RULE 402 Fugitive Dust - Adopted 11/29/93, Amended 3/07/94

          I.    Purpose

                The purpose of this rule is to reduce the amount of
                respirable particulate matter (PM10) emitted from
                significant man-made fugitive dust sources in the Indian
                Wells Valley portion of Kern County and in an amount
                sufficient to attain National Ambient Air Quality
                Standards.  Rule 419 shall still be used to prevent/correct
                specific public nuisances and health hazards.

          II.   Applicability

                The provisions of this rule shall apply to specified bulk
                storage, earthmoving, construction and demolition, man-made
                conditions resulting in wind erosion, and unpaved roadways
                located in the Kern County portion of the "Searles Valley
                Planning Area" shown on page 402-12.

          III.  Definitions

                A.  Active Operation - activity capable of generating
                    fugitive dust, including any open storage pile, earth-
                    moving activity, construction/demolition activity,
                    disturbed surface area, and non-emergency movement of
                    motor vehicles on unpaved roadways and any parking lot
                    served by an unpaved road subject to this Rule.

                B.  Bulk Material - sand, gravel, soil, aggregate, and any
                    other organic or inorganic solid matter capable of
                    releasing dust.

                C.  Calendar Quarter - consecutive three month period and
                    each consecutive three-month period thereafter,
                    beginning on the first day of the calendar month in
                    which an activity qualifies as a large operation.

                D.  Construction and Demolition Activity - any on-site
                    mechanical activity preparatory to or related to
                    building, alteration, rehabilitation, demolition or
                    improvement of property, including the following
                    activities: grading, excavation, loading, crushing,
                    cutting, planing, shaping or ground breaking.

                E.  Contractor - any person or company, or licensed
                    construction contractor having a contractual 
                    arrangement to conduct an active operation subject 
                    to this Rule for another person.

                F.  Disturbed Surface Area - portion of the earth's surface
                    having been physically moved, uncovered, destabilized,
                    or otherwise modified from its undisturbed natural
                    condition, thereby increasing the potential for 
                    emission of fugitive dust.  Disturbed surface area does 
                    not include areas restored to a natural state with
                    vegetative ground cover and soil characteristics 
                    similar to adjacent or nearby natural conditions.

                G.  Dust Suppressant - water, hygroscopic materials, or 
                    non-toxic chemical stabilizers used as treatment to 
                    reduce fugitive dust emissions.  A suppressant shall 
                    not be used if prohibited by the Regional Water 
                    Quality Control Board, the California Air Resources 
                    Board, the Environmental Protection Agency, or any 
                    other applicable law, rule or regulation.  All 
                    suppressants shall meet all specifications, criteria, 
                    or tests required by any federal, state, or local 
                    water agency.  The use of dust suppressants shall be 
                    of sufficient concentration and application frequency 
                    to maintain a stabilized surface.

                H.  Earth-Moving Activity - grading, earth cutting and
                    filling, loading or unloading of dirt or bulk material,
                    adding to or removing from open storage piles of bulk
                    material, landfilling, or soil mulching.

                I.  Fugitive Dust - any particulate matter becoming
                    airborne, other than being emitted from an exhaust
                    stack, directly or indirectly as a result of human

                J.  Inactive Disturbed Surface Area - any disturbed surface
                    area upon which an active operation has not occurred for
                    a period of ten consecutive days.

                K.  Large Operation - any active operation, excluding
                    vehicle movement on roadways, on property involving in
                    excess of 100 acres of disturbed surface area, or any
                    earth-moving activity exceeding a daily volume of
                    7,700 cubic meters (10,000 cubic yards) three times
                    during the most recent 365-day period.

                L.  Motor vehicle - any engine-powered device used to 
                    convey people, or freight and registered for use on 
                    public highways.

                M.  Non-Routine - non-periodic active operation occurring 
                    no more than three times per year, lasting less than
                    30 cumulative days per year, and scheduled less than
                    30 days in advance.

                N.  Open Storage Pile - any accumulation of bulk material
                    with 5 percent or greater silt content not fully
                    enclosed, covered or chemically stabilized, and
                    attaining a height of three feet or more and a total
                    surface area of 500 or more square feet.  Silt content
                    level shall be assumed to be 5 percent or greater unless
                    a person can show, by sampling and analysis in
                    accordance with ASTM Method C-136, the silt content is
                    less.  Results of ASTM Method C-136 are valid for
                    60 days from the date the sample was taken.

                O.  Particulate Matter - any solid material, existing in 
                    a finely divided form.

                P.  PM10 - particulate matter with an aerodynamic diameter
                    smaller than or equal to 10 microns as measured by
                    California Air Resources Board Test Method 501.

