from 

the point of intersection with the public paved surface, and 

extending at least 100 feet and at least 20 feet wide, 

(7) If a plan is disapproved by the Executive Officer

(A) The reasons for disapproval shall be given to the applicant in writing.

(B) Within 7 days of the receipt of a notice of a disapproved plan, the 

applicant shall comply with the actions specified in Tables 1 and 2 for 

each applicable source of fugitive dust within the property lines.
403-10 AVAQMD Rule 403 

Fugitive Dust D3a, 02/24/10 

(C) The applicant may resubmit a plan at any time after receiving a 

disapproval notification, but will not be relieved of complying with 

subparagraph (f)(7)(B) until such time as the plan has been approved.

(8) Failure to comply with any of the provisions in an approved or conditionally 

approved plan shall be a violation of subdivision (f).

(9) Any approved plan(iii) Utilize a wheel shaker/wheel 

spreading device consisting of raised dividers (rails, pipe, or grates) 

at least 24 feet long and ten feet wide to remove Bulk Material 

from tires and vehicle undercarriages before vehicles exit the site, 

(iv) Install and utilize a wheel washing system to remove Bulk Material 

from tires and vehicle undercarriages before vehicles exit the site; 

or

(v) Any other control measure approved by the APCO and the USEPA 

as equivalent to the methods specified in subparagraphs 

(C)(3)(b)(i) through (C)(3)(b)(iv). 

(4) Earth-Moving Operations 

(a) A person shall not conduct an Active Operation of Construction, 

excavation, extraction and other Earth-Moving Activities with a Disturbed 

Surface Area of five or more acres, or with a daily import or export of 100 

cubic yards or more of Bulk Material without utilizing at least one of the 

measures listed for each of the operation stages specified in subparagraphs 

(C)(4)(a)(i) through (C)(4)(a)(iv).

(i) Pre-activity: 

a. Pre-water site sufficient to limit VDE to 20 percent opacity; 

and

b. Phase work to reduce the amount of Disturbed Surface 

Area at any one time

(ii) During Active Operations:

a. Apply water or chemical/organic stabilizers/suppressants 

sufficient to limit VDE to 20 percent opacity; 

b. Construct and maintain wind barriers sufficient to limit 

VDE to 20 percent opacity. If utilizing wind barriers, 

control measure (a) above shall also be implemented; or

c. Apply water or chemical/organic stabilizers/suppressants to 

unpaved haul/access roads and unpaved vehicle/equipment 
AVAQMD Rule 403 403-11

Fugitive Dust D3a, 02/24/10 

traffic areas sufficient to limit VDE to 20 percent opacity 

and meet the requirements of section (C)(9).

(iii) Temporary Stabilization During Periods of Inactivity:

a. Restrict vehicular access to the area; and

b. Apply water or chemical/organic stabilizers/suppressants, 

sufficient to limit VDE to 20 percent opacity, or to comply 

with the conditions of a Stabilized Surface. If an area 

having one-half acres or more of Disturbed Surface Area 

remains unused for seven or more days, the area must 

comply with the conditions for a Stabilized Surface area.

(iv) Any other control measures approved by the APCO and the 

USEPA as equivalent to the methods specified in subparagraphs 

(C)(4)(a)(i) through(C)(4)(a)(iii).

(5) Demolition Operations

(a) A person shall implement the requirements of (C)(5)(a)(i) through 

(C)(5)(a)(v) when using wrecking balls or other wrecking equipment to 

raze or demolish buildings:

(i) Apply sufficient water to building exterior surfaces and razed 

building materials to limit VDE to 20 percent opacity throughout 

the duration of razing and demolition activities; 

(ii) Apply sufficient Dust Suppressants to unpaved surface areas where 

materials from razing or demolition activities will fall, or where 

wrecking or hauling equipment will be operated, in order to limit 

VDE to 20 percent opacity; 

(iii) Handling, storage, and transport of Bulk Materials on-site or offsite resulting from the demolition or razing of buildings shall

comply with the requirements specified in section (C)(6); and 

(iv) Prevention and removal of carryout or Track-out on paved public 

access roads from demolition operations shall be performed in 

accordance with (C)(3).

(v) Any other control measures approved by the APCO and the 

USEPA as equivalent to the methods specified in subparagraphs 

(C)(5)(a)(i) through (C)(5)(a)(iv).

(6) Bulk Material Operations 

(a) No person shall conduct an active operation of handling Bulk Material 

with a daily import or export of 100 cubic yards or more of Bulk Material 

without utilizing at least one of the measures listed for each of the
403-12 AVAQMD Rule 403 

Fugitive Dust D3a, 02/24/10 

operation stages specified in subparagraphs (C)(6)(a)(i) through 

(C)(6)(a)(vi): 

(i) Handling of Bulk Materials:

a. When handling Bulk Materials, apply water or 

chemical/organic stabilizers/suppressants sufficient to limit 

VDE to 20 percent opacity; or

b. Construct and maintain wind barriers sufficient to limit 

VDE to 20 percent opacity and with less than 50 percent 

porosity. If utilizing fences or wind barriers, control 

measure (C)(6)(a)(i)[a.] shall also be implemented.

(ii) Storage of Bulk Materials:

a. When storing Bulk Materials, comply with the conditions 

for a Stabilized Surface; 

b. Cover Bulk Materials stored outdoors with tarps, plastic, or 

other suitable material and anchor in such a manner that 

prevents the cover from being removed by wind action; 

c. Construct and maintain wind barriers sufficient to limit 

VDE to 20 percent opacity and with less than 50 percent 

porosity. If utilizing fences or wind barriers, apply water or 

chemical/organic stabilizers/suppressants to limit VDE to 

20 percent opacity; 

d. Utilize a three-sided structure with a height at least equal to 

the height of the storage pile and with less than 50 percent 

porosity; or

e. Installation of wind breaks of such design so as to reduce 

maximum Wind Gusts to less than 25 miles per hour in the 

area of the Bulk Material deposits.

(iii) On-site Transporting of Bulk Materials:

a. Limit vehicular speed while traveling on the work site 

sufficient to limit VDE to 20 percent opacity; 

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

six inches when material is transported across any paved 

public access road sufficient to limit VDE to 20 percent 

opacity; 

c. Apply water to the top of the load sufficient to limit VDE 

to 20 percent opacity; or

d. Cover haul trucks with a tarp or other suitable cover.

(iv) Off-site Transporting of Bulk Materials:
AVAQMD Rule 403 403-13

Fugitive Dust D3a, 02/24/10 

a. Clean the interior of the cargo compartment or cover the 

cargo compartment before the empty truck leaves the site; 

b. Prevent spillage or loss of Bulk Material from holes or 

other openings in the cargo compartment’s floor, sides, 

and/or tailgate; and

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

six inches when material is transported on any paved public 

access road, and apply water to the top of the load sufficient

to limit VDE to 20 percent opacity; or cover haul trucks 

with a tarp or other suitable cover.

(v) Outdoor Transport of Bulk Materials With a Chute or Conveyor:

a. Fully enclose the chute or conveyor; 

b. Operate water spray equipment that sufficiently wets 

materials to limit VDE to 20 percent opacity; or

c. Wash separated or screened materials to remove conveyed 

materials having an aerodynamic diameter of ten microns 

or less sufficient to limit VDE to 20 percent opacity. 

(vi) Any other control measures approved by the APCO and USEPA as 

equivalent to the methods specified in subparagraphs (C)(6)(a)(i) 

through(C)(6)(a)(v).

