No. Per A.A.C. § R18-2-D1302(B), this rule does not apply to areas subject to Maricopa County Rule 310, or Pinal County Air Quality Control District Code of Regulations Chapter 4, Article 3 (Construction Sites — Fugitive Dust) and Article 7, Construction sites in Nonattainment Areas — Fugitive Dust.
The rule requires that either the owner or operator of a nonresidential construction site must submit the construction activity notification. This rule covers projects that have either:
- unpaved parking and staging areas with a cumulative area over 1 acre; or
- a total project size of 10 acres; or
- both
No. Nonresidential construction sites are defined in A.A.C. § R18-2-D1301(13) as 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: (C) Ongoing mining and quarrying activities, except construction of new structures.
No. Per A.A.C. § R18-2-D1301(13), nonresidential construction sites do not include roadway construction, unless the roads are associated with a nonresidential construction site.
No. There is no fee to submit a notification through myDEQ, ADEQ's online portal, or under A.A.C. § R18-2-D1302.
No. Operators must enter the projected end date for the project and myDEQ, ADEQ's online portal, will automatically close out notifications shortly after this date. Operators should make sure to update the end date through the portal if this information changes throughout the project.
While the stabilization requirements apply only to unpaved parking/staging areas, speed limits would apply to all disturbed surface areas described in A.A.C. § R18-2-D1302.D(3) | View >
No. The rule requires that unpaved parking and staging areas be stabilized with either gravel, pavement, or chemical stabilizer as defined within A.A.C. § R18-2-D1301(4) | View >
Yes. There is no restriction on how far ahead of time operators can submit notifications for new projects, so it is possible to submit all notifications for the year at once.
Notification is only required for beginning construction activities at a site that is covered by the rule. The definition of construction within A.A.C. § R18-2-D1301(6) explains which activity is covered | View >
The owner/operator is responsible for cleanup. Owner/operator includes "any person who . . . operates," a dust generating operation. The cleanup provision in A.A.C. § R18-2-D1303(C)(3) applies to the owner or operator of the property from which the trackout occurs | View >