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 2 2, 20142

Agency: Antelope Valley Air Quality Management District (AVAQMD)

Rule 403: Fugitive Dust

SIP

- a pproved 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 The SCAQMD rules in effect within the jurisdiction of the AVAPCD remained in effect until the AVAPCD Governing Board superseded , amended or rescinded them.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 Once again the rules in effect at the time of the change remained in effect until the AVAQMD Governing Board superseded , amended or rescinded them. A VAQMD has been designated non

attainment 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 Fede ral 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 Rul e 403 on February 7, 1976 and subsequently amended it on November 6, 1992, July 9, 1993, and February 14, 1997. The se 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 requirements3

d uring 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 AVA QMD 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

curren t 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 cost

effective 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 determine d 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 y ards 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 Operatio ns

– 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 f or u se when an owner /operator of an Unpaved Road at an4

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 re quir e 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 adde d 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 ca tegories 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 sec tion 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. A ctive 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 duri ng 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

eart h

- moving a ctivities.

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

agency.
i. Blasting operations permitted by the state.5

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 h igh 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 opera tion, 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 sprea ding 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 PM 10 is conducted.

N. An Appendix “A” was adde d 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 unclassifie d

.

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 SIP

approved requirement s they replace, for example by addition of opacity requirements. There are a few more exemptions in the revis ed rule , b ut the

added emission control requirements and the fact that many of the exemptions are short term (emergencies, disasters, motion picture6 production, etc.) and/or covered by other regulations aids in strengthen ing

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).