                Q.  Prevailing Wind Direction - from Southwest to Northeast
                    or as specified by the Control Officer as being more
                    representative of local conditions.

                R.  Property Line - boundaries of an area in which either 
                    a person causing fugitive dust emissions or a person
                    allowing fugitive dust emissions has ownership or legal
                    right to use the property.

                S.  Reasonably Available Control Measure (RACM) - any
                    technique or procedure used to prevent or reduce the
                    emission and airborne transport of fugitive dust.
                    RACM's include, but are not limited to, application 
                    of dust suppressants, use of coverings or enclosures,
                    paving, enshrouding, planting, control of vehicle
                    speeds, and any other measure recognized by the Control
                    Officer as providing equivalent dust control.  Table I
                    (Page 402-4) and U.S. EPA's reference document "Control
                    of Open Fugitive Dust Sources", Midwest Research
                    Institute, September 1988 shall be used for guidance.

                T.  Simultaneous Sampling - operation of two PM10 samplers
                    such that one sampler is started within five minutes 
                    of the other, and each sampler is operated for a
                    consecutive period of not less than 290 minutes and 
                    not more than 310 minutes.

                U.  Stabilized surface - previously disturbed surface area
                    showing visual or other evidence of surface particle
                    conglomeration after application of a dust suppressant.

                V.  Unpaved Road - any straight or curved length of well-
                    defined travel way for motor vehicles not covered by 
                    one or the following: concrete, asphaltic concrete, or

                W.  Wind Gust - maximum instantaneous wind speed, as
                    measured by an anemometer or as provided by the 
                    nearest local meteorological station.

                                       TABLE I


              Source Category                     Control Method

          Unpaved Road                      Improve Road Surface
                                            Control Vehicular Traffic Speed
                                            Apply Dust Suppressants

          Construction/Demolition           Use Wind Breaks
            Activity                        Apply Dust Suppressants

          Earth-moving/                     Use Wind Screens
          Open Storage Pile                 Use Enclosures Around Storage
                                            Apply Dust Suppressants

          Disturbed Surface Area            Use Fences/Barriers
                                            Apply Dust Suppressants
                                            Cover with Gravel
                                            Compact Surface

          NOTE:  If water is selected as a dust suppressant, use of non-
                 potable water is encouraged.
          IV.   Exemptions

                A.  Provisions of this rule shall not apply to:

                    1.  Agricultural operations;

                    2.  Actions required by federal or state endangered
                        species legislation;

                    3.  Any disturbed surface area less than three acres on
                        residential property;

                    4.  Active operations conducted during emergency life-
                        threatening situations, or in conjunction with any
                        officially-declared disaster or state of emergency;

                    5.  Active operations conducted by essential service
                        utilities to provide electricity, natural gas,
                        telephone, water and sewer during periods of
                        service outages and emergency disruptions;

                    6.  Unpaved roads, provided such roads:

                        a.  are less than 75 feet long or,

                        b.  have a motor vehicle traffic volume less than
                            25 vehicle-trips per day, or

                        c.  have a motor vehicle traffic volume of
                            25 vehicle-trips per day or more, not more 
                            than six times per year, or

                        d.  provide access to not more than 10 residences;

                    7.  Restorative grading of unpaved shoulders of paved

                    8.  Non-routine or emergency maintenance of flood
                        control channels and water spreading basins;

                    9.  Weed and dried vegetation removal required by a
                        fire prevention/control agency;

                   10.  Active operations conducted during freezing weather
                        if applicable RACM involves application of water;

                   11.  County sanitary landfill disposal sites provided
                        such sites conform to California Code of
                        Regulations Sections 17659 and 17706;

                   12.  Blasting operations permitted by the California
                        Division of Industrial Safety;
                   13.  Motion picture, television, and video production
                        activities when dust emissions are required for
                        visual effects.  This exemption shall be obtained
                        from the Control Officer;

                   14.  Officially-designated public parks and recreational
                        areas, including national parks, national
                        monuments, national forests, state parks, state
                        recreational areas, and county regional parks;

                   15.  Any contractor subsequent to a contract termination
                        date, provided such contractor implemented
                        reasonably available control measures during the
                        contractual period; and

                   16.  Any grading contractor, for a phase of active
                        operations conducted after his completion of earth-
                        moving activities, provided such contractor
                        implemented reasonably available control measures
                        during the entire phase of earth-moving activities
                        and until the final grading inspection.