(7) Disturbed Open Area of Three or More Acres 

(a) An owner/operator of an open area with a Disturbed Surface of three or 

more acres that has remained undeveloped, unoccupied, unused, or vacant 

for more than seven days shall do at least one of the following: 

(i) Apply and maintain water or Dust Suppressant(s) to all 

unvegetated areas sufficient to limit VDE to 20 percent opacity; 

(ii) Establish vegetation on all previously disturbed areas sufficient to 

limit VDE to 20 percent opacity; 

(iii) Pave, apply and maintain gravel, or apply and maintain 

chemical/organic stabilizers/suppressants sufficient to limit VDE 

to 20 percent opacity;

(iv) Upon evidence of trespass, prevent unauthorized vehicle access by 

posting “No Trespassing” signs or installing physical barriers such 

as fences, gates, posts, and/or other appropriate barriers to 

effectively prevent access to the area; or 

(v) Any other control measures approved by the APCO and the 

USEPA as equivalent to the methods specified in subparagraphs 

(C)(7)(a)(i) through(C)(7)(a)(iv).

(8) Unpaved Roads at Industrial or Commercial Facilities 
403-14 AVAQMD Rule 403 

Fugitive Dust D3a, 02/24/10 

(a) An owner/operator of an Unpaved Road at an industrial or commercial 

facility shall limit VDE to 20 percent opacity from the Unpaved Road 

segment by application and/or maintenance of at least one of the following 

control measures, or shall implement an APCO approved Dust Control 

Plan:

(i) Apply and maintain water or Dust Suppressant(s) sufficient to limit 

VDE to 20 percent opacity; 

(ii) Pave, apply and maintain gravel, or apply and maintain 

chemical/organic stabilizers/suppressants sufficient to limit VDE 

to 20 percent opacity;

(iii) Restrict vehicle speed to 15 miles per hour; or

(iv) Any other method that effectively limits VDE to 20 percent opacity 

and results in a stabilized Unpaved Road surface. 

(9) Unpaved Vehicle/Equipment Traffic Area 

(a) An owner/operator of an unpaved vehicle/equipment traffic area shall limit 

VDE to 20 percent opacity from the unpaved vehicle/equipment traffic 

area by application and/or maintenance of at least one of the following 

control measures, or shall implement an APCO approved Dust Control 

Plan:

(i) Apply and maintain water or Dust Suppressant(s) sufficient to limit 

VDE to 20 percent opacity; 

(ii) Pave, apply and maintain gravel, or apply and maintain 

chemical/organic stabilizers/suppressants sufficient to limit VDE 

to 20 percent opacity; 

(iii) Restrict vehicle speed to 15 miles per hour; 

(iv) An owner/operator shall restrict access and periodically stabilize a 

Disturbed Surface Area whenever a site becomes an Inactive

Disturbed Surface Area to comply with the conditions for a 

Stabilized Surface; or 

(v) Any other method that effectively limits VDE to 20 percent opacity 

and results in a Stabilized Surface. 

(10) A person performing Earth-Moving Activities during High Wind Conditions 

shall: 

(a) Cease all Active Operations; or

(b) Apply water to soil not more than 15 minutes prior to moving such soil to 

limit VDE to 20 percent opacity.

(11) The owner/operator of Disturbed Surface Areas during High Wind Conditions 

shall: 
AVAQMD Rule 403 403-15

Fugitive Dust D3a, 02/24/10 

(a) Apply water with a mixture of Chemical Stabilizer diluted to not less than 

1/20 of the concentration required to maintain a Stabilized Surface for a 

period of six months only on the last day of Active Operations prior to a 

weekend, holiday, or any other period when Active Operations will not 

occur for not more than four consecutive days; 

(b) Apply Chemical Stabilizers prior to high wind event; 

(c) Apply water to all unstabilized Disturbed Areas three times per day. 

Watering frequency should be increased to a minimum of four times per 

day if there is any evidence of visible Wind-Driven Fugitive Dust; 

(d) Establish a vegetative ground cover within 30 days after Active Operations 

have ceased. Ground cover must be of sufficient density to expose less 

than 30 percent of unstabilized ground within 90 days of planting, and at 

all times thereafter; 

(e) Apply Chemical Stabilizers within seven working days of grading 

completion; or

(f) Utilize any combination of control actions listed such that, in total, these 

actions apply to all Disturbed Surface Areas.

(12) Owners/operators of Unpaved Roads during high winds shall: 

(a) Apply Chemical Stabilizers prior to wind event;

(b) Apply water once per hour during active operation; or

(c) Stop all vehicular traffic.

(13) Owners/operators of Open Storage Piles during high winds shall: 

(a) Apply Chemical Stabilizers; 

(b) Apply water to at lest 70 percent of the surface area of all Open Storage 

Piles on a daily basis when there is evidence of Wind-Driven Fugitive 

Dust; 

(c) Install temporary coverings; or

(d) Install a three sided enclosure which will extend, at a minimum, to the top 

of the pile.

(14) Owners/operators of all categories during high winds shall: 
403-16 AVAQMD Rule 403 

Fugitive Dust D3a, 02/24/10 

(a) Use any other control measures approved by the APCO and the USEPA as 

equivalent to the methods specified in section (C).

(D) Dust Control Plan

(1) An owner/operator shall submit a Dust Control Plan (DCP) to the APCO prior to 

the start of any construction activity on any site that will include ten acres or more 

of Disturbed Surface Area for residential developments, or five acres or more of 

Disturbed Surface Area for non-residential development, or will include moving, 

depositing, or relocating more than 2,500 cubic yards per day of Bulk Materials on 

at least three days. Construction activities shall not commence until the APCO 

has approved or conditionally approved the DCP. An owner/operator shall 

provide written notification to the APCO within ten days prior to the 

commencement of Earth-Moving Activities via fax or mail. The requirement to 

submit a DCP shall apply to all such activities conducted for residential and nonresidential (e.g., commercial, industrial, or institutional) purposes or conducted by 

any governmental entity. 

(a) Install and maintain project signage with project contact prior to initiating 

any Earth-Moving Activities that;

(i) Identifies phone numbers for dust complaints; and

(ii) Meets minimum standards of Rule 403, Appendix “A”

(b) An owner/operator may submit one DCP covering multiple projects at 

different sites where construction will commence within the next 12 

months provided the DCP includes each project size, location, and types of 

activities to be performed. The DCP shall specify the expected start and 

completion date of each project.

(c) The DCP shall describe all Fugitive Dust control measures to be 

implemented before, during, and after any dust generating activity.

(d) A DCP shall contain all the information described in section (D)(1)(h)(i) 

through (D)(1)(h)(viii). The APCO shall approve, disapprove, or 

conditionally approve the DCP within ten days of DCP submittal. A DCP 

is deemed automatically approved if, after ten days following receipt by 

the District, the District does not provide any comments to the 

owner/operator regarding the DCP. 

(e) An owner/operator shall submit a copy of a DCP approval letter to the 

building and safety authority prior to issuance of a grading permit.

(f) An owner/operator shall retain a copy of an approved DCP at the project 

site. The approved DCP shall remain valid until the termination of all dust 

generating activities. Failure to comply with the provisions of an 
AVAQMD Rule 403 403-17

Fugitive Dust D3a, 02/24/10 

approved DCP is deemed to be a violation of this rule. Regardless of 

whether an approved DCP is in place or not, or even when the 

owner/operator responsible for the DCP is complying with an approved 

DCP, the owner/operator is still subject to comply with all requirements of 

Rule 403 at all times.

(g) An owner/operator shall maintain daily records to document the specific 

dust control actions taken, maintain such records for a period of not less 

than three years; and make such records available to the APCO upon 

request.

(h) A DCP shall contain all of the following information:

(i) Name(s), address(es), and phone number(s) of person(s) and 

owner(s)/operator(s) responsible for the preparation, submittal, and 

implementation of the DCP and responsible for the dust generating 

operation and the application of dust control measures.

(ii) A plot plan which shows the type and location of each project.

