SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT

RULE 403 - FUGITIVE DUST
(Adopted May 7, 1976)(Amended November 6, 1992)(Amended July 9, 1993)
(Amended February 14, 1997)(Amended December 11, 1998)


(a) Purpose
The purpose of this rule is to reduce the amount of particulate matter entrained in the ambient air as a result of anthropogenic (man-made) fugitive dust sources by requiring actions to prevent, reduce or mitigate fugitive dust emissions.

(b) Applicability
The provisions of this rule shall apply to any activity or man-made condition capable of generating fugitive dust.

(c) Definitions

    (1) ACTIVE OPERATIONS shall mean any activity capable of generating fugitive dust, including, but not limited to, earth-moving activities, construction/demolition activities, or heavy- and light-duty vehicular movement.

    (2) ANEMOMETERS are devices used to measure wind speed and direction in accordance with the performance standards, and maintenance and calibration criteria as contained in the most recent Rule 403 Implementation Handbook, now or hereafter adopted by the Governing Board.

    (3) BEST AVAILABLE CONTROL MEASURES represent fugitive dust control actions which are required to be implemented within the boundaries of the South Coast Air Basin. A detailed listing of best available control measures for each fugitive dust source type shall be as contained in the most recent Rule 403 Implementation Handbook, now or hereafter adopted by the Governing Board.

    (4) BULK MATERIAL is sand, gravel, soil, aggregate material less than two inches in length or diameter, and other organic or inorganic particulate matter.

    (5) CHEMICAL STABILIZERS mean any non-toxic chemical dust suppressant which must not be used if prohibited for use by the Regional Water Quality Control Boards, the California Air Resources Board, the U.S. Environmental Protection Agency (U.S. EPA), or any applicable law, rule or regulation; and should meet any specifications, criteria, or tests required by any federal, state, or local water agency. Unless otherwise indicated, the use of a non-toxic chemical stabilizer shall be of sufficient concentration and application frequency to maintain a stabilized surface.

    (6) CONSTRUCTION/DEMOLITION ACTIVITIES are any on-site mechanical activities preparatory to or related to the building, alteration, rehabilitation, demolition or improvement of property, including, but not limited to the following activities; grading, excavation, loading, crushing, cutting, planing, shaping or ground breaking.

    (7) CONTINGENCY NOTIFICATION means that the U.S. EPA has determined and notified the District in writing that PM10 contingency requirements must be implemented based on a finding that: (1) PM10 and PM10 precursor emissions reductions were less than required at any three-year milestone reporting interval, or (2) the region failed to attain the PM10 standards within the time frames allotted under the Federal Clean Air Act, or (3) if as part of an Attainment/Maintenance Plan, the region is no longer in attainment of the PM10 standards.

    (8) CONTRACTOR means any person who has a contractual arrangement to conduct an active operation for another person.

    (9) DISTURBED SURFACE AREA means a portion of the earth's surface which has been physically moved, uncovered, destabilized, or otherwise modified from its undisturbed natural soil condition, thereby increasing the potential for emission of fugitive dust. This definition excludes those areas which have:

    (10) DUST SUPPRESSANTS are water, hygroscopic materials, or non-toxic chemical stabilizers used as a treatment material to reduce fugitive dust emissions.

    (11) EARTH-MOVING ACTIVITIES shall include, but not be limited to, grading, earth cutting and filling operations, loading or unloading of dirt or bulk materials, adding to or removing from open storage piles of bulk materials, landfill operations, or soil mulching.

    (12) FUGITIVE DUST means any solid particulate matter that becomes airborne, other than that emitted from an exhaust stack, directly or indirectly as a result of the activities of man.

    (13) INACTIVE DISTURBED SURFACE AREA means any disturbed surface area upon which active operations have not occurred or are not expected to occur for a period of ten consecutive days.

    (14) LARGE OPERATIONS means any active operations on property which contains in excess of 100 acres of disturbed surface area; or any earth-moving operation which exceeds a daily earth-moving or throughput volume of 7,700 cubic meters (10,000 cubic yards) three times during the most recent 365-day period.

    (15) MEDIUM OPERATIONS means any active operations on property which contains between 50 and 100 acres of disturbed surface area; or any earth-moving operation with a daily earth-moving or throughput volume of between 3,850 cubic meters (5,000 cubic yards) and 7,700 cubic meters (10,000 cubic yards) three times during the most recent 365-day period.

