UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document

EPA’s Proposed Rulemaking

For the

Pinal County Air Quality Control District

Chapter 4 , Article 1

, West Pinal PM 10 Moderate Nonattainment Area Fugitive Dust

Prepared by: Christine Vineyard

March 2016RULE IDENTIFICATION

Agency Pinal County Air Quality Control District

Subject of this

TSD Rule : Chapter 4 , Article 1

– West Pinal PM10 Moderate Nonattainment Area Fugitive Dust Adopted

– October 28, 2015

Submitted

– December 21, 2015

Completeness Finding March 21, 2016

RULE SUMMARY

Applicability

– the purpose of the Article is to control fugitive dust from open areas/vacant lots, unpaved roads, unpaved lots and paved public roadways by requiring measures to prevent, reduce or mitigate fugitive dust emissions.

Exemptions

T he standards and requirements of this Article shall not apply to:

1. L egitimate vehicle test and development facilities and operations conducted by or for equipment manufacturers where d ust is required to test and validate the design integrity , p roduct quality and/or commerci al acceptance

. 2. Sudden and unforeseeable emergency response activities that may disturb the soil conducted by any utility or government agency in order to prevent public injury or to restore critical utilities to functional status.

3. Normal farm cultural pr actices.

4. Dust generating operations subject to the standards and/or requirements described in Chapter 4, Article 3

– Construction Sites

– Fugitive Dust.

5. The establishment of initial landscape without the use of mechanized equipment, conducting landscape ma intenance without the use of mechanized equipment, and playing on or maintaining a field used for non

- motorized sports; and shall not include grading, or trenching, performed to establish initial landscapes or to redesign existing landscapes.

Definitions Applicable definitions are included to add clarity to the rule.

Standards

General

– the owner and/or operator of open areas/vacant lots, unpaved lots, unpaved roads and paved public roadways must implement control measures to meet the visible

emissions r equirements, stabilization requirements and compliance determinations for each applicable category. Failure to implement control measures as required by this

rule shall be deemed a violation of this rule.Open Areas/Vacant Lots :

A. The owner and/or operator of open areas/vacant lots shall not cause, suffer, allow, or permit fugitive dust emissions which exceed twenty percent (20%) opacity.

B. Upon evidence of trespass, an owner/operator shall install and maintain no trespassing signs and physical barriers such as curbs, fences, gates, posts, shrubs, trees, or other effective control measures.

C. Owners and/or operators of open areas/vacant lots 1.0 acre (43,560 ft 2 ) or larger and have a cumulative of 0.5 acre (21,780 ft 2 ) or more disturbed

surface area in addition to the general requirements shall implement an

additional control measure listed in this section.

D. Open area/vacant lots 1.0 acre (43,560 ft 2 ) or larger and have a cumulative of 0.5 acre (21,780 ft 2 ) or more disturbed area, shall sign up to receive the Pinal

Coun ty dust control forecast within 30 calendar days following the initial discovery o f the disturbed surface area. In addition, the owner and/or operator shall ensure the open area/vacant lot is stabilized the day leading up to and the day that is forecast to be high risk for dust emissions.

E. No person shall use blading, disking, plowing under or any other means to remove vegetation from any open area/vacant lots with out implementing all the required control measures.

F. A list of stabilization requirem ents compliance methods are included.

Unpaved Lots

A. The owner and/or operator of an unpaved lot greater than 5,000 ft 2 shall not:

i. Cause or allow visible fugitive dust emissions to exceed 20% opacity;

ii. Allow silt loading equal to or greater than 0.33 oz./ ft 2 as determined by the referenced test method. If silt loading is equal to or greater than 0.33

oz. /ft 2 , the owner and/or operator shall not allow the silt content to
exceed 8%;

iii. In addition to the opacity and silt requirements, the owner and/or operator sh all pave; or apply and maintain dust suppressants to maintain a stabilized surface; or apply and maintain surface gravel uniformly; or an alternative control measure approved by the Control Office r and EPA.

B. Control measures shall be considered effectively implemented when the unpaved lot meets the visible emissions and stabilization requirements.

Unpaved Roads

A. The owner and/or operator of unpaved roads with average daily trips (ADT) greater than 150 shall not:

1. C ause or allow visible fugitive dust emissions to exceed 20% opacity;

2. A llow silt loading equal to or greater tha n 0.33 oz./ ft 2 as determined by the referenced test method. If silt loading is equal to or greater than 0.33

oz. /ft 2 , the owner and/or operator shall not allow the silt content to exceed

6% ;3. In addition to the opacity and silt requirements, the owner and/or operator shall pave; or apply and maintain dust suppressants other than water; or uniformly apply and maintain surface gravel.

B. The control measures listed in A. are considered implemented when:

i. One of the control measures is annually implemented on 15 miles per year of unpaved roads having ADT of 150 or more under the listed

circumstances.

ii. For year 2019 and beyond, control measures applied on unpaved roads

with less than 150 ADT can be used for compliance with this Section through use of the equivalency conversion table included in the rule.

Paved Public Roadway

A. The owner and/or operator of the property from which trackout or erosion

cased deposition came from upon discovery of mud/dirt that extends 50 feet or more from the nearest unpaved surface exit onto the paved public roadway

shall:

i. Within 24 hours of discovery, remove the mud/dirt from roadway by:

- Manually sweeping and picking up; or

- Operating a rotary brush or broom accom panied or preceded by sufficient wetting to limit opacity to 20% or less; or

- Operating a PM 10 efficient street sweeper; or

- Flushing with water, if curb and gutters are not present and the use of water will not result in adverse impacts or violate of any permit programs.

