CALIFORNIA AIR RESOURCES BOARD

SIP COMPLETENESS CHECKLIST

(Electronic Format)

*** TO BE COMPLETED BY DISTRICT AND RETURNED TO ARB ***

All rules submitted to the EPA as State Implementation Plan (SIP) revisions must be supported by certain information and 

documentation for the rule packages to be deemed complete for review by the EPA. Rules will not be evaluated for 

approvability by the EPA unless the submittal packages are complete. To assist you in determining that all necessary 

materials are included in rules packages sent to the ARB for submittal to the EPA, please fill out the following form and 

include it with the rule package you send ARB. See the ARB's Guidelines on the Implementation of the 40 CFR 51, 

Appendix V, for a more detailed explanation than is provided here. Adopted rules and rule amendments should be checked 

against U.S. EPA's Guidance Document for Correcting Common VOC & Other Rule Deficiencies (Little Blue Book, August 

21, 2001) to ensure that they contain no elements which will result in disapproval by EPA.

District: Imperial County APCD

Rule No: 801

Rule Title: Construction and Earthmoving Activities

Date Adopted or Amended: November 8, 2005

ADMINISTRATIVE MATERIALS

Note: All documents should be in electronic format. Items that have signatures, initials, or stamps may be scanned.

Not

Attached Attached N/A

COMPLETE COPY OF THE RULE: Provide an unmarked copy of the entire rule 

as adopted or amended by your District Board.

UNDERLINE AND STRIKEOUT COPY OF THE RULE: If an amended rule, 

provide a complete copy of the rule indicating in underline and strikeout format 

all language which has been added, deleted, or changed since the rule was last 

adopted or amended.

COMPLETE COPY OF THE REFERENCED RULE(S): For any rule which

includes language specifically referencing another rule, a copy of that other rule 

must also be submitted, unless it has already been submitted to EPA as part 

of a previous SIP submittal.

PUBLIC NOTICE EVIDENCE: Include a copy of the local newspaper clipping 

certification(s), stating the date of publication, which must be at least 30 days 

before the hearing. As an alternative, include a copy of the actual published 

notice of the public hearing as it appeared in the local newspaper(s). In this 

case, however, enough of the newspaper page must be included to show the 

date of publication. The notice must specifically identify by title and number 

each rule adopted or amended.

RESOLUTION/MINUTE ORDER: Provide the Board Clerk certified resolution or 

minute order. This document must include certification that the hearing was 

held in accordance with the information in the public notice. It must also list 

the rules that were adopted or amended, the date of the public hearing, and a 

statement of compliance with California Health and Safety Code Sections

40725-40728 (Administrative Procedures Act).

PUBLIC COMMENTS AND RESPONSES: Submit copies of written public 

comments made during the notice period and at the public hearing. Also

submit any written responses prepared by the District staff or presented to the 

District Board at the public hearing. A summary of the public comments and 

responses is adequate. If there were no comments made during the notice 

period or at the hearing, please indicate N/A to the left.
5/1/2002

CALIFORNIA AIR RESOURCES BOARD

SIP COMPLETENESS CHECKLIST

(Electronic Format)

TECHNICAL MATERIALS

Note: All documents and forms should be in electronic format.

Not

Attached Attached N/A

RULE EVALUATION FORM: See instructions for completing the Rule Evaluation 

Form and the accompanying sample form.

NON-EPA TEST METHODS: Attach all test methods that are referenced in your 

rule that do not appear in 40 CFR 51, 60, 61, 63, or have not been previously 

submitted to EPA. EPA methods used in other media such as SW846 for solid 

waste are not automatically approved for air pollution applications. Submittal of 

test methods that are not EPA-approved should include the information and 

follow the procedure described in Region 9’s “Test Method Review & Evaluation 

Process.”

MODELING SUPPORT: Provide if appropriate. In general, modeling support is 

not required for VOC and NOx rules to determine their impacts on ozone levels. 

