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

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

AVAQMD Rule 403 403-1

Fugitive Dust D3a, 2/24/10 

RULE 403 

Fugitive Dust 

(aA) General

(1) Purpose 

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

matterParticulate Matter entrained in the ambient air as a result of 

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

actions to prevent, reduce or mitigate fugitive dustFugitive Dust

emissions. 

(b2) Applicability 

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

condition capable of generating fugitive dustFugitive Dust. 

(cB) Definitions 

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

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

earth-moving activities, construction/demolition activitiesEarth-Moving 

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

movement. 

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

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

or the performance standards, and maintenance and calibration criteria as 

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

hereafter adopted by the Governing Board.

(3) BEST AVAILABLE CONTROL MEASURES represent fugitive dust control 

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

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

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

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

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

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

Fugitive Dust D3a, 02/24/10 

Agricultural Operations do not include activities involving the processing or 

distribution of crops or fowl. 

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

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

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

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

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

length or diameter, and other organic or inorganic particulate matterParticulate 

Matter. 

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

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

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

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

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

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

sufficient concentration and application frequency to maintain a stabilized 

surfaceStabilized Surface. 

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

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

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

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

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

breaking. 

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

notified the District in writing that PM10 contingency requirements must be 

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

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

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

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

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

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

arrangement to conduct an active operation for another person. 

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

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

or otherwise modified from its undisturbed natural soil condition, thereby 

increasing the potential for emission of fugitive dustFugitive Dust. This 

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

Fugitive Dust D3a, 02/24/10 

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

cover and soil characteristics are similar to adjacent or nearby natural 

conditions; 

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

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

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

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

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

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

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

accordance with section (D). 

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

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

Fugitive Dust emissions. 

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

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

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

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

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

weed abatement through disking, and soil mulching.

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

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

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

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

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

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

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

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

ten 20 consecutive days. 

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

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

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

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

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

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

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

Fugitive Dust D3a, 02/24/10 

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

times during the most recent 365-day period.

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

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

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

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

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

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

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

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

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

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

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

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

from the date the sample was taken. 

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

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

solid at standard conditions. 

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

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

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

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

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

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

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

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

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

State and Federalstate and federal reference test methods. 

(21) PROPERTY LINE means the “Property Line” – The boundaries of an area in 

which either a person causing the emission or a person allowing the emission has 

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

one or more sub-tenancies, the property lineProperty Line(s) shall refer to the 

boundaries dividing the areas of all sub-tenancies.

(22) REASONABLY AVAILABLE CONTROL MEASURES are appropriate 

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

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

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

Fugitive Dust D3a, 02/24/10 

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

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

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

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

or hereafter adopted by the Governing Board.

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

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

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

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

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

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

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

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

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

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

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

line. 

(26) STABILIZED SURFACE means:

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

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

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

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

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

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

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

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

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

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

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

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

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

normal operating conditions. 

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

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

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

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

defined as public.
403-6 AVAQMD Rule 403 

Fugitive Dust D3a, 02/24/10 

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

Administrator or the appropriate designee of the United States Environmental 

Protection Agency. 

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

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

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

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

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

Visible emissions from any disturbed surface area Disturbed Surface Area which 

is generated by wind action alone. 

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

measured by an anemometerAnemometer. 

(dC) Requirements 

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

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

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

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

the property lineProperty Line of the emission source.; or

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

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

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

which is part of the active operation. 

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

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

available control measures to minimize fugitive dust emissions from each fugitive 

dust source type which is part of the active operation.

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

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

such observations (not necessarily consecutive) is a cumulative three 

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

source shall be included in the cumulative total used to determine 

compliance. 

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

meter when determined, by simultaneous samplingSimultaneous Sampling, as the 

difference between upwind and downwind samples collected on high-volume 

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

Fugitive Dust D3a, 02/24/10 

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

be: 

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

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

PM10. 

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

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

of fugitive dustFugitive Dust between the sampler and the property 

lineProperty Line are minimized. 

