# Antelope Valley Air Quality Management District

Final 

# Staff Report

Amendment of 

# Rule 403 – Fugitive Dust

Adopted on April 20, 2010

43301 D IVISION 

### S T



### ., S UITE 

### 206,

L ANCASTER



### , C ALIFORNIA 

### 93535-4649

P HONE 

### (661) 723-8070

FAX (661) 723-3450This page intentionally left blank.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 Rule s & 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 Fede ral Submittals) ........................5 a. Satisfaction of Underlying Federal Requireme nts ...............................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 F ollowed.....................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...........

................................................... ..9TC

- 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 D ocumentation ....................................... D-1

Appendix E – Cost Effectiveness Analysis...........

................................................... ....................E-1

Appendix F - Bibliography ..........................

................................................... .............................F-1AVAQMD 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. I ts 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 docu mentation for approval or adoption of a document have been performed. Finally, the staff r eport provides evidence for defense against legal challenges regarding the propriety of the app roval or adoption of the document.

II. EXECUTIVE SUMMARY

On July 1, 1997 the Antelope Valley Air Pollution C ontrol District (AVAPCD) was created pursuant to statute (former H&S Code §40106, A.B. 2 66-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 Count y outside the South Coast Air Basin (SCAB). The SCAQMD rules in effect within the juri sdiction 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 resci nded them. The SCAQMD adopted Rule 403 on February 7, 1976 and subsequently amend ed it on November 6, 1992 and again on July 9, 1993 and once more on February 14, 1997. T he 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 Cod e §39614 (SB 656, Sher), enacted to reduce public exposure to PM10 and PM2.5. A List a nd Implementation Schedule for District Measures to Reduce PM Pursuant to Health & Safety C ode §39614(d) was adopted by the AVAQMD on August 16, 2005. This List was used to e valuate PM measures related to fugitive dust control. A cost effectiveness analysis was do ne 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 t he 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 PM102 AVAQMD Rule 403 Final Staff Report, 5/5/2010 area the AVAQMD is not subject to; contingency requ irements, RACM or BACM and these references therefore have been removed from the pro posed Rule 403.

Furthermore, Tables 1 – 3 in the back of Rule 403 w ere relocated into the body of the rule for ease of use. Reference to large and medium operati ons 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 Rul e 403 was originally noticed for the 3/16/2010 Governing Board meeting. The 3/16/2010 m eeting 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 A ntelope Valley Air Quality Management District adopt the proposed amendments to Rule 403

– Fugitive Dust and approve the appropriate California Environmental Quality Act (CEQA) documen tation. This action is necessary to remove reference to SCAQMD, address the requirement s of Health and Safety Code (H&S Code) §39614 (SB 656, Sher), enacted to reduce publ ic exposure to PM 10 and PM 2.5 , 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 Measu res to Reduce PM Pursuant to Health & Safety Code §39614(d) adopted August 16, 2005 (See: PM Measures Requirin g 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 Qual ity 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 re quired for the procedurally correct amendment
of Rule 403 – Fugitive Dust . Each item is discussed, if applicable, in Sectio n V below. Copies of documents are included in the appropriate Append ix.

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 Review4 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 stat utory requirements that apply to the amendment of Rule 403. These are actions, that nee d to be performed, and/or information, that must be provided in order to amen d the Rule in a procedurally correct

manner.

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

Before adopting, amending, or repealing a rule or r egulation, the AVAQMD Governing Board is required to make findings of nec essity, authority, clarity, consistency, non-duplication, and reference based u pon 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 t he provisions of H&S Code §39614(d) which requires the adoption of readi ly 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 conta ined in proposed Rule 403 has been determined to be readily availabl e, feasible and costeffective based upon an analysis and recommendation s made in section (V)(C)(2) of this staff report.

b. Authority:

AVAQMD has the authority pursuant to H&S Code §4070 2 to adopt, amend or repeal rules and regulations.

c. Clarity:

The amendments are clear in that they are written s o that the persons subject to the Rule can easily understand the meani ng. The Rule is as clear as possible given the nature of the subject m atter involved. Definitions that are standardized to the industry s ubject to the Rule have been provided in the body of the rule itself for ea se 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 n ot in conflict with or contradictory to, any state law or regulation, f ederal 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 PM 10 NAAQS. It is currently unclassified/attainment fo r the

Federal PM 2.5 NAAQS (40 CFR 81.305). The AVAQMD is nonattainment for the State Ambient Air Quality Standa rd for PM 10 as specified in 17 California Code of Regulations §602 05. The level of control specified in proposed Rule 403 is consisten t 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 emis sions of particulate matter and its precursors from fugitive dust. The District is required to adopt readily available, feasible and cost-effectiv e control measures for particulate matter from a list of potential local c ontrol measures promulgated by CARB pursuant to H&S Code §39614(d).

f. Reference:

AVAQMD has the authority pursuant to H&S Code §4070 2 to adopt, amend or repeal rules and regulations. The Distric t is required to adopt readily available, feasible and cost-effective cont rol measures for particulate matter from a list of potential local c ontrol 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 Rul e 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 commen ts, 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 F ederal law which requires the
submittal. The information below indicates which e lements 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 because6 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 Rul e 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 th e accompanying draft staff report were made available to the publi c on February 01, 2010.

d. Notice to Specified Entities

Copies of the proposed amendment of Rule 403 and th e accompanying draft staff report were mailed to all affected agen cies, 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 i tems 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 su ch acts as may be necessary or proper to execute the duties imposed u pon the AVAQMD.

g. Applicable State Laws and Regulations Were Follo wed:

Public notice and hearing procedures pursuant to H& S Code §§40725- 40728 have been followed. See Section (V)(A)(1) ab ove for compliance with state findings required pursuant to H&S Code § 40727. See Section (V)(B) below for compliance with the required analy sis of existing requirements pursuant to H&S Code §40727.2. See Se ction (V)(C) for compliance with economic analysis requirements purs uant to H&S Code §40920.6. See Section (V)(D) below for compliance with provisions of the California Environmental Quality Act (CEQA).AVAQMD Rule 403 7

Final Staff Report 5/5/2010 B. WRITTEN ANALYSIS OF EXISTING REQUIREMENTS

H & S Code §40727.2 requires air districts to prepa re a written analysis of all existing federal air pollution control requirements that app ly to the same equipment or source type as the rule proposed for modification by the distri ct. Such analysis is required to identify and examine federal requirements, including but not limited to emissions control
measures identified as best available control techn ology 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 operatio ns.

C. ECONOMIC ANALYSIS

1. General

Rule 403 will not have an adverse economic impact o n the entities subject to the proposed Rule. Please see the incremental cost-eff ectiveness analysis below for a more detailed analysis of potential economic impact

.

2. Incremental Cost Effectiveness

Pursuant to H&S Code §40920.6, incremental cost eff ectiveness calculations are required for rules and regulations which are adopte d or amended to meet the California Clean Air Act requirements for Best Avai lable Retrofit Control Technology (BARCT) or “all feasible measures” to co ntrol volatile compounds, oxides of nitrogen or oxides of sulfur.

While Rule 403 does not impose BARCT or “all feasib le measures” and thus an incremental cost-effectiveness analysis is not mand atory, the District conducted a cost-effectiveness analysis as part of the analysis pursuant to H&S Code §39614(d). The cost-effectiveness analysis was bas ed upon cost estimates contained in the staff report for San Joaquin Valle y Air Pollution Control District (SJVAPCD) Rules 8021, 8031, 8041, 8051, 8061, and 8 071 as adopted in 2004. 1
The AVAQMD developed its own cost effectiveness ana lysis based on current values and conditions in the AVAQMD. The cost effe ctiveness analysis is located in Appendix “E” of this staff report.

Fugitive dust control measures for a variety of sou rces were reviewed for cost and emission reductions, and control methods with a max imum cost-effectiveness of $272 per ton PM reduced were found to be cost-effec tive and hence feasible (2009

1 These versions of the SJVAPCD rules were used as t he basis for comparison because they were
the rules identified in CARB’s list of local PM con trol measures developed pursuant to the provisions of H&S 39614. A copy of this list may b e 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-ef fectiveness 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 ha d 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, gr avel pad and stabilized pad in carryout and trackout were found to be cost-effecti ve. Other measures have been included as optional control options.

D. ENVIRONMENTAL ANALYSIS (CEQA)

Through the process described below, it was determi ned that a Notice of Exemption would be the appropriate CEQA process for the propo sed amendment of Rule 403.