Modeling is required where a rule is a relaxation that affects large sources (>

100 TPY) in an attainment area for SO2, directly emitted PM10, CO, or NOx 

(for NO2 purposes). In cases where EPA is concerned with the impact on air 

quality of rule revisions which relax limits or cause a shift in emission patterns 

in a nonattainment area, a reference back to the approved SIP will be sufficient 

provided the approved SIP accounts for the relaxation and provided the approved 

SIP used the current EPA modeling guidelines. If current EPA modeling 

guidelines were not used, then new modeling may be required.

ECONOMIC AND TECHNICAL JUSTIFICATION FOR DEVIATIONS FROM EPA 

POLICIES: The District staff report or other information included with the

submittal should discuss all potential relaxations or deviations from RACT, 

RACM, BACT, BACM, enforceability, attainment, RFP, or other relevant EPA 

requirements. This includes, for example, demonstrating that exemptions or 

emission limits less stringent than the presumptive RACT (e.g., a CTG) meet 

EPA’s 5 percent policy, and demonstrating that all source categories exempted 

from a RACM/BACM rule are de minimus according to EPA’s RACM/BACM 

policy.

ADDITIONAL MATERIALS: Provide District staff reports and any other

supporting information concerning development of the rule or rule changes. This 

information should explain the basis for all limits and thresholds contained in 

the rule.
CALIFORNIA AIR RESOURCES BOARD

APCD/AQMD RULE EVALUATION FORM – Page 1

(Electronic Format)

I. GENERAL INFORMATION

District: Imperial County Air Pollution Control District

Rule No(s): Rule 801 Date adopted/Amended/Rescinded: Adopted November 8, 2005

Rule Title(s): Construction and Earthmoving Activities

Date Submitted to ARB: March 30, 2006

If an Amended Rule, Date Last Amended (or Adopted): N/A

Is the Rule Intended to be Sent to the U.S. EPA as a SIP Revision? Yes No (If No, do not complete remainder of form)

District Contact: Reyes Romero Phone Number: (760) 482-4606 E-mail Address: reyesromero@imperialcounty.net

Narrative Summary of New Rule or Rule Changes: New Rule Amended Rule

Rule 801 is one of a series of seven rules which together form Regulation VIII, Fugitive Dust Control. On August 11, 

2004 the Imperial County was redesignated as a "serious"non attainment area for PM10. This rule, as an integral 

part of regulation VIII, was adopted to help fullfill the requirement of Best Available Control Measures (BACM.) Rule 

801 applies to any Construction and other Earthmoving Activities with the potential to generate fugitive dust (PM10.) 

This rule sets 20% opacity and stabilization as primary achievable controls as well as requiring a dust control plan

Pollutant(s) Regulated by the Rule (Check): ROG (NOx) SO2

 (CO) PM TAC (name):

II. EFFECT ON EMISSIONS

Complete this section ONLY for rules that, when implemented, will result in quantifiable changes in emissions. Attach reference(s) for emission 

factor(s) and other information. Attach calculation sheet showing how the emission information provided below was determined.

Net Effect on Emissions: Increase Decrease N/A

Emission Reduction Commitment in SIP for this Source Category: 0.23 tons/day

Inventory Year Used to Calculate Changes in Emissions: 2004 Area Affected: ICAPCD

Future Year Control Profile Estimate (Provide information on as many years as possible):

Rule 801 applies to any construction or other earth moving activities. Only construction at existing single family homes is 

exempt, so the rule applies to all new construction emissions. Rule 801 upgrades the RACM controls in previous Rule 800 

to BACM controls consisten with requirements in other serious non-attinment areas. Emissions estimates for construction 

already include the effects of basic RACM controls, such as watering. BACM upgrades requires additional watering and/or 

stabilizing during and after construction activities. Such BACM upgrades provide an additional control efficiency of 

approximately 12%, mostly from additional water and/or stabilizing during and after construction or other earthmoving 

activities. 
CALIFORNIA AIR RESOURCES BOARD

APCD/AQMD RULE EVALUATION FORM - Page 2

(Electronic Format)

Baseline Inventory in the SIP for the Control Measure: 1.91 tons/day

Emissions Reduction Commitment in the SIP for the Control Measure: 0.23 tons/day

Revised Baseline Inventory (if any): N/A

Revised Emission Reduction Estimate (if developed): N/A

Note that the district’s input to the Rule Evaluation Form will not be used as input to the ARB’s emission forecasting and 

planning.

