Response to Comments from 

Arizona Rock Products Association and The Arizona Chapter 

Associated General Coi~tractors 

GRIC Public Comment Period July 1,2006 thru July 3 1,2006 

The comments received from the Arizona Rock Products Association (ARPA) indicate 

that GRIC DEQ continue to include ARPA in the TIP development process and any 

future stakeholder meetings. The GRIC Air Program is committed to working with all 

affected entities including Tribal entities such as Gila River Sand and Gravel (GRSG). 

Air Quality personnel have worked with Gila River Sand and Gravel and their tenants 

from the very beginning of the TIP development process. GRIC Air Quality personnel 

met with GRSG on several occasions and revised the Non-metallic Mineral Mining 

Ordinance in response to comments received from GRSG and their tenants. GRIC 

personnel met with the GRSG board and operations personnel on March 17,2003 to 

discuss the proposed TIP ordinances that apply to Gila River Sand and Gravel. GRIC air 

quality personnel participated in a tour of the plant on Hwy 587 on July 29, 2003. GRIC 

Air Quality staff also met with GRSG, Rinker, Hansen and personnel from other affected 

entities in May 2005 to walk through each requirement in the ordinances and offered to 

walk through the plant to explain how each requirement applied to each piece of 

equipment or operation. GRSG personnel and their tenants indicated that this was not 

necessary because they understood the requirements. The GRIC DEQ will continue to 

keep all entities affected by the GRIC ordinances informed and has committed to 

assisting Tribal entities and other affected industrial facilities through the permitting 

process. 

ARPA comments request that the DEQ conduct an Economic, Small Business and 

Consumer Impact Statement including a comprehensive economic and technical review 

of the candidate control measures necessary for compliance. However, in developing this 

ordinance DEQ agrees that economic impact analyses are appropriate when regulations 

impose stringent or unusual new requirements. The Air Program conducted and 

extensive review of rules and regulations currently being implemented by numerous 

jurisdictions throughout the United States prior to developing the draft GRIC ordinances. 

The Technical Support Document (TSD) that was provided to ARPA includes an 

extensive technical analysis and a detailed explanation of how the emission limitations 

and operating requirements contained in the GRIC non-metallic mineral mining 

ordinance were derived. The requirements contained in the non-metallic mineral mining 

ordinance reflect current federal emission limits and record keeping requirements as well 

as the requirements in a number of states and localities. In addition, the Fugitive Dust 

Producing Activities ordinance contains standard Reasonable Available Control 

Measures (RACMs) that have been approved in a number of State Implementations Plans 

and air quality control plans from neighboring jurisdictions. In many cases the 

neighboring jurisdictions are requiring the much more restrictive Best Available Control 
Measures (BACMs) to be implemented. These programs have been approved by the U.S. 

Environmental Protection Agency (EPA) and have undergone extensive Economic, Small 

Business and Consumer Impact Analysis as required under the Clean Air Act and 

analogous state and local economic impact analysis requirements. Since the requirements 

contained in the GFUC ordinances have already undergone an extensive economic impact 

analysis by the federal government and other jurisdictions, EPA has determined that an 

additional analysis is unnecessary. 

ARPA also submitted comments specific to the GRIC ordinances which are addressed 

below: 

PART V. Area Source Emission Limits 

Comment: Section 4.0, Unpaved Parking Lots - Is there a list of dust palliatives 

approved by the Department, and can ARPA get a copy of those recommendations? 

Response: The GRIC Department of Environmental Quality will approve dust 

palliatives on a case by case basis, so it is impossible to devise a list that applies 

under all circumstances. Any facility proposing to use a dust palliative as a control 

measure must provide all information concerning the effectiveness of the palliative 

being proposed and the Department will approve or disapprove the specific palliative. 

Comment: Section 5.0, Unpaved Haul Access Road - ARPA requests that "apply 

water" be the primary dust control option in section 5.1. 