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

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

public paved roadways as a result of their operations; or

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

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

result of their operations and remove such material at anytime trackOperations 

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

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

road during active operations; and 

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

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

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

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

each work day when active operations ceaseworkday or evening shift.

(e) Contingency Requirements

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

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

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

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

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

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

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

a Contingency Notification
403-8 AVAQMD Rule 403 

Fugitive Dust D3a, 02/24/10 

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

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

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

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

fugitive dust within the property lines and shall: 

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

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

notification;

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

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

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

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

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

or

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

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

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

than 30 days after the activity becomes a large operation.

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

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

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

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

the site;

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

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

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

sufficiently detailed to demonstrate that the applicable best available 

control measures or reasonably available control measures will be utilized 

and/or installed during all periods of active operations.

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

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

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

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

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

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

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

Fugitive Dust D3a, 02/24/10 

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

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

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

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

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

measures cannot be implemented.

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

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

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

conditionally approved, three conditions must be satisfied:

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

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

required control measures must be implemented, or an acceptable 

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

30 feet wide and at least 50 feet long, 

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

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

increased watering) must be specified for immediate implementation.

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

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

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

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

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

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

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

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

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

concentration and frequency to maintain a Stabilized Surface starting from 

the point of intersection with the public paved surface, and 

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

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

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

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

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

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

Fugitive Dust D3a, 02/24/10 

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

disapproval notification, but will not be relieved of complying with 

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

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

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

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

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

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

from tires and vehicle undercarriages before vehicles exit the site, 

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

from tires and vehicle undercarriages before vehicles exit the site; 

or

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

as equivalent to the methods specified in subparagraphs 

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

(4) Earth-Moving Operations 

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

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

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

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

measures listed for each of the operation stages specified in subparagraphs 

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

(i) Pre-activity: 

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

and

b. Phase work to reduce the amount of Disturbed Surface 

Area at any one time

(ii) During Active Operations:

a. Apply water or chemical/organic stabilizers/suppressants 

sufficient to limit VDE to 20 percent opacity; 

b. Construct and maintain wind barriers sufficient to limit 

VDE to 20 percent opacity. If utilizing wind barriers, 

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

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

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

Fugitive Dust D3a, 02/24/10 

traffic areas sufficient to limit VDE to 20 percent opacity 

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

(iii) Temporary Stabilization During Periods of Inactivity:

a. Restrict vehicular access to the area; and

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

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

with the conditions of a Stabilized Surface. If an area 

having one-half acres or more of Disturbed Surface Area 

remains unused for seven or more days, the area must 

comply with the conditions for a Stabilized Surface area.

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

USEPA as equivalent to the methods specified in subparagraphs 

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

(5) Demolition Operations

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

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

raze or demolish buildings:

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

building materials to limit VDE to 20 percent opacity throughout 

the duration of razing and demolition activities; 

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

materials from razing or demolition activities will fall, or where 

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

VDE to 20 percent opacity; 

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

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

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

access roads from demolition operations shall be performed in 

accordance with (C)(3).

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

USEPA as equivalent to the methods specified in subparagraphs 

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

(6) Bulk Material Operations 

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

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

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

Fugitive Dust D3a, 02/24/10 

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

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

(i) Handling of Bulk Materials:

a. When handling Bulk Materials, apply water or 

chemical/organic stabilizers/suppressants sufficient to limit 

VDE to 20 percent opacity; or

b. Construct and maintain wind barriers sufficient to limit 

VDE to 20 percent opacity and with less than 50 percent 

porosity. If utilizing fences or wind barriers, control 

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

(ii) Storage of Bulk Materials:

a. When storing Bulk Materials, comply with the conditions 

for a Stabilized Surface; 

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

other suitable material and anchor in such a manner that 

prevents the cover from being removed by wind action; 

c. Construct and maintain wind barriers sufficient to limit 

VDE to 20 percent opacity and with less than 50 percent 

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

chemical/organic stabilizers/suppressants to limit VDE to 

20 percent opacity; 

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

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

porosity; or

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

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

area of the Bulk Material deposits.

