IMPERIAL COUNTY AIR POLLUTION CONTROL DISTRICT


RULE 800 - FUGITIVE DUST REQUIREMENTS FOR CONTROL OF FINE PARTICULATE MATTER (PM-10)
(Adopted 10/10/94; revised 11/25/96)

A. General Description
The purpose of this regulation is to reduce the amount of fine Particulate Matter (PM-10) entrained in the ambient air as a result of emissions generated from anthropogenic (man-made) Fugitive Dust (PM-10) sources generated from within Imperial County by requiring actions to prevent, reduce, or mitigate PM-10 emissions. This Regulation contains EPA required Reasonably Available Control Measures (RACM) to be included in the Imperial County Air Pollution Control District (APCD) Non-Attainment Area Plan for attaining the National Ambient Air Quality Standards for PM-10.

B. Applicability
The requirements of this Regulation shall apply to any Active Operation, and/or man-made or man-caused condition or practice capable of generating Fugitive Dust (PM-10) as specified in this Regulation except those determined exempt as defined in Part E of this Regulation.

C. Definitions
For the purpose of this Regulation, the following terms are defined:

C.1 ACTIVE OPERATION: Activities capable of generating Fugitive Dust (PM-10) conducted for industrial, commercial, state, federal, city, county or special district purposes and their contractors, including but not limited to, Unpaved Roads, Track-Out/Carry-Out, Bulk Material storage and transport, Unpaved Haul/Access Roads.

C.2 APCD: The Imperial County Air Pollution Control District.

C.3 APCO: The Imperial County Air Pollution Control Officer.

C.4 BULK MATERIAL: Earth, rock, Silt, sediment, sand, Gravel, soil, fill, aggregate, dirt, mud, debris, and other organic and/or inorganic material consisting of or containing Particulate Matter with five percent or greater Silt content. Active Operations seeking to determine if the Silt content is less than five percent are required to conduct the laboratory analysis in accordance with ASTM method C-136. Attachment A is ASTM method C-136, attachment B is ASTM method D-75 for sampling aggregate material.

C.5 CANAL BANK: A rise of land on either side of an irrigation canal.

C.6 CHEMICAL STABILIZATION/SUPPRESSION: A means of Fugitive Dust (PM-10) control implemented to mitigate PM-10 emissions by applying petroleum resins, asphaltic emulsions, acrylics, adhesives, or any other materials approved for use by the California Air Resources Board (CARB), U.S. Environmental Protection Agency (EPA) and/or the APCO.

C.7 DESIGNATED REPRESENTATIVE: The agent for a Person. The Designated Representative shall be responsible for and have the full authority to implement RACM on behalf of the Person.

C.8 FUGITIVE DUST: The Particulate Matter entrained in the ambient air which is caused from man-made and natural activities such as, but not limited to, movement of soil, vehicles, equipment, blasting, and wind. This excludes Particulate Matter emitted directly in the exhaust of motor vehicles or other fuel combustion devices, from portable brazing, soldering, or welding equipment, pile drivers, and stack emissions from stationary sources.

C.9 GRAVEL: Gravel travelways shall have a three (3) inch minimum depth stabilized surface. The travelway shall have a relative compaction of not less than 90% as determined by Test Method No. California 216 of State of California, Business and Transportation Agency Department of Transportation, and conforming to the following grading:


Reference: County of Imperial Department of Public Works Standard S-1101.

C.10 HAUL/ACCESS ROAD: Any on-site road used for commercial, industrial, institutional, and/or governmental traffic, excluding Haul/Access Roads used for agricultural operations.

C.11 HAUL TRUCK: Any fully or partially open-bodied licensed motor vehicle used for transporting Bulk Material for industrial or commercial purposes.

C.12 IMPLEMENT OF HUSBANDRY: An unlicensed vehicle which is used exclusively in the conduct of agricultural operations. An Implement of Husbandry does not include a vehicle if its existing design is primarily for the transportation of persons or property on a highway, unless specifically designated as such by some other provision of the Vehicle Code of California.

