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 an d

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 res ult in disapproval by EPA.

District: Imperial County APCD

Rule No: 80 1

Rule Title: Construction and Earthmoving Activities

Date Adopted or Amended: November 8, 2005

ADMINISTRATIVE MATERIALS

N ote: 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 strikeo ut 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 specificall y 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 newspa per(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 adop ted 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 RESPONSE S: 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 comme nts 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 do cuments 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 s uch 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 & Evaluatio n

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 ru le 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 s hift 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 modelin g 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.

A DDITIONAL 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 80 1 Date adopted/Amended/Rescinde d: 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 Int ended 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 80 1 is one of a series of seven rules which together form Regulation VIII, Fugitive D ust 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.) Ru le

80 1 applies to any Construction and other Earthmoving Activities with the po tential 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) Re gulated by the Rule (Check): ROG (NOx) SO2

(CO) PM TAC (name):

II. EFFECT ON EMISSIONS

Complete this section ON LY 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 Eff ect 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 Emission s: 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 constructi on 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 est imates 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 efficie ncy 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: Du st 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): G5/1/2002 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 attainm ent of PM10 standard.Imperial County Air Pollution Control District DRAFT Rule 801

October 7 , 2005

1 RULE 80 1

. 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 C onstruction and

other E arthmoving A ctivities by requiring actions to prevent, reduce, or mitigate PM

- 10

emissions.

B

. Applicability

This rule applies to any C onstruction and other E arthmoving A ctivities , including, but not

limited to

, land clearing, excavation relat ed 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 b ulk

of m aterials from open stor age piles, weed abatement through disking, back filling, travel

on

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

.

C. Definitions

The definition

s 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 r ule:

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

.

D.2 The 20% opaci

ty limit of Sections E.1.a and E.2.b shall not apply when W ind

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

measures is implemented for each applicable F ugitive D ust source type :

D.2.a Cease dus t generating activit ies for a period of one hour after W ind G usts

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 S uppressants once per hour.

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

D.2.d Construct fences 3

- 5 feet high with 50% or less porosity, and must beImperial 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 s ites and E arthmoving A ctivities :

E

. 1

. a All Persons who ow n or operate a C onstruction s ite shall comply wi th the

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

comply with the conditions for a S tabilized S urface when applicable

.

E

. 1 .b. All Persons who perform any E arthmoving A ctivities shall comply with

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

E.1 .c All Persons wh

o own or operate a Construction s ite of 10 acres or more in

size for residential developments or 5 acres or more for non

- residential

development s shall de velop a dust c ontrol p lan. The dust c ontrol p lan shall

be made ava ilable to the APCD upon request. The d ust c ontrol p lan shall

comply with the requirements of Section F.

E.1.d The owner or operator required to develop a dust c ontrol p lan shall

provid e written notification to the APCD within 10 days prior to the

commencement of any C onstruction activities via fax or mail. The

requirement to develop a d ust c ontrol p lan shall apply to all such activities

conducted for residential and non

- residential (e.g. , commercial, industrial,

or institutional) purposes or conducted by any governmental en tity.

Regardless of whether a d ust c ontrol p lan 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 C onstruction and E arthmoving Activities shall c omply with the f ollowing

r equirements :

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% o pacity, orImperial 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

ma nufacturer to u npaved haul/access roads and U npaved T raffic

A reas sufficient to limit VDE to 20% opacity and meet the

conditions of a S tabilized U npaved R oad.

F

. 1 .c Temporary Stabilization During Periods of Inactivity:

F

. 1 .c.1 Restrict vehicular acc ess 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

S tabilized S urface. If an area having 0.5 acres or more of

disturbed surface a

rea remains unused for seven or more days, the

area must co mply with the conditions for a S tabilized S urface area.

F

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

compliance with Rule 803.

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

F .1 .f Bulk Material h

andling operations at the site shall comply with Rule 802

.

F 1 .g Material t

ransport of Bulk Material to, from, or around the site shall

comply with Rule 802.

F .1 .h Haul t

rucks transporting Bulk Ma terial 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 c ontrol p lan at the project site

.

F.2.b Comply with the requirements of the approved d ust c ontrol p lan.

F.2.c A d ust c ontrol p lan 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 d ust c ontrol p lan 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 completio n dates of dust generating and soil

disturbance activities to be performed on the site.