(iii) On-site Transporting of Bulk Materials:

a. Limit vehicular speed while traveling on the work site 

sufficient to limit VDE to 20 percent opacity; 

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

six inches when material is transported across any paved 

public access road sufficient to limit VDE to 20 percent 

opacity; 

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

to 20 percent opacity; or

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

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

Fugitive Dust D3a, 02/24/10 

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

cargo compartment before the empty truck leaves the site; 

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

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

and/or tailgate; and

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

six inches when material is transported on any paved public 

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

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

with a tarp or other suitable cover.

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

a. Fully enclose the chute or conveyor; 

b. Operate water spray equipment that sufficiently wets 

materials to limit VDE to 20 percent opacity; or

c. Wash separated or screened materials to remove conveyed 

materials having an aerodynamic diameter of ten microns 

or less sufficient to limit VDE to 20 percent opacity. 

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

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

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

(7) Disturbed Open Area of Three or More Acres 

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

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

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

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

unvegetated areas sufficient to limit VDE to 20 percent opacity; 

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

limit VDE to 20 percent opacity; 

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

chemical/organic stabilizers/suppressants sufficient to limit VDE 

to 20 percent opacity;

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

posting “No Trespassing” signs or installing physical barriers such 

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

effectively prevent access to the area; or 

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

USEPA as equivalent to the methods specified in subparagraphs 

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

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

Fugitive Dust D3a, 02/24/10 

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

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

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

control measures, or shall implement an APCO approved Dust Control 

Plan:

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

VDE to 20 percent opacity; 

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

chemical/organic stabilizers/suppressants sufficient to limit VDE 

to 20 percent opacity;

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

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

and results in a stabilized Unpaved Road surface. 

(9) Unpaved Vehicle/Equipment Traffic Area 

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

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

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

control measures, or shall implement an APCO approved Dust Control 

Plan:

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

VDE to 20 percent opacity; 

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

chemical/organic stabilizers/suppressants sufficient to limit VDE 

to 20 percent opacity; 

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

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

Disturbed Surface Area whenever a site becomes an Inactive

Disturbed Surface Area to comply with the conditions for a 

Stabilized Surface; or 

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

and results in a Stabilized Surface. 

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

shall: 

(a) Cease all Active Operations; or

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

limit VDE to 20 percent opacity.

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

shall: 
AVAQMD Rule 403 403-15

Fugitive Dust D3a, 02/24/10 

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

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

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

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

occur for not more than four consecutive days; 

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

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

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

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

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

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

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

all times thereafter; 

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

completion; or

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

actions apply to all Disturbed Surface Areas.

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

(a) Apply Chemical Stabilizers prior to wind event;

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

(c) Stop all vehicular traffic.

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

(a) Apply Chemical Stabilizers; 

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

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

Dust; 

(c) Install temporary coverings; or

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

of the pile.

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

Fugitive Dust D3a, 02/24/10 

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

equivalent to the methods specified in section (C).

(D) Dust Control Plan

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

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

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

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

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

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

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

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

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

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

any governmental entity. 

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

any Earth-Moving Activities that;

(i) Identifies phone numbers for dust complaints; and

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

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

different sites where construction will commence within the next 12 

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

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

completion date of each project.

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

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

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

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

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

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

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

owner/operator regarding the DCP. 

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

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

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

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

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

Fugitive Dust D3a, 02/24/10 

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

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

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

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

Rule 403 at all times.

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

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

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

request.

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

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

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

implementation of the DCP and responsible for the dust generating 

operation and the application of dust control measures.

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

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

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

entire project site.

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

disturbance activities to be performed on the site.

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

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

paved and Unpaved Roads; entrances and exits where 

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

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

manufacturer’s usage instructions (method, frequency, and 

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

equipment; and information on environmental impacts and 

approvals or certifications related to appropriate and safe use for 

ground application.