C.13 OFF-ROAD VEHICLE: Any nonstationary device, powered by an internal combustion engine or motor, used primarily off the highways to propel, move, or draw persons or property including any device propelled, moved, or drawn exclusively by human power, and used in, but not limited to, any of the following applications: marine vessels, construction/farm equipment, utility and lawn and garden equipment, off-road motorcycles, and off-highway vehicles.

C.14 PARTICULATE MATTER: Any material, except uncombined water, which exists in a finely divided form as a liquid or solid at 60 degrees F and one atmosphere pressure.

C.15 PAVED ROADS: An improved street, highway, alley, public way, that is covered by concrete, asphaltic concrete, or asphalt.

C.16 PERSON: Any individual, public or private corporation, partnership, association, firm, trust, estate, municipality, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties, who is responsible for an Active Operation.

C.17 PHYSICAL STABILIZATION: A means of dust control implemented to mitigate PM-10 emissions by applying vegetation, Gravel, recrushed/recycled asphalt or any other materials or methods specified for use by U.S. EPA, CARB and/or the APCO.

C.18 PM-10: Particulate Matter with an aerodynamic diameter smaller than or equal to a nominal 10 microns as measured by the applicable State and Federal reference test methods.

C.19 REASONABLY AVAILABLE CONTROL MEASURE (RACM): A technique, practice, or procedure as identified in Section I of this Regulation that is used to prevent or minimize the generation, emission, entrainment, suspension and/or airborne transport of Fugitive Dust (PM-10).

C.20 SILT: Any aggregate material with a particle size less than 75 micrometers in diameter as measured by a No. 200 sieve as defined in ASTM D-2487 (attachment C, subsection 3.1.4 and as tested by ASTM-C-136 (attachment A).

C.21 TRACK-OUT/CARRY-OUT: Any and all Bulk Materials that adhere to and agglomerate on the exterior surfaces of motor vehicles and/or equipment (including tires) and excluding Implements of Husbandry and that may then fall onto the pavement.

C.22 TRACK-OUT PREVENTION DEVICE: A vibrating or tire spreading device to dislodge mud, dirt and/or debris from the tires and undercarriage of motor vehicles .

C.23 UNPAVED ROADS: Streets, alley ways, or roadways that are improved and maintained and that are not covered by one of the following: concrete, asphaltic concrete, asphalt, or other similar materials specified by the U.S. EPA, CARB and/or the APCO.

C.24 VMT: Vehicle miles traveled. Excluding any emergency operation and/or law enforcement activities performed to ensure public health and safety.


D. Compliance Schedule

D.1 Existing sources subject to this Regulation shall comply with its requirements no later than 90 days after its adoption date.

D.2 New sources subject to this Regulation shall comply with its requirements prior to initiation of activity.


E. Exemptions
The following activities are exempt from provisions of this Regulation:

E.1 Actions required by the Federal or State Endangered Species Act or any order issued by a court or governmental agency.

E.2 Any operation already under Air Pollution Control District permit with requirements for PM-10 control, provided the control of fugitive PM-10 emissions is at least as stringent as required by this Regulation.

E.3 Agricultural operations including the growing, harvesting, tilling, cultivating and post harvesting of crops, or the raising of animals, fowl, or bees excepting the vehicle transportation, and vehicle hauling or other movement of the crops, animals, fowl or bees resulting from such operations and ingress to and egress from Paved Roads.

E.4 Non-routine or emergency maintenance of flood control channels and water spreading basins.

E.5 Paved and unpaved driveways serving single family residential dwellings.

E.6 Any emergency operation and/or law enforcement activities performed to ensure public health and safety.

E.7 Outdoor storage or handling of organic or inorganic fertilizer, grains, seed and feed which would be damaged by wetting.

