UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX

AIR DIVISION

Technical Support Document

For

EPA’s Notice of Proposed Rulemaking

For the

California State Implementation Plan 

As submitted by the California Air Resources Board

Antelope Valley Air Quality Management District

Rule 403 – Fugitive Dust

Christine Vineyard

August 22, 2014
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Agency: Antelope Valley Air Quality Management District (AVAQMD)

Rule 403: Fugitive Dust

SIP-approved Version:

Locally adopted: February 7, 1976

Submitted by CARB: August 2, 1976

Approved by EPA: June 14, 1978

Interim Amendments not submitted to EPA:

November 6, 1992

July 9, 1993

February 14, 1997

Version subject of this TSD:

Amended by AVAQMD: April 20, 2010

Submitted by CARB: July 20, 2010

EPA Completeness: August 25, 2010

Background

On July 1, 1997 the Antelope Valley Air Pollution Control District (AVAPCD) was 

created and assumed all air pollution control responsibilities from the South Coast Air 

Quality Management District (SCAQMD) for the area of Los Angeles County outside the 

South Coast Air Basin. The SCAQMD rules in effect within the jurisdiction of the 

AVAPCD remained in effect until the AVAPCD Governing Board superseded, amended 

or rescinded them. On January 1, 2002 the Antelope Valley Air Quality Management 

District (AVAQMD) was created to replace the AVAPCD. Once again the rules in effect 

at the time of the change remained in effect until the AVAQMD Governing Board 

superseded, amended or rescinded them. AVAQMD has been designated nonattainment for the State PM10 standard and unclassified for the State PM2.5 standard. 

For the Federal standards, AVAQMD has been designated unclassified for PM10 and 

attainment/unclassified for PM2.5. As an unclassified Federal PM10 area, the 

AVAQMD is not subject to contingency, Reasonable Available Control Measure (RACM)

or Best Available Control Measure (BACM) requirements described in section 189 and 

elsewhere in the Federal Clean Air Act (CAA). 

The SCAQMD adopted Rule 403 on February 7, 1976 and subsequently amended it on 

November 6, 1992, July 9, 1993, and February 14, 1997. These amended rules were 

not submitted for SIP approval. 

Rule Revision Summary

The 2010 version of Rule 403 subject of this TSD significantly revises and improves the 

version last approved into the SIP in 1976. Among other changes discussed in more 

detail below, this version establishes a general 20% opacity limit and requirements 
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during high wind conditions. The most recent revision to the rule was adopted in part to 

satisfy the commitment made in the List and Implementation Schedule for District 

Measures to Reduce PM10 Pursuant to Health & Safety Code § 39614(d) adopted by 

the AVAQMD Governing Board on August 16, 2005. Further, the proposed revisions to 

Rule 403 were made to conform the rule to AVAQMD’s attainment status and to clarify 

rule requirements. 

Specific Rule Changes

Rule 403 has been reformatted to the AVAQMD standard format and to incorporate 

typographic and rule citation changes. In addition:

A. A General section was added to show the purpose and applicability of the rule.

B. A Definitions section was added to make the rule more comprehensive, reflect the 

current applicability of the rule, and provide additional clarity.

C. A Requirements section was added:

1. An opacity limit of 20 percent was added because it was determined to be costeffective in other districts. A provision was added that only opacity readings from 

a single source shall be included in the cumulative total used to determine 

compliance.

2. The allowance of particulate matter when determined as the difference between 

upwind and downwind samples collected on high volume samplers was reduced 

from 100 to 50 micrograms per cubic meter.

D. Several sections were added to incorporate provisions/requirements determined to 

be cost effective pursuant to CARB’s Proposed List of Measures to Reduce 

Particulate Matter:

1. Track-out Operations – a person shall not allow Track-out to extend 25 feet or 

more in cumulative length from the point of origin from an action operation. Nor 

shall a person conduct an Active Operation with a Disturbed Surface Area of five 

or more acres, or with a daily import or export of 100 cubic yards or more of Bulk 

Material.

2. Earth-Moving Operations – measures were incorporated for a person to use 

when conducting an Active Operation of Construction, excavation, extraction and 

other Earth-Moving Activities with a Disturbed Surface Areas of five or more 

acres, or with a daily import or export of 100 cubic yards or more of Bulk Material.

3. Demolition Operations – measures were incorporated for use when using 

wrecking balls or other wrecking equipment to raze or demolish buildings.

4. Bulk Material Operations – measures were incorporated for use when 

conducting an active operation of handling Bulk Material with a daily import or 

export of 100 cubic yards or more of Bulk Material.

5. Disturbed Open Area of Three or More Acres – measures were incorporated 

for use when an owner/operator of an open area with a Disturb Surface of three 

or more acres that has remained undeveloped, unoccupied, unused, or vacant 

for more than 7 days.

6. Unpaved Roads at Industrial or Commercial Facilities – measures were 

incorporated for use when an owner /operator of an Unpaved Road at an 
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industrial or commercial facility is required to limit Visible Dust Emissions (VDE)

to 20 percent opacity from the Unpaved Road segment.