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

control material carryout, Track-out, and sedimentation where 

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

(viii) Identify a dust control supervisor that:

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

developer;
403-18 AVAQMD Rule 403 

Fugitive Dust D3a, 02/24/10 

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

working hours;

c. Has the authority to expeditiously employ sufficient dust 

mitigation measures to ensure compliance with Rule 

requirements; and

d. Has completed the AVAQMD Fugitive Dust Control Class 

and has been issued a valid Certification of Completion for 

the class.

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

qualifies as an active operation. 

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

approval or conditional approval of the plan. PlansDCP. DCPs must be 

resubmitted annually, at least 60 days prior to the expiration date, or the planDCP

shall become disapproved as of the expiration date. If all fugitive dustFugitive 

Dust sources and corresponding reasonably available control measures or special 

circumstances remain identical to those identified in the previously approved 

planDCP, the resubmittal may contain a simple statement of no-change. 

Otherwise, a resubmittal must contain all the items specified in subparagraphs 

(f)(3)(A through D).

D)(1)(h). 

(10) Any person subject to the requirements of paragraph (f)(1) who no longer 

exceeds, and does not expect to exceed for a period of at least one year, the 

criteria for a large operation or a medium operation under a contingency 

notification may request a reclassification as a non-large operation not subject to 

subparagraph (f). To obtain this reclassification, a person must submit a request 

in writing to the Executive Officer specifying the conditions which have taken 

place to reduce the disturbed surface area and/or the earth-moving or throughput 

conditions to levels below the criteria for large operations. A person must further 

indicate that the criteria for large operations are not expected to be exceeded 

during the subsequent 12-month period. The Executive Officer shall either 

approve or disapprove the reclassification within 60 days from receipt of the 

reclassification request. The Executive Officer will disapprove the request if the 

indicated changes can not be verified to be below the criteria for large operations 

or a medium operation under a contingency notification. If approved, the person 

shall be relieved of all requirements under subdivision (f). Any person so 

reclassified would again be subject to the requirements of subdivision (f) if at any 

time subsequent to the reclassification the criteria for large operations or a 

medium operation under a contingency notification are met.

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

non-contiguous sites may submit one plan covering multiple sites provided that:
AVAQMD Rule 403 403-19

Fugitive Dust D3a, 02/24/10 

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

(B) specific information is provided for each site, including, map of site 

location, address, description of operations, and a listing of all sources of 

fugitive dust emissions within the property lines.

(gE) Compliance Schedule 

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

this Rule Amendment. Pursuant to subdivision (f), any fugitive dust emission control 

plan which has been approved or conditionally approved prior to the date of adoption of 

these amendments shall remain in effect and the plan approval date and annual 

resubmittal date shall remain unchanged. If any changes to such plans are necessary as a 

result of these amendments, such changes shall not be required until the annual 

resubmittal date, pursuant to paragraph (f)(9)rule amendment. 

(h)F) Exemptions 

(1) The provisions of this rule shall not apply to:

(Aa) Agricultural operations outside the boundaries of the South Coast Air 

Basin and agricultural operations conducted within the boundaries of the 

South Coast Air Basin provided that the combined disturbed surface area 

is less than 10 acres.Operations. 

(B) Agricultural operations within the South Coast Air Basin, until December 

31, 1998, whose combined disturbed surface area includes more than 10 

acres. All provisions of this Rule shall become applicable to agricultural 

operations exceeding 10 acres beginning January 1, 1999 unless the person 

responsible for such operations: 

(i) Submits a soil erosion control plan which includes best 

management practices for reducing PM10 emissions by September 

1, 1998 and obtains approval of the soil erosion control plan in 

writing from the Executive Officer prior to December 31, 1998; 

and

(ii) Implements all provisions of the soil erosion control plan within 30 

days after receipt of the approved plan by the Executive Officer. 

(C) Any disturbed surface area(b) Unpaved Roads not part of an industrial or 

commercial facility. 