    (16) NON-ROUTINE means any non-periodic active operation which occurs no more than three times per year, lasts less than 30 cumulative days per year, and is scheduled less than 30 days in advance.

    (17) OPEN STORAGE PILE is any accumulation of bulk material with 5 percent or greater silt content which is not fully enclosed, covered or chemically stabilized, and which attains a height of three feet or more and a total surface area of 150 or more square feet. Silt content level is assumed to be 5 percent or greater unless a person can show, by sampling and analysis in accordance with ASTM Method C-136 or other equivalent method approved in writing by the Executive Officer, the California Air Resources Board, and the U. S. EPA, that the silt content is less than 5 percent. The results of ASTM Method C-136 or equivalent method are valid for 60 days from the date the sample was taken.

    (18) PARTICULATE MATTER means any material, except uncombined water, which exists in a finely divided form as a liquid or solid at standard conditions.

    (19) PAVED ROAD means an improved street, highway, alley, public way, or easement that is covered by typical roadway materials excluding access roadways that connect a facility with a public paved roadway and are not open to through traffic. Public paved roads are those open to public access and that are owned by any federal, state, county, municipal or any other governmental or quasi-governmental agencies. Private paved roads are any paved roads not defined as public.

    (20) PM10 is particulate matter with an aerodynamic diameter smaller than or equal to 10 microns as measured by the applicable State and Federal reference test methods.

    (21) PROPERTY LINE means the boundaries of an area in which either a person causing the emission or a person allowing the emission has the legal use or possession of the property. Where such property is divided into one or more sub-tenancies, the property line(s) shall refer to the boundaries dividing the areas of all sub-tenancies.

    (22) REASONABLY AVAILABLE CONTROL MEASURES are appropriate techniques and procedures used to prevent or reduce the emission and airborne transport of fugitive dust, outside the boundaries of the South Coast Air Basin. These include, but are not limited to, application of dust suppressants, use of coverings or enclosures, paving, enshrouding, planting, reduction of vehicle speeds, and other measures as specified by the Executive Officer. A detailed listing of reasonably available control measures for each fugitive dust source type shall be as contained in the most recent Rule 403 Implementation Handbook, now or hereafter adopted by the Governing Board.

    (23) SILT means any aggregate material with a particle size less than 74 micrometers in diameter which passes through a No. 200 Sieve.

    (24) SIMULTANEOUS SAMPLING means the operation of two PM10 samplers in such a manner that one sampler is started within five minutes of the other, and each sampler is operated for a consecutive period which must be not less than 290 minutes and not more than 310 minutes.

    (25) SOUTH COAST AIR BASIN means the non-desert portions of Los Angeles, Riverside, and San Bernardino counties and all of Orange County as defined in California Code of Regulations, Title 17, Section 60104. The area is bounded on the west by the Pacific Ocean, on the north and east by the San Gabriel, San Bernardino, and San Jacinto Mountains, and on the south by the San Diego county line.

    (26) STABILIZED SURFACE means:

    (27) UNPAVED ROADS are any unsealed or unpaved roads, equipment paths, or travel ways that are not covered by one of the following: concrete, asphaltic concrete, recycled asphalt, asphalt or other materials with equivalent performance as determined by the Executive Officer, the California Air Resources Board, and the U.S. EPA. Public unpaved roads are any unpaved roadway owned by Federal, State, county, municipal or other governmental or quasi-governmental agencies. Private unpaved roads are all other unpaved roadways not defined as public.

    (28) VISIBLE ROADWAY DUST means any sand, soil, dirt, or other solid particulate matter which is visible upon paved road surfaces and which can be removed by a vacuum sweeper or a broom sweeper under normal operating conditions.

    (29) WIND-DRIVEN FUGITIVE DUST means visible emissions from any disturbed surface area which is generated by wind action alone.

    (30) WIND GUST is the maximum instantaneous wind speed as measured by an anemometer.

(d) Requirements

    (1) A person shall not cause or allow the emissions of fugitive dust from any active operation, open storage pile, or disturbed surface area such that the presence of such dust remains visible in the atmosphere beyond the property line of the emission source.

    (2) A person conducting active operations within the boundaries of the South Coast Air Basin shall utilize one or more of the applicable best available control measures to minimize fugitive dust emissions from each fugitive dust source type which is part of the active operation.

    (3) A person conducting active operations outside the boundaries of the South Coast Air Basin may utilize reasonably available control measures in lieu of best available control measures to minimize fugitive dust emissions from each fugitive dust source type which is part of the active operation.

