AQ-2013-001_REPORTTOBOS-2018-11-07.PDF

Executive Summary
of the Report to the Board of Supervisors
Prepared by the Maricopa County Air Quality Department
Board Hearing Date: November 7, 2018
Case #/Title: AQ-2013-001-Rule 316 (Nonmetallic Mineral Processing)
Agenda Item: (Pending)
Supervisor Districts: All Districts
The Maricopa County Air Quality Department (MCAQD) complied with all statutory and county policies
throughout this rulemaking process. Per the Enhanced Regulatory Outreach Program (EROP) Policy: “In addition
to the required staff report, an executive summary of the report including an overview of stakeholder input and staff
responses will be provided to the Board of Supervisors at least one week prior to any Board of Supervisors’ public
hearing.”
Overview of the Report to the Board of Supervisors: The purpose of this rulemaking is to revise Rule 316
(Nonmetallic Mineral Processing). Rule 316 was adopted to control emissions of particulate matter from sand and
gravel plants, hot mix asphalt plants, and concrete batch plants. Rule 316 requires compliance with emission limits
and implementation of control measures. Rule 316 also includes requirements for training, monitoring,
recordkeeping, and reporting. The MCAQD is proposing to revise Rule 316 for the following reasons: to clarify the
applicability and several requirements of Rule 316; to consolidate applicable requirements for nonmetallic mineral
processing and related operations in a single rule; to incorporate EPA approved alternative control measures and
test methods; to ensure the rule applies equitably to similar operations; to correct a deficiency that was noted by the
EPA when Rule 316 was approved; to update the compliance schedule for rumble grates; and to address safety
concerns identified by stakeholders.
Overview of Stakeholder Input and Staff Responses: During the rulemaking process, three stakeholders
expressed support for the proposed rulemaking and six stakeholders expressed opposition to the rulemaking. The
three stakeholders who expressed support for the proposed rulemaking represent permitted facilities located in
Maricopa County that are subject to the requirements of Rule 316. The six stakeholders who expressed opposition
to the rulemaking are residents of Maricopa County who are concerned that the revised rule will relax the
regulatory requirements for nonmetallic mineral processing. In the Draft Notice of Final Rulemaking, the
MCAQD responds to all of the stakeholder comments and explains that none of the changes to Rule 316 make the
requirements for nonmetallic mineral processing less stringent.

Report to the Board of Supervisors
Prepared by the Maricopa County Air Quality Department
Board of Health Meeting Date: July 23, 2018
Board Hearing Date: November 7, 2018
Case #/Title: AQ-2013-001-Rule 316 (Nonmetallic Mineral Processing)
Agenda Item: (Pending)
Supervisor Districts: All Districts
Applicant: Staff
Request: Approve revision of Maricopa County Air Pollution Control Regulation
Rule 316 (Nonmetallic Mineral Processing).
Rule 316 was adopted to control emissions of particulate matter from sand
and gravel plants, hot mix asphalt plants, and concrete batch plants. Rule
316 requires compliance with emission limits and implementation of
control measures. Rule 316 also includes requirements for training,
monitoring, recordkeeping, and reporting. Rule 316 was adopted on July
6, 1993 and revised three times thereafter to incorporate requirements
prescribed by the Clean Air Act and the Environmental Protection Agency
(EPA).
The MCAQD is proposing to revise revised Rule 316 for the following
reasons: to clarify the applicability and several requirements of Rule 316;
to consolidate applicable requirements for nonmetallic mineral processing
and related operations in a single rule; to incorporate EPA approved
alternative control measures and test methods; to ensure the rule applies
equitably to similar operations; to correct a deficiency that was noted by
the EPA when Rule 316 was approved; to update the compliance schedule
for rumble grates; and to address safety concerns identified by
stakeholders.
Support/Opposition: During the rulemaking process, three stakeholders expressed support for
the proposed rulemaking and six stakeholders expressed opposition to the
rulemaking.
Staff
Recommendation: Approve
Board of Health
Recommendation: Approve
Additional Comments: This regulatory change is following the Enhanced Regulatory Outreach
Program Policy and workflow process. The County Manager briefed the
Board of Supervisors regarding this rulemaking in July 2013. Stakeholder
Workshops were held on April 25, 2013, November 30, 2017, and January
8, 2018. The Board of Health approved an expedited rulemaking process
for Rule 316 on February 2, 2018 and the Notice of Proposed Rulemaking
was published in the Arizona Administrative Register on May 11, 2018.

After the Board of Health approved an expedited rulemaking for Rule 316,
the MCAQD received stakeholder comments expressing opposition to the
rulemaking. As a result, the MCAQD returned to the Board of Health to
request a recommendation to the Board of Supervisors. On July 23, 2018
the Board of Health recommended approval of the proposed revisions to
Rule 316.
During the rulemaking process, the MCAQD has received written
feedback from nine stakeholders. Three stakeholders expressed support
for the proposed changes and six stakeholders expressed opposition to the
proposed changes.
A newspaper notice of the Board of Supervisors public hearing will be
published in the Record Reporter on September 26th and October 3rd. This
regulatory change will take effect immediately upon approval by the
Board of Supervisors.
Presented By: Philip A. McNeely, R.G., Director
Prepared By: Planning and Analysis Division
Attachments: Summary of the proposed regulatory change (See Item 4 of the Draft
Notice of Final Rulemaking)
Analysis of input received during the process and how that input was
responded to (See Item 9 of the Draft Notice of Final Rulemaking)
Language of proposed regulatory change or amendment (See the Draft
Notice of Final Rulemaking)
Minutes from Board of Health meeting
Copies of all written and electronic Stakeholder input
County Manager’s Case Approval

DRAFT NOTICE OF FINAL RULEMAKING
MARICOPA COUNTY AIR POLLUTION CONTROL REGULATIONS
REGULATION III – CONTROL OF AIR CONTAMINANTS
RULE 316: NONMETALLIC MINERAL PROCESSING
The Maricopa County Air Quality Department (MCAQD) is proposing to revise Rule 316 (Nonmetallic Mineral
Processing). The Control Officer is posting this Draft Notice of Final Rulemaking on the Maricopa County Enhanced
Regulatory Outreach Program (EROP) website as part of the Report to the Board of Supervisors, in accordance with the
Maricopa County EROP Policy. This notice includes the preamble, as prescribed in A.R.S. § 49-471.05, and the exact
wording of the rule. This notice also includes a list of all previous notices appearing in the register addressing the
proposed rule and the concise explanatory statement prescribed in A.R.S. § 49-471.07, subsection B.
PREAMBLE
1. Statutory authority for the rulemaking:
A.R.S. §§ 11-251.18, 49-112, 49-474, 49-479 and 49-480
2. Name and address of department personnel with whom persons may communicate regarding the
rulemaking:
Name: Kristi Beck or Kimberly Butler
Maricopa County Air Quality Department
Planning and Analysis Division
Address: 1001 N Central Avenue, Suite 125
Phoenix, AZ 85004
Telephone: (602) 506-6010
Fax: (602) 506-6179
Submit Comments At: http://maricopa.gov/FormCenter/Regulatory-Outreach-17/Citizen-Comments-94
3. Rulemaking process:
This rulemaking is following procedures identified in state statutes and the Maricopa County EROP Policy.
County Manager Briefing: January 7, 2013
Stakeholder Workshops: April 25, 2013
November 30, 2017
January 8, 2018
Board of Health Meeting to Approve Expedited Rulemaking: February 2, 2018
Notice of Proposed Rulemaking: May 11, 2018
Board of Health Meeting to Recommend Approval to the Board of Supervisors: July 23, 2018
Board of Supervisors Formal Meeting to set the Public Hearing: September 19, 2018

Return to list of attachments
Board of Supervisors Public Hearing: November 7, 2018
4. Explanation of the rule, including the control officer's reasons for initiating the rulemaking:
Rule 316 (Nonmetallic Mineral Processing) limits particulate matter emissions from sand and gravel plants,
concrete batch plants, and hot mix asphalt plants. Rule 316 requires compliance with emission limits and
implementation of control measures. Rule 316 also includes requirements for training, monitoring,
recordkeeping, and reporting. Rule 316 was adopted on July 6, 1993 and revised three times thereafter, to
incorporate requirements prescribed by the Clean Air Act and the Environmental Protection Agency (EPA).
The MCAQD is proposing to revise Rule 316 for the following reasons: to clarify the applicability and several
requirements of Rule 316; to consolidate applicable requirements for nonmetallic mineral processing and
related operations in a single rule; to incorporate EPA approved alternative control measures and test methods;
to ensure the rule applies equitably to similar operations; to correct a deficiency that was noted by the EPA
when Rule 316 was approved; to update the compliance schedule for rumble grates; and to address safety
concerns identified by stakeholders.
In the past, Rule 316 has not applied to cement and fly ash transfer facilities because cement and fly ash are not
nonmetallic minerals. However, Rule 316 does contain standards relating to the transfer and storage of cement,
lime, and fly ash that occurs at nonmetallic mineral processing plants and/or rock product processing plants.
To clarify that Rule 316 is only applicable to nonmetallic mineral processing plants and related operations, the
MCAQD is proposing to add exemptions for dry material transfer facilities and water treatment facilities in
Section 103. The MCAQD is also proposing to define "dry material" and "transfer facility" in Section 200.
Since 2005, facilities subject to Rule 316 have been required to comply with two fugitive dust rules (Rule 310
and Rule 316) which contain different requirements for controlling emissions. To clarify the requirements, the
MCAQD is proposing to consolidate all fugitive dust control measures for nonmetallic mineral processing and
related operations in a single rule. In addition, the MCAQD is proposing to incorporate a 20% opacity limit for
emissions of blue smoke (which are currently subject to an identical limit in Rule 300).
After Rule 316 was revised in 2008, the EPA promulgated new requirements for nonmetallic mineral
processing (40 CFR 60 Subpart OOO). In addition, EPA approved requests for an alternative trackout control
requirement, alternative minimum moisture contents for products feeding hot mix asphalt plants, and an
alternative test method for soil moisture testing. Finally, in 2011, EPA approved Rule 310 which contained
requirements for controlling wind-blown dust instead of requirements for wind events. The MCAQD is
proposing to clarify the requirements by incorporating emissions limits from the federal New Source
Performance Standards for Nonmetallic Mineral Processing and by incorporating all EPA approved
alternatives to the requirements of Rule 316. The MCAQD is also proposing to incorporate requirements for
controlling wind-blown dust from Rule 310.
Control requirements for cement, lime, and fly ash storage silos were added to Rule 316 in 2005. More recently,
the MCAQD learned that other pozzolan materials, which are similar to cement, lime, and fly ash, are in use at

some facilities. To ensure the rule applies equitably to similar operations, the MCAQD is proposing to include
control requirements for dry material storage silos and to define dry material.
Rule 316 also includes tiered requirements for trackout control devices and for cleaning paved roads identified
in the dust control plan, based on the number of aggregate trucks, mixer trucks and/or batch trucks exiting the
facility on any day. To ensure that the requirements apply equitably to similar operations, the MCAQD is
proposing to clarify that it is not necessary to clean paved roads identified in the dust control plan if there is
less than 12 linear feet of bulk material present on the paved roads. In addition, the MCAQD is proposing to
include delivery trucks when determining which trackout control and cleaning schedules are applicable to each
facility.
When EPA approved Rule 316 into the Arizona State Implementation Plan (SIP) in 2009, the technical support
document specified that changes to the requirements for new open storage piles would be required the next
time Rule 316 was revised. As a result, the MCAQD is proposing to require installation of new open storage
piles 25 feet or more from the property line, unless it can be demonstrated to the Control Officer that there is
not adequate space to install the open storage piles 25 feet or more from the property line.
Rule 316 currently grandfathers rumble grates that were installed prior to June 12, 2008. In the draft rule, the
MCAQD is proposing to update the compliance schedule for existing rumble grates. The updated compliance
schedule will require rumble grates installed or moved after the date of rule adoption to meet the specifications
outlined in Section 260. The updated compliance schedule will also require existing rumble grates to comply
with the specifications in Section 260, if the rumble grates are installed at facility that receives two or more
violations for trackout during any consecutive 24-month period.
The proposed changes to Rule 316 will also clarify the soil moisture testing requirements, allow site personnel
to identify locations where soil moisture samples can be collected safely, reduce administrative requirements,
and includes minor editorial changes.
5. Studies relied on in the control officer's evaluation of or justification for the rule and where the public
may obtain or review the studies, all data underlying the studies, any analysis of the studies and other
supporting material.
Not applicable.
6. An economic, small business and consumer impact statement:
The following discussion addresses each of the elements required for an economic, small business and
consumer impact statement, as prescribed by A.R.S. §§ 41-1055, subsections A, B and C, and 41-1035:
An identification of the proposed rulemaking, including all of the following:
This rulemaking is proposing to revise Rule 316.
(a) The conduct and its frequency of occurrence that the rule is designed to change.
This rulemaking is intended to revise Rule 316 to consolidate applicable requirements for control of
particulate matter emissions from nonmetallic mineral processing and related operations in a single rule; to

incorporate EPA approved alternative control measures and test methods; to ensure the rule applies
equitably to similar operations; to correct a deficiency that was noted by the EPA when Rule 316 was
approved; to update the compliance schedule for rumble grates; and to address safety concerns identified
by stakeholders.
(b) The harm resulting from the conduct the rule is designed to change and the likelihood it will
continue to occur if the rule is not changed.
This rulemaking is intended to revise Rule 316 to consolidate applicable requirements for control of
particulate matter emissions from nonmetallic mineral processing and related operations in a single rule; to
incorporate EPA approved alternative control measures and test methods; to ensure the rule applies
equitably to similar operations; to correct a deficiency that was noted by the EPA when Rule 316 was
approved; to update the compliance schedule for rumble grates; and to address safety concerns identified
by stakeholders.
(c) The estimated change in frequency of the targeted conduct expected from the rule change.
This rulemaking is intended to revise Rule 316 to consolidate applicable requirements for control of
particulate matter emissions from nonmetallic mineral processing and related operations in a single rule; to
incorporate EPA approved alternative control measures and test methods; to ensure the rule applies
equitably to similar operations; to correct a deficiency that was noted by the EPA when Rule 316 was
approved; to update the compliance schedule for rumble grates; and to address safety concerns identified
by stakeholders.
A brief summary of the information included in the economic, small business and consumer impact
statement.
This rulemaking should not have an economic impact on small businesses or consumers in Maricopa County.
The proposed revisions do not impose any new, significant compliance burdens on small businesses. This
rulemaking is intended to clarify existing regulatory requirements.
Name and address of agency employees who may be contacted to submit or request additional data
on the information included in the economic, small business and consumer impact statement.
Name: Kristi Beck or Kimberly Butler
Maricopa County Air Quality Department
Planning and Analysis Division
Address: 1001 N Central Avenue, Suite 125
Phoenix, AZ 85004
Telephone: (602) 506-6010
Fax: (602) 506-6179
Submit Comments At: http://maricopa.gov/FormCenter/Regulatory-Outreach-17/Citizen-Comments-94
An identification of the persons who will be directly affected by, bear the costs of or directly benefit
from the proposed rulemaking.

This rulemaking should not have an economic impact on small businesses or consumers in Maricopa County.
The proposed revisions do not impose any new, significant compliance burdens on small businesses. This
rulemaking is intended to clarify existing regulatory requirements.
A cost benefit analysis of the following:
(a) The probable costs and benefits to the implementing agency and other agencies directly affected
by the implementation and enforcement of the proposed rulemaking.
This rulemaking should not have an economic impact on the MCAQD or any other agency. The revisions
do not impose any new, significant compliance burdens on businesses; therefore, the MCAQD and other
agencies should not have any extra costs related to the rulemaking.
(b) The probable costs and benefits to a political subdivision of this state directly affected by the
implementation and enforcement of the proposed rulemaking.
This rulemaking should not have an economic impact on any political subdivision in Maricopa County.
The revisions do not impose any new, significant compliance burdens on businesses.
(c) The probable costs and benefits to businesses directly affected by the proposed rulemaking,
including any anticipated effect on the revenues or payroll expenditures of employers who are
subject to the proposed rulemaking.
This rulemaking should not have an economic impact on any businesses in Maricopa County. The
revisions do not impose any new, significant compliance burdens on businesses.
A general description of the probable impact on private and public employment in businesses,
agencies and political subdivisions of this state directly affected by the proposed rulemaking.
Because this rulemaking does not impose any new, significant compliance burdens on businesses, agencies, and
political subdivisions of this state, the MCAQD does not anticipate this rulemaking will have an impact on
private and public employment.
A statement of the probable impact of the proposed rulemaking on small businesses. The statement
shall include:
(a) An identification of the small businesses subject to the proposed rulemaking.
Small businesses that conduct nonmetallic mineral processing or related operations (such as sand and
gravel plants, concrete plants, and asphalt plants) will be subject to this rulemaking.
(b) The administrative and other costs required for compliance with the proposed rulemaking.
This rulemaking should not have an economic impact on any businesses in Maricopa County. The
proposed revisions do not impose any new, significant compliance burdens on businesses.
(c) A description of the methods that the agency may use to reduce the impact on small businesses.
i. Establish less stringent compliance or reporting requirements in the rule for small
businesses.
This rulemaking should not have an economic impact on any businesses in Maricopa County. The
proposed revisions do not impose any new, significant compliance burdens on businesses.
ii. Establish less stringent schedules or deadlines in the rule for compliance or reporting
requirements for small businesses.

This rulemaking should not have an economic impact on any businesses in Maricopa County. The
proposed revisions do not impose any new, significant compliance burdens on businesses.
iii. Consolidate or simplify the rule's compliance or reporting requirements for small businesses.
This rulemaking should not have an economic impact on any businesses in Maricopa County. The
proposed revisions do not impose any new, significant compliance burdens on businesses.
iv. Establish performance standards for small businesses to replace design or operational
standards in the rule.
This rulemaking should not have an economic impact on any businesses in Maricopa County. The
proposed revisions do not impose any new, significant compliance burdens on businesses.
v. Exempt small businesses from any or all requirements of the rule.
This rulemaking should not have an economic impact on any businesses in Maricopa County. The
proposed revisions do not impose any new, significant compliance burdens on businesses.
(d) The probable cost and benefit to private persons and consumers who are directly affected by the
proposed rulemaking.
The proposed revisions do not impose any new, significant compliance burdens on businesses. With no
additional costs to pass through, this rulemaking should not have an economic impact on any private
persons or consumers in Maricopa County.
A statement of the probable effect on state revenues.
The rulemaking will not impose increased monetary or regulatory costs on other state agencies, political
subdivisions of this state, persons, or individuals so regulated. Without costs to pass through to customers,
there is no projected change in consumer purchase patterns and, thus, no impact on state revenues from sales
taxes.
A description of any less intrusive or less costly alternative methods of achieving the purpose of the
proposed rulemaking, including the monetizing of the costs and benefits for each option and
providing the rationale for not using nonselected alternatives.
This rulemaking should not have an economic impact on small businesses or consumers in Maricopa County.
The proposed revisions do not impose any new, significant compliance burdens on small businesses. This
rulemaking is intended to clarify existing regulatory requirements.
A description of any data on which a rule is based with a detailed explanation of how the data was
obtained and why the data is acceptable data.
Not applicable.
7. The proposed effective date of the rule:
The proposed effective date of this rulemaking is November 7, 2018.
8. Such other matters as are prescribed by statute and that are applicable to the county or to any specific
rule or class of rules:
Under A.R.S. § 49-479(C), a county may not adopt a rule or ordinance that is more stringent than the rules
adopted by the Director of the Arizona Department of Environmental Quality (ADEQ) for similar sources
unless it demonstrates compliance with the applicable requirements of A.R.S. §49-112.

§ 49-112 County regulation; standards
§ 49-112(A)
When authorized by law, a county may adopt a rule, ordinance or regulation that is more stringent than or in
addition to a provision of this title or rule adopted by the director or any board or commission authorized to
adopt rules pursuant to this title if all of the following requirements are met:
1. The rule, ordinance or regulation is necessary to address a peculiar local condition.
2. There is credible evidence that the rule, ordinance or regulation is either;
(a) Necessary to prevent a significant threat to public health or the environment that results from a
peculiar local condition and is technically and economically feasible.
(b) Required under a federal statute or regulation, or authorized pursuant to an intergovernmental
agreement with the federal government to enforce federal statutes or regulations if the county rule,
ordinance or regulation is equivalent to federal statutes or regulation.
3. Any fee or tax adopted under the rule, ordinance or regulation does not exceed the reasonable costs of the
county to issue and administer the permit or plan approval program.
§ 49-112(B)
When authorized by law, a county may adopt rules, ordinances or regulations in lieu of a state program that are
as stringent as a provision of this title or rule adopted by the director or any board or commission authorized to
adopt rules pursuant to this title if the county demonstrates that the cost of obtaining permits or other
approvals from the county will approximately equal or be less than the fee or cost of obtaining similar permits
or approvals under this title or any rule adopted pursuant to this title. If the state has not adopted a fee or tax
for similar permits or approvals, the county may adopt a fee when authorized by law in the rule, ordinance or
regulation that does not exceed the reasonable costs of the county to issue and administer that permit or plan
approval program.
The MCAQD is in compliance with A.R.S. §§ 49-112(A) and (B). This rulemaking is not making the rule more
stringent.
9. List of all previous notices appearing in the register addressing the proposed rule and a concise
explanatory statement, as prescribed by A.R.S. § 49-471.07, subsection B: Return to list of attachments
(a) List of all previous notices appearing in the register addressing the proposed rule:
Notice of Proposed Rulemaking May 11, 2018 (24 AAR 1439)
(b) The following discussion addresses each of the elements required for a concise explanatory
statement, as prescribed by A.R.S. § 49-471.07, subsection B:
The following changes were made after the Notice of Proposed Rulemaking was published on May 11,
2018 (24 AAR 1439):
1. In Section 301.1, "Table 1" was renamed "Table 316-1" to make the formatting of the draft rule
consistent with other MCAQD rules.
2. In Section 305.1, "air quality permit" was replaced with "air pollution control permit."
3. In the introductory statement for Section 307, "307.11" was replaced with "307.12."