(c) Any Disturbed Surface Area less than one-half (1/2) acre on property 

zoned for residential uses. 
403-20 AVAQMD Rule 403 

Fugitive Dust D3a, 02/24/10 

(D)d) Active operationsOperations conducted during emergency life-threatening 

situations, or in conjunction with any officially declared disaster or state of 

emergency. 

(Ee) Active operationsOperations conducted by essential service utilities to 

provide electricity, natural gas, telephone, water and sewer during periods 

of service outages and emergency disruptions. 

(F)f) Any contractorContractor subsequent to the time the contract ends, 

provided that such contractorContractor implemented the required control 

measures during the contractual period. 

(Gg) Any grading contractorContractor, for a phase of active operationsActive 

Operations, subsequent to the contractual completion of that phase of 

earth-moving activities, Earth-Moving Activities, provided that the 

required control measures have been implemented during the entire phase 

of earth-moving activitiesEarth-Moving Activities, through and including 

five days after the final grading inspection. 

(H)h) Weed abatement operations ordered by a county agricultural commissioner 

or any state, county, or municipal fire department, provided that: 

(i) mowingMowing, cutting or other similar process is used which 

maintains weed stubble at least three inches above the soil; or

and

(ii) any discing(ii) Any disking or similar operation which cuts into 

and disturbs the soil, where watering is used and meets the 

following conditions:

[prior to initiation of these activities, and a] A determination is 

made by the agency issuing agency of the weed abatement 

order that, due to fire hazard conditions, rocks, or other 

physical obstructions, it is not practical to meet the 

conditions specified in clause(h)(1)(H)(i) and

[b] Such determination is made in writing and provided to the 

person conducting the weed abatement operation prior to 

beginning such activity; and

[c] Such written determination is provided to the Executive 

Officer upon request from the person conducting the weed 

abatement operation.

(Note:(F)(1)(h)(i). The provisions of this clause (h)(1)(H)(ii) doshall not 

exempt the owner of any property from controlling fugitive dust 

emissions emanating from disturbed surface areasstabilizing 

Disturbed Surface Areas which have been created as a result of the 

weed abatement actions.) 
AVAQMD Rule 403 403-21

Fugitive Dust D3a, 02/24/10 

(2) The provisions of paragraphs (d)(1) and (d)(4) shall not apply:

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

(i) The required control measures for high wind conditions are 

implemented for each applicable fugitive dust source type, as 

specified in Table 1, and;

(ii) Records are maintained in accordance with clauses (f)(1)(A)(iii), 

(f)(1)(A)(iv) and (f)(1)(A)(v); and

(iii) In the event there are technical (e.g., non-economic) reasons, 

including safety, why any of the required control measures in Table 

1 cannot be implemented for one or more fugitive dust source 

categories, a person submits a "High Wind Fugitive Dust Control 

Plan" (HW-Plan). The HW-Plan must further provide an 

alternative measure of fugitive dust control, if technically feasible. 

 Such plan will be subject to the same approval conditions as 

specified in subparagraphs (f)(5) and (f)(6);

(B) To unpaved roads, provided such roads:

(i) are used solely for the maintenance of wind-generating equipment; 

or meet all of the following criteria:

[a] are less than 50 feet in width at all points along the 

road;

[b] are within 25 feet of the property line; and

[c] have a traffic volume less than 20 vehicle-trips per day.

(C) To any active operation, open storage pile, or disturbed surface area for 

which necessary fugitive dust preventive or mitigative actions are in 

conflict with the federal Endangered Species Act.

(D) To non-routine or emergency maintenance of flood control channels and 

water spreading basins.

(3) The provisions of paragraphs (d)(1), (d)(2), and (d)(4) shall not apply to:

(A) Blasting operations which have been permitted by the California Division 

of Industrial Safety; and

.

(Bj) Motion picture, television, and video production activities when dust 

emissions are required for visual effects. In order to obtain this 

exemption, the Executive OfficerAPCO must receive notification in 
403-22 AVAQMD Rule 403 

Fugitive Dust D3a, 02/24/10 

writing at least 72 hours in advance of any such activity and no nuisance 

results from such activity. 

