MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT
RULE 403-1 -- FUGITIVE DUST CONTROL FOR THE SEARLES VALLEY PLANNING AREA
(Adopted: June 22, 1994) (Amended: July 31, 1995)
(a) The purpose of this Rule is to ensure that the National Ambient Air Quality Standards (NAAQS) for Respirable Particulate Matter (PM10) will not be exceeded due to anthropogenic sources within the San Bernardino County portion of the Searles Valley Planning Area (SVPA); and,
(b) To implement the control measures contained in the Searles Valley PM10 State Implementation Plan (SIP).
(a) The requirements of this Rule shall apply to owners or operators of the following sources within the San Bernardino County portion of the SVPA:
(i) Unpaved roads used for industrial activity;
(ii) Paved roads used for industrial activity;
(iii) Construction/Demolition activity;
(iv) Industrial fugitive dust;
(v) Activities on Bureau of Land Management (BLM) land; and
(vi) Disturbed surface areas on public land.
(a) If there is a conflict between the provisions of this Rule and those of District Rule 403, the conflicting provisions of District Rule 403 are superseded.
For the purpose of this Rule, the following definitions shall apply:
(a) Treat a minimum of 12 miles of heavily traveled unpaved roads on Searles Dry Lake used for industrial activity in a manner sufficient to maintain Road Surface Silt Loading less than or equal to 0.58 ounces per square yard.
(i) For purposes of this subsection, weekly brackish watering of non-Heavily Traveled Searles Dry Lake unpaved roads is presumed to be sufficient to maintain Road Surface Silt Loadings less than or equal to 0.58 ounces per square yard.
(ii) The owner or operator shall maintain records of treatment activity sufficient to establish location, type and timing of such treatment.
(b) Treat a minimum of eight (8) miles of certain heavily traveled unpaved roads, as identified in the Searles Valley PM10 Plan on the Searles Dry Lake, used for industrial activity in a manner sufficient to maintain Road Surface Silt Loading less than or equal to 0.17 ounces per square yard.
(i) For purposes of this subsection, treatment with salt and weekly brackish watering is presumed to be sufficient to maintain Road Surface Silt Loadings less than or equal to 0.17 ounces per square yard.
(ii) The owner or operator shall maintain records of treatment activity sufficient to establish location, type and timing of treatment.
(c) Clean paved roads used for industrial activity on a bi-weekly basis or more often as needed to ensure that spilled and tracked-on Bulk Material is removed rapidly.
(i) The owner or operator shall maintain records of cleaning activities sufficient to establish location, time and amount of cleaning activities.
(d) Treat or clean heavily traveled paved roads and areas used for industrial activity in a manner sufficient to maintain a Road Surface Silt Loading less than or equal to 2.94 ounces per square yard.
(i) For purposes of this subsection, mechanical sweeping and collection on a bi- weekly basis is presumed to be sufficient to maintain Road Surface Silt Loadings less than or equal to 2.94 ounces per square yard.
(ii) The owner or operator shall maintain records of mechanical sweeping and collection sufficient to establish location, time and amount of vacuum sweeping.
(a) Provisions to maintain the natural topography to the extent possible during grading and other earth movement;
(b) A construction schedule that specifies construction of parking lots and paved roads first, and upwind structures prior to downwind structures;
(c) Provisions to cover or otherwise contain Bulk Material carried on haul trucks operating on paved roads; and,
(d) Provisions to remove Bulk Material tracked onto paved road surfaces.
(a) Enclose exterior transfer lines greater than thirty (30) feet in length sufficient to cover the top and sides of the bulk material being transferred.
(b) Permanently eliminate at least 2,750 square feet of Bulk Material storage pile surface area that was exposed during 1990.
(i) The owner or operator shall maintain records of storage pile reduction or limitation shall be maintained sufficient to identify the location, type (including storage pile silt content) and timing of storage pile modification.
(c) Cover or otherwise contain Bulk Material carried on haul trucks while operating on paved roads as specified in the Searles Valley PM10 Plan.