E.8 Blasting operations permitted by the California Division of Industrial Safety.

E.9 The recreational use of public lands, including but not limited to Off-Road Vehicles, all-terrain vehicles, trucks, cars, motorcycles, motorbikes or motorbuggies.


F. Requirements

F.1 Any Person who engages in any Active Operations identified in Section F. of this rule shall provide for the implementation and maintenance of applicable RACMs, unless the implementation of such RACM endangers or could endanger the health or safety of the public.

F.2 Track Out/Carry Out: Any Person who causes the deposition of Bulk Material by tracking out or carrying out onto a Paved Road surface shall apply one or more applicable RACM to prevent or mitigate such deposition.

F.3 Unpaved Haul/Access Roads: No Person shall cause, suffer or allow the operation, use, or maintenance of any Unpaved Haul/Access Road of more than ½ mile in length at any work site without applying one or more appropriate RACM so as to affect at least 15% of the total road surface(s) or apply one or more RACM so as to achieve a level of control that is equivalent to 100% control of emissions from 15% of the total unpaved surface(s).

F.4 Unpaved Roads: All Persons who cause, suffer or allow the operation, use or maintenance of any Unpaved Road, greater than 3/4 mile in length, and with 20.0 or more average VMT per mile per day shall apply one or more appropriate RACM as to affect at least 15% of the total road surface(s) or apply one or more RACM so as to achieve a level of control that is equivalent to 100% control of emissions from 15% of the total unpaved surface(s).

F.5 Bulk Material Handling: No Person shall cause, suffer, allow or engage in any Bulk Material handling operation including, but not limited to, storage, stacking, loading, unloading, conveying and reclaiming of Bulk Material, for industrial or commercial purposes without applying one or more appropriate RACM.

F.6 Material Transport: No Person shall cause, suffer, allow or otherwise engage in the transportation of Bulk Materials for industrial or commercial purposes, without applying one or more appropriate RACM.

F.7 Haul Trucks: No Person shall cause, suffer, allow or otherwise engage in the use or operation of any Haul Truck, for industrial or commercial purposes, of transporting or storing Bulk Material without applying one or more appropriate RACM.


G. Record of Control Implementation
Any Person engaged in any Active Operation subject to this Regulation VIII shall maintain records of RACM sufficient to establish location, type and date of treatment. Records shall be maintained and be readily accessible for two years after the date of each entry and shall be provided to the APCD upon request and shall be open for inspection during unscheduled audits during normal business hours.

Persons who opt for the equivalency control in sections F.3 and/or F.4 must keep records to include equivalency formulas or factors with at least one sample calculation.

H. Violations
Failure to comply with any provisions of this Regulation shall constitute a violation of this Regulation.

I. Reasonably Available Control Measures for Fugitive Dust (PM-10)

I.1 UNPAVED HAUL AND ACCESS ROADS:

I.1.a Pave.
I.1.b Apply Physical/Chemical Stabilization as directed by product manufacturer to control dust on Unpaved Roads.
I.1.c Apply Gravel, recrushed/recycled asphalt or other material of low Silt (<5%) content to a depth of three or more inches.
I.1.d Wetting. Apply water one or more times daily.
I.1.e Permanent road closure.
I.1.f Reduce vehicle speeds by 50%.
I.1.g Reduce vehicle trips by 50%.


