EPA SIP Enforceability Statement

1. APPLICABILITY

a. What sources are being regulated? Appendix C describes procedures for test methods associated with Rule 310 (Fugitive Dust). The provisions of Rule 310 apply to all dust-generating operations. Dust-generating operations include: any activity capable of generating fugitive dust, including but not limited to, land clearing, earthmoving, weed abatement by discing or blading, excavating, construction, de molition, bulk material handling, storage and/or transporting operations, vehicle use and movement, the operation of any outdoor equipment, or unpaved parking lots . For the purpose of this rule, landscape maintenance and playing on or maintaining a field used for non-motorized sports shall not be considered a dust-gene rating operation. However, landscape maintenance shall not include grading, tren ching, or any other mechanized surface disturbing activities performed to establish initial landscapes or to redesign existing landscapes. The completeness checklist fo r Rule 310 is in a separate document.

b. What exemptions are provided? Appendix C describes procedures for test methods associated with Rule 310 (Fugitive Dust). The provisions of this rule shall not apply to normal farm cultural practices according to Ariz ona Revised Statutes (A.R.S .) § 49-457 and A.R.S. § 49-504.4. The provisions of this rule sh all not apply to the following nontraditional sources of fugitive dust that are located at sources that do not require any permit under these rules. These non-tr aditional sources of fugitive dust are subject to the standards and/or requi rements described in Rule 310.01-Fugitive Dust From Non-Traditional Sources of Fug itive Dust of these rules. a. Vehicle use in open areas and vacant lots. b. Open ar eas and vacant lots. c. Unpaved parking lots. d. Unpaved roadways (including alleys ). e. Livestock activities. f. Erosioncaused deposition of bulk materials onto paved surfaces. g. Easements, rights-ofway, and access roads for util ities (transmission of electri city, natural gas, oil, water, and gas). The provisions of this ru le shall not apply to emergency activities that may disturb the soil conducted by a ny utility or government agency in order to prevent public injury or to restore cr itical utilities to functional status. The completeness checklist for Rule 310 is in a separate document.

c. What are the units of compliance? The units of compliance are:

Opacity Test Method. The purpose of this test me thod is to estimate the percent opacity of fugitive dust plumes caused by vehicle movement on unpaved roads and unpaved parking lots. This method can onl y be conducted by an individual who has received certification as a qualified ob server. Units are in percentages.

Soil Crust Determination(The Drop Ball Test). The purpose of this test method is to

estimate the silt content of the trafficked parts of the unpave d roads and unpaved parking lots. Units are in centimeters per second.Determination of Threshol d Friction Velocity (TFV). The purpose of this test

method is to determine whethe r an open area or a vacant lot has a stabilized surface. Units are in centimeters per second.

Determination of Flat Vegetative Cover. The purpose of this test method is to determine whether an open ar ea or a vacant lot has a stab ilized surface. Units are in square meters or square inches.

Determination of Standing Vegetative Cover. The purpose of this test method is to determine whether an open ar ea or a vacant lot has a stab ilized surface. Units are in square meters or square inches.

Rock Test Method. The purpose of this test method is to examine the windresistance effects of rocks and other non-erodible elemen ts on disturbed surfaces. Units are in percentages of rock cover.

Visual Opacity Determina tion of Emissions From Dust-Generating Operations. The purpose of this test method is to determin e opacity of fugitive dust plumes from dust-generating operations. Units are in percentages.

Visual Opacity Determina tion of Emissions from Li vestock Activities - Corrals,

Pens and Arenas. The purpose of this test method is to determine opacity of fugitive dust plumes from livestoc k activities - corrals, pens and arenas. Units are in

percentages.

d. Is bubbling or averaging of any type allowed?

No.

e. If there is a redesigna tion, will this ch ange the emission limitations?

No.

