______________________________________________________________________________

Appendix 3: Notice of Final Rulemakings for Rules 310 and 310.01

Page 104 of 720
NOTICE OF FINAL RULEMAKING

MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS

REGULATION III – CONTROL OF AIR CONTAMINANTS

PREAMBLE

1. Rules affected

Rule 310: Fugitive Dust from Dust-Generating Operations Amended

Rulemaking action

Rule 310.01: Fugitive Dust from Non-Traditional Sources of Fugitive Dust Amended

2. Statutory authority for the rulemaking

Authorizing statutes: A.R.S. §§ 49-474, 49-479, and 49-480

: 

Implementing statute: A.R.S. § 49-112

3.

Date of Adoption: January 27, 2010

The effective date of the rules:

4.

Notice of Rulemaking Docket Opening: 14 A.A.R. 4348, November 21, 2008

List of all previous notices appearing in the Register addressing the rulemaking:

Notice of Proposed Rulemaking: 14 A.A.R. 1429, September 4, 2009

5.

Name: Johanna M. Kuspert or Jo Crumbaker

The name and address of department personnel with whom persons may communicate regarding the 

rulemaking:

Maricopa County Air Quality Department

Address: 1001 N. Central Ave, Suite 595

Phoenix, AZ 85004

Telephone: (602) 506-0169

Fax: (602) 506-6179

E-mail: jkuspert@mail.maricopa.gov or jcrumbak@mail.maricopa.gov

6.

The Maricopa County Air Quality Department (department) revised Rules 310: Fugitive Dust from DustGenerating Operations and 310.01: Fugitive Dust from Non-Traditional Sources of Fugitive Dust. These rules 

establish limits for the emissions of particulate matter into the ambient air from any property, operation, or 

activity that may serve as a fugitive dust source (Rule 310) and from non-traditional sources of fugitive dust 

(e.g., open areas, vacant lots, unpaved parking lots, and unpaved roadways), which are not regulated by Rule 

310 and which are not required to have either a permit or a dust control plan (Rule 310.01). 

An explanation of the rule, including the department’s reasons for initiating the rulemaking:

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On June 6, 2007, the U.S. Environmental Protection Agency (EPA) found that the Phoenix metropolitan area 

failed to attain the 24-hour PM10 standard by the December 31, 2006, attainment deadline. This failure triggered 

a special requirement under Section 189(d) of the Clean Air Act (CAA) to submit a state implementation plan 

(SIP) revision to EPA by December 31, 2007. Such SIP revision was required to provide for annual reductions 

of PM10 or PM10 precursors of not less than five percent of the most recent emissions inventory, until the PM10

standard is attained. In addition, such SIP revision was required to continue to demonstrate that the revisions 

would meet the best available control measures (BACM) test and the most stringent measures (MSM) test for 

significant sources and source categories in accordance with CAA § 189(b)(1)(B) and 188(e). See 14 A.A.R. 

1842-1849, May 16, 2008 for a detailed discussion of the PM10 nonattainment areas status history and 

explanation of the March 2008 revisions to Rules 200, 310, 310.01, and Appendix C.

This SIP revision (referred to as the “Five Percent Plan”) was prepared by the Maricopa Association of 

Governments and submitted by the Arizona Department of Environmental Quality (ADEQ) to EPA by the 

December 31, 2007, deadline. In March 2008, to meet commitments made in the Five Percent Plan, the 

department revised Rules 200, 310, 310.01 and Appendix C.

In September 2008, the department began a rulemaking process to reduce confusion, improve understanding 

and readability of Rules 310 and 310.01, and re-insert text inadvertently omitted from Rule 310.01. The rule 

amendments do not interfere with the BACM and MSM tests and do not reduce the emissions reductions 

claimed in the Five Percent Plan. During the rulemaking process, the department conducted three public 

workshops, one Director’s courtesy briefing, one informational workshop, seven meetings with stakeholders, 

and eight conference calls with EPA. The department received written comments from 20 stakeholders

regarding this rulemaking process. The issues that were raised and discussed during this rulemaking process are

categorized as follows:

• Rooftop tile cutting exemption

• Affirmative defense during a wind event

• “Immediate” clean-up of trackout

• Definition of “area accessible to the public” and “public roadways”

• Definition of “gravel pad”

• Definition of “unpaved parking lot”

• Stabilization standards for unpaved parking lots and unpaved roads

• “As necessary”

• Alternative control measures

Details about these issues are described below and following such details is a list of specific amendments to

Rules 310 and 310.01.

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Rooftop Tile Cutting Exemption: The department received a formal request from Ballard Spahr Andrews & 

Ingersoll, LLP (Ballard Spahr) to exempt rooftop tile cutting from Rule 310. Because an acceptable dust control 

measure had not been identified that did not compromise worker safety or was not cost prohibitive, Ballard 

Spahr, representing certain entities which conduct rooftop tile cutting operations, requested that the department

exempt tile cutting, when it is occurring on a roof, from the visible emissions requirements in Rule 310, Section 

303 - specifically the 20% opacity limitation and the property line requirement. The exemption request was only 

for tile cutting that occurs on a rooftop. 

Issues Raised and Discussed During This Rulemaking Process:

Ballard Spahr provided the following documentation in defense of their exemption request:

• Study results from the National Institute of Occupational Safety and Health (NIOSH) regarding dust 

control measures for rooftop tile cutting and alternative solutions;

• An analysis of shrouding or total enclosure suggested by the department;

• Effectiveness evaluations for engineering controls in reducing respirable dust, silica exposures, and noise 

during tasks where roofers cut concrete roofing tiles; and

• An example of the California Department of Industrial Relations, Division of Occupational Safety and

Health (Cal/OSHA) construction safety regulation enacted in October 2008 requiring measures to reduce 

employee exposure from silica dust-generating operations in which rooftop tile cutting activities are 

exempt.

The department reviewed the documentation submitted by Ballard Spahr and revised Rule 310 to include an 

exemption for rooftop tile cutting (Rule 310, new Section 103.5), when such activity is occurring on a pitched 

roof. The department prepared an analysis of the requested exemption and an explanation of why the 

department decided to exempt rooftop tile cutting from Rule 310. See Item 8 of this notice for more information 

regarding the department’s analysis and explanation.

Affirmative Defense during a Wind Event: The department was requested to revise the provision in Rule 310 

regarding an affirmative defense in an enforcement action if an owner and/or operator exceeds the opacity limits 

during a wind event (Rule 310, Section 303.2(a)). The argument posed in opposition to the current provision 

was that “[t]he wind event definition itself is dysfunctional, because a 25 mph wind as a sixty minute average is 

so rare as to be valueless and there is no way to determine whether the definition has been met until the sixtyfirst minute, which is much too late to institute mitigatory measures.” Alternatives under discussion included an 

instantaneous wind speed standard, Clark County’s definition, which centers around what wind causes (excess 

opacity) rather than a specific speed, and establishing the dust control permit as the standard to which the 

permittee must comply in order to assert the affirmative defense rather than the control measures listed in Rule 

310 specific to an affirmative defense during a wind event. EPA informed the department that an instantaneous 

standard for a wind event is less stringent than the current provision in Rule 310.

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The department considered the issues and deleted text regarding the wind event exemption from the visible 

emissions requirement (Rule 310, Section 303.2(a)). In its place, the department added text similar to Clark

County rule 94.9.3 and retained some text from the existing version of Rule 310. The intent of the proposed 

replacement language is to require escalating controls as winds increase. Ceasing operations is the ultimate 

control when all else fails. The new provision requires ceasing operations at a lower threshold (e.g., earlier and 

more frequently) resulting in a provision that is as stringent as the former provision. Also, the department 

deleted the definition of “wind event” (Rule 310, Section 236).

“Immediate” Clean-Up of Trackout: The department was requested to replace the word “immediately” with a 

specific time limit for cleaning up trackout. The concern was that the word “immediately” creates confusion, 

because trackout takes time to remove. Even if a person reacts instantaneously to begin trackout removal, it 

takes time for the equipment to be brought to the location and for the trackout to be cleaned.

EPA informed the department that the insertion of a specific time limit for cleaning up trackout would be less 

stringent than the current provision in Rule 310.

The department asserted that specifying a time period that would be considered “immediate” would in essence 

create a grace period for action once the trackout reaches the regulatory limit. In the department’s experience, 

trackout builds up over time and the individual who can take action has a duty to monitor trackout and should 

be aware that clean-up is needed. The focus should be to prevent the trackout from reaching the regulatory limit.

The department considered the issues and did not amend the trackout provisions, but rather left the text as 

currently written: “Clean-up trackout...immediately when trackout...extends a cumulative distance of 25 linear 

feet or more.”

Definition of “Area Accessible to the Public” and Definition of “Public Roadways”: The department was 

asked to make the definition of “area accessible to the public” clear that it applies to paved areas and to areas 

outside the work site. The intention being that this clarification would clarify for the regulated community and 

the department what is and is not covered by this definition, and exclude private roads that are inside a worksite.

Also, in light of the definition of “area accessible to the public”, the department was asked to revise the 

definition of “public roadways” to exclude public access to otherwise private areas and roadways.

The department asserted that the basis for these definitions is the fact that members of the public can be exposed 

to fugitive dust from private roadways to which they have access. The term “area accessible to the public” 

covers paved parking lots accessible to the public, schools, churches, and gated subdivisions. The term is 

intended to close a loophole that allowed permittees to use parking lot surfaces as trackout control devices 

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without restricting public travel during work hours and to clarify at what physical point trackout must be 

controlled and cleaned up. The key factor is whether an area is “open to public travel”. A roadway is not public 

if either (1) access to private roads is limited by posting signs to clearly indicate who might utilize a private 

roadway or (2) physically limiting access by installing barriers. 

The department considered the issues and added “paved” and deleted “public” in the definition of “area 

accessible to the public” (Rule 310, Section 202). Also, the department deleted the definition of “public 

roadways” (Rule 310, Section 227), because the concept is already captured in the definition of “area accessible 

to the public”.

Definition of “Gravel Pad”: The department was asked to revise the definition of “gravel pad” to address 

situations in which the exit area is smaller than the gravel pad dimensions required in the rule. The department 

was asked to consider revising the definition such that a gravel pad area be at least 30 feet wide, but if there is 

not 30 feet of width/area, then the entire width of the exit should be covered/used as a gravel pad. In addition, 

the department was asked to change the required diameter of the rock used in a gravel pad, to change the 

required length and depth of a gravel pad, and to provide studies or other documentation supporting the required 

dimensions of a gravel pad.

The department considered the issues and added a sentence in the definition of “gravel pad” (Rule 310, Section 

217) to include an unpaved exit less than than 30 feet wide. The sentence, particularly the last part – “and such 

shorter width shall be adequate to prevent trackout” – does not imply that width is the only important factor and 

that width is the only part of the gravel pad that must prevent trackout.

The definition of “gravel pad” and the gravel pad dimensions are modeled after those in the Clark County 

Construction Activities Dust Control Handbook. The EPA published “Control of Open Fugitive Dust Sources” 

in 1988 (EPA-450/3-88-008) and revised the document in 1992. The revised document, “Fugitive Dust 

Background Document and Technical Information Document for Best Available Control Measures” (EPA450/2-92-004) provides technical information on control of fugitive dust sources, provides background 

information that may be useful in determining reasonably available control measures (RACM) and best 

available control measures (BACM) for fugitive dust sources, provides technical guidance for the development 

of BACM strategies for fugitive dust in areas that are designated serious nonattainment for PM10. 

Definition of “Unpaved Parking Lot”: The department was asked to revise the definition of “unpaved parking 

lot” to insert a size restriction (i.e., 3,000 square feet) to match the smallest size cited in Senate Bill 1552

(Arizona Revised Statutes (A.R.S.) § 49-474.01). The concern was that some size restriction was needed to 

define what constitutes a parking lot in order to prevent the creation of a regulated parking lot by a mere single 

Page 109 of 720
parked vehicle. In addition, the concern was what criteria is used to determine that such area is a parking 

lot/area, when an area is not designated as a parking lot/area in the dust control plan.

The department considered the issues and added the phrase “that is designated for parking in the dust control 

plan or” in the definition of “unpaved parking lot” (Rule 310, Section 232). In addition, to accommodate this 

amendment, the department amended Rule 310, Section 402.3(b) to specify that unpaved parking lots must be 

identified on the site drawing required for the dust control plan. The department agrees that an isolated incident 

of “parking, maneuvering, material handling, or storing motor vehicles and equipment” does not convert a 

vacant area or property in use for the purpose described in the dust control plan into a parking lot.

Stabilization Standards for Unpaved Parking Lots and Unpaved Roads: The department was asked to 

clarify the stabilization standards (i.e., 20% opacity, silt loading, and silt content) for unpaved parking lots and 

unpaved roads. The concern was that it is unclear with which standard and owner and/or operator must comply 

– one of the standards, two of the standards, or all three of the standards.

The stabilization standards for unpaved parking lots and unpaved roads are described in Rule 310, Sections 

304.1 and 304.2(a) and in Rule 310.01, Sections 302.6(a)(2), 302.7(a), and 302.10(a). The stabilization 

standards were required by the Federal Implementation Plan (FIP) (64 FR 71304, December 21, 1999). The FIP 

states: “The final FIP rule contains an opacity standard of 20% for unpaved roads and unpaved parking 

lots....Sources subject to the FIP rule will need to comply with both a silt content standard and an opacity 

standard...Surfaces with less than 0.33 oz/ft2 silt loading will be considered stable under the FIP rule. However, 

when silt loading is greater than 0.33 oz/ft2 , the silt content standard of 6% for unpaved roads and 8% for 

unpaved parking lots must be met...Retaining both the opacity and the silt content standards and test methods in 

the FIP rule...will allow opportunities to compare the relative value...of the two tests.”

The department considered the issues and revised the stabilization standards for unpaved parking lots and 

unpaved roads to match the intent of such standards as described in the FIP. Therefore, both Rule 310 and Rule 

310.01 state that, for unpaved parking lots and unpaved roads, an owner and/or operator must comply with the 

20% opacity standard and the silt loading standard (i.e., less than 0.33 oz/ft2

). If silt loading is equal to or 

greater than 0.33 oz/ft2

, then an owner and/or operator must comply with the silt content standard (i.e., 8% or 

less for unpaved parking lots and 6% or less for unpaved roads).

“As Necessary”: The department was asked to clarify the phrase “as necessary”, as it is used in Rule 310 

regarding control measures for bulk material stacking, loading and unloading operations, open storage piles, and 

disturbed surface areas. The concern was that the phrase lacks specificity.

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The department considered the issues, reviewed Clark County’s Dust Control Handbook and Section 94 and 

South Coast’s Best Available Control Measures for construction activities as described in Rule 403, and deleted 

“as necessary” from Rule 310, Sections 305.4(a), 305.4(b), 305.5(a)(1), 305.5(a)(2), 305.11(b)(1), and 

305.11(b)(2). In its place, the department added the phrases (as control measures for “prior to” stacking, 

loading, and unloading): “mix material with water or mix material with a dust suppressant other than water”. 

Also, the department added the phrase (as a control measure for “while disturbed surfaces are being created”): 

“to keep the soil visibly moist throughout the process.”

Alternative Control Measures: The department was asked to add the option of using an alternative control 

measure to the control measures required for livestock activities in Rule 310.01. Also, the department was asked 

to provide further explanation regarding the application and approval process for alternative control measures.

The department considered the issues and included the option of using an alternative control measure for 

livestock activities in Rule 310.01, Section 302.8(b). In addition, the department developed language that 

explains the application and approval process for alternative control measures. This language will be 

incorporated into a guidance document, which will, in turn, be incorporated into a separate rule in Regulation II 

of the Maricopa County Air Pollution Control Regulations, when such regulation is revised.

Description of Proposed Amendments

Rule 310: Fugitive Dust from Dust-Generating Operations: The amendments in Rule 310 are categorized as 

follows:

: 

• Clarified exemptions

• Clarified dust control permit and dust control plan requirements

• Clarified trackout control device requirements

• Clarified control measures for certain activities

• Clarified how Rule 310 applies to certain sources/dust-generating operations

• Corrected typographical or other clerical errors

Details about these amendments are described below.

Clarified exemptions – The amendments make the following changes to Rule 310 exemptions:

• Section 103.4

•

: Deleted an exemption regarding stabilization requirements for disturbed surface areas and 

added parallel text to Section 304.3: Disturbed Surface Area to clarify that disturbed surface areas are not 

exempt from the provisions of Rule 310.

Re-Numbered Section 103.4

•

: Amended the sentence structure regarding the exemption for establishing 

initial landscapes.

New Section 103.5: Added an exemption for rooftop tile cutting to avoid creating potentially unsafe 

conditions by requiring dust control measures for rooftop tile cutting.

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• Section 103.6

•

: Deleted the exemption regarding fugitive dust and added parallel text to Section 216: 

Definition of Fugitive Dust to clarify that fugitive dust is not considered exempt from the provisions of 

Rule 310.

Section 303.2(a)

•

: Deleted text regarding the wind event exemption from the visible emissions requirement 

and added text similar to Clark County rule 94.9.3. Retained text from existing version of Rule 310 to 

clarify the intent and implementation of the proposed replacement language. Deleted Section 236: 

Definition of Wind Event. Deleted Section 305.9(a) regarding the control measure for blasting operations 

when wind speed is greater than 25 miles per hour; such provision is addressed in the proposed 

amendments in Section 303.2(a).

New Section 303.2(e): Added a partial exemption from the requirements in Section 303.2(a) regarding 

ceasing operations at a solid waste management facility.

Clarified dust control permit and dust control plan requirements – The amendments make the following 

changes to clarify dust control permit and dust control plan requirements:

• Section 302.5

•

: Added specification regarding manner and form for filing a permit application.

Section 308.2

•

: Deleted “and expiration date” from being required on a project information sign.

Sections 309.1, 310.7 and 404.2

•

: Clarified dust control block permit application and training requirements.

New Sections 309.1(e) and 309.2(c)

•

: Added text regarding the Control Officer having authority to suspend 

or revoke a certification issued to a person having successfully completed a dust control training class.

Section 402.3

•

: Clarified the required elements of the drawing for a dust control plan.

New Section 402.3(b)(6)

•

: Added “unpaved parking lot(s)” to the list of items that must be included in the 

drawing for the dust control plan to match amendments to re-numbered Section 232: Definition of Unpaved 

Parking Lot.

Section 406

•

: Added, as last sentence, terms for permits for dust-generating operations to address concerns 

that the department issues Notices of Violation (NOVs) when a permit and a dust control plan are both onsite but the permit has expired even though there was a timely application for the permit’s renewal.

Section 502.1: Added “for dust control measures” to recordkeeping requirements to specify that the 

department is only interested in water used for dust control purposes.

Clarified trackout control device requirements – The amendments make the following changes to clarify 

trackout control device requirements:

• Section 217: Clarified that using a 30-foot wide gravel pad is contingent on the physical impossibility of 

widening the existing exit – not mere inconvenience.

Clarified control measures for certain activities – The amendments make the following changes to clarify 

control measures for certain activities:

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• Section 305.4

•

: Re-formatted the control measures for bulk material stacking, loading, and unloading 

operations, so that control measures are identified for “prior to” stacking, loading, and unloading and 

“while” stacking, loading, and unloading. Deleted “as necessary” and, for “prior to” stacking, loading, and 

unloading, added “mix material with water or mix material with a dust suppressant other than water.”

Section 305.5

•

: Re-formatted the control measures for open storage piles, so that control measures are 

identified “when not” conducting stacking, loading, and unloading. Deleted Section 305.5(a) regarding 

control measures for prior to and/or while stacking, loading, and unloading, because such control measures 

are addressed in Section 305.4.

Section 305.11(b)(1)

•

: Deleted “as necessary” and added “to keep the soil visibly moist throughout the 

process”, for the control measure regarding “while disturbed surfaces are being created”.

