1. (1) No person may cause or permit any materials to be handled, transported, or stored; or a building, its appurtenances, or a road to be used, constructed, altered, repaired or demolished; or any equipment to be operated, without taking reasonable precautions to prevent particulate matter from becoming airborne. Such reasonable precautions may include, but not be limited to the following:

   1. (a) Use, where possible, of water or chemicals for control of dust in the demolition of existing buildings or structures, construction operations, the grading of roads or the clearing of land;
   2. (b) Application of water or other suitable chemicals on unpaved roads, materials stockpiles, and other surfaces which can create airborne dusts;
   3. (c) Full or partial enclosure of materials stockpiles in cases where application of water or other suitable chemicals are not sufficient to prevent particulate matter from becoming airborne;
   4. (d) Installation and use of hoods, fans, and fabric filters to enclose and vent the handling of dusty materials;
   5. (e) Adequate containment during sandblasting or other similar operations;
   6. (f) Covering, at all times when in motion, open bodied trucks transporting materials likely to become airborne;
   7. (g) The prompt removal from paved streets of earth or other material that does or may become airborne.

2. (2) When fugitive particulate emissions escape from an air contaminant source, DEQ may order the owner or operator to abate the emissions. In addition to other means, DEQ may order that a building or equipment in which processing, handling and storage are done be tightly closed and ventilated in such a way that air contaminants are controlled or removed before being emitted to the open air.

   1. (a) For purposes of this section, fugitive emissions are visible emissions that leave the property of a source for a period or periods totaling more than 18 seconds in a six-minute period. The minimum observation time must be at least six minutes unless otherwise specified in a permit.
   2. (b) Fugitive emissions are determined by EPA Method 22 at the downwind property boundary.

3. (3) If requested by DEQ, the owner or operator must develop a fugitive emission control plan, including but not limited to the work practices in section (1), that will prevent any visible emissions from leaving the property of a source for more than 18 seconds in a six-minute period following the procedures of EPA Method 22.

   [NOTE: This rule is included in the State of Oregon Clean Air Act Implementation Plan as adopted by the EQC under OAR 340-200-0040.]

   [NOTE: View a PDF of referenced EPA Method by clicking on "Tables" link below.]

   [ED. NOTE: To view attachments referenced in rule text, click here for PDF copy.]

Statutory/Other Authority

ORS 468.020 & 468A

Statutes/Other Implemented

ORS 468A.025 & 468A.035

History

DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019
DEQ 122-2018, minor correction filed 04/11/2018, effective 04/11/2018
DEQ 7-2015, f. & cert. ef. 4-16-15
DEQ 2-2001, f. & cert. ef 2-5-01
DEQ 14-1999, f. & cert. ef. 10-14-99, Renumbered from 340-021-0060
DEQ 4-1993, f. & cert. ef. 3-10-93
DEQ 37, f. 2-15-72, ef. 3-1-72