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EPA SIP Enforceability Statement for Rule 310.01(Adopted 2010)

1. APPLICABILITY

a. What sources are being regulated?

Rule 310.01 minimizes 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. Non-traditional sources of fugitive dust include: vehicle 

use in open areas and vacant lots, open areas and vacant lots, unpaved parking lots, 

unpaved roadways (including alleys), livestock activities, erosion-caused deposition of 

bulk materials onto paved surfaces, and easements, rights-of-way, and access roads for 

utilities (electricity, natural gas, oil, water, and gas transmission).

b. What exemptions are provided?

Rule 310.01, Section 103 lists the following exemptions:

• 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.

• 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.

• 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. 

• The provisions of this rule do not apply to the establishment of initial landscapes 

without the use of mechanized equipment, conducting landscape maintenance 

without the use of mechanized equipment, and playing on or maintaining a field used 

for non-motorized sports. However, establishing initial landscapes without the use of 

mechanized equipment and conducting landscape maintenance without the use of 

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

initial landscapes or to redesign existing landscapes. 

c. What are the units of compliance?

The units of compliance are: 

Opacity - 20%

No visible emissions across the property line 

Stabilization limitations – Soil crust, threshold friction velocity, vegetative cover 

Silt content - 6% or 8 %

Silt loading - 0.33 oz/ft2 

d. Is bubbling or averaging of any type allowed?

Bubbling or averaging is not allowed in Rule 310.01. 

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e. If there is a redesignation, will this change the emissions limitations?

No.

2. COMPLIANCE DATES

a. What is the compliance date?

The compliance date is the date of rule adoption: January 27, 2010. 

b What is the attainment date?

Particulates attainment date: December 31, 2006 or as expeditiously as possible thereafter.

3. SPECIFICITY OF CONDUCT

a. What test methods are required?

Rule 310.01, Section 501 lists the following test methods:

• 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 Rule 310.01 for a period aggregating more than three 

minutes in any 60-minute period.

• The techniques specified in Appendix C (Fugitive Dust Test Methods). 

b. What is the averaging time in the compliance test method?

Averaging time is not allowed in Rule 310.01.

4. RECORDKEEPING

a. What records are required to determine compliance?

Rule 310.01, Section 502 requires that records provide evidence of control measure 

application (i.e., receipts and/or purchase records) and include the type of treatment or 

control measure, extent of coverage, and date applied.

b. In what forms or units must records be kept?

Rule 310.01, Section 502 requires that records be kept in written form.

c. On what time basis must records be kept?

Rule 310.01, Section 503 requires that records be retained for at least two years.

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