7. Unpaved Vehicle/Equipment Traffic Area – measures were incorporated for 

use when an owner/operator of an unpaved vehicle/equipment traffic area must 

limited VDE to 20 percent opacity.

E. A section was added for anyone performing Earth-Moving Activities during High 

Wind Conditions. The measures require a person to cease all action operations, or 

to apply water to soil to limit opacity to 20 percent.

F. A section was added to include measures the owner/operation of Disturbed 

Surface Areas should use during High Wind Conditions to apply water and/or a 

Chemical Stabilizer.

G. A section was added to require owners/operators of unpaved roads during high 

winds to apply chemical stabilizers prior to wind event, apply water once per hour 

during active operations, or stop of vehicular traffic.

H. A section was added to include measures owners/operators of Open Storage 

Piles during high winds shall use such as the application of water and/or Chemical 

Stabilizer, install temporary coverings, or install a three sided enclosure which 

should extend, at a minimum, to the top of the pile.

I. A section was added to allow owners/operation of all categories during high 

winds the use of other control measures approved by the APCO and the USEPA.

J. A Dust Control Plan section was added to incorporate measures determined to be 

cost effective pursuant to CARB’s Proposed List of Measures to Reduce Particulate 

Matter. This section outlines when a dust plan is needed, as well as what should be 

included in the plan.

K. A Compliance Schedule section was added to make Rule 403 effective upon 

adoption.

L. An Exemptions section was added:

(1) The provisions of this rule shall not apply to:

a. Agriculture is exempt from this rule because agriculture rules are being 

developed independently (Rule 403.3, Agricultural Sources – Fugitive Dust is 

listed on the AVAQMD 2014 Master Rule Development Calendar.

b. Unpaved roads not part of an industrial or commercial facility.

c. Any disturbed surface area less than one-half acre on property zoned for 

residential use.

d. Active operations conducted during an emergency or disaster.

e. Active operations conducted by essential service utilities (gas, water, sewer, 

etc.)

f. Contractors subsequent to the end of the contract provided the required 

control measures were implemented during the contractual period.

g. A grading contractor for a phase of active operations, subsequent to the 

contractual completion of that phase of earth-moving activities provided the 

required control measures have been implemented during the entire phase of 

earth-moving activities.

h. Weed abatement operations ordered by the fire department or government 

agency.

i. Blasting operations permitted by the state.
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j. Motion picture, television, and video production activities when dust 

emissions are required for visual effects.

(2) The requirements provisions shall not apply:

a. When high winds exceed 25 miles per hour, provided the required control 

measures for each applicable fugitive dust source type are implemented and 

records maintained and accessible as outlined in the rule.

b. To unpaved roads provided such roads are used solely for the maintenance 

of wind generating equipment or if the road is less than 50 ft in width, within 

25 ft of property line; and have a traffic volume less than 20 vehicle trips per 

day.

c. To any active operation, open storage pile, or disturbed surface area for 

which necessary fugitive dust preventive or mitigative actions are in conflict 

with the federal Endangered Species Act.

d. To non-routine or emergency maintenance of flood control channels and 

water spreading basins.

(3) The track-out requirements shall not apply to earth coverings of public paved 

roads where such coverings are approved by a local government agency for the 

protection of the roadway and are used as roadway crossings for haul vehicles.

(4) The Dust Control Plan provisions shall not apply to officially-designated public 

parks and recreational areas, including national parks, national monuments, 

national forests, state parks, state recreational areas, and county regional parks.

M. A section was added to show the applicable Fee for anyone subject to a Dust 

Control Plan submittal, the submittal of an annual statement of no-change, and any 

facility for which an upwind/downwind monitoring for PM10 is conducted.

N. An Appendix “A” was added to list construction site signage guidelines (minimum 

requirements).

EPA Evaluation

1. Enforceability - The rule requirements, applicability and other provisions are 

sufficiently clear to ensure that affected sources and regulators can evaluate 

and determine compliance with Rule 403 consistently. 

2. Rule Stringency – As stated above, there is no RACM, BACM or other 

specific stringency requirement for this rule because the area is unclassified.

3. Rule Relaxation – We have determined that our approval of the submitted 

rule would comply with CAA §§ 110(l) and 193 because the revised rule will 

not interfere with the ongoing process for ensuring that the requirements for 

RFP and attainment of the NAAQS are met and because the emission control 

requirements in the revised rule are more stringent than the existing SIPapproved requirements they replace, for example by addition of opacity 

requirements. There are a few more exemptions in the revised rule, but the 

added emission control requirements and the fact that many of the 

exemptions are short term (emergencies, disasters, motion picture 
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production, etc.) and/or covered by other regulations aids in strengthening

the revised rule.

EPA Action

The submitted rule strengthens the SIP and fulfills the relevant CAA requirements 

regarding enforceability, SIP relaxations, and rule stringency. Therefore, submitted 

Rule 403 should be given full approval.

Attachments

1. AVAQMD Rule 403, Fugitive Dust, amended April 20, 2010.

2. SIP-Approved Rule 403, Fugitive Dust, approved August 2, 1976.

3. “Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,” 

USEPA, May 28, 1988 (cover only).