4. In Section 307.8, "fugitive dust control measures for blasting operations" was replaced with "fugitive
dust control measures for demolition activities" to correct a mismatch between the subsection
heading and the text in the subsection. The "fugitive dust control measures for blasting operations"
that were referred to in Section 307.8 have been incorporated in Section 307.9. The fugitive dust
control measures for nighttime operations that were in Section 307.9 have been moved to Section
307.11, and old Section 307.11 (Soil Moisture) has been renumbered to Section 307.12.
5. The punctuation in Section 311.1(i) has been changed to make the subsection consistent with other
subsections in the rule.
6. The punctuation in Section 311.2(c-e) has been changed to make the subsection consistent with other
subsections in the rule.
The following discussion evaluates the arguments for and against the rule and includes responses to
comments received on the proposed rule or the preamble in the Notice of Proposed Rulemaking. The
MCAQD has received written comments from eight stakeholders. All of the comments have been
reviewed and evaluated by the MCAQD.
Comments #1 through #13 were provided by the Arizona Rock Products Association (ARPA).
Comment #1: The Arizona Rock Products Association (“ARPA”) appreciates the opportunity to
provide these comments concerning draft revisions to Rule 316 titled: Draft Rule for
Stakeholder Workshop: November 30, 2019[sic] (the “Draft Rule”). ARPA greatly
appreciates the efforts of Maricopa County Air Quality Department (“MCAQD”) to
initiate the stakeholder process, prepare the Draft Rule, respond to industry comments,
and hold the Stakeholder Workshop on November 30, 2017. The stakeholder meeting
was organized and well run, and MCAQD personnel encouraged feedback on the Draft
Rule.
As discussed during the Stakeholder Workshop, ARPA understands that MCAQD will
revise the Draft Rule to incorporate many of the comments raised during the meeting.
ARPA’s comments are therefore not intended to be comprehensive at this time, but
focused on discrete provisions of the Draft Rule.
When preparing subsequent versions of the Draft Rule, ARPA requests that MCAQD
clearly identify which proposed provisions are new and which ones are simply being
moved. That will help ARPA’s members provide targeted, limited comments, and help
MCAQD respond to any potential concerns that the rule’s existing provisions are being
weakened or removed.
Response #1: The MCAQD revised the draft rule to address comments raised during the November
30, 2017 stakeholder workshop. As requested in this comment, an annotated copy of
the draft rule, which clearly identified which provisions were new and which provisions
were moved, was provided prior to the January 8, 2018 stakeholder workshop.
Comment #2: Please exempt cement and fly ash terminals from Rule 316.

ARPA agrees with the proposal to remove cement and fly ash terminals from Rule 3161
and instead regulate them under rule 241. Because transfer facilities are paved and
materials remain enclosed, the types of activities conducted at these facilities are
fundamentally different than sand and gravel operations, concrete batch plants, and hot
mix asphalt plants. We request that Section 103, Exemptions, of the Draft Rule be
revised along the following lines:
103 EXEMPTIONS: The provisions of this rule do not apply to:
103.1 Cement, fly ash, or pozzolan transfer facilities
103.2 Water treatment facilities
Response #2: The MCAQD agrees that dry material transfer facilities, which are paved and where
materials remain enclosed, are not a significant source of fugitive dust emissions in
Maricopa County. As such, there are no significant emission reductions that would be
achieved by extending the fugitive dust control measure requirements in Rule 316 to
these facilities. Therefore, section 103 has been revised to exempt “dry material transfer
facilities” from the requirements of Rule 316. The MCAQD proposes to continue
regulating cement and fly ash terminals under Rule 241 (Minor New Source Review)
which requires Best Available Control Technology (BACT) for any new stationary
source which emits 15 or more tons per year of particulate matter with an aerodynamic
diameter less than or equal to a nominal 10 microns (PM10) and any modified stationary
source if the modification increases the source’s potential to emit PM10 by 15 or more
tons per year.
Comment #3: ARPA requests greater flexibility regarding the applicability or inapplicability of
Maricopa County Rule 310.
Section 304 of the Draft Rule identifies when a Dust Control Permit under Rule 310 is
required. ARPA supports the concept to provide additional clarity regarding when a
Dust Control Permit is required. Our specific comments on applicability provisions are
as follows:
Revise Section 304.1 to authorize alternatives: An existing permit holder should have
the authority to engage in vertical construction or demolition under their non-title V
permit (which is currently allowable) if a modified DCP and proper NESHAP
notification is submitted OR obtain a Dust Control Permit separate from the Non-Title
V Permit. We therefore request the following revision:
304.1 For all dust-generating operations, as defined in Rule 310 of these rules,
associated with vertical construction or demolition, the owner, operator, or person
subject to this rule shall comply with all requirements of Rule 370, as applicable, and
1 This comment refers to the “Interim Rule 316 Implementation Policy” memorandum from MCAQD Director
Lawrence Odle (March 23, 2009) which had indicated that in a future rulemaking, the definition of nonmetallic mineral
processing plant would be expanded to include cement transfer and concrete product facilities.

may either obtain a separate Dust Control Permit or conduct vertical construction or
demolition pursuant to a Title V, Non-Title V, or general permit.
Revise 304.3, 304.4, and 304.5 to authorize alternatives: Whether permitted under Rule
310 or Rule 316, the applicable control measures should be identical for site preparation
and maintenance activities. We therefore request that the owner or operator have the
flexibility to choose which permit best fits their business needs, at the election of the
owner or operator. Please revise the Draft Rule’s applicability to provide the owner or
operator with flexibility to authorize site preparation and maintenance activities under a
Dust Control Permit, stationary source permit, or a portable source general permit.
Response #3: The MCAQD has aligned the fugitive dust control requirements in Rule 316 with the
fugitive dust control requirements in Rule 310. This alignment will allow facilities that
were previously subject to both rules to more easily comply with all applicable
requirements. MCAQD has also removed the language referring to specific types of
permits that was proposed in Section 304 of the draft rule. Facilities subject to Rule 316
will continue to be subject to the applicable permitting requirements in Regulation II
(Permits and Fees) of the Maricopa County Air Pollution Control Regulations.
Comment #4: Please retain current definitions of “Affected Operation and Nonmetallic Mineral
Processing Plant.”
The proposed revised definitions of “Affected Operation” and “Nonmetallic Mineral
Processing Plant” would greatly expand the applicability of the rule, ensnaring each and
every operation that uses any nonmetallic mineral. The potential universe of additional
sources that would be regulated is thus very broad, and would include operations that
are very different than nonmetallic mineral processing facilities. ARPA requests that the
current definitions be retained.
Response #4: The MCAQD has retained the existing definition of “Affected Operation.” The
MCAQD has removed the changes to the definition of “Nonmetallic Mineral
Processing Plant” that were proposed in the draft rule that was prepared for the
November 30, 2017 stakeholder workshop. The proposed definition in the Draft Notice
of Final Rulemaking is identical to the existing definition, except that examples of
nonmetallic mineral processing that are not relevant to Maricopa County (such as coal
fired power plants and Portland cement plants) have been deleted.
Comment #5: Please keep current definition of “Aggregate Truck.”
The proposed revised definition would include all trucks, including pickups, regardless
of whether the truck was used to transport the products from a specific nonmetallic
mineral processing plant. The proposed definition could trigger new requirements
unnecessarily and unintentionally (for example, triggering the thresholds in Section
307.6). ARPA requests that the current definition be retained.
Response #5: The MCAQD has retained the existing definition of “Aggregate Truck.”

Comment #6: Please keep the definition of “Dust Generating Operation” and remove the proposed
definition of “Site Preparation and Maintenance.”
The definition of “Site Preparation and Maintenance” does not provide more clarity and
certainty than the current definition of “Dust Generating Operation.” ARPA therefore
requests that MCAQD retain the definition of dust generating operation and delete the
proposed definition of site preparation and maintenance.
Response #6: The MCAQD has retained the existing definition of “Dust-Generating Operation” and
removed the proposed definition of “Site Preparation and Maintenance.”
Comment #7: Please retain the current definition of “New Facility.”
Under federal law, transfer of ownership does not convert an existing source into a new
one that would then become immediately subject to standards that only apply to new
sources (for example, New Source Review or New Source Performance Standards). The
same principles should apply to Rule 316. A transfer of ownership should not convert
an existing facility into a new facility that is subject to additional requirements solely as a
result of the transfer. ARPA requests that the current definition of new facility be
retained. Additionally, to the extent permit writers are treating ownership transfers as
creating new facilities, ARPA requests that this practice cease.
Response #7: The MCAQD has considered this comment and agrees that, for the purposes of Rule
316, transfer of ownership should not convert an existing facility into a new facility.
Rather than retaining the current definition of “New Facility” the MCAQD has
proposed further revising the definition to clarify that, for the purposes of Rule 316,
transfer of ownership does not convert an existing facility to a new facility.
Comment #8: Provide flexibility for wet material processing operations.
Under Section 301.1.c as drafted, wet material processing operations would have a 0%
opacity limit. We understand the intent was to provide this as an alternative to installing
watering systems under 301.2.b. We therefore request clarity that this is an alternative,
not a requirement. Our proposed language is as follows:
Visible fugitive dust emissions from wet material processing operations and subsequent
screening operations, bucket elevators, and belt conveyors that process saturated
material in the production line up to the next crusher, grinding mill, or storage bin, if
the owner, operator, or person subject to this rule elects not to permanently mount
watering systems.
Response #8: The MCAQD considered this comment and determined that there are no significant
emission reductions to be gained by adding a new opacity standard that is only
applicable to wet material processing operations. In addition, the MCAQD has
determined that adding a new opacity standard that is only applicable to wet material
processing operations could make the visible emission standards for crushing and
screening operations more difficult to enforce. Therefore, the MCAQD has removed

the proposed opacity limit for wet material processing operations from the draft rule.
Visible emissions from wet material processing operations will still be subject to the
applicable emission limits in Table 336-1.
Comment #9: Delete or revise Draft Section 311.7.
Draft Section 311.7 requires the owner, operator, or person subject to the rule to supply
copies of the Dust Control Plan to anyone else engaged in any related operations. We
request that this proposed provision be removed, as Draft 311.6 would require the Dust
Control Plan to be on-site at all times. Providing written copies to all subcontractors,
even if onsite for a short period of time, would result in unnecessary, excessive use of
resources. Additionally, the provision could be interpreted to require two separate
entities, operating under separate permits, to share dust control plans with each other.
As an alternative, we ask that the provision be revised as follows:
The owner, operator, or person subject to this rule shall make available the approved
Dust Control Plan to all contractors and subcontractors at a facility who are engaged in
nonmetallic mineral processing or related operations that are subject to this Rule.
Response #9: The MCAQD has proposed to revise Section 311.7 to incorporate the recommended
language.
Comment #10: Delete draft Section 312.4
We request that Draft Section 312.4 be deleted. The Control Officer already has the
authority to request additional testing in appropriate circumstances, in accordance with
existing statutory and regulatory authorities.
Response #10: The MCAQD as deleted the additional moisture testing language that was proposed in
Section 312.4 of the draft rule that was prepared for the November 30, 2017
stakeholder workshop.
Comment #11: Revise Draft Section 501.2.a.(4).
The current rule requires records of asphaltic concrete produced daily to be maintained.
As proposed the Draft Rule would require records of average hourly production rate to
be maintained as well. This requirement is not in the current rule and therefore ARPA
requests its deletion.
Response #11: The MCAQD has removed average hourly production rate from the list of daily records
that must be maintained at an asphaltic concrete plant. The MCAQD will continue
requiring daily records of the amount of asphaltic concrete produced and the hours of
operation.
Comment #12: Delete Draft Section 501.2.a.(9).
ARPA requests that this proposed addition be removed. Fuel requirements (such as
usage, record keeping and other limitations) are addressed in other rules and leaving this
Requirement in Rule 316 could cause a conflict with the requirements of other rules.

Response #12: The MCAQD has considered this comment and deleted the requirement to keep daily
records of fuel consumption that were proposed in Section 501.2a(9) of the draft rule
that was prepared for the November 30, 2017 stakeholder workshop.
Comment #13: The Arizona Rock Products Association (“ARPA”) is grateful for the opportunity to
provide support related to the approval of revisions to the Maricopa County Air Quality
Department’s (“MCAQD”) Rule 316 for Non-Metallic Mineral Processing. As you are
aware, the MCAQD will present proposed revisions to Rule 316 at the Board of Health
meeting scheduled for Friday, February 2, 2018 at 1:30 pm.
Response #13: The MCAQD appreciates your support for the proposed changes.
Comment #14: Facility over workspace – wording.
Response #14: The MCAQD appreciates your feedback and will use the word "facility" instead of
"work-site" in Rule 316.
Comment #15: I oppose changes to this rule as it is not beneficial to my health. On the contrary, it is
harmful and we deserve clean air regulations to be enforced rather than removed.
Response #15: The MCAQD disagrees that this rulemaking will have an adverse effect on human
health or the environment. This rulemaking will decrease pollution by increasing
compliance with existing requirements. This will be achieved by increasing the clarity of
Rule 316, by incorporating EPA-approved alternative control measures, and by
consolidating applicable requirements in a single rule. This rulemaking is not making the
requirements for nonmetallic mineral processing less stringent.
Comment #16: This rule change would allow for more pollution in our air not less. It is the county's
responsibility to protect its citizenry and not corporations. Changing this rule would
harm public health and that should be enough to stop such a industry driven change but
because health doesn't seem to be a concern it would also lesson the tax base for the
county by driving down property values of homes affected by pollution.
Response #16: The MCAQD disagrees that this rulemaking will allow for more air pollution. This
rulemaking will decrease pollution by increasing compliance with existing requirements.
This will be achieved by increasing the clarity of Rule 316, by incorporating EPA-
approved alternative control measures, and by consolidating applicable requirements in
a single rule. This rulemaking is not making Rule 316 less stringent.
The MCAQD also disagrees that this rulemaking will have a negative effect on property
values. This rulemaking will not affect where nonmetallic mineral processing and related
operations may be located (as those decisions are made by municipal planning and
zoning agencies). In addition, this rulemaking is not making the requirements for
nonmetallic mineral processing less stringent and will not allow for an increase in air
pollution. Finally, the requirements in the draft rule are consistent with federal
requirements for nonmetallic mineral processing plants and hot mix asphalt plants.

Comment #17: I oppose the fact that the Air Quality Dept. is relaxing standards that protect the public
health and safety. There does not need to be “more flexible compliance”, there needs to
be stronger enforcement for pollution violators.
Response #17: The MCAQD disagrees that the draft rule relaxes the requirements for nonmetallic
mineral processing. By aligning Rule 316 with the New Source Performance Standards
for Nonmetallic Mineral Processing, the draft rule actually includes more stringent
opacity limits for crushers and other affected operations or process sources at a facility
that commenced construction, modification, or reconstruction on or after April 22,
2008. The more flexible compliance options for wind-blown dust actually enable the
facility owner/or operator to respond more quickly when wind is causing emissions. In
fact, the control measures for "wind-blown dust" in the draft rule are the same control
measures that were applicable during a "wind event" in the version of Rule 316 that was
adopted in 2008. In addition, the draft rule is actually more enforceable because the
MCAQD no longer has to demonstrate that the 60-minute average wind speed was
below 25 miles per hour before issuing a visible emissions violation. Instead, the
responsibility is on the owner, operator, or person subject to the rule to ensure that,
regardless of wind speed, wind-blown dust cannot be prevented by better application,
operation, or maintenance of fugitive dust control measures.
Comment #18: I oppose the fact that the Air Quality Dept. is relaxing standards that protect the public
health and safety. There does not need to be “more flexible compliance”, there needs to
be stronger enforcement for pollution violators.
Response #18: The MCAQD disagrees that the draft rule relaxes the requirements for nonmetallic
mineral processing. By aligning Rule 316 with the New Source Performance Standards
for Nonmetallic Mineral Processing, the draft rule actually includes more stringent
opacity limits for crushers and other affected operations or process sources at a facility
that commenced construction, modification, or reconstruction on or after April 22,
2008. The more flexible compliance options for wind-blown dust actually enable the
facility owner/or operator to respond more quickly when wind is causing emissions. In
fact, the control measures for "wind-blown dust" in the draft rule are the same control
measures that were applicable during a "wind event" in the version of Rule 316 that was
adopted in 2008. In addition, the draft rule is actually more enforceable because the
MCAQD no longer has to demonstrate that the 60-minute average wind speed was
below 25 miles per hour before issuing a visible emissions violation. Instead, the
responsibility is on the owner, operator, or person subject to the rule to ensure that,
regardless of wind speed, wind-blown dust cannot be prevented by better application,
operation, or maintenance of fugitive dust control measure
Comment #19: Just another example of MCAQD relaxing the air quality standards for the benefit of
the offenders at the detriment of the public's health.

Response #19: The MCAQD disagrees that this rulemaking will have an adverse effect on public
health. This rulemaking will decrease pollution by increasing compliance with existing
requirements. This will be achieved by increasing the clarity of Rule 316, by
incorporating EPA-approved alternative control measures, and by consolidating
applicable requirements in a single rule.
The MCAQD also disagrees that the draft rule relaxes the requirements for nonmetallic
mineral processing. By aligning Rule 316 with the New Source Performance Standards
for Nonmetallic Mineral Processing, the draft rule actually includes more stringent
opacity limits for crushers and other affected operations or process sources at a facility
that commenced construction, modification, or reconstruction on or after April 22,
2008.
10. Any other matter prescribed by statute that are applicable to the specific department or to any specific
rule or class of rules:
Not applicable
EXACT WORDING OF THE RULE
REGULATION III – CONTROL OF AIR CONTAMINANTS
RULE 316
NONMETALLIC MINERAL PROCESSING
INDEX
SECTION 100 – GENERAL
101 PURPOSE
102 APPLICABILITY
103 EXEMPTIONS
SECTION 200 – DEFINITIONS
201 AFFECTED OPERATION
202 AGGREGATE TRUCK
203 APPROVED EMISSION CONTROL SYSTEM (ECS)
204 AREA ACCESSIBLE TO THE PUBLIC
205 ASPHALTIC CEMENT
205 206 ASPHALTIC CONCRETE PLANT/ASPHALT PLANT
206 207 BAGGING OPERATION
207 208 BATCH TRUCK
208 209 BELT CONVEYOR
209 210 BERMS AND GUARD RAILS
211 BLASTING OPERATIONS
212 BLUE SMOKE

210 213 BULK MATERIAL
214 CEMENT
211 215 COHESIVE HARD SURFACE
212 216 CONCRETE PLANT
213 217 CONVEYING SYSTEM
214 218 CRUSHER
219 DELIVERY TRUCK
215 220 DISTURBED SURFACE AREA
221 DRY MATERIAL
216 222 DRY MIX CONCRETE PLANT
217 223 DUST-GENERATING OPERATION
218 224 DUST SUPPRESSANT
219 225 ENCLOSED TRUCK OR RAILCAR LOADING STATION
220 226 END OF WORK DAY
221 227 FABRIC FILTER BAGHOUSE
228 FACILITY
229 FLY ASH
222 230 FREEBOARD
223 231 FUGITIVE DUST CONTROL MEASURE
224 232 FUGITIVE DUST CONTROL TECHNICIAN
225 233 FUGITIVE DUST EMISSION
234 GRAVEL PAD
226 235 GRINDING MILL
227 236 HAUL/ACCESS ROAD
228 237 HAUL TRUCK
229 238 INFREQUENT OPERATIONS
239 LIME
230 MATERIAL DELIVERY TRUCK
240 MATERIAL STORAGE AND SILO LOADING OPERATIONS
231 241 MIXER TRUCK
232 242 MOTOR VEHICLE
233 243 NEW FACILITY
234 244 NONMETALLIC MINERAL
235 245 NONMETALLIC MINERAL PROCESSING PLANT
236 246 OPEN STORAGE PILE
237 247 OVERBURDEN REMOVAL OPERATION
248 OVERFLOW WARNING SYSTEM/DEVICE

238 249 PARTICULATE MATTER EMISSIONS
239 250 PAVE
240 251 PERMANENT AREAS OF A FACILITY
252 PERMANENT FACILITY
241 PORTLAND CEMENT PLANT
253 POZZOLAN
242 254 PRESSURE CONTROL SYSTEM
243 255 PROCESS
244 256 PROCESS SOURCE
245 257 PRODUCTION WORK SHIFT
246 PUBLIC ROADWAYS
258 RELATED OPERATIONS
247 259 RETURNED PRODUCTS
248 260 RUMBLE GRATE
261 SATURATED MATERIAL
249 262 SCREENING OPERATION
250 263 SILO
251 264 SILT
252 265 SPILLAGE
253 266 STACK EMISSIONS
254 267 STAGING AREA
268 STORAGE BIN
255 TEMPORARY FACILITY
256 269 TRACKOUT
257 270 TRACKOUT CONTROL DEVICE
271 TRANSFER FACILITY
258 272 TRANSFER POINT
259 273 TRUCK DUMPING
260 274 TRUCK WASHER
275 UNPAVED PARKING LOT
261 276 UNPAVED ROAD
262 277 VENT
278 WET MATERIAL PROCESSING OPERATION
279 WET MINING OPERATION
280 WET SCREENING OPERATION
263 281 WHEEL WASHER
282 WIND-BLOWN DUST

264 WIND EVENT
SECTION 300 – STANDARDS
301 CRUSHING AND SCREENING – PROCESS EMISSION LIMITATIONS AND CONTROLS
302 ASPHALTIC CONCRETE PLANTS – PROCESS EMISSION LIMITATIONS AND
CONTROLS
303 RAW MATERIAL STORAGE AND DISTRIBUTION SILO LOADING OPERATIONS,
CONCRETE PLANTS, AND/OR BAGGING OPERATIONS – PROCESS EMISSION
LIMITATIONS AND CONTROLS
304 OTHER ASSOCIATED OPERATIONS
305 AIR POLLUTION CONTROL EQUIPMENT AND APPROVED EMISSION CONTROL
SYSTEM (ECS)
306 FUGITIVE DUST EMISSION LIMITATIONS
307 FUGITIVE DUST CONTROL MEASURES
308 FACILITY INFORMATION SIGN
309 FUGITIVE DUST CONTROL TECHNICIAN
310 BASIC DUST CONTROL TRAINING CLASS
311 DUST CONTROL PLAN
312 GENERAL REQUIREMENTS CRUSHING AND SCREENING – MOISTURE TESTING
REQUIREMENTS
313 STANDARDS OF PERFORMANCE FOR NONMETALLIC MINERAL PROCESSING
SECTION 400 – ADMINISTRATIVE REQUIREMENTS
401 COMPLIANCE SCHEDULE FOR NEWLY AMENDED PROVISIONS OF THIS RULE
SECTION 500 – MONITORING AND RECORDS
501 MONITORING, RECORDKEEPING AND REPORTING
502 COMPLIANCE DETERMINATION FOR PROCESS EMISSIONS AND CONTROLS
503 COMPLIANCE DETERMINATION FOR EMISSIONS AND CONTROLS THAT ARE
REGULATED BY SECTION 301.1(B)(3), SECTION 302.1(E), 304 AND/OR SECTION 306 OF
THIS RULE
504 COMPLIANCE DETERMINATION FOR SOIL MOISTURE CONTENT AND SOIL
COMPACTION CHARACTERISTICS TEST METHODS ADOPTED INCORPORATED BY
REFERENCE
505 COMPLIANCE DETERMINATION FOR STABILIZATION STANDARDS TEST METHODS
ADOPTED INCORPORATED BY REFERENCE
506 CERTIFIED STREET SWEEPERS EQUIPMENT LIST ADOPTED INCORPORATED BY
REFERENCE

Return to list of attachments
Adopted 07/06/93
Revised 04/21/99
Revised 06/08/05
Revised 03/12/08
Adopted 07/06/93; Revised 04/21/99; Revised 06/08/05; Revised 03/12/08; Revised XX/XX/XXXX
MARICOPA COUNTY
AIR POLLUTION CONTROL REGULATIONS
REGULATION III – CONTROL OF AIR CONTAMINANTS
RULE 316
NONMETALLIC MINERAL PROCESSING
SECTION 100 – GENERAL
101 PURPOSE: To limit the emission of particulate matter into the ambient air from any nonmetallic mineral
processing plant and/or rock product processing plant and any related operations.
102 APPLICABILITY: The provisions of this rule shall apply to any commercial and/or industrial nonmetallic
mineral processing plant and/or rock product processing plant and any related operations. Compliance with
the provisions of this rule shall not relieve any person subject to the requirements of this rule from
complying with any other applicable rules, including federally enforceable New Source Performance
Standards and National Emission Standards for Hazardous Air Pollutants. In such case, the more stringent
standard shall apply. Whenever more than one rule, regulation, or emission limit applies to nonmetallic
mineral processing and any related operations subject to this rule, the more stringent standard applies.
103 EXEMPTIONS: The provisions of this rule do not apply to:
103.1 Dry material transfer facilities.
103.2 Water treatment facilities.
SECTION 200 – DEFINITIONS: See Rule 100 (General Provisions and Definitions) of these rules for definitions
of terms that are used but not specifically defined in this rule. For the purpose of this rule, the following definitions
shall apply: For the purpose of this rule, the following definitions shall apply, in addition to those definitions found
in Rule 100 (General Provisions and Definitions) of these rules. In the event of any inconsistency between any of the
Maricopa County air pollution control rules, the definitions in this rule take precedence.
201 AFFECTED OPERATION: An operation that processes nonmetallic minerals or that is related to such
processing and process sources including, but not limited to: excavating, crushers, grinding mills, screening
equipment, conveying systems, elevators, transfer points, bagging operations, storage bins, enclosed truck
and railcar loading stations, and truck dumping.
202 AGGREGATE TRUCK: Any truck with an open top used to transport the products of nonmetallic
mineral processing plants and/or rock product processing plants.
203 APPROVED EMISSION CONTROL SYSTEM (ECS): A system for reducing particulate emissions,
consisting of collection and/or control devices which are approved in writing by the Control Officer and are
designed and operated in accordance with good engineering practice.
204 AREA ACCESSIBLE TO THE PUBLIC: Any retail paved parking lot or public paved roadway that is
open to can be entered or used for public travel primarily for the purposes unrelated to the dust-generating
operations.