III. SOURCES/ATTAINMENT STATUS

District is: Attainment Nonattainment Split

Approximate Total Number of Small (<100 TPY) Sources Affected by this Amendment: Area Source

Percent in Nonattainment Area: 100%

Number of Large (> 100 TPY) Sources Controlled: None Percent in Nonattainment Area: N/A%

Name(s) and Location(s) (city and county) of Large (> 100 TPY) Sources Controlled by Rule (Attach additional sheets as 

necessary): N/A

IV. EMISSION REDUCTION TECHNOLOGY

Does the Rule Include Emission Limits that are Continuous? Yes No

If Yes, Those Limits are in Section(s) E of the Rule.

Other Methods in the Rule for Achieving Emission Reductions are: Dust Control Plan, Stabilization

V. OTHER REQUIREMENTS

The Rule Contains:

Emission Limits in Section(s): E Work Practice Standards in Section(s): 

Recordkeeping Requirements in Section(s): G Reporting Requirements in Section(s): G
5/1/2002

CALIFORNIA AIR RESOURCES BOARD

APCD/AQMD RULE EVALUATION FORM - Page 3

(Electronic Format)

VI. IMPACT ON AIR QUALITY PLAN

 No Impact Impacts RFP Impacts attainment

Discussion: Rule 801 is expected to resut in emissions reduction of 0.23 tons/day of PM10. This reduction will help 

Imperial County to achieve attainment of PM10 standard.
Imperial County Air Pollution Control District DRAFT Rule 801

October 7, 2005

1

RULE 801. CONSTRUCTION AND EARTHMOVING ACTIVITIES

(Adopted -------------)

A. Purpose

The purpose of this rule is to reduce the amount of fine Particulate Matter (PM-10) 

entrained in the ambient air as a result of emissions generated from Construction and 

other Earthmoving Activities by requiring actions to prevent, reduce, or mitigate PM-10 

emissions.

B. Applicability

This rule applies to any Construction and other Earthmoving Activities, including, but not 

limited to, land clearing, excavation related to construction, land leveling, grading, cut 

and fill grading, erection or demolition of any structure, cutting and filling, trenching, 

loading or unloading of bulk materials, demolishing, drilling, adding to or removing bulk 

of materials from open storage piles, weed abatement through disking, back filling, travel 

on-site and travel on access roads to and from the site. 

C. Definitions

The definitions of terms found in Rule 800 (General Requirements for Control of Fine

Particulate Matter (PM-10) shall apply to this rule.

D. Exemptions

In addition to the exemptions listed in Rule 800, Section E, the following exemptions are 

established for this rule:

D.1 Construction or demolition at existing single family residential dwellings.

D.2 The 20% opacity limit of Sections E.1.a and E.2.b shall not apply when Wind 

Gusts exceed 25 miles per hour, provided that at least one of the following control 

measures is implemented for each applicable Fugitive Dust source type:

D.2.a Cease dust generating activities for a period of one hour after Wind Gusts 

last exceed the threshold. If operations cease for the remainder of the day, 

stabilization measures must be implemented.

D.2.b Apply water or dust Suppressants once per hour.

D.2.c Apply water to maintain 12% soil moisture content.

D.2.d Construct fences 3-5 feet high with 50% or less porosity, and must be 
Imperial County Air Pollution Control District DRAFT Rule 801

October 7, 2005

2

done in conjunction with another measure, as above.