1. The amendment of Rule 403 meets the CEQA definit ion of "project." They are not "ministerial" actions.

2. The amendment of Rule 403 is exempt from CEQA re view 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 6 56, Sher 2003), enacted to reduce public exposure to PM10 and PM2.5. It is al so more stringent in that it has clarified the scope of applicability; definitions a re updated to make the rule more comprehensive, reflect the current applicability of the rule, and provide additional clarity, included additional limits for opacity, an d included additional control options to reduce PM10 and PM2.5 for this category. The control measures currently available to allow compliance with the ru le do not substantially change due to the more stringent requirements so indirect impacts will not be caused since the compliance methods contemplated are alrea dy in use. Therefore, no
adverse environmental effects are foreseen from the amendments that might cause

the release of additional air contaminants or creat e any adverse environmental impacts, a Class 8 categorical exemption (14 Cal. C ode Reg. §15308) applies.

E. SUPPLEMENTAL ENVIRONMENTAL ANALYSIS

1. Potential Environmental Impacts

There are no potential adverse environmental impact s of compliance with the amendment of Rule 403. The District is amending th is rule to satisfy the provisions of H&S Code §39614(d) which requires the adoption of readily available, feasible and cost-effective control meas ures for PM from a list of potential local control measures promulgated by CAR B.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), a s well as Appendix B.

VI. TECHNICAL DISCUSSION

A. SOURCE DESCRIPTION

The provisions of this rule apply to any activity o r 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 epi sodes tend to be multi-district and sometimes interstate in scope. The AVAQMD has iden tified the local source of fugitive dust to be primarily unpaved road travel, construct ion and local disturbed areas of soil concentrating in the urban populated areas within t he 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 S afety Code (H&S Code) §39614 (SB 656, Sher 2003), enacted to reduce public exposure to PM 10 and PM 2.5 . It is also more stringent in that it has clarified the scope of app licability; definitions are updated to make the rule more comprehensive, reflect the current ap plicability of the rule, and provide additional clarity, included additional limits for opacity, and included additional control options to reduce PM 10 and PM 2.5 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 requ irements for various sources of fugitive
dust. Some control measures have remained others a dded that were determined to be feasible due to the recommendations from requiremen ts of Health and Safety Code (H&S Code) §39614 (SB 656, Sher 2003), enacted to reduce public exposure to PM 10 and

PM 2.5. The amendments to Rule 403 – Fugitive Dust do not cause the release of10 AVAQMD Rule 403 Final Staff Report 5/5/2010 additional air contaminants or create any environme ntal impacts because the requirements are more stringent with opacity limits.

D. PROPOSED RULE SUMMARY

This section gives a brief overview of the amendmen ts 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 meas ures for PM as set forth on a list developed by CARB. 2 This list was developed based on rules, regulatio ns, and programs existing in California as of 01/01/04. There are s ix rules listed as potential local control measures contained in the CARB document: 1) San Jo aquin Valley Air Pollution Control District (SJVAPCD) Rules 8021,8031, 8041, 8051, 086 1 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 PM 10 and

PM 2.5 ), refers to these fugitive dust rules. The Distri ct has analyzed these rules to determine if the measures they contained were readi ly available, feasible and costeffective for implementation within the AVAQMD. Th e 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 propose d amendments to Rule 403.

Rule 403 has been reformatted to standard District format. The Rule has also been updated to incorporate typographically and rule cit ation 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 h ave been included to make the rule more comprehensive, reflect the current applicabili ty of the rule, and provide additional clarity. Definitions which were added: Agricultura l Operation Air, Pollution Control Officer; Dust Control Plan; Track-out; United State s Environmental Protection Agency
and Visible Dust Emissions. Definitions which were removed: Best Available Control Measures; Contingency Notification; Large Operation s; Medium Operations; Reasonably Available Control Measures; South Coast Air Basin a nd 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 R educe 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

.AVAQMD Rule 403 11

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 percen t 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 SCAQM D were removed as these do not apply to AVAQMD.

Previous Section (d)(3) references to Reasonably Av ailable Control Measures (RACM) and Best Available Control Measures (BACM) were re moved as these do not and did not apply to the area under the jurisdiction of the AVA QMD.

Section (C)(3)(a) was modified to incorporate provi sions determined to be cost effective pursuant to CARB Proposed List of Measures to Reduc e Particulate Matter and replaced previous Section (d)(5)(b)(i) reducing the cumulati ve distance of track-out from fifty (50) to twenty-five (25) feet.

Section (C)(3)(b) was modified to incorporate provi sions determined to be cost effective pursuant to CARB Proposed List of Measures to Reduc e Particulate Matter and replaced previous Section (d)(5)(b)(ii).

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

Previous Section (d)(5)(B) was removed as Table 3 h as 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 Reduc e Particulate Matter.

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

Section (C)(6) was modified to incorporate provisio ns determined to be cost effective pursuant to CARB Proposed List of Measures to Reduc e Particulate Matter.

Section (C)(7) was modified to incorporate provisio ns determined to be cost effective pursuant to CARB Proposed List of Measures to Reduc e Particulate Matter.

Section (C)(8) was modified to incorporate provisio ns determined to be cost effective pursuant to CARB Proposed List of Measures to Reduc e Particulate Matter.

Section (C)(9) was modified to incorporate provisio ns determined to be cost effective pursuant to CARB Proposed List of Measures to Reduc e Particulate Matter.12 AVAQMD Rule 403 Final Staff Report 5/5/2010 Section (C)(10) was modified to incorporate provisi ons determined to be cost effective pursuant to CARB Proposed List of Measures to Reduc e Particulate Matter.

Section (C)(11) was modified to incorporate provisi ons determined to be cost effective pursuant to CARB Proposed List of Measures to Reduc e Particulate Matter.

Section (C)(12) was modified to incorporate provisi ons determined to be cost effective pursuant to CARB Proposed List of Measures to Reduc e Particulate Matter.

Section (C)(13) was modified to incorporate provisi ons determined to be cost effective pursuant to CARB Proposed List of Measures to Reduc e Particulate Matter.

Section (C)(14) was modified to incorporate provisi ons determined to be cost effective pursuant to CARB Proposed List of Measures to Reduc e Particulate Matter.

Previous Section (e) Contingency Requirements were removed as AVAQMD is unclassified for Federal PM10 and therefore require s no contingency requirements.

Previous Section (f) Special Requirements were remo ved as AVAQMD is unclassified for Federal PM10 and therefore requires no continge ncy requirements.

Section (D) Dust Control Plan was modified to incor porate provisions determined to be cost effective pursuant to CARB Proposed List of Me asures 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 th e rule as agriculture rules are being developed independently.

Section (F)(1)(b) was added to allow for SIP rule e xemption and was not enforced by SCAQMD or AVAQMD in later rule versions because AVA QMD was not part of the

SCAB.

Section (F)(1)(h)(ii) was modified to incorporate p rovisions determined to be cost effective pursuant to CARB Proposed List of Measure s 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 requirem ents for high wind conditions. Table 1 requirements were placed in the body of the rule for ease of use.AVAQMD Rule 403 13

Final Staff Report 5/5/2010 Section (F)(3) was relocated to (F)(1) since the ap plicable requirements in Section (C) were RACM and did not apply to area under jurisdict ion 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 b e met by application of sufficient water limiting Visible Dust Emissions (VDE) to twen ty percent.

Previous Sections (h)(5)(B),(C) and (D) were remove d as these were contingency requirements.

Section (G)(1) (previous Section(i)(1)) was modifie d to remove contingency requirements. High Wind Plan and Agricultural Opera tions are exempt.

Section (G)(3) was modified as the exemption was re moved.

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 Ant elope Valley region was the Los Angeles County APCD that had jurisdiction covering the entire county of Los Angeles. In 1975, the Southern California Air Poll ution Control District (So. Cal. APCD) was created. The So. Cal. APCD was created b y a Joint Powers Agreement (JPA) between Los Angeles, Orange, Rivers ide and San Bernardino Counties to replace the previous countywide air pol lution 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 (SC AQMD) was created with an initial jurisdiction that only included areas of Los Angeles, Orange, Riverside
and San Bernardino Counties contained within the So uth 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 t hose non-SCAB areas of Los Angeles, Riverside and San Bernardino Counties. CA RB submitted the G-73 rulebook on behalf of the “county” districts.