Section 305.11(b)(2): Deleted “as necessary” for the control measure regarding “while disturbed surfaces 

are being created”, because “as necessary” is redundant; the control measure specifies that water must be 

applied to maintain a soil moisture content at a minimum of 12%.

Clarified how Rule 310 applies to certain sources/dust-generating operations – The amendments make the 

following changes to clarify how Rule 310 applies to certain sources/dust-generating operations:

• Section 202

•

: Added “paved” and deleted “public” to clarify what is and is not considered an area accessible 

to the public.

Re-Numbered Section 232

•

: Added the phrase “that is designated for parking in the dust control plan or” in 

the definition of “unpaved parking lot” to clarify what is considered an unpaved parking lot.

Section 227

•

: Deleted the definition of “public roadways” because the concept is already captured in Section 

202: Definition of Area Accessible to The Public.

Section 301

•

: Amended text regarding what constitutes a Rule 310 violation; used same text that was 

approved in Rule 310 in 2004.

Section 301.4: Added a sentence that was previously contained in Section 402.4.

Corrected typographical or other clerical errors; made minor grammatical changes to improve 

readability or clarity; modified the format, order, capitalization, punctuation, or syntax of certain text to 

increase standardization within and among rules; or made various other minor changes of a purely 

editorial nature – The amendments make the following changes:

• Section 200

•

: Clarified introduction to definitions section.

Section 205.9

•

: Deleted “paved”.

Section 205.11

•

: Deleted “paved” and added “an”.

Re-Numbered Section 229

•

: Deleted “a paved” and added “an”.

Re-Numbered Section 230

•

: Deleted “a paved” and added “an”.

Section 303.1: Deleted “opacity limitation” and added “visible emissions”.

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• Section 303.1(b)

•

: Deleted “suffer”.

Section 303.2

•

: Deleted “opacity limitation” and added “visible emissions”.

Section 303.2(b)

•

: Deleted “opacity limit” and added “visible emissions limits”.

Section 303.2(c)

•

: Deleted “opacity” and added “visible emissions”.

Section 304.1

•

: Clarified the stabilization requirements for unpaved parking lots.

Section 304.2(a)

•

: Clarified the stabilization requirements for unpaved haul/access roads.

Section 304.2(b)

•

: Deleted “including” and added “whether”.

Section 304.3

•

: Deleted “including” and added “whether” and clarified second sentence regarding “visibly 

distinguishable stabilization characteristics”.

Section 305

•

: Moved last sentence to second sentence in the introduction.

Section 305.1

•

: Deleted “paved” in the heading.

Section 305.2

•

: Deleted “a paved” and added “an”.

Section 305.3

•

: Deleted “a paved” and added “an”. 

Re-Numbered Section 305.5(c)

•

: Deleted “soil” and added “visible”.

Re-Numbered Section 305.5(d)

•

: Deleted “a paved” and added “an”.

Section 305.10(b)

•

: Added “visible”.

Section 305.11(c)(2)

•

: Deleted “in sufficient quantity”.

Section 306.1

•

: Deleted “paved”.

Sections 306.1(b)(1)-(4)

•

: Deleted “paved”.

Section 306.2(a)

•

: Deleted “paved”.

Section 307

•

: Deleted “soil” and added “visible”.

Section 402.3(b)(5)

•

: Deleted “paved”.

Section 402.3(e)

•

: Deleted “paved”.

Section 402.4

•

: Deleted last sentence and added the sentence to Section 301.4.

Section 403.3(a)

•

: Un-deleted “be”.

Section 501.2(c)(1)

•

: Deleted “visible” and added “soil”.

Section 503

•

: Deleted “must” and added “shall”.

Section 504: Deleted “adopted” and added “incorporated”.

Rule 310.01: Fugitive Dust from Non-Traditional Sources of Fugitive Dust: The amendments in Rule 

310.01 are categorized as follows:

• Clarified exemptions

• Clarified control measure requirements

• Clarified how Rule 310.01 applies to certain sources/dust-generating operations

• Corrected typographical or other clerical errors

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Details about these amendments are described below.

Clarified exemptions – The amendments make the following changes to Rule 310.01 exemptions:

• Section 103.4

•

: Deleted an exemption regarding stabilization requirements for disturbed surface areas, 

because the exemption contradicts the purpose of Rule 310.01.

Re-Numbered Section 103.4

•

: Amended the sentence structure regarding exemption for establishing initial 

landscapes.

Section 103.6: Deleted an exemption regarding fugitive dust and added parallel text to Section 213: 

Definition of Fugitive Dust to clarify that disturbed surface areas are not exempt from the provisions of 

Rule 310.01.

Clarified control measure requirements – The amendments make the following changes to clarify control 

measure requirements:

• Section 214

•

: Clarified that using a 30-foot wide gravel pad is contingent on the physical impossibility of 

widening the existing exit – not mere inconvenience.

Sections 302.4 and 302.5

•

: Added stabilization requirements for vehicle use in open areas and vacant lots 

and for open areas and vacant lots. Such requirements were inadvertently omitted when Rule 310.01 was 

adopted on March 26, 2008.

Section 302.6(b)

•

: Clarified relationship between existing control measures for unpaved parking lots and 

Senate Bill 1552 / Arizona Revised Statutes (A.R.S.) § 9-500.04.

Section 302.8(b)

•

: Added an alternative control measure option to the control measures required for 

livestock activities.

Sections 302.8(b)(1) and 302.8(b)(2)

•

: Combined Sections 302.8(b)(1) and 302.8(b)(2) into Section 

302.8(b)(1) and added two control measures – apply water and install a trackout control device (Section 

302.8(b)(1)(a)) and limit vehicle trips and vehicle speeds (Section 302.8(b)(1)(d)).

New Section 302.8(b)(3)(e)

•

: Added a control measure for corrals, pens, and arenas.

Section 302.8(c)(1)

•

: Revised first sentence to clarify that at least one control measure from each of the 

three sections must be implemented. Added a sentence regarding alternative control measures for livestock 

activities. 

Section 302.10(c)(2): Amended the traffic count requirements to match traffic count requirements in 

Section 302.7(c)(2). Text was inadvertently omitted when Rule 310.01 was adopted on March 26, 2008.

Clarified how Rule 310.01 applies to certain sources/dust-generating operations – The amendments make 

the following changes to clarify how Rule 310.01 applies to certain sources/dust-generating operations:

• Section 203: Added “paved” and deleted “public” to clarify what is and is not considered an area accessible 

to the public.

Page 115 of 720
• Section 216

•

: Added “residential activities related to feeding and raising animals” to clarify that livestock 

activities apply not only to large arenas and livestock events but also to residential activities related to 

feeding and raising animals.

Section 231: Deleted “and any other property dedicated or otherwise reserved for public or private street 

uses, as evidenced by a recorded document, or having thereon a public easement for such use” to clarify 

that the definition of “unpaved roadway” does not apply to private roads.

Corrected typographical or other clerical errors; made minor grammatical changes to improve 

readability or clarity; modified the format, order, capitalization, punctuation, or syntax of certain text to 

increase standardization within and among rules; or made various other minor changes of a purely 

editorial nature – The amendments make the following changes:

• Section 200

•

: Clarified introduction to definitions section.

Section 215

•

: Deleted “and/or haul trucks”.

Section 227

•

: Deleted “a paved” and added “an”.

Section 228

•

: Deleted “a paved” and added “an”.

Section 302.2

•

: Deleted “achieve” and added “and stabilization requirements” and added “to achieve”.

Section 302.4

•

: Deleted “visible emissions”.

Section 302.4(a)

•

: Deleted “and stabilization requirements”.

Section 302.4(a)(2)(a)

•

: Deleted “visible” and added “soil”.

Section 302.4(c)(3)

•

: Deleted “achieve the compliance determinations” and added “meet the requirements”.

Section 302.4(c)(5)

•

: Deleted “still achieve the compliance determinations described in Section 501 of this 

rule” and added “meet the requirements described in Section 302.5 of this rule”.

Section 302.4(c)(6)

•

: Deleted “still achieve the compliance determinations described in Section 501 of this 

rule” and added “meet the requirements described in Section 302.5 of this rule”.

Section 302.5

•

: Deleted “visible emissions”.

Section 302.5(a)

•

: Added “and stabilization requirements”.

Section 302.5(a)(2)(a)

•

: Deleted “visible” and added “soil”.

Section 302.5(b)(1)-(5)

•

: Added “or”. 

Section 302.5(c)(3)

•

: Deleted “achieves the compliance determinations” and added “meets the 

requirements”.

Section 302.6(a)(1)

•

: Deleted “suffer”.

Section 302.6(a)(2)

•

: Clarified the stabilization requirements for unpaved parking lots.

Re-Numbered Section 302.6(c)(2)

•

: Deleted “paved”. 

Section 302.7

•

: Deleted “stabilization”.

Section 302.7(a): Clarified the stabilization requirements for unpaved roadways (including alleys).

Page 116 of 720
• Section 302.7(c)(3)(a)

•

: Deleted “achieves the compliance determinations” and added “meets the 

requirements”.

Section 302.8

•

: Deleted “visible emissions”.

Section 302.8(a)(3)

•

: Deleted “suffer”.

Re-Numbered Section 302.8(b)(2)

•

: Deleted “a paved” and added “an”.

Section 302.8(c)(3)

•

: Deleted “paved”.

Section 302.10

•

: Deleted “stabilization”.

Section 302.10(a)

•

: Clarified the stabilization requirements for easements, rights-of-way, and access roads 

for utilities.

Section 302.10(c)(3)

•

: Deleted “achieves the compliance determinations” and added “meets the 

requirements”.

Section 501.3: Deleted “an open area and vacant lot” and added “open areas and vacant lots and/or open 

areas and vacant lots”.

7. Demonstration of compliance with A.R.S. § 49-112

Under A.R.S. § 49-479(C), a county may not adopt a rule or ordinance that is more stringent than the rules 

adopted by the Director of ADEQ for similar sources unless it demonstrates compliance with the requirements 

of A.R.S. § 49-112.

: 

A.R.S. § 49-112 (A): 

When authorized by law, a county may adopt a rule, ordinance, or other regulation that is more stringent than or 

in addition to a provision of this title or rule adopted by the director or any board or commission authorized to 

adopt rules pursuant to this title if all the following conditions are met:

1. The rule, ordinance or other regulation is necessary to address a peculiar local condition;

2. There is credible evidence that the rule, ordinance or other regulation is either:

(a) Necessary to prevent a significant threat to public health or the environment that results from a peculiar 

local condition and is technically and economically feasible. 

(b) Required under a federal statute or regulation, or authorized pursuant to an intergovernmental 

agreement with the federal government to enforce federal statutes or regulations if the county rule, 

ordinance or other regulation is equivalent to federal statutes or regulations.

The Phoenix Nonattainment Area is the only nonattainment area designated serious for PM10 in Arizona. 

Consequently stronger regulations must be adopted in this area to address a serious health threat. On June 6, 

2007, EPA found that the Phoenix metropolitan area failed to attain the 24-hour PM10 standard by the December 

31, 2006, attainment deadline. This failure triggered a special requirement under Section 189(d) of the Clean 

Air Act to submit a SIP revision to EPA by December 31, 2007. Such SIP revision must provide for annual 

reductions of PM10 or PM10 precursors of not less than five percent of the most recent emissions inventory, until 

Page 117 of 720
the PM10 standard is attained. The Phoenix Nonattainment Area is one of three areas in the entire country for 

which EPA has issued a finding that Section 189(d) has been triggered. 

The SIP revision was prepared by the Maricopa Association of Governments and submitted by ADEQ to EPA 

by the December 31, 2007, deadline. In March 2008, in response to the SIP revision and to implement control 

measures and increase compliance with existing rules, the department revised Rules 200, 310, 310.01 and 

Appendix C. Such previous rule revisions, as published in the Arizona Administrative Register (14 A.A.R. 

1846, May 16, 2008), complied with A.R.S. § 49-112 (A)(1) and § 49-112 (A)(2). In this rulemaking, the 

department revised Rules 310 and 310.01 to correct grammatical errors and to clarify certain sections. These 

amendments also comply with A.R.S. § 49-112 (A)(1) and A.R.S. § 49-112 (A)(2).

8. A reference to any study relevant to the rule that the department reviewed and either proposes to rely on 

in its evaluation of or justification for the rule, where the public may obtain or review each study, all data 

underlying each study, and any analysis of each study and other supporting material

Clark County Air Quality Regulations, Section 94-Permitting and Dust Control for Construction Activities: 

Sections 94.11.3 and 94.9.3. Available at:

http://www.accessclarkcounty.com/depts/daqem/aq/rules/pages/regs.aspx

: 

South Coast Air Quality Management District, Rule 403 Fugitive Dust: Rule 403 Section (d)(4). Available at:

http://www.aqmd.gov/rules/rulesreg.html

Ballard Spahr Andrews & Ingersoll, LLP, "Formal Request for Exemption from Maricopa County Rule 310, 

Fugitive Dust from Dust Generating Operations for Rooftop Tile Cutting", letter, June 5, 2008. Document 

available by contacting persons listed in Item 5 of this notice.

Maricopa County Air Quality Department, “Analysis of Rooftop Tile Cutting Exemption”. Document available 

by contacting persons listed in Item 5 of this notice.

9. A showing of good cause why the rule is necessary to promote a statewide interest if the rule will diminish 

a previous grant of authority of a political subdivision

Not applicable

: 

10. Summary of the economic, small business, and consumer impact

10.1 Summary

: 

This rulemaking corrected and clarified existing rule provisions and definitions to reduce confusion and 

improve understanding and readability. Amendments to these rules are described in detail under Item 6 of this 

notice. 

Page 118 of 720
The department considered the implications of the amendments to the regulated entities and the implementing 

agency and deemed that none of the amendments have potentially significant economic impacts.

Because this rulemaking does not impose any new compliance burdens on regulated entities or introduce 

additional regulatory requirements on the department, it is not necessary for the department to prepare a detailed 

economic impact assessment.

10.2 Data Availability and Limitations of Assumptions

During the formal comment period for this rulemaking, the department did not receive from interested parties 

additional relevant information and documentation on the anticipated costs and benefits resulting from 

compliance with the proposed rule(s).

11. Name and address of department personnel with whom persons may communicate regarding the 

accuracy of the economic, small business, and consumer impact statement

Name: Johanna M. Kuspert or Jo Crumbaker

: 

Maricopa County Air Quality Department

Address: 1001 N. Central Ave, Suite 595

Phoenix, AZ 85004

Telephone: (602) 506-0169

Fax: (602) 506-6179

E-mail: jkuspert@mail.maricopa.gov or jcrumbak@mail.maricopa.gov

12.

Since the final drafts of Rules 310 and 310.01 were published in the Notice of Proposed Rulemaking on 

September 4, 2009, the following changes were made to Rule 310 and Rule 310.01. The changes appear in the 

text of the final rules published in this Notice of Final Rulemaking:

Description of the changes between the proposed rules, including supplemental notices and final rules:

Rule 310, Section 304.3(a): In the Notice of Proposed Rulemaking, “soil” was proposed to be deleted from one 

of the stabilization standards for a disturbed surface area - “maintain a soil crust” - and the term “visible” was 

proposed to be added. In this Notice of Final Rulemaking, “soil” was returned to the phrase and “visible” was

not added. A soil crust – not a visible crust - must be maintained in order to properly conduct the test methods 

associated with determining stabilization of a disturbed surface area.

Rule 310, Sections 306.1(a), 306.2(b)(1)-(4), and 306.2(a): In the Notice of Proposed Rulemaking, “paved” 

modified “area accessible to the public” in these sections. In this Notice of Final Rulemaking, the definition of 

Page 119 of 720
“area accessible to the public” has been revised to include paved surfaces; therefore, “paved” was deleted from 

these sections where it appears before “area accessible to the public”.

Rule 310, Section 406: In the Notice of Proposed Rulemaking, the following sentence was proposed to be 

added: “For the purpose of this section, a permit is considered expired, if a permit renewal is not applied for in a 

timely manner”. In this Notice of Final Rulemaking, the phrase “in a timely manner” was changed to “at least 

14 calendar days prior to the expiration date of the original permit”.

Rule 310, Section 501.2(c)(1): In the Notice of Proposed Rulemaking, “visible” was used in Section 

501.2(c)(1). In this Notice of Final Rulemaking, “visible” was changed to “soil”. A soil crust – not a visible 

crust – is the standard for stabilization measures.

Rule 310.01, Sections 302.4(a)(2)(a) and 302.5(a)(2)(a): In the Notice of Proposed Rulemaking, “visible” was 

used in Sections 302.4(a)(2)(a) and 302.5(a)(2)(a). In this Notice of Final Rulemaking, “visible” was changed to 

“soil”. A soil crust – not a visible crust – is the standard for stabilization measures.

13.

The department conducted three public workshops, one director’s courtesy briefing, and one informational 

workshop during the informal rulemaking process – September 2008-July 2009. The department received 

formal comments during the formal comment periods: the 30-day comment period for the oral proceeding 

(September-October, 2009) and the 30-day comment period for the public hearing (December, 2009-January,

2010). The department received formal comments from the following stakeholders: Arizona Department of

Transportation (ADOT), Maricopa County Farm Bureau, Arizona Center for Law in the Public Interest 

(ACLPI), and Happy Planet Consulting. The formal comments and the department’s responses to such formal

comments are written below:

A summary of the comments made regarding the rule and the department response to them:

Rule 310, New Section 103.5 – Rooftop Tile Cutting Exemption

Comment #1: We have reviewed both the exemption request (although not the supporting documentation) and 

the department’s analysis of the request, and do not disagree with the general principle that the proposed dust 

control measures should not be required if their effectiveness is limited and they disproportionately compromise 

worker safety. However, neither the proposed rulemaking nor the department’s analysis addresses the issue of 

BACM or MSM with respect to the rejected control measures. Although the rulemaking mentions that 

California exempts rooftop tile cutting from OSHA regulations regarding worker exposure to silica dustgenerating operations, it does not address whether the control measures are otherwise required in other 

jurisdictions as an air quality control measure. Are the rejected control measures or any other control measures 

currently being implemented in other jurisdictions to control dust from rooftop tile cutting? And if so, do those 

Page 120 of 720
control measures represent BACM or MSM? We believe that any decision to exempt rooftop tile cutting must 

also answer these questions.

Response #1: In 2007, the department issued a notice of violation for opacity greater than 20% for dust from 

rooftop tile cutting, an activity the department rarely encounters. In response, the roofing industry filed a 

petition requesting a very limited exemption for tile cutting taking place on a pitched roof. That document 

presented an analysis of technological and economic feasibility issues specific to rooftop tile cutting, raising 

these safety issues for rulemaking consideration. The petition included a National Institute for Occupational 

Safety and Health (NIOSH) study completed in September of 2006 that analyzed saws and cutters controlling 

respirable and crystalline silica dust. The cutting equipment and add-on controls introduced additional hazards 

for the workers, except for the manual cutter that did not provide the clean cut needed for the majority of 

roofing applications.

In 2007, the California Occupational Safety and Health Board (COSHB) initiated a rulemaking examining 

employee exposures from dust-generating operations conducted on masonry or concrete materials. The final 

rule adopted August 21, 2008 excludes rooftop tile cutting from the requirements to use a dust reduction 

system. COSHB noted in its Initial Statement of Reasons: “This exception is based on a conclusion that the 

prospect of using dust reduction systems appears at this time, considering the currently available technology and 

lack of information about its compatibility with roofing operations, to raise legitimate concerns about its 

feasibility, effectiveness, and susceptibility to creating slipping, tripping, and falling hazards when used in 

conjunction with roofing work on structures where fall distances can be fatal or seriously injurious.”