- If needed, restrict vehicles from traveling over mud/dirt until the

material has been removed from the travel lanes of the paved public roadway.

ii. Remove mud/dirt in a manner that does not cause another source of fugitive dust.

iii. In the event unsafe travel conditions would result from restricting

traffic

, and removal of such material isn’t possible within 72 hours due to a weekend or holiday condition

, the provisions of section A.i. above can be extended upon notification to and approval by the Control

Officer.

B. Requirements the owner and/or operator of any existing paved public roadway shall comply with prior to, during and after work on unpaved road shoulder:

i. Apply dust suppressant to total disturbed area in sufficient quantity and frequency to maintain a stabilized surface.

ii. Prevent trackout by using one of the control measures in A.i. above.

Recordkeeping Any person subject to the requirements of this rule shall compile and retain records that provide evidence of control measure applications including the type of treatment or

control measures , extent of coverage, and date applied. Records and supportingdocumentation shall be provided within 48 hours of Control Officers verbal or written

request.

Reporting Requirements Any city, county, or state agency with primary responsibility for an existing paved public roadway and unpaved roads shall comply with the following:

A. By January 30 of each year provide the Air District with a list of all unpaved road in its jurisdiction (i.e. length, ADT, unp aved road segments).

B. By January 30 of each year submit to the Air District a list of unpaved roads which were paved the previous year including the total number of unpaved roads miles, ADTs and the respective segments.

Records Retention All required re cordkeeping and reporting records shall be retained for at least 2 years.

Violations Failure of any person to comply with the applicable requirements of this rule shall

constitute a violation.

A. The opacity requirements shall not apply during:

i. Wind conditions that cause fugitive dust to exceed the opacity requirements if all applicable control measures are implemented, applied and maintained,

and all dust contributing disturbed area are stabilized.

ii. Emergency maintenance of flood control channels and water retention basins if at least 1 applicable control measure is applied, and maintained.

Emission Reductions If the attainment controls do not produce the expected emissions reductions, the control

measures in this rule will be implemented as expediti ously as practicable as a contingency to achieve the following additional reductions :

Open Areas/Vacant Lots : 1,727.9 TPY

Unpaved Lots : 143.3 TPY

Unpaved Roads : 1142.7 TPY

Paved Public Roadway : 7.6 TPY

A detailed explanation on how these reductions will be achieved can be found in Appendix D

– Pinal County PM10 Nonattainment Area, 2018 Attainment Demonstration and Controlled Emissions Inventories, Air Quality Division, December 21, 2015

– Final.

RULE EVALUATIONA. Rule Stringency

- CAA Sections 172(c)(1) and 189(a)(1)(C) require that moderate

nonattainment area SIP revisions include emissions reductions from existing

sources of PM 10 emissions, as may be obtained through RACM and reasonably available control technology (RACT). RACM and RACT must b e implemented as “expeditiously as practicable” and “shall provide for the attainment of the NAAQS.”
Additionally , if an area is classified as moderate, a State must implement RACM no later than four years after designation

. However, RACM findings are gene rally made

in context of an overall attainment demonstration. Consequently, our stri ngency evaluation primarily reviews the State’s comparison o f these Pinal provisions with with analogous requirements in other areas

. Specifically, the State provided a

demonstration that the requirements in Article 1, West Pinal PM 10 Moderate Nonattainment Area Fugitive Dust

, are as stringent and in some areas more stringent than other A ir Agency RACM measures (Appendix F

– RACM analysis for the West Pinal County P M 10 Nonattainment Area, Arizona Department of Environmental Quality, Final December 21, 2015)

.

B. Enforceability

– CAA §110(a)(2)(A) require s that regulations submitted to EPA for SIP approval must be clear and legally enforceable. The rule requirements for open areas/vacant lots, unpaved lots, unpaved roads and paved public roadways to suppress fugitive dust emissions contain definitions, re cordkeeping, reporting, control requirements and other provisions that are sufficiently clear and enforceable

.

C. Anti

- Backsliding

- We propose to determine that our approval of the submitted rule would comply with CAA § 110(l) because the West Pinal PM10 Mod erate

Nonattainment Area does not contain any control requirement s for the control of fugitive dust emissions at open areas/vacant lots, unpaved lots, unpaved roads and
paved public roadways , and our approval of Rule Chapter 4 , Article 1 into the SIP only adds new SIP requirements and does not interfere with the on

- going process for ensuring that requirements for RFP and attainment of the NAAQS are

met. Section 193 of the Act does not apply to our proposed action because this is a

new ru le to the SIP and does not modify any SIP

- approved control requirement in
effect before November 15, 1990, in a nonattainment area.

EPA ACTION

The submitted Rule Chapter 4

, Article 1, West Pinal PM 10 Moderate Nonattainment Area Fugitive Dust, strengthens the SIP by restrict ing emissions from fugitive dust . The rule fulfils the relevant CAA §110 and part D requirements. Therefore, EPA staff recommends approval of Chapter 4 , Article 1.

References:

1. “Issues Relating to VOC Regulation Cutpoints, Deficienci es, and Deviations,” (a.k.a., Bluebook) EPA OAQPS, May 25, 1988( http://www.epa.gov/ttn/naaqs/ozone/ozonetech/voc_bluebook.pdf ).

2. Chapter 4 , Article 1, West Pinal PM10 Moderate Nonattainment Area Fugitive

Dust.