By its terms Executive Order G-73 (1977) was only e ffective until the non-SCAB
areas took other action. On 02/22/77 the JPA formi ng the So. Cal. APCD was formally dissolved. By the terms of the JPA upon d issolution each county would regain its county air pollution control district wi th a jurisdiction of the non-SCAB14 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 t he Antelope Valley Air Pollution Control District (AVAPCD) replaced the SC AQMD 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 regul ations 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 Salt on 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 Califor nia as effective within jurisdictional boundaries of local air districts, w hen 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 ar ea. Thus, upon creation of the AVAPCD on 07/01/97 the AVAPCD acquired the SIP appl icable 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 j urisdiction of the AVAPCD as of 12/31/01. Therefore, the SIP history for thi s region is based upon the rules adopted, effective, and approved for the Antelope V alley 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 AP CD version of Rule 403 was submitted as a SIP revision and was approved in to 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)). Thu s 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 submi tted 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 t he 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 j urisdiction 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 02/07/7 6 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 take n 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 Ru le 403 to replace the SIP version in effect in the Los Angeles County portion of the MDAB. This submission is necessary because the version current ly in the SIP references South Coast Air Quality Management District as the govern ing District and does not reflect the subsequent creation of, and differing l ocal conditions of the AVAQMD.

Since there is a previously existing SIP rule for t his 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 s tringent than the provisions currently in the SIP. The amended rule is more str ingent than the prior rule because it address the requirements of Health and S afety Code (H&S Code) §39614 (SB 656, Sher 2003), enacted to reduce publi c exposure to PM 10 and

PM 2.5 . It is also more stringent in that it has clarifi ed the scope of applicability, added definitions for clarity, included additional limits for opacity, and included additional control options to reduce PM 10 and PM 2.5 for this category.16 AVAQMD Rule 403 Final Staff Report 5/5/2010 This page intentionally left blank.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 change s 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 bei ng deleted.

3. Normal text identifies the current language of t he current rule which will remain unchanged by the adoption of the proposed amendments.

4. Italicized text

identifies explanatory material that is not part o f the proposed language.A-2 AVAQMD Rule 403 Final Staff Report, 5/5/2010 This page intentionally left blank.( 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

( a A) General

(1 ) Purpose

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

matter Particulate Matter

entrained in the ambient air as a result of anthropogenic (man-made) fugitive dust Fugitive Dust sources by requiring actions to prevent, reduce or mitigate fugitive dust Fugitive Dust
emissions.

( b 2 ) Applicability

(a) The provisions of this rule shall apply to any acti vity or man-made condition capable of generating fugitive dust Fugitive Dust

.


### ( c B ) Definitions

(1) ACTIVE OPERATIONS shall mean any “Active Operations” – Any activity capable of generating fugitive dust Fugitive Dust , including, but not limited to,

earth

- movi ng activities, construction/demolition activities Earth-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 harvesti ng of crops

or the performance standards, and maintenance and calibrat ion criteria as contained in the most recent Rule 403 Implementatio n Handbook, now or hereafter adopted by the Governing Board.

(3) BEST AVAILABLE C ONTROL MEASURES represent fugitive dust control actions which are required to be implemented within the boundaries of the South Coast Air Basin. A detailed listing raising of best available control measures fowl

or animals for each fugitive dust source type shall be as contained in the most recent Rule 403 Implementation Handbook, now or her eafter adopted by the Governing Board the 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 i nvolving 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 Polluti on Control Officer pursuant to the provisions of Health and Safety Code §40750 and his or her designee.

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

(5) “Bulk Material” – Sand , gravel, soil, aggregate material less than two in ches in length or diameter, and other organic or inorganic particulate matter Particulate

Matter

.

(5) CHEMICAL STABILIZERS mean any (6) “Chemical Stabilizers” – Any nontoxic chemical dust suppressant Dust Suppressant which must not be used if prohibited for use by the Regional Water Quality Co ntrol 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 wate r agency. Unless otherwise indicated, the use of a non-toxic chemical stabilizer Chemical Stabilizer shall be of sufficient concentration and application frequency to maintain a stabilized

surface Stabilized Surface

.

(6) CONSTRUCTION/DEMOLITION ACTI VITIES are any (7) “Construction/Demolition Activities” – Any on-site mechanical activities preparatory to or related to the building, alterati on, rehabilitation, demolition or improvement of property, including, but not limited to the following activities; grading, excavation, loading, crushing, cutting, pl aning, shaping or ground breaking.

( 7) CONTINGENCY NOTIFICATION means that the U.S. EPA ha s determined and notified the District in writing that PM 10 contingency requirements must be implemented based on a finding that: (1) PM 10 and PM 10 precursor emissions reductions were less than required at any three

- year milestone reporting interval, or (2) the region failed to attain the PM 10 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 PM 10 standards

( 8) CONTRACTOR means any “Contractor” – Any person who has a contractual arrangement to conduct an active operation for anot her person.

(9) DI STURBED SURFACE AREA means a “Disturbed Surface Area” – A portion of the earth's surface which has been physically mo ved, uncovered, destabilized,
or otherwise modified from its undisturbed natural soil condition, thereby increasing the potential for emission of fugitive dust Fugitive 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 vegetati ve ground cover and soil characteristics are similar to adjac ent or nearby natural conditions;

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

( C) sustained c) Sustained a vegetative ground cover over at least 95 70 percent of an area for a period of at least 6 six 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 a s a treatment material to reduce Fugitive Dust emissions.

(12) “Earth-Moving Activities” – The use of any equ ipment 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, load ing or unloading of

dirt or bulk materials Bulk Materials , adding to or removing from open sto rage piles of bulk materials Open 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 fro m an exhaust stack, directly or indirectly as a resul t 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 Distur bed 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; o r 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 pr operty which
contains between 50 and 100 acres of disturbed surf ace area; or any earth

- moving operation with a daily earth

- moving or throughput volume of betwee n 3,850 cubic403-4 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, las ts less than 30 cumulative days per year, and is scheduled less than 30 days in adv ance.

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

material Bulk Material with 5 five percent or greater silt Silt content which is not fully enclosed, covered or chemically stabilized, a nd 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 5 five percent or greater unless a person can show, by sampling and analysis in accordance with ASTM Metho d C-136 or other equivalent method approved in writing by the Executive Officer APCO and the California Air Resources Board, that the silt Silt content is less than 5 five percent. The results of ASTM Method C-136 or equivalent met hod 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 d ivided 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 publ ic paved roadway Paved Road and are not open to through traffic. Public paved roads Paved Roads are those open to public access and that are owned by any fed eral, state, county, municipal or any other governmental or quasi-governmental age ncies. Private paved roads are any paved roads Paved Roads are any Paved Roads not defined as public.

(20) PM10 is particulate matter “PM 10 ” – Particulate Matter with an aerodynamic diameter smaller than or equal to 10 ten microns as measured by the applicable
State and Federal state 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 per son allowing the emission has the legal use or possession of the property. Where such property is divided into one or more sub-tenancies, the property line Property Line (s) shall refer to the boundaries dividing the areas of all sub-tenancies.

(22) REASONABLY AVAILABLE CONTROL MEASURES are appropria te techniques and procedures used to prevent or reduce the emission and airborne
transport of fugitive dust, outside the boundaries of the So uth Coast Air Basin. These include, but are not limited to, application of dust suppressants, use ofAVAQMD Rule 403 403-5

Fugitive Dust D3a, 02/24/10

coverings or enclosures, paving, enshrouding, plant ing, reduction of vehicle speeds, and other measures as specified by the Executive Officer. A detailed listing of reasonably available control measures fo r each fugitive dust source type
shall be as contained in the most recent Rule 403 I mplementation Handbook, now or hereafter adopted by the Governing Boa rd.

(23) SILT means any “Silt” – Any aggregate material with a particle size less than 7 4 micrometers in diameter which passes through a No. 200 Sieve sieve

.

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

The operation of two PM 10 samplers in such a manner that one sampler is start ed 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 O range County as defined in California Code of Regulations, Title 17, Section 6 0104. The area is bounded on the west by the Pacific Ocean, on the north and eas t by the San Gabriel, San Bernardino, and San Jacinto Mountains, and on the s outh by the San Diego county
line.

(26) STABILIZED SURFACE means:

(A) any disturbed surface area or open storage pile whi ch 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 traffi c does not exceed Wind-Driven Fugitive Dust and is demonstrated
to be stabilized and where Visible Dust Emissions a re limited to 20 percent opacity. Chemical treatment must be performed with a subst ance not disapproved for such use by the applicable Regional Water Quali ty Control Board.

(27) UNPAVED ROADS are any unsealed or unpaved (25) “Track-out” – Any Bulk Material that adheres to and agglomerates on t he exterior surface of motor vehicles, haul trucks, and equipment (including tir es) 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 quasi

governmental agencies. Private unpaved roads are a ll other unpaved roadways not

d efined 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 Un ited States Environmental Protection Agency.

