                 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            REGION IX AIR DIVISION

                          Technical Support Document

                          EPA's Proposed Rulemaking

                                    For the

                               State of Arizona
                   Pinal County Air Quality Control District

          Chapter 4, Article 3, Construction Sites  -  Fugitive Dust

                       Prepared by:  Christine Vineyard

                                  March 2016

RULE IDENTIFICATION

Agency
Pinal County Air Quality Control District (PCAQCD)

SIP-approved Rule
None
Subject of this TSD
Chapter 4, Article 3  -  Construction Sites  - Fugitive Dust
Adopted  -  December 21, 2015
Submitted  -  December 21, 2015

Completeness Finding
March 21, 2016

RULE SUMMARY

Applicability
The purpose of PCAQCD Article 3 is to control fugitive dust emissions from process activity, site activity and unstabilized surfaces associated with construction activities. This article is effective throughout the West Pinal County PM10 Moderate Nonattainment area and excludes the rest of Pinal County and the Pinal County portion of the Phoenix PM10 Serious Nonattainment area which is covered under PCAQCD Chapter 4, Article 7.

Exemptions
The standards and requirements of this article do not apply to:
 Any facility operating under the authority of a permit issued pursuant to Arizona Revised Statutes (ARS) §§ 49-426 or 49-480, although they must comply with the recordkeeping requirements in this rule.
 In the case of an emergency, dust generating operations or disturbed areas may be stabilized prior to the submission of the dust generating operation application form.
 Vehicle test and development facilities where dust is required to test and validate design integrity, product quality and/or commercial acceptance are exempt from the application, permit and applicable standards in the Dust Generating Operations section of this rule.
 The application and permit requirements of this rule do not apply to road maintenance activities, however, the dust generating operations and recordkeeping requirements do apply.
 Dust generating activities associated with emergency repair of utilities are not subject to the application and permit requirements of this rule.
 Establishment of initial landscapes and landscape maintenance without the use of mechanized equipment and playing on or maintaining a field used for non-motorized sports are exempt from the application, permit, and standards of this rule. However, the use of mechanized equipment does not include grading or trenching performed to establish initial landscapes or to redesign existing landscapes.
 The provisions of this rule are not applicable to rooftop operations for cutting, drilling, grinding, or coring roofing title when occurring on a pitched roof.

Definitions
 Applicable definitions are included to add clarity to the rule.
 Definition of control measures that apply to dust generating operations are included.

Dust Generating Operations  -  Standards, Application, Permit and Recordkeeping Requirements
 Within the work site, an owner and/or operator:
1. Shall not allow or conduct dust generating operations that result in opacity greater than 20%.
2.  Disturbed areas shall be stabilized and conduct every other week inspection to ensure stabilization and that all control measures are implemented.
 For work sites 5 acres or larger with a dust generating operation permit, the owner and/or operator shall as soon as practicable:
1. Install suitable track out control prior to start of dust generating operations.
2. Ensure the work site is stabilized the day leading up to and the day that is forecast to be high risk dust emissions by:
	a. Implementing all applicable control measures.
            b. Ceasing all dust generating operating and stabilizing all disturbed surface areas.
   C.  The owner/operator shall file a dust generating application form, pay the appropriate fee and receive a signed permit from the Control Officer prior to engaging in any dust generating operations on a work site; and comply with all applicable recordkeeping requirements.

Violations
Failure of any person to comply with the applicable requirements of this rule shall constitute a violation.

       The opacity requirements shall not apply during:
           Wind conditions that cause fugitive dust to exceed the opacity requirements if all applicable control measures are implemented, applied and maintained, and all dust contributing disturbed area are stabilized.
           Emergency maintenance of flood control channels and water retention basins if at least 1 applicable control measure is applied, and maintained.

Emission Reductions
If the controls identified in the attainment plan do not produce the expected emissions reductions, the control measures in this rule will be implemented as expeditiously as practicable as a contingency.  The 2018 annual emission reductions estimated for construction controls is 4,687 TPY.  A detailed explanation on how these reductions will be achieved can be found in Appendix D  -  Pinal County PM10 Nonattainment Area, 2018 Attainment Demonstration and Controlled Emissions Inventories, Air Quality Division, December 21, 2015  -  Final.

