SCAQMD RULE 403 FUGITIVE DUST
LAST REVISED 07/09/93
(Adopted May 7, 1976)(Amended November 6, 1992)(Amended July 9, 1993)
RULE 403. FUGITIVE DUST
(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
specified in the District's Rule 403 Implementation
Handbook, dated July 1993.
(3) BULK MATERIAL is sand, gravel, soil, aggregate
material less than two inches in length or diameter,
and other organic or inorganic particulate matter.
(4) 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 Environmental
Protection Agency, 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.
(5) 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.
(6) CONTRACTOR means any person who has a contractual
arrangement to conduct an active operation for
another person.
(7) 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:
(A) been restored to a natural state, such that the
vegetative ground cover and soil characteristics
are similar to adjacent or nearby natural
conditions;
(B) been paved or otherwise covered by a permanent
structure; or
(C) sustained a vegetative ground cover over at
least 95 percent of an area for a period of at
least 6 months.
(8) DUST SUPPRESSANTS are water, hygroscopic materials,
or non-toxic chemical stabilizers used as a treatment
material to reduce fugitive dust emissions.
(9) 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.
(10) 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.
(11) 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.
(12) 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.
(13) 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.
(14) 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 and the California Air
Resources Board, 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.
(15) PARTICULATE MATTER means any material, except
uncombined water, which exists in a finely divided
form as a liquid or solid at standard conditions.
(16) 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.
(17) 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.
(18) REASONABLY AVAILABLE CONTROL MEASURES are techniques
and procedures used to prevent or reduce the emission
and airborne transport of fugitive dust. 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
is contained in the Rule 403 Implementation Handbook,
dated July 1993.)
(19) SILT means any aggregate material with a particle
size less than 74 micrometers in diameter which
passes through a No. 200 Sieve.
(20) 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.
(21) STABILIZED SURFACE means:
(a) any disturbed surface area or open storage pile
which is resistant to wind-driven fugitive dust;
(b) any unpaved road surface in which any fugitive
dust plume emanating from vehicular traffic does
not exceed 20 percent opacity.
(22) 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, or asphalt. Public unpaved roads are any
unpaved roadway owned and maintained by Federal,
State, county, municipal or other governmental or
quasi-governmental agencies. Private unpaved roads
are all other unpaved roadways not defined as public.
(23) 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.
(24) WIND-DRIVEN FUGITIVE DUST means visible emissions
from any disturbed surface area which is generated by
wind action alone.
(25) 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 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.
(3) 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 EPA-approved
equivalent method for PM10 monitoring. If sampling
is conducted, 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
method(s) for PM10.
(B) Reasonably placed upwind and downwind of key
activity areas 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.
(4) A person shall:
(A) prevent visible roadway dust from being deposited
upon public paved roadways as a result of their
operations for a cumulative distance of greater
than 50 feet from any property access road
during active operations; and
(B) remove all visible roadway dust deposited upon public
paved roadways as a result of active operations
at the conclusion of each work day when active
operations cease.
(e) Special Requirements for Large Operations
(1) Any person who conducts or authorizes the conducting
of a large operation which is subject to the
requirements of this rule shall either:
(A) take the actions specified in Tables 1 and 2 for
each applicable source of fugitive dust within
the property lines and shall:
(i) notify the Executive Officer not more than
7 days after qualifying as a large
operation;
(ii) include, as part of the notification, the
items specified in subparagraphs (e)(3)(A)
and (e)(3)(B);
(iii)maintain daily records to document the
specific actions taken;
(iv) maintain such records for a period of not
less than 6 months; and
(v) make such records available to the
Executive Officer upon request; or
(B) obtain an approved fugitive dust emissions
control plan (plan).
(2) Any person subject to paragraph (e)(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 (e)(1)(B)
shall include:
(A) The name(s), address(es), and phone number(s) of
the person(s) responsible for the preparation,
submittal, and implementation of the plan;
(B) A description of the operation(s), including a
map depicting the location of the site;
(C) A listing of all sources of fugitive dust
emissions within the property lines;
(D) A description of reasonably available control
measures as applied to each of the sources
identified in subparagraph (e)(3)(C). The
description must be sufficiently detailed to
demonstrate that such reasonably available
control measures will be utilized and/or
installed during all periods of active
operations.