Rules 310 and 310.01 are part of the State Implementation Plan (SIP) revision referred to as the “Five 

Percent Plan”. The Five Percent Plan must meet the best available control measures (BACM) test and the most 

stringent measures (MSM) test for significant sources and source categories. The BACM and MSM tests require 

a review of rules and regulations from other jurisdictions across the United States and the incorporation of those 

requirements identified as feasible and more stringent than current control measures required by local rules; 

however, the requirement to meet BACM and MSM does not require the implementation of measures that are 

infeasible on technological or economic grounds, measures for insignificant source categories, or measures or 

groups of measures that will not contribute to expeditious attainment. When competing or similar control 

measures or work practice standards are deemed BACM or MSM in various parts of the country, the EPA 

allows some flexibility to determine which control measure and/or control measures to choose. In addition, 

since a BACM demonstration is done source category by source category and not measure by measure, the EPA 

looks at all the control measures for that category when determining if a state has provided for the 

implementation of BACM on a particular source category. In this particular instance, Rule 310 alone does not 

constitute the entire BACM-level control strategy. Rather, it is the combination of Rule 310, Rule 310.01, and 

city and town commitments that constitute the BACM strategy.

Rooftop tile cutting is not an explicit source category in the 2005 periodic PM10 emissions inventory, 

because there is no EPA guidance, emission factors, or any other information available on estimating emissions 

specific to rooftop tile cutting. The following construction-related dust sources are assumed to be included in 

Page 121 of 720
construction emission estimates: demolition and debris removal; site preparation (earth moving); and general 

construction (i.e. vehicular traffic, crushing, screening, material transfers, and other operations). Because 

rooftop tile cutting is an activity that occurs during residential and commercial construction, emissions from 

rooftop tile cutting are presumed to be included in construction emissions estimates.

The department has no data on how much of construction emissions may be apportioned to tile cutting; 

however, applying a conservative assumption that twenty percent (20%) of the contribution from construction 

activities are from tile cutting, results in a contribution between 0.20 to 3.91μg/m3

. This estimated contribution 

falls well below the 5 μg/m3 value EPA generally presumes to be de minimis for a 24-hour average.

Consequently, the department amended Rule 310 such that the provisions of Rule 310 “...shall not apply to 

rooftop operations for cutting, drilling, grinding, or coring roofing tile when such activity is occurring on a 

pitched roof.” The department has determined that this amendment is the most suitable approach to balance air 

quality and worker safety.

Rule 310, Section 203 – Definition of “Bulk Material”

Comment #2: The definition of “bulk material” states, in part: “Any material including, but not limited to, the 

following materials that are capable of generating fugitive dust...cotton, feeds, grains...” With this definition, if 

a source is stacking, loading, or unloading bulk materials (i.e., cotton, feeds, or grains), then such source would 

have to comply with Rule 310, Section 305.4. Rule 310, Section 305.4 states, in part: “The owner and/or 

operator of a dust-generating operation that involves bulk material stacking, loading, and unloading operations 

shall...prior to stacking, loading, and unloading (1) mix material with water; or (2) mix material with a dust 

suppressant other than water...” Both of these control measures are detrimental to the integrity of cotton, feeds, 

and grains.

Response #2: The department did not change the definition of “bulk material”. The issue raised in the comment 

was not raised in any prior workshop or meeting for this rulemaking. Under Arizona Revised Statutes (A.R.S.) 

§ 49-471.07(C), the Board of Supervisors is not authorized to adopt a rule that is substantially different from the 

proposed rule contained in the Notice of Proposed Rulemaking. As the department is unable to make 

substantive changes at this point in the rulemaking process, the department will make note of this comment and 

consider the issue the next time the rule is revised. 

The definition of “bulk material” is consistent with the definitions currently in the State Implementation 

Plan and other Maricopa County air quality rules. The dust-generating operations delineated in the definition of 

“bulk material” represent an illustrative, not exhaustive, list of possible materials. The test methods listed in the 

rule further refines what materials are regulated by the rule. 

Rule 310, Re-Numbered Section 232 – Definition of “Unpaved Parking Lot”

Comment #3: We do not disagree with the intent of this change but suggest that the revision be clarified so that 

it is clear that the rule only exempts isolated incidents of “parking, maneuvering, material handling, or storing 

Page 122 of 720
motor vehicles and equipment” but that regular use for such purposes can convert a vacant area or property into 

a parking lot.

Response #3: With the amendment to the definition of “unpaved parking lot”, the department clarified how an 

unpaved parking lot is distinguished from a disturbed surface area. The change does not exempt the isolated 

incidents of “parking”. Rule 310 contains control measure standards that apply while the incidental vehicle is 

parked or driving and stabilization standards that apply to the disturbed surface after the vehicle leaves and 

activity ceases.

An area to be used as an unpaved parking lot must be identified in the source’s Dust Control Plan. In such 

case, it is clear what and where an unpaved parking lot is and it is clear which standards must be met. When an 

area is not identified in a Dust Control Plan but appears to be used as an unpaved parking lot, the overall context 

of the area must be considered. In order for an area to be considered an “unpaved parking lot”, such area must 

be used for an activity that exceeds a level beyond incidental use – beyond temporarily leaving/parking one 

vehicle in the area and beyond evidence of only one or two sets of tire tracks in the area with no vehicle present. 

Such area should reflect a level of significant use by vehicles.

Rule 310, Section 303.2 – Affirmative Defense during a Wind Event

Comment #4: The proposed changes to Section 303.2(a) are, frankly, confusing. The changes seem to 

eliminate both the concept of a violation and an affirmative defense, and do not result in a rule that clearly 

reflects the intent expressed in the earlier explanation for the proposed changes. We believe that rather than 

working within the existing framework of the rule, which seems to overcomplicate things, the department 

should consider simplifying the rule and adopting something closer to Clark County Rule 94.9.3. We also 

suggest eliminating the references to recordkeeping required under Sections 502 and 503, as they seem 

unnecessary. Toward that end, we propose the following language: “In the event there are wind conditions that 

cause fugitive dust emissions to exceed the visible emissions requirements in Section 303.1(a) of this rule 

despite implementation of the Dust Control Plan, an owner and operator shall immediately cease dustgenerating operations and stabilize any disturbed surface area consistent with Section 304.3 of this rule.”

Response #4: The department does not agree with ACLIPI’s characterization of the changes. The provisions in 

Rule 310, Sections 303.2(a)(1) and (3) have been retained from the existing version of the rule in response to a 

recommendation by EPA to clarify the intent and implementation of the provision. The intent of the 

replacement language in Sections 303.2(a)(1)-(3) is to require escalating controls as winds increase. Ceasing 

operations is the ultimate control when all else fails. The new provision requires ceasing operations at a lower 

threshold (e.g., earlier and more frequently) resulting in a provision that is as stringent as the former provision.

Rule 310, Section 305.1 – Off-Site Hauling Onto Areas Accessible to the Public

Comment #5: The requirement to “load all haul trucks such that at no time shall the highest point of the bulk 

material be higher than the sides, front, and back of a cargo container area” when off-site hauling is difficult to 

comply with, because “cotton module” trailers are usually loaded with cotton – higher than the sides, front, and 

Page 123 of 720
back of the cargo container area – but such trailers are covered; can meet one of the control measure 

requirements but cannot meet both.

Response #5: When Rule 310 was revised in 2008, stakeholders commented that “...it is impossible to load 

haul trucks so that a load is completely level or lower in the center than it is on the sides. Loading the trucks in 

this manner will require the bulk material in the haul truck cargo container area to be leveled before the truck 

moves. Such a requirement could be costly and could require a worker within the cargo box with a shovel or 

rake to move the material around to meet this requirement. Such activity could be hazardous.” The department 

concurred with the stakeholders’ concerns regarding flat loads and revised Rule 310 to include the control 

measure to “load all haul trucks such that at no time shall the highest point of the bulk material be higher than 

the sides, front, and back of a cargo container area” when a haul truck’s cargo compartment was loaded and 

when the haul truck was hauling off-site onto an area accessible to the public. This control measure remains in 

Rule 310. 

The department did not change the requirements regarding how haul trucks are loaded. The issue was not 

raised in any prior workshop or meeting for this rulemaking. Under Arizona Revised Statutes (A.R.S.) § 49-

471.07(C), the Board of Supervisors is not authorized to adopt a rule that is substantially different from the 

proposed rule contained in the Notice of Proposed Rulemaking. As the department is unable to make 

substantive changes at this point in the rulemaking process, the department will make note of this comment and 

consider the issue the next time the rule is revised. 

Rule 310, Sections 305.5(c). 305.10(b), and 307 – Control Measures for Dust-Generating Operations

Comment #6: Change “visible” to “soil”.

Response #6: The department did not change “visible” in these sections. A “visible” crust is the standard for 

fugitive dust control measures and a “soil” crust is the standard for stabilization measures. Since these sections 

address fugitive dust control measures, “visible” is the correct term.

Rule 310, Section 306 – Trackout, Carry-Out, Spillage, and/or Erosion

Comment #7: Trackout takes time to remove. Traffic needs to be controlled. Equipment must be mobilized. 

Immediate removal is not reasonable. Moreover, a distinction between trackout and soil stains on the roadway 

should be made. Perhaps if the material can be cleaned-up with a shovel or sweeper, then it is trackout. 

Otherwise, it is soil staining. Again, an understanding of traffic control requirements must be made.

Response #7: The department believes that the presence of trackout is an indication that maintenance or 

modification of the trackout control device is necessary. Appropriate attention directed to site trackout control 

will minimize the amount of clean-up necessary. In the department’s experience, trackout builds up over time 

and the individual who is responsible for the control measures on a site has a duty to monitor trackout and 

should be aware that clean-up will soon be needed. The department trains its inspectors on trackout enforcement 

to ensure fair and equitable treatment. The department requires that every effort be made to prevent as much 

trackout as possible. In general, trackout is considered "cleaned-up" or "removed" when the only visible 

Page 124 of 720
materials are found in the small cavities or narrow cracks of the paved surface. The inspector makes this 

determination by visually inspecting the paved surface. The inspector may also observe traffic to see if any dust 

is re-entrained by passing vehicles.

The department has checked with various city and county transportation agencies on policies regarding 

cleaning-up trackout. Street sweepers are allowed to clean-up trackout, except on arterials and high volume 

roads during peak traffic periods. Appropriate attention directed to site trackout control and monitoring can 

avoid the necessity to clean-up trackout during peak traffic periods.

Rule 310, Sections 306.1 and 306.2 – Trackout, Carry-Out, Spillage, and/or Erosion

Comment #8: Delete “paved”.

Response #8: The department deleted “paved” from these sections, when it appeared before “area accessible to 

the public”. As originally written, “paved” modified “area accessible to the public”. Since the definition of 

“area accessible to the public” has been revised to include paved surfaces, “paved” is redundant when it appears 

before “area accessible to the public”.

Rule 310, Sections 406 – Terms for Permits for Dust-Generating Operations

Comment #9: This section is extremely clear in its criteria. It says that “the permittee shall re-apply...at least 

14 calendar days prior to the expiration...” Adding the phrase “For the purpose of this section, a permit is 

considered expired, if a permit renewal is not applied for in a timely manner” relaxes the rule.

Response #9: The department deleted “in a timely manner” and added “at least 14 calendar days prior to the 

expiration date of the original permit”.

Rule 310, Sections 501.2(c)(1) – Stabilization Observations-Disturbed Surface Area

Comment #10: Change “visible” to “soil”.

Response #10: The department changed “visible” to “soil”. A “visible” crust is the standard for fugitive dust 

control measures and a “soil” crust is the standard for stabilization measures. Since these sections address 

stabilization measures, “soil” is the correct term.

Rule 310.01, Section 226 – Definition of “Public Roadways”

Comment #11: The definition should be deleted just as in Rule 310, as the language for a public roadway is 

now captured in the definition of “area accessible to the public”.

Response #11: The department did not delete the definition of “public roadways”. Since Rule 310.01 applies to 

non-traditional sources (e.g., unpaved roadways, unpaved parking lots), “public roadways” is relevant in Rule 

310.01.

Rule 310.01, Sections 302.4(a)(2)(a) and 302.5(a)(2)(a) – Stabilization Requirements for Vehicle Use in

Open Areas and Vacant Lots and for Open Areas and Vacant Lots

Page 125 of 720
Comment #12: Change “visible” to “soil”.

Response #12: The department changed “visible” to “soil”. A “visible” crust is the standard for fugitive dust 

control measures and a “soil” crust is the standard for stabilization measures. Since these sections address 

stabilization measures, “soil” is the correct term.

Rule 310.01, Section 302.8 – Livestock Activities

Comment #13: It is still extremely difficult under these revisions to meet all the requirements, but staff should 

be recognized for their efforts to consider the reasonable agricultural practices in making these revisions. 

Response #13: The amendments to Rule 310.01, Section 302.8 reflect the department’s extensive consideration 

of recommendations made by the Maricopa County Farm Bureau and the United Dairymen and the 

department’s research of conservation best management practices applied to similar livestock activities in 

California. The department believes the control measures in this section are necessary, prudent, and feasible. 

The department also understands that implementing some of these control measures may require a new way of 

“doing business”. However, given the severity of the PM10 pollution problem in Maricopa County, the control 

measures are an integral part of reducing PM10 emissions.

Rule 310.01, Section 302.8(c)(1) – Livestock Activities

Comment #14: Although we do not object in principle to adding an option for alternative control measures for 

livestock activities in Rule 310.01, we believe that the rule should clearly require that any proposed alternative 

control measure satisfy Clean Air Act requirements and be at least as stringent as the approved control measures 

set forth in Section 302.8(b).

Response #14: The alternative measure provision specifically requires that any alternative control measure 

must be approved by both the Control Officer and the EPA Administrator. This approval structure in 

conjunction with the standards and test methods contained in Rule 310.01 ensure that alternative control 

measures meet the stringency, feasibility, and any other principles and requirements of the Clean Air Act.

Rule 310.01, Section 302.9(b)(1) – Erosion-Caused Deposition of Bulk Materials onto Paved Surfaces

Comment #15: Replace “paved roadway, paved parking lot” with “area accessible to the public”.

Response #15: The department did not replace “paved roadway, paved parking lot” with “area accessible to the 

public”. Although “paved roadway” and “paved parking lot” are included in the definition of “area accessible to 

the public”, these terms are not meant to be replaced or substituted for “area accessible to the public” in this 

section. “Paved roadway” and “paved parking lot” are meant to be specifically addressed in Section 302.9(b)(1).

14. Any other matters prescribed by the statute that are applicable to the specific department or to any 

specific rule or class of rules

Not applicable

: 

Page 126 of 720
15. Incorporations by reference and their location in the rules

Incorporation by Reference: Location: 

: 

ASTM Method C136-06 Rule 310, Section 223

Rule 310, Section 504.1

ASTM Method D2216-05 Rule 310, Section 305.5(b)(2)

Rule 310, Section 305.11(b)(2)

Rule 310, Section 504.2

ASTM Method D1557-02e1 Rule 310, Section 305.5(b)(2)

Rule 310, Section 305.11(b)(2)

Rule 310, Section 504.3

Appendix C: Fugitive Dust Test Methods Rule 310, Section 303.2(c)

Rule 310, Section 304.3

Rule 310, Section 304.4

Rule 310, Section 501.1

Rule 310, Section 501.2

Rule 310.01, Section 302.7(c)(3)(b)

Rule 310.01, Section 501.1(b)

Rule 310.01, Section 501.2

Rule 310.01, Section 501.3

EPA Reference Method 203B Rule 310.01, Section 501.1(a)

EPA Reference Method 22 Rule 310, Section 303.1(b)

Rule 310, Section 501.1(d)

Rule 310, Section 504.4

16.

No

Was this rule previously an emergency rule?

17. The full text of the rules follows:

Page 127 of 720
REGULATION III – CONTROL OF AIR CONTAMINANTS

RULE 310

FUGITIVE DUST FROM DUST-GENERATING OPERATIONS

INDEX

SECTION 100 – GENERAL

101 PURPOSE

102 APPLICABILITY

103 EXEMPTIONS

SECTION 200 – DEFINITIONS

201 AREA A

202 AREA ACCESSIBLE TO THE PUBLIC

203 BULK MATERIAL

204 BULK MATERIAL HANDLING, STORAGE, AND/OR TRANSPORTING OPERATION

205 CONTROL MEASURE

206 DISTURBED SURFACE AREA

207 DUST CONTROL IMPLEMENT

208 DUST CONTROL PLAN

209 DUST-GENERATING OPERATION

210 DUST SUPPRESSANT

211 EARTHMOVING OPERATION

212 EMERGENCY

213 EMERGENCY ACTIVITY

214 END OF WORKDAY

215 FREEBOARD

216 FUGITIVE DUST

217 GRAVEL PAD

218 GRIZZLY

219 HAUL TRUCK

220 MOTOR VEHICLE

221 NORMAL FARM CULTURAL PRACTICE

222 OFF-ROAD VEHICLE

223 OPEN STORAGE PILE

224 OWNER AND/OR OPERATOR

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225 PAVE

226 PROPERTY LINE

227 PUBLIC ROADWAYS

228 227

229

ROUTINE

228

230

SILT

229

231

TRACKOUT/CARRYOUT

230

232

TRACKOUT CONTROL DEVICE

231

233

UNPAVED HAUL/ACCESS ROAD

232

234

UNPAVED PARKING LOT

233

235

UNPAVED ROAD

234

236 WIND EVENT

WIND-BLOWN DUST

235 WORK SITE

SECTION 300 – STANDARDS

301 GENERAL REQUIREMENTS FOR DUST-GENERATING OPERATIONS

302 PERMIT REQUIREMENTS FOR DUST-GENERATING OPERATIONS

303 VISIBLE EMISSIONS REQUIREMENTS FOR DUST-GENERATING OPERATIONS

304 STABILIZATION REQUIREMENTS FOR DUST-GENERATING OPERATIONS

305 CONTROL MEASURES FOR DUST-GENERATING OPERATIONS

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

307 SOIL MOISTURE

308 PROJECT INFORMATION SIGN FOR DUST-GENERATING OPERATIONS

309 DUST CONTROL TRAINING CLASSES FOR DUST-GENERATING OPERATIONS

310 DUST CONTROL COORDINATOR FOR DUST-GENERATING OPERATIONS

SECTION 400 – ADMINISTRATIVE REQUIREMENTS

401 DUST CONTROL PERMIT REQUIREMENTS

402 DUST CONTROL PLAN REQUIREMENTS

403 DUST CONTROL PLAN REVISIONS

404 DUST CONTROL BLOCK PERMIT REQUIREMENTS

405 APPROVAL OR DENIAL OF PERMIT APPLICATIONS FOR DUST-GENERATING 

OPERATIONS

406 TERMS FOR PERMITS FOR DUST-GENERATING OPERATIONS

407 DEFACING, ALTERING, FORGING, COUNTERFEITING, OR FALSIFYING PERMITS FOR 

DUST-GENERATING OPERATIONS

408 FEES FOR PERMITS FOR DUST-GENERATING OPERATIONS

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409 POSTING OF PERMITS FOR DUST-GENERATING OPERATIONS

410 COMPLIANCE SCHEDULE

SECTION 500 – MONITORING AND RECORDS

501 COMPLIANCE DETERMINATION

502 RECORDKEEPING

503 RECORDS RETENTION

504 TEST METHODS ADOPTED BY REFERENCE

Revised 07/13/88

Revised 07/06/93

Revised 09/20/94

Revised 06/16/99

Revised 02/16/00

Revised 04/07/04

Revised 03/26/08

Revised 01/27/10

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION III – CONTROL OF AIR CONTAMINANTS

RULE 310

FUGITIVE DUST FROM DUST-GENERATING OPERATIONS

SECTION 100 – GENERAL

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

or activity that may serve as a fugitive dust source. The effect of this rule shall be to minimize the amount 

of PM10 entrained into the ambient air as a result of the impact of human activities by requiring measures to 

prevent, reduce, or mitigate particulate matter emissions.