(i) Fly and bottom ash haul trucks maintaining moisture content of at least 12 percent need not be covered.
(d) Treat heavily traveled unpaved/paved road access points in a manner sufficient to maintain a Road Surface Silt Loading of 2.94 ounces per square yard on the paved road surface adjacent to the unpaved road.
(i) For purposes of this subsection, mechanical sweeping and collection on a bi-weekly basis is presumed to be sufficient to maintain Road Surface Silt Loadings less than or equal to 2.94 ounces per square yard.
(ii) The owner or operator shall maintain records of activities performed to maintain the specified Road Surface Silt Loading sufficient to establish location, time and type of treatment.
(a) Reduce PM10 emissions associated with activities on BLM land by 20 percent relative to 1990 levels;
(b) Provide wind and water erosion controls sufficient to minimize deposition of silt on paved roads;
(c) Provide for paving or other stabilization of major unpaved/paved road access points;
(d) Provide for paving or other stabilization of major vehicle staging and parking areas;
(e) Provide for signage that reduces vehicular speeds, particularly during high wind episodes.
(a) Agricultural operations, as defined by California Health & Safety Code Section 41704(b);
(b) Actions required by federal or state endangered species legislation;
(c) Residential property;
(d) Active Operations conducted during emergency life-threatening situations, or in conjunction with any officially declared disaster or state of emergency;
(e) Active Operations conducted by essential service utilities to provide electricity, natural gas, telephone, water and sewer during periods of service outages and emergency disruptions;
(f) Non-periodic (occurring no more than three times per year and lasting less than thirty cumulative days per year) or emergency maintenance of flood control channels and water spreading basins;
(g) Blasting operations as permitted by the California Division of Industrial Safety;
(F) Test Methods
(a) For Road Surface Silt Loading: shall be calculated in ounces of silt per square yard and be determined by sweeping and vacuuming at least 5 pounds of material from representative strips of known area of the surface and establishing the 75 micron or silt fraction through the use of a 200 mesh screen (USEPA AP-42 "Compilation of Air Pollutant Emission Factors" Section 11.2.6, ASTM Standard D-75 "Standard Practice for Sampling Aggregates," and ASTM Standard C-136 "Sieve Analysis of Fine and Coarse Aggregates").
(b) For PM10 emissions and emission reductions: amounts shall be calculated using USEPA "Control of Open Fugitive Dust Sources" (EPA-450/3-88-008).
(c) Compliance with the requirement "Cover Haul Trucks" is equivalent to complying with the vehicle freeboard requirements of Section 23114 of the California Vehicle Code on both public and private roads.
(G) Alternative PM10 Control Plans (ACPs)
(a) The owner or operator may apply for an ACP by submitting a plan to the District which includes the following elements:
(i) Name(s), address(es), and phone number(s) of the official(s) responsible for the preparation, submittal, and implementation of the ACP;
(ii) Description and location of operation(s);
(iii) Listing of all Active Operations included in subsection (G)(2)(a)(ii) generating Fugitive Dust emissions;
(iv) Estimation of baseline, annual, daily emissions from each source identified in subsection (G)(2)(a)(iii);
(v) Description of actions required by the applicable portion of section (C);
(vi) Description of actions proposed to generate Equivalent Emission Reductions instead of subsection (G)(2)(a)(v). Such description shall be sufficiently detailed to demonstrate Real, Enforceable, Permanent, Quantifiable, and Surplus Equivalent Emission Reductions during all periods of Active Operations;
(vii) Commitment to a post-approval monitoring program to evaluate the effects of subsection (G)(2)(a)(vi) actions; and,
(viii) Description of contingency measures for implementation if actions proposed for subsection (G)(2)(a)(vi) prove insufficient.
(ix) An application for an ACP which proposes using add-on controls to achieve Equivalent Emission Reductions shall specify test methods for both the emission collection system and the control system.