I.2 UNPAVED ROADS:

I.2.a Pave.
I.2.b Apply Physical/Chemical Stabilization, as directed by product manufacturer to control dust on Unpaved Roads.
I.2.c Apply Gravel, recrushed/recycled asphalt or other material of low Silt (<5%) content to a depth of three or more inches.
I.2.d Reduce vehicle speeds by 50% .
I.2.e Reduce number of vehicle trips by 50%.
I.2.f Wetting. Apply water one or more times daily.
I.2.g Stocking of Triploid Grass Carp in canals to reduce maintenance vehicle trips along Canal Banks to mechanically remove aquatic weeds.
I.2.h Installation of remote control delivery gates to eliminate manual gate operation by maintenance personnel in vehicles along Canal Banks.
I.2.i Implement policies and training to emphasize:

I.2.i.1 regulated use of field-side Canal Banks for agricultural equipment parking/storage and agricultural commodity storage;
I.2.i.2 reduced speed along Canal Banks;
I.2.i.3 minimal use of Canal Banks for access to canal gate structures;
I.2.i.4 when feasible, restrict vehicle travel along Canal Bank to one side (opposite of field-side Canal Bank).

I.2.j Implement Silt removal program to emphasize delaying grading of spoil piles deposited on Canal Bank after cleaning operations until the next cleaning operation to eliminate vehicle access to Canal Bank.
I.2.k Permanent road closure.
I.2.l Conversion of open canals to pipeline.
I.2.m Lining canals to eliminate maintenance for Silt/weed control.
I.2.n Canal Bank surface maintenance.


I.3 TRACK OUT/CARRY OUT:

I.3.a Rapidly clean up, within 48 hours of deposition, any Bulk Material tracked out or carried out onto a Paved Road surface.
I.3.b Install one or more Track-Out Prevention Device or other APCO approved track out control device or wash down system at access points where unpaved traffic surfaces adjoin Paved Roads.
I.3.c Pave, Chemically Stabilize, or Gravel (using Gravel or other low Silt (<5%) content material), 50 or more consecutive feet at access points where Unpaved Roads adjoin Paved Roads.


I.4 BULK MATERIAL HANDLING/TRANSFER:

I.4.a Spray with water 15 minutes prior to handling and/or at points of transfer.
I.4.b Chemical/Physical Stabilization.
I.4.c Protect from wind erosion by sheltering or enclosing the operation and transfer line.


I.5. MATERIAL TRANSPORT/HAULING:

I.5.a Completely cover or enclose all Haul Truck loads of Bulk Material.
I.5.b Haul Trucks transporting loads of Aggregate Materials shall not be required to cover their loads if the load, where it contacts the side, front, and back of the cargo container area remains six inches from the upper area of the container area, and if the load does not extend, at its peak, above any part of the upper edge of the cargo container area. (As defined in Section 23114 of the California Vehicle Code for both public and private roads.)
I.5.c The cargo compartment(s) of all Haul Trucks are to be constructed and maintained so that no spillage and loss of Bulk Material can occur from holes or other openings in the cargo compartment's floor, side, and/or tailgate. Seals on any openings used to empty the load including, but not limited to, bottom-dump release gates and tailgates to be properly maintained to prevent the loss of Bulk Material from those areas.
I.5.d The cargo compartment of all Haul Trucks are to be cleaned and/or washed at delivery site after removal of Bulk Material.


J. Calexico/Mexicali Cross-Border Source Apportionment Study
A PM-10 monitoring program was completed in 1993 along the border between Imperial Valley California and the Mexicali Valley, Baja California, Mexico to determine the major contributors to PM-10 and to determine how much was contributed by transport across the international boundary. This study was funded by the U.S. Environmental Protection Agency and conducted by the University of Nevada, Desert Research Institute Energy and Environmental Engineering Center. This study is expected to be published in final form by the end of the first quarter of 1995. The Imperial County Air Pollution Control District (ICAPCD) will conduct a workshop on the study within thirty days of the formal publication date for the purpose of receiving public input on the results and recommendations contained therein. The comments received at that workshop and this Regulation will be reviewed by APCD staff and recommendations forwarded to the ICAPCD Board of Directors.

K. RACM implementation
Reasonably Available Control Measure (RACM) implemented since the date of adoption of the State Implementation Plan (SIP) for PM-10 in the Imperial Valley (September 28, 1993) can be included as a portion of any amount of PM-10 control required in this Regulation.