E. Requirements

E.1 Construction sites and Earthmoving Activities:

E.1.a All Persons who own or operate a Construction site shall comply with the 

requirements of Section F.1 so as to limit VDE to 20% opacity and 

comply with the conditions for a Stabilized Surface when applicable.

E.1.b. All Persons who perform any Earthmoving Activities shall comply with 

the requirements of Section F.1 so as to limit VDE to 20% opacity.

E.1.c All Persons who own or operate a Construction site of 10 acres or more in 

size for residential developments or 5 acres or more for non-residential 

developments shall develop a dust control plan. The dust control plan shall 

be made available to the APCD upon request. The dust control plan shall 

comply with the requirements of Section F. 

E.1.d The owner or operator required to develop a dust control plan shall 

provide written notification to the APCD within 10 days prior to the 

commencement of any Construction activities via fax or mail. The

requirement to develop a dust control plan shall apply to all such activities 

conducted for residential and non-residential (e.g., commercial, industrial, 

or institutional) purposes or conducted by any governmental entity. 

Regardless of whether a dust control plan is in place or not the owner or 

operator is still subject to comply with all requirements of the applicable 

rules under Regulation VIII at all times. 

F. Best Available Control Measures for Fugitive Dust (PM-10)

F.1 Construction and Earthmoving Activities shall comply with the following

requirements:

F.1.a Pre-Activity:

F.1.a.1 Pre-water site sufficient to limit VDE to 20% opacity, and

F.1.a.2 Phase work to minimize the amount of disturbed surface area at 

any one time.

F.1.b During Active Operations:

F.1.b.1 Apply water or Chemical Stabilization as directed by product

manufacturer to limit VDE to 20% opacity, or
Imperial County Air Pollution Control District DRAFT Rule 801

October 7, 2005

3

F.1.b.2 Construct and maintain wind barriers sufficient to limit VDE to 

20% opacity. If utilizing wind barriers, control measure F.1.b.1 

above shall be implemented.

F.1.b.3 Apply water or Chemical Stabilization as directed by product 

manufacturer to unpaved haul/access roads and Unpaved Traffic 

Areas sufficient to limit VDE to 20% opacity and meet the

conditions of a Stabilized Unpaved Road.

F.1.c Temporary Stabilization During Periods of Inactivity:

F.1.c.1 Restrict vehicular access to the area by fencing or signage ; and

F.1.c.2 Apply water or Chemical Stabilization, as directed by product 

manufacturer, sufficient to comply with the conditions of a

Stabilized Surface. If an area having 0.5 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.

F.1.d Track Out/Carry Out of Bulk Materials at the site shall be mitigated in 

compliance with Rule 803.

F.1.e Unpaved Roads at the site shall comply with Rule 805.

F.1.f Bulk Material handling operations at the site shall comply with Rule 802.

F1.g Material transport of Bulk Material to, from, or around the site shall 

comply with Rule 802.

F.1.h Haul trucks transporting Bulk Material to, from, or around the site shall 

comply with Rule 802.

F.2 Dust Control Plan:

F.2.a Retain a copy of the dust control plan at the project site.

F.2.b Comply with the requirements of the approved dust control plan.

F.2.c A dust control plan shall contain all of the following information:

1. Name, address, and phone number of the Person responsible for the 

preparation, submittal, and implementation of the dust control plan and 

responsible for the project site.
Imperial County Air Pollution Control District DRAFT Rule 801

October 7, 2005

4

2. A plot plan which shows the type and location of each project.

3. The total area of land surface to be disturbed, estimated daily 

throughput volume of earthmoving in cubic yards, and total area in 

acres of the entire project site.

4. The expected start and completion dates of dust generating and soil 

disturbance activities to be performed on the site.

5. 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 Track Out/Carry Out 

may occur, and Unpaved Traffic Areas.

6. 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.

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

control Track Out/Carry Out, and sedimentation where unpaved and/or 

access points join paved public access roads.