(28) VISIBLE ROADWAY DUST means any sand, soil, dirt, or other s olid particulate
matter which is “Visible Dust Emissions (VDE)” – Any dust emissions that are
visible upon paved road surfaces and which can be removed b y a vacuum sweeper or a broom sweeper under normal operating condition s. to an observer.

(29) WIND

- DRIVE N 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 anemometer Anemometer

.


### ( d C ) Requirements

(1) A person shall not cause or allow the emissions of fugitive dust from any active operation, open storage pile, or disturbed surface area Fugitive Dust from:

(a) Any Active Operation, Open Storage Pile, or Di sturbed Surface Area such that the presence of such dust remains visible in t he atmosphere beyond

the property line Property Line of the emission source

. ; or

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

Air Basin sh all utilize one or more of the applicable best avai lable control measures to minimize fugitive dust emissions from e ach fugitive dust source type which is part of the active operation.

(3) A person conducting active operations outside the b oundaries of th e South Coast Air Basin may utilize reasonably available control measures in lieu of best available control measures to minimize fugitive dus t emissions from each fugitive dust source type which is part of the active operat ion.

(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 read ings from a single
source shall be included in the cumulative total us ed to determine compliance.

(2) A person shall not cause or allow PM 10 levels to exceed 50 micrograms per cubic meter when determined, by simultaneous sampling Simultaneous Sampling , as the difference between upwind and downwind samples coll ected on high-volume particulate matter Particulate Matter samplers or other US EPA-approvedAVAQMD Rule 403 403-7

Fugitive Dust D3a, 02/24/10

equivalent method for PM 10 monitoring. If sampling is conducted, samplers sh all
be:

(A (a ) Operated, maintained, and calibrated in accordanc e with 40 Code of Federal Regulations (CFR), Part 50, Appendix J, or appropriate US EPApublished documents for US EPA-approved equivalent method(s) for

PM 10

.

( B b ) Reasonably placed upwind and downwind of key acti vity areas and as

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

of fugitive dust Fugitive Dust between the sampler and the property
line Property 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 operatio ns; or

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

(i) prevent the track 3) Track -out of bulk material onto public paved roadways as a

result of the ir operations and remove such material at anytime t rack Operations

(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 vis ible roadway dust tracked

- out upon public paved roadways as a result of active operations or more in cumulative length from the point of origin from an active operation. Notwithstandin g the preceding, all Track-out from an active operation shall be removed at the conclusion of

each work day when active operations cease workday or evening shift

.



### (e) Contingency Requirements

When a contingency notification has occurred, the r equirements of this subdivision shall become effective in the county subject to the n otification 60 days after the first publication date in newspapers of general circulati on in that county. Such publication shall specify that a contingency notification has o ccurred, and that any person who conducts or authorizes the conducting of a mediu m 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 Medi um Operations Under a Contingency Notification403-8 AVAQMD Rule 403 Fugitive Dust D3a, 02/24/10 (1) Any person who co nducts or authorizes the conducting of either a lar ge operation which is subject to the requirements of this rule, or a medium operation under a contingency notification as set forth in subdivisio n (e), shall either:

(A) take the actions specified in Table s 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 a fter qualifying as a large operation or as a medium operation under a contingency notification; (ii) include, as part of the notification, the items specified i n subparagraphs (f)(3)(A) and (f) (3)(B); (iii) maintain daily records to document the specific act ions taken; (iv) maintain such records for a period of not less than 6 months; and (v) make such records a vailable 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 t o 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 ope ration.

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

(A) The name(s), address(es), and phone number(s) of th e person(s) responsible for the prepara tion, 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 appli cable best available control measures or reasonably available control me asures will be uti lized and/or installed during all periods of active opera tions.

(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 Su rface 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 (mini mum-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 justi fication 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 o f 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 sa tisfied:

(A) All sources of fugitive dust emissions must be identifi ed (e.g., earth

moving, 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 me asures, visible dust emissions are crossing the property line(s), th en 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 conta ined in the applicable Rule 403 Implementation Handbook. If a plan is conditionall y approved, the conditions necessary to modify the plan will be provided in wr iting to the person(s) identified in subparagraph (f)(3)(A). Such modifications must be incorporated into the plan
wi thin 30 days of the receipt of the notice of condit ional approval, or the plan shall be disapproved. A letter to the Executive Of ficer stating that such modifications will be incorporated into the plan sh all be deemed (ii) Pave or apply chemical stabilization at sufficient to result in approval of the plan.

concentration and frequency to maintain a Stabilize d Surface starting from the point of intersection with the public paved sur face, and extending at least 100 feet and at least 20 feet wi de,

(7) If a p lan is disapproved by the Executive Officer

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

(B) Within 7 days of the receipt of a notice of a disap proved plan, the applicant shall comply with the actions specified i n Tables 1 an d 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 th e 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 (rai ls, pipe, or grates) at least 24 feet long and ten feet wide to remove B ulk Material from tires and vehicle undercarriages before vehicl es exit the site,

(iv) Install and utilize a wheel washing system to remove Bulk Material from tires and vehicle undercarriages before vehicl es exit the site;

or

(v) Any other control measure approved by the APCO and the USEPA as equivalent to the methods specified in subparagr aphs (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 Activ ities 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 utiliz ing at least one of the measures listed for each of the operation stages sp ecified in subparagraphs (C)(4)(a)(i) through (C)(4)(a)(iv).

(i) Pre-activity:

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

and
b. Phase work to reduce the amount of Disturbed Sur face Area at any one time

(ii) During Active Operations:

a. Apply water or chemical/organic stabilizers/supp ressants 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 barri ers, control measure (a) above shall also be implemented ; or c. Apply water or chemical/organic stabilizers/supp ressants to unpaved haul/access roads and unpaved vehicle/equip mentAVAQMD 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 Ina ctivity:

a. Restrict vehicular access to the area; and b. Apply water or chemical/organic stabilizers/supp ressants, sufficient to limit VDE to 20 percent opacity, or t o 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 mus t comply with the conditions for a Stabilized Surface area.

(iv) Any other control measures approved by the APC O and the USEPA as equivalent to the methods specified in sub paragraphs (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 wre cking equipment to raze or demolish buildings:

(i) Apply sufficient water to building exterior sur faces and razed building materials to limit VDE to 20 percent opaci ty 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 Mate rials on-site or offsite resulting from the demolition or razing of bui ldings shall comply with the requirements specified in section ( C)(6); and (iv) Prevention and removal of carryout or Track-ou t on paved public access roads from demolition operations shall be pe rformed in accordance with (C)(3). (v) Any other control measures approved by the APCO and the USEPA as equivalent to the methods specified in sub paragraphs (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 list ed for each of the403-12 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 sufficien t 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 per cent porosity. If utilizing fences or wind barriers, co ntrol measure (C)(6)(a)(i)[a.] shall also be implemented.

(ii) Storage of Bulk Materials:

a. When storing Bulk Materials, comply with the con ditions 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 actio n; c. Construct and maintain wind barriers sufficient to limit VDE to 20 percent opacity and with less than 50 per cent porosity. If utilizing fences or wind barriers, ap ply 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 5 0 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 i n the area of the Bulk Material deposits

.

(iii) On-site Transporting of Bulk Materials:

a. Limit vehicular speed while traveling on the wor k 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 pe rcent 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 c over the cargo compartment before the empty truck leaves the site; b. Prevent spillage or loss of Bulk Material from h oles or other openings in the cargo compartment’s floor, si des, 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 pave d public access road, and apply water to the top of the load sufficient to limit VDE to 20 percent opacity; or cover haul t rucks with a tarp or other suitable cover.

(v) Outdoor Transport of Bulk Materials With a Chut e 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 c onveyed materials having an aerodynamic diameter of ten mic rons or less sufficient to limit VDE to 20 percent opaci ty.

(vi) Any other control measures approved by the APC O and USEPA as equivalent to the methods specified in subparagraph s (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 Distur bed Surface of three or more acres that has remained undeveloped, unoccupie d, unused, or vacant for more than seven days shall do at least one of t he following:

(i) Apply and maintain water or Dust Suppressant(s) to all unvegetated areas sufficient to limit VDE to 20 per cent opacity; (ii) Establish vegetation on all previously disturb ed areas sufficient to limit VDE to 20 percent opacity; (iii) Pave, apply and maintain gravel, or apply and maintain chemical/organic stabilizers/suppressants sufficien t to limit VDE to 20 percent opacity; (iv) Upon evidence of trespass, prevent unauthorize d vehicle access by posting “No Trespassing” signs or installing physic al barriers such as fences, gates, posts, and/or other appropriate b arriers 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 sub paragraphs (C)(7)(a)(i) through(C)(7)(a)(iv).