RULE EVALUATION
 Rule Stringency  -  Clean Air Act (CAA) §§ 172(c)(1) and 189(a)(1)(C) require that moderate nonattainment area SIP revisions include emissions reductions from existing sources of PM10 emissions, as may be obtained through reasonably available control measures (RACM) and reasonably available control technology (RACT). RACM and RACT must be implemented as "expeditiously as practicable" and "shall provide for the attainment of the NAAQS." Additionally, if an area is classified as moderate, a State must implement RACM no later than four years after designation.  RACT applies to stationary sources and is generally not relevant for the submitted Pinal rule.  RACM determinations are generally made in context of a broader attainment demonstration.  Consequently, our stringency evaluation includes primarily a comparison of these Pinal provisions with national guidance and with analogous requirements in nearby Imperial, California.

   The Pinal Construction Site  -  Fugitive Dust Rules implement the applicable "Available Fugitive Dust Control Measures" listed in Appendix C1 of the State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990; Supplemental (57 FR 18070):
 Pave, vegetate, or chemically stabilize access points where unpaved traffic surfaces adjoin paved roads.
Pinal Construction Site rule (4-3-170 (4)): Apply chemical stabilizers/dust suppressants to disturbed surface areas and dust generating operations.  Effective in areas which are not subject to daily disturbances.
 Require dust control plans for construction or land clearing projects.
Pinal Construction Site rule (4-3-180 (C)): Prior to engaging in any dust generating operations on a work site, the owner and/or operator shall file a dust generating operation application form with the Control Officer, pay the appropriate fee in Appendix C, and receive a signed permit from the Control Officer.
 Require haul trucks to be covered.
Pinal Construction Site rule (4-3-170 (4)): Load all trucks such that the freeboard is not less than 3 inches; and prevent spillage or loss of bulk material from holes or other openings in the conveyance; cover all haul trucks (empty or full) with an anchored tarp or other suitable anchored material.
 Provide rerouting or rapid cleanup of temporary sources of dust on paved roads.
Pinal Construction Site rule (4-3-170 (4)): For all work sites, when track out extends a cumulative distance of 50 linear feet or more, be cleaned up as soon as practicable; but, in any case, by the end of the work day.
Erect signs or install physical barriers to limit access of work site.
 Require vegetation, chemical stabilization, or other abatement of wind erodible soil, including lands subjected to water mining, abandoned farms, and abandoned construction sites.
Pinal Construction Site rule (4-3-180 (B)): For areas or portions of areas, in which the dust generating operations have ceased or will cease for more than 30 days, erect signs or install physical barriers to limit trespass and ensure the work site is stabilized.

   Exhibit F-II provides a comparison of Chapter 4, Article 3, fugitive dust requirements to analogous measures in Imperial County, recently approved in the California SIP as BACM for that area.  These show similar levels of control between the two rules (see below), although they are structured differently.

Control Measures
Pinal County Rule
Chapter 4, Article 3
Imperial County Rule 801
Applicability
The intent of the rule is to control dust emissions associated with construction activities.
Although not specified in the Pinal County applicability section, earthmoving is included as a dust generating activity in definition.

The intent of the rule is to reduce the amount of PM-10 emissions due to Construction and Earthmoving Activities.

Dust Generating Operations
Standards
Requirements within worksite (0.1 acre or larger) include:
- 20% opacity limit for dust on the property. [4-3-180(A)(1)]

- Stabilize any disturbed surface area. [4-3-180(A)(2)]
- Every other week inspections [4-3-180(A)(2)]
- Ensure all applicable control measures are implemented on dust generating operations and disturbed surface areas are stabilized.

Where an owner/operator obtains a dust generating operation permit for a worksite or combination of worksites 5 acres or larger:

- Track-out Control Device. Installation of suitable track-out control device prior to start of dust generating operations. [4-3-180(B)(1)]

- Temporary Inactivity.
For areas or portions of areas where dust generating operations have ceased or will cease for more than 30 days, erect signs or install physical barriers to limit trespass. [4-3-180(B)(2)]

-Wind Events/High Risk Days.
Ensure work site is stabilized the day leading up to and the day that is forecast to be high risk for dust emissions, as noticed by the Pinal County Dust Control Forecast. [4-3-180 (B)(3)]
Requirements for Construction sites and Earthmoving Activities include:
- 20% opacity limit [ICAPCD Rule 801(E.1.a) and (E.1.b)]