(iii) The total area of land surface to be disturbed, daily throughput 

volume of earthmoving in cubic yards, and total area in acres of the 

entire project site.

(iv) The expected start and completion dates of dust generating and soil 

disturbance activities to be performed on the site.

(v) The actual and potential sources of Fugitive Dust emissions on the

site and the location of Bulk Material handling and storage areas, 

paved and Unpaved Roads; entrances and exits where 

carryout/Track-out may occur; and traffic areas.

(vi) Dust Suppressants to be applied, including: product specifications; 

manufacturer’s usage instructions (method, frequency, and 

intensity of application); type, number, and capacity of application 

equipment; and information on environmental impacts and 

approvals or certifications related to appropriate and safe use for 

ground application.

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

control material carryout, Track-out, and sedimentation where 

unpaved and/or access points join paved public access roads. 

(viii) Identify a dust control supervisor that:

a. Is employed by or contracted with the property owner or 

developer;
403-18 AVAQMD Rule 403 

Fugitive Dust D3a, 02/24/10 

b. Is on the site or available on-site within 30 minutes during 

working hours;

c. Has the authority to expeditiously employ sufficient dust 

mitigation measures to ensure compliance with Rule 

requirements; and

d. Has completed the AVAQMD Fugitive Dust Control Class 

and has been issued a valid Certification of Completion for 

the class.

(i) Notify the APCO in writing within 30 days after the site no longer 

qualifies as an active operation. 

(j) Any approved DCP shall be valid for a period of one year from the date of 

approval or conditional approval of the plan. PlansDCP. DCPs must be 

resubmitted annually, at least 60 days prior to the expiration date, or the planDCP

shall become disapproved as of the expiration date. If all fugitive dustFugitive 

Dust sources and corresponding reasonably available control measures or special 

circumstances remain identical to those identified in the previously approved 

planDCP, the resubmittal may contain a simple statement of no-change. 

Otherwise, a resubmittal must contain all the items specified in subparagraphs 

(f)(3)(A through D).

D)(1)(h). 

(10) Any person subject to the requirements of paragraph (f)(1) who no longer 

exceeds, and does not expect to exceed for a period of at least one year, the 

criteria for a large operation or a medium operation under a contingency 

notification may request a reclassification as a non-large operation not subject to 

subparagraph (f). To obtain this reclassification, a person must submit a request 

in writing to the Executive Officer specifying the conditions which have taken 

place to reduce the disturbed surface area and/or the earth-moving or throughput 

conditions to levels below the criteria for large operations. A person must further 

indicate that the criteria for large operations are not expected to be exceeded 

during the subsequent 12-month period. The Executive Officer shall either 

approve or disapprove the reclassification within 60 days from receipt of the 

reclassification request. The Executive Officer will disapprove the request if the 

indicated changes can not be verified to be below the criteria for large operations 

or a medium operation under a contingency notification. If approved, the person 

shall be relieved of all requirements under subdivision (f). Any person so 

reclassified would again be subject to the requirements of subdivision (f) if at any 

time subsequent to the reclassification the criteria for large operations or a 

medium operation under a contingency notification are met.

(11) A person responsible for more than one operation subject to subparagraph (f) at 

non-contiguous sites may submit one plan covering multiple sites provided that:
AVAQMD Rule 403 403-19

Fugitive Dust D3a, 02/24/10 

(A) the contents of the plan apply similarly to all sites; and

(B) specific information is provided for each site, including, map of site 

location, address, description of operations, and a listing of all sources of 

fugitive dust emissions within the property lines.

(gE) Compliance Schedule 

All the newly amended provisions of this rule shall become effective upon adoption of 

this Rule Amendment. Pursuant to subdivision (f), any fugitive dust emission control 

plan which has been approved or conditionally approved prior to the date of adoption of 

these amendments shall remain in effect and the plan approval date and annual 

resubmittal date shall remain unchanged. If any changes to such plans are necessary as a 

result of these amendments, such changes shall not be required until the annual 

resubmittal date, pursuant to paragraph (f)(9)rule amendment. 

(h)F) Exemptions 

(1) The provisions of this rule shall not apply to:

(Aa) Agricultural operations outside the boundaries of the South Coast Air 

Basin and agricultural operations conducted within the boundaries of the 

South Coast Air Basin provided that the combined disturbed surface area 

is less than 10 acres.Operations. 

(B) Agricultural operations within the South Coast Air Basin, until December 

31, 1998, whose combined disturbed surface area includes more than 10 

acres. All provisions of this Rule shall become applicable to agricultural 

operations exceeding 10 acres beginning January 1, 1999 unless the person 

responsible for such operations: 

(i) Submits a soil erosion control plan which includes best 

management practices for reducing PM10 emissions by September 

1, 1998 and obtains approval of the soil erosion control plan in 

writing from the Executive Officer prior to December 31, 1998; 

and

(ii) Implements all provisions of the soil erosion control plan within 30 

days after receipt of the approved plan by the Executive Officer. 

(C) Any disturbed surface area(b) Unpaved Roads not part of an industrial or 

commercial facility. 

(c) Any Disturbed Surface Area less than one-half (1/2) acre on property 

zoned for residential uses. 
403-20 AVAQMD Rule 403 

Fugitive Dust D3a, 02/24/10 

(D)d) Active operationsOperations conducted during emergency life-threatening 

situations, or in conjunction with any officially declared disaster or state of 

emergency. 

(Ee) Active operationsOperations conducted by essential service utilities to 

provide electricity, natural gas, telephone, water and sewer during periods 

of service outages and emergency disruptions. 

(F)f) Any contractorContractor subsequent to the time the contract ends, 

provided that such contractorContractor implemented the required control 

measures during the contractual period. 

(Gg) Any grading contractorContractor, for a phase of active operationsActive 

Operations, subsequent to the contractual completion of that phase of 

earth-moving activities, Earth-Moving Activities, provided that the 

required control measures have been implemented during the entire phase 

of earth-moving activitiesEarth-Moving Activities, through and including 

five days after the final grading inspection. 

(H)h) Weed abatement operations ordered by a county agricultural commissioner 

or any state, county, or municipal fire department, provided that: 

(i) mowingMowing, cutting or other similar process is used which 

maintains weed stubble at least three inches above the soil; or

and

(ii) any discing(ii) Any disking or similar operation which cuts into 

and disturbs the soil, where watering is used and meets the 

following conditions:

[prior to initiation of these activities, and a] A determination is 

made by the agency issuing agency of the weed abatement 

order that, due to fire hazard conditions, rocks, or other 

physical obstructions, it is not practical to meet the 

conditions specified in clause(h)(1)(H)(i) and

[b] Such determination is made in writing and provided to the 

person conducting the weed abatement operation prior to 

beginning such activity; and

[c] Such written determination is provided to the Executive 

Officer upon request from the person conducting the weed 

abatement operation.

(Note:(F)(1)(h)(i). The provisions of this clause (h)(1)(H)(ii) doshall not 

exempt the owner of any property from controlling fugitive dust 

emissions emanating from disturbed surface areasstabilizing 

Disturbed Surface Areas which have been created as a result of the 

weed abatement actions.) 
AVAQMD Rule 403 403-21

Fugitive Dust D3a, 02/24/10 

(2) The provisions of paragraphs (d)(1) and (d)(4) shall not apply:

(A) When wind gusts exceed 25 miles per hour, provided that:

(i) The required control measures for high wind conditions are 

implemented for each applicable fugitive dust source type, as 

specified in Table 1, and;

(ii) Records are maintained in accordance with clauses (f)(1)(A)(iii), 

(f)(1)(A)(iv) and (f)(1)(A)(v); and

(iii) In the event there are technical (e.g., non-economic) reasons, 

including safety, why any of the required control measures in Table 

1 cannot be implemented for one or more fugitive dust source 

categories, a person submits a "High Wind Fugitive Dust Control 

Plan" (HW-Plan). The HW-Plan must further provide an 

alternative measure of fugitive dust control, if technically feasible. 