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

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

103 EXEMPTIONS: The provisions of this rule shall not apply to the following activities:

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103.1 The provisions of this rule shall not apply to normal farm cultural practices according to Arizona 

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

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

that are located at sources that do not require any permit under these rules. These non-traditional 

sources of fugitive dust are subject to the standards and/or requirements described in Rule 310.01: 

Fugitive Dust from Non-Traditional Sources of Fugitive Dust of these rules:

a. Vehicle use in open areas and vacant lots.

b. Open areas and vacant lots.

c. Unpaved parking lots.

d. Unpaved roadways (including alleys).

e. Livestock activities.

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

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

gas, oil, water, and gas).

103.3 The provisions of this rule shall not apply to emergency activities that may disturb the soil 

conducted by any utility or government agency in order to prevent public injury or to restore 

critical utilities to functional status.

103.4 An area is considered to be a disturbed surface area until the activity that caused the disturbance 

has been completed and the disturbed surface area meets the standards described in Section 304 of 

this rule.

103.5 103.4 Establishing The provisions of this rule do not apply to the establishment of initial landscapes 

without the use of mechanized equipment, conducting landscape maintenance without the use of 

mechanized equipment, and playing on or maintaining a field used for non-motorized sports shall 

not be considered a dust-generating operation. However, establishing initial landscapes without 

the use of mechanized equipment and conducting landscape maintenance without the use of 

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mechanized equipment shall not include grading, or trenching performed to establish initial 

landscapes or to redesign existing landscapes.

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

coring roofing tile when such activity is occurring on a pitched roof.

103.6 Fugitive dust does not include particulate matter emitted directly from the exhaust of motor 

vehicles and other internal combustion engines, from portable brazing, soldering, or welding 

equipment, and from piledrivers, and does not include emissions from process and combustion 

sources that are subject to other rules in Regulation III-Control of Air Contaminants of these rules.

SECTION 200 – DEFINITIONS: For the purpose of this rule, the following definitions shall apply, in addition to 

those definitions found in Rule 100: General Provisions and Definitions of these rules. In the event of any 

inconsistency between any of the Maricopa County air pollution control rules, the definitions in this rule take 

precedence. See Rule 100, General Provisions and Definitions of these rules for definitions of terms that are used 

but not specifically defined in this rule.

201 AREA A – As defined in A.R.S. § 49-541(1), the area in Maricopa County delineated as follows:

Township 8 North, Range 2 East and Range 3 East

Township 7 North, Range 2 West through Range 5 East

Township 6 North, Range 5 West through Range 6 East

Township 5 North, Range 5 West through Range 7 East

Township 4 North, Range 5 West through Range 8 East

Township 3 North, Range 5 West through Range 8 East

Township 2 North, Range 5 West through Range 8 East

Township 1 North, Range 5 West through Range 7 East

Township 1 South, Range 5 West through Range 7 East

Township 2 South, Range 5 West through Range 7 East

Township 3 South, Range 5 West through Range 1 East

Township 4 South, Range 5 West through Range 1 East

202 AREA ACCESSIBLE TO THE PUBLIC – Any paved parking lot or paved public roadway that can be 

entered or used for public travel primarily for purposes unrelated to the dust-generating operation.

203 BULK MATERIAL – Any material, including, but not limited to, the following materials that are capable 

of producing fugitive dust:

203.1 Earth.

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203.2 Rock.

203.3 Silt.

203.4 Sediment.

203.5 Sand.

203.6 Gravel.

203.7 Soil.

203.8 Fill.

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

203.10 Dirt.

203.11 Mud.

203.12 Demolition debris.

203.13 Cotton.

203.14 Trash.

203.15 Cinders.

203.16 Pumice.

203.17 Sawdust.

203.18 Feeds.

203.19 Grains.

203.20 Fertilizers.

203.21 Fluff from shredders.

203.22 Dry concrete.

204 BULK MATERIAL HANDLING, STORAGE, AND/OR TRANSPORTING OPERATION – The use 

of equipment, haul trucks, and/or motor vehicles, including, but not limited to, for the following activities 

that are capable of producing fugitive dust:

204.1 Loading.

204.2 Unloading.

204.3 Conveying.

204.4 Transporting.

204.5 Piling.

204.6 Stacking.

204.7 Screening.

204.8 Grading.

204.9 Moving bulk materials.

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205 CONTROL MEASURE – A technique, practice, or procedure used to prevent or minimize the generation, 

emission, entrainment, suspension, and/or airborne transport of fugitive dust. Control measures include, but 

are not limited to:

205.1 Curbing;

205.2 Paving;

205.3 Pre-watering;

205.4 Applying dust suppressants;

205.5 Physically stabilizing with vegetation, gravel, recrushed/recycled asphalt or other forms of 

physical stabilization;

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

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

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

205.9 Utilizing work practices and/or structural provisions to prevent wind and water erosion onto 

paved areas accessible to the public;

205.10 Appropriately using dust control implements;

205.11 Installing one or more grizzlies, gravel pads, and/or wash down pads adjacent to the entrance 

of a paved an

205.12 Keeping open-bodied haul trucks in good repair, so that spillage may not occur from beds, 

sidewalls, and tailgates; and

area accessible to the public to control carry-out and trackout;

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

206 DISTURBED SURFACE AREA – A portion of the earth's surface or material placed on the earth’s 

surface that has been physically moved, uncovered, destabilized, or otherwise modified from its 

undisturbed native condition if the potential for the emission of fugitive dust is increased by the movement, 

destabilization, or modification.

207 DUST CONTROL IMPLEMENT – A tool, machine, equipment, accessory, structure, enclosure, cover, 

material or supply, including an adequate readily available supply of water and its associated 

distribution/delivery system, used to control fugitive dust emissions. 

208 DUST CONTROL PLAN – A written plan describing all control measures to be implemented and 

maintained in order to prevent or minimize the generation, emission, entrainment, suspension, and/or 

airborne transport of fugitive dust.

209 DUST-GENERATING OPERATION – Any activity capable of generating fugitive dust, including, but 

not limited to, the following activities:

209.1 Land clearing, maintenance, and land clean-up using mechanized equipment.

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209.2 Earthmoving.

209.3 Weed abatement by discing or blading.

209.4 Excavating.

209.5 Construction.

209.6 Demolition.

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

stacking, loading, and unloading operations).

209.8 Storage and/or transporting operations (e.g., open storage piles, bulk material hauling and/or 

transporting, bulk material stacking, loading, and unloading operations).

209.9 Operation of any outdoor equipment.

209.10 Operation of motorized machinery.

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

to and from a site.

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

209.13 Disturbed surface areas associated with a site.

209.14 Installing initial landscapes using mechanized equipment.

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

non-toxic chemical stabilizer or any other dust palliative, which is not prohibited for ground surface 

application by the U.S. Environmental Protection Agency (EPA) or the Arizona Department of 

Environmental Quality (ADEQ) or any applicable law, rule, or regulation, as a treatment material for 

reducing fugitive dust emissions.

211 EARTHMOVING OPERATION – The use of any equipment for an activity which that

211.1 Cutting and filling.

may generate 

fugitive dust, such as but not limited to, the following activities:

211.2 Grading.

211.3 Leveling.

211.4 Excavating.

211.5 Trenching.

211.6 Loading or unloading of bulk materials.

211.7 Demolishing.

211.8 Blasting.

211.9 Drilling.

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

211.11 Back filling.

211.12 Soil mulching.

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211.13 Landfill operations.

211.14 Weed abatement by discing or blading.

212 EMERGENCY – A situation arising from sudden and reasonably unforeseeable events beyond the control 

of the source, including acts of God, which situation requires immediate corrective action to restore normal 

operation, and that causes the source to exceed a limitation in this rule, due to unavoidable increases in 

emissions attributable to the emergency. An emergency shall not include any noncompliance due to 

improperly designed equipment, lack of preventative maintenance, careless or improper operation, or 

operator error.

213 EMERGENCY ACTIVITY – Repairs that are a result of an emergency which prevents or hinders the 

provision of electricity, the distribution/collection of water, and the availability of other utilities due to 

unforeseen circumstances that are beyond the routine maintenance and repair due to normal wear 

conducted by a utility or municipality.

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

working 24 hours a day, the end of a working period shall be considered no later than 8 pm.

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

at which the bulk material contacts the sides, front, and back of a cargo container area.

216 FUGITIVE DUST – The particulate matter not collected by a capture system, that is entrained in the 

ambient air, and is caused from human and/or natural activities, such as, but not limited to, the movement 

of soil, vehicles, equipment, blasting, and wind. For the purpose of this rule, fugitive dust does not include 

particulate matter emitted directly from the exhaust of motor vehicles and other internal combustion 

engines, from portable brazing, soldering, or welding equipment, and from piledrivers, and does not include 

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

Air Contaminants) of these rules.

217 GRAVEL PAD – A layer of washed gravel, rock, or crushed rock that is at least one inch or larger in 

diameter, that is maintained at the point of intersection of a paved an area accessible to the public and a 

work site entrance exit to dislodge mud, dirt, and/or debris from the tires of motor vehicles and/or haul 

trucks, prior to leaving the work site. A gravel pad shall consist of one inch to 3 inches rough diameter, 

clean, well-graded gravel or crushed rock. Minimum dimensions must be 30 feet wide by 3 inches deep,

and, at minimum, 50 feet long, or the length of the longest haul truck, whichever is greater. If an unpaved 

surface exit does not have adequate width to install a 30-foot wide gravel pad, then the width of the gravel 

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pad must cover the full width of the unpaved surface exit and such shorter width must be adequate to 

prevent trackout.

218 GRIZZLY – A device (i.e., rails, pipes, or grates) used to dislodge mud, dirt, and/or debris from the tires 

and undercarriage of motor vehicles and/or haul trucks prior to leaving the work site.

219 HAUL TRUCK – Any fully or partially open-bodied self-propelled vehicle including any non-motorized 

attachments, such as, but not limited to, trailers or other conveyances that are connected to or propelled by 

the actual motorized portion of the vehicle used for transporting bulk materials.

220 MOTOR VEHICLE – A self-propelled vehicle for use on the public roads and highways of the State of 

Arizona and required to be registered under the Arizona State Uniform Motor Vehicle Act, including any 

non-motorized attachments, such as but not limited to, trailers or other conveyances which are connected to 

or propelled by the actual motorized portion of the vehicle.

221 NORMAL FARM CULTURAL PRACTICE – All activities by the owner, lessee, agent, independent 

contractor, and/or supplier conducted on any facility for the production of crops and/or nursery plants. 

Disturbances of the field surface caused by turning under stalks, tilling, leveling, planting, fertilizing, or 

harvesting are included in this definition.

222 OFF-ROAD VEHICLE – Any self-propelled conveyance specifically designed for off-road use, 

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

motorbuggies.

223 OPEN STORAGE PILE – Any accumulation of bulk material with a 5% or greater silt content that has a 

total surface area of 150 square feet or more and that at any one point attains a height of three feet. Silt 

content shall be assumed to be 5% or greater unless a person can show, by testing in accordance with 

ASTM Method C136-06 or other equivalent method approved in writing by the Control Officer and the 

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

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

developer, responsible official, Dust Control permit applicant (who may also be the responsible party 

contracting to do the work), general contractor, prime contractor, supervisor, management company, or any 

person who owns, leases, operates, controls, or supervises a dust-generating operation subject to the 

requirements of this rule.

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225 PAVE – To apply and maintain asphalt, concrete, or other similar material to a roadway surface (i.e., 

asphaltic concrete, concrete pavement, chip seal, or rubberized asphalt).

226 PROPERTY LINE – The boundaries of an area in which either a person causing the emission or a person 

allowing the emission has the legal use or possession of the property. Where such property is divided into 

one or more sub-tenancies, the property line(s) shall refer to the boundaries dividing the areas of all subtenancies.

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

228 227 ROUTINE – Any dust-generating operation which occurs more than 4 times per year or lasts 30 

cumulative days or more per year.

229 228 SILT – Any aggregate material with a particle size less than 75 micrometers in diameter, which passes 

through a No. 200 sieve.

230 229 TRACKOUT/CARRYOUT – Any and all bulk materials that adhere to and agglomerate on the surfaces 

of motor vehicles, haul trucks, and/or equipment (including tires) and that have fallen or been deposited 

onto a paved an area accessible to the public.

231 230 TRACKOUT CONTROL DEVICE – A gravel pad, grizzly, wheel wash system, or a paved area, located 

at the point of intersection of an unpaved area and a paved an area accessible to the public that controls or 

prevents vehicular trackout.

232 231 UNPAVED HAUL/ACCESS ROAD – Any on-site unpaved road used by commercial, industrial, 

institutional, and/or governmental traffic.

233 232 UNPAVED PARKING LOT – Any area that is not paved and that is designated for parking in the Dust 

Control Plan or that is used for parking, maneuvering, material handling, or storing motor vehicles and 

equipment. An unpaved parking lot includes, but is not limited to, automobile impound yards, wrecking 

yards, automobile dismantling yards, salvage yards, material handling yards, and storage yards. For the 

purpose of this definition rule, maneuvering shall not include military maneuvers or exercises conducted on 

federal facilities.

234 233 UNPAVED ROAD – Any road or equipment path that is not paved. For the purpose of this rule, an 

unpaved road is not a horse trail, hiking path, bicycle path, or other similar path used exclusively for 

purposes other than travel by motor vehicles.

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235 234 WIND-BLOWN DUST – Visible emissions, from any disturbed surface area, that are generated by wind 

action alone.

236 WIND EVENT – When the 60-minute average wind speed is greater than 25 miles per hour.

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

SECTION 300 – STANDARDS

301 GENERAL REQUIREMENTS FOR DUST-GENERATING OPERATIONS: Any person engaged in 

a dust-generating operation subject to this rule shall be subject to the standards and/or requirements of this 

rule before, after, and while conducting such dust-generating operation, including during weekends, after 

work hours, and on holidays. Failure to comply with any one of the following requirements shall constitute 

a violation.

301.1 Visible emissions requirements from dust-generating operations described in Section 303 of this 

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

standards and/or requirements of this rule before, after, and while conducting such dust-generating 

operation, including during weekends, after work hours, and on holidays.

301.2 Stabilization requirements described in Section 304 of this rule. For the purpose of this rule, any 

control measure that is implemented must achieve the applicable standard(s) described in this rule, as 

determined by the corresponding test method(s), as applicable, and must achieve other applicable 

standard(s) set forth in this rule.

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

operation is in compliance with an approved Dust Control Plan or there is no approved Dust Control 

Plan, the owner and/or operator of a dust-generating operation shall be subject to all requirements of 

this rule at all times.

301.4 Trackout, carry-out, spillage, and/or erosion requirements described in Section 306 of this rule.

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

Control Plan, shall constitute a violation.

301.5 Soil moisture requirements described in Section 307 of this rule.

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301.6 Dust control training class requirements described in Section 309 of this rule.

301.7 Dust control permit requirements described in Section 401 of this rule.

301.8 Dust Control Plan requirements described in Section 402 of this rule.

301.9 Monitoring and recordkeeping requirements described in Section 500 of this rule.

301.10 Any other requirements of this rule.

302 PERMIT REQUIREMENTS FOR DUST-GENERATING OPERATIONS:

302.1 No person shall commence construction of, operate, or make a modification to any dust-generating 

operation when such dust-generating operations disturb a total surface area of 0.10 acre (4,356 

square feet) or more without first obtaining a permit or permit revision from the Control Officer.

302.2 No person shall commence construction of, operate, or make a modification to any dust-generating 

operation that disturbs a total surface area of less than 0.10 acre (4,356 square feet) under common 

control that are either contiguous or separated only by a public or private roadway and that 

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

from the Control Officer.

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

0.10 acre or greater at a site that has obtained or must obtain a Title V, Non-Title V, or General 

permit under Regulation II (Permits and Fees) of these rules without first submitting to the Control 

Officer a Dust Control Plan.

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

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

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

or supervises a dust-generating operation subject to the requirements of this rule shall be 

responsible for obtaining a permit or permit revision from the Control Officer.

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

which includes, but is not limited to, the requirements of Section 400 of this rule. The application 

shall contain all the information necessary to enable the Control Officer to make the determination 

to grant or to deny a permit or permit revision, which shall contain such terms and conditions as 

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

rule.

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

requirements of this rule from compliance with any Federal laws, Arizona laws, or these rules.

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

revision required under this rule.

303 VISIBLE EMISSIONS REQUIREMENTS FOR DUST-GENERATING OPERATIONS: 

303.1 Dust-Generating Operation Opacity Limitation Visible Emissions Requirement: The owner 

and/or operator of a dust-generating operation shall not allow visible fugitive dust emissions to 

exceed the limits listed in either one of the following:

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

fugitive dust emissions to exceed 20% opacity.

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

visible emissions of particulate matter, including fugitive dust, beyond the property line 

within which the emissions are generated. Visible emissions shall be determined by a standard 

of no visible emissions exceeding 30 seconds in duration in any six-minute period as 

determined by using EPA Reference Method 22.

303.2 Exemptions from Dust-Generating Operation Opacity Limitation Visible Emissions

Requirement:

a. Wind Event: Exceedances of the opacity limit described in Section 303.1 of this rule that 

occur due to a wind event shall constitute a violation of the opacity limit. However, it shall be 

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

of the following conditions: If wind conditions cause fugitive dust emissions to exceed the 

visible emissions requirements in Section 303.1(a) of this rule, despite implementation of the 

Dust Control Plan, an owner and/or operator shall:

(1) All control measures required were followed and one or more of the following control 

measures were applied and maintained: Ensure that all control measures and 

requirements of the Dust Control Plan are implemented and the subject violations cannot 

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be prevented by better application, operation, or maintenance of these measures and 

requirements.

(a) For dust-generating operations:

(i) Cease dust-generating operations for the duration of the 

condition/situation/event when the 60-minute average wind speed is greater than 

25 miles per hour and if dust-generating operations are ceased for the remainder 

of the workday, stabilize the area;

(ii) Apply water or other suitable dust suppressant at least twice per hour to dustgenerating operations in the PM10 nonattainment area and at least once per hour 

to dust-generating operations outside the PM10 nonattainment area;

(iii) Apply water as necessary to maintain a soil moisture content at a minimum of 

12%, as determined by ASTM Method D2216-05 or other equivalent method as 

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

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

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

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

soil moisture content; or

(iv) Implement Section 303.2(a)(1)(a)(ii) or Section 303.2(a)(1)(a)(iii) of this rule 

and construct fences or three-foot to five-foot high wind barriers with 50% or 

less porosity adjacent to roadways or urban areas to reduce the amount of windblown material leaving a site.

(b) For temporary disturbed surface areas, including, but not limited to, after work 

hours, weekends, and holidays:

(i) Uniformly apply and maintain surface gravel or dust suppressants;

(ii) Apply water to all disturbed surface areas three times per day. If there is any 

evidence of wind-blown dust, increase watering frequency to a minimum of four 

times per day;

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(iii) Apply water on open storage piles at least twice per hour to temporary disturbed 

surface areas in the PM10 nonattainment area and at least once per hour to 

temporary disturbed surface areas outside the PM10 nonattainment area; or

(iv) Cover open storage piles with tarps, plastic, or other material such that wind will 

not remove the covering(s).

(2) Exceedances of the opacity limit described in Section 303.1 of this rule could not have 

been prevented by better application, implementation, operation, or maintenance of 

control measures; Cease dust-generating operations and stabilize any disturbed surface 

area consistent with Section 304.3 of this rule.

(3) The owner and/or operator compiled and retained records, in accordance with Section 

502-Recordkeeping of this rule; and Compile records consistent with Sections 502 and 

503 of this rule and document control measure and other Dust Control Plan requirement 

implementation.