(8) Unpaved Roads at Industrial or Commercial Facil ities403-14 AVAQMD Rule 403 Fugitive Dust D3a, 02/24/10 (a) An owner/operator of an Unpaved Road at an indu strial or commercial facility shall limit VDE to 20 percent opacity from the Unpaved Road segment by application and/or maintenance of at lea st one of the following control measures, or shall implement an APCO approv ed 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 sufficien t 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 t o 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/equipme nt 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 approv ed 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 sufficien t to limit VDE to 20 percent opacity; (iii) Restrict vehicle speed to 15 miles per hour; (iv) An owner/operator shall restrict access and pe riodically stabilize a
Disturbed Surface Area whenever a site becomes an I nactive Disturbed Surface Area to comply with the condition s 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 du ring High Wind Conditions
shall:

(a) Cease all Active Operations; or

(b) Apply water to soil not more than 15 minutes pr ior 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 Stabiliz er diluted to not less than 1/20 of the concentration required to maintain a St abilized 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 O perations will not occur for not more than four consecutive days;

(b) Apply Chemical Stabilizers prior to high wind e vent;

(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 d ays after Active Operations
have ceased. Ground cover must be of sufficient de nsity to expose less than 30 percent of unstabilized ground within 90 da ys 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 list ed 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 operati on; 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 surfac e area of all Open Storage Piles on a daily basis when there is evidence of Wi nd-Driven Fugitive Dust;

(c) Install temporary coverings; or

(d) Install a three sided enclosure which will exte nd, 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 P lan (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 developme nts, or five acres or more of Disturbed Surface Area for non-residential developm ent, or will include moving, depositing, or relocating more than 2,500 cubic yar ds 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 con ducted for residential and nonresidential (e.g., commercial, industrial, or insti tutional) purposes or conducted by any governmental entity.

(a) Install and maintain project signage with proje ct contact prior to initiating any Earth-Moving Activities that;

(i) Identifies phone numbers for dust complaints; a nd (ii) Meets minimum standards of Rule 403, Appendix “A”

(b) An owner/operator may submit one DCP covering m ultiple projects at
different sites where construction will commence wi thin 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 contro l measures to be implemented before, during, and after any dust gene rating activity.

(d) A DCP shall contain all the information describ ed in section (D)(1)(h)(i) through (D)(1)(h)(viii). The APCO shall approve, d isapprove, or conditionally approve the DCP within ten days of DC P submittal. A DCP is deemed automatically approved if, after ten days following receipt by the District, the District does not provide any com ments 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 app roved DCP at the project site. The approved DCP shall remain valid until th e termination of all dust generating activities. Failure to comply with the provisions of anAVAQMD Rule 403 403-17

Fugitive Dust D3a, 02/24/10

approved DCP is deemed to be a violation of this ru le. 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 f or a period of not less than three years; and make such records available t o the APCO upon
request.

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

(i) Name(s), address(es), and phone number(s) of pe rson(s) and owner(s)/operator(s) responsible for the preparatio n, submittal, and implementation of the DCP and responsible for the d ust generating operation and the application of dust control measu res.

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

(iii) The total area of land surface to be disturbe d, daily throughput volume of earthmoving in cubic yards, and total are a in acres of the entire project site.

(iv) The expected start and completion dates of dus t generating and soil disturbance activities to be performed on the site.

(v) The actual and potential sources of Fugitive Du st 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: pr oduct specifications; manufacturer’s usage instructions (method, frequenc y, and intensity of application); type, number, and capaci ty 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 sedimenta tion where unpaved and/or access points join paved public acce ss roads.

(viii) Identify a dust control supervisor that:

a. Is employed by or contracted with the property o wner or developer;403-18 AVAQMD Rule 403 Fugitive Dust D3a, 02/24/10 b. Is on the site or available on-site within 30 mi nutes during working hours; c. Has the authority to expeditiously employ suffic ient dust mitigation measures to ensure compliance with Rule requirements; and d. Has completed the AVAQMD Fugitive Dust Control C lass and has been issued a valid Certification of Comple tion 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 d ate of approval or conditional approval of the plan. Plans DCP. DCPs must be resubmitted annually, at least 60 days prior to the expiration date, or the plan DCP shall become disapproved as of the expiration date. If all fugitive dust Fugitive

Dust sources and corresponding reasonably available control measures or special

circumstances remain identical to those identified in the previously approved plan DCP , 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 pe riod of at least one year, the criteria for a large operation or a medium operatio n under a contingency notification may request a reclassification as a no n

- large operation not subject to subparagraph (f). To obtain this reclassification, a person must su bmit a request in writing to the Executive Officer specifying the conditions which have taken place to reduce the disturbed surface area and/or t he earth

- moving or throughput conditions to levels below the criteria for large o perations. A person must furt her 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 6 0 days from receipt of the

reclassification re quest. The Executive Officer will disapprove the r equest if the indicated changes can not be verified to be below t he criteria for large operations or a medium operation under a contingency notificat ion. If approved, the person
shall be relieved of all r equirements under subdivision (f). Any person so reclassified would again be subject to the requirem ents of subdivision (f) if at any time subsequent to the reclassification the criteri a for large operations or a medium operation under a contingency notif ication are met.

(11) A person responsible for more than one operation su bject to subparagraph (f) at

non

- contiguous sites may submit one plan covering multi ple sites provided that:AVAQMD Rule 403 403-19

Fugitive Dust D3a, 02/24/10

(A) the contents of the plan apply similarly to all sit es; and

(B) specifi c 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.



### (g E ) Compliance Schedule

All the newly amended provisions of this rule shall become effective upon adoption of

this Rule Amendment. Pursuant to subdivision (f), any f ugitive dust emission control plan which has been approved or conditionally appro ved prior to the date of adoption of

these amendments shall remain in e ffect and the plan approval date and annual resubmittal date shall remain unchanged. If any ch anges 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:

( A a ) Agricultural operations outside the boundaries of the South Coas t Air Basin and agricultural operations conducted within the boundaries of the
South Coast Air Bas in provided that the combined disturbed surface are a is less than 10 acres. Operations.

(B) Agricultural operations within the South Coast Air Basin, until December 31, 1998, whose combined disturbed surface area inc ludes more than 10 acres. All provisio ns of this Rule shall become applicable to agricult ural 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 reducin g PM 10 emissions by September 1, 1998 and obtains approval of the soil erosion co ntrol plan in writing from the Executive Officer prior to Decembe r 31, 1998;
and (ii) Implements all provisions of the soil erosion contr ol plan within 30 days after receipt o f 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 operations Operations conducted during emergency life-threatening situations, or in conjunction with any officially d eclared disaster or state of

emergency.

( E e ) Active operations Operations 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 contractor Contractor subsequent to the time the contract ends, provided that such contractor Contractor implemented the required control measures during the contractual period.

( G g ) Any grading contractor Contractor , for a phase of active operations Active 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 dur ing the entire phase

of earth

- moving activities Earth-Moving Activities , through and including five days after the final grading inspection.

( H) h) Weed abatement operations ordered by a county agri cultural commissioner or any state, county, or municipal fire department, provided that:

(i) mowing Mowing , 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, o r 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 prio r to begin ning such activity; and [c] Such written determination is provided to the Execu tive 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) do shall not exempt the owner of any property from controlling fugitive dust emissions emanating from disturbed surface areas stabilizing
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) shal l not apply:

(A) When wind gusts exceed 25 miles per hour, provided that:

(i) The required control measures for high wind conditi ons are implemented for each applicable fugitive dust sourc e type, as specified in Table 1, and; (ii) Records are maintained i n 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 m easures in Table 1 cannot be implemented for one or more f ugitive 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 te chnically 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 dist urbed 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 c hannels 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 t he California Division of Industrial Safety ; and

.

( B j ) Motion picture, television, and video production activities when dust emissions are required for visual effects. In orde r to obtain this exemption, the Executive Officer APCO must receive notification in403-22 AVAQMD Rule 403 Fugitive Dust D3a, 02/24/10 writing at least 72 hours in advance of any such ac tivity and no nuisance results from such activity.