(42) The provisions of paragraph (d)(paragraphs (C)(1) through (C)(14) shall not apply

if the dust control actions, as specified in Table 2, are implemented on a routine 

basis for each applicable fugitive dust source type. To qualify for this exemption, 

a person must: 

(A) maintain(a) When high winds exceed 25 miles per hour, provided that:

(i) The required control measures for High Wind Conditions are 

implemented for each applicable Fugitive Dust source type, as 

specified in section (C)(10) through (C)(14); 

(ii) Maintain daily records to document the dates of active operations, 

all applicable fugitive dust source types, and thespecific actions 

taken consistent with Table 2; 

(B) retain(iii) Maintain such records for a period of at least not 

less than six months; and

(C) make(iv) Make such records available to the Executive 

OfficerAPCO upon request. 

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

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

or 

(ii) Meet all of the following criteria:

a. Are less than 50 feet in width at all points along the road;

b. Are within 25 feet of the Property Line; and

c. Have a traffic volume less than 20 vehicle-trips per day.

(c) To any Active Operation, Open Storage Pile, or Disturbed Surface Area 

for which necessary Fugitive Dust preventive or mitigative actions are in 

conflict with the federal Endangered Species Act.

(d) To Non-routine or emergency maintenance of flood control channels and 

water spreading basins.

(4) The provisions of paragraph (d)(5)section (C)(3) shall not apply to earth coverings 

of public paved roadwaysPaved Roads where such coverings are approved by a 

local government agency for the protection of the roadway, and where such 

coverings are used as roadway crossings for haul vehicles. 

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

Fugitive Dust D3a, 02/24/10 

(A) officiallya) Officially-designated public parks and recreational areas, 

including national parks, national monuments, national forests, state parks, 

state recreational areas, and county regional parks; 

(B) any construction and/or earth-moving activity in which the completion 

date is expected to be less than 60 days after the beginning date. To 

qualify for this exemption, a person must:

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

as a large operation or a medium operation under a contingency 

notification;

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

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

(iii) take the actions specified in Tables 1 and 2 at such time as the 

construction and/or earth-moving activities extend more than 60 

days after qualifying as a large operation or a medium operation 

under a contingency notification.

(C) any large operation or a medium operation under a contingency 

notification which is required to submit a dust control plan to any city or 

county government which has adopted a District-approved dust control 

ordinance. To qualify for this exemption, a person must submit a copy of 

the city- or county-approved dust control plan to the Executive Officer

within 30 days of the effective date of this rule or within 30 days of 

receiving approval from the city or county government, whichever is later.

(D) any large operation or a medium operation under a contingency 

notification subject to Rule 1158, which has an approved dust control plan 

pursuant to Rule 1158, provided that all sources of fugitive dust are 

included in the Rule 1158 plan.

(iG) Fees 

(1) Any person subject to a planDust Control Plan submittal pursuant to subparagraph 

(f)(1)(B) or clause (h)(2)(A)(iii) or subparagraph (h)(1)(B)section (D) shall be 

assessed applicable filing and evaluation fees pursuant to Rule 306. Any person 

who simultaneously submits a plan pursuant to subparagraph (f)(1)(B) and clause 

(h)(2)(A)(iii) shall, for the purpose of this rule, be deemed to submit one plan.

(2) The submittal of an annual statement of no-change, pursuant to paragraph 

(f)(9)section (D)(1)(i), shall not be considered as an annual review, and therefore 

shall not be subject to annual review fees, pursuant to Rule 306. 
403-24 AVAQMD Rule 403 

Fugitive Dust D3a, 02/24/10 

(3) The owner/operator of any facility for which the Executive OfficerAPCO

conducts upwind/downwind monitoring for PM10 pursuant to paragraph 

(d)(4section (C)(2) shall be assessed applicable Ambient Air Analysis Fees 

pursuant to Rule 304.1. Applicable fees shall be waived for any facility which is 

exempted from paragraph (d)(4) or meets the requirements of paragraph (d)(4).