(4) The occurrence of a wind event on the day(s) in question is documented by records. The 

occurrence of a wind event must be determined by the nearest Maricopa County Air 

Quality Department monitoring station, from any other certified meteorological station, 

or by a wind instrument that is calibrated according to manufacturer’s standards and that 

is located at the site being checked. 

b. Emergency Maintenance of Flood Control Channels and Water Retention Basins: The 

opacity limit visible emissions limits described in Section 303.1 of this rule shall not apply to 

emergency maintenance of flood control channels and water retention basins, provided that 

control measures are implemented.

c. Vehicle Test and Development Facilities and Operations: The opacity visible emissions

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

facilities and operations when dust is required to test and validate design integrity, product 

quality, and/or commercial acceptance, if such testing is not feasible within enclosed 

facilities. However, all areas used to test and validate design integrity, product quality, and/or 

commercial acceptance shall be stabilized after such testing, in compliance with Appendix C 

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

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

with Appendix C (Fugitive Dust Test Methods) of these rules. In addition, vehicle test and 

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development facilities may require a Dust Control permit in accordance with Section 302 of 

this rule.

d. Activities Near the Property Line: The opacity limit described in Section 303.1(b) of this 

rule shall not apply to dust-generating operations conducted within 25 feet of the property 

line.

e. Ceasing Operations at a Solid Waste Management Facility: The requirement in Section 

303.2(a)(2) of this rule to cease dust-generating operations if wind conditions cause fugitive 

dust emissions to exceed the visible emissions requirements in Section 303.1(a) of this rule 

shall not apply to daily compaction and covering of refuse if ceasing operations violates 

Arizona Department of Environmental Quality solid waste management rules or causes or 

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

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

304 STABILIZATION REQUIREMENTS FOR DUST-GENERATING OPERATIONS:

304.1 Unpaved Parking Lot: The owner and/or operator of any unpaved parking lot shall not allow 

visible fugitive dust emissions to exceed 20% opacity and shall not allow silt loading equal to or 

greater than 0.33 oz/ft2. and either Section 304.1(a) or Section 304.1(b) of this rule:

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

However, if 

silt loading is equal to or greater than 0.33 oz/ft2, then the owner and/or operator shall not allow 

the silt content to exceed 8%.

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

304.2 Unpaved Haul/Access Road:

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

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

not allow visible fugitive dust emissions to exceed 20% opacity and shall not allow silt 

loading equal to or greater than 0.33 oz/ft2. and either Section 304.2(a)(1) or Section 

304.2(a)(2) of this rule: However, if silt loading is equal to or greater than 0.33 oz/ft2, then the 

owner and/or operator shall not allow the silt content to exceed 6%.

(1) Shall not allow silt loading equal to or greater than 0.33 oz/ft2; or

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

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

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

an alternative to meeting the stabilization requirements for an unpaved haul/access road in 

Section 304.2(a) of this rule, limit vehicle trips to no more than 20 per day per road and limit 

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

the owner and/or operator must include, in a Dust Control Plan, the maximum number of 

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

vehicles, earthmoving equipment, haul trucks, and water trucks) and a description of how 

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

304.3 Disturbed Surface Area: The owner and/or operator of any disturbed surface area on which no 

activity is occurring (including whether at a work site that is under construction or a work site that 

is temporarily or permanently inactive) shall meet at least one of the standards described in 

Sections 304.3(a) through 304.3(g) below, as applicable. Should any such a disturbed surface area 

on which no activity is occurring contain more than one type of visibly distinguishable 

stabilization characteristics stabilization characteristic, such as soil, vegetation, or other characteristics characteristic, which are is visibly distinguishable, then the owner and/or operator shall test 

each representative surface separately for stability, in an area that represents a random portion of 

the overall disturbed conditions of the site, in accordance with the appropriate test methods 

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

these rules. The owner and/or operator of such disturbed surface area on which no activity is 

occurring shall be considered in violation of this rule if the area is not maintained in a manner that 

meets at least one of the standards listed below, as applicable. An area is considered to be a 

disturbed surface area until the activity that caused the disturbance has been completed and the 

disturbed surface area meets the standards described in this section of this rule.

a. Maintain a soil crust;

b. Maintain a threshold friction velocity (TFV) for disturbed surface areas corrected for nonerodible elements of 100 cm/second or higher;

c. Maintain a flat vegetative cover (i.e., attached [rooted] vegetation or unattached vegetative 

debris lying on the surface with a predominant horizontal orientation that is not subject to 

movement by wind) that is equal to at least 50%;

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d. Maintain a standing vegetative cover (i.e., vegetation that is attached [rooted] with a 

predominant vertical orientation) that is equal to or greater than 30%;

e. Maintain a standing vegetative cover (i.e., vegetation that is attached [rooted] with a 

predominant vertical orientation) that is equal to or greater than 10% and where the threshold 

friction velocity is equal to or greater than 43 cm/second when corrected for non-erodible 

elements;

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

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

from the Control Officer and the Administrator.

304.4 Vehicle Test and Development Facilities and Operations: No stabilization requirement shall 

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

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

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

product quality, and/or commercial acceptance shall be stabilized after such testing, in compliance 

with Appendix C (Fugitive Dust Test Methods) of these rules. All areas not used to test and 

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

compliance with Appendix C (Fugitive Dust Test Methods) of these rules. In addition, vehicle test 

and development facilities may require a Dust Control permit in accordance with Section 302 of 

this rule.

305 CONTROL MEASURES FOR DUST-GENERATING OPERATIONS: When engaged in a dustgenerating operation, the owner and/or operator shall install, maintain, and use control measures, as 

applicable. Control measures for specific dust-generating operations are described in Sections 305.1 

through 305.12 of this rule. The owner and/or operator of a dust-generating operation shall implement 

control measures before, after, and while conducting dust-generating operations, including during 

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

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

measures for specific dust-generating operations are described in Section 305.1 through Section 305.12 of 

this rule.

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

dust-generating operation that involves off-site hauling shall implement the following control 

measures:

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a. When cargo compartment is loaded:

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

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

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

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

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

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

b. When cargo compartment is empty:

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

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

c. When off-site hauling, install, maintain, and use a suitable trackout control device that 

controls and prevents trackout and/or removes particulate matter from tires and the exterior 

surfaces of haul trucks and/or motor vehicles that traverse the site.

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

Boundaries of the Work Site but not Crossing a Paved an Area Accessible to the Public: The 

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

hauling/transporting when on-site hauling/transporting within the boundaries of the work site but 

not crossing a paved an area accessible to the public shall implement one of the following control 

measures:

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

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

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

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

Boundaries of the Work Site and Crossing and/or Accessing a Paved an Area Accessible to 

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

hauling/transporting when on-site hauling/transporting within the boundaries of the work site and 

crossing and/or accessing a paved an area accessible to the public shall implement all of the 

following control measures:

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

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

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

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

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

d. When crossing and/or accessing a paved an area accessible to the public, install, maintain, and 

use a suitable trackout control device that controls and prevents trackout and/or removes 

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

traverse the site.

305.4 Bulk Material Stacking, Loading, and Unloading Operations: The owner and/or operator of a 

dust-generating operation that involves bulk material stacking, loading, and unloading operations 

shall implement at least one of the following control measures:

a. Spray material with water, as necessary, prior to stacking, loading, and unloading and/or 

while stacking, loading, and unloading; or Prior to stacking, loading, and unloading:

(1) Mix material with water; or

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

b. Spray material with a dust suppressant other than water, as necessary, prior to stacking, 

loading, and unloading and/or while stacking, loading, and unloading. While stacking, 

loading, and unloading:

(1) Apply water; or

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(2) Apply a dust suppressant other than water.

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

open storage pile shall implement one of the following control measures, as applicable, when not 

conducting stacking, loading, and unloading operations: 

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

of the following control measures: Cover all open storage piles with a tarp, plastic, or other 

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

dislodged by wind; or

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

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

b. When not conducting stacking, loading, and unloading operations, implement one of the 

following control measures: Apply water to maintain a soil moisture content at a minimum of 

12%, as determined by ASTM Method D2216-05 or other equivalent methods approved by 

the Control Officer and the Administrator. For areas that have an optimum moisture content 

for compaction of less than 12%, as determined by ASTM Method D1557-02e1 or other 

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

70% of the optimum soil moisture content; or

(1) Cover all open storage piles with a tarp, plastic, or other material to prevent wind from 

removing the covering(s)/such that the covering(s) will not be dislodged by wind; or

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

ASTM Method D2216-05 or other equivalent methods approved by the Control Officer 

and the Administrator. For areas that have an optimum moisture content for compaction 

of less than 12%, as determined by ASTM Method D1557-02e1 or other equivalent 

methods approved by the Control Officer and the Administrator, maintain at least 70% of 

the optimum soil moisture content.

(3) c. Maintain a soil visible crust; or

(4) d. Implement the control measure described in Section 305.5(b)(2) Section 305.5(b) or in 

Section 305.5(b)(3) Section 305.5(c) of this rule and construct and maintain wind barriers, 

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

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

whose height is equal to the pile height, and whose porosity is no more than 50%.

305.6 Unpaved Staging Areas, Unpaved Parking Areas, and Unpaved Material Storage Areas: The 

owner and/or operator of a dust-generating operation that involves unpaved staging areas, unpaved 

parking areas, and unpaved material storage areas shall implement one or more of the following 

control measures:

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

b. Pave;

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

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

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

than 15 miles per hour. If complying with this section, the owner and/or operator shall provide 

to the Control Officer the maximum number of vehicle trips on the staging areas, parking 

areas, and/or material storage areas each day (including number of employee vehicles, 

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

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

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

involves unpaved haul/access roads shall implement one or more of the following control 

measures:

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

b. Pave;

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

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

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

than 15 miles per hour. If complying with this section of this rule, the owner and/or operator 

shall provide to the Control Officer the maximum number of vehicle trips on the unpaved 

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

haul trucks, and water trucks) and a description of how vehicle speeds will be restricted to no 

more than 15 miles per hour.

305.8 Weed Abatement by Discing or Blading: The owner and/or operator of a dust-generating 

operation that involves weed abatement by discing or blading shall comply with all of the 

following control measures:

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

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

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

suitable dust suppressant other than water, or establish vegetative ground cover.

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

blasting operations shall implement all of the following control measures: pre-water and maintain 

surface soils in a stabilized condition where support equipment and vehicles will operate.

a. In wind gusts above 25 miles per hour, discontinue/cease blasting; and

b. Pre-water and maintain surface soils in a stabilized condition where support equipment and 

vehicles will operate.

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

demolition activities shall implement all of the following control measures:

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

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

erosion.

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

disturbed surface areas shall implement the following control measures, as applicable:

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

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

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

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

measures:

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

soil visibly moist throughout the process; 

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

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

Control Officer and the Administrator. For areas that have an optimum moisture content 

for compaction of less than 12%, as determined by ASTM Method D1557-02e1 or other 

equivalent method approved by the Control Officer and the Administrator, maintain at 

least 70% of the optimum soil moisture content; or

(3) Implement control measure described in Section 305.11(b)(1) or Section 305.11(b)(2) of 

this rule and construct fences or three-foot to five-foot high wind barriers with 50% or 

less porosity adjacent to roadways or urban areas to reduce the amount of wind-blown 

material leaving a site.

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

than temporary pauses that occur during a dust-generating operation, the owner and/or 

operator shall implement one or more of the following control measures within ten days 

following the completion of such dust-generating operation:

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

(2) Establish vegetative ground cover in sufficient quantity; 

(3) Implement control measures described in Section 305.11(c)(1) or Section 305.11(c)(2) of 

this rule and restrict vehicle access to the area;

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

barrier or means sufficient to prevent trespass as approved by the Control Officer; or

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

adjacent or nearby undisturbed native conditions.

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

Natural Gas, Oil, Water, and Gas) Associated With Sources That Have a Non-Title V 

Permit, a Title V Permit, and/or a General Permit Under These Rules: The owner and/or 

operator of a dust-generating operation that involves an easement, right-of-way, and access road 

for utilities (transmission of electricity, natural gas, oil, water, and gas) associated with sources 

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

implement at least one of the following control measures:

a. Inside Area A, limit vehicle speed to 15 miles per hour or less and vehicle trips to no more 

than 20 per day per road;

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

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

306 TRACKOUT, CARRY-OUT, SPILLAGE, AND/OR EROSION: The owner and/or operator of a dustgenerating operation shall prevent and control trackout, carry-out, spillage, and/or erosion.

306.1 Trackout Control Device:

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

device that prevents and controls trackout and/or removes particulate matter from tires and the 

exterior surfaces of haul trucks and/or motor vehicles that traverse the site at all exits onto 

paved areas accessible to the public from both of the following: 

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

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

per day.

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

trackout, carry-out, spillage, and/or erosion by implementing one of the following control 

measures:

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

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

Section 217 of this rule;

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

consists of raised dividers (rails, pipes, or grates) a minimum of three inches tall, six 

inches apart, and 20 feet long, to allow a vibration to be produced such that dust is shaken 

off the wheels of a vehicle as the entire circumference of each wheel of the vehicle passes 

over the grizzly or rumble grate; or

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

and extending for a centerline distance of at least 100 feet and a width of at least 20 feet.

306.2 Clean Up of Trackout:

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

from paved areas accessible to the public including curbs, gutters, and sidewalks, on the 

following time-schedule:

(1) Immediately, when trackout, carry-out, or spillage extends a cumulative distance of 25 

linear feet or more; and

(2) At the end of the workday, for all other trackout, carry-out, spillage, and/or erosion.

b. Control Measures:

(1) Operate a street sweeper or wet broom with sufficient water, or including but not limited 

to kick broom, steel bristle broom, Teflon broom, vacuum, at the speed recommended by 

the manufacturer and at the frequency(ies) described in this section of this rule; or

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

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

and/or operator of a dust-generating operation shall operate a water application system on-site (e.g., water 

truck, water hose) while conducting any earthmoving operations on disturbed surface areas 1 acre or larger, 

unless a soil visible crust is maintained or the soil is sufficiently damp to prevent loose grains of soil from 

becoming dislodged.

308 PROJECT INFORMATION SIGN FOR DUST-GENERATING OPERATIONS: For all sites with a 

Dust Control permit that are five acres or larger, except for routine maintenance and repair done under a 

Dust Control Block permit, the owner and/or operator shall erect and maintain a project information sign at 

the main entrance such that members of the public can easily view and read the sign at all times. Such sign 

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

at least all of the following information:

308.1 Project name and permittee’s name;

308.2 Current Dust Control permit number and expiration date; 

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

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

accurate Maricopa County Air Quality Department complaint line telephone number).”

309 DUST CONTROL TRAINING CLASSES FOR DUST-GENERATING OPERATIONS:

309.1 Basic Dust Control Training Class:

a. At least once every three years, the site superintendent or other designated on-site 

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

surface area that is subject to a permit issued by the Control Officer requiring control of PM10

emissions from dust-generating operation, shall successfully complete a Basic Dust Control 

Training Class conducted or approved by the Control Officer. At least once every three years, 

the persons specified in Section 309.1(b) or Section 309.1(c) of this rule shall successfully 

complete a Basic Dust Control Training Class conducted or approved by the Control Officer.

b. At least once every three years, water truck and water-pull drivers shall successfully complete 

a Basic Dust Control Training Class conducted or approved by the Control Officer. The 

following persons present at a site that is subject to a permit issued by the Control Officer 

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requiring control of PM10 emissions from dust-generating operations shall complete a Basic 

Dust Control Training Class as specified in Section 309.1(a) of this rule:

(1) Water truck drivers.

(2) Water-pull drivers.

(3) The site superintendent or other designated on-site representative of the permit holder, if 

present at a site that has more than one acre of disturbed surface area.

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

trained in accordance with the Basic Dust Control Training Class as specified in Section 

309.1(a) of this rule, if present at a site that has more than one acre of disturbed surface area.

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

shall be deemed to have satisfied the requirement to successfully complete the Basic Dust 

Control Training Class, if the training that was completed was conducted or approved by the 

Control Officer. Completion of the Comprehensive Dust Control Training Class, as required 

in Section 309.2 of this rule, shall satisfy the requirement of this section of this rule.

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

inappropriate ethical activities or conduct associated with the dust control program or 

repeated failure to follow the training requirements, a certification issued to a person having 

successfully completed a Basic Dust Control Training Class conducted or approved by the 

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

regarding such suspension or revocation.

309.2 Comprehensive Dust Control Training Class:

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

Section 310 of this rule, shall successfully complete the Comprehensive Dust Control 

Training Class conducted or approved by the Control Officer.

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

shall be deemed to have satisfied the requirement to successfully complete the 

Comprehensive Dust Control Training Class, if the training that was completed was 

conducted or approved by the Control Officer.

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

inappropriate ethical activities or conduct associated with the dust control program or 

repeated failure to follow the training requirements, a certification issued to a person having 

successfully completed a Comprehensive Dust Control Training Class conducted or approved 

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

regarding such suspension or revocation.

310 DUST CONTROL COORDINATOR FOR DUST-GENERATING OPERATIONS:

310.1 The permittee for any site of five acres or more of disturbed surface area subject to a permit issued 

by the Control Officer requiring control of PM10 emissions from dust-generating operations shall 

have on-site at least one Dust Control Coordinator trained in accordance with Section 309.2 of this 

rule at all times during primary dust-generating operations related to the purposes for which the 

Dust Control permit was obtained.

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

implemented on-site, including conducting inspections, deployment of dust suppression resources, 

and modifications or shut-down of activities as needed to control dust.

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

on the site.

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

Comprehensive Dust Control Training Class conducted or approved by the Control Officer.

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

readily accessible on-site while acting as a Dust Control Coordinator.

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

actions/events/procedures occur:

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

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

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

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

310.7 The permittee, who is required to obtain a single permit for multiple non-contiguous sites in 

accordance with Section 404 of this rule, shall The Dust Control Block Permit permittee/holder 

shall have on sites with greater that have more than one acre of disturbed surface area at least one 

individual who is designated by the permittee as a Dust Control Coordinator trained in accordance 

with Section 309.1-Basic Dust Control Training Class of this rule. at least one individual, who has 

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

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

Control Coordinator. The Dust Control Coordinator shall be present on-site at all times during 

primary dust-generating activities that are related to the purposes for which the permit was 

obtained.

SECTION 400 – ADMINISTRATIVE REQUIREMENTS

401 DUST CONTROL PERMIT REQUIREMENTS:

401.1 To apply for a Dust Control permit, an applicant shall complete a permit application in the manner 

and form prescribed by the Control Officer. At a minimum, such application shall contain the 

following information:

a. Applicant information;

b. Project information, which shall include a project site drawing and, if the site is one acre or 

larger, soil designations; and

c. Dust Control Plan, which shall meet the specifications described in Section 402 of this rule.

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

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

Dust Control permit and these regulations;

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

including the Dust Control Plan, to all project contractors and subcontractors;

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

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

Officer;

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

name(s) and dust control training certification information/number(s) to the Control Officer 

and for keeping such information updated.

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

accept responsibility for meeting the conditions of the Dust Control permit and for ensuring that 

control measures are implemented throughout the project site and during the duration of the 

project.

402 DUST CONTROL PLAN REQUIREMENTS:

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

Dust Control Plan with any permit applications that involve dust-generating operations with a 

disturbed surface area that equals or exceeds 0.10 acre (4,356 square feet) including both of the 

following situations:

a. When submitting an application for a Dust Control permit involving dust-generating 

operations that would equal or exceed 0.10 acre (4,356 square feet), and

b. Before commencing any routine dust-generating operation at a site that has obtained or must 

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

these rules.

402.2 The owner and/or operator of a dust-generating operation shall submit to the Control Officer a 

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

Dust Control Plan, all control measures to be implemented before, after, and while conducting any 

dust-generating operation, including during weekends, after work hours, and on holidays.

402.3 A Dust Control Plan shall, at a minimum, contain all of the following information:

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

implementation of the Dust Control Plan and responsible for the dust-generating operation.

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

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

than entire project site/facility boundaries,

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

surveyor showing the total square footage to be disturbed,

(3) Nearest public roads,

(4) North arrow, and

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

(6) Unpaved parking lot(s).

c. Appropriate control measures, or a combination thereof, as described in Sections 305 and 306 

of this rule, for every actual and potential dust-generating operation.