8. The dust control plan should describe all Fugitive Dust control

measures to be implemented before, during, and after any dust

generating activity.

G. Record of Control Implementation

Any Person subject to the requirements of this rule shall compile and retain records that 

provide evidence of control measure application (i.e., receipts and/or purchase records). 

Such Person shall describe, in the records, the type of treatment or control measure, 

extent of coverage, and date applied. For control measures which require multiple daily 

applications, recording the frequency of application will fulfill the recordkeeping

requirements of this rule (i.e., water being applied three times a day and the date) Records 

shall be maintained and be readily accessible for two years after the date of each entry 

and shall be provided to the APCD upon request.

H. Violations

Failure to comply with any provisions of this rule shall constitute a violation of

Regulation VIII. 
Imperial County Air Pollution Control District Rule 801

801-1

RULE 801. CONSTRUCTION AND EARTHMOVING ACTIVITIES

(Adopted 11/08/2005)

A. Purpose

The purpose of this rule is to reduce the amount of fine Particulate Matter (PM-10) 

entrained in the ambient air as a result of emissions generated from Construction and 

other Earthmoving Activities by requiring actions to prevent, reduce, or mitigate PM-10 

emissions.

B. Applicability

This rule applies to any Construction and other Earthmoving Activities, including, but not 

limited to, land clearing, excavation related to construction, land leveling, grading, cut 

and fill grading, erection or demolition of any structure, cutting and filling, trenching, 

loading or unloading of bulk materials, demolishing, drilling, adding to or removing bulk 

of materials from open storage piles, weed abatement through disking, back filling, travel 

on-site and travel on access roads to and from the site. 

C. Definitions

The definitions of terms found in Rule 800 (General Requirements for Control of Fine

Particulate Matter (PM-10) shall apply to this rule.

D. Exemptions

In addition to the exemptions listed in Rule 800, Section E, the following exemptions are 

established for this rule:

D.1 Construction or demolition at existing single family residential dwellings.

D.2 The 20% opacity limit of Sections E.1.a and E.2.b shall not apply when Wind 

Gusts exceed 25 miles per hour, provided that at least one of the following control 

measures is implemented for each applicable Fugitive Dust source type:

D.2.a Cease dust generating activities for a period of one hour after Wind Gusts 

last exceed the threshold. If operations cease for the remainder of the day, 

stabilization measures must be implemented.

D.2.b Apply water or dust Suppressants once per hour.

D.2.c Apply water to maintain 12% soil moisture content.

D.2.d Construct fences 3-5 feet high with 50% or less porosity, and must be 

done in conjunction with another measure, as above.
Imperial County Air Pollution Control District Rule 801

801-2

E. Requirements

E.1 Construction sites and Earthmoving Activities:

E.1.a All Persons who own or operate a Construction site shall comply with the 

requirements of Section F.1 so as to limit VDE to 20% opacity and 

comply with the conditions for a Stabilized Surface when applicable.

E.1.b. All Persons who perform any Earthmoving Activities shall comply with 

the requirements of Section F.1 so as to limit VDE to 20% opacity. 

E.1.c All Persons who own or operate a Construction site of 10 acres or more in 

size for residential developments or 5 acres or more for non-residential 

developments shall develop a dust control plan. The dust control plan shall 

be made available to the APCD upon request. The dust control plan shall 

comply with the requirements of Section F. 

E.1.d The owner or operator required to develop a dust control plan shall 

provide written notification to the APCD within 10 days prior to the 

commencement of any Construction activities via fax or mail. The

requirement to develop a dust control plan shall apply to all such activities 

conducted for residential and non-residential (e.g., commercial, industrial, 

or institutional) purposes or conducted by any governmental entity. 

Regardless of whether a dust control plan is in place or not the owner or 

operator is still subject to comply with all requirements of the applicable 

rules under Regulation VIII at all times. 