    (4) A person shall not cause or allow PM10 levels to exceed 50 micrograms per cubic meter when determined, by simultaneous sampling, as the difference between upwind and downwind samples collected on high-volume particulate matter samplers or other U.S. EPA-approved equivalent method for PM10 monitoring. If sampling is conducted, samplers shall be:

    (5) Any person in the South Coast Air Basin shall:

(e) Contingency Requirements
When a contingency notification has occurred, the requirements of this subdivision shall become effective in the county subject to the notification 60 days after the first publication date in newspapers of general circulation in that county. Such publication shall specify that a contingency notification has occurred, and that any person who conducts or authorizes the conducting of a medium operation shall be required to comply with the provisions of subdivision (f), in addition to the requirements of subdivision (d).

(f) Special Requirements for Large Operations, and Medium Operations Under a Contingency Notification

    (1) Any person who conducts or authorizes the conducting of either a large operation which is subject to the requirements of this rule, or a medium operation under a contingency notification as set forth in subdivision (e), shall either:

    (2) Any person subject to paragraph (f)(1) who elects to obtain an approved fugitive dust emission control plan must submit the plan to the Executive Officer no later than 30 days after the activity becomes a large operation.

    (3) Any plan prepared pursuant to subparagraph (f)(1)(B) shall include:

    (4) In the event that there are special technical (e.g., non-economic) circumstances, including safety, which prevent the use of at least one of the required control measure for any of the sources identified in subparagraph (f)(3)(C), a justification statement must be provided in lieu of the description required in subparagraph (f)(3)(D). The justification statement must explain the reason(s) why the required control measures cannot be implemented.

    (5) Within 30 calendar days of the receipt of a plan submitted pursuant to subparagraph (f)(1)(B), the Executive Officer will either approve, conditionally approve, or disapprove the plan , in writing. For a plan to be approved or conditionally approved, three conditions must be satisfied:

    (6) Conditional approval will be made if conditions are met, but the stated measures do not satisfactorily conform to the guidance contained in the applicable Rule 403 Implementation Handbook. If a plan is conditionally approved, the conditions necessary to modify the plan will be provided in writing to the person(s) identified in subparagraph (f)(3)(A). Such modifications must be incorporated into the plan within 30 days of the receipt of the notice of conditional approval, or the plan shall be disapproved. A letter to the Executive Officer stating that such modifications will be incorporated into the plan shall be deemed sufficient to result in approval of the plan.

    (7) If a plan is disapproved by the Executive Officer:

    (8) Failure to comply with any of the provisions in an approved or conditionally approved plan shall be a violation of subdivision (f).

    (9) Any approved plan shall be valid for a period of one year from the date of approval or conditional approval of the plan. Plans must be resubmitted annually, at least 60 days prior to the expiration date, or the plan shall become disapproved as of the expiration date. If all fugitive dust sources and corresponding 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 must contain all the items specified in subparagraphs (f)(3)(A through D).

    (10) Any person subject to the requirements of paragraph (f)(1) who no longer exceeds, and does not expect to exceed for a period of at least one year, the criteria for a large operation or a medium operation under a contingency notification may request a reclassification as a non-large operation not subject to subparagraph (f). To obtain this reclassification, a person must submit a request in writing to the Executive Officer specifying the conditions which have taken place to reduce the disturbed surface area and/or the earth-moving or throughput conditions to levels below the criteria for large operations. A person must further indicate that the criteria for large operations are not expected to be exceeded during the subsequent 12-month period. The Executive Officer shall either approve or disapprove the reclassification within 60 days from receipt of the reclassification request. The Executive Officer will disapprove the request if the indicated changes can not be verified to be below the criteria for large operations or a medium operation under a contingency notification. If approved, the person shall be relieved of all requirements under subdivision (f). Any person so reclassified would again be subject to the requirements of subdivision (f) if at any time subsequent to the reclassification the criteria for large operations or a medium operation under a contingency notification are met.

    (11) A person responsible for more than one operation subject to subparagraph (f) at non-contiguous sites may submit one plan covering multiple sites provided that:

(g) Compliance Schedule
All the newly amended provisions of this rule shall become effective upon adoption of this Rule Amendment. Pursuant to subdivision (f), any fugitive dust emission control plan which has been approved or conditionally approved prior to the date of adoption of these amendments shall remain in effect and the plan approval date and annual resubmittal date shall remain unchanged. If any changes to such plans are necessary as a result of these amendments, such changes shall not be required until the annual resubmittal date, pursuant to paragraph (f)(9).