205 ASPHALTIC CEMENT: The dark brown to black cementitious material (solid, semisolid, or liquid in
consistency), of which the main constituents are naturally occurring bitumens or bitumens resulting from
petroleum refining.
205 206 ASPHALTIC CONCRETE PLANT/ASPHALT PLANT: Any facility used to manufacture asphaltic
concrete by mixing graded aggregate and asphaltic cements.
206 207 BAGGING OPERATION: The mechanical process by which bags or other containers are filled with
nonmetallic minerals or dry materials.
207 208 BATCH TRUCK: Any truck that loads and transports products produced by batch.
208 209 BELT CONVEYOR: A conveying device that transports material from one location to another by means
of an endless belt that is carried on a series of idlers and routed around a pulley at each end.
209 210 BERMS AND GUARD RAILS: A pile or mound Piles or mounds of material along an elevated roadway
capable of moderating or limiting the force of a vehicle in order to impede the vehicle's passage over the
bank of the roadway.
210 211 BLASTING OPERATIONS: Operations that break or displace soil and/or rock by means of explosives.
211 212 BLUE SMOKE: A combination of hydrocarbons and particulate matter that is produced when asphaltic
cement is heated.
210 213 BULK MATERIAL: Any material including, but not limited to: earth, rock, silt, sediment, sand, gravel,
soil, fill, aggregate less than two inches in length or diameter (i.e., aggregate base course (ABC)), dirt, mud,
demolition debris, cotton, trash, cinders, pumice, saw dust, feeds, grains, fertilizers, fluff (from shredders),
and dry concrete, that is capable of producing fugitive dust.
214 CEMENT: A powder consisting of, but not limited to, alumina, silica, lime, iron oxide, and/or magnesium
oxide burned together in a kiln and finely pulverized and used as an ingredient of mortar, concrete, and/or
other similar product including, but not limited to, any hydraulic cement such as Portland cement.
211 215 COHESIVE HARD SURFACE: Any material including, but not limited to: pavement, recycled asphalt
mixed with a binder, or a dust suppressant other than water applied and maintained as a roadway surface.
One of the following materials applied and maintained as a roadway surface:
215.1 Pavement, including but not limited to, asphalt, concrete, asphaltic concrete, concrete pavement,
chip seal, or rubberized asphalt.
215.2 Recycled asphalt mixed with a binder.
215.3 Continuous gravel cover which is at least six inches deep to which water is applied during the
workday.
215.4 A dust suppressant other than water, which is applied in accordance with the methods and
frequencies specified in the approved Dust Control Plan, which produces or creates a mass in
which the soil particles are tightly and uniformly stuck together such that visible emissions are not
produced by wind blowing across the surface or by motor vehicles or equipment driving on the
surface.
215.5 Another material, which is applied and maintained in accordance with the approved Dust Control
Plan, which creates a roadway surface such that visible emissions are not produced by wind
blowing across the surface or by motor vehicles or equipment driving on the surface.
212 216 CONCRETE PLANT: Any facility used to manufacture concrete by mixing water, aggregate, and
cement.

213 217 CONVEYING SYSTEM: A device for transporting materials from one piece of equipment or location to
another location within a facility. Conveying systems include, but are not limited to: feeders, belt
conveyers, bucket elevators and pressure control systems.
214 218 CRUSHER: A machine used to crush any nonmetallic minerals or products made with nonmetallic
minerals including, but not limited to, the following types: jaw, gyratory, cone, roll, rod mill, hammermill,
and impactor.
219 DELIVERY TRUCK: Any truck (including any non-motorized attachment to a truck, such as a trailer or
other conveyance connected to or propelled by the actual motorized portion of the truck) that holds, stores,
or delivers products or materials to or from nonmetallic mineral processing or any related operations.
215 220 DISTURBED SURFACE AREA: A portion of the earth's surface (or material placed thereupon) which
has been physically moved, uncovered, destabilized, or otherwise modified from its undisturbed native
condition thereby increasing if the potential for the emission of fugitive dust is increased by the movement,
destabilization, or modification.
221 DRY MATERIAL: Cement, fly ash, lime, and other pozzolan materials to which water or other liquids
have not been added.
216 222 DRY MIX CONCRETE PLANT: Any facility used to manufacture a mixture of aggregate and cements
without the addition of water.
217 223 DUST-GENERATING OPERATION: Any activity capable of generating fugitive dust including, but not
limited to: land clearing, earthmoving, weed abatement by discing or blading, excavating, construction,
demolition, bulk material handling, storage and/or transporting operations, vehicle use and movement, the
operation of any outdoor equipment, or unpaved parking lots. For the purpose of this rule, landscape
maintenance and playing on or maintaining a field used for non-motorized sports shall not be considered a
dust-generating operation. However, landscape maintenance shall not include grading, trenching, or any
other mechanized surface disturbing activities performed to establish initial landscapes or to redesign
existing landscapes.
218 224 DUST SUPPRESSANT: Water, hygroscopic material, solution of water and chemical surfactant, foam,
non-toxic chemical stabilizer, or any other dust palliative, which is not prohibited for ground surface
application by the EPA or the Arizona Department of Environmental Quality (ADEQ), or any applicable
law, rule, or regulation, as a treatment material for reducing fugitive dust emissions.
219 225 ENCLOSED TRUCK OR RAILCAR LOADING STATION: That portion of a nonmetallic mineral
processing plant where nonmetallic mineral are loaded by an enclosed conveying system into enclosed
trucks or railcars.
220 226 END OF WORK DAY: The end of a working period that may include one or more work shifts. If working
24 hours a day, the end of a working period shall be is considered no later than 8 pm.
221 227 FABRIC FILTER BAGHOUSE: Tube-shaped filter bags - long small-diameter fabric tubes referred to as
"bags" arranged in parallel flow paths and designed to separate particles and flue gas. A device in which
particulates are removed from the stream of exhaust gases using permeable fabric bags.
228 FACILITY: All the pollutant-emitting equipment and activities that are located on one or more contiguous or
adjacent properties, and that are under the control of the same person or persons under common control.
229 FLY ASH: Any product of coal combustion that is recovered for use as a cement or lime additive,
absorbent, gas scrubber, plastics filler or any other beneficial use and that is exempt from regulation as a
hazardous waste under 40 CFR 261.4.

222 230 FREEBOARD: The vertical distance between the top edge of a cargo container area and the highest point
at which the bulk material contacts the sides, front, and back of a cargo container area.
223 231 FUGITIVE DUST CONTROL MEASURE: A technique, practice, or procedure used to prevent or
minimize the generation, emission, entrainment, suspension, and/or airborne transport of fugitive dust.
224 232 FUGITIVE DUST CONTROL TECHNICIAN: A person with the authority to expeditiously employ
sufficient fugitive dust control measures to ensure compliance with Rule 316 of these rules this rule at an
active operation a facility where nonmetallic mineral processing or any related operations occur.
225 233 FUGITIVE DUST EMISSION: Particulate matter not collected by a capture system that is entrained in
the ambient air and is caused from human and/or natural activities.
234 GRAVEL PAD: A layer of washed gravel, rock, or crushed rock, which is at least one inch or larger in
diameter and at least six inches deep. A Gravel pad shall be at least 30 feet wide, and 50 feet long or the
length of the longest haul truck, whichever is greater, with a stabilizing mechanism/device (i.e., curbs or
structural devices along the perimeter of the gravel pad), and shall dislodge mud, dirt, and/or debris from
the tires of motor vehicles and/or haul trucks, prior to leaving a facility. If an unpaved surface exit does not
have adequate width to install a 30-foot wide gravel pad, then the width of the gravel pad shall cover the
full width of the unpaved surface exit and such shorter width shall be adequate to prevent trackout.
226 235 GRINDING MILL: A machine used for the wet or dry fine crushing of any nonmetallic mineral. Grinding
mills include, but are not limited to, the following types: hammer, roller, rod, pebble and ball, and fluid
energy. The grinding mill includes the air conveying system, air separator, or air classifier, where such
systems are used.
227 236 HAUL/ACCESS ROAD: Any on-site unpaved road that is used by haul trucks to carry materials from the
quarry or pit to different locations within the facility. For the purpose of this definition rule, haul/access
roads are not in permanent areas of a facility.
228 237 HAUL TRUCK: Any fully or partially open-bodied self-propelled vehicle including any non-motorized
attachments, such as but not limited to: trailers or other conveyances that are connected to or propelled by
the actual motorized portion of the vehicle used for transporting bulk materials.
229 238 INFREQUENT OPERATIONS: Operations that have state mine identification, approved reclamation
plans and bonding as required by State Mining and Reclamation Act of 1975, and only operate on an
average of 52 days per year over the past three years from June 8, 2005.
239 LIME: Any calcinated limestone including, but not limited to, hydraulic lime.
230 MATERIAL DELIVERY TRUCK – Any truck that loads and transports product to customers.
240 MATERIAL STORAGE AND SILO LOADING OPERATIONS: Any combination of processes or
equipment used for storing dry materials and/or loading dry materials into silos.
231 241 MIXER TRUCK: Any truck that mixes cement and other ingredients in a drum to produce concrete.
232 242 MOTOR VEHICLE: A self-propelled vehicle for use on the public roads and highways of the State of
Arizona and required to be registered under the Arizona State Uniform Motor Vehicle Act, including any
non-motorized attachments, such as but not limited to: trailers or other conveyances which are connected to
or propelled by the actual motorized portion of the vehicle.
233 243 NEW FACILITY: A facility subject to this rule that has not been operated by such facility prior to that
commenced nonmetallic mineral processing or any related operations on or after June 8, 2005. A facility

that commenced nonmetallic mineral processing or any related operations before June 8, 2005 does not
become a new facility due to the addition of new equipment, processes, or operations.
234 244 NONMETALLIC MINERAL: Any of the following minerals or any mixture of which the majority is any
of the following minerals:
234.1 244.1 Crushed and broken stone, including limestone, dolomite, granite, rhyolite, traprock, sandstone,
quartz, quartzite, marl, marble, slate, shale, oil shale, and shell.
234.2 244.2 Sand, and gravel and quarried rocks.
234.3 244.3 Clay including kaolin, fireclay, bentonite, fuller's earth, ball clay, and common clay.
234.4 244.4 Rock salt.
234.5 244.5 Gypsum.
234.6 244.6 Sodium compounds including sodium carbonate, sodium chloride, and sodium sulfate.
234.7 244.7 Pumice.
234.8 244.8 Gilsonite.
234.9 244.9 Talc and pyrophyllite.
234.10 244.10 Boron including borax, kernite, and colemanite.
234.11 244.11 Barite.
234.12 244.12 Fluorspar.
234.13 244.13 Feldspar.
234.14 244.14 Diatomite.
234.15 244.15 Perlite.
234.16 244.16 Vermiculite.
234.17 244.17 Mica.
234.18 244.18 Kyanite including andalusite, sillimanite, topaz, and dumortierite.
234.19 244.19 Coal.
235 245 NONMETALLIC MINERAL PROCESSING PLANT: Any facility utilizing any combination of
equipment or machinery to mine, excavate, separate, combine, crush, or grind any nonmetallic mineral
including, but not limited to: lime plants, coal fired power plants, steel mills, asphalt plants, concrete plants,
Portland cement plants, raw material storage and distribution, and sand and gravel plants. Rock Product
Processing Plants are included in this definition.
236 246 OPEN STORAGE PILE: Any accumulation of bulk material with a 5% or greater silt content that has a
total surface area of 150 square feet or more and that at any one point attains a height of three feet. Silt
content shall be is assumed to be 5% or greater unless a person can show, by testing in accordance with
ASTM Method C136-06 or other equivalent method approved in writing by the Control Officer and the
Administrator, that the silt content is less than 5%. For the purpose of this rule, the definition of open
storage pile does not include berms and guard rails that are installed to comply with 30 Code of Federal
Regulations (CFR) 56.93000.
237 247 OVERBURDEN REMOVAL OPERATION: An operation that removes and/or strips soil, rock, or other
materials that lie above a natural nonmetallic mineral deposit and/or in-between a natural nonmetallic
mineral deposit.
248 OVERFLOW WARNING SYSTEM/DEVICE: A properly functioning system or device that sends a
signal indicating that the level of material in a silo is approaching or at maximum capacity. The

system/device shall be designed to automatically stop silo filling operations, or alert the operator(s) to stop
the loading operation, when the level of material in a silo is approaching or at maximum capacity.
238 249 PARTICULATE MATTER EMISSIONS: Any and all finely divided solid or liquid materials other than
uncombined water released to the ambient air as measured by the applicable state and federal test methods.
239 250 PAVE: To apply and maintain asphalt, concrete, or other similar material to a roadway surface (i.e.,
including, but not limited to, asphaltic concrete, concrete pavement, chip seal, rubberized asphalt, or
recycled asphalt mixed with a binder, to the surface of a roadway or parking lot.
240 251 PERMANENT AREAS OF A FACILITY: Areas that remain in-place for 180 days or more in 12
consecutive months. Permanent areas of a facility include the following areas: entrances, exits, parking
areas, office areas, warehouse areas, maintenance areas (not including maintenance areas that are in the
quarry or pit), concrete plant areas, asphaltic plant areas, and roads leading to and from such areas.
252 PERMANENT FACILITY: Any facility that remains in-place for 180 days or more in 12 consecutive
months.
241 PORTLAND CEMENT PLANT – Any facility that manufactures Portland Cement using either a wet or
dry process.
253 POZZOLAN: Any of finely divided siliceous or siliceous and aluminous materials that react chemically
with slaked lime at ordinary temperature and in the presence of moisture to form a strong, slow-hardening
cement.
242 254 PRESSURE CONTROL SYSTEM: System in which loads are moved in the proper sequence, at the
correct time, and at the desired speed through the use of valves that control the direction of air flow,
regulate actuator speed, and or respond to changes in air pressure.
243 255 PROCESS: One or more operations including those using equipment and technology in the production of
goods or services or the control of by-products or waste.
244 256 PROCESS SOURCE: The last operation of a process or a distinctly separate process which produces an
air contaminant and which is not a pollution abatement operation.
245 257 PRODUCTION WORK SHIFT: An eight-hour operating period based on the 24-hour operating
schedule.
246 PUBLIC ROADWAYS – Any roadways that are open to public travel.
258 RELATED OPERATIONS: The use, handling, or storage of dry materials or nonmetallic minerals at a
facility that produces other products or materials, or the preparation and maintenance of a facility subject to
this rule. Related operations may include, but are not limited to:
258.1 Asphaltic concrete plants, asphalt plants, concrete plants, and dry mix concrete plants.
258.2 Material storage and silo loading operations that occur at asphaltic concrete plants, asphalt plants,
concrete plants, and dry mix concrete plants.
258.3 Bagging operations.
258.4 Handling, processing, or disposal of returned products.
258.5 Processing of materials made with nonmetallic minerals or dry materials, including, but not
limited to, concrete crushing.
258.6 Installing, constructing, or maintaining unpaved roads, parking lots, or pads for processing
equipment at a facility subject to this rule.

258.7 Dust-generating operations that occur at a facility subject to this rule.
258.8 Blasting operations.
247 259 RETURNED PRODUCTS: Left-over concrete or asphalt products that were not used at a job site and
were returned to the facility.
248 260 RUMBLE GRATE: A system where the vehicle is vibrated while traveling over grates with the purpose
of removing dust and other debris. A system that produces a vibration such that mud, dirt, and/or debris are
shaken off the tires and the exterior surfaces of a motor vehicle as a motor vehicle passes over the system.
The minimum length of a rumble grate shall be 20 feet in the direction of vehicle travel or the
circumference of the largest tire of a motor vehicle as a motor vehicle passes over such rumble grate,
whichever is greater. The width of a rumble grate shall cover the full width of the exit. A rumble grate shall
consist of raised dividers (e.g., rails, pipes, or grates), which shall meet all of the following specifications:
260.1 The height of each divider shall measure no less than three inches;
260.2 The width of each divider shall measure no more than four inches; and
260.3 The distance between each divider (i.e., from the outer edge of a divider to the outer edge of a
divider next to such divider) shall measure no less than six inches.
261 SATURATED MATERIAL: Mineral material with sufficient surface moisture such that particulate
matter emissions are not generated from processing of the material through screening operations, bucket
elevators, and belt conveyors. Material that is wetted solely by wet suppression systems is not considered to
be “saturated” for the purpose of this rule.
249 262 SCREENING OPERATION: A device (such as a shaker screen) that mechanically separates material
according to its size by passing undersize material through one or more mesh surfaces (screens) in series
and retaining oversize material on the mesh surfaces (screens).
250 263 SILO: An elevated storage container with or without a top that releases material thru the bottom.
251 264 SILT: Any aggregate material with a particle size less than 75 micrometers in diameter, which passes
through a No. 200 sieve.
252 265 SPILLAGE: Any quantity of nonmetallic minerals/materials that spill Material caused or allowed,
intentionally or unintentionally, to flow, run, or fall out, over or off of vehicles or equipment, while being
processed or after having been processed by an affected operation, where such spilled nonmetallic
minerals/materials can have the potential to generate or cause fugitive dust emissions.
253 266 STACK EMISSIONS: The particulate matter emissions Emissions that are released to the atmosphere
from a capture system through a building vent, stack or other point source discharge, including particulate
matter or other emissions which have the potential to become particulate matter when released into the
atmosphere and combined with other emissions from the same source.
254 267 STAGING AREA: A place where aggregate trucks and mixer trucks temporarily queue for their loading
or unloading.
268 STORAGE BIN: A facility enclosure, hopper, silo, or surge bin for the storage of nonmetallic minerals or
products made with nonmetallic minerals prior to further processing or loading.
255 TEMPORARY FACILITY – A facility that occupies a designated site for not more than 180 days in a
calendar year.

256 269 TRACKOUT: Any and all bulk materials that have the potential to produce fugitive dust and to adhere to
and agglomerate on the surfaces of motor vehicles, haul trucks, and/or equipment (including tires) and that
have fallen or been deposited onto an paved area accessible to the public.
257 270 TRACKOUT CONTROL DEVICE: A gravel pad, grizzly, wheel washer, rumble grate, paved area, truck
washer, or other equivalent trackout control device located at the point of intersection of an unpaved area
and an paved area accessible to the public that controls and prevents trackout and/or removes particulate
matter from tires and the exterior surfaces of aggregate trucks, haul trucks, and/or motor vehicles that
traverse a facility.
271 TRANSFER FACILITY: A facility that exclusively receives, stores, and distributes dry materials that
remain within enclosed systems (such as hoses and silos) at all times.
258 272 TRANSFER POINT: A point in a conveying operation system where nonmetallic mineral is materials are
transferred from or to a belt conveyor, except for transfer to a stockpile.
259 273 TRUCK DUMPING: The unloading of nonmetallic minerals or products made with nonmetallic minerals
from movable vehicles designed to transport nonmetallic minerals or products made with nonmetallic
minerals from one location to another. Movable vehicles include, but are not limited to: trucks, front end
loaders, skip hoists, and railcars.
260 274 TRUCK WASHER: A system that is used to wash the entire surface and the tires of a truck.
275 UNPAVED PARKING LOT: Any area that is not paved and that is designated for parking or storing
motor vehicles and equipment in the Dust Control Plan or that is used for parking or storing motor vehicles
and equipment.
261 276 UNPAVED ROAD: Any roads, equipment paths, or travel ways that are not covered by typical roadway
materials. Public unpaved roads are any unpaved roadway owned by federal, state, county, municipal, or
governmental or quasigovernmental agencies. Private unpaved roads are all other unpaved roadways not
defined as public. Any road or equipment path that is not paved. For the purpose of this rule, an unpaved
road is not a horse trail, hiking path, bicycle path, or other similar path used exclusively for purposes other
than travel by motor vehicles.
262 277 VENT: An opening through which there is mechanically or naturally induced air flow for the purpose of
exhausting air carrying particulate matter.
278 WET MATERIAL PROCESSING OPERATION: Either of the following:
278.1 Wet screening operations and subsequent screening operations, bucket elevators, and belt
conveyors in the production line that process saturated materials up to the next crusher, grinding
mill, or storage bin in the production line; or
278.2 Screening operations, bucket elevators, and belt conveyors in the production line downstream of
wet mining operations that process saturated materials up to the first crusher, grinding mill, or
storage bin in the production line.
279 WET MINING OPERATION: A mining or dredging operation designed and operated to extract any
nonmetallic mineral from deposits existing at or below the water table, where the nonmetallic mineral is
saturated with water.
280 WET SCREENING OPERATION: A screening operation which removes unwanted material or which
separates marketable fines from the product by a washing process which is designed and operated at all
times such that the product is saturated with water.

