(Adopted 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 vehicular travel on paved and unpaved roads, and at livestock operations.

(b) Applicability
The provisions of this rule shall apply to specified land uses and activities conducted within the South Coast Air Basin portion of the South Coast Air Quality Management District which result in fugitive dust.

(c) Definitions

    (1) AVERAGE DAILY TRIPS (ADT) means the average number of vehicles that cross a given surface during a specified 24-hour time period as determined by the most recent Institute of Transportation Engineers trip generation manual, tube counts, or observations.

    (2) 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 (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.

    (3) CHEMICAL STABILIZATION means a method of dust control implemented by a person to mitigate fugitive dust and corresponding PM10 emissions which involves the use of non-toxic chemical stabilizers in sufficient quantities to maintain a stabilized surface.

    (4) 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.

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

    (6) ESSENTIAL PUBLIC SERVICES are sewage treatment facilities, prisons, police facilities, fire fighting facilities, schools, hospitals, landfills, and water delivery operations.

    (7) FEED LANE ACCESS AREAS are roads providing access from the feed preparation areas to and including feed lane areas at a livestock operation. These access roads are typically used to distribute feed from feed trucks to the animals.

    (8) 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.

    (9) LIVESTOCK OPERATIONS means any operation directly related to the raising of more than 50 animals for the primary purpose of making a profit or for a livelihood.

    (10) OWNER/OPERATOR is any person who owns, leases, or operates a land use or activity subject to the requirements of this rule.

    (11) 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.

    (12) 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.

    (13) PM10-EFFICIENT STREET SWEEPERS are street cleaning equipment designed to prevent the venting of particulate matter 10 microns or less that has been outfitted with a filter, bag house, cyclone or other system.

    (14) 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.

    (15) STABILIZED SURFACE means:

    (16) STREET CLEANING means the removal of post-event visible roadway accumulations using street sweeping equipment, front end loaders, haul vehicles, manual shoveling, street flushing, or any other methods determined effective by the responsible agency.

    (17) TYPICAL ROADWAY MATERIALS are concrete, asphaltic concrete, recycled asphalt, asphalt or any other material of equivalent performance as determined by the Executive Officer, the California Air Resources Board, and the U.S. EPA.

    (18) UNPAVED ACCESS CONNECTIONS are any unpaved road connection with a paved public road.

    (19) UNPAVED ALLEY means any roadway not exceeding 25 feet in width which is primarily used for access to the rear or side entrances of abutting property that is not covered by one of the following: concrete, asphaltic concrete, recycled asphalt, or asphalt.

    (20) 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, or asphalt. 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. This definition excludes horse trails, hiking paths, bicycle paths, or other similar pathways used exclusively for purposes other than travel by motorized vehicles.

    (21) VISIBLE ROADWAY ACCUMULATIONS means the deposit of particulate matter onto paved roads as a result of wind or water erosion, haul vehicle spillage, or any other event excluding vehicular track-out, which results in the accumulation of visible roadway dust covering a contiguous area in excess of 200 square feet.

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

(d) Requirements

    Paved Roads

    (1) Any owner or operator of a paved public road on which there is visible roadway accumulations shall begin removal of such material through street cleaning within 72 hours following any notification of the accumulation and shall completely remove such material as soon as feasible. If removal cannot be completed within 10 days of notification, the owner/operator shall notify the Executive Officer and provide information on the location of the accumulation(s) and estimated removal completion date.

    (2) Any agency intending to purchase, lease, or otherwise contract for street sweeper equipment shall be required to procure PM10-efficient street sweeping equipment after January 1, 2000.

    Unpaved Roads

    (3) Any owner or operator of an unpaved public road shall annually treat unpaved roads that have greater than the average ADT of all unpaved roads in its jurisdiction (as determined by the owner/operator) beginning January 1, 1998 and each of the 8 calendar years thereafter by either:

    Livestock Operations

    (4) Any owner or operator of a livestock operation shall cease all hay grinding activities between 2 and 5 p.m. if visible emissions extend more than 50 feet from a hay grinding source.

    (5) Any owner or operator of a livestock operation shall treat all unpaved access connections and unpaved feed lane access areas with either pavement, gravel (maintained to a depth of four inches), or asphaltic road-base no later than January 1, 1998.

(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 paragraph (e)(1) is to be implemented within 60 days of a contingency notification.

    Paved Roads

    (1) Any owner or operator of public or private paved roads shall construct, or require to be constructed, all new or widened paved roads in accordance with the American Association of State Highway and Transportation Officials (AASHTO) guidelines or the applicable equivalent locally adopted guidelines for curbing, width of shoulders, and medians as specified below:

(f) Recordkeeping

    (1) Any person subject to paragraph (d)(3) shall maintain records that document compliance with the requirements specified in paragraph (d)(3). Such records must be updated annually and must be made available to the Executive Officer upon request.

(g) Effective Date
All provisions of this rule shall become effective upon adoption of this Rule.

(h) Exemptions

    (1) The provisions of this rule shall not apply to sources with an approved Rule 1158 (Storage, Handling, and Transport of Petroleum Coke) plan provided that all sources of fugitive dust are included in the plan and the control actions are sufficient to comply with the performance standards contained in Rule 403.

    (2) The provisions of this rule shall not apply to essential public services that are in compliance with District Rule 403 (Fugitive Dust).

    (3) The provisions of paragraph (d)(1) shall not apply to:

    (4) An owner or operator of a paved road shall be exempt from the provisions of paragraph (d)(2) provided that PM10-efficient street sweepers have been purchased and are being used on all swept paved roads, other than the portion of exempt paved roads [defined as paved public roads that: 1) have curbs, or paved road shoulders in excess of four feet and 2) are not within 1,000 feet of an unpaved road], and the owner or operator of a paved road submits annually the following to the Executive Officer:

    (5) The provisions of paragraph (d)(3) shall not apply to:

    (6) The provisions of paragraphs (d)(3), (d)(4), and (d)(5) shall not apply to livestock operations whose contiguous bounded areas include less than ten acres.

    (7) The provisions of subparagraph (e)(1)(A) shall not apply to unpaved road shoulders provided that the area extending eight feet from the outside edge of the pavement is landscaped and maintained with grass or other vegetative ground cover.

(i) Alternative Control Options
In lieu of complying with the provisions of paragraphs (d)(3) and (d)(5) and subdivision (e), a person may submit for approval by the Executive Officer and the U.S. Environmental Protection Agency a plan for achieving equivalent emissions reductions through alternative control measures.