MOJAVE DESERT AIR QUALITY MANAGEMENT DISTRICT
RULE 403-2 -- FUGITIVE DUST CONTROL FOR THE MOJAVE DESERT PLANNING AREA
(Adopted: July 22, 1996)
(a) To ensure that the NAAQS for PM10 will not be exceeded due to anthropogenic sources of fugitive dust within the MDPA; and
a. To implement the control measures contained in the Mojave Desert Planning Area Federal PM10 Attainment Plan.
a. The requirements of this Rule shall apply to owners or operators of sources in the following categories within the MDPA:
i) Construction/Demolition Activity;
i) Heavily Traveled Publicly Maintained Unpaved Roads;
i) Weed suppression activity;
i) Limestone processing activity in the Lucerne Valley Area; and
i) Activities on Bureau of Land Management (BLM) 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between the provisions of this Rule and those of District Rule 403, the conflicting provisions of District Rule 403 are superseded.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 purposes of this Rule, the following definitions shall apply:
(a) Use periodic watering for short-term stabilization of Disturbed Surface Area to minimize visible fugitive dust emissions. For purposes of this Rule, use of a water truck to maintain moist disturbed surfaces and actively spread water during visible dusting episodes shall be considered sufficient to maintain compliance;
(b) Take actions sufficient to prevent project-related Trackout onto paved surfaces;
(c) Cover loaded haul vehicles while operating on Publicly Maintained paved surfaces;
(d) Stabilize graded site surfaces upon completion of grading when subsequent development is delayed or expected to be delayed more than thirty days, except when such a delay is due to precipitation that dampens the disturbed surface sufficiently to eliminate Visible Fugitive Dust emissions;
(e) Cleanup project-related Trackout or spills on Publicly Maintained paved surfaces within twenty-four hours; and
(f) Reduce non-essential Earth-Moving Activity under High Wind conditions. For purposes of this Rule, a reduction in Earth-Moving Activity when visible dusting occurs from moist and dry surfaces due to wind erosion shall be considered sufficient to maintain compliance.
(a) Prepare and submit to the MDAQMD, prior to commencing Earth-Moving Activity, a dust control plan that describes all applicable dust control measures that will be implemented at the project;
(b) Provide Stabilized access route(s) to the project site as soon as is feasible. For purposes of this Rule, as soon as is feasible shall mean prior to the completion of Construction/Demolition activity;
(c) Maintain natural topography to the extent possible;
(d) Construct parking lots and paved roads first, where feasible; and
(e) Construct upwind portions of project first, where feasible.
(a) Stabilize sufficient Publicly Maintained Heavily Traveled unpaved roads to reduce fugitive dust entrainment and wind erosion by at least 1541 tons per year of PM10 emissions within the MDPA.
(a) Disrupt the soil crust to the extent that Visible Fugitive Dust is created due to wind erosion.
(a) Stabilize industrial Unpaved Roads carrying more than ten vehicle trips per day with the majority of those vehicles weighing 30 tons or more;
(b) Enclose exterior belt conveyors sufficiently to cover the top and sides of the Bulk Material being transferred, or employ an alternate dust suppression system sufficient to prevent Visible Fugitive Dust;
(c) Manage or treat Bulk Material Open Storage Piles sufficiently to prevent Visible Fugitive Dust emissions. For purposes of this Rule, active watering during visible dusting episodes shall be sufficient to maintain compliance;
(d) Cover loaded Bulk Material haul vehicles while traveling upon publicly maintained paved surfaces;
(e) Employ a dust suppression system at Bulk Material transfer points sufficient to prevent Visible Fugitive Dust;
(f) Stabilize or eliminate Bulk Material Open Storage Piles that have been or are expected to be inactive for at least one year;
(g) Stabilize as much unpaved operations area as is feasible;
(h) Vacuum sweep Bulk Material spills on paved surfaces weekly or more often, as needed;
(i) Prevent facility-related Bulk Material Trackout on Publicly Maintained paved surfaces;
(j) Clean up facility-related Bulk Material Trackout and spills on Publicly Maintained roads within twenty-four hours; and
(k) Employ belt cleaners and/or conveyor return scrapers to minimize conveyor spillage.
(a) Stipulate that all new authorizations for stationary emission sources obtain all necessary MDAQMD permits and satisfy all applicable SIP provisions, including project- or activity-specific RACM;
(b) Control dust emissions from certain roads and routes as per the Wilderness classification in the California Desert Protection Act;
(c) Control dust emissions from certain roads and routes as identified through general BLM planning;
(d) Implement those PM10 control measures required to manage organized off-road events and/or competitions on public land;
(e) Use BLM-standard road design and drainage specifications when maintaining existing roads or authorizing road maintenance and new road construction; and
(f) Include public educational information on PM10 emissions with BLM open area literature and on information signs in heavily used areas.