 Such plan will be subject to the same approval conditions as 

specified in subparagraphs (f)(5) and (f)(6);

(B) To unpaved roads, provided such roads:

(i) are used solely for the maintenance of wind-generating equipment; 

or meet all of the following criteria:

[a] are less than 50 feet in width at all points along the 

road;

[b] are within 25 feet of the property line; and

[c] have a traffic volume less than 20 vehicle-trips per day.

(C) To any active operation, open storage pile, or disturbed surface area for 

which necessary fugitive dust preventive or mitigative actions are in 

conflict with the federal Endangered Species Act.

(D) To non-routine or emergency maintenance of flood control channels and 

water spreading basins.

(3) The provisions of paragraphs (d)(1), (d)(2), and (d)(4) shall not apply to:

(A) Blasting operations which have been permitted by the California Division 

of Industrial Safety; and

.

(Bj) Motion picture, television, and video production activities when dust 

emissions are required for visual effects. In order to obtain this 

exemption, the Executive OfficerAPCO must receive notification in 
403-22 AVAQMD Rule 403 

Fugitive Dust D3a, 02/24/10 

writing at least 72 hours in advance of any such activity and no nuisance 

results from such activity. 

(42) The provisions of paragraph (d)(paragraphs (C)(1) through (C)(14) shall not apply

if the dust control actions, as specified in Table 2, are implemented on a routine 

basis for each applicable fugitive dust source type. To qualify for this exemption, 

a person must: 

(A) maintain(a) When high winds exceed 25 miles per hour, provided that:

(i) The required control measures for High Wind Conditions are 

implemented for each applicable Fugitive Dust source type, as 

specified in section (C)(10) through (C)(14); 

(ii) Maintain daily records to document the dates of active operations, 

all applicable fugitive dust source types, and thespecific actions 

taken consistent with Table 2; 

(B) retain(iii) Maintain such records for a period of at least not 

less than six months; and

(C) make(iv) Make such records available to the Executive 

OfficerAPCO upon request. 

(5b) To Unpaved Roads, provided such roads:

(i) Are used solely for the maintenance of wind-generating equipment; 

or 

(ii) Meet all of the following criteria:

a. Are less than 50 feet in width at all points along the road;

b. Are within 25 feet of the Property Line; and

c. Have a traffic volume less than 20 vehicle-trips per day.

(c) To any Active Operation, Open Storage Pile, or Disturbed Surface Area 

for which necessary Fugitive Dust preventive or mitigative actions are in 

conflict with the federal Endangered Species Act.

(d) To Non-routine or emergency maintenance of flood control channels and 

water spreading basins.

(4) The provisions of paragraph (d)(5)section (C)(3) shall not apply to earth coverings 

of public paved roadwaysPaved Roads where such coverings are approved by a 

local government agency for the protection of the roadway, and where such 

coverings are used as roadway crossings for haul vehicles. 

(65) The provisions of subdivision (f)section (D) shall not apply to: 
AVAQMD Rule 403 403-23

Fugitive Dust D3a, 02/24/10 

(A) officiallya) Officially-designated public parks and recreational areas, 

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

state recreational areas, and county regional parks; 

(B) any construction and/or earth-moving activity in which the completion 

date is expected to be less than 60 days after the beginning date. To 

qualify for this exemption, a person must:

(i) notify the Executive Officer not more than 7 days after qualifying 

as a large operation or a medium operation under a contingency 

notification;

(ii) include, as part of the notification, the items specified in 

subparagraphs (f)(3)(A) and (f)(3)(B); and

(iii) take the actions specified in Tables 1 and 2 at such time as the 

construction and/or earth-moving activities extend more than 60 

days after qualifying as a large operation or a medium operation 

under a contingency notification.

(C) any large operation or a medium operation under a contingency 

notification which is required to submit a dust control plan to any city or 

county government which has adopted a District-approved dust control 

ordinance. To qualify for this exemption, a person must submit a copy of 

the city- or county-approved dust control plan to the Executive Officer

within 30 days of the effective date of this rule or within 30 days of 

receiving approval from the city or county government, whichever is later.

(D) any large operation or a medium operation under a contingency 

notification subject to Rule 1158, which has an approved dust control plan 

pursuant to Rule 1158, provided that all sources of fugitive dust are 

included in the Rule 1158 plan.

(iG) Fees 

(1) Any person subject to a planDust Control Plan submittal pursuant to subparagraph 

(f)(1)(B) or clause (h)(2)(A)(iii) or subparagraph (h)(1)(B)section (D) shall be 

assessed applicable filing and evaluation fees pursuant to Rule 306. Any person 

who simultaneously submits a plan pursuant to subparagraph (f)(1)(B) and clause 

(h)(2)(A)(iii) shall, for the purpose of this rule, be deemed to submit one plan.

(2) The submittal of an annual statement of no-change, pursuant to paragraph 

(f)(9)section (D)(1)(i), shall not be considered as an annual review, and therefore 

shall not be subject to annual review fees, pursuant to Rule 306. 
403-24 AVAQMD Rule 403 

Fugitive Dust D3a, 02/24/10 

(3) The owner/operator of any facility for which the Executive OfficerAPCO

conducts upwind/downwind monitoring for PM10 pursuant to paragraph 

(d)(4section (C)(2) shall be assessed applicable Ambient Air Analysis Fees 

pursuant to Rule 304.1. Applicable fees shall be waived for any facility which is 

exempted from paragraph (d)(4) or meets the requirements of paragraph (d)(4).

[SIP: Submitted as amended mm/dd/yy on mm/dd/yy; Submitted as amended 2/14/97 on 

8/1/97; Submitted as amended 7/9/93 on 7/13/94; Approved 9/8/78, 43 FR 40011, 40 

CFR 52.220(c)(39)(iii)(C); Approved 6/14/78, 43 FR 25684, 40 CFR 

52.220(c)(32)(iv)(A)] 
TABLE 1 

BEST [REASONABLY]*

 AVAILABLE CONTROL MEASURES 

FOR HIGH WIND CONDITIONS 

AVAQMD Rule 403 403-25

Fugitive Dust D3a, 2/24/10 

Appendix “A”

CONSTRUCTION SITE SIGNAGE GUIDELINES

(Minimum Requirements)

The purpose of this signage is to allow the public to contact the responsible party if 

Visible Dust Emissions or Track-out of material is observed from a construction site.

Fugitive Dust 

Source CategoryProject 

size

Control Measures≥ Ten Acres

Earth-moving (1A) Cease all active operations, OR

(2A) Apply water to soil not more than 15 minutes prior to 

moving such soil.

Disturbed surface 

areas

(0B) On the last day of active operations prior to a weekend, 

holiday, or any other period when active operations will not 

occur for not more than four consecutive days: apply water 

with a mixture of chemical stabilizer diluted to not less than 

1/20 of the concentration required to maintain a stabilized 

surface for a period of six months; OR

(1B) Apply chemical stabilizers prior to wind event, OR

(2B) Apply water to all unstabilized disturbed areas 3 times per 

day. If there is any evidence of wind driven fugitive dust, 

watering frequency is increased to a minimum of four times 

per day ; OR

(3B) Take the actions specified in Table 2, Item (3c); OR

(4B) Utilize any combination of control actions (1B), (2B), and 

(3B) such that, in total, these actions apply to all disturbed 

surface areas.