5. The actual and potential sources of F ugi tive D ust emissions on the site

and the location of B ulk M aterial handling and storage areas, P aved

and U npaved R

oads, en trances and exits where Track Out/Carry Out

may occur, and Unpaved Traf fic A reas.

6. Dust S uppressants 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/Ca rry Out, and sedimentation where unpaved and/or

access points join paved public access roads.

8. The d ust c ontrol p lan should describe all F ugitive D ust control

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

generating activity.

G. Record of Control Implementation

Any P erson 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 P erson shall describe, in the records, the typ e 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 appl ied 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 r ule shall c onstitute a violation of

Regulation

VIII

.Imperial County Air Pollution Control District Rule 801

801

- 1 RULE 80 1

. 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 C onstruction and

ot her E arthmoving A ctivities by requiring actions to prevent, reduce, or mitigate PM

- 10

emissions.

B. Applicability

This rule applies to any C onstruction and other E arthmoving A ctivities , 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 b ulk

of m aterials from open storage pi les, weed abatement through disking, back filling, travel

on

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

.

C. Definitions

The definition

s 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 r ule:

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

.

D.2 The 20% opacity lim it of Sections E.1.a and E.2.b shall not apply when W ind

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

measures is implemented for each applicable F ugitive D ust source type :

D.2.a Cease dus t generating activities fo r a period of one hour after W ind G usts

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 S uppressants 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 s ites and E arthmoving A ctivities :

E

. 1

. a All Persons who own or op erate a C onstruction s ite shall comply wi th the

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

comply with the conditions for a S tabilized S urface when applicable

.

E

. 1 .b. All Persons who perform any E arthmoving A ctivities shall comply with

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

E.1 .c All Persons wh

o own or operate a Construction s ite of 10 acres or more in

size for residential developments or 5 acres or more for non

- residential

development s shall develop a d ust c ontrol p lan. The dust c ontrol p lan shall

be made ava ilable to the APCD upon request. The d ust c ontrol p lan shall

comply with the requirements of Section F.

E.1.d The owner or operator required to develop a dust c ontrol p lan shall

provid e written

notification to the APCD within 10 days prior to the

commencement of any C onstruction activities via fax or mail. The

requirement to develop a d ust c ontrol p lan shall apply to all such activities

conducted for residential and non

- residential (e.g., comme rcial, industrial,

or institutional) purposes or conducted by any governmental en tity.

Regardless of whether a d ust c ontrol p lan is in place or not the owner or

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

rules under Regula tion VIII at all times.

F

. Best

Available Control Measures for Fugitive Dust (PM

- 10)

F

. 1 C onstruction and E arthmoving Activities shall c omply with the f ollowing

r equirements :

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.1Imperial 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

manufactu

rer to u npaved haul/access roads and U npaved T raffic

A reas sufficient to limit VDE to 20% opacity and meet the

conditions of a S tabilized U npaved R oad.

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

S tabilized S urface. If an area having 0.5 acres or more of

disturbed surface area rem ains unused for seven or more days, the

area must co mply with the conditions for a S tabilized S urface area.

F

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

compliance with Rule 803.

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

Rule 805.

F .1 .f Bulk Material h

andling operations at the site shall comply with Rule 802

.

F 1 .g Material t

ransport of Bulk Material to, from, or around the site shall

comply with Rule 802.

F .1 .h Haul t

rucks t ransporting 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 c ontrol p lan at the project site.

F.2.b Comply with the requirements of the approved d ust c ontrol p lan.

F.2 .c A d ust c ontrol p lan 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 d ust c ontrol p lan 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 dailyImperial 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 F ugi tive D ust emissions on the site

and the location of B ulk M aterial handling and storage areas, P aved

an d U npaved R

oads, entrances and exits where Track Out/Carry Out

may occur, and Unpaved Traf fic A reas.

6. Dust S uppressants 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

c ontrol Track Out/Carry Out, and sedimentation where unpaved and/or

access points join paved public access roads.

8. The d ust c ontrol p lan should describe all F ugitive D ust control

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

generating activ ity.

G. Record of Control Implementation

Any P erson 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 P erson shall describe, in t he 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 o f this r ule 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

Name: Rule 801 SIP Submittal.zip

Type: Zip Compressed Data

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

Encoding: base64

Download Status: Not downloaded with message

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