( 4 2 ) The provisions of paragraph (d)( paragraphs (C)(1) through (C)(1 4) shall not apply

if the d ust control actions, as specified in Table 2, are i mplemented 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, provi ded that:

(i) The required control measures for High Wind Con ditions are implemented for each applicable Fugitive Dust sourc e type, as specified in section (C)(10) through (C)(14);

(ii) Maintain daily

records to document the dates of active operations, all applicable fugit ive dust source types, and the specific 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
Officer APCO upon request.

( 5 b) To Unpaved Roads, provided such roads:

(i) Are used solely for the maintenance of wind-gen erating equipment;

or (ii) Meet all of the following criteria: a. Are less than 50 feet in width at all points alo ng 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 mit igative actions are in conflict with the federal Endangered Species Act.

(d) To Non-routine or emergency maintenance of floo d 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 roadways Paved Roads where such coverings are approved by a local government agency for the protection of the r oadway, and where such coverings are used as roadway crossings for haul ve hicles.

( 6 5 ) The provisions of subdivision (f) section (D) shall not apply to:AVAQMD Rule 403 403-23

Fugitive Dust D3a, 02/24/10

( A) officially a) Officially -designated public parks and recreational areas, including national parks, national monuments, natio nal forests, state parks, state recreational areas, and county regional parks ;

( B) any construction and/or earth

- moving activity in which the completion

date i s expected to be less than 60 days after the beginn ing date. To qualify for this exemption, a person must:

(i) notify the Executive Officer not more than 7 days a fter qualifying as a large operation or a medium operation under a contingency notification; (ii) include, as part of the notification, the items spe cified in subparagraphs (f)(3)(A) and (f)(3)(B); and (iii) take the actions specified in Tables 1 and 2 at suc h time as the
construction and/or earth

- moving activities extend more than 60 days after q ualifying as a large operation or a medium operatio n under a contingency notification.

(C) any large operation or a medium operation under a c ontingency notification which is required to submit a dust con trol plan to any city or county government which ha s 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 o r within 30 days of receiving approval from the city or county governme nt, whichever is later.

(D) any large operation or a medium operation under a c ontingency notification subject to Rule 1158, which ha s an approved dust control plan pursuant to Rule 1158, provided tha t all sources of fugitive dust are included in the Rule 1158 plan.



### (i G ) Fees

(1) Any person subject to a plan Dust 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 purs uant to Rule 306. Any person who simultaneously submits a plan pursuant to subpa ragraph (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-chan ge, 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, pursuan t to Rule 306.403-24 AVAQMD Rule 403 Fugitive Dust D3a, 02/24/10 (3) The owner/operator of any facility for which th e Ex ecutive Officer APCO conducts upwind/downwind monitoring for PM 10 pursuant to paragraph (d)(4 section (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 fr om paragraph (d)(4) or meets the requirements of pa ragraph (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; Ap proved 9/8/78, 43 FR 40011, 40 CFR 52.220(c)(39)(iii)(C); Approved 6/14/78, 43 F R 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 Category Project

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 wee kend, holiday, or any other period when active operations will not occur for not more than four consecutive days: appl y water
with a mixture of chemical stabilizer dilut ed to not less than 1/20 of the concentration required to maintain a st abilized 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 t imes per day. If the re is any evidence of wind driven fugitive dust, watering frequency is increased to a minimum of fou r times per day ; OR (3B) Take the actions specified in Table 2, Item (3c); O R (4B) Utilize any combination of control actions (1B), (2 B), and (3B) such that, in total, these actions apply to all disturb ed
surface areas. Unpaved roads (1C) Apply chemical stabilizers prior to wind event, OR (2C) Apply water twice [once] per hour during active ope ration,

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 S ection 23114 of the California Vehicle Code for both publi c and private roads. All Categories (1F) Any other control measures approved by the Executiv e Officer and the U.S. Environmental Protection Agenc y as equivalent to the methods specified in Table 1 may be used. *Measures in [brackets] are reasonable avail able 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 quantit y and frequency to maintain a stabilized surface. Any ar eas which cannot be stabilized, as evidenced by wind driven fugitive dust must have an application of wa ter at least twice per day to at least 80 [70] percent of the

unstabilized area (1b) Apply ch emical 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 an y areas which are inaccessible to watering vehicles d ue to excessive slope or other safety conditions; OR Disturbed surface areas;
Co mpleted 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 suffic ient 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), (3 b), 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 cea sed. 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), (3 b), and (3c) such that, in total, t hese actions apply to all
inactive disturbed surface areas. Unpaved Roads (4a) Water all roads used for any vehicular traffic at l eastAVAQMD 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 ti mes per normal 8 hour work day]; OR (4b) Water all roads used for a ny vehicular traffic once daily and restrict vehicle speeds to 15 miles per h our; 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 chemi cal stabilizers; OR (5b) Apply water to at least 80 [70 ] percent of the surface area of all open storage piles on a daily basis whe n there is evidence of wind driven fugitive dust; OR (5c) Install temporary coverings; OR (5d) Install a three

- sided en closure with walls which extend, at a minimum, to the top of the pile. All Categories (6a) Any other control measures approved by the Executiv e Officer and the U.S. Environmental Protection Agenc y as equivalent to the methods specified in Table 2 m ay be u sed.

*Measures in [brackets] are reasonable available co ntrol 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 stab ilized surface starting from the point of intersect ion 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 wid th of at least 20 feet, and install a track

out control device immediately adjacent to the pave d surface such that exiting vehicles do not travel on any unpaved road surface after pas si ng through the track

- out control
device

(3) Any other control measures approved by the Executiv e Officer and the U.S. Environmental Protection Agency as equivalent to th e methods specified in Table 3 may
be used.

Sign size 48” x 96”



### Sign TemplateA-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 proj ect site entrance. No more than four signs are required per site/facil ity. 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, typic ally 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 PressB-2 AVAQMD Rule 403 Final Staff Report, 5/5/2010 This page intentionally left blank.AVAQMD Rule 403 B

- 3

Final Staff Report, 5/5/2010B-4 AVAQMD Rule 403 Final Staff Report, 5/5/2010 This page intentionally left blank.AVAQMD Rule 403 C

- 1

Final Staff Report, 5/5/2010 

### 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 DustC-2 AVAQMD Rule 403 Final Staff Report, 5/5/2010 This page intentionally left blank.AVAQMD Rule 403 C

- 3

Final Staff Report, 5/5/2010 1

2C-4 AVAQMD Rule 403 Final Staff Report, 5/5/2010AVAQMD Rule 403 C

- 5

Final Staff Report, 5/5/2010 District response to comment letter 1

1. Demolition Activities was placed under a new subsec tion. See Section (C)(6).

2. The new subsections in proposed rule were taken fro m 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.C-6 AVAQMD Rule 403 Final Staff Report, 5/5/2010 This page intentionally left blank.AVAQMD Rule 403 C

- 7

Final Staff Report, 5/5/2010C-8 AVAQMD Rule 403 Final Staff Report, 5/5/2010 1

2

3

4

5AVAQMD 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 S CAQMD 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 Final Staff Report, 5/5/2010 This page intentionally left blank.AVAQMD Rule 403 C

- 11

Final Staff Report, 5/5/2010 1

3 2C-12 AVAQMD Rule 403 Final Staff Report, 5/5/2010 This page intentionally left blank.AVAQMD Rule 403 C

- 13

Final Staff Report, 5/5/2010 District response to comment letter 3

1. Yes, this section does require applying water or st abilizers/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 roa ds 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 pro perty line.C-14 AVAQMD Rule 403 Final Staff Report, 5/5/2010 This page intentionally left blank.AVAQMD Rule 403 D

- 1

Final Staff Report, 5/5/2010 

### APPENDIX "D"

CALIFORNIA ENVIRONMENTAL QUALITY ACT

DOCUMENTATION

1. Notice of Exemption - LA CountyD-2 AVAQMD Rule 403 Final Staff Report, 5/5/2010 This page intentionally left blank.AVAQMD Rule 403 D

- 3

Final Staff Report, 5/5/2010D-4 AVAQMD Rule 403 Final Staff Report, 5/5/2010 This page intentionally left blank.AVAQMD Rule 403 E-1

Final Staff Report, 5/5/2010 

### APPENDIX "E"

COST EFECTIVENESS ANALYSISE-2 AVAQMD Rule 403 Final Staff Report, 5/5/2010 This page intentionally left blank.AVAQMD Rule 403 E-3