263 281 WHEEL WASHER: A system that is capable of washing the entire circumference of each wheel of the
vehicle.
282 WIND-BLOWN DUST: Visible emissions, from any disturbed surface area, process source, or operation,
which are generated by wind action alone.
264 WIND EVENT – When the 60-minute average wind speed is greater than 25 miles per hour.
SECTION 300 – STANDARDS
301 CRUSHING AND SCREENING – PROCESS EMISSION LIMITATIONS AND CONTROLS:
301.1 Process Emission Limitations: The owner and/or operator An owner, operator, or person subject
to this rule shall not discharge, or cause, or allow to be discharged into the ambient air:
a. Stack emissions: exceeding 7% opacity and containing more than 0.02 grains/dry standard
cubic foot (gr/dscf) (50 mg/dscm) of particulate matter.
(1) Exceeding 7% opacity; or
(2) Containing more than 0.014 grains/dry standard cubic foot (gr/dscf) of particulate matter.
b. Fugitive dust emissions exceeding 7% opacity from any transfer point on a conveying system
the applicable opacity limits in Table 316-1.
TABLE 316-1
FUGITIVE DUST EMISSION LIMITS FOR CRUSHING AND SCREENING
OPACITY LIMITS
At a facility that commenced construction,
modification, or reconstruction
EMISSION SOURCE Before April 22, 2008 On or after April 22, 2008
(1) Any transfer point on a conveying system 7% 7%
(2) Any crusher 15% 12%
(3) Truck dumping directly into any screening operation,
feed hopper, or crusher 20% 20%
(4) Any other affected operation or process source 10% 7%
c. Fugitive dust emissions exceeding 15% opacity from any crusher.
d. Fugitive dust emissions exceeding 10% opacity from any affected operation or process
source, excluding truck dumping.
e. Fugitive dust emissions exceeding 20% opacity from truck dumping directly into any
screening operation, feed hopper, or crusher. Opacity observations to determine compliance
with this section of this rule shall be conducted in accordance with the techniques specified in
Appendix C-Fugitive Dust Test Methods of these rules.
301.2 Controls: The owner and/or operator An owner, operator, or person subject to this rule shall
implement process controls described in Section 301.2(a), Section 301.2(b), and Section 301.2(c),
and Section 301.2(d) of this rule or shall implement process controls described in Section 301.2(a)
and Section 301.2(d) 301.2(e) of this rule:

a. Enclose sides of all shaker screens.
b. Permanently mount watering systems (e.g., including, but not limited to, spray bars, a fogging
system, or a misting system or an equivalent control) on all of the points listed below, for
crushers, shaker screens, and material transfer points. excluding wet material processing
operations:
(1) At every location of fugitive dust emissions from all crushers including, but not limited
to, the inlet and outlet of all crushers;
(2) At the outlet of all shaker screens; and
(3) Outlet of At all material transfer points, excluding transfer points located within a surge
tunnel; and wet plants.
(4) At the exit of each surge tunnel, unless a watering system is permanently mounted at all
transfer points within the surge tunnel.
c. Operate watering systems, as necessary, (e.g., spray bars or an equivalent control) on the
points listed in Section 301.2(b) of this rule for crushers, shaker screens, and material transfer
points, excluding wet plants, to continuously maintain a 4% the applicable minimum moisture
content listed below. Compliance shall be demonstrated by conducting moisture testing as
specified in Section 312 of this rule.
(1) 2% minimum moisture content at all points in a process line where washed feed products
are directly feeding a hot mix asphalt plant;
(2) 2.5% minimum moisture content at all points in a process line where unwashed feed
products are directly feeding a hot mix asphalt plant; and
(3) 4% minimum moisture content at all other points in a process line, unless an alternative
minimum moisture content has been approved by the Control Officer and the
Administrator.
(4) An alternative minimum moisture content requested in a permit application and approved
by the Control Officer and the Administrator prior to implementation. When requesting
an alternative minimum moisture content, the owner, operator, or person subject to this
rule shall submit to the Control Officer documentation that justifies the alternative
minimum moisture content. Documentation may include, but is not limited to: economic
analyses, emissions rates, water availability, and technical feasibility.
(1) The watering systems shall be maintained in good operating condition, as verified by
daily inspections.
(2) The owner and/or operator shall investigate and correct any problems before continuing
and/or resuming operations.
(3) The owner and/or operator shall conduct soil moisture tests as follows:
(a) If the owner and/or operator is required to have in place a Fugitive Dust Control
Technician according to Section 309 of this rule, then soil moisture tests shall be
conducted twice daily in accordance with the test methods described in Section 502
of this rule.
(b) If the owner and/or operator is not required to have in place a Fugitive Dust Control
Technician according to Section 309 of this rule, then soil moisture tests shall be
conducted daily in accordance with the test methods described in Section 502 of this
rule.
(c) If the owner and/or operator demonstrates that the 4% minimum moisture content is
maintained for a minimum of four weeks, then soil moisture tests may be conducted
weekly in accordance with the test methods described in Section 502 of this rule.

(d) If the owner and/or operator fails to comply with the opacity limitations described in
Section 301.1, Section 306.1, or Section 306.2 of this rule and/or if two consecutive
soil moisture tests are below 4%, then the owner and/or operator shall conduct soil
moisture tests in accordance with Section 301.2(c)(3)(a) or Section 301.2(c)(3)(b) of
this rule, as applicable.
(e) If the owner and/or operator of a facility complies with both of the following
requirements, then the number of sampling points identified in Section 502.3(c)(1)
through (3) of this rule may be reduced:
301 (i) A soil moisture test is conducted in accordance with the test methods
described in Section 502 of this rule at the primary crusher, which indicates that
at least a 5% minimum moisture content is maintained; and
302 (ii) A demonstration that complies with Section 502.3(d) of this rule is
submitted to and approved by the Control Officer and is complied with in
accordance with Section 502.3(d) of this rule.
(4) The owner and/or operator may request in a permit application, with explanation, an
alternative plan that justifies a minimum moisture content other than 4% and that justifies
conducting fewer soil moisture tests as are required. In the request, the owner and/or
operator shall submit to the Control Officer documentation regarding a minimum
moisture content other than 4%, including, but not limited to: economics, emissions rates,
water availability, and technical feasibility. In addition, the owner and/or operator shall
demonstrate that the proposed alternative compliance demonstration plan will be
equivalent in determining compliance with the soil moisture content requirements. Prior
approval from the Control Officer and the Administrator shall be received before
implementing the plan.
d. Maintain watering systems in good operating condition, as verified by daily inspections on
days when process equipment is operating, and investigate and correct any problems before
continuing and/or resuming operation of process equipment.
d. e. Enclose and exhaust the regulated process to a properly sized fabric filter baghouse.
302 ASPHALTIC CONCRETE PLANTS – PROCESS EMISSION LIMITATIONS AND CONTROLS:
302.1 Process Emission Limitations: The owner and/or operator An owner, operator, or person subject
to this rule shall not discharge, or cause, or allow to be discharged into the ambient air:
a. For When producing non-rubberized asphaltic concrete plants, stack emissions: exceeding 5%
opacity and containing more than 0.04 gr/dscf (90 mg mg/dscm) of particulate matter.
(1) Exceeding 5% opacity; or
(2) Containing more than 0.04 gr/dscf (90 mg mg/dscm) of particulate matter.
b. For When producing rubberized asphaltic concrete, stack emissions: plants (when producing
rubberized asphalt only), stack emissions exceeding 20% opacity and containing more than
0.04 gr/dscf (90 mg/dscm) of particulate matter.
(1) Exceeding 20% opacity; or
(2) Containing more than 0.04 gr/dscf (90 mg/dscm) of particulate matter;
c. When producing rubberized asphaltic concrete, fugitive emissions of blue smoke from the
drum dryer exceeding 20% opacity.
c. d. Fugitive dust emissions exceeding 10% opacity from any affected operation, or process
source, excluding truck dumping.
e. Fugitive dust emissions exceeding 20% opacity from truck dumping directly into any asphalt
plant feed hopper.

302.2 Controls: The owner and/or operator An owner, operator, or person subject to this rule shall, from
all drum dryers, control and vent exhaust from all drum dryers to a properly sized fabric filter
baghouse.
303 RAW MATERIAL STORAGE AND SILO LOADING OPERATIONS, DISTRIBUTION,
CONCRETE PLANTS, AND/OR BAGGING OPERATIONS – PROCESS EMISSION
LIMITATIONS AND CONTROLS:
303.1 Process Emission Limitations: The owner and/or operator An owner, operator, or person subject
to this rule shall not discharge or cause or allow to be discharged into the ambient air:
a. Stack emissions exceeding 5% opacity.; or
b. Fugitive dust emissions exceeding 10% opacity from any affected operation, or process
source, excluding truck dumping.
303.2 Controls: The owner and/or operator An owner, operator, or person subject to this rule shall
implement the following process controls:
a. On all cement, lime, and/or fly ash dry material storage silo(s), install and operate an
operational overflow warning system/device. The system/device shall be designed to alert
operator(s) to stop the loading operation when the cement, lime, and/or fly ash storage silo(s)
are reaching a capacity that could adversely impact pollution abatement equipment.
b. On new cement, lime, and/or fly ash all dry material storage silos installed after June 8, 2005,
install a properly sized fabric filter baghouse or equivalent device designed to meet a
maximum outlet grain loading of 0.01 gr/dscf.
c. On dry mix concrete plant loading stations/, when loading truck mixed product, implement
one of the following process controls:
(1) Install and use a rubber fill tube;
(2) Install and operate a water spray;
(3) Install and operate a properly sized fabric filter baghouse or delivery system;
(4) Enclose mixer loading stations such that no visible emissions occur; or
(5) Conduct mixer loading stations in an enclosed process building such that no visible
emissions from the building occur during the mixing activities.
d. On each cement storage silo filling processing/loading operations controls, install a pressure
control system designed to shut-off the cement silo filling processes/loading operations, if
pressure from the delivery truck is excessive, as defined in the approved Operation and
Maintenance (O&M) Plan.
e. On each dry material storage silo filling process/loading operation installed after [insert date
of rule adoption], install a pressure control system designed to shut-off the silo filling
process/loading operation if pressure from the delivery truck is excessive, as defined in the
approved O&M Plan.
304 OTHER ASSOCIATED OPERATIONS: All other affected operations or process sources not specifically
listed in Sections 301, 302, or 303 of this rule associated with the processing of nonmetallic minerals, all
other fugitive dust emission limitations not specifically listed in Section 306 of this rule, all other fugitive
dust control measures not specifically listed in Section 307 of this rule, and all overburden operations shall,
at a minimum, meet the provisions of Rule 310 of these rules.
304.1 For all dust-generating operations not specifically listed in Sections 301, 302, or 303 of this rule,
the owner, operator, or person subject to this rule shall implement fugitive dust control measures
to comply with Section 306 and Section 307 of this rule.

304.2 Dust-generating operations at a facility subject to the requirements of this rule shall not commence
until the owner, operator, or person subject to this rule has obtained an air pollution control permit
in accordance with Rule 200 of these rules.
304.3 Dust-generating operations that occur before or while portable equipment subject to the
requirements of this rule is located at a facility shall not commence until the owner, operator, or
person subject to this rule has obtained an air pollution control permit and submitted a move
notice in accordance with Rule 200 of these rules.
a. With each portable source move notice, the owner, operator, or person subject to this rule
shall submit, to the Control Officer, a Dust Control Plan that meets the requirements of
Section 311 of this rule.
b. With each portable source move notice, the owner, operator, or person subject to this rule
shall submit, to the Control Officer, an O&M Plan that meets the requirements of Section 305
of this rule.
305 AIR POLLUTION CONTROL EQUIPMENT AND APPROVED EMISSION CONTROL SYSTEM
(ECS): An owner, operator, or person subject to this rule and/or operator of a facility shall provide,
properly install and maintain in calibration, in good working order, and in operation air pollution control
equipment required by this rule. When selecting air pollution control equipment required by this rule, the
owner, operator, or person subject to this rule and/or operator of a facility may consider the site-specific
and/or material-specific conditions and logistics of a facility. When doing so, some air pollution control
equipment may be more reasonable to implement than others. Regardless, any air pollution control
equipment that is installed must achieve the applicable standard(s) required by this rule, as determined by
the corresponding test method(s), as applicable, and must achieve other applicable standard(s) set forth in
this rule. The owner, operator, or person subject to this rule and/or operator of a facility may submit a
request to the Control Officer and the Administrator for the use of alternative air pollution control
equipment. The request shall include the proposed alternative air pollution control equipment, the air
pollution control equipment that the alternative would replace, and a detailed statement or report
demonstrating that the air pollution control equipment would result in equivalent or better emission control
than the equipment prescribed in this rule. Nothing in this rule shall be construed to prevent an owner,
operator, or person subject to this rule and/or operator of a facility from making such demonstration.
Following a decision by the Control Officer and the Administrator to grant the petition, the owner,
operator, or person subject to this rule facility shall incorporate the alternative air pollution control
equipment in any required Operation and Maintenance (O&M) Plan.
305.1 Operation and Maintenance (O&M) Plan Requirements for an ECS: For each ECS that is
used to comply with this rule or an air pollution control permit, the owner, operator, or person
subject to this rule shall:
a. An owner and/or operator of a facility shall provide and maintain, readily available on-site at
all times, (an) O&M Plan(s) for any ECS, any other emission processing equipment, and any
ECS monitoring devices that are used pursuant to this rule or to an air pollution control
permit. Submit to the Control Officer for approval an O&M Plan for each ECS and for each
ECS monitoring device that is used pursuant to this rule or an air pollution control permit. The
O&M Plan(s) shall include all of the following information:
(1) ECS equipment manufacturer name and model designation;
(2) ECS equipment serial number, or a unique identifier assigned by the owner; and
(3) Key system operating parameters, such as temperatures, pressures and/or flow rates,
necessary to determine the ECS is functioning properly and operating within design
parameters, as well as the acceptable operating range, monitoring frequency, and
recording method for each operating parameter.
(4) Descriptions of maintenance procedures that will be performed on each ECS and ECS
monitoring device and the frequency of each maintenance procedure.

b. The owner and/or operator of a facility shall submit to the Control Officer for approval the
O&M Plan(s) for each ECS and for each ECS monitoring device that is used pursuant to this
rule. Provide and maintain, readily available on-site at all times, the approved O&M Plan(s)
for each ECS and each ECS monitoring device that is used pursuant to this rule or to an air
pollution control permit.
c. The owner and/or operator of a facility shall comply with all the identified actions and
schedules provided in each O&M Plan. Install, maintain, and accurately calibrate monitoring
devices described in the approved O&M Plan(s). The monitoring devices shall measure
pressures, rates of flow, and/or other operating conditions necessary to determine if the
control devices are functioning properly.
d. Fully comply with all the identified actions and schedules provided in each O&M Plan.
e. Upon receipt of written notice from the Control Officer that an O&M Plan is deficient or
inadequate, submit a revised O&M Plan to the Control Officer within 5 working days of
receipt of the Control Officer’s written notice, unless such time period is extended by the
Control Officer, upon written request, for good cause. During the time that the owner,
operator, or person subject to this rule is preparing revisions to the O&M Plan, the owner,
operator, or person subject to this rule shall comply with all requirements of this rule.
305.2 Operation and Maintenance (O&M) Plan Requirements for Dust Control Measures:
a. An owner and/or operator of a facility shall provide and maintain, readily available on-site at
all times, (an) O&M Plan(s) for equipment associated with any process fugitive emissions and
fugitive dust control measures (i.e., gravel pads, wheel washers, truck washers, rumble grates,
watering systems, and street sweepers) that are implemented to comply with this rule or an air
pollution control permit.
b. The owner and/or operator of a facility shall comply with all the identified actions and
schedules provided in each O&M Plan.
305.3 Providing and Maintaining ECS Monitoring Devices: An owner and/or operator of a facility
operating an ECS pursuant to this rule shall install, maintain, and calibrate monitoring devices
described in the O&M Plan(s). The monitoring devices shall measure pressures, rates of flow,
and/or other operating conditions necessary to determine if the control devices are functioning
properly.
305.4 O&M Plan Responsibility: An owner and/or operator of a facility that is required to have an O&M
Plan pursuant to Section 305 of this rule must fully comply with all O&M Plans that the owner
and/or operator has submitted for approval, even if such O&M Plans have not yet been approved,
unless notified in writing by the Control Officer.
306 FUGITIVE DUST EMISSION LIMITATIONS: An owner, operator, or person subject to this rule shall
comply with the following limitations at all times and in all areas of a site, unless otherwise specified.
306.1 20% Opacity Limitation: For emissions that are not already regulated by an opacity limit, the
owner and/or operator of a facility an owner, operator, or person subject to this rule shall not
discharge, or cause, or allow to be discharged into the ambient air fugitive dust emissions
exceeding 20% opacity, in accordance with the test methods described in Section 503 of this rule
and in Appendix C-Fugitive Dust Test Methods of these rules.
306.2 Visible Emission Limitation Beyond Property Line: An owner, operator, or person subject to
this rule and/or operator of a facility shall not discharge, cause, or allow to be discharged visible
emissions of particulate matter, including fugitive dust emissions from any active operation, open
storage pile, or disturbed surface area associated with such facility such that the presence of such
fugitive dust emissions remain visible in the atmosphere beyond the property line of such facility
within which the emissions are generated.
306.3 Wind Event Wind-Blown Dust: The fugitive dust emission limitations described in Section 306.1
and Section 306.2 of this rule shall not apply to wind-blown dust during a wind event, if the owner

and/or operator of a facility owner, operator, or person subject to this rule meets the following
conditions:
a. Has implemented the fugitive dust control measures described in Section 307 of this rule, as
applicable, and the fugitive dust emissions cannot be prevented by better application,
operation, or maintenance of these fugitive dust control measures;
b. Has compiled and retained records, in accordance with Section 501.4 of this rule, and has
documented by records the occurrence of a wind event on the day(s) in question. The
occurrence of a wind event must be determined by the nearest Maricopa County Air Quality
Department monitoring station, from any other certified meteorological station, or by a wind
instrument that is calibrated according to manufacturer’s standards and that is located at the
site being checked; and
c. Has implemented the following high wind fugitive dust control measures, as applicable:
(1) For an active operation, implement one of the following fugitive dust control measures,
in accordance with the test methods described in Section 503 and Section 504 of this rule
and in Appendix C-Fugitive Dust Test Methods of these rules:
(a) Cease active operation of any equipment or activity that may contribute to an
exceedance of the fugitive dust emission limitations described in Section 306.1 of
this rule for the duration of the wind event and, if active operation is ceased for the
remainder of the work day, stabilize the area; or
(b) Before and during active operations, Apply water or other suitable dust suppressant
other than water to keep the soil visibly moist.
(2) For an inactive open storage pile, implement one of the following fugitive dust control
measures, in accordance with the test methods described in Section 503 and Section 504
of this rule and in Appendix C-Fugitive Dust Test Methods of these rules:
(a) Maintain a soil crust by applying water or other suitable dust suppressant other than
water or by implementing another fugitive dust control measure, in sufficient
quantities to meet the stabilization standards described in Section 505 of this rule.
(b) Cover open storage pile with tarps, plastic, or other material such that wind will not
remove the covering, if open storage pile is less than eight feet high.
(3) For an inactive disturbed surface area, implement one of the following fugitive dust
control measures, in accordance with the test methods described in Section 503 and
Section 504 of this rule and in Appendix C-Fugitive Dust Test Methods of these rules:
(a) Uniformly apply and maintain surface gravel or a dust suppressant other than water;
or
(b) Maintain a soil crust by applying water or other suitable dust suppressant other than
water or by implementing another fugitive dust control measure, in sufficient
quantities to meet the stabilization standards described in Section 505 of this rule.
306.4 Stabilization Standards Silt Loading and Silt Content Standards for Unpaved Roads and
Unpaved Parking Lots and Unpaved Staging Areas: From unpaved roads and unpaved parking
and staging areas, the owner and/or operator of a facility shall not discharge or allow to be
discharged into the ambient air fugitive dust emissions exceeding 20% opacity, in accordance with
the test methods described in Section 502 of this rule and in Appendix C-Fugitive Dust Test
Methods of these rules, and one of the following: An owner, operator, or person subject to this
rule shall not allow silt loading equal to or greater than 0.33 oz/ft2 for unpaved roads, unpaved
parking lots, and unpaved staging areas. However, if silt loading is equal to or greater than 0.33
oz/ft2, the owner, operator, or person subject to this rule shall not allow:
a. For unpaved roads, silt loading equal to or greater than 0.33 oz/ft2 or silt content exceeding
6%. Silt content to exceed 6% for unpaved roads; or

b. For unpaved parking and staging areas, silt loading equal to or greater than 0.33 oz/ft2 or silt
content exceeding 8%. Silt content to exceed 8% for unpaved parking lots and staging areas.
306.5 Stabilization Standards for all other areas: An owner, operator, or person subject to this rule
shall stabilize all areas of the facility, excluding unpaved roads, unpaved parking lots, and
unpaved staging areas, in order to meet at least one of the standards listed below, as applicable:
a. An owner and/or operator of a facility with an open area or a disturbed surface area on which
no activity is occurring (including areas that are temporarily or permanently inactive) shall be
considered in violation of this rule if area is not maintained in a manner that meets at least one
of the standards listed below, as applicable. Maintain visible soil moisture;
(1) b. Maintain a soil crust;
(2) c. Maintain a threshold friction velocity (TFV) for disturbed surface areas corrected for non-
erodible elements of 100 cm/second or higher;
(3) d. Maintain a flat vegetative cover (i.e., attached (rooted) vegetation or unattached vegetative
debris lying on the surface with a predominant horizontal orientation that is not subject to
movement by wind) that is equal to at least 50%;
(4) e. Maintain a standing vegetative cover (i.e., vegetation that is attached (rooted) with a
predominant vertical orientation) that is equal to or greater than 30%;
(5) f. Maintain a standing vegetative cover (i.e., vegetation that is attached (rooted) with a
predominant vertical orientation) that is equal to or greater than 10% and where the threshold
friction velocity is equal to or greater than 43 cm/second when corrected for non-erodible
elements;
(6) g. Maintain a percent cover that is equal to or greater than 10% for non-erodible elements; or
(7) h. Comply with a standard of an alternative test method, upon obtaining the written approval
from the Control Officer and the Administrator.
b. i. If no activity is occurring on an open storage pile and material handling or surface soils where
support equipment and vehicles operate in association with such facility and if an open
storage pile and material handling or surface soils where support equipment and vehicles
operate in association with such a facility contains more than one type of visibly
distinguishable stabilization characteristics, soil textures, vegetation, or other characteristics,
which are visibly distinguishable, the owner and/or operator shall test each representative
surface area will be evaluated separately for stability, in an area that represents a random
portion of the overall disturbed conditions of the site, in accordance with the appropriate test
methods described in Section 505 of this rule and in Appendix C-Fugitive Dust Test Methods
of these rules.
307 FUGITIVE DUST CONTROL MEASURES: The owner and/or operator of a nonmetallic mineral
processing plant and/or a rock product processing plant An owner, operator, or person subject to this rule
shall implement the fugitive dust control measures described in this Sections 307.1 through 307.12 of this
rule, as applicable. When selecting a fugitive dust control measure(s), the owner and/or operator of a
facility an owner, operator, or person subject to this rule may consider the site-specific and/or material-
specific conditions and logistics of a facility. When doing so, some fugitive dust control measures may be
more reasonable to implement than others. Regardless, any fugitive dust control measure that is
implemented must achieve the applicable standard(s) described in Section 306 of this rule, as determined
by the corresponding test method(s), as applicable, and must achieve other applicable standard(s) set forth
in this rule. The owner and/or operator of a facility An owner, operator, or person subject to this rule may
submit a request to the Control Officer and the Administrator for the use of alternative control measure(s).
The request shall include the proposed alternative control measure, the control measure that the alternative
would replace, and a detailed statement or report demonstrating that the measure would result in equivalent
or better emission control than the measures prescribed in this rule. Nothing in this rule shall be construed
to prevent an owner and/or operator of a facility owner, operator, or person subject to this rule from making
such demonstration. Following a decision by the Control Officer and the Administrator to grant the