(1) Control measures must be implemented before, after, and while conducting any dustgenerating operation, including during weekends, after work hours, and on holidays.

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

identified for all dust-generating operations.

(3) A control measure that is not listed in Section 305 or in Section 306 of this rule may be 

chosen provided that such control measure is implemented to comply with the 

requirements described in Section 301 of this rule.

(4) If complying with Section 305.7, Control Measures for Dust-Generating OperationsUnpaved Haul/Access Roads Section 305.7(e) of this rule, the Dust Control Plan must 

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

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

trucks).

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

instructions for approved usage:

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

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

(3) Information on environmental impacts and approvals or certifications related to 

appropriate and safe use for ground application.

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

sedimentation where unpaved roads and/or access points join paved areas accessible to the 

public.

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

accordance with the criteria used to approve, disapprove or conditionally approve a permit, as 

described in Rule 200: Permit Requirements of these rules. Failure to comply with the provisions 

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

402.5 For construction projects one acre or larger, except for routine maintenance and repair done under 

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

described in Appendix F of these rules is naturally present at or will be imported to the dustgenerating operation. The measured soil content at a particular site shall take precedence over any 

mapped soil types, and whenever soils have been tested at a particular site, the test results should 

be relied on rather than the map in Appendix F of these rules.

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

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

measure is effective to comply with all of the requirements of this rule, the owner and/or operator 

need not revise the Dust Control Plan.

403 DUST CONTROL PLAN REVISIONS:

403.1 If Required by the Control Officer:

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

fugitive dust emissions from any dust-generating operation still exceed the standards of this 

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

dust-generating operation explaining such determination.

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b. The owner and/or operator of a dust-generating operation shall make written revisions to the 

Dust Control Plan and shall submit such revised Dust Control Plan to the Control Officer 

within three working days of receipt of the Control Officer’s written notice, unless such time 

period is extended by the Control Officer, upon request, for good cause. During the time that 

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

owner and/or operator must still comply with all requirements of this rule.

403.2 If Requested by the Permittee:

a. If the acreage of a project changes, the owner and/or operator shall request a Dust Control 

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

prescribed by the Control Officer.

b. If the permit holder changes, the owner and/or operator shall request a Dust Control Plan 

revision. Such Dust Control Plan revision shall be filed in the manner and form prescribed by 

the Control Officer.

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

implementation of the Dust Control Plan and responsible for the dust-generating operation 

change, the owner and/or operator shall request a Dust Control Plan revision. Such Dust 

Control Plan revision shall be filed in the manner and form prescribed by the Control Officer.

d. If the activities related to the purposes for which the Dust Control permit was obtained 

change, the owner and/or operator shall request a Dust Control Plan revision. Such Dust 

Control Plan revision shall be filed in the manner and form prescribed by the Control Officer.

403.3 If Rule 310 Is Revised:

a. If any changes to a Dust Control Plan are necessary as a result of the most recent revisions of 

this rule, such changes to the Dust Control Plan shall not be required until the associated Dust 

Control permit is required to be renewed.

b. If any changes to a Dust Control Plan associated with a Title V permit or with a Non-Title V 

permit are necessary as a result of the most recent revisions of this rule, then the owner and/or 

operator shall submit a revised Dust Control Plan to the Control Officer, according to the 

minor permit revision procedures described in Rule 210 or in Rule 220 of these rules 

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respectively, no later than six months after the effective date of the most recent revisions to 

this rule.

404 DUST CONTROL BLOCK PERMIT REQUIREMENTS:

404.1 A Dust Control Block Permit application may be submitted to the Control Officer, if one or more 

of the activities listed in this section of this rule are conducted and if such activities occur at more 

than one site (i.e., projects that involve multiple small areas scattered throughout Maricopa County 

including, but not limited to, fiber optic cable installation and natural gas line extension). New 

construction shall obtain a separate Dust Control permit.

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

responsible for the repeat maintenance of infrastructure including, but not limited to, weed 

control around a prison, canal bank and road grading, and road shoulder grading).

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

the repeat maintenance of infrastructure including, but not limited to, weed control around a 

prison, canal bank and road grading, and road shoulder grading).

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

public rights-of-way at non-contiguous sites by municipalities, governmental agencies, and 

utilities.

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

operator shall comply with the following requirements:

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

all sites shall be submitted to the Control Officer with the Dust Control Block Permit 

application.

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

are 0.10 acre (4,356 square feet) or greater, including the location and size of each site, shall 

be submitted to the Control Officer with the Dust Control Block Permit application.

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

Control Block Permit application, the applicant shall notify the Control Officer in writing at 

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least three working days prior to commencing the dust-generating operation. The notice shall 

include the site location, size, type of activity, and start date.

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

agencies, and utilities, including subcontractors. However, municipalities, governmental agencies, 

and utilities shall retain overall authority for dust control on the project.

405 APPROVAL OR DENIAL OF PERMIT APPLICATIONS FOR DUST-GENERATING 

OPERATIONS: The Control Officer shall take final action on a Dust Control permit application, a Dust 

Control permit revision, or a Dust Control Block Permit within 14 calendar days of the filing of the 

complete application. The Control Officer shall notify the applicant in writing of his approval or denial.

406 TERMS FOR PERMITS FOR DUST-GENERATING OPERATIONS: A Dust Control permit issued 

according to this rule shall be issued for a period of one year from the date of issuance. Should the project 

last longer than one year from the date the permit was issued, the permittee shall re-apply for a Dust 

Control Permit at least 14 calendar days prior to the expiration date of the original permit. For the purpose 

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

days prior to the expiration date of the original permit.

407 DEFACING, ALTERING, FORGING, COUNTERFEITING, OR FALSIFYING PERMITS FOR 

DUST-GENERATING OPERATIONS: A person shall not willfully deface, alter, forge, counterfeit, or 

falsify any Dust Control permit issued under the provisions of this rule.

408 FEES FOR PERMITS FOR DUST-GENERATING OPERATIONS: No Dust Control permit is valid 

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

by the Control Officer.

409 POSTING OF PERMITS FOR DUST-GENERATING OPERATIONS: A Dust Control permit and a 

Dust Control Plan, as approved by the Control Officer, shall be posted in a conspicuous location at the 

work site, within on-site equipment, or in an on-site vehicle, or shall otherwise be kept available on-site at 

all times.

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

adoption of this rule. An owner and/or operator of a dust-generating operation subject to this rule shall meet 

all applicable provisions of this rule upon adoption of the newly amended provisions of this rule and 

according to the following schedule:

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

other designated on-site representative of the permit holder and water truck and water pull drivers 

for each site shall have successfully completed the Basic Dust Control Training Class, as 

described in Section 309.1 of this rule.

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

under common control of five acres or more of disturbed surface area subject to a permit shall, at 

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

Control permit was obtained, have on-site at least one individual designated by the permit holder 

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

SECTION 500 – MONITORING AND RECORDS

501 COMPLIANCE DETERMINATION: To determine compliance with the visible emissions requirements 

in Section 303 of this rule and with the stabilization requirements in Section 304 of this rule, the following 

test methods shall be followed:

501.1 Opacity Observations:

a. Dust-Generating Operations: Opacity observations of dust-generating operations shall be 

conducted in accordance with Appendix C, Section 3 (Visual Opacity Determination of 

Emissions from Dust-Generating Operations) of these rules.

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

in accordance with Appendix C, Section 2.1 (Test Methods for Stabilization for Unpaved 

Roads and Unpaved Parking Lots) of these rules.

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

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

permanently inactive) shall be conducted in accordance with Appendix C, Section 2.1 (Test 

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

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

beyond the property line shall be conducted in accordance with EPA Reference Method 22.

501.2 Stabilization Observations:

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a. Unpaved Parking Lot: Stabilization observations for unpaved parking lots shall be 

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

Unpaved Roads and Unpaved Parking Lots) of these rules. When more than one test method 

is permitted for a determination, an exceedance of the limits established in this rule 

determined by any of the applicable test methods shall constitute a violation of this rule.

b. Unpaved Haul/Access Road: Stabilization observations for unpaved haul/ access roads 

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

permanently inactive) shall be conducted in accordance with Appendix C, Section 2.1 (Test 

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

When more than one test method is permitted for a determination, an exceedance of the limits 

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

violation of this rule.

c. Disturbed Surface Area: Stabilization observations for any disturbed surface area on which 

no activity is occurring (whether at a work site that is under construction, at a work site that is 

temporarily or permanently inactive) shall be conducted in accordance with at least one of the 

techniques described in Section 501.2(c)(1) through Section 501.2(c)(7) below, as applicable. 

The owner and/or operator of such inactive disturbed surface area shall be considered in 

violation of this rule if such inactive disturbed surface area is not maintained in a manner that 

meets at least one of the standards described in Section 304.3 of this rule, as applicable.

(1) Appendix C, Section 2.3 (Test Methods for Stabilization: Soil Crust Determination: the 

Drop Ball Test) of these rules for a visible soil crust; or

(2) Appendix C, Section 2.4 (Test Methods for Stabilization: Determination of Threshold 

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

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

(3) Appendix C, Section 2.5 (Test Methods for Stabilization: Determination of Flat 

Vegetative Cover) of these rules for flat vegetation cover (i.e., attached [rooted] 

vegetation or unattached vegetative debris lying on the surface with a predominant 

horizontal orientation that is not subject to movement by wind) that is equal to at least 

50%; or

(4) Appendix C, Section 2.6 (Test Methods for Stabilization: Determination of Standing

Vegetative Cover) of these rules for standing vegetation cover (i.e., vegetation that is 

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

30%; or

(5) Appendix C, Section 2.6 (Test Methods for Stabilization: Determination of Standing 

Vegetative Cover) of these rules for standing vegetation cover (i.e., vegetation that is 

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

10% and where the threshold friction velocity is equal to or greater than 43 cm/second 

when corrected for non-erodible elements; or

(6) Appendix C, Section 2.7 (Test Methods for Stabilization: Rock Test Method) of these 

rules for a percent cover that is equal to or greater than 10%, for non-erodible elements; 

or

(7) An alternative and equivalent test method approved in writing by the Control Officer and 

the Administrator.

502 RECORDKEEPING:

502.1 Any person who conducts dust-generating operations that require a Dust Control Plan shall keep a 

written record of self-inspection on each day dust-generating operations are conducted. Selfinspection records shall include daily inspections for crusted or damp soil, trackout conditions and 

clean-up measures, daily water usage for dust control measures, and dust suppressant application. 

Such written record shall also include the following information:

a. Method, frequency, and intensity of application or implementation of the control measures;

b. Method, frequency, and amount of water application to the site;

c. Street sweeping frequency;

d. Types of surface treatments applied to and maintenance of trackout control devices, gravel 

pads, fences, wind barriers, and tarps;

e. Types and results of test methods conducted;

f. If contingency control measures are implemented, actual application or implementation of 

contingency control measures and why contingency control measures were implemented;

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g. List of subcontractors’ names and registration numbers updated when changes are made; and

h. Names of employee(s) who successfully completed dust control training class(es) required by 

Section 309 of this rule, date of the class(es) that such employee(s) successfully completed, 

and name of the agency/representative who conducted such class(es).

502.2 Any person who conducts dust-generating operations that do not require a Dust Control Plan shall 

compile and retain records (including records on any street sweeping, water applications, and 

maintenance of trackout control devices, gravel pads, fences, wind barriers, and tarps) that provide 

evidence of control measure application, by indicating the type of treatment or control measure, 

extent of coverage, and date applied.

502.3 Upon verbal or written request by the Control Officer, the log or the records and supporting 

documentation shall be provided as soon as possible but no later than 48 hours, excluding 

weekends. If the Control Officer is at the site where requested records are kept, records shall be 

provided without delay.

503 RECORDS RETENTION: Any person who conducts dust-generating operations that require a Dust 

Control Plan shall retain copies of approved Dust Control Plans, control measures implementation records, 

and all supporting documentation for at least six months following the termination of the dust-generating 

operation and for at least two years from the date such records were initiated. If a person has obtained a 

Title V Permit and is subject to the requirements of this rule, then such person shall retain records required 

by this rule for at least five years from the date such records are established.

504 TEST METHODS ADOPTED INCORPORATED BY REFERENCE: The test methods listed in this 

section are adopted incorporated by reference. These adoptions incorporations by reference include no 

future editions or amendments. Copies of the test methods listed in this section are available for review at 

the Maricopa County Air Quality Department, 1001 North Central Avenue, Phoenix, AZ, 85004-1942. 

504.1 ASTM Method C136-06 (“Standard Test Method for Sieve Analysis of Fine and Coarse 

Aggregates”), 2006 edition.

504.2 ASTM Method D2216-05 (“Standard Test Method for Laboratory Determination of Water 

[Moisture] Content of Soil and Rock by Mass”), 2005 edition.

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504.3 ASTM Method D1557-02e1 (“Test Method for Laboratory Compaction Characteristics of Soil 

Using Modified Effort (56,000 ft-lbf/ft3 (2,700 kN-m/m3

)”), 2002 edition.

504.4 EPA Reference Method 22 (“Visual Determination of Fugitive Emissions from Material Sources 

and Smoke Emissions from Flares”), 2000 edition.

REGULATION III – CONTROL OF AIR CONTAMINANTS

RULE 310.01

FUGITIVE DUST FROM NON-TRADITIONAL SOURCES OF FUGITIVE DUST

INDEX

SECTION 100 – GENERAL

101 PURPOSE

102 APPLICABILITY

103 EXEMPTIONS

SECTION 200 – DEFINITIONS

201 ANIMAL WASTE

202 AREA A

203 AREA ACCESSIBLE TO THE PUBLIC

204 BULK MATERIAL

205 CHEMICAL/ORGANIC STABILIZER

206 CONTROL MEASURE

207 DISTURBED SURFACE AREA

208 DUST-GENERATING OPERATION

209 DUST SUPPRESSANT

210 EMERGENCY

211 EMERGENCY ACTIVITY

212 FEED LANE ACCESS AREAS

213 FUGITIVE DUST

214 GRAVEL PAD

215 GRIZZLY

216 LIVESTOCK ACTIVITIES

217 MOTOR VEHICLE

218 NON-TRADITIONAL SOURCE OF FUGITIVE DUST

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219 NORMAL FARM CULTURAL PRACTICE

220 OFF-ROAD VEHICLE

221 OPEN AREAS AND VACANT LOTS

222 OWNER AND/OR OPERATOR

223 PAVE

224 PM10 NONATTAINMENT AREA

225 PROPERTY LINE

226 PUBLIC ROADWAYS

227 TRACKOUT/CARRYOUT

228 TRACKOUT CONTROL DEVICE

229 UNPAVED ACCESS CONNECTIONS

230 UNPAVED PARKING LOT

231 UNPAVED ROADWAY (INCLUDING ALLEYS)

232 VACANT LOT 

SECTION 300 – STANDARDS

301 GENERAL REQUIREMENTS FOR NON-TRADITIONAL SOURCES OF FUGITIVE DUST

302 CONTROL MEASURES FOR NON-TRADITIONAL SOURCES OF FUGITIVE DUST

SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500 – MONITORING AND RECORDS

501 COMPLIANCE DETERMINATION

502 RECORDKEEPING

503 RECORDS RETENTION

Adopted 06/16/99

Revised 02/16/00

Revised 02/17/05

Revised 03/26/08

Revised 01/27/10

MARICOPA COUNTY

AIR POLLUTION CONTROL REGULATIONS

REGULATION III – CONTROL OF AIR CONTAMINANTS 

RULE 310.01

FUGITIVE DUST FROM NON-TRADITIONAL SOURCES OF FUGITIVE DUST

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SECTION 100 – GENERAL

101 PURPOSE: To minimize the amount of fugitive dust entrained into the ambient air from non-traditional 

sources of fugitive dust by requiring measures to prevent, reduce, or mitigate fugitive dust emissions.

102 APPLICABILITY:

102.1 The provisions of this rule shall apply to non-traditional sources of fugitive dust that are conducted 

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

102.2 The provisions of this rule shall apply to any open area or vacant lot that is not defined as 

agricultural land and is not used for agricultural purposes according to Arizona Revised Statutes 

(A.R.S.) § 42-12151 and A.R.S. § 42-12152.

103 EXEMPTIONS:

103.1 The provisions of this rule shall not apply to normal farm cultural practices according to A.R.S. § 

49-457 and A.R.S. § 49-504.4.

103.2 The provisions of this rule shall not apply to dust-generating operations that are subject to the 

standards and/or requirements described in Rule 310: Fugitive Dust from Dust-Generating 

Operations of these rules.

103.3 The provisions of this rule shall not apply to emergency activities that may disturb the soil 

conducted by any utility or government agency in order to prevent public injury or to restore 

critical utilities to functional status.

103.4 An area is considered to be a disturbed surface area until the activity that caused the disturbance 

has been completed and the disturbed surface area meets the standards described in this rule.

103.5 103.4 Establishing The provisions of this rule do not apply to the establishment of initial landscapes 

without the use of mechanized equipment, conducting landscape maintenance without the use of 

mechanized equipment, and playing on or maintaining a field used for non-motorized sports shall 

not be considered a dust-generating operation. However, establishing initial landscapes without 

the use of mechanized equipment and conducting landscape maintenance without the use of 

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mechanized equipment shall not include grading, or trenching, performed to establish initial 

landscapes or to redesign existing landscapes.

103.6 Fugitive dust does not include particulate matter emitted directly from the exhaust of motor 

vehicles and other internal combustion engines, from portable brazing, soldering, or welding 

equipment, and from piledrivers, and does not include emissions from process and combustion 

sources that are subject to other rules in Regulation III (Control of Air Contaminants) of these 

rules.

SECTION 200 – DEFINITIONS: See Rule 100-General Provisions and Definitions of these rules for definitions 

of terms that are used but not specifically defined in this rule. For the purpose of this rule, the following definitions 

shall apply, in addition to those definitions found in Rule 100: General Provisions and Definitions of these rules. In 

the event of any inconsistency between any of the Maricopa County air pollution control rules, the definitions in this 

rule take precedence.

201 ANIMAL WASTE – Any animal excretions and mixtures containing animal excretions. 

202 AREA A – As defined in A.R.S. § 49-541(1), the area in Maricopa County delineated as follows:

Township 8 North, Range 2 East and Range 3 East

Township 7 North, Range 2 West through Range 5 East

Township 6 North, Range 5 West through Range 6 East

Township 5 North, Range 5 West through Range 7 East

Township 4 North, Range 5 West through Range 8 East

Township 3 North, Range 5 West through Range 8 East

Township 2 North, Range 5 West through Range 8 East

Township 1 North, Range 5 West through Range 7 East

Township 1 South, Range 5 West through Range 7 East

Township 2 South, Range 5 West through Range 7 East

Township 3 South, Range 5 West through Range 1 East

Township 4 South, Range 5 West through Range 1 East

203 AREA ACCESSIBLE TO THE PUBLIC – Any paved parking lot or paved public roadway that can be 

entered or used for public travel primarily for purposes unrelated to the dust-generating operation.

204 BULK MATERIAL – Any material, including, but not limited to, the following materials that are capable

of producing fugitive dust:

204.1 Earth.

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204.2 Rock.

204.3 Silt.

204.4 Sediment.

204.5 Sand.

204.6 Gravel.

204.7 Soil.

204.8 Fill.

204.9 Aggregate less than 2 inches in length or diameter (i.e., aggregate base course [ABC]).

204.10 Dirt.

204.11 Mud.

204.12 Demolition debris.

204.13 Cotton.

204.14 Trash.

204.15 Cinders.

204.16 Pumice.

204.17 Saw dust.

204.18 Feeds.

204.19 Grains.

204.20 Fertilizers.

204.21 Fluff from shredders.

204.22 Dry concrete.

205 CHEMICAL/ORGANIC STABILIZER – Any non-toxic chemical or organic dust suppressant, other 

than water, which meets any specifications, criteria, or tests required by any federal, state, or local water 

agency and is not prohibited for use by any applicable law, rule, or regulation.

