SAN JOAQUIN VALLEY UNIFIED AIR POLLLUTION CONTROL DISTRICT

RULE 8061 - PAVED AND UNPAVED ROADS

(Adopted November 15, 2001; Amended August 19, 2004)

1.0 Purpose

The purpose of this rule is to limit fugitive dust emissions from paved and unpaved roads

by implementing control measures and design criteria.

2.0 Applicability

This rule applies to any new or existing public or private paved or unpaved road, road

construction project, or road modification project. The provisions of this rule adopted on

November 15, 2001 shall remain in effect until October 1, 2004 at which time the

amendments adopted on August 19, 2004 shall take effect.

3.0 Definitions

The definitions of terms in Rule 8011 (General Requirements) shall apply to this rule.

4.0 Exemptions

In addition to the exemptions established in Rule 8011, the following exemptions are

established for this Rule:

4.1 Any unpaved road segment with less than 26 annual average daily vehicle trips

(AADT).

4.1.1 This exemption shall not apply to Section 5.2.3 of this rule.

4.1.2 An owner/operator of any unpaved road segment with 26 or more AADT

must provide estimated or actual vehicle trip data to the APCO by July 1,

2005.

4.2 Maintenance and resurfacing of existing paved roads does not apply to section 5.2

of this rule.

4.3 Agricultural sources subject to, or specifically exempt from, Rule 8081

(Agricultural Sources)

4.4 Emergency activities performed to ensure public health and safety as specified in

Rule 8011, section 4.1.

4.5 Equipment used to remove debris beyond the capabilities of PM10-efficient street

sweepers.
5.0 Requirements

In addition to the requirements of this rule, a person shall comply with all other

applicable requirements of Regulation VIII.

5.1 Paved Roads

5.1.1 New or Modified Paved Roads:

5.1.1.1 An owner/operator having jurisdiction over, or ownership of,

public or private paved roads shall construct, or require to be

constructed, all new or modified paved roads in conformance

with the American Association of State Highway and

Transportation Officials (AASHTO) guidelines for width of

shoulders and for median shoulders as specified in section

5.1.1.2 of this rule as specified below:

5.1.1.1.1 New paved roads or modifications to existing paved

roads with projected annual average daily vehicle

trips of 500 vehicles or more shall be constructed with

paved shoulders that meet following widths:

Annual Average Daily

Vehicle Trips (AADT)

Minimum Paved or Stabilized

Shoulder Width

500-3000 4 feet or limit of right-of-way,

whichever is the lesser

Greater than 3000 8 feet or limit of right-of-way,

whichever is the lesser

5.1.1.1.2 A curbing adjacent to and contiguous with the travel

lane or paved shoulder of a road may be constructed,

in lieu of meeting the paved shoulder width standard

in Section 5.1.1.1.1

5.1.1.1.3 Intersections, auxiliary entry lanes, and auxiliary exit

lanes may be constructed adjacent to and contiguous

with the roadway, in lieu of meeting the paved

shoulder width standard in Section 5.1.1.1.1

5.1.1.1.4 Where the requirements specified in Section 5.1.1.1.1

are shown to conflict with the requirements of the

California Environmental Quality Act (CEQA) and

National Environmental Policy Act (NEPA) with

respect to determinations regarding environmental,
cultural, archaeological, historical, or other

considerations addressed in such documents, an

owner/operator is exempt from the paved shoulder

width requirements specified in Section 5.1.1.1.1 of

this rule.

5.1.1.2 Whenever any paved road which has projected annual average

daily vehicle trips of 500 or more is constructed, or modified

with medians, the medians shall be constructed in conformance

with the AASHTO guidelines for width of median shoulders,

with paved shoulders having a minimum width of four feet

adjacent to the traffic lanes unless:

5.1.1.2.1 The medians of roads having speed limits set at or

below 45 miles per hour are constructed with curbing;

or

5.1.1.2.2 The medians are landscaped and maintained with grass

or other vegetative ground cover or chemical/organic

dust suppressants/stabilizers to comply with the

definition of stabilized surface in Rule 8011.