2. COMPLIANCE DATES

a. What is the compliance date? The compliance date is the date of the appendix adoption – March 26, 2008.

b. What is the attainment date? Particulates attainment date: December 31, 2006

CO attainment date: December 31, 2000 Ozone attainment date: November 15, 1999

3. SPECIFICIT Y OF CONDUCT

a. What test method is required? Appendix C describes procedures for the fo llowing test methods associated with Rule 310 (Fugitive Dust):

Unpaved roads and unpaved parking lots opacity test method.Silt content test method.

Stabilization limitations for open areas and vacant lots.

Soil Crust Determination.

Determination of Thresh old Friction Velocity.

Determination of Flat Vegetative Cover.

Determination of Standing Vegetative Cover.

Rock Test Method.

Visual Opacity determinati on of emissions from dust -generating operations for fugitive dust emissions.

Visual Opacity determination of emissions from livestock activities - Corrals, Pens

and Arenas.

b. What is the averaging time in the compliance test method? Appendix C, Section 2 (Test Methods for Stabilization) states:

Unpaved Roads and Unpaved Park ing Lots Opacity Test Method: The purpose of this test method is to estimate the percent opacity of fugitive du st plumes caused by vehicle movement on unpaved roads and unpaved parking lots. Make 2 observations per vehicle, beginning with th e first reading at zero seconds and the second reading at five seconds. The zero-second observation should begin immediately after a plume has been creat ed above the surface involved. Record a total of 12 consecutive opacity readings. This will occur once 6 vehicles have

driven on the source in the line of obser vation for which readings are taken. The 12 consecutive readings must be taken within the same period of observation but must

not exceed 1 hour.

Silt Content Test Method: The purpose of this test method is to estimate the silt content of the trafficked parts of unp aved roads and unpaved parking lots. The higher the silt content, the more fine dust particles that are re leased when cars and trucks drive on unpaved roads and unpaved parking lots.

Stabilization Limitations for Op en Areas and Vacant Lots: The purpose of this test

method is to determine whethe r an open area or a vacant lot has a stabilized surface. Should a disturbed open area or vacant lot contain more than one type of disturbance, soil, vegetation, or other characteristics, which are visibly distinguishable, test each representative su rface separately for stability, in an area that represents a random portion of the overall disturbed conditions of the site, according to the appropriate test methods listed below.

Soil Crust Determination

Determination of threshol d friction velocity (TFV)

Determination of flat vegetative coverDetermination of standing vegetative cover

Rock test method

Appendix C, Section 3 (Visual Opacity De termination of Emissions From DustGenerating Operations) states:

For Fugitive Dust Emissions: These procedures are applic able for the determination of the opacity of fugitive dust emissions by a qualified observer. Make opacity observations, to the extent possible, using a contrasting background that is perpendicular to the line of sight. For storage piles, make opacity observations approximately 1 meter above the surface fr om which the plume is generated. The initial observations should begin immediatel y after a plume has been created above the surface involved. Observe the plume mo mentarily at 15-second intervals. For fugitive dust from earthmoving equi pment, make opacity observations approximately 1 meter above the mechanical equipment generating the plume.

For Non-Continuous Du st Plumes Caused by Activitie s Including Bulk Material Loading/Unloading, Non-Conveyorized Sc reening, or Trenching With Backhoes: Make opacity observations so that the line of vision is approximately perpendicular to the dust plume and wind direction. If multiple plum es are involved, do not include more than one plume in the line of sight at one time. Record the distance from the equipment or path that is th e identified initial fa llout zone. Opacity readings should be taken at the maximum poi nt of the entrained fugitive dust plume

that is located outside the initial fallout zone. Make 2 observations per discrete activity, beginning with the first reading at zero seconds and the second reading at 5

seconds. The zero-second observation shou ld begin immediately after a plume has been created above the surface involved. Observe the plume briefly at zero seconds and then again at 5 seconds. Each moment ary observation recorded represents the average opacity of emissions for a 5-second period. Re peat observations until at

least a total of 12 consec utive opacity readings have been recorded. The 12 consecutive readings must be take within the same period of ob servations but must

not exceed 1 hour.