Final Staff Report, 5/5/2010 

## 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 $E-4 AVAQMD Rule 403 Final Staff Report, 5/5/2010 This page intentionally left blank.AVAQMD Rule 403E-5Final Staff Report, 5/5/2010Residential ConstructionUncontrolled Control 1No WaterWaterOperational Days365 365Project Size20 20Project Duration (acre-month)240 240Year of estimate2009 2009Application Rate (ac/hr)2.9 2.9Application Rate per unit area (gal/ac)629Application Time (hours)82.8Suppressant Unit Cost0.002$Suppressant Cost302$Total Equipment & Labor Costs13,241$Total Capital Cost of Control13,543$Project Capital Cost (2009 $)13,543$CRF (project term @ 4%)0.53Annualized Capital Cost (2009 $)7,181$Operations and Maintenance CostsEquivalent Project O&M (2009 $)-$DCF O&M Costs (2009 $)-$EmissionsEmission Factor (lb/acre-month) 440 440PM (tpy)53 53Control Efficiency (%)50%Emission Reduction (tons/year)26.40Cost EffectivenessAverageCost Effectiveness ($/ton)272$Notes:Water truck and operator cost assumed to be $160 per hourOther assumptions from SJVAPCD Reg VIII staff reportO&M cost calculated using real interest rate of 4%at 15 years as Discounted Cash Flow Factor (SCAQMDmethod)Annual inflation rate of 3% used to adjust to current year (2009 dollars)E-6AVAQMD Rule 403Final Staff Report, 5/5/2010Uncontrolled Control 1 Control 2 Control 3 Control 4 Control 5No Water Water GravelPetroleumEmulsionMagnesiumChloride PavingOperational Days220 220 220 220 220 220Effective Lifetime of Treatment (years)0.0045 5 1 1 20Traffic Area (acres)1.0 1.0 1.0 1.0 1.0 1.0Annual Average Traffic (trips/day) 150 150 150 150 150 150Year of estimate2009 2009 2000 2000 2000 2009Application Rate (ac/hr)2.9 2.9 0.5 1 3Application Rate per unit area (gal/ac)629Suppressant Unit Cost0.002$Suppressant Cost1$ 15,000$ 6,600$ 1,333$ 260,053$Total Equipment & Labor Costs55$ 1,167$Total Capital Cost of Control56$ 15,000$ 6,600$ 2,500$ 260,053$Project Capital Cost (2009 $)56$ 19,572$ 8,612$ 3,262$ 260,053$CRF (project term @ 4%)226.66 0.22 1.04 1.04 0.07Annualized Capital Cost (2009 $)12,790$ 4,396$ 8,956$ 3,392$ 19,135$Operations and Maintenance Costs500$ 500$ 500$ 191$Equivalent Project O&M (2009 $)-$ 652$ 652$ 652$ 191$DCF O&M Costs (2009 $)-$ 7,253$ 7,253$ 7,253$ 2,127$EmissionsEmission Factor (lb/VMT)2.27 2.27 2.27 2.27 2.27 2.27PM (tpy)7.49 7.49 7.49 7.49 7.49 7.49Control Efficiency (%)50% 60% 61% 80% 99%Emission Reduction (tons/year)3.75 4.49 4.57 5.99 7.42Cost EffectivenessAverageCost Effectiveness ($/ton)3,415$ 2,592$ 3,547$ 1,776$ 2,867$Unpaved Traffic AreasAVAQMD Rule 403E-7Final Staff Report, 5/5/2010Notes for Unpaved Traffic AreasNotes:Average vehicle trip length conservatively assumedto be 0.2 mileWater truck and operator cost assumed to be $160 per hourNumbers for Chemical Stabilization from LA Co. andare 1999 valuesRoad paving cost provided by Los Angeles County Department of Public Works ($820,000 per mile of 26' road, 4" asphalt on 6" base)Road paving cost equivalent to $5.97 per square footNumbers for other controls taken from SJVAPCD staffreport and are 2000 valuesWhen not specified, equipment and labor costs are included in the overall capital estimateO&M cost calculated using real interest rate of 4%at 15 years as Discounted Cash Flow Factor (SCAQMDmethod)Annual inflation rate of 3% used to adjust to current year (2009 dollars)E-8AVAQMD Rule 403Final Staff Report, 5/5/2010Uncontrolled Control 1 Control 2 Control 3No Water WaterPetroleumEmulsionMagnesiumChlorideProject Size (acres)0.078 0.078 0.078 0.078Active Days65 65 65Duration of Treatment (years)0.015 0.015 0.015Year of estimate2009 2009 150 150Application Rate (ac/hr)2.9 2.9 2000 2000Application Rate per unit area (gal/ac)629 1 3Application Time (hours)0.0Suppressant Unit Cost0.002$Suppressant Cost0$ 172$ 52$Total Equipment & Labor Costs4$ 91$Total Capital Cost of Control4$ 172$ 143$Project Capital Cost (2009 $)4$ 224$ 187$CRF (project term @ 4%)68.01 68.01 68.01Annualized Capital Cost (2009 $)299$ 15,263$ 12,690$Operations and Maintenance CostsEquivalent Project O&M (2009 $)-$ -$DCF O&M Costs (2009 $)-$ -$EmissionsEmission Factor (lb/acre-year)170 170 2.27 2.27PM (tpy)0.007 0.007 0.00 0.00Control Efficiency (%)50% 61% 80%Emission Reduction (tons/year)0.003 0.00 0.00Cost EffectivenessAverageCost Effectiveness ($/ton)90,304$ 9,421,128$ 5,972,420$Notes:Water truck and operator cost assumed to be $160 per hourOther assumptions from SJVAPCD Reg VIII staff reportO&M cost calculated using real interest rate of 4%at 15 years as Discounted Cash Flow Factor (SCAQMDmethod)Annual inflation rate of 3% used to adjust to current year (2009 dollars)Bulk Material StorageAVAQMD Rule 403E-9Final Staff Report, 5/5/2010Uncontrolled Control 1 Control 2 Control 3 Control 4 Control 5ManualSweepingVehicleSweepingGravelPadStabilizedPadWheelShaker/SpreaderAffected Area (square feet)2000 2000 2000 1500 2000Active Days200 200 200 200 200 200Duration of Treatment (years)2 2 2 2 0.5 2Vehicle Traffic (trips/day)150 150 150 150 150 150Year of estimate2009 2000 2009 2000 2000 2009Sweeping Rate (ac/hr)0.05 2Application Time (hours)0.9 0.0Materials Cost172.18$ 45.91$ 2,400.00$Total Equipment & Labor Costs9$ 5$Total Capital Cost of Control3,673$ 1,837$ 172.18$ 45.91$ 2,400.00$Project Capital Cost (2009 $)4,793$ 1,837$ 225$ 60$ 2,400$CRF (project term @ 4%)0.53 0.53 0.53 2.06 0.53Annualized Capital Cost (2009 $)2,541$ 974$ 119$ 123$ 1,272$Operations and Maintenance CostsEquivalent Project O&M (2009 $)DCF O&M Costs (2009 $)EmissionsEmission Factor (lb/ton handled) 0.029 0.029 0.029 0.029 0.029 0.029PM (tpy)0.435 0.435 0.435 0.435 0.435 0.435Control Efficiency (%)45% 85% 60 80 60Emission Reduction (tons/year)0.196 0.37 26.10 34.80 26.10Cost EffectivenessAverageCost Effectiveness ($/ton)12,981$ 2,633$ 5$ 4$ 49$Carryout TrackoutE-10AVAQMD Rule 403Final Staff Report, 5/5/2010Notes for Carryout TrackoutNotes: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 $100 per month rentalOther assumptions from SJVAPCD Reg VIII staff reportO&M cost calculated using real interest rate of 4%at 15 years as Discounted Cash Flow Factor (SCAQMDmethod)Annual inflation rate of 3% used to adjust to current year (2009 dollars)AVAQMD Rule 403E-11Final Staff Report, 5/5/2010Uncontrolled Control 1No WaterWaterOperational Days365 365Project Size (acres)5 5Year of estimate2009 2009Number of Applications (per year)9Application Rate (ac/hr)2.9 2.9Application Rate per unit area (gal/ac)629Application Time (hours)1.7Suppressant Unit Cost0.002$Suppressant Cost57$Total Equipment & Labor Costs2,483$Total Capital Cost of Control2,539$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 $)-$EmissionsEmission Factor (lb/acre-year)18 18PM (tpy)0.05 0.05Control Efficiency (%)50%Emission Reduction (tons/year)0.02Cost EffectivenessAverageCost Effectiveness ($/ton)117,375$Notes:Water truck and operator cost assumed to be $160 per hourOther assumptions from SJVAPCD Reg VIII staff reportO&M cost calculated using real interest rate of 4%at 15 years as Discounted Cash Flow Factor (SCAQMDmethod)Annual inflation rate of 3% used to adjust to current year (2009 dollars)Open AreasE-12AVAQMD Rule 403Final Staff Report, 5/5/2010Uncontrolled Control 1 Control 2 Control 3No Water WaterPetroleumEmulsionMagnesiumChlorideProject Size (acres)0.078 0.078 0.078 0.078Active Days200 200 200Duration of Treatment (years)0.005 0.005 0.005Year of estimate2009 2000 150 150Application Rate (ac/hr)2.9 2.9 2000 2000Application Rate per unit area (gal/ac)629 1 3Application Time (hours)0.0Suppressant Unit Cost0.002$Suppressant Cost0$ 172$ 52$Total Equipment & Labor Costs4$ 91$Total Capital Cost of Control4$ 172$ 143$Project Capital Cost (2009 $)6$ 224$ 187$CRF (project term @ 4%)203.99 203.99 203.99Annualized Capital Cost (2009 $)1,172$ 45,781$ 38,062$Operations and Maintenance CostsEquivalent Project O&M (2009 $)-$ -$DCF O&M Costs (2009 $)-$ -$EmissionsEmission Factor (lb/ton handled) 0.004 0.004 0.004 0.004PM (tpy)0.500 0.500 0.500 0.500Control Efficiency (%)50% 61% 80%Emission Reduction (tons/year)0.250 0.31 0.40Cost EffectivenessAverageCost Effectiveness ($/ton)4,686$ 150,100$ 95,154$Notes:Assumes 250,000 tons of material handled per yearWater truck and operator cost assumed to be $160 per hourOther assumptions from SJVAPCD Reg VIII staff reportO&M cost calculated using real interest rate of 4%at 15 years as Discounted Cash Flow Factor (SCAQMDmethod)Annual inflation rate of 3% used to adjust to current year (2009 dollars)Bulk Material HandlingAVAQMD Rule 403E-13Final Staff Report, 5/5/2010Uncontrolled Control 1UnpavedShoulderPavedShoulderYear of estimate2003Cost Effectiveness ($/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 ShoulderE-14AVAQMD Rule 403Final Staff Report, 5/5/2010Uncontrolled Control 1Open RoadEdgeCurb and GutterRoad EdgeYear of estimate1996Cost 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 GuttersAVAQMD Rule 403E-15Final Staff Report, 5/5/2010Uncontrolled Control 1 Control 2 Control 3 Control 4 Control 5Unpaved(graded) Water GravelPetroleumEmulsionMagnsiumChloride PavingOperational Days365 365 365 365 365 365Effective Lifetime of Treatment (years)0.02 2 0.5 0.5 20Road Segment Length (mi)1 1 1 1 1 1Road Width (feet)25 25 25 25 25 25Road Area (acres)3.0 3.0 3.0 3.0 3.0 3.0Annual Average Traffic (trips/day) 50 50 50 50 50 50Year of estimate2009 2009 2000 2000 2009 2009Application Rate (ac/hr)3 2.9 0.5 1 3Application Rate per unit area (gal/ac)629Suppressant Unit Cost0.002$Suppressant Cost4$ 15,000$ 6,600$ 2,000$ 788,462$Total Equipment & Labor Costs167$ 3,500$Total Capital Cost of Control171$ 15,000$ 6,600$ 7,800$ 788,462$Project Capital Cost (2009 $)171$ 19,572$ 8,612$ 7,800$ 788,462$CRF (project term @ 4%)51.01 0.53 2.06 2.06 0.07Annualized Capital Cost (2009 $)8,723$ 10,377$ 17,738$ 16,066$ 58,016$Operations and Maintenance Costs 500$ 500$ 500$ 500$ 500$ 580$Equivalent Project O&M (2009 $) 500$ 500$ 652$ 652$ 500$ 580$DCF O&M Costs (2009 $)5,559$ 5,559$ 7,253$ 7,253$ 5,559$ 6,450$EmissionsEmission Factor (lb/VMT)2.27 2.27 2.27 2.27 2.27 2.27PM (tpy)20.71 20.71 20.71 20.71 20.71 20.71Control Efficiency (%)50% 60% 61% 80% 99%Emission Reduction (tons/year)10.36 12.43 12.64 16.57 20.51Cost EffectivenessAverageCost Effectiveness ($/ton)1,379$ 1,419$ 1,978$ 1,305$ 3,144$Incremental to gradingCost Effectiveness ($/ton)842$ 971$ 1,538$ 970$ 2,873$Unpaved RoadsE-16AVAQMD Rule 403Final Staff Report, 5/5/2010Notes for Unpaved RoadsNotes: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. andare 1999 valuesRoad paving cost provided by Los Angeles County Department of Public Works ($820,000 per mile of 26' road, 4" asphalt on 6" base)Road paving cost equivalent to $5.97 per square footNumbers for other controls taken from SJVAPCD staffreport 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 (SCAQMDmethod)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 prepa ration of this staff report and the proposed
amendment of Rule 403:

1. Antelope Valley Air Quality Management District Rul e 430- Fugitive Dust, adopted 6/14/1978, SIP version.

2. AVAQMD List and Implementation Schedule for Distric t Measures to Reduce PM Pursuant to Health and Safety Code §39614(d), adopt ed August 16, 2005.

3. City of Lancaster Fugitive Dust Control Policy Draf t (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 Particulat e Matter – PM10 and PM2.5 (Implementation of Senate Bill 656, Sher 2003).

6. Great Basin Air Pollution Control District Board Or der 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 R ule 8011- General Requirements adopted November 15, 2001.

9. San Joaquin Valley Air Pollution Control District R ule 8011- General Requirements amended August 19, 2004.

10. San Joaquin Valley Air Pollution Control District R ule 8021- Construction, Demolition, Excavation, Extraction, And Other Earthmoving Activ ities adopted November 15, 2001

11. San Joaquin Valley Air Pollution Control District R ule 8021- Construction, Demolition, Excavation, Extraction, And Other Earthmoving Activ ities amended August 19, 2004.

12. San Joaquin Valley Air Pollution Control District R ule 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 R ule 8031- Bulk Materials amended August 19, 2004.

14. San Joaquin Valley Air Pollution Control District R ule 8041- Carryout And Trackout adopted November 15, 2001.

15. San Joaquin Valley Air Pollution Control District R ule 8041- Carryout And Trackout amended August 19, 2004.

16. San Joaquin Valley Air Pollution Control District R ule 8051- Open Areas adopted November 15, 2001.

17. San Joaquin Valley Air Pollution Control District R ule 8051- Open Areas amended August 19, 2004.

18. San Joaquin Valley Air Pollution Control District R ule 8061- Paved And Unpaved Roads adopted November 15, 2001

19. San Joaquin Valley Air Pollution Control District R ule 8061- Paved And Unpaved Roads amended August 19, 2004.

20. San Joaquin Valley Air Pollution Control District R ule 8071- Unpaved Vehicle/Equipment Traffic Areas amended September 16, 2004.

21. San Joaquin Valley Air Pollution Control District D raft Socioeconomic Impact Analysis of Regulation VIII (Fugitive MP10 Prohibitions), Se ptember,2001

22. San Joaquin Valley Air Pollution Control District D raft Staff Report BACM Amendments to Regulation VIII (Fugitive MP10 Prohib itions), September 27, 2001

23. San Joaquin Valley Air Pollution Control District D raft Staff Report BACM Amendments to Regulation VIII (Fugitive MP10 Prohib itions), August 19, 2004

24. San Joaquin Valley Air Pollution Control District F inal BACM Technological and Economic Feasibility Analysis, March 21, 2003.

25. San Joaquin Valley Air Pollution Control District C ost Effectiveness Analysis of Regulation VIII, September 27,2001

26. San Diego County Air Pollution Control District Rul e 55 – Fugitive Dust Control, adopted June 24, 2009.

27. South Coast Air Quality Management District Rule 40 3- 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 F inal Staff Report Proposed Amendments to Rule 403- Fugitive Dust, June 2005.

29. South Coast Air Quality Management District Rule 11 86-PM 10 Emissions From Paved and Unpaved Roads, and Livestock Operations, amende d 9/10/1999.

30. South Coast Air Quality Management District Rule 11 86-PM 10 Emissions From Paved and Unpaved Roads, and Livestock Operations, amende d 4/2/2004.

31. South Coast Air Quality Management District Rule 40 3.1- 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, 2005F-4 AVAQMD Rule 403 Final Staff Report, 5/5/2010 46. 72 FR 65285, November 20, 2007