petition, the facility shall incorporate the alternative control measure in any required Dust Control Plan.
When engaged in the activities described in Section 301 and Section 307.1 through Section 307.9 of this
rule, the owner and/or operator of a facility shall install, maintain, and use fugitive dust control measures as
described in Section 307.1 through Section 307.9 of this rule, as applicable.
307.1 Open Storage Piles and Material Handling: The owner and/or operator of a facility An owner,
operator, or person subject to this rule shall implement all of the following fugitive dust control
measures, as applicable. For the purpose of this rule, open storage pile(s) and material handling
does not include berms and guard rails that are installed to comply with 30 CFR 56.93000.
However, such berms and guard rails shall be installed and maintained in compliance with Section
306.1, Section 306.2, and Section 306.5 of this rule.
a. Prior to, and/or while conducting loading and unloading loading, unloading, and excavating
operations, implement one of the following fugitive dust control measures:
(1) Spray material with water, as necessary; or
(2) Spray material with a dust suppressant other than water, as necessary.
b. When not conducting loading and unloading loading, unloading, and excavating operations,
implement one of the following fugitive dust control measures:
(1) Spray material with water, as necessary;
(2) Maintain a 1.5% or more soil moisture content of the open storage pile(s);
(3) Locate open storage pile(s) in a pit/in the bottom of a pit;
(4) Arrange open storage pile(s) such that storage pile(s) of larger diameter products are on
the perimeter and act as barriers to/for open storage pile(s) that could create fugitive dust
emissions;
(5) Construct and maintain wind barriers, storage silos, or a three-sided enclosure with walls,
whose length is no less than equal to the length of the pile, whose distance from the pile
is no more than twice the height of the pile, whose height is equal to the pile height, and
whose porosity is no more than 50%; or
(6) Cover open storage piles with tarps, plastic, or other material to prevent wind from
removing the coverings; or.
(7) Maintain a visible crust.
c. When installing new open storage pile(s), at an existing facility and/or when installing new
open storage pile(s) at a new facility, the owner and/or operator an owner, operator, or person
subject to this rule shall implement all of the following fugitive dust control measures, only if
it is determined to be feasible on a case-by-case basis through the Dust Control Plan by
assessing the amount of open land available at the property at the time the new open storage
pile(s) are formed:
(1) Install the open storage pile(s) at least 25 feet or more from the property line. An owner,
operator, or person subject to this rule may be allowed to install the open storage pile(s)
less than 25 feet from the property line, if the owner, operator, or person subject to this
rule can demonstrate to the Control Officer that there is not adequate space to install the
open storage pile(s) 25 feet or more from the property line. Such demonstration shall be
made in writing and approved by the Control Officer; and
(2) Limit the height of the open storage pile(s) to less than 45 feet.
d. For existing open storage pile(s) and when installing open storage pile(s) for an existing
facility or for a new facility, if such For any open storage pile(s) will be constructed over that
are more than eight feet high and will not be that are not covered, then the owner and/or
operator the owner, operator, or person subject to this rule shall install, use, and maintain a
water truck or other method that is capable of completely wetting the surfaces of the open
storage pile(s).

307.2 Surface Stabilization Unpaved Parking Lots, Staging Areas, and Areas Where Support
Equipment and Vehicles Operate: The owner and/or operator of a facility An owner, operator or
person subject to this rule shall implement one of the following fugitive dust control measures on
areas other than the areas identified in Section 307.3 and Section 307.4 of this rule where loaders,
support equipment, and vehicles operate.
a. Apply and maintain water;
b. Apply and maintain a dust suppressant, other than water; or
c. Apply and maintain a layer of washed gravel that is at least six inches deep a gravel pad in
compliance with Section 307.6(b)(4) of this rule.
307.3 Haul/Access Roads That Are Not in Permanent Areas of a Facility:
a. The owner and/or operator of a facility An owner, operator or person subject to this rule shall
implement one of the following fugitive dust control measures, as applicable, before engaging
in the use of, or in the maintenance of, haul/access roads. Compliance with the provisions of
this section of this rule shall not relieve any person subject to the requirements of this section
of this rule from complying with any other federally enforceable requirements (i.e., a permit
issued under Section 404 of the Clean Water Act).
(1) Install and maintain bumps, humps, or dips for speed control and apply water, as
necessary;
(2) Limit vehicle speeds and apply water, as necessary;
(3) Pave Install and maintain a paved surface;
(4) Apply and maintain a layer of washed gravel that is six inches deep pad in compliance
with Section 307.6(b)(4) of this rule;
(5) Apply a dust suppressant, other than water; or
(6) Install and maintain a cohesive hard surface.
b. For a new facility, if it is determined that none of the fugitive dust control measures described
in Section 307.3(a) of this rule can be technically and feasibly implemented, then the owner
and/or operator of a new facility shall the owner, operator, or person subject to this rule shall
maintain a minimum distance of 25 feet or more from between the property line for and
haul/access roads associated with the new facility. Such determination shall be made and
approved in writing by the Control Officer and the Administrator and shall be approved in the
Dust Control Plan.
307.4 On-Site Traffic:
a. The owner and/or operator of a facility An owner, operator, or person subject to this rule shall
require all batch trucks and material delivery trucks to remain on roads with paved surfaces or
cohesive hard surfaces.
b. The owner and/or operator of a facility An owner, operator, or person subject to this rule shall
require all aggregate trucks to remain on paved surfaces or cohesive hard surfaces, except
when driving on roads leading to and from aggregate loading areas/loading operations, as
approved in the Dust Control Plan.
c. The owner and/or operator of a facility An owner, operator, or person subject to this rule shall
require all batch trucks and material delivery trucks to enter and exit the facility/operation
only through entrances exits that comply with the trackout control device requirements in
Section 307.6 of this rule.
d. The owner and/or operator of a facility An owner, operator, or person subject to this rule shall
pave or install a cohesive hard surface on permanent areas of a facility on which vehicles
drive, as approved in the Dust Control Plan.

307.5 Off-Site Traffic: Hauling and/or Transporting Bulk Material: When hauling and/or
transporting bulk material off-site, the owner and/or operator of a facility shall implement all of
the following control measures:
a. Load all haul trucks such that the freeboard is not less than three inches;
b. Prevent spillage or loss of bulk material from holes or other openings in the cargo
compartment’s floor, sides, and/or tailgate(s); and
c. Cover haul trucks with a tarp or other suitable closure.
a. When hauling and/or transporting bulk material off-site, an owner, operator, or person subject
to this rule shall implement all of the following control measures:
(1) Load all haul trucks such that the freeboard is not less than three inches;
(2) Prevent spillage or loss of bulk material from holes or other openings in the cargo
compartment’s floor, sides, and/or tailgate(s); and
(3) Cover haul trucks with a tarp or other suitable closure.
b. When hauling and/or transporting bulk material within the boundaries of the facility, an
owner, operator, or person subject to this rule shall implement one of the following control
measures:
(1) Limit vehicle speed to 15 miles per hour or less while traveling within the facility;
(2) Apply water to the top of the load; or
(3) Cover haul trucks with a tarp or other suitable closure.
c. When hauling and/or transporting bulk material within the boundaries of a facility and
crossing or accessing an area accessible to the public, an owner, operator, or person subject to
this rule shall implement all of the following control measures:
(1) Load all haul trucks such that the freeboard is not less than three inches;
(2) Prevent spillage or loss of bulk material from holes or other openings in the cargo
compartment’s floor, sides, and/or tailgate(s); and
(3) Cover haul trucks with a tarp or other suitable closure.
307.6 Trackout Control Devices, Trackout, and Spillage:
a. Rumble Grate and Wheel Washer Trackout Control Devices for Facilities with 60 or
More Trucks Exiting on Any Day: The owner and/or operator of a new permanent facility
and the owner and/or operator An owner, operator, or person subject to this rule shall install,
maintain, and use a rumble grate and wheel washer, in accordance with all of the following
conditions, as applicable at a of an existing permanent facility with a minimum of 60 or more
aggregate trucks, mixer trucks, delivery trucks and/or batch trucks exiting a the facility on any
day onto paved public roadways/paved areas accessible to the public shall install, maintain,
and use a rumble grate and wheel washer, in accordance with all of the following conditions,
as applicable. For the purpose of this rule, a vehicle wash and/or a cosmetic wash may be
substituted for a wheel washer, provided such vehicle wash and/or cosmetic wash has at least
40 pounds per square inch (psi) water spray from the nozzle (owner and/or operator of the
facility shall have a water pressure gauge available on-site to allow verification of such water
pressure), meets the definition of wheel washer (i.e., is capable of washing the entire
circumference of each wheel of the vehicle), is operated in such a way that visible deposits are
removed from the entire circumference of each wheel of the vehicle exiting the wash, is
installed, maintained, and used in accordance with criteria in Section 307.6(a)(1)-(5) of this
rule, and is approved in the Dust Control Plan for the facility.
(1) The owner and/or operator of a facility An owner, operator, or person subject to this rule
shall locate a rumble grate within 10 feet from a wheel washer.

(a) The rumble grate and wheel washer shall be located no less than 30 feet prior to each
exit that leads to a paved public roadway/paved area accessible to the public and that
is used by aggregate trucks, mixer trucks, delivery trucks, and/or batch trucks.
(b) The owner and/or operator of a facility An owner, operator, or person subject to this
rule may be allowed to install a rumble grate and wheel washer less than 30 feet
prior to each exit if the owner and/or operator of a facility owner, operator, or person
subject to this rule can demonstrate to the Control Officer that there is not adequate
space to install a rumble grate and wheel washer no less than 30 feet prior to each
exit and that a rumble grate and wheel washer at a shorter distance will be adequate
to prevent trackout.
(c) A rumble grate shall consist of raised dividers (rails, pipes, or grates) a minimum of
three inches tall, six inches apart, and 20 feet long, to allow a vibration to be
produced such that dust is shaken off the wheels of a vehicle as the entire
circumference of each wheel of the vehicle passes over the rumble grate. A vehicle
wash and/or a cosmetic wash may be substituted for a wheel washer, provided such
vehicle wash and/or cosmetic wash has at least 40 pounds per square inch (psi) water
spray from the nozzle, meets the definition of wheel washer (i.e., is capable of
washing the entire circumference of each wheel of the vehicle), is operated in such a
way that visible deposits are removed from the entire circumference of each wheel of
the vehicle exiting the wash, is installed, maintained, and used in accordance with
criteria in Section 307.6(a)(1)-(6) of this rule, and is approved in the Dust Control
Plan for the facility.
(2) The owner and/or operator of a facility An owner, operator, or person subject to this rule
shall ensure that all aggregate trucks, mixer trucks, delivery trucks, and/or batch trucks
exit the facility via the rumble grate first and then the wheel washer.
(3) The owner and/or operator of a facility An owner, operator, or person subject to this rule
shall post a sign by the rumble grate and wheel washer to designate the speed limit as 5
miles per hour.
(4) The owner and/or operator of a facility An owner, operator, or person subject to this rule
shall pave the roads from the rumble grate and wheel washer to the facility exits leading
to paved public roadways/paved areas accessible to the public.
(5) The owner and/or operator of a facility An owner, operator, or person subject to this rule
shall ensure that all aggregate trucks, mixer trucks, delivery trucks, and/or batch trucks
remain on the paved roads between the rumble grate and wheel washer and the facility
exits leading to paved public roadways/paved areas accessible to the public.
(6) An owner, operator, or person subject to this rule shall have a water pressure gauge
available on-site to measure nozzle pressure if a vehicle wash and/or cosmetic wash is
substituted for a wheel washer.
b. Rumble Grate, Wheel Washer, or Truck Washer Trackout Control Devices for Facilities
with Less than 60 Trucks Exiting on Any Day: The owner and/or operator of a facility An
owner, operator, or person not subject to Section 307.6(a) of this rule shall install, maintain,
and use a rumble grate, wheel washer, or truck washer in accordance with all of the following:
(1) A rumble grate, wheel washer, or truck washer shall be located no less than 30 feet prior
to each exit that leads to a paved public roadway/paved area accessible to the public and
that is used by aggregate trucks, mixer trucks, delivery trucks, and/or batch trucks.
(a) The owner and/or operator of a facility An owner, operator, or person subject to this
rule may be allowed to install a rumble grate, wheel washer, or truck washer less
than 30 feet prior to each exit if the owner and/or operator of a facility can
demonstrate to the Control Officer that there is not adequate space to install a rumble
grate, wheel washer, or truck washer no less than 30 feet prior to each exit and that a

rumble grate, wheel washer, or truck washer at a shorter distance will be adequate to
prevent trackout.
(b) A rumble grate shall consist of raised dividers (rails, pipes, or grates) a minimum of
three inches tall, six inches apart, and 20 feet long, to allow a vibration to be
produced such that dust is shaken off the wheels of a vehicle as the entire
circumference of each wheel of the vehicle passes over the rumble grate.
(2) The owner and/or operator of a facility An owner, operator, or person subject to this rule
shall ensure that all aggregate trucks, mixer trucks, delivery trucks, and/or batch trucks
exit the facility via a rumble grate, wheel washer, or truck washer.
(3) The owner and/or operator of a facility An owner, operator, or person subject to this rule
shall post a sign by the rumble grate, wheel washer, or truck washer to designate the
speed limit as 5 miles per hour.
(4) If haul/access roads are unpaved between the rumble grate, wheel washer, or truck
washer and the facility exits leading to paved public roadways/ paved areas accessible to
the public, a gravel pad shall be installed, maintained, and used from the rumble grate,
wheel washer, or truck washer to such paved public roadways/paved areas accessible to
the public. The gravel pad shall be flushed with water or completely replaced as
necessary to comply with the trackout threshold described in Section 307.6(d) of this
rule. in accordance with all of the following:
(a) Gravel pad shall be designed with a layer of washed gravel, rock, or crushed rock
that is at least one inch or larger in diameter and 6 inches deep, 30 feet wide, and 50
feet long and shall be flushed with water or completely replaced as necessary to
comply with the trackout threshold described in Section 307.6(d) of this rule.
(b) Gravel pad shall have a gravel pad stabilizing mechanism/device (i.e., curbs or
structural devices along the perimeter of the gravel pad) and shall be flushed with
water or completely replaced as necessary to comply with the trackout threshold
described in Section 307.6(d) of this rule.
c. Exemptions for Wheel Washers from Trackout Control Device Requirements: The owner
and/or operator of a facility shall not be required to install, maintain, and use a wheel washer,
if any one of the following are applicable:
(1) An owner, operator, or person subject to his rule shall not be required to install, maintain,
and use a wheel washer at a facility that has all paved roads and meters aggregate or
related materials directly to a ready-mix or hot mix asphalt truck, with the exception of
returned products. The owner and/or operator of the facility owner, operator, or person
subject to this rule shall install, maintain, and use a rumble grate in compliance with
Section 307.6(b) of this rule.
(2) An owner, operator, or person subject to his rule shall not be required to install, maintain,
and use a wheel washer at a facility that is less than 5 acres in land size and handles
recycled asphalt and recycled concrete exclusively. The owner and/or operator of the
facility An owner, operator, or person subject to this rule shall install, maintain, and use a
rumble grate in compliance with Section 307.6(b) of this rule and shall install a gravel
pad in compliance with Section 307.6(b)(4) of this rule on all unpaved roads leading to
the facility exits leading to paved public roadways/paved areas accessible to the public.
(3) An owner, operator, or person subject to his rule shall not be required to install, maintain,
and use a wheel washer at a facility that has a minimum of ¼ mile paved roads leading
from a rumble grate to the facility exits leading to paved public roadways/paved areas
accessible to the public.
(4) An owner, operator, or person subject to his rule shall not be required to install, maintain,
and use a wheel washer at a facility that meets the definition of infrequent operations, as
defined in Section 229 238 of this rule. The owner and/or operator of the facility An

owner, operator, or person subject to this rule shall install, maintain, and use a rumble
grate in compliance with Section 307.6(b) of this rule and shall install a gravel pad in
compliance with Section 307.6(b)(4) of this rule. The gravel pad shall be installed for a
distance of no less than 100 feet from the rumble grate to the facility exits leading to
paved public roadways/paved areas accessible to the public. The owner and/or operator
of the facility An owner, operator, or person subject to this rule shall keep records in
accordance with Section 500 of this rule, as applicable. The owner and/or operator of the
facility An owner, operator, or person subject to this rule shall notify the Control Officer
in the event that the facility will operate more than 52 days per year based on the average
rolling 3-year period after June 8, 2005 and the owner and/or operator of the facility
owner, operator, or person subject to this rule shall comply with Section 307.6 of this
rule, as applicable.
(5) An owner, operator, or person subject to this rule shall not be required to install,
maintain, or use a wheel washer, rumble grate, or other trackout control device specified
in Section 307.6(a)-(b) of this rule, where the only possible fugitive dust release from the
facility may be generated from a process that is otherwise vented or controlled through an
approved emission control system and provided the following controls are in place:
(a) A paved surface is installed and maintained on all internal travel, parking, and
vehicle maneuvering areas;
(b) All emissions from processes that create dust are captured by an approved emission
control system operated in accordance with Section 305.1 of this rule;
(c) All dry material storage silos are equipped with an overflow warning system/device
and a pressure control system which prevents spillage during silo loading;
(d) All material from rail car bottom dumping, for rail car unloading, is contained in
areas where no vehicle use or maneuvering is permitted; and
(e) All material transfer operations are conducted in a manner that prevents spillage of
material to the ground.
d. Trackout Distance: An owner and/or operator of a facility shall not allow trackout to extend
a cumulative distance of 25 linear feet or more from all facility exits onto paved areas
accessible to the public. Notwithstanding the proceeding, the owner and/or operator of a
facility shall clean up all other trackout at the end of the workday.
(1) An owner, operator, or person subject to this rule shall not allow trackout to extend a
cumulative distance of 25 linear feet or more from all facility exits onto paved areas
accessible to the public.
(2) An owner, operator, or person subject to this rule shall clean up all trackout at the end of
the work day.
e. Cleaning Paved Roads Identified in the Dust Control Plan: The owner and/or operator of a
facility An owner, operator, or person subject to this rule shall clean all paved roads identified
in the Dust Control Plan for a facility in accordance with all of the following as applicable:
(1) The owner and/or operator of An owner, operator, or person subject to this rule at a
facility with a minimum of 60 or more aggregate trucks, mixer trucks, delivery trucks,
and/or batch trucks exiting the facility on any day shall sweep the paved roads with a
street sweeper by the end of each production work shift, if there is evidence of dirt and/or
other bulk material extending a cumulative distance of 12 linear feet or more on any
paved road.
(2) The owner and/or operator of An owner, operator, or person subject to this rule at a
facility with less than 60 aggregate trucks, mixer trucks, delivery trucks, and/or batch
trucks exiting the facility on any day shall sweep the paved roads with a street sweeper by
the end of every other work day, if there is evidence of dirt and/or other bulk material
extending a cumulative distance of 12 linear feet or more on any paved road. On the days

that paved roads are not swept, if there is evidence of dirt and/or other bulk material
extending a cumulative distance of 12 linear feet or more on any paved road, an owner,
operator, or person subject to this rule shall remove the dirt and/or other bulk material
from the paved internal road by the end of the work day the owner and/or operator of a
facility shall apply water on at least 100 feet of paved roads or the entire length of paved
roads leading to an exit to paved public roadways/paved areas accessible to the public, if
such roadways are less than 100 feet long.
(3) The owner and/or operator of a facility, An owner, operator or person subject to this rule
who purchases street sweepers after June 8, 2005, shall purchase street sweepers that
meet the criteria of PM10-efficient South Coast Air Quality Management Rule 1186
certified street sweepers.
(4) The owner and/or operator of An owner, operator, or person subject to this rule a new
facility shall use South Coast Air Quality Management Rule 1186 certified street
sweepers to sweep paved roads at a new facility.
f. Spillage: An owner, operator, or person subject to this rule shall comply with the following
requirements:
(1) Maintain all spillage in a stabilized condition with dust suppressants until removal.
(2) Clean-up all spillage at the end of the work day.
307.7 Pad Construction for Processing Equipment: The owner and/or operator of a facility shall
implement, maintain, and use fugitive dust control measures during the construction of pads for
processing equipment, so as to meet all of the applicable requirements in this rule, and shall
identify, in the Dust Control Plan, such fugitive dust control measures.
307.7 Weed Abatement by Discing or Blading: An owner, operator, or person subject to this rule shall
implement all of the following fugitive dust control measures before, during, and after weed
abatement by discing or blading:
a. Before weed abatement by discing or blading occurs, apply water;
b. While weed abatement by discing or blading is occurring, apply water; and
c. After weed abatement by discing or blading occurs, pave, apply gravel, apply water, apply a
suitable dust suppressant other than water, or establish vegetative ground cover.
307.8 Spillage: In addition to complying with the fugitive dust emission limitations described in Section
306 of this rule and implementing fugitive dust control measures described in Section 307.1
through Section 307.9 of this rule, as applicable, the owner and/or operator of a facility shall
implement the following fugitive dust control measures, as applicable, when spillage occurs:
a. Promptly remove any pile of spillage on paved haul/access roads/paved roads; or
b. Maintain in a stabilized condition any pile of spillage on paved haul/access roads/paved roads
and remove such pile by the end of each day; and
c. Maintain in a stabilized condition all other piles of spillage with dust suppressants until
removal.
307.8 Demolition: An owner, operator, or person subject to this rule shall implement all of the following
fugitive dust control measures for demolition activities:
a. Apply water to demolition debris immediately following demolition activity; and
b. After demolition, apply water to all soil surfaces to establish a visible crust and to prevent
wind erosion.
307.9 Nighttime Operations Blasting Operations: The owner and/or operator of a facility shall
implement, maintain, and use fugitive dust control measures at night, as approved in the Dust
Control Plan. An owner, operator, or person subject to this rule shall pre-water and maintain

