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: 804

Rule Title: Open Areas

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 804 Date adopted/Amended/Rescinded: Adopted November 8, 2005

Rule Title(s): Open Areas

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 804 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 

804 applies to any open areas having .5 acres or more within urban areas, or 3.0 acres or more within rural areas.

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: 1.14 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 804 applies to non-agricultural rural open areas more than 3 acres (rural) or 0.5 (urban). Review of Imperial County 

parcel data indicates that over 99.5 percent of parcels are greater than 3 acres in size. It is assumed that most distrubed 

land will occur relatively near the urban areas, which represent 1.5 percent of Imperial County. Assuming that up to 2/3 of 

that area could be distrubed, the applicability is estimated to be 1 percent or less. The composite factor is estimated to be 

70 percent, based on control efficiencies cited in San Joaquin Valley's 2003 PM10 SIP. 
CALIFORNIA AIR RESOURCES BOARD

APCD/AQMD RULE EVALUATION FORM - Page 2

(Electronic Format)

Baseline Inventory in the SIP for the Control Measure: 163.36 tons/day

Emissions Reduction Commitment in the SIP for the Control Measure: 1.14 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 Sources

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: N/A

V. OTHER REQUIREMENTS

The Rule Contains:

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

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 804 is expected to resut in emissions reduction of 1.14 tons/day of PM10. This reduction will help 

Imperial County to achieve attainment of PM10 standard.
Imperial County Air Pollution Control District DRAFT Rule 804

October 7, 2005

1

RULE 804. OPEN AREAS

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

A. Purpose

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

entrained in the ambient air as a result of emissions generated from Open Areas by 

requiring actions to prevent, reduce, or mitigate PM-10 emissions.

B. Applicability

This rule shall apply to any open area having 0.5 acres or more within urban areas, or 3.0 

acres or more within rural areas; and contains at least 1000 square feet of disturbed 

surface area.

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 Agricultural Operation Sites defined in and subject to Rule 806, Conservation 

Management Practices.

E. Requirements

E.1 Open Areas: all Persons who own or otherwise have jurisdiction over an Open 

Area shall comply with one or more of the requirements of Section F.1 to comply 

with the conditions of a Stabilized Surface at all times so as to limit VDE to 20% 

opacity.

E.2 Vehicle use in Open Areas: within 30 days following initial discovery of evidence 

of trespass, a Person who owns or otherwise has jurisdiction over an Open Area

shall prevent unauthorized vehicle access by posting "No Trespassing" signs or 

installing physical barriers such as fences, gates, posts, and/or appropriate barriers 

to effectively prevent access to the area.

F. Best Available Control Measures for Fugitive Dust (PM-10)
Imperial County Air Pollution Control District DRAFT Rule 804

October 7, 2005

2

F.1 OPEN AREAS

F.1.a Apply and maintain water or dust suppressant(s) to all unvegetated areas.

F.1.b Establish vegetation on all previously disturbed areas.

F.1.c Pave, apply and maintain Gravel, or apply and maintain Chemical

Stabilizers/Suppressants.

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 804

804-1

RULE 804 OPEN AREAS

(Adopted 11/08/2005)

A. Purpose

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

entrained in the ambient air as a result of emissions generated from Open Areas by 

requiring actions to prevent, reduce, or mitigate PM-10 emissions.

B. Applicability

This rule shall apply to any open area having 0.5 acres or more within urban areas, or 3.0 

acres or more within rural areas; and contains at least 1000 square feet of disturbed 

surface area.

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 Agricultural Operation Sites defined in and subject to Rule 806, Conservation 

Management Practices.

E. Requirements

E.1 Open Areas: all Persons who own or otherwise have jurisdiction over an Open 

Area shall comply with one or more of the requirements of Section F.1 to comply 

with the conditions of a Stabilized Surface at all times and limit VDE to 20% 

opacity.

E.2 Vehicle use in Open Areas: within 30 days following initial discovery of evidence 

of trespass, a Person who owns or otherwise has jurisdiction over an Open Area

shall prevent unauthorized vehicle access by posting "No Trespassing" signs or 

installing physical barriers such as fences, gates, posts, and/or appropriate barriers 

to effectively prevent access to the area. 

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

F.1 OPEN AREAS

F.1.a Apply and maintain water or dust suppressant(s) to all unvegetated areas.
Imperial County Air Pollution Control District Rule 804

804-2

F.1.b Establish vegetation on all previously disturbed areas.

F.1.c Pave, apply and maintain Gravel, or apply and maintain Chemical

Stabilizers/Suppressants.

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 5.txt

Subject: Regulation VIII Rule 804

Date: Thu, 30 Mar 2006 17:17:52 -0800

From: Monica Soucier <monicasoucier@imperialcounty.net>

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

Rule 804

Monica N. Soucier

APCD Specialist

150 S 9th Street

El Centro, CA 92243

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

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