5.1.2 PM10-Efficient Street Sweepers:

Each city, county, or state agency with primary responsibility for any

existing paved road within an urban area shall take the following actions:

5.1.2.1 Effective July 1, 2005, all purchases of street sweeper equipment

by such agency or their contractor(s) shall be only PM10-efficient

street sweepers.

5.1.2.2 The utilization of PM10-efficient street sweepers by an agency or

its contractor(s) shall be prioritized for use on routine street

sweeper route(s) with paved curbs which have been determined by

an agency to have the greatest actual or potential for dirt and silt

loadings.

5.1.2.3 Any agency which conducts or contracts for routine street

sweeping activities or services shall purchase, or require their

contractor(s) to purchase and place into service, at least one

PM10-efficient street sweeper not later than July 1, 2008.

5.1.2.4 Any street sweeping routes with paved curbs covered by PM10-

efficient street sweepers pursuant to Section 5.1.2.2 shall conduct

routine street sweeping operations over such routes at a frequency

of not less than once per month.
5.1.2.5 All PM10-efficient street sweepers shall be operated and

maintained according to manufacturer specifications.

5.1.2.6 If the provisions of Sections 5.1.2.1 or 5.1.2.3 cannot be met due

to budgetary constraints, the agency may submit a statement of

financial hardship to, and approved by, the APCO and US EPA.

5.1.3 Post-Event Clean-Up

Each city, county, or state agency with primary responsibility for any

existing paved road shall take the following actions upon discovery by the

city, county or state agency of accumulations of mud/dirt [event material]

of at least 1 inch thickness over an area of at least 50 square feet on road

surface travel lanes as a result of wind/storm/water erosion and runoff:

5.1.3.1 Within 24 hours of discovery by the city, county or state agency of

such condition, remove the mud/dirt from the travel lanes or

restrict vehicles from traveling over said mud/dirt until such time

as the material can be removed from the travel lanes.

5.1.3.2 Follow dust minimizing practices during the removal of such

mud/dirt from the travel lanes.

5.1.3.3 In the event unsafe travel conditions would result from restricting

vehicle traffic pursuant to Section 5.1.3.1, and removal of such

material is not possible within 72 hours due to weekend or holiday

conditions, the provisions of Section 5.1.3.1 can be extended upon

notification to and approval by the APCO.

5.1.3.4 As soon a practicable, removal of mud/dirt from paved shoulders

should also occur through the use of dust minimizing practices.

5.2 Unpaved Road Segment

5.2.1. On any unpaved road segment with 26 or more AADT, the owner/operator

shall limit VDE to 20% opacity and comply with the requirements of a

stabilized unpaved road by application and/or re-application/maintenance

of at least one of the following control measures, or shall implement an

APCO-approved Fugitive PM10 Management Plan as specified in Rule

8011 (General Requirements):

5.2.1.1 Watering;

5.2.1.2 Uniform layer of washed gravel;
5.2.1.3 Chemical/organic dust stabilizers/suppressants in accordance

with the manufacturer’s specifications;

5.2.1.4 Roadmix;

5.2.1.5 Paving;

5.2.1.6 Any other method that can be demonstrated to the satisfaction of

the APCO that effectively limits VDE to 20% opacity and meets

the conditions of a stabilized unpaved road.

5.2.2 Within an urban area, the construction of any new unpaved road is

prohibited unless the road meets the definition of a temporary unpaved

road as specified in section 3.60 of Rule 8011.

5.2.3 Requirements for Existing Unpaved Public Roads in Urban and Rural

Areas:

5.2.3.1 Each city, county, or state agency with primary responsibility for

any existing unpaved road within urban and rural areas shall take

the following actions:

5.2.3.1.1 By January 1, 2005 provide the District with a list of all

unpaved roads under its jurisdiction in any urban

area(s), including data on length of, and AADT on,

each unpaved road segment.