- Comply with the Best Available Control Measure (BACM) requirements of Section F.1 [ICAPCD Rule 801(E.1.a) and (E.1.b)] to limit opacity:
-pre-water
- phase work.
- apply water or chemical stabilization
- construct and maintain wind barriers

Sites with access to a Paved Road and with 150 or more Average Vehicle Trips per Day, or 20 or more Average Vehicle Trips per Day by vehicles with three or more axles:

-Track-out Control Device.
- Install one or more Track-Out Prevention Devices or control device or wash down system at access points with Paved Roads;
. [ICAPCD Rule 803(F)]

Temporary Inactivity.
- Restrict vehicular access to the area by fencing or signage; and
- Apply water or Chemical Stabilization. If an area having 0.5 acres or more of disturbed surface area remains unused for seven or more days, the area must comply with the conditions for a Stabilized Surface area. [ICAPCD Rule 801(F.1.c)]

-Wind Events/High Risk Days.
When Wind Gusts exceed 25 miles per hour area is exempt from 20% opacity limit provided that at least one stabilization control measure is implemented for each applicable Fugitive Dust source type.
[ICAPCD Rule 801(D.2)]

Application
Prior to engaging in any dust generating operations on a work site, the owner and/or operator shall file a dust generating operation application form with the Control Officer, pay the appropriate fee in Appendix C, and receive a signed permit from the Control Officer.

All Persons who own or operate a Construction site of 10 acres or more in size for residential developments or 5 acres or more for non-residential developments shall develop a dust control plan. The dust control plan shall be made available to the APCD upon request. The dust control plan shall comply with the requirements of Section F. [ICAPCD Rule 801(E.1.c)]

The owner or operator required to develop a dust control plan shall provide written notification to the APCD within 10 days prior to the commencement of any Construction activities via fax or mail. [ICAPCD Rule 801(E.1.d)]
Permit and Recordkeeping
The signed dust generating operation permit from the control officer will contain the requirements set under §4-3-180 (A) and (B), and conditions regarding the necessary control measures specific to the applicable project as proposed by the registrant

Recordkeeping requirements:
- Maintain a copy of the signed permit and provide it upon request.
- Keep records of every other week inspections and site-wide inspection reports
- Provide records within 72 hours upon verbal or written request.
Imperial County Rule recordkeeping requirements include:
- Retain a copy of the dust control plan at the project site. [ICAPCD Rule 801(F.2.a)]
- Comply with the requirements of the approved dust control plan. [ICAPCD Rule 801(F.2.b)]
- Compile and retain records that provide evidence of control measure application (i.e., receipts and/or purchase records).
- Records shall be maintained and be readily accessible for two years after the date of each entry and shall be provided to the APCD upon request. [ICAPCD Rule 801(G)]

   Enforceability  -  CAA §110(a)(2)(A) states that regulations submitted to EPA for SIP approval must be clear and legally enforceable.  The rule requirements to suppress construction site fugitive dust emissions by stabilizing disturbed areas, limiting opacity to 20%, controlling track-out and maintain records, adequately ensure that affected sources and regulators can evaluate and determine compliance consistently.

   Anti-Backsliding - CAA §110(l) prohibits EPA from approving any SIP revision that would interfere with any applicable requirements concerning attainment and reasonable further progress (RFP) or any other applicable requirements of the CAA.  In addition, CAA §193 prohibits the modification of any SIP-approved control requirement in effect before November 15, 1990, in a nonattainment area unless the modification insures equivalent or greater emission reductions. The submitted rule would comply with CAA §§110(l) and 193 because Chapter 4, Article 3, Construction Site  -  Fugitive Dust is a new rule  and will strengthen the SIP rule by adding new requirements for the control of fugitive dust emissions at construction work sites in the West Pinal PM10 Moderate Nonattainment Area.

EPA ACTION
The submitted Chapter 4, Article 3, "Construction Sites  -  Fugitive Dust in West Pinal PM10 Moderate Nonattainment Area Fugitive Dust," strengthens the SIP by placing restrictions on emissions from fugitive dust at work sites.  The submittal fulfils the relevant CAA §110 and part D requirements, therefore, EPA staff recommends a full approval.

ADDITIONAL REFERENCES
 "Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations," (a.k.a., Bluebook) EPA OAQPS, May 25, 1988 (http://www.epa.gov/ttn/naaqs/ozone/ozonetech/voc_bluebook.pdf).
 Chapter 3, Article 3, Construction Sites - Fugitive Dust.