(4) In the event that there are special technical (e.g.,
non-economic) circumstances, including safety, which
prevent the use of at least one reasonably available
control measure for any of the sources identified in
subparagraph (e)(3)(C), a justification statement
must be provided in lieu of the description required
in subparagraph (e)(3)(D). The justification
statement must explain the reason(s) why reasonably
available control measures cannot be implemented.
(5) Within 30 calendar days of the receipt of a plan
submitted pursuant to subparagraph (e)(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:
(A) All sources of fugitive dust emissions must 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 must be
implemented, or an acceptable justification
statement pursuant to paragraph (e)(4) must be
provided; and
(C) If, after implementation of control measures,
visible dust emissions are crossing the property
line(s), then contingency measures (e.g.,
increased watering) must be specified for
immediate implementation.
(6) Conditional approval will be made if conditions are
met, but the stated measures do not satisfactorily
conform to the guidance contained in the 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 (e)(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:
(A) The reasons for disapproval shall be given to the
applicant in writing.
(B) Within 7 days of the receipt of a notice of a
disapproved plan, the applicant shall comply
with the actions specified in Tables 1 and 2 for
each applicable source of fugitive dust within
the property lines.
(C) The applicant may resubmit a plan at any time
after receiving a disapproval notification, but
will not be relieved of complying with
subparagraph (e)(7)(B) until such time as the
plan has been approved.
(8) Failure to comply with any of the provisions in an
approved or conditionally approved plan shall be a
violation of subdivision (e).
(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 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 must contain all
the items specified in subparagraphs (e)(3)(A through
D).
(10) Any person subject to the requirements of paragraph
(e)(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 may request a
reclassification as a non-large operation. 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. If approved, the
person shall be relieved of all requirements under
subdivision (e). Any person so reclassified would
again be subject to the requirements of subdivision
(e) if at any time subsequent to the reclassification
the criteria for large operations are met.
(11) A person responsible for more than one large
operation at non-contiguous sites may submit one plan
covering multiple sites provided that:
(A) the contents of the plan apply similarly to all
sites; and
(B) specific information is provided for each site,
including, map of site location, address,
description of operations, and a listing of all
sources of fugitive dust emissions within the
property lines.
(f) Compliance Schedule
All newly amended provisions of this rule shall become
effective upon adoption of this Rule Amendment. Pursuant
to subdivision (e), 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 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 (e)(9).
(g) Exemptions
(1) The provisions of this rule shall not apply to:
(A) Agricultural operations;
(B) Any disturbed surface area less than one-half
(1/2) acre on residential property;
(C) Active operations conducted during emergency
life-threatening situations, or in conjunction
with any officially declared disaster or state
of emergency.
(D) Active operations conducted by essential service
utilities to provide electricity, natural gas,
telephone, water and sewer during periods of
service outages and emergency disruptions.
(E) Any contractor subsequent to the time the
contract ends, provided that such contractor
implemented reasonably available control
measures during the contractual period.
(F) Any grading contractor, for a phase of active
operations, subsequent to the contractual
completion of that phase of earth-moving
activities, provided that reasonably available
control measures have been implemented during
the entire phase of earth-moving activities,
through and including five days after the final
grading inspection.
(G) Weed abatement operations ordered by a county
agricultural commissioner or any state, county,
or municipal fire department, provided that:
(i) mowing, cutting or other similar process is
used which maintains weed stubble at least
three inches above the soil; or
(ii) any discing or similar operation which cuts
into and disturbs the soil is used and
meets the following conditions:
[a] A determination is made by the issuing
agency of the weed abatement order
that, due to fire hazard conditions,
rocks, or other physical obstructions,
it is not practical to meet the
conditions specified in clause
(g)(1)(G)(i); and
[b] Such determination is made in writing
and provided to the person conducting
the weed abatement operation prior to
beginning such activity; and
[c] Such written determination is provided
to the Executive Officer upon request
from the person conducting the weed
abatement operation.
(Note: The provisions of clause (g)(1)(G)(ii) do
not exempt the owner of any property from
controlling fugitive dust emissions
emanating from disturbed surface areas
which have been created as a result of the
weed abatement actions.)