For Continuous Dust Plumes Caused by Equipment and Activities Including Graders, Trechers, Paddlewheels, Blades, Clearing, Leveling, and Raking: Evaluate the dust plume generation and determine if the observations will be made from a single plume or from multiple related plumes. If there are multiple related sources or multiple related points of emissions of dust from a particular activity or multiple pieces of equipment operating in a confined area, opacity readings should be taken at the densest point within the discrete length of equipment travel path with in the 140° sector to the back. Record the distance from the equipment or path that is iden tified as the initial fallout zone. Opacity readings should be taken at the maximum point of the entrained fugitive dust plume that is located outside the initial fallout zone. Observations will be made every 10 seconds until at least 12 readings have been recorded. Observe the plume momentarily at 10-second intervals. Av erage 12 consecutive opacity readings together. If the average opacity reading equals 20% or lower, the dust-generatingoperation is in compliance with the opac ity standard described in Rule 310 (Fugitive Dust).

4. RECORDKEEPING

a. What records are required to determine compliance? Records required to dete rmine compliance include:

Appendix C, Section 2 (Test Methods for Stabilization) states:

Unpaved Roads and Unpaved Park ing Lots Opacity Test Method: The fugitive dust source location, source type, method of control used, observer's name, certification data and affiliation, a sketch of the obser ver's position relative to the fugitive dust source, the time, estimate d distance to the fug itive dust source location, approximate wind direction, estimated wi nd speed, description of the sky condition (presence and color of clouds), observer's position to the fugiti ve dust source, and color of the plume and type of background on the visible emission observation from both when opacity readings are initiated and completed.

Silt Content Test Method: Weigh the container with the material from the collector pan and record its weight. If the source is an unpaved road, multiply the resulting weight by 0.38. If the source is an unp aved parking lot, multiply the resulting weight by 0.55. The resu lting number is the estimated silt loading. Then, divide by the total weight of the sample recorded earlier and multiply by 100 to estimate the percent silt content. Select another two routinely tr aveled portions of the unpaved road or unpaved parking lot and repeat th is test method. Once the silt loading and percent silt content of the 3 samples have been collected and calculated, average the results together. If the average silt loading is less than 0.33 oz/ft2, the surface is stable. If the average silt loading is greater than or equal to 0.33 oz/ft2, then examine the average percent silt content. If the source is an unpaved road and the average percent silt content is 6% or less, the surface is stable. If the source is an unpaved parking lot and the average percent silt content is 8% or less, the surface

is stable. If field test results are within 2% of the standard (for example, 4%-8% silt content on an unpaved road), it is recommended that 3 additional samples from the source be taken to an independe nt laboratory for si lt content analysis.

Stabilization Limitations for Op en Areas and Vacant Lots:

Soil crust determination: Where a visible crust exis ts, drop a steel ball with a diameter of 15.9 millimeters (0.625 inches) and a mass ranging from 16-17 grams

from a distance of one foot directly above (at a 90 ° angle perpendicular to) the soil surface. Drop the ball three times within a survey area that measures 1 foot by 1 foot and that represents a random porti on of the overall disturbed conditions of the site. The survey area shall be considered to have passed the Soil Crust

Determination Test if at l east two out of the three tim es that the ball was dropped,

the results met the criteria in subsection 2.3.2 of this appe ndix. Select at least two other survey areas that represent a random portion of the overall disturbed conditions of the site, and repeat this pro cedure. If the results meet the criteria of subsection 2.3.2 of this appendix for all of the survey areas tested, then the siteshall be considered to have passed the So il Crust Determination Test and shall be considered sufficiently crusted. Repeat the visible crust te st as often as necessary on each random portion of the overall c onditions of the site for an accurate

assessment.