(h) Exemptions

    (1) The provisions of this rule shall not apply to: (2) The provisions of paragraphs (d)(1) and (d)(4) shall not apply:

    (3) The provisions of paragraphs (d)(1), (d)(2), and (d)(4) shall not apply to:

    (4) The provisions of paragraph (d)(4) shall not apply if the dust control actions, as specified in Table 2, are implemented on a routine basis for each applicable fugitive dust source type. To qualify for this exemption, a person must:

    (5) The provisions of paragraph (d)(5) shall not apply to earth coverings of public paved roadways where such coverings are approved by a local government agency for the protection of the roadway, and where such coverings are used as roadway crossings for haul vehicles.

    (6) The provisions of subdivision (f) shall not apply to:

(i) Fees

    (1) Any person subject to a plan submittal pursuant to subparagraph (f)(1)(B) or clause (h)(2)(A)(iii) or subparagraph (h)(1)(B) shall be assessed applicable filing and evaluation fees pursuant to Rule 306. Any person who simultaneously submits a plan pursuant to subparagraph (f)(1)(B) and clause (h)(2)(A)(iii) shall, for the purpose of this rule, be deemed to submit one plan.

    (2) The submittal of an annual statement of no-change, pursuant to paragraph (f)(9), shall not be considered as an annual review, and therefore shall not be subject to annual review fees, pursuant to Rule 306.

    (3) The owner/operator of any facility for which the Executive Officer conducts upwind/downwind monitoring for PM10 pursuant to paragraph (d)(4) shall be assessed applicable Ambient Air Analysis Fees pursuant to Rule 304.1. Applicable fees shall be waived for any facility which is exempted from paragraph (d)(4) or meets the requirements of paragraph (d)(4).

    TABLE 1
    BEST [REASONABLY] AVAILABLE CONTROL MEASURES FOR HIGH WIND CONDITIONS
    FUGITIVE DUST SOURCE CATEGORY

     

    CONTROL MEASURES
    Earth-moving

    (1A)

    Cease all active operations; OR
     

    (2A)

    Apply water to soil not more than 15 minutes prior to moving such soil.
    Disturbed surface areas

    (0B)

    On the last day of active operations prior to a weekend, holiday, or any other period when active operations will not occur for not more than four consecutive days: apply water with a mixture of chemical stabilizer diluted to not less than 1/20 of the concentration required to maintain a stabilized surface for a period of six months; OR
     

    (1B)

    Apply chemical stabilizers prior to wind event; OR
     

    (2B)

    Apply water to all unstabilized disturbed areas 3 times per day. If there is any evidence of wind driven fugitive dust, watering frequency is increased to a minimum of four times per day; OR
     

    (3B)

    Take the actions specified in Table 2, Item (3c); OR
     

    (4B)

    Utilize any combination of control actions (1B), (2B), and (3B) such that, in total, these actions apply to all disturbed surface areas.
    Unpaved roads

    (1C)

    Apply chemical stabilizers prior to wind event; OR
     

    (2C)

    Apply water twice [once] per hour during active operation; OR
     

    (3C)

    Stop all vehicular traffic.
    Open storage piles

    (1D)

    Apply water twice [once] per hour; OR
     

    (2D)

    Install temporary coverings.
    Paved road track-out

    (1E)

    Cover all haul vehicles; OR
     

    (2E)

    Comply with the vehicle freeboard requirements of Section 23114 of the California Vehicle Code for both public and private roads.
    All Categories

    (1F)

    Any other control measures approved by the Executive Officer and the U.S. EPA as equivalent to the methods specified in Table 1 may be used.

    * Measures in [brackets] are reasonably available control measures and only apply to sources not within the South Coast Air Basin.

    TABLE 2
    DUST CONTROL ACTIONS FOR EXEMPTION FROM PARAGRAPH (d)(4)
    FUGITIVE DUST SOURCE CATEGORY   CONTROL ACTIONS
    Earth-moving (except construction cutting and filling areas, and mining operations) (1a) Maintain soil moisture content at a minimum of 12 percent, as determined by ASTM method D-2216, or other equivalent method approved by the Executive Officer, the California Air Resources Board, and the U.S. EPA. Two soil moisture evaluations must be conducted during the first three hours of active operations during a calendar day, and two such evaluations each subsequent four-hour period of active operations; OR
      (1a-1) For any earth-moving which is more than 100 feet from all property lines, conduct watering as necessary to prevent visible dust emissions from exceeding 100 feet in length in any direction.
    Earth-moving: Construction fill areas: (1b) Maintain soil moisture content at a minimum of 12 percent, as determined by ASTM method D-2216, or other equivalent method approved by the Executive Officer, the California Air Resources Board, and the U.S. EPA. For areas which have an optimum moisture content for compaction of less than 12 percent, as determined by ASTM Method 1557 or other equivalent method approved by the Executive Officer and the California Air Resources Board and the U.S. EPA, complete the compaction process as expeditiously as possible after achieving at least 70 percent of the optimum soil moisture content. Two soil moisture evaluations must be conducted during the first three hours of active operations during a calendar day, and two such evaluations during each subsequent four-hour period of active operations.