F. Best Available Control Measures for Fugitive Dust (PM-10)

F.1 Construction and Earthmoving Activities shall comply with the following

requirements:

F.1.a Pre-Activity:

F.1.a.1 Pre-water site sufficient to limit VDE to 20% opacity, and

F.1.a.2 Phase work to minimize the amount of disturbed surface area at 

any one time.

F.1.b During Active Operations:

F.1.b.1 Apply water or Chemical Stabilization as directed by product 

manufacturer to limit VDE to 20% opacity, or

F.1.b.2 Construct and maintain wind barriers sufficient to limit VDE to 

20% opacity. If utilizing wind barriers, control measure F.1.b.1 
Imperial County Air Pollution Control District Rule 801

801-3

above shall be implemented.

F.1.b.3 Apply water or Chemical Stabilization as directed by product 

manufacturer to unpaved haul/access roads and Unpaved Traffic 

Areas sufficient to limit VDE to 20% opacity and meet the

conditions of a Stabilized Unpaved Road.

F.1.c Temporary Stabilization During Periods of Inactivity:

F.1.c.1 Restrict vehicular access to the area by fencing or signage ; and

F.1.c.2 Apply water or Chemical Stabilization, as directed by product 

manufacturer, sufficient to comply with the conditions of a

Stabilized Surface. If an area having 0.5 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.

F.1.d Track Out/Carry Out of Bulk Materials at the site shall be mitigated in 

compliance with Rule 803.

F.1.e Unpaved Roads and Unpaved Traffic Areas at the site shall comply with 

Rule 805.

F.1.f Bulk Material handling operations at the site shall comply with Rule 802.

F1.g Material transport of Bulk Material to, from, or around the site shall 

comply with Rule 802.

F.1.h Haul trucks transporting Bulk Material to, from, or around the site shall 

comply with Rule 802.

F.2 Dust Control Plan:

F.2.a Retain a copy of the dust control plan at the project site.

F.2.b Comply with the requirements of the approved dust control plan.

F.2.c A dust control plan shall contain all of the following information:

1. Name, address, and phone number of the Person responsible for the 

preparation, submittal, and implementation of the dust control plan and 

responsible for the project site.

2. A plot plan which shows the type and location of each project.

3. The total area of land surface to be disturbed, estimated daily 
Imperial County Air Pollution Control District Rule 801

801-4

throughput volume of earthmoving in cubic yards, and total area in 

acres of the entire project site.

4. The expected start and completion dates of dust generating and soil 

disturbance activities to be performed on the site.

5. 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 Track Out/Carry Out 

may occur, and Unpaved Traffic Areas.

6. 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.

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

control Track Out/Carry Out, and sedimentation where unpaved and/or 

access points join paved public access roads.

8. The dust control plan should describe all Fugitive Dust control

measures to be implemented before, during, and after any dust

generating activity.

G. Record of Control Implementation

Any Person subject to the requirements of this rule shall compile and retain records that 

provide evidence of control measure application (i.e., receipts and/or purchase records). 

Such Person shall describe, in the records, the type of treatment or control measure, 

extent of coverage, and date applied. For control measures which require multiple daily 

applications, recording the frequency of application will fulfill the recordkeeping

requirements of this rule (i.e., water being applied three times a day and the date) Records 

shall be maintained and be readily accessible for two years after the date of each entry 

and shall be provided to the APCD upon request.

H. Violations

Failure to comply with any provisions of this rule shall constitute a violation of

Regulation VIII. 
rule in 2.txt

Subject: Regulation VIII SIP Submittal Rule 801

Date: Thu, 30 Mar 2006 17:16:09 -0800

From: Monica Soucier <monicasoucier@imperialcounty.net>

To: David Brown <dabrown@arb.ca.gov>

Dave,

Rule 801 attached

Monica N. Soucier

APCD Specialist

150 S 9th Street

El Centro, CA 92243

(760) 482-2074 or (760) 482-4606

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 Type: Zip Compressed Data

 Rule 801 SIP Submittal.zip (application/x-zip-compressed)

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