(2) The provisions of paragraphs (d)(1) and (d)(3) shall
not apply:
(A) When wind gusts exceed 25 miles per hour,
provided that:
(i) Reasonably available control measures for
high wind conditions are implemented for
each applicable fugitive dust source type,
as specified in Table 1, and;
(ii) Records are maintained in accordance with
clauses (e)(1)(A)(iii), (e)(1)(A)(iv) and
(e)(1)(A)(v); and
(iii)In the event there are technical (e.g.,
non-economic) reasons, including safety,
why any of the reasonably available control
measures in Table 1 cannot be implemented
for one or more fugitive dust source
categories, a person submits a "High Wind
Fugitive Dust Control Plan" (HW-Plan). The
HW-Plan must further provide an alternative
measure of fugitive dust control, if
technically feasible. Such plan will be
subject to the same approval conditions as
specified in subparagraphs (e)(5) and
(e)(6);
(B) To unpaved roads, provided such roads:
(i) are used for the maintenance of wind-
generating equipment; or
(ii) meet all of the following criteria:
[a] are less than 50 feet in width at all
points along the road;
[b] are within 25 feet of the property
line; and
[c] have a traffic volume less than 20
vehicle-trips per day.
(C) To any active operation, open storage pile, or
disturbed surface area for which necessary
fugitive dust preventive or mitigative actions
are in conflict with the federal Endangered
Species Act.
(D) To non-routine or emergency maintenance of flood
control channels and water spreading basins.
(3) The provisions of paragraphs (d)(1), (d)(2), and
(d)(3) shall not apply to:
(A) Blasting operations which have been permitted by the
California Division of Industrial Safety; and
(B) Motion picture, television, and video production
activities when dust emissions are required for
visual effects. In order to obtain this
exemption, the Executive Officer must receive
notification in writing at least 72 hours in
advance of any such activity.
(4) The provisions of paragraph (d)(3) 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:
(A) maintain records to document the dates of active
operations, all applicable fugitive dust source
types, and the actions taken consistent with
Table 2;
(B) retain such records for a period of at least six
months; and
(C) make such records available to the Executive
Officer upon request.
(5) The provisions of paragraph (d)(4) 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 (e) shall not apply to:
(A) officially-designated public parks and
recreational areas, including national parks,
national monuments, national forests, state
parks, state recreational areas, and county
regional parks;
(B) any construction and/or earth-moving activity in
which the completion date is expected to be less
than 60 days after the beginning date. To
qualify for this exemption, a person must:
(i) notify the Executive Officer not more than
7 days after qualifying as a large
operation;
(ii) include, as part of the notification, the
items specified in subparagraphs (e)(3)(A)
and (e)(3)(B); and
(iii)take the actions specified in Tables 1 and
2 at such time as the construction and/or
earth-moving activities extend more than 60
days after qualifying as a large operation.
(C) any large operation which is required to submit
a dust control plan to any city or county
government which has adopted a District-approved
dust control ordinance. To qualify for this
exemption, a person must submit a copy of the
city- or county-approved dust control plan to
the Executive Officer within 30 days of the
effective date of this rule or within 30 days of
receiving approval by the city or county
government, whichever is later.
(D) any large operation subject to Rule 1158, which
has an approved dust control plan pursuant to
Rule 1158, provided that all sources of fugitive
dust are included in the Rule 1158 plan.
(h) Fees
(1) Any person subject to a plan submittal pursuant to
subparagraph (e)(1)(A) or clause (g)(2)(A)(iii) shall
be assessed applicable filing and evaluation fees
pursuant to Rule 306 Any person who simultaneously
submits a plan pursuant to subparagraph (e)(1)(A) and
clause (g)(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 (e)(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)(3) 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)(3) or meets the requirements of
paragraph (d)(3).
TABLE 1
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; 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 once per hour during active
operation, OR
(3C)Stop all vehicular traffic
Open storage piles
(1D) Apply water 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.
TABLE 2
DUST CONTROL ACTIONS FOR EXEMPTION FROM PARAGRAPH (d)(3)
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 and the California Air
Resources Board. 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 and the California Air
Resources Board. 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, 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.
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.
TABLE 2 (Continued)
Disturbed surface areas (except completed grading areas)
(2a/b)Apply dust suppressants in sufficient
quantity and frequency to maintain a
stabilized surface; AND
Apply water at least twice per day to
at least 70 percent of all unstabilized
disturbed surface areas.
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 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 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.
Unpaved Roads
(4a) Water all roads used for any vehicular
traffic at least three times per 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 70 percent of
the surface area of all open storage
piles on a daily basis when there is
evidence of wind driven fugitive dust.