(a) Agricultural operations, as defined by California Health and Safety Code §41704(b);
(b) Actions required by federal or state endangered species legislation;
(c) Actions that could be considered prohibited habitat modification under the federal or state endangered species legislation or require Section 10(a) or 2081 review;
(d) Construction/Demolition projects disturbing less than one-half total acre or 21,780 square feet;
(e) Active Operations conducted during emergency situations, or in conjunction with any officially declared disaster or state of emergency;
(f) Active Operations conducted by essential service utilities to provide electricity, natural gas, telephone, water and sewer services during periods of service outages and emergency disruptions;
(g) Non-periodic (occurring no more three times per year and lasting less than thirty cumulative days per year) or emergency maintenance of flood control channels and water spreading basins;
(h) Blasting operations as permitted by the California Occupational Safety and Health Administration;
(i) Emergency fire suppression operations ordered, performed or sanctioned by Federal, state or local government (including, but not limited to, creation of fuel breaks);
(j) A Construction/Demolition contractor, after the time the contract ends, provided that such contractor satisfied the requirements of this Rule during the contractual period;
(k) A grading contractor, for a phase of Active Operations after the contractual completion of that phase of Earth-Moving Activity, through and including five days after the final grading inspection;
(l) Weed abatement operations disturbing less than one acre on a lot that includes a residence;
a. Construction/Demolition activities and/or weed abatement operations performed to maintain easements and/or roadways (including shoulders);
(n) Dust generated by mowing performed for weed abatement purposes;
(o) Casual, informal recreational use of public land, including, but not limited to Off-Road Recreational Vehicle use; and
(p) Those BLM roads and routes administered by the Federal Highway Administration and the National Recreation Trails Fund Act.
(F) Test Methods
(a) For PM10 emission and reduction calculations other than unpaved roads: amounts shall be calculated using USEPA "Control of Open Fugitive Dust Sources" (EPA-450/3-88-008). For PM10 emission and reduction calculations for unpaved roads: amounts shall be calculated using USEPA AP-42 Section 11.2.1. For purposes of this Rule, the following values may be used as defaults, in the absence of specific data: silt content of 15 percent, vehicle average weight of three tons and four wheels, and 20 days with greater than 0.01 inch of precipitation.
(b) Compliance with the requirement "Cover Haul Vehicles" is equivalent to complying with the vehicle freeboard requirements of the California Vehicle Code (§23114) on both public and private paved roads.
(c) Silt content shall be determined through sampling and analysis in accordance with ASTM Method C-136-92. Results of ASTM Method C-136-92 are valid for 60 days from the date the sample was taken.
(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 operations;
(iii) Listing of all Active Operations included in subsection (G)(2)(a)(ii) generating Fugitive Dust emissions;
(iv) Estimation of baseline, annual, and 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) Descriptions 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 effectiveness 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 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, unless and until USEPA approves the ACP as a source specific SIP revision pursuant to 42 U.S.C. §7410(a)(3)(A) (FCAA §110(a)(3)(A)).
(b) The APCO shall either approve, conditionally approve, or disapprove a proposed ACP, in writing, within thirty (30) calendar days of receipt of the ACP, based on the following criteria:
(i) The proposed ACP demonstrates Equivalent Emission Reductions to those required under section (C);
(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 (FCAA §112). The Baseline Emissions of a hazardous pollutant shall be determined by the lower of either actual or NESHAPS' allowable emissions;
(iii) Add-on controls shall not be considered part of an approved ACP unless such controls are incorporated in an emissions averaging approach to compliance; and
(iv) The proposed ACP complies with all applicable requirements of section (G).
(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 ninety (90) days of APCO notice or the conditionally approved ACP is automatically deemed disapproved. The APCO shall evaluate the revised ACP based upon the criteria of subsection (G)(3)(b).
(d) If the APCO approves an ACP, the APCO shall notice a public hearing regarding the proposed 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.
(e) 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 a permit or other instrument which limits the total PM10 emissions from the equipment in question.
i) 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.
(f) At the public hearing, the APCO shall recommend that the Governing Board adopt the approved ACP for submission to 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 their expiration date.
(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" and the ACP shall be valid for an additional year. Otherwise a resubmittal shall conform to the requirements of subsection (G)(2).
(c) The APCO shall send a list of all approved and renewed ACPs to USEPA on an annual basis.
(a) The owner or operator operating under an approved ACP shall maintain daily operating records, source tests, laboratory analyses, monitoring data, data required to support ACP elements specified in subsection (G)(2)(a), 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 twenty-four (24) hour basis.
(a) Failure to comply with any