Response: The GRIC Air Program will add the following language for clarification 

purposes: "Apply water in sufficient quantities to ensure that particulate matter 

emissions do not exceed twenty (20) percent opacity (at a minimum, applications of 

water must be confirmed utilizing log books on water trucks); or" 

Comment: Section 10.2 (C), Bulk Material Hauling On-Site Within the 

Boundaries of the Work Site Trackout control device - ARPA is unable to locate 

Table 1 (Trackout - 1 J, 25, 35) of this section. 

Response: The last page of the Fugitive Dust Producing Activities ordinance did not 

print when staff were copying the documents for the mass mailing. The electronic 

version of the ordinances that were provided to ARPA and GFUC Sand and Gravel 

Staff contain all of the Table 1 Control Measures including the trackout control 

measures in 1 J through 3 5. 

Comment: 10.5 Open Storage Piles 

10.5(B)l. - Stockpiles are active and routinely change shape or position. They cannot 

be covered. ARPA requests to see a qualifier placed in this language that this option 

was intended for "small piles" as stated in a meeting with GFUC DEQ, rather than 

large working stockpiles that are representative of our industry. 
Response: There are five (5) options under 10.5 (B) for controlling fugitive dust 

fiom open storage piles that are not actively undergoing stacking, loading or 

unloading operations. This includes option 10.5 (B) (3) which requires reasonable 

precautions be taken to ensure fugitive dust emissions don't exceed 20% opacity. 

This is commonly achieved by employing a spray bar on the end of the stacker belt. 

The use of tarps to control dust from stockpiles is one of the five control measures 

that can be employed and tarps are used on occasion at construction sites on relatively 

small stock piles. 

Comment: 10.5(B)2. 

Apply water to maintain a soil moisture content at a minimum of twelve (12) percent 

is unnecessary. According to the revised AP-42 Emission Factors > 1.5% moisture 

content is considered "controlled" material. ARPA requests the addition of 

maintaining a visible crust meets stabilization requirements in this section. 

Response: The option for maintaining 12% moisture content will remain in section 

10.5 (B) but the ordinance will be revised to include the following fifth option in 10.5 

(B)2 : "Maintain a visible crust that complies with the test method in subsection 12.2 

(B) of this section 2.0". 

Comment: 12.1(A) 

ARPA has concerns with the adoption of Maricopa County Appendix C which would 

include test methods that are not currently necessary for compliance with the TIP. 

(i.e. stabilization for open areas other than construction sites). Further, modified 

Method 9 is under litigation and should not be considered in the TIP. 

Response: GRIC received numerous comments from EPA concerning test methods 

for stabilization for open areas and construction sites and has adopted portions of 

Maricopa County Appendix C to address the comments from EPA. The GRIC Air 

Program did not adopt portions of the stabilization requirements in Appendix C that 

were unnecessary and specifically did not adopt the Modified Method 9 procedures. 

Comment: PART VII SourceICategory Specific Emission Limits for Existing 

and New Sources, Subsection 3.1 

Do the opacity standards for specific pieces of equipment in this section only apply to 

new facilities since the numbers come from the New Source Performance Standards? 

Are applicable facilities in operation before 1983 exempt? 

Response: No, in accordance with Section 1.0 of PART VII Source/Category 

Specific Emission Limits for Existing and New Sources, Nonmetallic Mineral Mining 

and Processing Ordinance, the provisions of this section apply to any commercial 

andlor industrial nonmetallic mineral mining andor rock product plant, concrete 

batch plant, hot mix asphalt plant and vermiculite andor perlite processing plant 

operation. Compliance with the provisions of this Section do not relieve any person 

subject to the requirements of this Section from complying with any other standards 
including the New Source Performance Standards in Part I1 (Permit Requirements). 

In such case, the more stringent standard apply. 