206 CONTROL MEASURE – A technique, practice, or procedure used to prevent or minimize the generation, 

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

207 DISTURBED SURFACE AREA – A portion of the earth's surface or material placed on the earth’s 

surface that has been physically moved, uncovered, destabilized, or otherwise modified from its 

undisturbed native condition if the potential for the emission of fugitive dust is increased by the movement, 

destabilization, or modification.

208 DUST-GENERATING OPERATION – Any activity capable of generating fugitive dust, including but 

not limited to, the following activities:

208.1 Land clearing, maintenance, and land cleanup using mechanized equipment.

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208.2 Earthmoving.

208.3 Weed abatement by discing or blading.

208.4 Excavating.

208.5 Construction.

208.6 Demolition.

208.7 Bulk material handling (e.g., bulk material hauling and/or transporting, bulk material 

stacking, loading, and unloading operations).

208.8 Storage and/or transporting operations (e.g., open storage piles, bulk material hauling and/or 

transporting, bulk material stacking, loading, and unloading operations).

208.9 Operation of any outdoor equipment.

208.10 Operation of motorized machinery.

208.11 Establishing and/or using staging areas, parking areas, material storage areas, or access routes 

to and from a site.

208.12 Establishing and/or using unpaved haul/access roads to, from, and within a site.

208.13 Disturbed surface areas associated with a site.

208.14 Installing initial landscapes using mechanized equipment.

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

non-toxic chemical stabilizer, or any other dust palliative, which is not prohibited for ground surface 

application by the Environmental Protection Agency (EPA) or the Arizona Department of Environmental 

Quality (ADEQ), or any applicable law, rule, or regulation, as a treatment material for reducing fugitive 

dust emissions.

210 EMERGENCY – A situation arising from sudden and reasonably unforeseeable events beyond the control 

of the source, including acts of God, which situation requires immediate corrective action to restore normal 

operation, and that causes the source to exceed a limitation in this rule, due to unavoidable increases in 

emissions attributable to the emergency. An emergency shall not include any noncompliance due to 

improperly designed equipment, lack of preventative maintenance, careless or improper operation, or 

operator error.

211 EMERGENCY ACTIVITY – Repairs that are a result of an emergency which prevents or hinders the 

provision of electricity, the distribution/collection of water, and the availability of other utilities due to 

unforeseen circumstances that are beyond the routine maintenance and repair due to normal wear 

conducted by a utility or municipality.

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212 FEED LANE ACCESS AREAS – Roads providing access from the feed preparation areas to and 

including feed land lane areas at a livestock activity. These access roads are typically used to distribute feed 

from feed trucks to the animals.

213 FUGITIVE DUST – The particulate matter not collected by a capture system, that is entrained in the 

ambient air and is caused from human and/or natural activities, such as, but not limited to, movement of 

soil, vehicles, equipment, blasting, and wind. For the purpose of this rule, fugitive dust does not include 

particulate matter emitted directly from the exhaust of motor vehicles and other internal combustion 

engines, from portable brazing, soldering, or welding equipment, and from piledrivers, and does not include 

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

Air Contaminants) of these rules.

214 GRAVEL PAD – A layer of washed gravel, rock, or crushed rock that is at least one inch or larger in 

diameter, that is maintained at the point of intersection of a paved an area accessible to the public and a 

work site entrance exit to dislodge mud, dirt, and/or debris from the tires of motor vehicles and/or haul 

trucks, prior to leaving the work site. A gravel pad shall consist of one inch to 3 inches rough diameter, 

clean, well-graded gravel or crushed rock. Minimum dimensions must be 30 feet wide by 3 inches deep,

and, at minimum, 50 feet long or the length of the longest haul truck motor vehicle, whichever is greater. If 

an unpaved surface exit does not have adequate width to install a 30-foot wide gravel pad, then the width of 

the gravel pad must cover the full width of the unpaved surface exit and such shorter width shall be 

adequate to prevent trackout.

215 GRIZZLY – A device (i.e., rails, pipes, or grates) used to dislodge mud, dirt, and/or debris from the tires 

and undercarriage of motor vehicles and/or haul trucks prior to leaving the work site.

216 LIVESTOCK ACTIVITIES – Any activity directly related to feeding animals, displaying animals, racing 

animals, exercising animals, and/or for any other such activity including, but not limited to, livestock 

arenas, horse arenas, and feed lots, and residential activities related to feeding or raising animals. 

217 MOTOR VEHICLE – A self-propelled vehicle for use on the public roads and highways of the State of 

Arizona and required to be registered under the Arizona State Uniform Motor Vehicle Act, including any 

non-motorized attachments, such as but not limited to, trailers or other conveyances which are connected to 

or propelled by the actual motorized portion of the vehicle.

218 NON-TRADITIONAL SOURCE OF FUGITIVE DUST – A source of fugitive dust that is located at a 

source that does not require any permit under these rules. The following non-traditional sources of fugitive 

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dust are subject to the standards and/or requirements described in Rule 310.01: Fugitive Dust from NonTraditional Sources of Fugitive Dust of these rules:

218.1 Vehicle use in open areas and vacant lots.

218.2 Open areas and vacant lots.

218.3 Unpaved parking lots.

218.4 Unpaved roadways (including alleys).

218.5 Livestock activities.

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

218.7 Easements, rights-of-way, and access roads for utilities (electricity, natural gas, oil, water, and gas 

transmission).

219 NORMAL FARM CULTURAL PRACTICE – All activities by the owner, lessee, agent, independent 

contractor, and/or supplier conducted on any facility for the production of crops and/or nursery plants. 

Disturbances of the field surface caused by turning under stalks, tilling, leveling, planting, fertilizing, or 

harvesting are included in this definition.

220 OFF-ROAD VEHICLE – Any self-propelled conveyance specifically designed for off-road use, 

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

motorbuggies.

221 OPEN AREAS AND VACANT LOTS – Any of the following described in Sections 221.1 through 221.3 

of this rule. For the purpose of this rule, vacant portions of residential or commercial lots that are 

immediately adjacent and owned and/or operated by the same individual or entity are considered one 

vacant open area or vacant lot.

221.1 An unsubdivided or undeveloped tract of land adjoining a developed or a partially developed 

residential, industrial, institutional, governmental, or commercial area.

221.2 A subdivided residential, industrial, institutional, governmental, or commercial lot that contains no 

approved or permitted buildings or structures of a temporary or permanent nature.

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221.3 A partially developed residential, industrial, institutional, governmental, or commercial lot.

222 OWNER AND/OR OPERATOR – Any person who owns, leases, operates, controls, or supervises a 

fugitive dust source subject to the requirements of this rule.

223 PAVE – To apply and maintain asphalt, concrete, or other similar material to a roadway surface (i.e., 

asphaltic concrete, concrete pavement, chip seal, or rubberized asphalt).

224 PM10 NONATTAINMENT AREA – An area designated by the EPA as exceeding National Ambient Air 

Quality Standards based upon data collected through air quality monitoring. The geographical boundary of 

Maricopa County's PM10 nonattainment area is defined as the rectangle determined by and including the 

following townships and ranges: T6N, R3W; T6N, R7E; T2S, R3W; T2S, R7E; and T1N, R8E. Maricopa 

County's PM10 nonattainment area includes the following cities: Surprise, Peoria, Glendale, Phoenix, 

Scottsdale, Tempe, Mesa, Gilbert, Chandler, Avondale, Buckeye, and Goodyear.

225 PROPERTY LINE – The boundaries of an area in which either a person causing the emission or a person 

allowing the emission has the legal use or possession of the property. Where such property is divided into 

one or more sub-tenancies, the property line(s) shall refer to the boundaries dividing the areas of all subtenancies.

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

227 TRACKOUT/CARRYOUT – Any and all bulk materials that adhere to and agglomerate on the surfaces 

of motor vehicles, haul trucks, and/or equipment (including tires) and that have fallen or been deposited 

onto a paved an area accessible to the public.

228 TRACKOUT CONTROL DEVICE – A gravel pad, grizzly, wheel wash system, or a paved area, located 

at the point of intersection of an unpaved area and a paved an area accessible to the public that controls or 

prevents vehicular trackout.

229 UNPAVED ACCESS CONNECTIONS – Any unpaved road connection with a paved public road.

230 UNPAVED PARKING LOT – Any area that is not paved and that is used for parking, maneuvering, 

material handling, or storing motor vehicles and equipment. An unpaved parking lot includes, but is not 

limited to, automobile impound yards, wrecking yards, automobile dismantling yards, salvage yards, 

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material handling yards, and storage yards. For the purpose of this definition rule, maneuvering shall not 

include military maneuvers or exercises conducted on federal facilities.

231 UNPAVED ROADWAY (INCLUDING ALLEYS) – A road that is not paved and that is owned by 

federal, state, county, municipal, or other governmental or quasi-governmental agencies. For the purpose of 

this rule, an unpaved roadway (including alleys) is not a horse trail, hiking path, bicycle path, or other 

similar path used exclusively for purposes other than travel by motor vehicles. An unpaved roadway 

(including alleys) includes designated or opened trail systems and service roads regardless of surface 

composition. and any other property dedicated or otherwise reserved for public or private street uses, as 

evidenced by a recorded document, or having thereon a public easement for such use.

232 VACANT LOT – The definition of vacant lot is included in Section 221: Definition of Open Areas and 

Vacant Lots of this rule.

SECTION 300 – STANDARDS

301 GENERAL REQUIREMENTS FOR NON-TRADITIONAL SOURCES OF FUGITIVE DUST:

301.1 An owner and/or operator of a non-traditional source of fugitive dust shall be subject to the 

standards and/or requirements described in this rule. Failure to comply with any such standards 

and/or requirements is deemed a violation of this rule.

301.2 When an owner and/or operator of a non-traditional source of fugitive dust fails to stabilize 

disturbed surfaces of vacant lots as required in Sections 302.4 and 302.5 of this rule, the Control 

Officer shall commence enforcement of those rule provisions regarding the stabilization of 

disturbed surfaces of vacant lots that include the following:

a. Reasonable written notice to the owner or the owner’s authorized agent or the owner’s 

statutory agent that the unpaved disturbed surface of a vacant lot is required to be stabilized.

The notice shall be given not less than 30 days before the day set for compliance and shall 

include a legal description of the property and the estimated cost to the county for the 

stabilization if the owner does not comply. The notice shall be either personally served or 

mailed by certified mail to the owner’s statutory agent, to the owner at the owner’s last known 

address or to the address to which the tax bill for the property was last mailed.

b. Authority to enter upon any said land/property where such non-traditional source of fugitive 

dust exists/where such disturbed surface area exists and to take remedial and/or corrective

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action as may be deemed appropriate to cope with and relieve, reduce, remedy, and/or 

stabilize such non-traditional source of fugitive dust/such disturbed surface area. Any cost 

incurred in connection with any such remedial or corrective action by the Maricopa County 

Air Quality Department or any person acting for the Maricopa County Air Quality 

Department shall be reimbursed by the owner and/or operator of such non-traditional source 

of fugitive dust.

302 CONTROL MEASURES FOR NON-TRADITIONAL SOURCES OF FUGITIVE DUST:

302.1 When engaged in the activities described in Sections 302.4 through 302.10 of this rule, the owner 

and/or operator of a non-traditional source of fugitive dust shall implement control measures as 

described in Sections 302.4 through 302.10 of this rule, as applicable.

302.2 Control measures shall be implemented to achieve meet the visible emissions requirements and 

stabilization requirements, as required for each activity, and to achieve the compliance 

determination in Section 501 of this rule.

302.3 Failure to implement control measures as required by this rule, as applicable, and/or failure to 

maintain stabilization of a non-traditional source of fugitive dust with adequate surface crusting to 

prevent wind erosion as measured by the requirements in this rule shall be deemed a violation of 

this rule.

302.4 Vehicle Use in Open Areas and Vacant Lots: The owner and/or operator of a non-traditional 

source of fugitive dust that involves vehicle use in open areas and vacant lots shall be subject to 

the visible emissions requirements described in Section 302.4(a) of this rule and, unless otherwise 

specified and/or required, shall comply with the control measures described in Section 302.4(b) of 

this rule and the additional requirements described in Section 302.4(c) of this rule.

a. Visible Emissions Requirements and Stabilization Requirements: The owner and/or 

operator of a non-traditional source of fugitive dust that involves vehicle use in open areas 

and vacant lots shall not cause, suffer, or allow visible emissions of particulate matter, 

including fugitive dust, beyond the property line within which the emissions are generated.

(1) The owner and/or operator of a non-traditional source of fugitive dust that involves 

vehicle use in open areas and vacant lots shall not cause or allow visible emissions of 

particulate matter, including fugitive dust, beyond the property line within which the 

emissions are generated.

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(2) The owner and/or operator of a non-traditional source of fugitive dust that involves 

vehicle use in open areas and vacant lots shall stabilize the open areas and vacant lots on 

which vehicles are used to meet one of the following stabilization limitations:

(a) A soil crust; or

(b) A threshold friction velocity (TFV) corrected for non-erodible elements of 100 

cm/second or higher; or

(c) Flat vegetative cover (i.e., attached [rooted] vegetation or unattached vegetative 

debris lying on the surface with a predominant horizontal orientation that is not 

subject to movement by wind) that is equal to at least 50%; or

(d) Standing vegetative cover (i.e., vegetation that is attached [rooted] with a 

predominant vertical orientation) that is equal to or greater than 30%; or

(e) Standing vegetative cover (i.e., vegetation that is attached [rooted] with a 

predominant vertical orientation) that is equal to or greater than 10% and where the 

threshold friction velocity is equal to or greater than 43 cm/second when corrected 

for non-erodible elements; or

(f) A percent cover that is equal to or greater than 10% for non-erodible elements; or

(g) An alternative test method approved in writing by the Control Officer and the 

Administrator.

b. Control Measures:

(1) Prevent motor vehicle and/or off-road vehicle trespassing, parking, and/or access by 

installing barriers, curbs, fences, gates, posts, shrubs, trees, or other effective control 

measures;

(2) Prevent motor vehicle and/or off-road vehicle trespassing, parking, and/or access by 

posting that consists of one of the following:

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(a) A sign written in compliance with ordinance(s) of local, County, State, or Federal 

sign standards.

(b) An order of a government land management agency.

(c) Most current maps approved by a government land management agency.

(d) Virtual posting a government land management agency.

(3) Uniformly apply and maintain surface gravel or chemical/organic stabilizers to all areas 

disturbed by motor vehicles and/or off-road vehicles; or

(4) Apply and maintain an alternative control measure approved in writing by the Control 

Officer and the Administrator.

c. Additional Requirements:

(1) If open areas and vacant lots are 0.10 acre (4,356 square feet) or larger and have a 

cumulative of 500 square feet or more that are disturbed by being driven over and/or used 

by motor vehicles, by off-road vehicles, or for material dumping, then the owner and/or 

operator shall implement one or more of the control measures described in Section 

302.4(b) of this rule within 60 calendar days following the initial discovery by the 

Control Officer of disturbance or vehicle use on open areas and vacant lots.

(2) Within 30 calendar days following the initial discovery by the Control Officer of 

disturbance or vehicle use on open areas and vacant lots, the owner and/or operator shall 

provide in writing to the Control Officer a description and date of the control measure(s) 

to be implemented to prevent such disturbance or vehicle use on open areas and vacant 

lots.

(3) The owner and/or operator shall implement all control measures necessary to limit the 

disturbance or vehicle use on open areas and vacant lots in accordance with the 

requirements of this rule. Control measure(s) shall be considered effectively implemented 

when the open areas and vacant lots achieve the compliance determinations meet the

requirements described in Section 302.4(a) of this rule.

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(4) Once a control measure in Section 302.4(b) of this rule has been effectively implemented, 

then such open area or vacant lot is subject to the requirements of Section 302.5: Open 

Areas and Vacant Lots of this rule.

(5) Use of or parking on open areas and vacant lots by the owner and/or operator of such 

open areas and vacant lots shall not be considered vehicle use in open areas and vacant 

lots and shall not be subject to the requirements of Section 302.4(b) and Sections 

302.4(c)(1) through 302.4(c)(4) of this rule. Such open areas and vacant lots shall still 

achieve the compliance determinations described in Section 501 of this rule meet the 

requirements described in Section 302.5 of this rule.

(6) Establishing initial landscapes without the use of mechanized equipment or conducting 

landscape maintenance without the use of mechanized equipment shall not be considered 

vehicle use in open areas and vacant lots and shall not be subject to the requirements of 

Section 302.4(b) and Sections 302.4(c)(1) through 302.4(c)(4) of this rule. Such open 

areas and vacant lots shall still achieve the compliance determinations described in 

Section 501 of this rule meet the requirements described in Section 302.5 of this rule.

302.5 Open Areas and Vacant Lots: The owner and/or operator of a non-traditional source of fugitive 

dust that involves open areas and vacant lots shall be subject to the visible emissions requirements 

described in Section 302.5(a) of this rule and, unless otherwise specified and/or required, shall 

comply with the control measures described in Section 302.5(b) of this rule and the additional 

requirements described in Section 302.5(c) of this rule.

a. Visible Emissions Requirements and Stabilization Requirements: The owner and/or 

operator of a non-traditional source of fugitive dust that involves open areas and vacant lots 

shall not cause, suffer, or allow visible emissions of particulate matter, including fugitive dust, 

beyond the property line within which the emissions are generated.

(1) The owner and/or operator of a non-traditional source of fugitive dust that involves open

areas and vacant lots shall not cause or allow visible emissions of particulate matter, 

including fugitive dust, beyond the property line within which the emissions are 

generated.

(2) The owner and/or operator of a non-traditional source of fugitive dust that involves open 

areas and vacant lots shall stabilize the open areas and vacant lots to meet one of the 

following stabilization limitations:

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(a) A soil crust; or

(b) A threshold friction velocity (TFV) corrected for non-erodible elements of 100 

cm/second or higher; or

(c) Flat vegetative cover (i.e., attached [rooted] vegetation or unattached vegetative 

debris lying on the surface with a predominant horizontal orientation that is not 

subject to movement by wind) that is equal to at least 50%; or

(d) Standing vegetative cover (i.e., vegetation that is attached [rooted] with a 

predominant vertical orientation) that is equal to or greater than 30%; or

(e) Standing vegetative cover (i.e., vegetation that is attached [rooted] with a 

predominant vertical orientation) that is equal to or greater than 10% and where the 

threshold friction velocity is equal to or greater than 43 cm/second when corrected 

for non-erodible elements; or

(f) A percent cover that is equal to or greater than 10% for non-erodible elements; or

(g) An alternative test method approved in writing by the Control Officer and the 

Administrator.

b. Control Measures:

(1) Establish vegetative ground cover on all disturbed surface areas. Such control measure(s) 

must be maintained and reapplied, if necessary. Stabilization shall be achieved, per this 

control measure, within eight months after the control measure has been implemented. ; 

or

(2) Apply a dust suppressant to all disturbed surface areas. ; or

(3) Restore all disturbed surface areas within 60 calendar days following the initial discovery 

by the Control Officer of the disturbance, such that the vegetative ground cover and soil 

characteristics are similar to adjacent or nearby undisturbed native conditions. Such 

control measure(s) must be maintained and reapplied, if necessary. Stabilization shall be 

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achieved, per such control measure, within eight months after such control measure has 

been implemented. ; or

(4) Uniformly apply and maintain surface gravel. ; or

(5) Apply and maintain an alternative control measure approved in writing by the Control 

Officer and the Administrator.

c. Additional Requirements:

(1) If open areas and vacant lots are 0.10 acre (4,356 square feet) or larger and have a 

cumulative of 500 square feet or more that are disturbed and if such disturbed area 

remains unoccupied, unused, vacant, or undeveloped for more than 15 days, then the 

owner and/or operator shall implement one or more of the control measures described in 

Section 302.5(b) of this rule within 60 calendar days following the initial discovery by 

the Control Officer of the disturbance on the open areas and vacant lots.