Unpaved roads (1C) Apply chemical stabilizers prior to wind event, OR

(2C) Apply water twice [once] per hour during active operation, 

OR

(3C) Stop all vehicular traffic

Open storage piles (1D) Apply water twice [once] per hour, OR

(2D) Install temporary coverings

Paved road track-out (1E) Cover all haul vehicles; OR

(2E) Comply with the vehicle freeboard requirements of Section 

23114 of the California Vehicle Code for both public and 

private roads.

All Categories (1F) Any other control measures approved by the Executive 

Officer and the U.S. Environmental Protection Agency as 

equivalent to the methods specified in Table 1 may be used.

*Measures in [brackets] are reasonable available control measures and only apply to sources not

within the South Coast Air Basin.
403-26 AVAQMD Rule 403 

Fugitive Dust D3a, 02/24/10 

Fugitive Dust 

Source Category Control Actions

Earth-moving (except 

construction cutting and 

filling areas, and mining 

operations)

(1a) Conduct watering as necessary to prevent visible 

emissions from extending more than 100 feet beyond 

the active cut or mining area unless the area is 

inaccessible to watering vehicles due to slope 

conditions or other safety factors.

(1a-1) Apply dust suppression in sufficient quantity and 

frequency to maintain a stabilized surface. Any areas 

which cannot be stabilized, as evidenced by wind 

driven fugitive dust must have an application of water 

at least twice per day to at least 80 [70] percent of the 

unstabilized area

(1b) Apply chemical stabilizers within five working days of 

grading completion; OR

(1c) Take actions (3a) or (3c) specified for inactive 

disturbed surface areas.

Disturbed surface areas 

(except completed grading 

areas)

(2a/b) Apply water to at least 80 [70] percent of all inactive 

disturbed surface areas on a daily basis when there is 

evidence of wind driven fugitive dust, excluding any 

areas which are inaccessible to watering vehicles due 

to excessive slope or other safety conditions; OR

Disturbed surface areas; 

Completed grading areas

(2c) Apply dust suppressants in sufficient quantity and 

frequency to maintain a stabilized surface; OR

(2d) Establish a vegetative ground cover within 21 [30]

days after active operations have ceased. Ground 

cover must be of sufficient density to expose less than 

30 percent of unstabilized ground within 90 days of

planting, and at all times thereafter; OR

Inactive disturbed surface 

areas

(3a) Utilize any combination of control actions (3a), (3b), 

and (3c) such that, in total, these actions apply to all 

inactive disturbed surface areas.

(3b) Apply dust suppressants in sufficient quantity and 

frequency to maintain a stabilized surface; OR

(3c) Establish a vegetative ground cover within 21 [30]

days after active operations have ceased. Ground 

cover must be of sufficient density to expose less than 

30 percent of unstabilized ground within 90 days of

planting, and at all times thereafter; OR

(3d) Utilize any combination of control actions (3a), (3b), 

and (3c) such that, in total, these actions apply to all 

inactive disturbed surface areas.

Unpaved Roads (4a) Water all roads used for any vehicular traffic at least 
AVAQMD Rule 403 403-27

Fugitive Dust D3a, 02/24/10 

Fugitive Dust 

Source Category Control Actions

once per every two hours of active operations [3 times 

per normal 8 hour work day]; OR

(4b) Water all roads used for any vehicular traffic once 

daily and restrict vehicle speeds to 15 miles per hour; 

OR

(4c) Apply a chemical stabilizer to all unpaved road 

surfaces in sufficient quantity and frequency to 

maintain a stabilized surface.

Open storage piles (5a) Apply chemical stabilizers; OR

(5b) Apply water to at least 80 [70] percent of the surface 

area of all open storage piles on a daily basis when 

there is evidence of wind driven fugitive dust; OR

(5c) Install temporary coverings; OR

(5d) Install a three-sided enclosure with walls which 

extend, at a minimum, to the top of the pile.

All Categories (6a) Any other control measures approved by the Executive 

Officer and the U.S. Environmental Protection Agency 

as equivalent to the methods specified in Table 2 may 

be used.

*Measures in [brackets] are reasonable available control measures and only apply to sources not 

within the South Coast Air Basin.

CONTROL OPTIONS

(1) Pave or apply chemical stabilization at sufficient concentration and frequency to 

maintain a stabilized surface starting from the point of intersection with the public paved 

surface, and extending for a centerline distance of at least 100 feet and a width of at least 

20 feet.

(2) Pave from the point of intersection with the public paved road surface, and extending for 

a centerline distance of at least 25 feet and a width of at least 20 feet, and install a trackout control device immediately adjacent to the paved surface such that exiting vehicles 

do not travel on any unpaved road surface after passing through the track-out control 

device

(3) Any other control measures approved by the Executive Officer and the U.S. 

Environmental Protection Agency as equivalent to the methods specified in Table 3 may 

be used.

Sign size 48” x 96”

Sign Template
A-28 AVAQMD Rule 403 

Staff Report, D3 2/25/10

Permit # ( if applicable) 4”

Site Name 4”

Project Name / Tract # # # # 4”

IF YOU SEE DUST COMING 

FROM THIS PROJECT CALL 4”

Name, Phone Number(XXX) XXX-XXXX 6”

If you do not receive a response, Please call

The Antelope Valley AQMD at 1-877-723-8070 3”

Notes: 

Signage must be located within 50 feet of each project site entrance.

No more than four signs are required per site/facility.

One sign is sufficient for multiple site entrances located within 300 yards of each other. 

Text height shall be at a minimum as shown on right side of sign template above.

Sign background must contrast with lettering, typically black text with white background.

Sign should be one inch AC laminated plywood board.

The lower edge of the sign board must be a minimum of six feet and a maximum of seven 

feet above grade.

The telephone number listed for the contact must be a local or a toll-free number 

and shall be accessible 24 hours per day.
AVAQMD Rule 403 B-1

Final Staff Report, 5/5/2010

APPENDIX "B" 

PUBLIC NOTICE DOCUMENTS

1. Proof of Publication for Notice of Public Hearing – Antelope Valley Press 
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B-3

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AVAQMD Rule 403 C-1

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APPENDIX "C" 

PUBLIC COMMENTS AND RESPONSES

1. LA County Department of Public Works email comment, subject: FW: 403 Draft, 

8/10/2009. 

2. ARB Staff Rule Review Comments 8/13/2009. 

3. LA County Department of Public Works email comment, subject: LACSD Comments on 

PAR 403-Fugitive Dust 
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1 

2 
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AVAQMD Rule 403 C-5

Final Staff Report, 5/5/2010 

District response to comment letter 1 

1. Demolition Activities was placed under a new subsection. See Section (C)(6). 

2. The new subsections in proposed rule were taken from SJVAPCD Rule 8031. The 

District was required to evaluate the provisions of this rule and incorporate the provisions 

as determined to be cost effective pursuant to H&S Code §39614(d). The District 

determined these measures to be cost effective and have kept provisions from SJVAPCD 

Rule 8031. 
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C-7

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1 

2 

3 

4 

5 
AVAQMD Rule 403 C-9

Final Staff Report, 5/5/2010 

District response to comment letter 2 

1. A definition was added for track-out derived from SCAQMD Rule 403 section (c)(32). 

2. Clarification added as recommended in comment. 

3. Rule citation was corrected as noted. 

4. Clarification added as recommended in comment. 

5. Rule citation was corrected as noted. 
C-10 AVAQMD Rule 403 

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1 

3 

2 
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District response to comment letter 3 

1. Yes, this section does require applying water or stabilizers/suppressants if wind barriers 

do not limit VDE to 20 percent opacity. 

2. The intent of the Rule is to require a Dust Control Plan if Bulk Material handling occurs 

for three or more days regardless of the time frame. 