surface soils in a stabilized condition where support equipment and vehicles will operate when
conducting blasting operations.
307.10 Other Dust-Generating Operations: An owner, operator, or person subject to this rule shall
implement the following control measures, as applicable, when conducting dust-generating
operations not specifically listed in Section 307.1 through Section 307.9 of this rule, or when a
dust-generating operation is finished for a period of 30 days or longer:
a. Before disturbed surface areas are created, implement one of the following control measures:
(1) Pre-water site to depth of cuts, allowing time for penetration; or
(2) Phase work to reduce the amount of disturbed surface areas at any one time.
b. While disturbed surface areas are being created, implement one of the following control
measures:
(1) Apply water or other suitable dust suppressant other than water to keep the soil visibly
moist;
(2) Apply water to maintain a soil moisture content at a minimum of 12%, as determined by
ASTM Method D2216-05 or other equivalent method as approved by the Control Officer
and the Administrator. For areas that have optimum moisture content for compaction of
less than 12%, as determined by ASTM Method D1557-02e1 or other equivalent method
approved by the Control Officer and the Administrator, maintain at least 70% of the
optimum soil moisture content; or
(3) Implement control measures described in Section 307.10(b)(1) or Section 307.10(b)(2) of
this rule and construct fences or three-foot to five-foot high wind barriers with 50% or
less porosity adjacent to roadways or urban areas to reduce the amount of wind-blown
material leaving a site.
c. When a dust-generating operation is finished for a period of 30 days or longer, the owner,
operator, or person subject to this rule shall implement one of the following control measures
on the disturbed surface area within ten days after cessation nonmetallic mineral processing,
related operations, or any other dust-generating operations.
(1) Pave, apply gravel, or apply a suitable dust suppressant other than water;
(2) Establish vegetative ground cover;
(3) Implement control measures described in Section 307.10(c)(1) or Section 307.10(c)(2) of
this rule and restrict vehicle access to the area;
(4) Apply water and prevent access by fences, ditches, vegetation, berms, or other suitable
barrier or means sufficient to prevent vehicle access as approved by the Control Officer;
(5) Restore area such that the vegetative ground cover and soil characteristics are similar to
adjacent or nearby undisturbed native conditions.
307.11 Nighttime Operations: An owner, operator or person subject to this rule shall implement,
maintain, and use fugitive dust control measures between sunset and sunrise so as to meet all of
the applicable requirements in this rule, and shall identify in the Dust Control Plan such fugitive
dust control measures.
307.12 Soil Moisture: If water is the chosen control measure in an approved Dust Control Plan, the
owner, operator, or person subject to this rule shall operate a water application system (e.g. a water
truck) at the facility while conducting any operations that have the potential to generate fugitive
dust emissions, unless a visible crust is maintained or the soil is sufficiently damp to prevent loose
grains of soil from becoming dislodged.
308 FACILITY INFORMATION SIGN: The owner and/or operator of a facility An owner, operator, or
person subject to this rule shall erect and maintain a facility information sign at the main entrance such that

members of the public can easily view and read the sign at all times. Such sign shall have a white
background, have black block lettering that is at least four inches high, and shall contain at least all of the
following information:
308.1 Facility name and permittee’s name;
308.2 Current number of the air quality permit or of authority to operate under a general permit;
308.3 Name and local phone number of person(s) responsible for dust control matters; and
308.4 Text stating: “Dust complaints? Call Maricopa County Air Quality Department - (Insert the
accurate Maricopa County Air Quality Department complaint line telephone number).”
309 FUGITIVE DUST CONTROL TECHNICIAN: The owner and/or operator of a facility An owner,
operator, or person subject to this rule with a rated or permitted capacity of 25 tons or more of material per
hour or with five acres or more of disturbed surface area subject to a permit, whichever is greater, shall
have in place a Fugitive Dust Control Technician, who shall meet all of the following qualifications:
309.1 Be authorized by the owner and/or operator of the facility owner, operator, or person subject to
this rule to have full authority to ensure that fugitive dust control measures are implemented on-
site and to conduct routine inspections, recordkeeping, and reporting to ensure that all fugitive
dust control measures are installed, maintained, and used in compliance with this rule.
309.2 Be trained in accordance with the Comprehensive Dust Control Training Class conducted or
approved by the Control Officer, successfully complete, at least once every three years, such
Comprehensive Dust Control Training Class, and have a valid dust training certification
identification card readily accessible on-site while acting as a Fugitive Dust Control Technician.
309.3 Be authorized by the owner and/or operator of the facility, operator, or person subject to this rule
to install, maintain, and use fugitive dust control measures, deploy resources, and shutdown or
modify activities equipment or operations as needed.
309.4 Be on-site at all times during primary dust-generating operations related to the purposes for which
the permit was obtained.
309.5 Be certified to determine opacity as visible emissions in accordance with the provisions of the
EPA Method 9 as specified in 40 CFR, Part 60, Appendix A.
309.6 Be authorized by the owner and/or operator of the facility, operator, or person subject to this rule
to ensure that the site superintendent or other designated on-site representative of the owner and/or
operator of the facility, operator, or person subject to this rule and water truck and water pull
drivers for each site be trained in accordance with the Basic Dust Control Training Class
conducted or approved by the Control Officer with jurisdiction over the site and successfully
complete, at least once every three years, such Basic Dust Control Training Class.
310 BASIC DUST CONTROL TRAINING CLASS:
310.1 At least once every three years, the site superintendent plant manager, foreman, or other
designated on-site representative of the permit holder, if present at a site that has more than one
acre of disturbed surface area that is subject to a permit issued by the Control Officer requiring
control of PM10 emissions from dust-generating operations shall successfully complete a Basic
Dust Control Training Class conducted or approved by the Control Officer.
310.2 At least once every three years, water truck and water-pull drivers shall successfully complete a
Basic Dust Control Training Class conducted or approved by the Control Officer.
310.3 All persons having successfully completed training during the 2006 and 2007 calendar years shall
be deemed to have satisfied the requirement to successfully complete the Basic Dust Control
Training Class, if the training that was completed was conducted or approved by the Control
Officer. Completion of the Comprehensive Dust Control Training Class, as required in Section
309.2 of this rule, shall satisfy the requirement of this section of this rule.

310.4 For water truck drivers hired on or after [insert date of rule adoption], basic training is required
within 60 days from the date of hire unless such time period is extended by the Control Officer,
upon written request, for good cause.
311 DUST CONTROL PLAN:
311.1 The owner and/or operator of a facility shall An owner, operator, or person subject to this rule
shall submit, to the Control Officer, a Dust Control Plan that describes all fugitive dust control
measures to be implemented, in order to comply with Section 305.2, Section 306, Section 307, and
Section 309 of this rule includes, at a minimum, the following information:
a. Name(s), address(es), and phone numbers of person(s) responsible for the submittal and
implementation of the Dust Control Plan and responsible for the dust-generating operation.
b. Equipment associated with any process fugitive emissions to be implemented, in order to
comply with Sections 301, 302, and 303 of this rule.
c. Fugitive dust control measures to be implemented, in order to comply with Sections 305, 306,
and 307 of this rule.
d. Appropriate control measures, or a combination thereof, for every actual and potential source
of fugitive dust; and
e. Fugitive dust control measures to be implemented for other affected operations not identified
in this rule, as applicable.
f. Installation date of trackout control device, if applicable;
g. Dust suppressants to be applied, including all of the following product specifications or label
instructions for approved usage:
(1) Method, frequency, and intensity of application;
(2) Type, number, and capacity of application equipment; and
(3) Information on environmental impacts and approvals or certifications related to
appropriate and safe use for ground application.
h. Operation and maintenance procedures for process controls and fugitive dust control
measures, including but not limited to, gravel pads, wheel washers, truck washers, rumble
grates, watering systems, and street sweepers, that are used to comply with this rule or an air
pollution control permit.
i. A drawing, on 8½” x 11” paper, that shows all of the following information:
(1) Property boundaries and project site boundaries with linear dimensions;
(2) Location, linear dimensions, and specific surfaces treatment(s) and/or control measures
utilized (i.e., install and maintain a paved surface or a cohesive hard surface) for staging
areas, open storage piles, haul/access roads, parking areas, and permanent areas of the
facility;
(3) Location and type of trackout control device, if applicable;
(4) Nearest public roads;
(5) North arrow;
(6) Planned exit locations onto areas accessible to the public; and
(7) Unpaved parking lot(s).
j. The method that will be used for soil moisture testing: ASTM C566-97 (2004) “Standard Test
Method For Total Evaporable Moisture Content Of Aggregate By Drying” or Speedy
Moisture Meter.

k. A process diagram that identifies the progression of material containing aggregate material
less than 0.25 inch in diameter through the process and that includes all of the following
information:
(1) Identification of all screen outlets of aggregate material less than 0.25 inch in diameter;
(2) Identification of all crusher outlets of aggregate material less than 0.25 inch in diameter;
(3) Identification of all stacker points of aggregate material less than 0.25 inch in diameter;
(4) Identification of sample points for soil moisture tests required by Section 312 of this rule;
and
(5) Identification of the applicable minimum soil moisture content required by Section
301.2(c) of this rule for each sample point for soil moisture tests.
311.2 The owner and/or operator of a facility shall submit, to the Control Officer, a Dust Control Plan
that describes all equipment associated with any process fugitive emissions to be implemented, in
order to comply with Section 301 and Section 305.2 of this rule and that includes all of the
information in Section 311.2(a) and Section 311.2(b) of this rule, as applicable. If an alternative
plan for conducting required soil moisture tests is approved by the Control Officer, included in a
Dust Control Plan, and implemented by the owner and/or operator, as allowed under Section
301.2(c)(6) of this rule, and if the Control Officer determines that such alternative plan included in
a Dust Control Plan has been followed, yet fugitive dust emissions still exceed the standards of
this rule, then the Control Officer shall issue a written notice to the owner and/or operator
explaining such determination. The owner and/or operator shall make written revisions to the Dust
Control Plan and shall submit such revised Dust Control Plan to the Control Officer within three
working days of receipt of the Control Officer’s written notice, unless such time period is
extended by the Control Officer, upon request, for good cause. During the time that such owner
and/or operator is preparing revisions to the Dust Control Plan, such owner and/or operator must
still comply with all requirements of this rule.
a. Documentation for the soil moisture content in order to comply with Section 301.2 of this
rule.
b. Documentation of soil moisture analysis for each move notice regarding portable sources.
311.3 The Dust Control Plan shall, in addition, contain all the information described in Rule 310-
Fugitive Dust From Dust-Generating Operations of these rules.
311.4 All other criteria associated with the Dust Control Plan shall meet the criteria described in Rule
310-Fugitive Dust From Dust-Generating Operations of these rules.
311.2 An owner, operator, or person subject to this rule shall submit to the Control Officer a revised
Dust Control Plan at each of the following times:
a. At the time such owner, operator, or person subject to this rule submits an application for an
air pollution control permit to the Control Officer;
b. Prior to commencing dust generating operations, nonmetallic mineral processing, or any
related operations in areas of a facility that were not previously identified in the approved
Dust Control Plan;
c. Prior to installing, maintaining, or using new roads (excluding new roads within a pit), new
parking areas, or new staging areas that were not previously identified in the approved Dust
Control Plan;
d. Prior to modifying any dust control measures specified in the approved Dust Control Plan;
e. Prior to implementing changes to the soil moisture testing protocol in the approved Dust
Control Plan, except as allowed in Section 312 of this rule; and
f. Prior to commencing construction or demolition projects that were not previously described in
the approved Dust Control Plan.

311.5 311.3 The Control Officer shall approve, disapprove, or conditionally approve the Dust Control Plan, in
accordance with the criteria used to approve, disapprove or conditionally approve a permit. Failure
to comply with the provisions of an approved Dust Control Plan shall be deemed a violation of
this rule.
311.6 With each move notice regarding portable sources, the owner and/or operator of a facility shall
submit, to the Control Officer, a Dust Control Plan that meets the requirements of this section of
this rule.
311.4 The Control Officer shall provide written notification to the owner, operator, or person subject to
this rule, if the Control Officer determines any of the following:
a. That a Dust Control Plan is incomplete;
b. That the Dust Control Plan is conditionally approved; or
c. That an approved Dust Control Plan has been followed, yet fugitive dust emissions still
exceed the standards of this rule and, therefore, a revised Dust Control Plan is required.
311.5 The owner, operator, or person subject to this rule, who receives a notice as described in Section
311.4 of this rule, shall make written revisions to the Dust Control Plan and shall submit such
revised Dust Control Plan to the Control Officer within three working days of receipt of the
Control Officer’s written notice, unless such time period is extended by the Control Officer, upon
written request, for good cause. During the time that such owner, operator, or person subject to
this rule is preparing revisions to the Dust Control Plan, such owner, operator, or person shall still
comply with all requirements of this rule.
311.6 The owner, operator, or person subject to this rule shall keep a complete copy of the approved
Dust Control Plan on-site at all times.
311.7 An owner, operator, or person subject to this rule shall make available the approved Dust Control
Plan to all contractors and subcontractors at a facility who are engaged in nonmetallic mineral
processing or related operations that are subject to this rule.
312 GENERAL REQUIREMENTS: An owner and/or operator of a facility subject to this rule shall be subject
to the standards and/or requirements of this rule at all times. Failure to comply with any one of the
following requirements shall constitute a violation.
312.1 Process emission limitations and controls described in Section 301, Section 302, and Section 303
of this rule.
312.2 Operation and maintenance (O&M) plan requirements for an emission control system and for dust
control measures described in Section 305 of this rule.
312.3 Fugitive dust emission limitations described in Section 306 of this rule.
312.4 Fugitive dust control measures described in Section 307 of this rule.
312.5 Facility information sign requirement described in Section 308 of this rule.
312.6 Fugitive Dust Control Technician requirements described in Section 309 of this rule.
312.7 Basic Dust Control Training Class requirements described in Section 310.
312.8 Dust Control Plan requirements described in Section 311 of this rule.
312.9 Monitoring and recordkeeping requirements described in Section 500 of this rule.
312.10 Any other requirements of this rule.
312 CRUSHING AND SCREENING – MOISTURE TESTING REQUIREMENTS:
312.1 Moisture Testing Procedures: An owner, operator, or person subject to this rule shall conduct
moisture tests as follows:

a. Moisture testing shall be conducted on aggregate material less than 0.25 inch in diameter at
the sampling points specified in Section 312.1(a)(1)-(3) of this rule.
(1) At the beginning of the process line from the feed entering the line;
(2) At a point between the initial shaker screen and the final stack point; and
(3) From each stacker point or material placed on the stacker conveyor containing aggregate
material less than 0.25 inch in diameter.
(4) An owner, operator, or person subject to this rule may request in writing that moisture
testing be conducted at sampling points other than those specified in Section 312.1(a)(1)-
(3). In the request, the owner, operator, or person subject to this rule shall submit to the
Control Officer documentation regarding the requested sampling points. The request shall
include the following explanation(s): (1) safety issues (i.e., worker exposure to moving
equipment) and/or feasibility issues (i.e., guards on transfer points) affecting the sampling
location(s), (2) proposed alternative sampling location(s) with explanation that such
alternative sampling location(s) will ensure compliance with all other moisture testing
procedures in this rule, and (3) identification of such alternative sampling location(s) in
the approved Dust Control Plan or in a revision approved to the Dust Control Plan.
(5) An owner, operator, or person subject to this rule may request in an application for an air
pollution control permit, with explanation, an alternative plan that justifies conducting
fewer soil moisture tests. In the request, the owner, operator, or person subject to this rule
shall submit to the Control Officer documentation regarding conducting fewer soil
moisture tests than are required, including, but not limited to, economics, emissions rates,
water availability, and technical feasibility. In addition, the owner, operator, or person
subject to this rule shall demonstrate that the proposed alternative compliance
demonstration plan will be equivalent in determining compliance with the soil moisture
content requirements. Prior approval from the Control Officer and the Administrator shall
be received before implementing the plan.
b. Moisture testing shall be conducted in accordance with the following requirements:
(1) Moisture testing shall be conducted in accordance with the requirements of ASTM C566-
97 (2004) “Standard Test Method For Total Evaporable Moisture Content Of Aggregate
By Drying” with the exception that smaller sample portions may be used.
(2) As an alternative to Section 312.1(b)(1) of this rule, an owner, operator, or person subject
to this rule may use the Speedy Moisture Meter after receiving written approval from the
Control Officer and after submitting to the Control Officer a written request that includes
the following information:
(a) A description of the alternative testing equipment, including the display range,
maintenance requirements, and any limitations;
(b) A correlation analysis conducted using 20 samples from the Speedy Moisture Meter
and the results using ASTM C566-97 (2004). A separate correlation analysis shall be
done for each unit (serial number shall be specified);
(c) A description of the calibration procedures that includes the following information:
(i) Calibration of each Speedy Moisture Meter (serial number shall be specified) on
at least a biweekly basis against ASTM C566-97 (2004) as a standard;
(ii) Identification of at least three sampling points per process line to be used for
calibration in the Dust Control Plan required by Section 311 of this Rule. The
three sampling points shall be at the beginning of the process line, at a point
between the primary shaker and the final stack point, and at the end of the
process.
(d) An agreement to revert to ASTM C566-97 (2004) if the Speedy Moisture Meter
results do not correlate with ASTM C566-97 (2004); and

(e) Modification of the site-specific O&M Plan or Dust Control Plan to include the
information described in Sections 312.1(b)(2)(c) and (d) of this rule.
312.2 Moisture Testing Frequency:
a. If the owner, operator, or person subject to this rule is required to have in place a Fugitive
Dust Control Technician according to Section 309 of this rule, then soil moisture tests shall be
conducted twice daily.
b. If the owner, operator, or person subject to this rule is not required to have in place a Fugitive
Dust Control Technician according to Section 309 of this rule, then soil moisture tests shall be
conducted once daily.
c. On days when moisture testing is required, an owner, operator, or person subject to this rule
shall collect a sample from each location identified in the approved Dust Control Plan within
one hour after startup of the crushing and screening operation.
d. On days when twice daily moisture testing is required, an owner, operator, or person subject
to this rule shall collect a sample from each location identified in the approved Dust Control
Plan at 3 pm or within one hour before shutdown of the crushing and screening operation.
e. When crushing and screening operations continue for more than 16 hours on a day when
twice daily moisture testing is required, an additional soil moisture sample shall be collected
from each sampling location identified in the approved Dust Control Plan such that soil
moisture samples are collected no less frequently than once in every 8-hour period.
312.3 Reduction In Moisture Testing Frequency:
a. If the owner, operator, or person subject to this rule demonstrates that the applicable moisture
contents listed in Section 301.2(c) of this rule are maintained for a minimum of 20
consecutive soil moisture samples collected from each of the sampling locations identified in
the approved Dust Control Plan, then soil moisture tests may be conducted weekly in
accordance with the test methods described in Section 312.1 of this rule, without prior
approval from the Control Officer.
b. If the owner, operator, or person subject to this rule fails to comply with the opacity
limitations described in Sections 301.1, 306.1, or 306.2 of this rule and/or if two consecutive
soil moisture tests result in a moisture level below the applicable moisture contents listed in
Section 301.2(b) of this rule, then the owner, operator, or person subject to this rule shall
resume the sampling frequency specified in Section 312.2 of this rule, as applicable.
c. Each time a portable crushing operation or a portable screening operation is moved, the
owner, operator, or person subject to this rule shall resume the sampling frequency specified
in Section 312.2 of this rule, as applicable. The owner, operator or person subject to this rule
shall repeat the procedures in Section 312.3(a) of this rule each time the portable crushing or
screening operation is moved before reducing the frequency of moisture testing.
312.4 Moisture Testing Exemption: Moisture testing is not required on a crusher and/or screen plant
that is enclosed and exhausted to a properly sized fabric filter baghouse.
313 STANDARDS OF PERFORMANCE FOR NONMETALLIC MINERAL PROCESSING: An owner,
operator, or person subject to this rule shall comply with all applicable requirements of 40 CFR Part 60
Subpart OOO—Standards of Performance for Nonmetallic Mineral Processing Plants.
SECTION 400 – ADMINISTRATIVE REQUIREMENTS
401 COMPLIANCE SCHEDULE FOR NEWLY AMENDED PROVISIONS OF THIS RULE: The newly
amended provisions of this rule shall become effective upon adoption of this rule except as follows:
401.1 Process Controls: Process controls required by Section 301.2 Sections 301.2, 302.2, and 303.2 of
this rule shall be implemented by July 12, 2008 [insert date - three months after rule adoption].
401.2 O&M Plan:

a. The owner and/or operator If modifications to an O&M Plan are required to achieve
compliance with the requirements of this rule, an owner, operator, or person subject to this
rule of an existing facility shall revise/update all O&M Plans by June 12, 2008 [insert date –
three months after rule adoption].
b. The Control Officer shall take final action on an O&M Plan revision/update to address the
newly amended provisions of this rule within 30 calendar days of the filing of the complete
O&M Plan revision/update. The Control Officer shall notify the applicant in writing of his
approval or denial.
401.3 Dust Control Plan:
a. The owner and/or operator An owner, operator, or person subject to this rule of an existing
facility shall revise/update all Dust Control Plans required by this rule by June 12, 2008
[insert date – three months after rule adoption].
b. The owner and/or operator of a new facility shall submit to the Control Officer a Dust Control
Plan at the time such owner and/or operator submits a permit application to the Control
Officer.
c. The Control Officer shall take final action on a Dust Control Plan revision/ update to address
the newly amended provisions of this rule within 30 calendar days of the filing of the
complete Dust Control Plan revision/update. The Control Officer shall notify the applicant in
writing of his approval or denial.
401.4 Basic Dust Control Training Class: No later than December 31, 2008, a site superintendent or
other designated on-site representative of the permit holder, water truck drivers, and water pull
drivers shall have successfully completed the Basic Dust Control Training Class, as described in
Section 310 of this rule. Rumble Grates: Rumble grates that are installed or moved on or after
[insert date of rule adoption] shall meet the requirements described in Section 260 of this rule. If a
rumble grate installed prior to [insert date of rule adoption], as identified by an installation date in
the Dust Control Plan, is modified (e.g., rumble grate dividers are raised), such rumble grate is not
subject to the requirements in Section 260 of this rule. However, should a source receive two or
more violations for trackout during any consecutive 24-month period, then the owner, operator, or
person subject to this rule shall meet the requirements described in Section 260 of this rule.
401.5 Comprehensive Dust Control Training Class: No later than June 30, 2008, a Fugitive Dust Control
Technician shall have successfully completed the Comprehensive Dust Control Training Class, as
described in Section 309 of this rule.
401.6 Rumble Grates: As of June 12, 2008, new rumble grates or existing rumble grates that are moved
or modified must meet the requirements described in Sections 307.6(a)(1)(c) or 307.6(b)(1)(b) of
this rule.
SECTION 500 – MONITORING AND RECORDS
501 MONITORING, RECORDKEEPING AND REPORTING: Any owner and/or operator of a facility An
owner, operator, or person subject to this rule shall comply with the following requirements. Records shall
be retained for five years. and shall be made available to the Control Officer upon request.
501.1 Operational information required by this rule shall be kept on-site, in written or electronic format,
and in a complete and consistent manner on-site and shall be made available without delay to the
Control Officer upon request. Paper or electronic copies of records required by this rule shall be
made available to the Control Officer upon request.
501.2 Records of the following process and operational information, as applicable, are required:
a. General Data: Daily records shall be kept for all days that a facility process equipment is
actively operating. Records shall include all of the following:
(1) Hours of operation;