(2) Within 30 calendar days following the initial discovery by the Control Officer of the 

disturbance on the open areas and vacant lots, the owner and/or operator shall provide in 

writing to the Control Officer a description and date of the control measure(s) to be 

implemented.

(3) Control measure(s) shall be considered effectively implemented when the disturbance on 

the open areas and vacant lots achieves the compliance determinations meets the 

requirements described in Section 302.5(a) of this rule.

302.6 Unpaved Parking Lots: The owner and/or operator of a non-traditional source of fugitive dust 

that involves unpaved parking lots shall be subject to the requirements described in Section 

302.6(a) of this rule and, unless otherwise specified and/or required, shall comply with one of the 

control measures described in Section 302.6(b) of this rule and the additional requirements 

described in Section 302.6(c) of this rule.

a. Visible Emissions Requirements and Stabilization Requirements:

(1) The owner and/or operator of a non-traditional source of fugitive dust that involves 

unpaved parking lots shall not cause, suffer, or allow visible emissions of particulate 

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matter, including fugitive dust, beyond the property line within which the emissions are 

generated.

(2) The owner and/or operator of a non-traditional source of fugitive dust that involves 

unpaved parking lots shall not cause or allow visible fugitive dust emissions to exceed 

20% opacity and shall not allow silt loading equal to or greater than 0.33 oz/ft2

. and either 

Section 302.6(a)(2)(a) or Section 302.6(a)(2)(b) of this rule: However, if silt loading is 

equal to or greater than 0.33 oz/ft2, then the owner and/or operator shall not allow the silt 

content to exceed 8%.

(a) Shall not allow silt loading equal to or greater than 0.33 oz/ft2; or

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

b. Control Measures:

(1) Pave; For parking, maneuvering, ingress, and egress areas at developments other than 

residential buildings with four or fewer units that are utilized for more than 35 days 

during the calendar year:

(a) Install and maintain pavement; or

(b) Apply dust suppressant other than water and install, maintain, and use a suitable 

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

particulate matter from tires and the exterior surfaces of motor vehicles that traverse

the site; or

(c) Uniformly apply and maintain surface gravel.

(2) For parking, maneuvering, ingress, and egress areas at developments other than 

residential buildings with four or fewer units that are utilized for 35 days or less during 

the calendar year:

(a) Install and maintain one of the control measures listed in Section 302.6(b)(1) of this 

rule; or

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(b) Apply water and install, maintain, and use a suitable trackout control device that 

controls and prevents trackout and/or removes particulate matter from tires and the 

exterior surfaces of motor vehicles that traverse the site.

(2) (3) Apply dust suppressants other than water and install, maintain, and use a suitable trackout 

control device that controls and prevents trackout and/or removes particulate matter from 

tires and the exterior surfaces of motor vehicles that traverse the site; For parking, 

maneuvering, ingress, and egress areas 3,000 square feet or more in size at residential 

buildings with four or fewer units install and maintain a paving or stabilization method 

authorized by the city, town, or county by code, ordinance, or permit.

(3) Uniformly apply and maintain surface gravel; or

(4) Apply water and install, maintain, and use a suitable trackout control device that controls 

and prevents trackout and/or removes particulate matter from tires and the exterior 

surfaces of motor vehicles that traverse the site.

c. Additional Requirements:

(1) The owner and/or operator of an unpaved parking lot shall implement one of the control 

measures described in Section 302.6(b) of this rule on any surface area(s) of the lot on 

which vehicles enter, park, and exit.

(a) If an unpaved parking lot is utilized for a period of 35 days or less during the 

calendar year, the owner and/or operator shall implement one or more of the control 

measures described in Section 302.6(b) of this rule during the period that the 

unpaved parking lot is utilized for vehicle parking and shall restrict vehicle access to 

only those areas upon which a control measure has been implemented.

(b) If an unpaved parking lot is utilized for more than 35 days during the calendar year, 

the owner and/or operator shall implement one or more of the control measures 

described in Section 302.6(b)(1) through Section 302.6(b)(3) of this rule during the 

period that the unpaved parking lot is utilized for vehicle parking and shall restrict 

vehicle access to only those areas upon which a control measure has been 

implemented.

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(2) (1) Control measure(s) shall be considered effectively implemented when the unpaved 

parking lot achieves the compliance determinations meets the requirements described in 

Section 302.6(a) of this rule.

(3) (2) If trackout occurs, the owner and/or operator shall repair and/or replace the control 

measure(s) and shall clean-up immediately such trackout from paved areas accessible to 

the public including curbs, gutters, and sidewalks when trackout extends a cumulative 

distance of 25 linear feet or more and at the end of the day for all other trackout.

(4) Parking, maneuvering, ingress, and egress areas at developments other than residential 

buildings with four or fewer units shall be maintained with one or more of the following 

dustproof paving methods:

(a) Asphaltic concrete.

(b) Cement concrete.

(c) Penetration treatment of bituminous material and seal coat of bituminous binder and 

a mineral aggregate.

(d) A stabilization method approved in writing by the Control Officer and the 

Administrator.

(5) Parking, maneuvering, ingress, and egress areas 3,000 square feet or more in size at 

residential buildings with four or fewer units shall be maintained with a paving or 

stabilization method authorized by the county by code, ordinance, or permit.

302.7 Unpaved Roadways (Including Alleys): The owner and/or operator of unpaved roadways 

(including alleys) that are used by 150 vehicle trips or more per day in the PM10 nonattainment 

area shall be subject to the stabilization requirements described in Section 302.7(a) of this rule 

and, unless otherwise specified and/or required, shall comply with one of the control measures 

described in Section 302.7(b) of this rule and the additional requirements described in Section 

302.7(c) of this rule.

a. Visible Emissions Requirements and Stabilization Requirements: The owner and/or 

operator of unpaved roadways (including alleys) shall not cause or allow visible fugitive dust 

emissions to exceed 20% opacity and shall not allow silt loading equal to or greater than 0.33 

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oz/ft2

. and either Section 302.7(a)(1) or Section 302.7(a)(2) of this rule: However, if silt 

loading is equal to or greater than 0.33 oz/ft2, then the owner and/or operator shall not allow 

the silt content to exceed 6%.

(1) Shall not allow silt loading equal to or greater than 0.33 oz/ft2; or

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

b. Control Measures:

(1) Pave;

(2) Apply dust suppressants other than water; or

(3) Uniformly apply and maintain surface gravel.

c. Additional Requirements:

(1) If a person allows 150 vehicle trips or more per day on an unpaved roadway (including an 

alley) in the PM10 nonattainment area, then such person shall first implement one of the 

control measures described in Section 302.7(b) of this rule.

(2) A person, who allows 150 vehicle trips or more per day on an unpaved roadway 

(including an alley) in the PM10 nonattainment area, shall be responsible for conducting 

vehicle counts/traffic counts to determine if 150 vehicle trips or more per day occur on an 

unpaved roadway (including an alley). A traffic count shall measure vehicular traffic over 

a 48-hour period, which may consist of two non-consecutive 24-hour periods. Vehicular 

traffic shall be measured continuously during each 24-hour period. The average vehicle 

counts/traffic counts on the highest trafficked days shall be recorded and provided to the 

Control Officer in writing within 60 days of verbal or written request by the Control 

Officer.

(3) Control measure(s) shall be considered effectively implemented under the following 

conditions:

(a) When the unpaved roadway (including an alley) achieves the compliance 

determinations meets the requirements described in Section 302.7(a) of this rule.

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(b) When one of the control measures described in Section 302.7(b) of this rule is 

implemented on 5 miles of unpaved roadways (including alleys) having vehicle 

traffic of 150 vehicle trips or more per day within one calendar year beginning in 

calendar year of 2008. If the control measure described in Section 302.7(b)(2) of this 

rule is implemented, the unpaved roadways (including alleys) must be maintained so 

as to comply with Appendix C of these rules.

302.8 Livestock Activities: The owner and/or operator of a non-traditional source of fugitive dust that 

involves livestock activities shall be subject to the visible emissions requirements described in 

Section 302.8(a) of this rule and, unless otherwise specified and/or required, shall comply with the 

control measures described in Section 302.8(b) of this rule and the additional requirements 

described in Section 302.8(c) of this rule.

a. Visible Emissions Requirements:

(1) For unpaved access connections and unpaved feed lane access areas, the owner and/or 

operator shall not cause or allow visible fugitive dust emissions to exceed 20% opacity.

(2) For corrals, pens, and arenas, the owner and/or operator shall not cause or allow visible 

fugitive dust emissions to exceed 20% opacity for a period aggregating more than three 

minutes in any 60-minute period.

(3) The owner and/or operator shall not cause, suffer, or allow visible emissions of 

particulate matter, including fugitive dust, beyond the property line within which the 

emissions are generated.

b. Control Measures: The owner and/or operator of a non-traditional source of fugitive dust 

that involves livestock activities shall implement the control measures described in this 

section of this rule. When selecting a control measure, the owner and/or operator may 

consider site-specific logistics of the livestock activities. When doing so, some control 

measures may be more reasonable to implement than others. Any control measure that is 

implemented must achieve the applicable standards and requirements described in Sections 

302.8(a) and (c) of this rule, as determined by the corresponding test methods, as applicable, 

and must achieve other applicable standards set forth in this rule. The owner and/or operator 

may submit a request to the Control Officer and the Administrator for the use of alternative 

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control measure(s). The owner and/or operator may implement the alternative control measure 

only after the Control Officer and the Administrator have granted the petition.

(1) For unpaved access connections and unpaved feed lane access areas: 

(a) Apply and maintain dust suppressants other than water; or Apply water and install, 

maintain, and use a suitable trackout control device that controls and prevents 

trackout and/or removes particulate matter from tires and the exterior surfaces of 

motor vehicles that traverse the site;

(b) Apply and maintain pavement, gravel (maintained to a depth of four inches), or 

asphaltic roadbase. ;

(c) Apply and maintain dust suppressants other than water; or

(d) Limit vehicle trips to no more than 20 per day per road, limit vehicle speeds to no 

more than 15 miles per hour, and restrict public access to private roads by installing 

barriers, curbs, fences, gates, posts, or signs written in compliance with ordinance(s) 

of local, County, State, or Federal sign standards.

(2) For unpaved feed lane access areas:

(a) Apply and maintain dust suppressants other than water; or

(b) Apply and maintain pavement, gravel (maintained to a depth of four inches), or 

asphaltic roadbase.

(3) (2) For bulk material hauling, including animal waste, off-site and crossing and/or accessing 

a paved an area accessible to the public:

(a) Load all vehicles used to haul bulk material, including animal waste, such that the 

freeboard is not less than three inches;

(b) Prevent spillage or loss of bulk material, including animal waste, from holes or other 

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

(c) Cover cargo compartment with a tarp or other suitable closure; and

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(d) Install, maintain, and use a suitable trackout control device that controls and prevents 

trackout and/or removes particulate matter from tires and the exterior surfaces of 

motor vehicles that traverse the site.

(4) (3) For corrals, pens, and arenas:

(a) Apply water;

(b) Install shrubs and/or trees within 50 feet to 100 feet of corrals, pens, and arenas;

(c) Scrape and/or remove manure;

(d) Apply a fibrous layer (i.e., wood chips) in working areas; or

(e) Provide shaded areas; or

(e) (f) Apply and maintain an alternative control measure approved in writing by the 

Control Officer and the Administrator.

c. Additional Requirements:

(1) The owner and/or operator of livestock activities shall implement at least one of the 

control measures described in from each of the following three sections of this rule, as 

applicable: Section 302.8(b)(1), Section 302.8(b)(2), and Section 302.8(b)(3), and 

Section 302.8(b)(4) of this rule, as applicable. In lieu of implementing at least one control 

measure from each of the following three sections of this rule, as applicable: Section 

302.8(b)(1), Section 302.8(b)(2), and Section 302.8(b)(3), the owner and/or operator of 

livestock activities shall implement an alternative control measure approved in writing by 

the Control Officer and the Administrator.

(2) Control measure(s) shall be considered effectively implemented when the livestock 

activities achieve the compliance determinations meet the requirements described in 

Section 302.8(a) of this rule.

(3) If trackout occurs, the owner and/or operator shall repair and/or replace the control 

measure(s) and shall clean up immediately such trackout from paved areas accessible to 

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the public including curbs, gutters, and sidewalks when trackout extends a cumulative 

distance of 25 linear feet or more and at the end of the day for all other trackout.

302.9 Erosion-Caused Deposition of Bulk Materials Onto Paved Surfaces: The owner and/or 

operator of a non-traditional source of fugitive dust that involves erosion-caused deposition of 

bulk materials onto paved surfaces shall comply with the control measures described in Section 

302.9(a) of this rule and the additional requirements described in Section 302.9(b) of this rule.

a. Control Measures:

(1) Remove any and all such deposits by utilizing the appropriate control measures within 24 

hours of the deposits’ identification or prior to the resumption of traffic on pavement, 

where the pavement area has been closed to traffic; and

(2) Dispose of deposits in such a manner so as not to cause another source of fugitive dust.

b. Additional Requirements:

(1) In the event that erosion-caused deposition of bulk materials or other materials occurs on 

any adjacent paved roadway, paved parking lot, curb, gutter, or sidewalk, the owner 

and/or operator of the property from which the deposition eroded shall implement both of 

the control measures described in Section 302.9(a) of this rule.

(2) Failure to comply with both of the control measures described in Section 302.9(a) of this 

rule shall constitute a violation of this rule.

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

Natural Gas, Oil, Water, and Gas): The owner and/or operator of a non-traditional source of 

fugitive dust that involves easements, rights-of-way, and access roads for utilities (transmission of 

electricity, natural gas, oil, water, and gas) that are used by 150 vehicle trips or more per day in the 

PM10 nonattainment area shall be subject to the stabilization requirements described in Section 

302.10(a) of this rule and unless otherwise specified and/or required, comply with one of the 

control measures described in Section 302.10(b) of this rule and the additional requirements 

described in Section 302.10(c) of this rule.

a. Visible Emissions Requirements and Stabilization Requirements: The owner and/or 

operator of a non-traditional source of fugitive dust that involves easements, rights-of-way, 

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and access roads for utilities (transmission of electricity, natural gas, oil, water, and gas) shall 

not cause or allow visible fugitive dust emissions to exceed 20% opacity and shall not allow 

silt loading equal to or greater than 0.33 oz/ft2. and either Section 302.10(a)(1) or Section 

302.10(a)(2) of this rule: However, if silt loading is equal to or greater than 0.33 oz/ft2, then 

the owner and/or operator shall not allow the silt content to exceed 6%.

(1) Shall not allow silt loading equal to or greater than 0.33 oz/ft2; or

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

b. Control Measures:

(1) Pave;

(2) Apply dust suppressants other than water;

(3) Uniformly apply and maintain surface gravel; or

(4) Install locked gates at each entry point.

c. Additional Requirements:

(1) If an owner and/or operator allows 150 vehicle trips or more per day to use an easement, 

right-of-way, and access road for utilities (transmission of electricity, natural gas, oil, 

water, and gas) in the PM10 nonattainment area, then such owner and/or operator shall 

first implement one of the control measures described in Section 302.10(b) of this rule.

(2) A person, who allows 150 vehicle trips or more per day to use an easement, right-of-way, 

and access road for utilities (transmission of electricity, natural gas, oil, water, and gas) in 

the PM10 nonattainment area, shall be responsible for conducting vehicle counts/traffic 

counts to determine if 150 vehicle trips or more per day occur on an easement, right-ofway, and access road for utilities (transmission of electricity, natural gas, oil, water, and 

gas). Such person shall provide to the Control Officer written results of such vehicle 

counts/traffic counts within 60 days of verbal or written request by the Control Officer. A 

traffic count shall measure vehicular traffic over a 48-hour period, which may consist of 

two non-consecutive 24-hour periods. Vehicular traffic shall be measured continuously 

during each 24-hour period. The average vehicle counts/traffic counts on the highest 

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trafficked days shall be recorded and provided to the Control Officer in writing within 60 

days of verbal or written request by the Control Officer.

(3) Control measure(s) shall be considered effectively implemented when the easement, 

right-of-way, and access road for utilities (transmission of electricity, natural gas, oil, 

water, and gas) achieves the compliance determinations meets the requirements described 

in Section 302.10(a) of this rule.

SECTION 400 – ADMINISTRATIVE REQUIREMENTS (NOT APPLICABLE)

SECTION 500 – MONITORING AND RECORDS

501 COMPLIANCE DETERMINATION: To determine compliance with this rule, the following test 

methods shall be followed: 

501.1 Opacity Observations:

a. Opacity observations to measure visible emissions shall be conducted in accordance with the 

techniques specified in EPA Reference Method 203B (Visual Determination of Opacity of 

Emissions from Stationary Sources for Time-Exception Regulations). Emissions shall not 

exceed the applicable opacity standards of this rule for a period aggregating more than three 

minutes in any 60-minute period.

b. Opacity observations to determine compliance with Sections 302.6, 302.7, 302.8(a)(1), 

302.8(a)(2), and 302.10 of this rule shall be conducted in accordance with the techniques 

specified in Appendix C (Fugitive Dust Test Methods) of these rules.

501.2 Stabilization observations for unpaved parking lots and/or unpaved roadways (including alleys) 

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

Unpaved Roads and Unpaved Parking Lots) of these rules.

501.3 Stabilization observations for an open area and vacant lot shall vehicle use in open areas and 

vacant lots and/or open areas and vacant lots shall be conducted in accordance with the following: 

a. Appendix C, Se0ction 2.3 (Test Methods for Stabilization: Soil Crust Determination: The 

Drop Ball Test) of these rules; or

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b. Appendix C, Section 2.4 (Test Methods for Stabilization: Determination of Threshold Friction 

Velocity [TFV]: Sieving Field Procedure) of these rules, where the threshold friction velocity 

(TFV) for disturbed surface areas corrected for non-erodible elements is 100 cm/second or 

higher; or

c. Appendix C, Section 2.5 (Test Methods for Stabilization: Determination of Flat Vegetative 

Cover) of these rules, where flat vegetation cover (i.e., attached [rooted] vegetation or 

unattached vegetative debris lying on the surface with a predominant horizontal orientation 

that is not subject to movement by wind) is equal to at least 50%; or

d. Appendix C, Section 2.6 (Test Methods for Stabilization: Determination of Standing 

Vegetative Cover) of these rules, where standing vegetation cover (i.e., vegetation that is 

attached [rooted] with a predominant vertical orientation) is equal to or greater than 30%; or

e. Appendix C, Section 2.6 (Test Methods for Stabilization: Determination of Standing 

Vegetative Cover) of these rules, where the standing vegetation cover (i.e., vegetation that is 

attached [rooted] with a predominant vertical orientation) is equal to or greater than 10% and 

where the threshold friction velocity, corrected for non-erodible elements, is equal to or 

greater than 43 cm/second; or

f. Appendix C, Section 2.7 (Test Methods for Stabilization: Rock Test Method) of these rules 

where a percent cover is equal to or greater than 10% for non-erodible elements.

g. An alternative test method approved in writing by the Control Officer and the Administrator.

502 RECORDKEEPING: Any person subject to the requirements of this rule shall compile and retain records 

that provide evidence of control measure application (i.e., receipts and/or purchase records). Such person 

shall describe, in the records, the type of treatment or control measure, extent of coverage, and date applied. 

Upon verbal or written request by the Control Officer, such person shall provide the records and supporting 

documentation as soon as possible but no later than 48 hours, excluding weekends. If the Control Officer is 

at the site where requested records are kept, such person shall provide the records without delay. 

503 RECORDS RETENTION: Copies of the records required by Section 502 (Recordkeeping) of this rule 

shall be retained for at least two years.

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