[SIP: Submitted as amended mm/dd/yy on mm/dd/yy; Submitted as amended 2/14/97 on 

8/1/97; Submitted as amended 7/9/93 on 7/13/94; Approved 9/8/78, 43 FR 40011, 40 

CFR 52.220(c)(39)(iii)(C); Approved 6/14/78, 43 FR 25684, 40 CFR 

52.220(c)(32)(iv)(A)] 
TABLE 1 

BEST [REASONABLY]*

 AVAILABLE CONTROL MEASURES 

FOR HIGH WIND CONDITIONS 

AVAQMD Rule 403 403-25

Fugitive Dust D3a, 2/24/10 

Appendix “A”

CONSTRUCTION SITE SIGNAGE GUIDELINES

(Minimum Requirements)

The purpose of this signage is to allow the public to contact the responsible party if 

Visible Dust Emissions or Track-out of material is observed from a construction site.

Fugitive Dust 

Source CategoryProject 

size

Control Measures≥ Ten Acres

Earth-moving (1A) Cease all active operations, OR

(2A) Apply water to soil not more than 15 minutes prior to 

moving such soil.

Disturbed surface 

areas

(0B) On the last day of active operations prior to a weekend, 

holiday, or any other period when active operations will not 

occur for not more than four consecutive days: apply water 

with a mixture of chemical stabilizer diluted to not less than 

1/20 of the concentration required to maintain a stabilized 

surface for a period of six months; OR

(1B) Apply chemical stabilizers prior to wind event, OR

(2B) Apply water to all unstabilized disturbed areas 3 times per 

day. If there is any evidence of wind driven fugitive dust, 

watering frequency is increased to a minimum of four times 

per day ; OR

(3B) Take the actions specified in Table 2, Item (3c); OR

(4B) Utilize any combination of control actions (1B), (2B), and 

(3B) such that, in total, these actions apply to all disturbed 

surface areas.

Unpaved roads (1C) Apply chemical stabilizers prior to wind event, OR

(2C) Apply water twice [once] per hour during active operation, 

OR

(3C) Stop all vehicular traffic

Open storage piles (1D) Apply water twice [once] per hour, OR

(2D) Install temporary coverings

Paved road track-out (1E) Cover all haul vehicles; OR

(2E) Comply with the vehicle freeboard requirements of Section 

23114 of the California Vehicle Code for both public and 

private roads.

All Categories (1F) Any other control measures approved by the Executive 

Officer and the U.S. Environmental Protection Agency as 

equivalent to the methods specified in Table 1 may be used.

*Measures in [brackets] are reasonable available control measures and only apply to sources not

within the South Coast Air Basin.
403-26 AVAQMD Rule 403 

Fugitive Dust D3a, 02/24/10 

Fugitive Dust 

Source Category Control Actions

Earth-moving (except 

construction cutting and 

filling areas, and mining 

operations)

(1a) Conduct watering as necessary to prevent visible 

emissions from extending more than 100 feet beyond 

the active cut or mining area unless the area is 

inaccessible to watering vehicles due to slope 

conditions or other safety factors.

(1a-1) Apply dust suppression in sufficient quantity and 

frequency to maintain a stabilized surface. Any areas 

which cannot be stabilized, as evidenced by wind 

driven fugitive dust must have an application of water 

at least twice per day to at least 80 [70] percent of the 

unstabilized area

(1b) Apply chemical stabilizers within five working days of 

grading completion; OR

(1c) Take actions (3a) or (3c) specified for inactive 

disturbed surface areas.