(2) Type of batch operation (wet, dry, central);
(3) Throughput per day of basic raw materials including sand, aggregate, and cement
(tons/day);
(4) Volume of concrete produced per day (cubic yards/day) and volume amount of asphaltic
concrete produced per day (tons/day);
(5) Volume Amount of aggregate mined per day (tons per day)(tons/day); and
(6) Amount of each basic raw material including sand, aggregate, nonmetallic mineral
and amount of each dry material cement, fly ash delivered per day (tons/day or cubic
yards/day);
(7) For facilities that assert to be below the thresholds in Section 307.6(a) and Section
307.6(e)(1) of this rule, the number of aggregate trucks, mixer trucks, delivery trucks,
and/or batch trucks exiting the facility; and
(8) Description of operating condition of process controls as required in Section 301.2(d) of
this rule.
b. Additional Data For Dry Mix Concrete Plants and/or Bagging Operations: Records shall
include all of the following: Soil Moisture Testing:
(1) Number of bags of dry mix produced; The date, time, and location for each soil moisture
sample collected;
(2) Weight (size) of bags of dry mix produced; Results of each soil moisture test; and
(3) Kind and amount of fuel consumed in dryer (cubic feet/day or gallons/day); and
Corrective actions taken when soil moisture test results are below the applicable
minimum moisture content in Section 301.2(c) of this rule.
(4) Kind and amount of any back-up fuel, if any.
c. Control And Monitoring Device Data: Records shall include all of the following:
(1) For a fabric filter baghouse:
(a) Date of inspection;
(b) Date and designation of bag replacement;
(c) Date of service or maintenance related activities; and
(d) Time, date, and cause of fabric filter baghouse failure and/or down time, if
applicable.
(2) For a scrubber:
(a) Date of service or maintenance related activities;
(b) Liquid flow rate;
(c) Other operating parameters that need to be monitored to assure that the scrubber is
functioning properly and operating within design parameters; and
(d) Time, date, and cause of scrubber failure and/or down time, if applicable.
(3) For watering systems (e.g., spray bars or an equivalent control):
(a) Date, time, and location of each moisture sampling point; and
(b) Results of moisture testing.
501.3 O&M Plan Records: An owner and/or operator of a facility shall An owner, operator, or person
subject to this rule shall maintain all of the following records in accordance with an the approved
O&M Plan:

a. For Any ECS, Any Other Emission Processing Equipment, And Any ECS Monitoring
Devices That Are Used Pursuant to Under This Rule Or to Under An Air Pollution
Control Permit:
(1) Periods of time that an approved ECS is operating to comply with this rule;
(2) Periods of time that an approved ECS is not operating;
(3) Flow rates;
(4) Pressure drops;
(5) Other conditions and operating parameters necessary to determine if the approved ECS is
functioning properly;
(6) Results of visual inspections; and
(7) Correction action taken, if necessary.; and
(8) Dates of all service or maintenance related activities for each approved ECS.
b. For Equipment Associated With Any Process Fugitive Emissions And Any Fugitive Dust
Control Measures That Are Implemented To Comply With This Rule Or To An Air Pollution
Control Permit:
(1) A written record of self-inspection on each day that a facility is actively operating. Self-
inspection records shall include daily inspections or in compliance with O&M Plan
requirements, whichever is more frequent;
(2) Maintenance of street sweepers; and
(3) Maintenance of trackout control devices, gravel pads, wheel washers, and truck washers.
501.4 Dust Control Plan Records: An owner and/or operator of a facility shall An owner, operator, or
person subject to this rule shall compile, maintain, and retain a written record of self-inspection of
all fugitive dust control measures implemented, in order to comply with the Dust Control Plan, on
each day that the facility is actively operating any activity capable of generating fugitive dust is
conducted at the facility. Self-inspection records shall include information as described in Rule
310: Fugitive Dust From Dust-Generating Operations of these rules. Self-inspection records shall
include daily inspections for crusted or damp soil, trackout conditions and clean-up measures,
daily water usage for dust control measures, and dust suppressant application. Such written
records shall also include the following information:
a. Method, frequency, and intensity of application or implementation of the control measures;
b. Method, frequency, and amount of water application to the site;
c. Street sweeping frequency;
d. Types of surface treatments applied to and maintenance of trackout control devices, gravel
pads, fences, wind barriers, and tarps;
e. Types and results of test methods conducted;
f. If contingency control measures are implemented, actual application or implementation of
contingency control measures and why contingency control measures were implemented;
g. List of subcontractors’ names and registration numbers, if applicable, updated when changes
are made; and
h. Names of employee(s) who successfully completed dust control training class(es) required by
Sections 309 and 310 of this rule, and the date of the class(es) that such employee(s)
successfully completed.
501.5 Basic Dust Control Training Class Records: An owner and/or operator of a facility shall An
owner, operator, or person subject to this rule shall compile, maintain, and retain a written record

for each employee subject to Section 310 of this rule. Such written records shall include the name
of the employee, the date of the Basic Dust Control Training Class that such employee
successfully completed, and the name of the agency/representative who conducted such class.
502 COMPLIANCE DETERMINATION FOR PROCESS EMISSIONS AND CONTROLS: Compliance
determinations for activities regulated by Sections 301 (excluding Section 301.1(e)) 301.1(b)(3), 302,
and/or 303 of this rule shall be made according to the test methods for those subparts of 40 CFR Part 60,
Appendix A, adopted as of July 1, 2007, as listed below. Such subparts of 40 CFR Part 60, Appendix A,
adopted as of July 1, 2007 and 40 CFR Part 51, Appendix M, adopted as of July 1, 2007, are adopted
incorporated by reference as indicated. The EPA test methods as they exist in the CFR, as listed below, are
incorporated by reference in Appendix G of these rules. This adoption incorporation by reference includes
no future editions or amendments. Copies of test methods referenced in Section 502 of this rule are
available at Maricopa County Air Quality Department, 1001 North Central Avenue, Phoenix, Arizona,
85004-1942. When more than one test method is permitted for a compliance determination, then an
exceedance of the limits established in this rule, determined by any of the applicable test methods,
constitutes a violation of this rule.
502.1 Grain Loading: Particulate matter and associated moisture content shall concentration shall be
determined using the applicable EPA Reference Methods 1 through 5 Method 5, 40 CFR Part 60,
Appendix A.
502.2 Opacity Observations: Opacity observations to measure visible emissions from activities
regulated by Sections 301 (excluding Section 301.1(e)), 302, and/or 303 of this rule shall be
conducted in accordance with the techniques specified in EPA Reference Method 203B (Visual
Determination Of Opacity Of Emissions From Stationary Sources For Time-Exception
Regulations), 40 CFR Part 51, Appendix M, adopted as of July 1, 2007. Emissions shall not
exceed the applicable opacity standards described in Section 301 (excluding Section 301.1(e)),
Section 302, and Section 303 of this rule for a period aggregating more than three minutes in any
60-minute period.
a. Opacity observations to measure visible emissions from activities regulated by Sections 301
(excluding truck dumping directly into any screening operation, feed hopper, or crusher), 302
(excluding truck dumping directly into any screening operation, feed hopper, or crusher),
and/or 303 of this rule shall be conducted in accordance with the techniques specified in EPA
Reference Method 203B (Visual Determination Of Opacity Of Emissions From Stationary
Sources For Time-Exception Regulations), 40 CFR Part 51, Appendix M. The EPA test
methods as they exist in the CFR are incorporated by reference in Appendix G of these rules.
Emissions shall not exceed the applicable opacity standards described in Section 301, Section
302, and Section 303 of this rule for a period aggregating more than three minutes in any 60-
minute period.
b. Opacity observations to determine compliance with the opacity limits for truck dumping
directly into any screening operation, feed hopper, or crusher shall be conducted in
accordance with the techniques specified in Appendix C-Fugitive Dust Test Methods of these
rules.
502.3 Soil Moisture Testing for Watering Systems:
a. If twice daily moisture sampling is required, such sampling shall be conducted within one
hour of startup and again at 3 pm or within one hour prior to daily shutdown but no less
frequently than once every 8-hour period.
b. If daily moisture sampling is required, such sampling shall be conducted within one hour after
startup.
c. Moisture testing shall be conducted on all crushers, shaker screens, and material transfer
points (excluding wet plants). Unless prior approval from the Control Officer is granted,
moisture testing shall be conducted at the following sample points:

(1) Within 10 feet from the point where crushed aggregate material is placed on the
discharge belt conveyor from the crusher;
(2) Within 10 feet from the point where screened aggregate material is placed on the
conveyor; and
(3) From each stacker point.
d. The number of sampling points identified in Section 502.3(c)(1) through (3) of this rule may
be reduced, if the owner and/or operator of a facility complies with all of the following
requirements:
(1) A 5% minimum moisture content, as demonstrated by a soil moisture test conducted in
accordance with the test methods described in Section 502 of this rule, is maintained at
the primary crusher;
(2) A minimum of 20 soil moisture samples are taken at all of the points identified in Section
502.3(c) of this rule;
(3) A 4% minimum moisture content, as demonstrated by a soil moisture test conducted in
accordance with the test methods described in Section 502 of this rule and as
demonstrated by the soil moisture samples required by Section 502.3(d)(2) of this rule, is
maintained at all of the points identified in Section 502.3(c) of this rule; and
(4) A written request is submitted to and approved by the Control Officer to revise/modify
the Dust Control Plan to reflect the change in moisture content and the reduced number
of sampling points according to the demonstration made by the owner and/or operator of
a facility according to this section of this rule.
e. Moisture testing is not required on a crusher and/or screen plant equipped with a baghouse or
fabric filter, electrostatic precipitator, or wet scrubber, excluding wet spray bars, for control of
particulate matter.
f. Moisture testing shall include all aggregate material less than 0.25 inch in diameter.
g. Moisture testing shall be conducted in accordance with the requirements of American Society
For Testing And Materials C566-97 (2004) “Standard Test Method for Total Evaporable
Moisture Content of Aggregate by Drying” with the exception that smaller sample portions
may be used.
503 COMPLIANCE DETERMINATION FOR EMISSIONS AND CONTROLS THAT ARE
REGULATED BY SECTION 301.1(E) 301.1(B)(3), SECTION 302.1(E) 304, AND/OR SECTION 306
OF THIS RULE: To determine compliance with the fugitive dust emission limitations described in
Section 301.1(e) 301.1(b)(3), Section 304 302.1(e), and/or Section 306 of this rule, opacity observations
shall be conducted in accordance with the techniques specified in Appendix C-Fugitive Dust Test Methods
of these rules.
504 COMPLIANCE DETERMINATION FOR SOIL MOISTURE CONTENT AND SOIL
COMPACTION CHARACTERISTICS TEST METHODS ADOPTED INCORPORATED BY
REFERENCE:
504.1 ASTM Method D2216-05 ("Standard Test Method for Laboratory Determination of Water
(Moisture) Content of Soil and Rock by Mass"), 2005 edition.
504.2 ASTM Method D1557-02e1 ("Test Method for Laboratory Compaction Characteristics of Soil
Using Modified Effort (56,000 ft-lbf/ft3 (2,700 kN-m/m3))"), 2002 edition.
504.3 ASTM C566-97 (2004) “Standard Test Method For Total Evaporable Moisture Content Of
Aggregate By Drying”.
505 COMPLIANCE DETERMINATION FOR STABILIZATION STANDARDS TEST METHODS
ADOPTED INCORPORATED BY REFERENCE: The stabilization standards described in Section

306.5 Section 306 of this rule shall be determined by using the following test methods in accordance with
Appendix C-Fugitive Dust Test Methods of these rules:
505.1 Appendix C, Section 2.1.2 (Silt Content Test Method) of these rules to estimate the silt content of
the trafficked parts of unpaved roads (not to exceed 6%) and unpaved parking lots (not to exceed
8%).
505.2 Appendix C, Section 2.3 (Test Methods for Stabilization-Soil Crust Determination (The Drop Ball
Test)) of these rules for a soil crust.
505.3 Appendix C, Section 2.4 (Test Methods for Stabilization-Determination of Threshold Friction
Velocity (TFV) (Sieving Field Procedure)) of these rules for threshold friction velocity (TFV)
corrected for non-erodible elements of 100 cm/second or higher.
505.4 Appendix C, Section 2.5 (Test Methods for Stabilization-Determination of Flat Vegetative Cover)
of these rules for flat vegetation cover (i.e., attached (rooted) vegetation or unattached vegetative
debris lying on the surface with a predominant horizontal orientation that is not subject to
movement by wind) that is equal to at least 50%.
505.5 Appendix C, Section 2.6 (Test Methods for Stabilization-Determination of Standing Vegetative
Cover) of these rules for standing vegetation cover (i.e., vegetation that is attached (rooted) with a
predominant vertical orientation) that is equal to or greater than 30%.
505.6 Appendix C, Section 2.6 (Test Methods for Stabilization-Determination of Standing Vegetative
Cover) of these rules for standing vegetation cover (i.e., vegetation that is attached (rooted) with a
predominant vertical orientation) that is equal to or greater than 10% and where the threshold
friction velocity is equal to or greater than 43 cm/second when corrected for non-erodible
elements.
505.7 Appendix C, Section 2.7 (Test Methods for Stabilization-Rock Test Method) of these rules for a
percent cover that is equal to or greater than 10%, for non-erodible elements.
505.8 An alternative test method approved in writing by the Control Officer and the Administrator.
506 CERTIFIED STREET SWEEPING EQUIPMENT LIST ADOPTED INCORPORATED BY
REFERENCE: The list of street sweeping equipment (as of July 9, 2004) that has met the South Coast Air
Quality Management Rule 1186 certification standards is found in support documents for the South Coast
Air Quality Management District Regulation XI-Source Specific Standards, Rule 1186-PM10 Emissions
From Paved And Unpaved Roads And Livestock Operations and is adopted incorporated by reference. A
copy of the list of certified street sweeping equipment can also be obtained at Maricopa County Air Quality
Department, 1001 North Central Avenue, Phoenix, Arizona, 85004.

MARICOPA COUNTY BOARD OF HEALTH MEETING MINUTES
Friday, February 2, 2018 at 1:30 pm
205 W. Jefferson Street
Phoenix, Arizona 85003
Board of Supervisors Auditorium
Return to list of attachments
Vice President Hughes called the meeting to order at 1:39 p.m.
ROLL CALL:
Members Present: Members Not Present:
Don Cassano Kip Steill
Robert MacMillan Henri Cournand
Francisca Montoya (via phone)
Nedra Halley
Don Hughes
Debra Baldauff
Bill Gates (via phone)
Ex-Officio: Bob England, M.D.
CALL TO THE PUBLIC:
Vice President Hughes announced that we have speaker slips for anyone wishing to speak on any action items.
Speakers will be called after the item is heard. Each speaker will have 2 minutes to speak.
DISCUSSION/ACTION ITEMS
1. Approval of Minutes: Vice President Hughes asked for a motion to approve the minutes from the BOH Meeting
held on July 24, 2017. Motion was made by Ms. Halley to approve the BOH minutes as presented. Motion was
seconded by Mr. MacMillan and all were in favor. The motion passed unanimously.
2. Fee Waiver Applications Ms. Jeannie Taylor
Ms. Jeannie Taylor presented sixty-five (65) fee waivers for review and consideration of approval. A summary
sheet document was provided.
Motion to approve the sixty-five (65) fee waiver applications was made by Mr. MacMillan, seconded by Dr.
Baldauff and all were in favor. The motion passed unanimously.
3. Approval of the Expedited Process for Enhanced Regulatory Outreach Program Mr. David Morales
Case ES-2017-001/Pet Groomers & Shops
Motion to approve the Expedited Process for Enhanced Regulatory Outreach Program Case ES-2017-001/Pet
Groomers & Shops was made by Mr. MacMillan, seconded by Ms. Halley and all were in favor. The motion
passed unanimously.
4. Approval of the Expedited Process for Rule 316 (Nonmetallic Mineral Processing) Mr. Philip A. McNeely
AQ-2013-001-Rule 316 (Nonmetallic Mineral Processing): Rule 316 establishes limits for the emissions of
particulate matter from nonmetallic mineral processing and related operations, e.g., sand and gravel operations
and concrete batch plants. The department is proposing to revise Rule 316 to make the rule more clear for the
regulated community by incorporating alternative control measures and information from department guidance
documents and consolidating all applicable requirements for control of particulate matter emissions from
nonmetallic mineral processing and related operations in a single rule.
1

Mr. Philip A. McNeely presented on Rule 316
Rule 316
• Limits particulate matter emissions
– Process emissions
– Fugitive dust emissions
• Applies to
– Sand & gravel plants
– Concrete batch plants
– Asphalt plants
Purpose of Revisions
• Changes requested by stakeholders
– Clarify requirements
– Incorporate existing policies
– Align rule with Dust Control Handbook
• Rulemaking initiated in 2013
– Three workshops
– Substantial cooperation with stakeholders
– Unanimous support
Consolidate
• Crushing & Screening
– Federal New Source Performance Standards (NSPS) include emission limits
– Align Rule 316 emission limits with NSPS
• Asphalt Plants
– Fugitive emissions are subject to Rule 300
– Include identical emission limit in Rule 316
• Fugitive Dust Control
– Current: Comply with Rule 316 and Rule 310
– Revised: Same requirements – all in Rule 316
Incorporate EPA Approved Alternatives
• Alternative minimum soil moisture
– For hot mix asphalt plants
• Speedy moisture meter
– Alternative method for soil moisture testing
• Trackout control device exemption
– For paved facilities where all emissions are vented to an Emission Control System
Regulatory Flexibility
• Controlling wind-blown dust
– Current: When 60-minute average wind speed exceeds 25 mph
– Revised: When wind is causing visible emissions
• Safe collection of soil moisture samples
– Current: Rule 316 identifies specific locations
– Revised: Rule 316 identifies areas in the process
Motion to approve Expedited Process for Rule 316 (Nonmetallic Mineral Processing) was made by
Ms. Halley, seconded by Dr. Baldauff and all were in favor. Motion passed unanimously.
5. Approval of the initiation of the rulemaking for proposed revisions to Rule 320
(Odors And Gaseous Air Contaminants) Mr. Philip A. McNeely
AQ-2016-004-Rule 320 (Odors and Gaseous Air Contaminants): Rule 320 limits the emissions of odors and other
gaseous air contaminants into the atmosphere. The department is proposing to revise Rule 320 to remove broad
language that is not enforceable. Several sections in the rule contain language that lacks specific emissions limits
or specific work practices necessary for enforcement. The department is proposing to remove these sections
from the rule.
2

Mr. Philip A. McNeely presented on Rule 320
Rule 320 Proposed Revisions
• Purpose of revision: update and enhance the rule, remove broad unenforceable language and revise rule
to comply with intent of the Maricopa County Air Pollution Regulations.
• Part of a larger department project to update, clarify and improve regulations.
• Updates and Enhancements:
- Section 301 – Reduction of Animal Matter
- Add a second emission control system option for the reduction of animal matter
- Scrubbing or filtration system
- Section 303 – Emissions of H2S
- Add text to provide a standard method to calculate the 30 minute average hydrogen sulfide
concentration
- Section 500 – Monitoring and Records
- Add new monitoring and records section
• Remove broad unenforceable language in Sections 300, 302 and 303
- Lack specific emissions limits and work practices necessary for enforcement
• Continue enforcing related rules
- Rule 310 (Fugitive Dust from Dust-Generating Operations)
- Rule 200, Section 315 (Stack Height Provisions)
• Revise rule to comply with intent of the Maricopa County Air Pollution Regulations
- Rule 100, Section 101 “Declaration of Intent”
- Prevent, reduce, control, correct or remove regulated air pollutants
- Odors are not regulated air pollutants
• The department will continue to take and investigate odor complaints
- Regulated air pollutants may emit odors which may indicate a violation.
There were 11 request for public comment received.
- 1st speaker Steven Lowe
- 2nd speaker Dan Blackson
- 3rd speaker Maynard Burton
- 4th speaker Rhonda Mack
- 5th speaker Lorna Proper
- 6th speaker Mike Butler
- 7th speaker Linda Butler
- 8th speaker Linda Kinman
- 9th speaker Carolyn Burton
- 10th speaker Daniel Mack
- 11th speaker Stephen Brittle
6. Motion the initiation of the rulemaking for proposed revisions to Rule 320 was made by Mr.
MacMillan, seconded by Ms. Halley. Roll call vote was requested.
Mr. Cassano – AYE
Mr. MacMillan – AYE
Ms. Montoya – NO
Ms. Halley – AYE
Dr. Baldauff – AYE
Supervisor Gates – AYE
Mr. Hughes - AYE
Motion passed 6 AYE – 1 NO.
3

Information Items
1. Department of Public Health Leadership transition
Dr. Bob England, Max Porter and Dr. Rebecca Sunenshine
Dr. Bob announced this would be his last BOH meeting. He is retiring after 12 years as the Director of
Maricopa County Department of Public Health. Mr. Max Porter who has been his Deputy Director will step
up as the Acting Director and Dr. Rebecca Sunenshine will be there to help him as the Medical Director.
Discussion Items:
1. Public Health Report Dr. Bob England
I. Healthcare Reform
II. Funding Outlook
III. Human Resources
IV. Communication
V. Infrastructure
VI. Strategic Planning
VII. Programs
VIII. Disease Update
IX. Future Topics
Dr. Bob presented a presentation and went over two memos. Review attached for details.
ANNOUNCEMENTS AND CURRENT EVENTS
 Next meeting is April 23, 2018
ADJOURNMENT: There being no further business, motion to adjourn the meeting was made by Ms. Halley, seconded
by Mr. MacMillan and motion was passed unanimously. The meeting was adjourned at 4:45p.m.
4

Copies of all Written and Electronic Stakeholder Input
Return to list of attachments
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From: Hether Krause Ͳ AQDX
Sent: Monday, November 27, 2017 3:42 PM
To: 'Steve Trussell' <Steve@azrockproducts.org>
Subject: RE: Maricopa County Air Quality Regulatory Process Update
Hi Steve,
It was my pleasure to attend the meeting; I am sorry I missed you!
Thank you for your feedback. We are happy to delete the additions of the cement and fly ash terminals as they are currently
regulated by another rule (Rule 241). Our intention of the proposed revisions to Rule 316 was to make the rule more userͲ
friendly (one stop shop rule). I can have staff create a slide to address the proposed deletion of the cement and fly ash terminals
for discussion at the workshop. We value all input on the draft rule and look forward to seeing you on Thursday.
Please let me know if you have any other questions or concerns.
Sincerely,
Hether
Hether Krause • Planning & Analysis Division Manager
Maricopa County Air Quality Department
Desk: 602.506.6731 | Fax: 602.506.6179 | CleanAirMakeMore.com
Burn Cleaner, Burn Better. On No Burn Days, Don’t Burn Wood.


