Ariz. Admin. Code § R18-2-D1303 - Fugitive Dust Emissions from Paved Roads

A. Applicability. This Section applies to the owner or operator of an unpaved access point within the Dust Visibility Protection Areas, as defined in R18-2-D1301(10).

B. Exemptions. The provisions of subsection (C)(2) shall not apply to areas subject to Pinal County Air Quality Control District Code of Regulations, Chapter 4, Article 1. West Pinal PM10 Moderate Nonattainment Area Fugitive Dust (as amended October 28, 2015).

C. Standards.

1. Application of dust controls measures to unpaved access points. The owner or operator of a new or modified unpaved access point with a paved road exceeding 2,700 ADT shall apply dust controls measures to the unpaved access point by implementing and using at least one of the following measures to reduce trackout onto the paved roadway:

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. Control measures under subsections (C)(1)(a) through (C)(1)(c) shall be applied for the full width of the unpaved roadway and up to the right-of-way limits of the paved road or up to 100 ft. from the centerline of the adjoining paved road, whichever is less. Application and maintenance of chemical stabilizers/dust suppressants under subsection (C)(1)(a) shall be made in accordance with the manufacturer's recommendation.

3. Cleanup of trackout, spillage, and erosion-caused deposition of any bulk material on paved public roadways. The owner or operator of the property within the Dust Visibility Protection Areas from which the trackout, spillage, or erosion caused deposition came shall, upon discovery of bulk material that extends 50 feet or more from the nearest unpaved surface exit onto the paved public roadway:

a. Within 24 hours of discovery, remove the bulk material from the paved public roadway with one of the following control measures:

i. Manual sweeping and pickup; or

ii. Operating a rotary brush or broom accompanied or preceded by sufficient wetting to limit fugitive dust emissions; or

iii. Operating a street sweeper; or

iv. Flushing with water, if curb and gutters are not present and where the use of water will not result in a source of track-out material or result in adverse impacts on storm water drainage systems or violate any Arizona Pollutant Discharge Elimination System permit program.

b. During removal of bulk material, do so in a manner that does not cause another source of fugitive dust.

c. If needed, restrict vehicles from traveling over the bulk material until such time as the material can be removed from the travel lanes of the paved public roadway pursuant to subsection (C)(2)(a). In the event unsafe travel conditions would result from restricting traffic and:

i. removal of such material isn't possible within 72 hours due to a weekend or holiday condition; or

ii. after reasonable effort, the owner or operator of the property is unable to obtain state or local agency approval to restrict vehicle traffic and removal of such material isn't possible within 72 hours, the provisions of subsection (C)(2)(a) may be extended upon notification to and approval of the Director.

d. The removal of carryout and trackout from paved public roads does not exempt an owner/operator from obtaining state or local agency permits which may be required for the cleanup of bulk material on paved public roads.

D. Recordkeeping and Reporting.

1. The owner or operator shall maintain records of control measures implemented and maintained as required by subsection (C) above including the date and time of application/installation, and copies of manufacturer specifications for chemical stabilizers/ dust suppressants, if applicable.

2. Records required by subsection (D)(1) shall be made available for review by the Director within two business days of notice to the owner or operator.

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.

4. Initial inventory. Within one year from the effective date of this rule, each city, county, state, or federal agency with primary responsibility for any existing paved public roadway with 2,700 ADT or greater shall provide the Director with a list of all unpaved access points under its jurisdiction. Evaluation of ADT shall be based on actual collected ADT data if available, or estimated based on state roadway functional classification designations or other similar means. The evaluation method shall be reported in the initial inventory.

5. Annual report. By April 1 of each year the owner or operator of a public roadway shall submit to the Director a report containing the following information:

a. Location of any unpaved access points to which control measures were applied during the previous calendar year according to subsection (C)(1) (street address or GPS coordinates);

b. Actual or estimated ADT of the intersecting paved public roadway portion of each access point and the evaluation method used;

c. The control measure applied/installed according to subsection (C)(1);

d. The length and width of the unpaved roadway upon which control measures were applied/installed according to subsection (C)(1);

e. The start and completion date of initial application/installation of controls according to subsection (C)(1); and

f. An update to the list of unpaved access points required under subsection (D)(4) to include any new access points that become subject to this rule due to changes in ADT.

Notes

Ariz. Admin. Code § R18-2-D1303

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