3. The intent of this section is to exempt unpaved roads that are within 25 feet of the 

property line as the requirements of sections (C)(1)(a) and (C)(2)(b) could not be met 

with and unpaved road in close proximity to the property line. 
C-14 AVAQMD Rule 403 

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APPENDIX "D" 

CALIFORNIA ENVIRONMENTAL QUALITY ACT 

DOCUMENTATION

1. Notice of Exemption - LA County 
D-2 AVAQMD Rule 403 

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D-3

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APPENDIX "E" 

COST EFECTIVENESS ANALYSIS
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Cost Effectiveness Summary 

Bulk Material Storage - Petroleum Emulsion 9,421,128 $ 

Bulk Material Storage - Magnesium Chloride 5,972,420 $ 

Bulk Material Handling - Petroleum Emulsion 150,100 $ 

Open Areas - Water $ 117,375

Bulk Material Handling - Magnesium Chloride 95,154 $ 

Bulk Material Storage - Water 90,304 $ 

Carryout and Trackout - Manual Sweeping 12,981 $ 

Paving Shoulders $ 8,705

Curbs and Gutters $ 8,190

Bulk Material Handling - Water 4,686 $ 

Unpaved Traffic Areas - Petroleum Emulsion 3,547 $ 

Unpaved Traffic Areas - Water 3,415 $ 

Unpaved Roads - Paving $ 3,144

Unpaved Traffic Areas - Paving 2,867 $ 

Carryout and Trackout - Vehicle Sweeping 2,633 $ 

Unpaved Traffic Areas - Gravel 2,592 $ 

Unpaved Roads - Petroleum Emulsion 1,978 $ 

Unpaved Traffic Areas - Magnesium Chloride 1,776 $ 

Unpaved Roads - Gravel $ 1,419

Unpaved Roads - Water $ 1,379

Unpaved Roads - Magnesium Chloride $ 1,305

Residential Construction - Water 272 $ 

Carryout and Trackout - Wheel Spreader/Shaker 49 $ 

Carryout and Trackout - Gravel Pad 5 $ 

Carryout and Trackout - Stabilized Pad 4 $ 
E-4 AVAQMD Rule 403 

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Residential Construction 

Uncontrolled Control 1

No Water Water

Operational Days 365 365Project Size 20 20Project Duration (acre-month) 240 240Year of estimate 2009 2009Application Rate (ac/hr) 2.9 2.9Application Rate per unit area (gal/ac) 629Application Time (hours) 82.8Suppressant Unit Cost $ 0.002Suppressant Cost $ 302Total Equipment & Labor Costs $ 13,241Total Capital Cost of Control $ 13,543Project Capital Cost (2009 $) $ 13,543CRF (project term @ 4%) 0.53Annualized Capital Cost (2009 $) $ 7,181Operations and Maintenance CostsEquivalent Project O&M (2009 $) $ - DCF O&M Costs (2009 $) $ - Emissions

Emission Factor (lb/acre-month) 440 440PM (tpy) 53 53

Control Efficiency (%) 50%Emission Reduction (tons/year) 26.40

Cost Effectiveness

AverageCost Effectiveness ($/ton) $ 272Notes:Water truck and operator cost assumed to be $160 per hourOther assumptions from SJVAPCD Reg VIII staff reportO&M cost calculated using real interest rate of 4% at 15 years as Discounted Cash Flow Factor (SCAQMD method)Annual inflation rate of 3% used to adjust to current year (2009 dollars)
E-6 

F

Uncontrolled Control 1 Control 2 Control 3 Control 4 

No Water Water Gravel

Petroleum 

Emulsion

Magnesium 

Chloride 

Operational Days 220 220 220 220 220 Effective Lifetime of Treatment (years) 0.0045 5 1 1 Traffic Area (acres) 1.0 1.0 1.0 1.0 1.0 Annual Average Traffic (trips/day) 150 150 150 150 150 Year of estimate 2009 2009 2000 2000 2000 Application Rate (ac/hr) 2.9 2.9 0.5 1 3Application Rate per unit area (gal/ac) 629Suppressant Unit Cost $ 0.002

Suppressant Cost $ 15,000 1 $ 6,600 $ 1,333 $ 

$ 

Total Equipment & Labor Costs $ 1,167 55 $ 

Total Capital Cost of Control $ 15,000 56 $ 6,600 $ 2,500 $ 

$ 

Project Capital Cost (2009 $) $ 19,572 56 $ 8,612 $ 3,262 $ 

$ 

CRF (project term @ 4%) 226.66 0.22 1.04 1.04 Annualized Capital Cost (2009 $) $ 4,396 12,790 $ 8,956 $ 3,392 $ 

$ 

Operations and Maintenance Costs $ 500 500 $ 500 $ 

$ 

Equivalent Project O&M (2009 $) $ 652 - $ 652 $ 652 $ 

$ 

DCF O&M Costs (2009 $) $ 7,253 - $ 7,253 $ 7,253 $ 

$ 

Emissions

Emission Factor (lb/VMT) 2.27 2.27 2.27 2.27 2.27 PM (tpy) 7.49 7.49 7.49 7.49 7.49 Control Efficiency (%) 50% 60% 61% 80% Emission Reduction (tons/year) 3.75 4.49 4.57 5.99 

Cost Effectiveness

AverageCost Effectiveness ($/ton) $ 2,592 3,415 $ 3,547 $ 1,776 $ 

$ 

Unpaved Traffic Areas
AVAQMD Rule 403 

Final Staff Report, 5/5/2010 

Notes for Unpaved Traffic Areas 

Notes:Average vehicle trip length conservatively assumed to be 0.2 mileWater truck and operator cost assumed to be $160 per hourNumbers for Chemical Stabilization from LA Co. and are 1999 valuesRoad paving cost provided by Los Angeles County Department of Public Works ($820,000 per mile of 26' road, 4" asphalt oRoad paving cost equivalent to $5.97 per square footNumbers for other controls taken from SJVAPCD staff report and are 2000 valuesWhen not specified, equipment and labor costs are included in the overall capital estimateO&M cost calculated using real interest rate of 4% at 15 years as Discounted Cash Flow Factor (SCAQMD method)

Annual inflation rate of 3% used to adjust to current year (2009 dollars)
E-8 

F

Uncontrolled Control 1 Control 2 Control 3

No Water Water

Petroleum 

Emulsion

Magnesium 

Chloride

Project Size (acres) 0.078 0.078 0.078 0.078Active Days 65 65 65Duration of Treatment (years) 0.015 0.015 0.015Year of estimate 2009 2009 150 150Application Rate (ac/hr) 2.9 2.9 2000 2000Application Rate per unit area (gal/ac) 629 1 3Application Time (hours) 0.0Suppressant Unit Cost $ 0.002

Suppressant Cost $ 172 0 $ 52 $ 

Total Equipment & Labor Costs $ 91 4 $ 

Total Capital Cost of Control $ 172 4 $ 143 $ 

Project Capital Cost (2009 $) $ 224 4 $ 187 $ 

CRF (project term @ 4%) 68.01 68.01 68.01Annualized Capital Cost (2009 $) $ 15,263 299 $ 12,690 $ 

Operations and Maintenance CostsEquivalent Project O&M (2009 $) $ - - $ 

DCF O&M Costs (2009 $) $ - - $ 

Emissions

Emission Factor (lb/acre-year) 170 170 2.27 2.27PM (tpy) 0.007 0.007 0.00 0.00Control Efficiency (%) 50% 61% 80%Emission Reduction (tons/year) 0.003 0.00 0.00

Cost Effectiveness

AverageCost Effectiveness ($/ton) $ 9,421,128 90,304 $ 5,972,420 $ 

Notes:Water truck and operator cost assumed to be $160 per hourOther assumptions from SJVAPCD Reg VIII staff reportO&M cost calculated using real interest rate of 4% at 15 years as Discounted Cash Flow Factor (SCAQMD method)Annual inflation rate of 3% used to adjust to current year (2009 dollars)