Determination of threshol d friction velocity (TFV): Estimate TFV for the sieve catch with the greatest volume using Tabl e 1 of this appendix, which provides a correlation between sieve opening size and TFV. Collect at least three soil samples which represent random portions of the overall conditions of the site, repeat the above TFV test method for each sample and average the resulting TFVs together to determine the TFV uncorrected for non-erodible elements. Select a survey area of 1 meter by 1 meter that represents a random portion of the overall conditions of the site. Where many non-erodi ble elements lie within the survey area, separate the non-erodible elements into groups according to size. For each group, calculate the overhead area for th e non-erodible elements. Repeat this procedure on an additional two distinct survey areas that represent a random portion of the overall conditions of the site and average the results. Identify the correction factor for the pe rcent cover of non-erodible elements. Multiply the TFV by the corresponding corre ction factor to calculat e the TFV corrected for

non-erodible elements.

Determination of flat vegetative cover: Pinpoint an area the size of a 3/32 inch diameter brazing rod or wooden dowel cen tered above each 1 foot interval mark along one edge of the tape. Count the numb er of times that flat vegetation lies directly underneath the pinpointed area at 1 foot intervals. Co nsistently observe the underlying surface from a 90 ° angle directly above each pinpoint on one side of the tape. Do not count the underlying su rface as vegetated if any portion of the pinpoint extends beyond the edge of the ve getation underneath in any direction. If clumps of vegetation or vegetative debr is lie underneath the pinpointed area, count the surface as vegetated, unless bare soil is visible di rectly below the pinpointed area. When 100 observations have been made, add together the

number of times a surface was counted as vegetated. This total represents the percent of flat vegetation cover (e.g. , if 35 positive counts were made, then vegetation cover is 35%). If the survey area that repr esents a random portion of

the overall conditions of the site is to o small for 100 observations, make as many observations as possible. Then multiply the count of vegetated surface areas by the appropriate conversion factor to obtain percent cover. For example, if vegetation was counted 20 times within a total of 50 observations, divide 20 by 50 and multiply by 100 to obtain a flat vegetation cover of 40%. Conduct the line

transect test method an additional two times on areas that represent a random portion of the overall co nditions of the site and average results.

Determination of standing vegetative cover: Select a survey area that represents a random portion of the overall c onditions of the site that is the shape of a square with sides equal to at least 10 times the average height of the vegetative structures. For smaller standing vegetation, select a survey area of three feet by three feet. Count the number of standing ve getative structures within the surveyarea. Count vegetation, which grows in clum ps as a single unit. Where different types of vegetation exist and/or vegetati on of different height and width exists, separate the vegetativ e structures with similar dimensions into groups. Count the number of vegetative structures in each group within the survey area. Select an individual structure within each group th at represents the average height and width of the vegetation in the group. If the structure is dense (e.g., when looking at it vertically from base to top there is little or zero open air space within its perimeter), calculate and record its frontal silhouette area, ac cording to Equation 6 of this appendix. Also, estimate the averag e height and width of the vegetation if the survey area is larger than nine squa re feet. Otherwise, calculate the frontal

silhouette area. Then calculate the percent cover of standing vegetation.

Rock test method: Select a 1 meter by 1 meter survey area that represents the general rock distribution on the surface. (A 1 meter by 1 meter area is slightly greater than a 3 foot by 3 foot area.) Mark-off the survey area by tracing a straight, visible line in th e dirt along the edge of a measuring tape or by placing short ropes, yard sticks, or other strai ght objects in a square around the survey area. Without moving any of the rocks or other elements, examine the survey

area. Since rocks > 3/8 inch (1 cm) in diameter are of interest, measure the

diameter of some of the smaller rocks to a get a sense for which rocks need to be