From: Steve Trussell [mailto:Steve@azrockproducts.org]
Sent: Wednesday, December 13, 2017 5:53 PM
To: Hether Krause - AQDX <HetherKrause@mail.maricopa.gov>
Cc: Acken, Albert <aacken@rcalaw.com>; Rebecca Kervella <rkervella@calportland.com>; ARIZONA
MATERIALS LLC <ELOKEN@AZMATL.COM>; Parker, Brad <parkerbrad@vmcmail.com>; Toby Skinner
(tskinner@mrtannermining.com) <tskinner@mrtannermining.com>; James Carusone
(JCarusone@srmaterials.com) <JCarusone@srmaterials.com>; Toby Ballentine
(tballentine@rocksolidconcrete.com) <tballentine@rocksolidconcrete.com>; Chris Smith
<csmith@fisherind.com>; Shauna H Haranczak <shaunah.haranczak@cemex.com>; 'mongerg@vmcmail.com'
<mongerg@vmcmail.com>; 'Steve Rakowski' <srakowski@haleyaldrich.com>; 'jim.schroeder@hanson.com'
<Jim.Schroeder@hanson.com>; Ed Musa <EdM@DrakeUS.com>; Lindsay Balmer <lbalmer@azmatl.com>
Subject: Maricopa Rule 316 ARPA Comments
Importance: High
Hether,
Attached are ARPA’s comments regarding the revision of Maricopa County Rule 316 for Non-Metallic Mineral
Processing. Thank you for the opportunity to comment and for a productive meeting. We look forward to
reviewing the revised draft of the rule.
Regards,
Steve
Steve Trussell |Executive Director
T 602.271.0346 | C 602.989.3854| F 888.269.0430
Arizona Rock Products Association
916 W. Adams
Phoenix, AZ 85007
www.azrockproducts.org
ARPA MEMBERS - “Don’t Do Business Without Them!”





From: Hether Krause Ͳ AQDX
Sent: Friday, December 15, 2017 9:02 AM
To: Steve Trussell <Steve@azrockproducts.org>
Cc: Acken, Albert <aacken@rcalaw.com>; Rebecca Kervella <rkervella@calportland.com>; ARIZONA MATERIALS LLC
<ELOKEN@AZMATL.COM>; Parker, Brad <parkerbrad@vmcmail.com>; Toby Skinner (tskinner@mrtannermining.com)
<tskinner@mrtannermining.com>; James Carusone (JCarusone@srmaterials.com) <JCarusone@srmaterials.com>; Toby
Ballentine (tballentine@rocksolidconcrete.com) <tballentine@rocksolidconcrete.com>; Chris Smith <csmith@fisherind.com>;
Shauna H Haranczak <shaunah.haranczak@cemex.com>; 'mongerg@vmcmail.com' <mongerg@vmcmail.com>; 'Steve Rakowski'
<srakowski@haleyaldrich.com>; 'jim.schroeder@hanson.com' <Jim.Schroeder@hanson.com>; Ed Musa <EdM@DrakeUS.com>;
Lindsay Balmer <lbalmer@azmatl.com>
Subject: RE: Maricopa Rule 316 ARPA Comments
Steve,
Thank you for ARPA’s comments regarding proposed revisions to Rule 316.
We will work on incorporating the comments into the draft rule in preparation for our next stakeholder workshop tentatively
scheduled on 1/8/18 at 10am.
Sincerely,
Hether
Hether Krause • Planning & Analysis Division Manager
Maricopa County Air Quality Department
Desk: 602.506.6731 | Fax: 602.506.6179 | CleanAirMakeMore.com
Burn Cleaner, Burn Better. On No Burn Days, Don’t Burn Wood.
1



From: Hether Krause Ͳ AQDX
Sent: Monday, January 08, 2018 1:08 PM
To: 'Steve Trussell' <Steve@azrockproducts.org>; 'amcgennis@azagc.org' <amcgennis@azagc.org>
Subject: new facility definitionͲplease comment by 1/10/18
Steve & Amanda,
Thank you for participating in the Rule 316 workshop this morning. We appreciate your support as we move forward with this
rulemaking. As we discussed during the workshop, we will be requesting an expedited rulemaking during the January 22nd Board
of Health meeting. The report to the Board of Health will be posted to EROP on January 12th and will include the draft rule that
was posted for this morning’s workshop with a modified definition for new facility. Please review the proposed definition of
“New Facility” (below) and provide comments by January 10, 2018.
NEW FACILITY: A facility that commenced nonmetallic mineral processing or any related operations on or after June 8,
2005. A facility that commenced nonmetallic mineral processing or any related operations before June 8, 2005 does
not become a new facility due to the addition of new equipment, processes, or operations.
We will continue to revise the draft rule and conduct stakeholder workshops as we proceed with the rulemaking
process.
Sincerely,
Hether
Hether Krause • Planning & Analysis Division Manager
Maricopa County Air Quality Department
1001 N. Central Avenue, #125 | Phoenix, AZ 85004
Located at the Central Ave. & Roosevelt METRO stop
Desk: 602.506.6731 | Fax: 602.506.6179 hkrause@mail.maricopa.gov
CleanAirMakeMore.com | Maricopa.gov/AQ
Burn Cleaner, Burn Better.
On No Burn Days, Don’t Burn Wood.
1

From: Steve Trussell [mailto:Steve@azrockproducts.org]
Sent: Thursday, February 01, 2018 7:38 AM
To: Bob England ‐ PHSX <BobEngland@mail.maricopa.gov>
Cc: Joy Rich ‐ CAOX <JoyRich@mail.maricopa.gov>; Steve Chucri ‐ DIST2X <chucris@mail.maricopa.gov>; Phil McNeely ‐ AQDX
<PhilMcNeely@mail.maricopa.gov>; Hether Krause ‐ AQDX <HetherKrause@mail.maricopa.gov>
Subject: ARPA Rule 316 Support Letter
Importance: High
Dr. Englund,
Attached is the Arizona Rock Products Association’s letter of support for Maricopa County Rule 316 for Non‐Metallic Mineral
Processing. The Rule will be before the Board of Health on Friday for approval. I have cc’ed Maricopa County Air Quality
Department, Chairman of the Board of Supervisors and Joy Rich, in‐order‐to let them know we are pleased with how the
stakeholder process was conducted and the progress the County has made on the Rule. Please don’t hesitate to contact me if
you have any questions.
Regards,
Steve
Steve Trussell |Executive Director
T 602.271.0346 | C 602.989.3854| F 888.269.0430
Arizona Rock Products Association
916 W. Adams
Phoenix, AZ 85007
www.azrockproducts.org
ARPA MEMBERS ‐ “Don’t Do Business Without Them!”
1


From: noreply@civicplus.com [mailto:noreply@civicplus.com]
Sent: Monday, April 16, 2018 12:42 PM
To: Brent Comon ‐ OETX <comonb@mail.maricopa.gov>; Regulatory <regulations@mail.maricopa.gov>
Subject: Online Form Submittal: Citizen Comments
Citizen Comments
Each Regulatory Department is committed to providing opportunities for
stakeholder input regarding the adoption and amendment of all regulatory
requirements. Your input will be collected and forwarded to the appropriate
department. You will receive a written response from the applicable department
within two business days. We appreciate your comments and your time.
Case Number/Rule AQ-2013-001 Rule 316 Nonmetallic Mineral Processing
Department Field not completed.
I would like to Express opposition
First Name Marcella
Last Name Yavello
Organization Field not completed.
City Mesa
Zip 85213
Email marcellayavello@gmail.com
Phone Number 6025105205
Phone Type Mobile
Would you like someone Field not completed.
to contact you?
Comments This rule change would allow for more pollution in our air not
less. It is the county's responsibility to protect its citizenry and
not corporations. Changing this rule would harm public health
1

and that should be enough to stop such a industry driven
change but because health doesn't seem to be a concern it
would also lesson the tax base for the county by driving down
property values of homes affected by pollution.
If applicable, attach Field not completed.
supporting documentation
associated with your
comment.
Email not displaying correctly? View it in your browser.
2

From: Gregory Verkamp - AQDX
Sent: Wednesday, April 18, 2018 9:49 AM
To: 'marcellayavello@gmail.com'
Subject: AQ-2013-001 Rule 316 Nonmetallic Mineral Processing
Dear Ms. Yavello,
Thank you for submitting your comments regarding the proposed rulemaking. We appreciate your participation in the
rulemaking process. We will review and consider what you have submitted.
In accordance with the Maricopa County Enhanced Regulatory Outreach Program (EROP) process, this correspondence will be
included in the staff report for the next public meeting. The staff report will be posted to the EROP webpage one week prior to
the meeting.
You will be notified of the next step in the rulemaking process via an email, if you have signed up for notifications through the
EROP webpage. If you have not signed up for notifications, please click on the link below to do so:
https://public.govdelivery.com/accounts/AZMARIC/subscriber/new?topic_id=AZMARIC_284
Sincerely,
Greg Verkamp • Rules Planning Supervisor
Maricopa County Air Quality Department
1001 N. Central Avenue, #125 | Phoenix, AZ 85004
Located at the Central Ave. & Roosevelt METRO stop
Desk: 602.506.7141 | gregoryverkamp@mail.maricopa.gov
CleanAirMakeMore.com | Maricopa.gov/AQ
Help Reduce Ozone.
Drive Less, Refuel After Dark and Avoid Idling.
1

From: noreply@civicplus.com [mailto:noreply@civicplus.com]
Sent: Monday, April 16, 2018 1:09 PM
To: Brent Comon ‐ OETX <comonb@mail.maricopa.gov>; Regulatory <regulations@mail.maricopa.gov>
Subject: Online Form Submittal: Citizen Comments
Citizen Comments
Each Regulatory Department is committed to providing opportunities for
stakeholder input regarding the adoption and amendment of all regulatory
requirements. Your input will be collected and forwarded to the appropriate
department. You will receive a written response from the applicable department
within two business days. We appreciate your comments and your time.
Case Number/Rule AQ-2013-001 Rule 316 Nonmetallic Mineral Processing
Department Field not completed.
I would like to Express opposition
First Name Viridiana
Last Name Quinteros
Organization Field not completed.
City Mesa
Zip Field not completed.
Email Virijams@gmail.com
Phone Number 206-919-8995
Phone Type Mobile
Would you like someone No
to contact you?
Comments I oppose changes to this rule as it is not beneficial to my health.
On the contrary, it is harmful and we deserve clean air
regulations to be enforced rather than removed.
1

If applicable, attach Field not completed.
supporting documentation
associated with your
comment.
Email not displaying correctly? View it in your browser.
2

From: Gregory Verkamp - AQDX
Sent: Wednesday, April 18, 2018 9:30 AM
To: 'Virijams@gmail.com'
Subject: AQ-2013-001 Rule 316 Nonmetallic Mineral Processing
Dear Ms. Quinteros,
Thank you for submitting your comments regarding the proposed rulemaking. We appreciate your participation in the
rulemaking process. We will review and consider what you have submitted.
In accordance with the Maricopa County Enhanced Regulatory Outreach Program (EROP) process, this correspondence will be
included in the staff report for the next public meeting. The staff report will be posted to the EROP webpage one week prior to
the meeting.
You will be notified of the next step in the rulemaking process via an email, if you have signed up for notifications through the
EROP webpage. If you have not signed up for notifications, please click on the link below to do so:
https://public.govdelivery.com/accounts/AZMARIC/subscriber/new?topic_id=AZMARIC_284
Sincerely,
Greg Verkamp • Rules Planning Supervisor
Maricopa County Air Quality Department
1001 N. Central Avenue, #125 | Phoenix, AZ 85004
Located at the Central Ave. & Roosevelt METRO stop
Desk: 602.506.7141 | gregoryverkamp@mail.maricopa.gov
CleanAirMakeMore.com | Maricopa.gov/AQ
Help Reduce Ozone.
Drive Less, Refuel After Dark and Avoid Idling.
1

From: noreply@civicplus.com [mailto:noreply@civicplus.com]
Sent: Monday, April 16, 2018 3:00 PM
To: Brent Comon ‐ OETX <comonb@mail.maricopa.gov>; Regulatory <regulations@mail.maricopa.gov>
Subject: Online Form Submittal: Citizen Comments
Citizen Comments
Each Regulatory Department is committed to providing opportunities for
stakeholder input regarding the adoption and amendment of all regulatory
requirements. Your input will be collected and forwarded to the appropriate
department. You will receive a written response from the applicable department
within two business days. We appreciate your comments and your time.
Case Number/Rule AQ-2013-001 Rule 316 Nonmetallic Mineral Processing
Department Air Quality
I would like to Express opposition
First Name Dan
Last Name Van Dusen
Organization Field not completed.
City Mesa
Zip 85213
Email dvanduse396@hotmail.com
Phone Number 3103874477
Phone Type Mobile
Would you like someone No
to contact you?
Comments Field not completed.
1

If applicable, attach Field not completed.
supporting documentation
associated with your
comment.
Email not displaying correctly? View it in your browser.
2

From: Gregory Verkamp - AQDX
Sent: Wednesday, April 18, 2018 9:32 AM
To: 'dvanduse396@hotmail.com'
Subject: AQ-2013-001 Rule 316 Nonmetallic Mineral Processing
Dear Mr. Van Dusen,
Thank you for submitting your comments regarding the proposed rulemaking. We appreciate your participation in the
rulemaking process. We will review and consider what you have submitted.
In accordance with the Maricopa County Enhanced Regulatory Outreach Program (EROP) process, this correspondence will be
included in the staff report for the next public meeting. The staff report will be posted to the EROP webpage one week prior to
the meeting.
You will be notified of the next step in the rulemaking process via an email, if you have signed up for notifications through the
EROP webpage. If you have not signed up for notifications, please click on the link below to do so:
https://public.govdelivery.com/accounts/AZMARIC/subscriber/new?topic_id=AZMARIC_284
Sincerely,
Greg Verkamp • Rules Planning Supervisor
Maricopa County Air Quality Department
1001 N. Central Avenue, #125 | Phoenix, AZ 85004
Located at the Central Ave. & Roosevelt METRO stop
Desk: 602.506.7141 | gregoryverkamp@mail.maricopa.gov
CleanAirMakeMore.com | Maricopa.gov/AQ
Help Reduce Ozone.
Drive Less, Refuel After Dark and Avoid Idling.
1

From: noreply@civicplus.com [mailto:noreply@civicplus.com]
Sent: Friday, July 20, 2018 5:22 AM
To: Regulatory <regulations@mail.maricopa.gov>
Subject: Online Form Submittal: Citizen Comments
Citizen Comments
Each Regulatory Department is committed to providing opportunities for
stakeholder input regarding the adoption and amendment of all regulatory
requirements. Your input will be collected and forwarded to the appropriate
department. You will receive a written response from the applicable department
within two business days. We appreciate your comments and your time.
Case Number/Rule AQ-2013-001 Rule 316 Nonmetallic Mineral Processing
Department Air Quality
I would like to Express opposition
First Name Linda
Last Name Butler
Organization Field not completed.
City Tonopah
Zip 85354
Email fyremike@earthlink.net
Phone Number 805-452-5450
Phone Type Mobile
Would you like someone No
to contact you?
Comments I oppose the fact that the Air Quality Dept. is relaxing standards
that protect the public health and safety. There does not need to
be “more flexible compliance”, there needs to be stronger

enforcement for pollution violators.
If applicable, attach Field not completed.
supporting documentation
associated with your
comment.
Email not displaying correctly? View it in your browser.

From: AQPlanning Shared MBx
To: fyremike@earthlink.net
Subject: AQ-2013-001 Rule 316 Nonmetallic Mineral Processing
Date: Tuesday, July 24, 2018 3:24:00 PM
Dear Mrs. Butler
Thank you for submitting your comments regarding the proposed rulemaking. We appreciate your participation in the rulemaking
process. We will review and consider what you have submitted.
In accordance with the Maricopa County Enhanced Regulatory Outreach Program (EROP) process, this correspondence will be included in
the staff report for the next public meeting. The staff report will be posted to the EROP webpage one week prior to the meeting.
You will be notified of the next step in the rulemaking process via an email, if you have signed up for notifications through the EROP
webpage. If you have not signed up for notifications, please click on the link below to do so:
https://public.govdelivery.com/accounts/AZMARIC/subscriber/new?topic_id=AZMARIC_284
Sincerely,
Planning and Analysis Division
Maricopa County Air Quality Department
1001 N. Central Avenue, #125 | Phoenix, AZ 85004
Located at the Central Ave. & Roosevelt METRO stop
Desk: 602.506.6010 | aqplanning@mail.maricopa.gov
CleanAirMakeMore.com | Maricopa.gov/AQ
Help Reduce Ozone.
Drive Less, Refuel After Dark and Avoid Idling.

From: noreply@civicplus.com [mailto:noreply@civicplus.com]
Sent: Friday, July 20, 2018 8:05 AM
To: Regulatory <regulations@mail.maricopa.gov>
Subject: Online Form Submittal: Citizen Comments
Citizen Comments
Each Regulatory Department is committed to providing opportunities for
stakeholder input regarding the adoption and amendment of all regulatory
requirements. Your input will be collected and forwarded to the appropriate
department. You will receive a written response from the applicable department
within two business days. We appreciate your comments and your time.
Case Number/Rule AQ-2013-001 Rule 316 Nonmetallic Mineral Processing
Department Air Quality
I would like to Express opposition
First Name Lisa
Last Name Macal
Organization Field not completed.
City Mesa
Zip 85213
Email Lisa.l.macal@gmail.com
Phone Number 5207804924
Phone Type Mobile
Would you like someone No
to contact you?
Comments I oppose the fact that the Air Quality Dept is relaxing standards
that protect the public health and safety. There does not need to
be “more flexible compliance”, there needs to be stronger

enforcement for pollution violators.
If applicable, attach Field not completed.
supporting documentation
associated with your
comment.
Email not displaying correctly? View it in your browser.

From: AQPlanning Shared MBx
To: Lisa.l.macal@gmail.com
Subject: AQ-2013-001 Rule 316 Nonmetallic Mineral Processing
Date: Tuesday, July 24, 2018 3:22:00 PM
Dear Ms. Macal,
Thank you for submitting your comments regarding the proposed rulemaking. We appreciate your participation in the rulemaking
process. We will review and consider what you have submitted.
In accordance with the Maricopa County Enhanced Regulatory Outreach Program (EROP) process, this correspondence will be included in
the staff report for the next public meeting. The staff report will be posted to the EROP webpage one week prior to the meeting.
You will be notified of the next step in the rulemaking process via an email, if you have signed up for notifications through the EROP
webpage. If you have not signed up for notifications, please click on the link below to do so:
https://public.govdelivery.com/accounts/AZMARIC/subscriber/new?topic_id=AZMARIC_284
Sincerely,
Planning and Analysis Division
Maricopa County Air Quality Department
1001 N. Central Avenue, #125 | Phoenix, AZ 85004
Located at the Central Ave. & Roosevelt METRO stop
Desk: 602.506.6010 | aqplanning@mail.maricopa.gov
CleanAirMakeMore.com | Maricopa.gov/AQ
Help Reduce Ozone.
Drive Less, Refuel After Dark and Avoid Idling.

From: noreply@civicplus.com [mailto:noreply@civicplus.com]
Sent: Saturday, July 21, 2018 11:04 AM
To: Regulatory <regulations@mail.maricopa.gov>
Subject: Online Form Submittal: Citizen Comments
Citizen Comments
Each Regulatory Department is committed to providing opportunities for
stakeholder input regarding the adoption and amendment of all regulatory
requirements. Your input will be collected and forwarded to the appropriate
department. You will receive a written response from the applicable department
within two business days. We appreciate your comments and your time.
Case Number/Rule AQ-2013-001 Rule 316 Nonmetallic Mineral Processing
Department Air Quality
I would like to Express opposition
First Name Mike
Last Name Butler
Organization Field not completed.
City Tonopah
Zip 85354
Email fyremike@earthlink.net
Phone Number 805-452-5450
Phone Type Mobile
Would you like someone Field not completed.
to contact you?
Comments Just another example of MCAQD relaxing the air quality
standards for the benefit of the offenders at the detriment of the

public's health.
If applicable, attach Field not completed.
supporting documentation
associated with your
comment.
Email not displaying correctly? View it in your browser.

From: AQPlanning Shared MBx
To: fyremike@earthlink.net
Subject: AQ-2013-001 Rule 316 Nonmetallic Mineral Processing
Date: Tuesday, July 24, 2018 12:49:00 PM
Dear Mr. Butler,
Thank you for submitting your comments regarding the proposed rulemaking. We appreciate your participation in the rulemaking
process. We will review and consider what you have submitted.
In accordance with the Maricopa County Enhanced Regulatory Outreach Program (EROP) process, this correspondence will be included in
the staff report for the next public meeting. The staff report will be posted to the EROP webpage one week prior to the meeting.
You will be notified of the next step in the rulemaking process via an email, if you have signed up for notifications through the EROP
webpage. If you have not signed up for notifications, please click on the link below to do so:
https://public.govdelivery.com/accounts/AZMARIC/subscriber/new?topic_id=AZMARIC_284
Sincerely,
Planning and Analysis Division
Maricopa County Air Quality Department
1001 N. Central Avenue, #125 | Phoenix, AZ 85004
Located at the Central Ave. & Roosevelt METRO stop
Desk: 602.506.6010 | aqplanning@mail.maricopa.gov
CleanAirMakeMore.com | Maricopa.gov/AQ
Help Reduce Ozone.
Drive Less, Refuel After Dark and Avoid Idling.

County Manager's Case Approval
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