Bulk Material Storage
AVAQMD Rule 403 

Final Staff Report, 5/5/2010 

Uncontrolled Control 1 Control 2 Control 3 Control 4 

Manual 

Sweeping

Vehicle 

Sweeping

Gravel Pad

Stabilized Pad

WShSp

Affected Area (square feet) 2000 2000 2000 1500 2000Active Days 200 200 200 200 200 Duration of Treatment (years) 2 2 2 2 0.5 Vehicle Traffic (trips/day) 150 150 150 150 150 Year of estimate 2009 2000 2009 2000 2000 Sweeping Rate (ac/hr) 0.05 2Application Time (hours) 0.9 0.0Materials Cost $ 45.91 172.18 $ 

$ 

Total Equipment & Labor Costs $ 5 9 $ 

Total Capital Cost of Control $ 1,837 3,673 $ 172.18 $ 45.91 $ 

$ 

Project Capital Cost (2009 $) $ 1,837 4,793 $ 225 $ 60 $ 

$ 

CRF (project term @ 4%) 0.53 0.53 0.53 2.06 Annualized Capital Cost (2009 $) $ 974 2,541 $ 119 $ 123 $ 

$ 

Operations and Maintenance CostsEquivalent Project O&M (2009 $)DCF O&M Costs (2009 $)

Emissions

Emission Factor (lb/ton handled) 0.029 0.029 0.029 0.029 0.029 PM (tpy) 0.435 0.435 0.435 0.435 0.435 Control Efficiency (%) 45% 85% 60 80 Emission Reduction (tons/year) 0.196 0.37 26.10 34.80 

Cost Effectiveness

AverageCost Effectiveness ($/ton) $ 2,633 12,981 $ 5 $ 4 $ 

$ 

Carryout Trackout
E-10 

F

Notes for Carryout Trackout 

Notes:Assumes 250,000 tons of material handled per yearWater truck and operator cost assumed to be $160 per hourManual sweeper cost $10 per hour (2000)Street sweeper assumed to cost $200 per hourWheel Spreader estimated to cost $100 per month rentalOther assumptions from SJVAPCD Reg VIII staff reportO&M cost calculated using real interest rate of 4% at 15 years as Discounted Cash Flow Factor (SCAQMD method)Annual inflation rate of 3% used to adjust to current year (2009 dollars)
AVAQMD Rule 403 

Final Staff Report, 5/5/2010 

Uncontrolled Control 1

No Water Water

Operational Days 365 365Project Size (acres) 5 5Year of estimate 2009 2009Number of Applications (per year) 9Application Rate (ac/hr) 2.9 2.9Application Rate per unit area (gal/ac) 629Application Time (hours) 1.7Suppressant Unit Cost $ 0.002

Suppressant Cost $ 57

Total Equipment & Labor Costs $ 2,483

Total Capital Cost of Control $ 2,539

Project Capital Cost (2009 $) $ 2,539

CRF (project term @ 4%) 1.04Annualized Capital Cost (2009 $) $ 2,641

Operations and Maintenance CostsEquivalent Project O&M (2009 $) $ - DCF O&M Costs (2009 $) $ - Emissions

Emission Factor (lb/acre-year) 18 18PM (tpy) 0.05 0.05Control Efficiency (%) 50%Emission Reduction (tons/year) 0.02

Cost Effectiveness

AverageCost Effectiveness ($/ton) $ 117,375

Notes:Water truck and operator cost assumed to be $160 per hourOther assumptions from SJVAPCD Reg VIII staff reportO&M cost calculated using real interest rate of 4% at 15 years as Discounted Cash Flow Factor (SCAQMD method)

Annual inflation rate of 3% used to adjust to current year (2009 dollars)

Open Areas
E-12 

F

Uncontrolled Control 1 Control 2 Control 3

No Water Water

Petroleum 

Emulsion

Magnesium 

Chloride

Project Size (acres) 0.078 0.078 0.078 0.078Active Days 200 200 200Duration of Treatment (years) 0.005 0.005 0.005Year of estimate 2009 2000 150 150Application Rate (ac/hr) 2.9 2.9 2000 2000Application Rate per unit area (gal/ac) 629 1 3Application Time (hours) 0.0Suppressant Unit Cost $ 0.002

Suppressant Cost $ 172 0 $ 52 $ 

Total Equipment & Labor Costs $ 91 4 $ 

Total Capital Cost of Control $ 172 4 $ 143 $ 

Project Capital Cost (2009 $) $ 224 6 $ 187 $ 

CRF (project term @ 4%) 203.99 203.99 203.99Annualized Capital Cost (2009 $) $ 45,781 1,172 $ 38,062 $ 

Operations and Maintenance CostsEquivalent Project O&M (2009 $) $ - - $ 

DCF O&M Costs (2009 $) $ - - $ 

Emissions

Emission Factor (lb/ton handled) 0.004 0.004 0.004 0.004PM (tpy) 0.500 0.500 0.500 0.500Control Efficiency (%) 50% 61% 80%Emission Reduction (tons/year) 0.250 0.31 0.40

Cost Effectiveness

AverageCost Effectiveness ($/ton) $ 150,100 4,686 $ 95,154 $ 

Notes:Assumes 250,000 tons of material handled per yearWater truck and operator cost assumed to be $160 per hourOther assumptions from SJVAPCD Reg VIII staff reportO&M cost calculated using real interest rate of 4% at 15 years as Discounted Cash Flow Factor (SCAQMD method)Annual inflation rate of 3% used to adjust to current year (2009 dollars)

Bulk Material Handling
AVAQMD Rule 403 

Final Staff Report, 5/5/2010 

Uncontrolled Control 1

Unpaved Shoulder

Paved 

Shoulder

Year of estimate 2003Cost Effectiveness ($/ton) $ 7,290

Current Year Cost Effectiveness (2009 $) 8,705 $ Notes:Based on SJVAPCD Rule 8061 EstimatesAnnual inflation rate of 3% used to adjust to current year (2009 dollars)

Paving Shoulder
E-14 

F

Uncontrolled Control 1

Open Road 

Edge

Curb and Gutter 

Road Edge

Year of estimate 1996Cost Effectiveness ($/ton) $ 5,577

Current Year Cost Effectiveness (2009 $) $ 8,190

Notes:Based on SCAQMD Rule 1186 EstimateAnnual inflation rate of 3% used to adjust to current year (2009 dollars)

Curbs and Gutters
AVAQMD Rule 403 

Final Staff Report, 5/5/2010 

Uncontrolled Control 1 Control 2 Control 3 Control 4 

Unpaved 

(graded) Water Gravel

Petroleum 

Emulsion

Magnsium 

Chloride 

Operational Days 365 365 365 365 365 Effective Lifetime of Treatment (years) 0.02 2 0.5 0.5 Road Segment Length (mi) 1 1 1 1 1 Road Width (feet) 25 25 25 25 25 Road Area (acres) 3.0 3.0 3.0 3.0 3.0 Annual Average Traffic (trips/day) 50 50 50 50 50 Year of estimate 2009 2009 2000 2000 2009 Application Rate (ac/hr) 3 2.9 0.5 1 3Application Rate per unit area (gal/ac) 629Suppressant Unit Cost $ 0.002

Suppressant Cost $ 15,000 4 $ 6,600 $ 2,000 $ 

$ 

Total Equipment & Labor Costs $ 3,500 167 $ 

Total Capital Cost of Control $ 15,000 171 $ 6,600 $ 7,800 $ 

$ 

Project Capital Cost (2009 $) $ 19,572 171 $ 8,612 $ 7,800 $ 

$ 

CRF (project term @ 4%) 51.01 0.53 2.06 2.06 Annualized Capital Cost (2009 $) $ 10,377 8,723 $ 17,738 $ 16,066 $ 

