SECTION I—CONTROL OF FUGITIVE PARTICULATE MATTER IN NONATTAINMENT AREAS

1. (A) No person shall cause or permit any fugitive particulate matter to go beyond property boundaries below a height of 150 feet. Necessary precautions shall be taken to prevent such occurrences and be in accordance with good dust control practices as determined by the Department taking into consideration economic reasonableness, the seriousness of the dust conditions, and anticipated benefits; and may include but not be limited to the following:

   1. 1. Use, where possible, of water or chemicals for control of dust in demolition or construction operations, the grading of roads, or the clearing of land;
   2. 2. Application of asphalt (cut back asphalt is prohibited), water, or suitable chemicals on dirt roads, material stockpiles, and other surfaces which can give rise to airborne dust;
   3. 3. Installation and use of hoods, scrubbers, fabric filters or other dust cleaning devices where feasible and effective to capture and contain fugitive particulate matter while handling dusty materials. Adequate containment methods shall be employed during sandblasting or other similar operations;
   4. 4. The paving of roadways and the prompt removal of earth or other materials from paved streets that have been deposited by vehicular traffic, earth moving equipment, water erosion, or other means;
   5. 5. Stabilization of long term storage piles by vegetation or appropriate chemicals and reclamation of mined areas;
   6. 6. Modifying the process or materials handling system;
   7. 7. Use of a slurry to move material if feasible;
   8. 8. Use of traveling booms, telescopic chutes, rotary stackers, adequate shrouding of openings in containers to be filled;
   9. 9. Avoid use of front end loader in handling dry dusty materials unless there is no other reasonable option;
   10. 10. Impose strict slow speed limits for vehicular traffic on plant property or construction/destruction sites;
   11. 11. Ensure proper loading of trucks, trailers, front end loaders, etc., to prevent spillage on paved roadways.
2. (B) No visible dust in excess of ten (10) percent opacity will be allowed to come from transfer points of any conveyor system for raw material or finished product unless the source owner can demonstrate to the satisfaction of the Department that such control is not feasible.

3. (C) No new source will be granted a permit to construct in a nonattainment area for primary standards if any part of materials handling of dry and dusty material is to be done with a front end loader, dump truck, or similar type handling which permits excessive dust to escape to the ambient air.

   1. (A) For the purpose of this section, problem areas are defined as areas in which ambient levels of particulate matter are at or near primary standards; areas where an undesirable level of air pollution exists; areas in which excessive levels of fugitive particulate matter result in complaints from the general public; areas in which fugitive particulate matter is determined to be impacting upon a nonattainment area.

   SECTION II—CONTROL OF FUGITIVE PARTICULATE MATTER IN PROBLEM AREAS

4. (B) No person shall cause or permit any fugitive particulate matter that can reasonably be controlled to escape into the ambient air. Such reasonable control shall be in accordance with recognized and generally accepted methods as determined by the Department and may include, but not be limited to, the following:

   1. 1. Restrictions as applicable and contained in Section I;
   2. 2. Enclosure of any dust generating process to prevent fugitive emissions/dust; and

   3. 3. Modification or reduction of materials handling to minimize the generation of dust.

      SECTION III—CONTROL OF FUGITIVE PARTICULATE MATTER STATEWIDE

   4. (A) Emissions of fugitive particulate matter shall be controlled in such a manner and to the degree that it does not create an undesirable level of air pollution.
   5. (B) Restrictions and requirements may be contained in operating permits on a case-by-case basis that are deemed appropriate and necessary to control fugitive particulate matter in accordance with reasonably available control technology.
   6. (C) No source shall use any method of materials handling which will generate fugitive particulate matter that is not fully described in the permit application.

   7. (D) Volatile organic compounds shall not be used for dust control purposes. Oil treatment is also prohibited.

      SECTION IV.—EFFECTIVE DATE

      The effective date of this regulation is July 1, 1979.

HISTORY: Amended by State Register Volume 36, Issue No. 12, eff December 28, 2012 (errata); State Register Volume 37, Issue No. 12, eff December 27, 2013; State Register Volume 39, Issue No. 11, Doc. No. 4577, eff November 27, 2015.