Comment: Subsection 7.2 

ARPA members are concerned about the amount of recordkeeping required in this 

section and are not certain of the environmental benefits. In the meeting with GRIC 

DEQ, ARPA members requested GRIC DEQ to consider the idea of "visual surveys" 

with daily checklists and quarterly Method 9's. ARPA is also concerned with the 

amount Smoke School is currently being offered and who will be conducting the 

training in the future. Can GRIC DEQ assist with this? ARPA also has concerns with 

the current compliance schedule, but understands that it is the intention of the GRIC 

DEQ to work with companies to raise awareness regarding TIP requirements and 

compliance assistance. ARPA requests further flexibility, due to control device 

availability, associated costs, administrative and implementation challenges, be 

exercised. 

Response: Operational recordkeeping requirements in the ordinance are designed to 

provide the Department access to data for the purposes of emissions inventory and 

verification of plant capacity and modification. Section 7.2 of the Nonmetallic 

Mineral Mining and Processing Ordinance states that the frequency and locations of 

opacity readings shall be determined on a case by case basis and included in each 

facility permit. The frequency of opacity readings shall be no less that once per 

month and each facility shall provide for a certified opacity observer to conduct 

visible emissions readings. The DEQ feels that monthly opacity readings are 

reasonable and not over burdensome since many neighboring jurisdictions require 

daily visible emissions readings. GRIC does not provide smoke school training. 

However, smoke school training can be acquired through Arizona Department of 

Environmental Quality and through private training companies. 

Comment: AGC would like to request consideration of alternative emission 

controls. This approach will provide benefits to all because it would foster control 

technology innovation by allowing regulated conipanies to develop and implement 

improved control measures that address the specific and unique conditions they face. 

Ths provision was implemented in Pima County and has been found to be an 

effective way to control emissions. By including a provision in Section V of the TIP 

for alternative measures that achieve equivalent or better emissions control, 

contractors are provided the opportunity to demonstrate why a control measure is not 

possible, applicable or effective in a specific situation and to make a showing of an 

equivalent or better alternative that would meet the requirements of the rule. 

Response: We are not sure why the AGC is req~~esting additional provisions for 

alternative emissions controls. Subsection 7.3 (B), Part V already contains provisions 

for requesting alternative control measures that provide the opportunity to 

demonstrate equivalent or better emission controls. 
Comment: AGC also suggests that normal farming practices should have a section 

which states this does not include certain farm practices that create fugitive dust 

emissions greater than 20% opacity. 

Response: Subsection 7.4 (C) exempts normal farming operations from the 

requirement to submit a Dust Control Plan. In addition, subsection 2.1 (C) (3) of Part 

I1 (Permit Requirements) exempts normal farming operations from the requirement to 

obtain a permit. However, agricultural operations currently implement Best 

~ana~ekent Practices (BMPs) such as low tillage operations and planting cover 

crops which are considered sound farming practices that reduce fugitive dust. 

However, contractors conducting initial land clearing operations for new agricultural 

fields are required to obtain an earth moving permit and submit a dust control plan for 

approval by the Department. 

Comment: AGC requests that the GRIC DEQ require only a primary control 

measure be identified for each fugitive dust source in the dust control plan. Requiring 

contingency measures have no effect on emission reduction. If the primary control 

measure is not working, contractors should cease operations until the primary control 

measure becomes the effective means of controlling emissions. 

Response: It is much more practical to have a primary control measure and a 

contingency measure that will allow the permittee flexibility. If a contingency 

measure is not available and the primary control measure fails to control dust (e.g., 

water truck breaks down) all earth moving operations at the site would have to be 

terminated. It is not the intention of the GRIC DEQ to terminate earth moving 

operations every time a water truck breaks down or some other situation arises 

causing the primary control measure to be ineffective. 

Comment: AGC also requests the addition of maintaining a visible crust meets 

stabilization requirements in this section. 

Response: The GRIC DEQ will add the following language at subsection 10.5 (B) 

(2) "Maintain a visible crust that complies wit11 the test method in subsection 12.2 (B) 

of this Part V" 

The GRIC DEQ is committed to working with industry to assist with compliance 

issues.