Ariz. Admin. Code § R18-2-D1302 - Fugitive Dust Emissions from Nonresidential Construction

A. Applicability.

1. This Section applies to the owner or operator of a nonresidential construction site, as defined in R18-2-D1301(13), within the Dust Visibility Protection Areas, as defined in R18-2-D1301(10).

2. Effective date. Except as otherwise provided, the provisions of this Section shall take effect on January 1, 2025.

B. Exemptions. This Section shall not apply to:

1. Areas subject to Maricopa County Air Pollution Control Regulations, Rule 310 Fugitive Dust From Dust-Generating Operations (as amended January 27, 2010);

2. Areas subject to Pinal County Air Quality Control District Code of Regulations, Chapter 4, Article 3. Construction Sites - Fugitive Dust (as amended October 28, 2015) and Chapter 4, Article 7. Construction Sites in Nonattainment Areas "" Fugitive Dust (as amended June 3, 2009);

C. Notification.

1. The owner or operator of a nonresidential construction site shall notify the Director at least 30 days before beginning any construction activity by submitting a notification form prescribed by the Director.

2. Notification under subsection (C)(1) shall include:

a. Applicant name, organization/company, address, phone number, and email address;

b. Location of the construction site (street address or GPS coordinates of the center of the site);

c. The total area of the property upon which construction activities occur and an estimate of the area expected to be used for parking and staging activities;

d. Expected start and completion date of any construction activities;

e. Control measures selected from subsections (D)(1) and (D)(2).

3. The owner or operator shall notify the director of any changes to the information included in the notification required under subsection (C)(1) as soon as practicable. Notification of a change to the construction start date must be provided no later than 30 days before the new start date.

D. Standards.

1. Unpaved parking and staging areas. The owner or operator of a nonresidential construction site with unpaved parking and staging areas that have a cumulative area of one acre or more shall implement and use at least one of the following measures to reduce emissions of fugitive dust:

a. Apply and maintain chemical stabilizers/dust suppressants;

b. Apply and maintain clean gravel to a depth of two inches;

c. Install and maintain pavement.

2. Application and maintenance of chemical stabilizers/dust suppressants under subsection (D)(1)(a) shall be made in accordance with the manufacturer's recommendation.

3. Speed limit. To reduce emissions of fugitive dust, the owner or operator of a nonresidential construction site with 10 acres or more of disturbed surface area associated with the construction project shall restrict maximum vehicular speeds to 15 miles per hour on all unpaved traffic areas of the site including unpaved easements, right of way, unpaved haul/access roads and parking areas by installing speed limit signs at each entrance and along haul/access roads, with a minimum of four signs per site.

E. Monitoring.

1. To demonstrate compliance with subsection (D)(1), the owner or operator shall perform inspections on each day dust-generating operations are conducted of all parking and staging areas, including routinely traveled surfaces as evidenced by tire tracks, to ensure continued implementation of required control measures.

2. To demonstrate compliance with subsection (D)(2), the owner or operator shall perform inspections on each day dust-generating operations are conducted of vehicular traffic at the construction site to ensure continued implementation of required control measures.

F. Recordkeeping and Reporting.

1. The owner or operator shall maintain the following records:

a. Records of control measures implemented and maintained as required by subsection (D) including:

i. The types of surface treatments, extent of coverage, and frequency/date of application/installation;

ii. Copies of manufacturer specifications for chemical stabilizers/dust suppressants, if applicable; and

iii. The number and placement of speed limit signs.

b. Written records of self-inspection required by subsections (E)(1) and (E)(2) on each day dust-generating operations are conducted. Inspection records shall, at a minimum, include:

i. Identification of inspector;

ii. Inspection date and time;

iii. General findings of inspection;

iv. Gravel coverage and measurements of depth, if applicable;

v. A description of how vehicle speed limits are restricted and enforced, such as, speed checks with radar guns, or other effective means; and

vi. Any corrective action or preventive measures taken as a result of the self-inspection, such as, application of additional dust suppressants or gravel and maintenance or replacement of speed limit signs.

2. Records required by subsections (F)(1)(a) and (F)(1)(b) shall be kept onsite and made available for review by the Director within two business days of notice to the owner or operator. For onsite requests by the Director, the owner or operator shall provide such records without delay.

3. The owner or operator shall retain all records, including supporting documentation, required by this Section for five years from the date of such record.

Notes

Ariz. Admin. Code § R18-2-D1302

New Section made by final rulemaking at 29 A.A.R. 1658, effective 9/10/2023.