considered. Menta lly group the rocks > 3/8 inch (1 cm) diameter lying in the survey area into small, medium, and large size categories. or, if the rocks are all approximately the same size, simply select a rock of average size and typical shape. Without removing any of the rocks from the ground, count the number of rocks in the survey area in each grou p and write down the resulting number. Without removing rocks, select one or two average-size rocks in each group and measure the length and width. Use either me tric units or standard units. Using a calculator, multiply the length times the width of the rocks to get the average dimensions of the rocks in each group. Write down the results for each rock group. For each rock group, multiply the average dimensions (length times width) by the number of rocks counted in the group. Add the results from each rock group to get the total rock ar ea within the survey area. Divide the total rock area by two (to get frontal area). Divide the resulting number by the size of the survey area (make sure the units of measurement match), and multiply by 100 for percent rock cover. For example, th e total rock area is 1,400 square centimeters, divide 1,400 by 2 to get 700. Divide 700 by 10,000 (the survey area is 1 meter by 1 meter, which is 100 centimeters by 100 centimeters or 10,000 centimeters) and multiply by 100. The result is 7% rock cover. If rock measurements are made in inches, convert the survey area from mete rs to inches (1 inch = 2.54 centimeters). Select and mark-off two additional survey areas and repeat the procedures. Make sure the additional survey areas also repr esent the general rock distribution on the site. Average the percent cover results from all three survey areas to estimate the average percent of rock cover. If the averag e rock cover is greate r than or equal to 10%, the surface is stable. If the average rock cover is less than 10%, the surface may or may not be stable. Follow the procedures for the determination of threshold friction velocity (TFV) and use the results from the rock test method asa correction (i.e., multiplication) factor. If th e rock cover is at least 1%, such rock cover helps to limit windblown dust. Howeve r, depending on the soil’s ability to release fine dust particles into the air, the percent rock cover may or may not be sufficient enough to stabilize the surface. It is also possible that the soil itself has a high enough TFV to be stable without even accounting for rock cover.

Appendix C, Section 3 (Visual Opacity De termination of Emissions From DustGenerating Operations) states:

For Fugitive Dust Emissions: The name of the site, fugitive dust source type (i.e., pile, material handling (i.e., transfer, loading, sorting)), method of control used, observer's name, certification data and affiliation, a sketch of the observer's position relative to the fugitive dust source, the time, estimated distance to the fugitive dust source location, approximat e wind direction, estimated wind speed, description of the sky condition (prese nce and color of clouds), observer's position relative to the fugitive dust source, and color of the plume, and type of background on the visible emission observa tion from when opac ity readings are initiated and completed.

For Non-Continuous Du st Plumes Caused by Activitie s Including Bulk Material Loading/Unloading, Non-Conveyorized Sc reening, or Trenching With Backhoes: (1) location of dust-generating operation, t ype of operation, type of equipment in use and activity, and method of contro l used, if any; (2) observer's name,

certification data and affiliati on, a sketch of the observer 's position relative to the dust-generating operation, and observer’s es timated distance and direction to the location of the dust-generating operati on; (3) time that readings begin, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds); and (4) color of the plume and type of background.

b. In what forms or units must records be kept? Appendix C describes procedures for test methods associated with Rule 310 (Fugitive Dust). Rule 310, Section 502 (Recordkeeping) requires the following:

Any person who conducts dust-generating operations that require a Dust Control Plan shall keep a daily written log recording the actua l application or implementation of the control measures delineated in the appr oved Dust Control Plan (including records on any street sweeping, water applications, and maintenance of trackout control devices, gravel pa ds, fences, wind barriers, and tarps).

Any person who conducts dust-generating operations that do not require a Dust

Control Plan shall co mpile and retain records (inc luding records on any street sweeping, water applications, and maintena nce of trackout control devices, gravel pads, fences, wind barriers, and tarps) that provide ev idence of control measure application, by indicating the type of tr eatment or control measure, extent of coverage, and date applied.c. On what time basis must records be kept? Appendix C describes procedures for test methods associated with Rule 310 (Fugitive Dust). Rule 310, Section 503 (Records Reten tion) requires the following:

Copies of approved Dust Control Plans, control measures implementation records, and all supporting documentation shall be re tained for at least six months following the termination of the dust-generating ope ration. Copies of approved Dust Control Plans, control measures implementation re cords, and all supp orting documentation

shall be retained for at leas t 1 year from the date such records were initiated. If a person has obtained a Title V Permit and is subject to th e requirements of this rule, then such person shall retain records require d by this rule for at least 5 years from

the date such records are established.