______________________________________________________________________________ EPA SIP Enforceability Statement for Rule 310(Adopted 2010)

1. APP LICABILITY

a. What sources are being regulated?

Rule 310 limits particulate matter (PM 10 ) 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 follow ing exem ptions :

• 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 -Traditiona l 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).c. What are the units of compliance? The units of compliance are: Opacity

- 20%

No visible emissi ons across the property line

Soil m oisture content - 12%

Silt content

- 6% or 8 %

Threshold friction v elocity

- 43 or 100 cm

Silt loading - 0.33 oz/ft 2

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 attainmen t 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 Sectio n 504.):

• Test m ethods 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

Wat er (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/ft 3 ((2,700 kN

- m/m 3 )”),

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?Averaging time is not allowed in Rule 310.

4. RECORDKEEPING

a. What records are requir ed to determine compliance?

Rule 310, Section 502 require s 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 maintenan ce 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 record s 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 o f 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.