Pacific Southwest, Region 9
Serving: Arizona, California, Hawaii, Nevada, Pacific Islands, Tribal Nations
Summary of FIP Dust Rule Proposal
EPA proposed and took comment on amendments to the final fugitive dust rule for the Phoenix PM-10 nonattainment area. Comments on the proposed amendments were accepted until March 8, 1999. The Phoenix Federal Implementation Plan (FIP) fugitive dust rule covers unpaved roads, unpaved parking lots and vacant lots. The rule was finalized on August 3, 1998 (63 FR 41350). The final fugitive dust rule contains test methods for ascertaining source compliance with the rule requirements. As a result of additional technical field work EPA conducted in Phoenix, EPA is proposing to add or replace certain test methods in the FIP rule. The newly proposed test methods include a silt content test method for unpaved roads and unpaved parking lots, a visible crust test method for vacant lots and a vegetative density procedure for vacant lots with certain types of vegetation.
EPA also proposed to include FIP rule coverage of privately owned unpaved roads that are also privately maintained. (These do not include unpaved roads on construction sites that have approved permits under Maricopa County Rule 310). The final FIP rule already requires controls for privately owned roads that are maintained by public entities. Finally, EPA proposed to allow alternative control measures to be implemented without prior EPA approval, given that any measures applied must meet the rule's dust control standards according to specified test methods.