Ariz. Admin. Code § 18-2-D1301

Current through Register Vol. 30, No. 50, December 13, 2024

Section R18-2-D1301 - Definitions for R18-2-D1302 and R18-2-D1303

The following definitions apply to R18-2-D1302 and R18-2-D1303:

1. "Average Daily Vehicle Trips (ADT)" means the average number of vehicles that cross a given point on a road over a 24-hour period.

2. "Bulk material" means any material, including but not limited to earth, rock, silt, sediment, sand, gravel, soil, fill, aggregate less than 2 inches in length or diameter, dirt, mud, demolition debris, trash, cinders, pumice, saw dust, and dry concrete, which are capable of producing fugitive dust.

3. "Class I area" means any international park, national wilderness area and national memorial park that exceeds 5,000 acres, or any national park that exceeds 6,000 acres, which are designated under the Clean Air Act as mandatory Federal Class I areas in order to preserve, protect and enhance air quality. The full list of Arizona Federal Class I areas as of the effective date of this Part is defined at 40 CFR 81.403.

4. "Chemical stabilizer/dust suppressant" means hygroscopic material, solution of water and chemical surfactant foam, non-toxic chemical stabilizer or any other dust palliative, which is not prohibited by the U. S. Environmental Protection Agency (EPA), the Arizona Department of Environmental Quality (ADEQ), or any applicable law or regulation, as a treatment material for reducing fugitive dust emissions.

5. "Clean gravel" means a mineral or rock aggregate ranging in size from 0.25 to 3 inches on its longest dimension that is either natural or the product of a mineral processing operation and contains no more than 6% silt by weight.

6. "Construction" means building a capital improvement resting upon, connected to or buried in the earth; modifications to existing structures, including additions, alterations, conversions, expansions, reconstruction, renovations, rehabilitations, and major replacements; or installing infrastructure associated with a new or modified structure, such as roads, flood structures, drainage works and irrigation works, and installation of above- or below-ground utilities.

7. "Construction site" means any property or portion of a property upon which dust generating operations occur as a result of construction.

8. "Disturbed Surface Area" means any portion of the earth's surface that has been physically moved, uncovered, destabilized, or otherwise modified from its undisturbed natural condition.

9. "Dust generating operations" means any activity capable of generating fugitive dust, including but not limited to:

a. Earthmoving activities;

b. Land clean-up, leveling, back filling;

c. Drilling;

d. Construction;

e. Demolition;

f. Bulk material handling, storage or transporting operations;

g. Operation of motorized machinery used in Construction;

h. Establishing or using unpaved parking lots, haul/access roads within a construction site; or

i. Installing initial landscapes using mechanized equipment.

10. "Dust Visibility Protection Areas" means the following townships associated with the Chiricahua National Monument and Wilderness Area, Galiuro Wilderness Area, Saguaro National Park (Wilderness Area), and Superstition Wilderness Area, (except those areas in Tribal Nations and Communities land, which has the same meaning as the term defined in 18 U.S.C. 1151) :

a. In Cochise County: Township 12 South, Range 19 through 25 East (T12S, R19-25E); T12S, R27-32E; T13S, R19-32E; T14S, R19-32E; T15S, R19-32E; T16S, R19-22E; T16S, R24-32E; T17S, R19-22E; T17S, R24-32E; T18S, R19-21E; T18S, R24-32E; T19S, R19-20E; T19S, R25-32E; T20S, R25-32E; T21S, R26-32E; T22S, R26-32E; T23S, R27-32E; T24S, R28-32E.

b. In Graham County: T4S, R19-21E; T5S, R19-22E; T6S, R19-23E; T7S, R19-24E; T8S, R19-24E; T9S, R19-25E; T10S, R19 - 25E; T11S, R19-25E.

c. In Gila County: T7N, R9-14E; T6N, R9-15E; T5N, R9-15.5E; T4.5N, R15.5-16E; T4N, R10-16E; T3N, R11-17E; T2N, R13-17E; T1N, R13-17E; T1S, R13-17E; T2S, R14-17E; T3S, R14-16E; T4S, R14-16E; T5S, R15-16E.

d. In Maricopa County: T7N, R9E; T6N, R7-10E; T5N, R6-10E; T4N, R5-12E; T3N, R5-12E; T2N, R4-13E; T1N, R4-7E; T1S, R5-7E; T2S, R5-7E.

e. In Pima County: T11S, R7-18E; T12S, R7-18E; T13S, R7-18E; T14S, R7-18E; T15S, R7-18E; T16S, R8-18E; T17S, R9-18E; T18S, R11-18E; T19S, R15-18E.

f. In Pinal County: T1N, R8-13E; T1S, R8-14E; T2S, R8-14E; T3S, R6-14E; T3S, R17-18E; T4S, R7-18E; T5S, R9-18E; T6S, R15-18E; T7S, R15-18E; T8S, R10-18E; T9S, R9-18E; T10S, R8-18E.

11. "Earthmoving activity" means any land clearing, land cutting and filling operations, blasting, trenching, road construction, grading, landscaping, landfill operations, weed abatement through discing, soil mulching, or any other activity associated with land development where the objective is to disturb the surface of the earth.

12. "Modified unpaved access point" means a project where paving operations are an integral part of new construction, reconstruction, or a pavement rehabilitation project on the paved public road.

13. "Nonresidential construction site" means a construction site where industrial, commercial, or institutional construction is taking place, including roads on the project site and excluding single family or multifamily home construction. Nonresidential construction does not include:

a. dust generating activities associated with the emergency repair of utilities;

b. roadway construction, unless it is associated with a nonresidential construction site; or

c. ongoing mining and quarrying activities, except construction of new structures.

14. "Owner or operator" means any person including, but not limited to, the property owner, lessee, developer, responsible official, general or prime contractor, supervisor, management company, or any person who owns, leases, operates, controls, or supervises a dust generating operation subject to the requirements of this rule.

15. "Pave/Pavement" means the application and maintenance of asphalt, concrete, or other similar material to a roadway surface, such as asphaltic concrete, concrete pavement, chip seal, or rubberized asphalt.

16. "Paved public road" means a public road that is covered with asphalt, recycled asphalt, asphaltic concrete, concrete, or any other pavement.

17. "Private road" means any road, equipment path or travel way used for motorized vehicle travel that is not a "public road" defined in R18-2-D1301.18.

18. "Public road" means any road, equipment path or travel way used for motorized vehicle travel that is owned by federal, state, county, municipal or other governmental or quasi-governmental agencies.

19. "Trackout" means any and all bulk materials that adhere to and agglomerate on the exterior surface of motor vehicles, haul trucks, or equipment (including tires) and that have fallen onto a paved roadway.

20. "Unpaved access point" means a location where an "unpaved public road" intersects with, adjoins, or otherwise connects to a "paved public road."

21. "Unpaved haul/access road" means any on-site unpaved road used by commercial, industrial, institutional, and/or governmental traffic.

22. "Unpaved parking and staging area" means any nonresidential area that is not covered by asphalt, recycled asphalt, asphaltic concrete, concrete, or any other pavement that is used for fueling and servicing; shipping, receiving and transfer; or parking or storing equipment, haul trucks, vehicles, and any conveyances, including on-site unpaved access routes to such an area.

23. "Unpaved public road" means a public road that is not covered with asphalt, recycled asphalt, asphaltic concrete, concrete, or any other pavement.

Ariz. Admin. Code § R18-2-D1301

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