5.2.3.1.2 By July 1, 2005 provide the District with a list of all

unpaved roads under its jurisdiction in any rural area,

including data on length of, and AADT on, each

unpaved road segment.

5.2.3.1.3 By January 1, 2010, pave an average of 20% annually

of all unpaved roads identified in Section 5.2.3.1.1 up

to a maximum of 5 cumulative miles within any one

urban area, with priority given to roads with the highest

AADT levels. In meeting this requirement, each

jurisdiction must show incremental progress.

5.2.3.1.4 By April 1 of each year, 2006 through 2010, submit to

the District the total number of unpaved road miles

which were paved during the previous calendar year,

and the percentage of cumulative miles paved relative

to the list provided pursuant to Section 5.2.3.1.1.
5.2.3.1.5 If the provisions of Section 5.2.3.1.3 cannot be met due

to budgetary constraints, the agency may submit a

statement of financial hardship to, and approved by, the

APCO and US EPA.

5.2.4 Requirements for Existing Paved Public Roads with Unpaved Shoulders in

Urban and Rural Areas:

5.2.4.1 Each city, county, or state agency with primary responsibility for

any existing paved public road with unpaved shoulders in urban

and rural areas shall take the following actions:

5.2.4.1.1 By January 1, 2005 provide the District with a list of all

paved public roads with unpaved shoulders in any

urban and rural area, including data on length of, and

AADT on, each segment of paved public road with

unpaved shoulders.

5.2.4.1.2 In Urban areas, by January 1, 2010, pave or stabilize 4-

foot shoulders on 50% of existing paved public roads

with the highest AADT in urban areas identified in

Section 5.2.4.1.1. In meeting this requirement, each

jurisdiction must show incremental progress.

5.2.4.1.3 In Rural areas, by January 1, 2010, pave or stabilize 4-

foot shoulders on 25% of existing paved public roads

with the highest AADT in rural areas identified in

Section 5.2.4.1.1. In meeting this requirement, each

jurisdiction must show incremental progress.

5.2.4.1.4 If the provisions of Sections 5.2.4.1.2 or 5.2.4.1.3

cannot be met due to budgetary constraints, the agency

may submit a statement of financial hardship to, and

approved by, the APCO and US EPA.

5.2.5 Requirements for Establishing and Posting Maximum Speed Limits on

Unpaved Roads

Each owner/operator shall establish a maximum speed limit of 25 mph on

each unpaved road with 26 AADT or more and shall post speed limit

signs, one in each direction, per mile of road segment in urban areas, and

per two miles of road segment in rural areas. This provision shall become

effective one year from the date of adoption of this rule amendment.
6.0 Administrative Requirements

6.1 Test Methods

The applicable test methods specified in Rule 8011 shall be used to determine

compliance with this rule.

6.2 Recordkeeping and Reporting

In addition to complying with the recordkeeping requirements specified in Rule

8011 and Sections 5.2.3 and 5.2.4 of this rule, city, county and state agencies

responsible for the maintenance and operation of public paved and unpaved roads,

shall prepare and submit a written report to the District documenting compliance

with the provisions of this rule. This report shall be prepared for the years 2003

and 2004, and no less frequently than each two (2) year period thereafter. The

reports shall be transmitted to the District no later than 90 days after the end of the

calendar year and shall include:

6.2.1 The total miles of paved and unpaved roads under the jurisdiction of the

owner or agency and the miles of roads constructed or modified during the

reporting period subject to the requirements of this regulation.

6.2.2 For newly constructed or modified roads, a summary of actions taken

during the reporting period to prevent or mitigate PM10 emissions, with

miles specified for each type of control measure used to reduce PM10

emissions.

6.2.3 For all roads under the agency’s jurisdiction, a summary of actions taken

to reduce PM10 emissions from roads during the reporting period. The

total miles of roads for which these procedures were enforced and the

estimated traffic volume on the affected roads shall be provided.

6.2.4 Other information that may be needed by the APCO for compliance with

the United States Environmental Protection Agency’s requirements.