$ 

Operations and Maintenance Costs 500 $ 500 $ 500 $ 500 $ 500 $ 

$ 

Equivalent Project O&M (2009 $) 500 $ 500 $ 652 $ 652 $ 500 $ 

$ 

DCF O&M Costs (2009 $) $ 5,559 5,559 $ 7,253 $ 7,253 $ 5,559 $ 

$ 

Emissions

Emission Factor (lb/VMT) 2.27 2.27 2.27 2.27 2.27 PM (tpy) 20.71 20.71 20.71 20.71 20.71 Control Efficiency (%) 50% 60% 61% 80% Emission Reduction (tons/year) 10.36 12.43 12.64 16.57 

Cost Effectiveness

AverageCost Effectiveness ($/ton) $ 1,419 1,379 $ 1,978 $ 1,305 $ 

$ 

Incremental to gradingCost Effectiveness ($/ton) $ 971 842 $ 1,538 $ 970 $ 

$ 

Unpaved Roads
E-16 

F

Notes for Unpaved Roads 

Notes:Water truck and operator cost assumed to be $160 per hourHeavy equipment and operator cost assumed to be $500 per hourNumbers for Chemical Stabilization from LA Co. and are 1999 valuesRoad paving cost provided by Los Angeles County Department of Public Works ($820,000 per mile of 26' road, 4" asphalt o

Road paving cost equivalent to $5.97 per square footNumbers for other controls taken from SJVAPCD staff report and are 2000 valuesWhen not specified, equipment and labor costs are included in the overall capital estimateO&M cost calculated using real interest rate of 4% at 15 years as Discounted Cash Flow Factor (SCAQMD method)

Annual inflation rate of 3% used to adjust to current year (2009 dollars)
AVAQMD Rule 403 F-1

Final Staff Report, 5/5/2010 

APPENDIX "F" 

BIBLIOGRAPHY

The following documents were consulted in the preparation of this staff report and the proposed 

amendment of Rule 403: 

1. Antelope Valley Air Quality Management District Rule 430-Fugitive Dust, adopted 

6/14/1978, SIP version.

2. AVAQMD List and Implementation Schedule for District Measures to Reduce PM 

Pursuant to Health and Safety Code §39614(d), adopted August 16, 2005. 

3. City of Lancaster Fugitive Dust Control Policy Draft (version 1.3) (NOT FOR 

RELEASE) not dated. 

4. City of Lancaster Resolution Ordinance Chapter 8.16 for Fugitive Dust Control 

Requirements (NOT FOR RELEASE) not dated. 

5. CARB Proposed List of Measures to Reduce Particulate Matter – PM10 and PM2.5 

(Implementation of Senate Bill 656, Sher 2003). 

6. Great Basin Air Pollution Control District Board Order No. 98116-01 Implementation of 

Control Measures on the Owens Lake Bed, Ordered 11/16/1998. 

7. Great Basin Air Pollution Control District Rule 431- Particulate Emissions Town of 

Mammoth Lakes, Adopted 12/7/1990. 

8. San Joaquin Valley Air Pollution Control District Rule 8011- General Requirements 

adopted November 15, 2001. 

9. San Joaquin Valley Air Pollution Control District Rule 8011- General Requirements 

amended August 19, 2004. 

10. San Joaquin Valley Air Pollution Control District Rule 8021- Construction, Demolition, 

Excavation, Extraction, And Other Earthmoving Activities adopted November 15, 2001 

11. San Joaquin Valley Air Pollution Control District Rule 8021- Construction, Demolition, 

Excavation, Extraction, And Other Earthmoving Activities amended August 19, 2004. 

12. San Joaquin Valley Air Pollution Control District Rule 8031- Bulk Materials adopted 

November 15, 2001. 
F-2 AVAQMD Rule 403 

Final Staff Report, 5/5/2010

13. San Joaquin Valley Air Pollution Control District Rule 8031- Bulk Materials amended 

August 19, 2004. 

14. San Joaquin Valley Air Pollution Control District Rule 8041- Carryout And Trackout 

adopted November 15, 2001. 

15. San Joaquin Valley Air Pollution Control District Rule 8041- Carryout And Trackout 

amended August 19, 2004. 

16. San Joaquin Valley Air Pollution Control District Rule 8051- Open Areas adopted 

November 15, 2001. 

17. San Joaquin Valley Air Pollution Control District Rule 8051- Open Areas amended 

August 19, 2004. 

18. San Joaquin Valley Air Pollution Control District Rule 8061- Paved And Unpaved Roads 

adopted November 15, 2001 

19. San Joaquin Valley Air Pollution Control District Rule 8061- Paved And Unpaved Roads 

amended August 19, 2004. 

20. San Joaquin Valley Air Pollution Control District Rule 8071- Unpaved 

Vehicle/Equipment Traffic Areas amended September 16, 2004. 

21. San Joaquin Valley Air Pollution Control District Draft Socioeconomic Impact Analysis 

of Regulation VIII (Fugitive MP10 Prohibitions), September,2001 

22. San Joaquin Valley Air Pollution Control District Draft Staff Report BACM 

Amendments to Regulation VIII (Fugitive MP10 Prohibitions), September 27, 2001 

23. San Joaquin Valley Air Pollution Control District Draft Staff Report BACM 

Amendments to Regulation VIII (Fugitive MP10 Prohibitions), August 19, 2004 

24. San Joaquin Valley Air Pollution Control District Final BACM Technological and 

Economic Feasibility Analysis, March 21, 2003. 

25. San Joaquin Valley Air Pollution Control District Cost Effectiveness Analysis of 

Regulation VIII, September 27,2001 

26. San Diego County Air Pollution Control District Rule 55 – Fugitive Dust Control, 

adopted June 24, 2009. 

27. South Coast Air Quality Management District Rule 403- Fugitive Dust, amended 

6/3/2005. 
AVAQMD Rule 403 F-3

Final Staff Report, 5/5/2010 

28. South Coast Air Quality Management District Draft Final Staff Report Proposed 

Amendments to Rule 403- Fugitive Dust, June 2005. 

29. South Coast Air Quality Management District Rule 1186-PM10 Emissions From Paved 

and Unpaved Roads, and Livestock Operations, amended 9/10/1999. 

30. South Coast Air Quality Management District Rule 1186-PM10 Emissions From Paved 

and Unpaved Roads, and Livestock Operations, amended 4/2/2004. 

31. South Coast Air Quality Management District Rule 403.1- Supplemental Fugitive Dust 

Control Requirements for Coachella Valley Sources, amended 4/2/2004 

32. Ventura County Air Pollution Control District Rule 55 – Fugitive Dust Control, adopted 

June10, 2008. 

33. Ventura County Air Pollution Control District Draft Rule 55.1 – Paved Roads and Public 

Unpaved Roads, February 9, 2009. 

34. Ventura County Air Pollution Control District Draft Rule 55.2 – Street Sweeping 

Equipment, February 9, 2009. 

35. Ventura County Air Pollution Control District Staff Report Proposed Rule 55.1 – Paved 

Roads and Public Unpaved Roads , Proposed Rule 55.2 – Street Sweeping Equipment, 

February 18, 2008. 

36. 42 FR 27000, May 26, 1977 

37. 42 FR 46554, September 16, 1977 

38. 43 FR 25684, June 14, 1978 

39. 43 FR 400011, September 08, 1978 

40. 63 FR 42786, August 11, 1998 

41. 63 FR 67784, December 09, 1998 

42. 65 FR 8057, February 17, 2000 

43. 65 FR 8082, February 17, 2000 

44. 70 FR 43663, July 28, 2005 

45. 70 FR 69801, November 14, 2005 
F-4 AVAQMD Rule 403 

Final Staff Report, 5/5/2010

46. 72 FR 65285, November 20, 2007