(a) The owner or operator of a source subject to this Rule electing to obtain an approved ACP shall submit an application for an ACP to the APCO in writing.
(i) The owner or operator shall remain subject to federal enforcement of existing section (C) and SIP limits federal approval of unless and until USEPA approves the ACP as a source specific SIP revision pursuant to Section 110(a)(3)(A) of the Federal Clean Air Act.
(b) The APCO shall either approve, conditionally approve, or disapprove a proposed ACP, in writing, within 30 calendar days of receipt of the ACP, based on the following criteria:
(i) The proposed ACP demonstrates equivalent emissions reductions to those required under section (C); and
(ii) The proposed ACP does not result in a net increase in any baseline emission of an air pollutant regulated, proposed for regulation, listed or the subject of a "notice-of-intent-to-list" pursuant to the provisions of 42 U.S.C. §7412, National Emission Standards for Hazardous Air Pollutants (Federal Clean Air Act §112 "NESHAPS"). The baseline emissions of a hazardous pollutant shall be determined by the lower of either actual or NESHAPS's allowable emissions.
(iii) Add-on controls shall not be considered part of an approved ACP unless such control are incorporated in an emissions averaging approach to compliance.
(iv) The proposed ACP complies with, all requirements of subsection (G)(3) and all applicable requirements of section (G) shall be satisfied;
(c) If the APCO conditionally approves an ACP the APCO shall notify the applicant in writing of the ACP's conditional approval and of the deficiencies which require corrections.
(i) The applicant shall submit a revised ACP within 90 days or the ACP is automatically deemed disapproved. The APCO shall evaluate the revised ACP based upon the criteria of subsection (G)(3)(b).
(d) After the APCO approves the proposed ACP the permits for any existing permit units included in the ACP shall be surrendered and new permits incorporating provisions of the ACP shall be issued.
(i) ACP emission reductions which are accomplished through equipment shutdown or production curtailment shall have their permanency ensured by permit or other conditions which limit the total PM10 emissions from the equipment in question.
(ii) Notwithstanding provisions of District Rule 219, if the ACP encompasses the operation of equipment not requiring a permit, such equipment shall lose its exemption status and require a permit.
(e) After approving an ACP, the APCO shall notice a public hearing regarding the ACP before the Governing Board of the District .
(i) Such notice shall be published in a newspaper of general circulation at least 30 days prior to the meeting of the Governing Board at which the public hearing is scheduled to take place.
(f) At the public hearing the APCO shall recommend that the Governing Board adopt the approved ACP for submission to the California Air Resources Board (ARB) as a SIP submittal.
(g) If adopted by the Governing Board, the ACP shall thereafter be submitted by the APCO to ARB for submittal to USEPA as a source-specific revision to the SIP.
(a) An approved ACP shall be valid for a period of one year from the date of approval by the APCO.
(b) Approved ACPs shall be resubmitted, annually, at least 90 days prior to expiration date shall expire.
(i) If all Fugitive Dust sources and emission reduction-producing actions remain identical to those identified in the previously approved ACP, the resubmittal may contain a simple statement of "no-change." Otherwise a resubmittal shall conform to the requirements of subsection (G)(1).
(c) The APCO shall send a list of all approved ACPs to USEPA on an annual basis.
(a) The owner or operator operating under an approved ACP shall maintain daily operating records, information regarding operations, source tests, laboratory analyses, monitoring data, and any other appropriate information in a manner and form sufficient to determine the compliance of the owner or operator with the ACP on a 24-hour basis.
(a) Failure to comply with any provisions in an approved or conditionally approved ACP shall be a violation of this Rule.
(H) Contingency Measures
(a) The SVPA has failed to make reasonable further progress toward attainment of the PM10 NAAQS; or
(b) There has been a violation of the PM10 NAAQS within the SVPA on or before December 31, 1995.
(a) The owner of public lands containing disturbed surface areas shall:
(i) Treat a minimum of 46 acres to at least a 9