                B.  Provisions of Subsection V.A. (visible emissions limit)
                    shall not apply when wind gusts exceed 25 miles per
                    hour, provided:

                    1.  Table I (Page 402-4) Reasonably Available Control
                        Measures are implemented for each applicable
                        fugitive dust source type, or;

                    2.  A person has on file with the District an approved
                        "High Wind Fugitive Dust Control Plan" indicating
                        technical reasons why any Reasonably Available
                        Control Measure cannot be implemented.  Such Plan
                        shall provide an alternative measure of fugitive
                        dust control, if technically feasible, and shall be
                        subject to the same approval conditions as specified
                        in Section V.

                C.  If applicable, provisions of Subsection V.D.2. (large
                    operation PM10 monitoring) shall not apply for a period

                    a.  One calendar quarter for each new large operation,

                    b.  Fourteen calendar days after approval or 
                        conditional approval of a fugitive dust emission 
                        control plan.

          V.    Requirements

                A.  A person shall not cause or allow emissions of fugitive
                    dust from any active operation to remain visible in the
                    atmosphere beyond the property line of the emission
                    source.  This Subsection shall not apply to unpaved

                B.  A person shall utilize one or more Reasonably Available
                    Control Measures to minimize fugitive dust emissions
                    from each fugitive dust source type which is part of 
                    any active operation subject to this Rule, including 
                    unpaved roadways.

                C.  For any large operation, except those satisfying
                    Subsection V.D.3. (implementation of RACM's), a person
                    shall not cause or allow downwind PM10 ambient
                    concentrations to increase more than 50 micrograms per
                    cubic meter above upwind concentrations as determined 
                    by simultaneous upwind and downwind sampling.  
                    High-volume particulate matter samplers, or other 
                    EPA-approved equivalent method(s) for PM10 monitoring 
                    shall be used.  Samplers shall be:

                    a.  Operated, maintained, and calibrated in accordance
                        with 40 Code of Federal Regulations (CFR), Part 50,
                        Appendix J, or appropriate EPA-published documents
                        for EPA-approved equivalent methods(s) for PM10

                    b.  Reasonably placed upwind and downwind of the large
                        operation based on prevailing wind direction and as
                        close to the property line as feasible, such that
                        other sources of fugitive dust between the sampler
                        and the property line are minimized; and

                    c.  Operated during active operations.

                D.  Special Requirements for Large Operations

                    1.  No person shall conduct or authorize conducting a
                        large operation subject to requirements of this
                        rule without either: 1) conducting on-site PM10 air
                        quality monitoring and associated recordkeeping, or
                        2) filing for and obtaining an approved fugitive
                        dust emissions control plan pursuant to
                        Subsection V.D.3.

                    2.  Any person subject to Subsection V.D.1. electing to
                        conduct on-site PM10 monitoring and recordkeeping
                        shall take the following actions:

                        a.  Notify the Control Officer of intent to monitor
                            PM10 at least seven days prior to initiating
                            such monitoring.  Notification shall contain,
                            at a minimum, the person's name, address,
                            telephone number, brief description and
                            location of the operation(s), and anticipated
                            first date of sampling.

                        b.  Be responsible for acquisition, calibration and
                            operation of PM10 samplers.

                        c.  Collect samples on four separate days during
                            each calendar quarter.  Sampling shall be
                            conducted during typical operations, and during
                            prevailing wind direction conditions.  All
                            other provisions of this rule shall continue to
                            be applicable on days when monitoring is not

                        d.  Collect samples on four additional days during
                            one calendar quarter if requested by the
                            Control Officer based on receipt of complaints
                            from the public, visible dust emissions, or
                            other determinations by District personnel
                            indicating violations of conditions specified
                            in Subsection V. C. may be occurring.  Each
                            sampling day shall be conducted during typical
                            operations, and during prevailing wind
                            direction conditions.

                        e.  Conduct laboratory analyses in accordance with
                            40 CFR, Part 50, Appendix J for all samples
                            collected as required by Subsections V.D.2.c
                            and V.D.2.d.

                        f.  Compile and submit records to the District on a
                            quarterly basis, not later than 30 days after
                            the end of each calendar quarter.  Such records
                            shall include:

                            1) Brief description and location of the

                            2) Hours of active operations on days when
                               particulate sampling occurred;

                            3) Location, vendor, model, and serial number
                               of PM10 samplers used on each sampling day;

                            4) Date, start and end times of all PM10

                            5) Laboratory results (measured ambient
                               concentrations) of all PM10 samples;
                            6) List of consultants, laboratories, and other
                               groups of individuals responsible for
                               collection, analysis, evaluation and
                               validation of each PM10 sample; and

                            7) Documentation of any maintenance and
                               calibration actions performed on each PM10
                               sampler conducted in accordance with 40 CFR,
                               Part 50, Appendix J.

