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EPA SIP Enforceability Statement for Rule 310(Adopted 2010)

1. APPLICABILITY

a. What sources are being regulated?

Rule 310 limits particulate matter (PM10) emissions from any property, operation, or 

activity that may serve as a fugitive dust source.

b. What exemptions are provided?

Rule 310, 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 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: 

• 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

• Easements, rights-of-way, and access roads for utilities (transmission of electricity, 

natural gas, oil, water, and gas)

• 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.

• 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 (an 

analysis of the rooftop tile cutting exemption is provided in Appendix 7 of this 

document).

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c. What are the units of compliance?

The units of compliance are: 

Opacity - 20%

No visible emissions across the property line 

Soil moisture content -12%

Silt content - 6% or 8 %

Threshold friction velocity - 43 or 100 cm

Silt loading - 0.33 oz/ft2 

d. Is bubbling or averaging of any type allowed?

Bubbling or averaging is not allowed in Rule 310. 

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 lists the following test methods (in Section 501) and test procedures (in Section 

504.):

• Test methods

Visual opacity determination of emissions from dust-generating operations 

Test methods for stabilization for unpaved roads and unpaved parking lots 

Test methods for stabilization for unpaved roads and unpaved parking lots 

EPA Reference Method 22 for opacity observations of visible emissions beyond the 

property line 

• Test procedures

ASTM Method C136-06 (“Standard Test Method for Sieve Analysis of Fine and 

Coarse Aggregates”), 2006 edition

ASTM Method D2216-05 (“Standard Test Method for Laboratory Determination of 

Water (Moisture) Content of Soil and Rock by Mass”), 2005 edition

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

EPA Reference Method 22 (“Visual Determination of Fugitive Emissions from

Material Sources and Smoke Emissions from Flares”), 2000 edition

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

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Averaging time is not allowed in Rule 310.

4. RECORDKEEPING

a. What records are required to determine compliance?

Rule 310, Section 502 requires the following records: 

• 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. Self-inspections 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. Written records shall also 

include the following information: 

 Method, frequency, and intensity of application or implementation of the control 

measures

 Method, frequency, and amount of water application to the site 

 Street sweeping frequency

 Types of surface treatments applied to and maintenance of trackout control 

devices, gravel pads, fences, wind barriers, and tarps

 Types and results of test methods conducted 

 If contingency control measures are implemented, actual application or 

implementation of contingency control measures and why contingency control 

measures were implemented

 List of subcontractors’ names and registration numbers updated when changes 

are made

 Names of employee(s) who successfully completed dust control training class(es) 

required by Rule 310, date of the class(es) that such employee(s) successfully 

completed, and name of the agency/representative who conducted such class(es)

• 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.

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

Rule 310, Section 502 requires that records be kept in written form.

c. On what time basis must records be kept?

Rule 310, Section 503 requires that copies of approved Dust Control Plans, control 

measures implementation records, and all supporting documentation be kept 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.

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