Disturbed surface areas 

(except completed grading 

areas)

(2a/b) Apply water to at least 80 [70] percent of all inactive 

disturbed surface areas on a daily basis when there is 

evidence of wind driven fugitive dust, excluding any 

areas which are inaccessible to watering vehicles due 

to excessive slope or other safety conditions; OR

Disturbed surface areas; 

Completed grading areas

(2c) Apply dust suppressants in sufficient quantity and 

frequency to maintain a stabilized surface; OR

(2d) Establish a vegetative ground cover within 21 [30]

days after active operations have ceased. Ground 

cover must be of sufficient density to expose less than 

30 percent of unstabilized ground within 90 days of

planting, and at all times thereafter; OR

Inactive disturbed surface 

areas

(3a) Utilize any combination of control actions (3a), (3b), 

and (3c) such that, in total, these actions apply to all 

inactive disturbed surface areas.

(3b) Apply dust suppressants in sufficient quantity and 

frequency to maintain a stabilized surface; OR

(3c) Establish a vegetative ground cover within 21 [30]

days after active operations have ceased. Ground 

cover must be of sufficient density to expose less than 

30 percent of unstabilized ground within 90 days of

planting, and at all times thereafter; OR

(3d) Utilize any combination of control actions (3a), (3b), 

and (3c) such that, in total, these actions apply to all 

inactive disturbed surface areas.

Unpaved Roads (4a) Water all roads used for any vehicular traffic at least 
AVAQMD Rule 403 403-27

Fugitive Dust D3a, 02/24/10 

Fugitive Dust 

Source Category Control Actions

once per every two hours of active operations [3 times 

per normal 8 hour work day]; OR

(4b) Water all roads used for any vehicular traffic once 

daily and restrict vehicle speeds to 15 miles per hour; 

OR

(4c) Apply a chemical stabilizer to all unpaved road 

surfaces in sufficient quantity and frequency to 

maintain a stabilized surface.

Open storage piles (5a) Apply chemical stabilizers; OR

(5b) Apply water to at least 80 [70] percent of the surface 

area of all open storage piles on a daily basis when 

there is evidence of wind driven fugitive dust; OR

(5c) Install temporary coverings; OR

(5d) Install a three-sided enclosure with walls which 

extend, at a minimum, to the top of the pile.

All Categories (6a) Any other control measures approved by the Executive 

Officer and the U.S. Environmental Protection Agency 

as equivalent to the methods specified in Table 2 may 

be used.

*Measures in [brackets] are reasonable available control measures and only apply to sources not 

within the South Coast Air Basin.

CONTROL OPTIONS

(1) Pave or apply chemical stabilization at sufficient concentration and frequency to 

maintain a stabilized surface starting from the point of intersection with the public paved 

surface, and extending for a centerline distance of at least 100 feet and a width of at least 

20 feet.

(2) Pave from the point of intersection with the public paved road surface, and extending for 

a centerline distance of at least 25 feet and a width of at least 20 feet, and install a trackout control device immediately adjacent to the paved surface such that exiting vehicles 

do not travel on any unpaved road surface after passing through the track-out control 

device

(3) Any other control measures approved by the Executive Officer and the U.S. 

Environmental Protection Agency as equivalent to the methods specified in Table 3 may 

be used.

Sign size 48” x 96”

Sign Template
A-28 AVAQMD Rule 403 

Staff Report, D3 2/25/10

Permit # ( if applicable) 4”

Site Name 4”

Project Name / Tract # # # # 4”

IF YOU SEE DUST COMING 

FROM THIS PROJECT CALL 4”

Name, Phone Number(XXX) XXX-XXXX 6”

If you do not receive a response, Please call

The Antelope Valley AQMD at 1-877-723-8070 3”

Notes: 

Signage must be located within 50 feet of each project site entrance.

No more than four signs are required per site/facility.

One sign is sufficient for multiple site entrances located within 300 yards of each other. 

Text height shall be at a minimum as shown on right side of sign template above.

Sign background must contrast with lettering, typically black text with white background.

Sign should be one inch AC laminated plywood board.

The lower edge of the sign board must be a minimum of six feet and a maximum of seven 

feet above grade.

The telephone number listed for the contact must be a local or a toll-free number 

and shall be accessible 24 hours per day.