                    3.  Any person subject to Subsection V.D.1. electing to
                        obtain an approved fugitive dust emissions control
                        plan shall take the following actions:

                        a.  At least 45 calendar days prior to a calendar
                            quarter during which air monitoring would be
                            conducted in accordance with Subsection V.D.2.
                            submit to the Control Officer a fugitive dust
                            emissions control plan, including at least:

                            1) Name(s), address(es), and phone number(s) of
                               person(s) responsible for the preparation,
                               submission, and implementation of the plan;

                            2) Description and location of operation(s);

                            3) Listing of all fugitive dust emissions
                               sources within property lines;

                            4) Description of Reasonably Available Control
                               Measures to be applied to each source
                               identified in Subsection V.D.3.a.3).  Such
                               description must be sufficiently detailed to
                               demonstrate Reasonably Available Control
                               Measures will be utilized and/or installed
                               during all periods of active operations.

                        b.  If there are special technical, e.g. non-
                            economic, circumstances preventing use of
                            Reasonably Available Control Measures for any
                            source identified in Subsection V.D.3.a.3),
                            justification shall be provided in lieu of the
                            description required in Subsection V.D.3.a.4).
                            A justification statement shall explain
                            reason(s) why Reasonably Available Control
                            Measures cannot be implemented.

                    4.  The Control Officer shall either approve,
                        conditionally approve, or disapprove the plan, in
                        writing, within 30 calendar days of receipt of the
                        plan.  For a plan to be approved or conditionally
                        approved, three conditions shall be satisfied:

                        a.  All sources of fugitive dust emissions shall be
                            identified, e.g. earth-moving, storage piles,
                            vehicular traffic on unpaved roads, etc.;

                        b.  For each source identified, at least one
                            Reasonably Available Control Measure shall be
                            implemented; and

                        c.  If, after implementation of control measures,
                            visible dust emissions cross property line(s),
                            contingency measures, e.g., increased watering,
                            shall be specified for immediate

                    5.  If a plan can be conditionally approved with
                        actions not specified in the plan, the applicant
                        shall be notified in writing.  Such modifications
                        shall be incorporated into the plan within 30 days
                        of receipt of the notice of conditional approval,
                        or the plan shall be disapproved.  A letter to the
                        Control Officer stating such  modifications will be
                        incorporated into the plan shall be used as a basis
                        to approve the plan.

                    6.  Any plan disapproved by the Control Officer shall
                        require air monitoring and recordkeeping in
                        accordance with Subsection V.D.2.

                    7.  Failure to comply with any provisions in an
                        approved or conditionally approved plan shall
                        result in a violation of Subsection  V.D.1.

                    8.  An approved plan for a specific project shall be
                        valid for a period of one year from  date of
                        approval or conditional approval.  Plans shall be
                        resubmitted, annually, at least 60 days prior to
                        expiration date, or the plan shall be disapproved
                        as of the expiration date.  If all fugitive dust
                        sources and corresponding Reasonably Available
                        Control Measures or special circumstances remain
                        identical to those identified in the previously
                        approved plan, the resubmittal may contain a simple
                        statement of "no-change".  Otherwise a resubmittal
                        shall contain all items specified in
                        Subsections V.D.3.a.and V.D.3.b.

                    9.  A contractor may have on file with the District a
                        pre-approved plan or plans for one or more types of
                        large projects subject to Subsection V.D.3.  Prior
                        to initiation of any project, one or more
                        applicable pre-approved plans may be specified by
                        the contractor in lieu of filing a new plan or
                   10.  Any person subject to requirements of
                        Subsection V.D.1. making changes to an active
                        operation resulting in it not fitting the
                        definition for a large operation for a period of at
                        least one year, may request reclassification as a
                        non-large operation. To obtain this
                        reclassification, a person shall submit a request
                        in writing to the Control Officer specifying
                        actions having taken place to reduce disturbed
                        surface area and/or earth-moving process rate to
                        levels below criteria for  large operations.  A
                        person shall also indicate criteria for a large
                        operation will not be exceeded during the
                        subsequent 12-month period. The Control Officer
                        shall either approve or disapprove reclassification
                        within 60 days from receipt of a reclassification
                        request. The Control Officer shall disapprove the
                        request if indicated changes cannot be verified. If
                        approved, a person shall be relieved of all
                        requirements under Subsections V.D.1, V.D.2, and
                        V.D.3.  Any person so reclassified shall again be
                        subject to requirements of Subsection V.D.1. if, at
                        any time subsequent to reclassification, criteria
                        for large operations are met.

          VI.   Compliance Schedule

                A.  Existing sources subject to this Rule shall comply 
                    with Section V (Requirements) no later than 
                    June 1, 1994.

                B.  New sources subject to this Rule shall comply with
                    Section V upon initiation of activity.