    * Measures in [brackets] are reasonably available control measures and only apply to sources not within the South Coast Air Basin.

    TABLE 2 (Continued)

    FUGITIVE DUST SOURCE CATEGORY   CONTROL ACTIONS
    Earth-moving: Construction cut areas and mining operations: (1c) Conduct watering as necessary to prevent visible emissions from extending more than 100 feet beyond the active cut or mining area unless the area is inaccessible to watering vehicles due to slope conditions or other safety factors.
    Disturbed surface areas (except completed grading areas) (2a/b) Apply dust suppression in sufficient quantity and frequency to maintain a stabilized surface. Any areas which cannot be stabilized, as evidenced by wind driven fugitive dust must have an application of water at least twice per day to at least 80 [70] percent of the unstabilized area.
    Disturbed surface areas: Completed grading areas (2c) Apply chemical stabilizers within five working days of grading completion; OR
      (2d) Take actions (3a) or (3c) specified for inactive disturbed surface areas.
    Inactive disturbed surface areas (3a) Apply water to at least 80 [70] percent of all inactive disturbed surface areas on a daily basis when there is evidence of wind driven fugitive dust, excluding any areas which are inaccessible to watering vehicles due to excessive slope or other safety conditions; OR
      (3b) Apply dust suppressants in sufficient quantity and frequency to maintain a stabilized surface; OR
      (3c) Establish a vegetative ground cover within 21 [30] days after active operations have ceased. Ground cover must be of sufficient density to expose less than 30 percent of unstabilized ground within 90 days of planting, and at all times thereafter; OR
      (3d) Utilize any combination of control actions (3a), (3b), and (3c) such that, in total, these actions apply to all inactive disturbed surface areas.

    * Measures in [brackets] are reasonably available control measures and only apply to sources not within the South Coast Air Basin.

    TABLE 2 (Continued)

    FUGITIVE DUST SOURCE CATEGORY   CONTROL ACTIONS
    Unpaved Roads (4a) Water all roads used for any vehicular traffic at least once per every two hours of active operations [3 times per normal 8 hour work day]; OR
      (4b) Water all roads used for any vehicular traffic once daily and restrict vehicle speeds to 15 miles per hour; OR
      (4c) Apply a chemical stabilizer to all unpaved road surfaces in sufficient quantity and frequency to maintain a stabilized surface.
    Open storage piles (5a) Apply chemical stabilizers; OR
      (5b) Apply water to at least 80 [70] percent of the surface area of all open storage piles on a daily basis when there is evidence of wind driven fugitive dust; OR
      (5c) Install temporary coverings; OR
      (5d) Install a three-sided enclosure with walls with no more than 50 percent porosity which extend, at a minimum, to the top of the pile.
    All Categories (6a) Any other control measures approved by the Executive Officer and the U.S. EPA as equivalent to the methods specified in Table 2 may be used.

    * Measures in [brackets] are reasonably available control measures and only apply to sources not within the South Coast Air Basin.

    TABLE 3
    TRACK-OUT CONTROL OPTIONS
    PARAGRAPH (d)(5)(B)
    CONTROL OPTIONS

    (1) Pave or apply chemical stabilization at sufficient concentration and frequency to maintain a stabilized surface starting from the point of intersection with the public paved surface, and extending for a centerline distance of at least 100 feet and a width of at least 20 feet.
       
    (2) Pave from the point of intersection with the public paved road surface, and extending for a centerline distance of at least 25 feet and a width of at least 20 feet, and install a track-out control device immediately adjacent to the paved surface such that exiting vehicles do not travel on any unpaved road surface after passing through the track-out control device.
       
    (3) Any other control measures approved by the Executive Officer and the U.S. EPA as equivalent to the methods specified in Table 3 may be used.