1. (1) Fugitive dust, construction activities, and roadways associated with mining activities are regulated under Section R307-205-7 and not by Sections R307-205-5 and R307-205-6.
2. (2) Any person who owns or operates a mining operation shall minimize fugitive dust as an integral part of site preparation, mining activities, and reclamation operations.

3. (3) The fugitive dust control measures to be used may include:

   1. (a) periodic watering of unpaved roads;
   2. (b) chemical stabilization of unpaved roads;
   3. (c) paving of roads;
   4. (d) prompt removal of coal, rock minerals, soil, and other dust-forming debris from roads and frequent scraping and compaction of unpaved roads to stabilize the road surface;
   5. (e) restricting the speed of vehicles in and around the mining operation;
   6. (f) revegetating, mulching, or otherwise stabilizing the surface of all areas adjoining roads that are a source of fugitive dust;
   7. (g) restricting the travel of vehicles on other than established roads;

   8. (h) enclosing, covering, watering, or otherwise treating loaded haul trucks and railroad cars, to minimize loss of material to wind and spillage;

      1. (i) substitution of conveyor systems for haul trucks and covering of conveyor systems when conveyed loads are subject to wind erosion;
   9. (j) minimizing the area of disturbed land;

   10. (k) prompt revegetation of regraded lands;

       1. (l) planting of special windbreak vegetation at critical points in the permit area;
   11. (m) control of dust from drilling, using water sprays, hoods, dust collectors, or other controls approved by the director;
   12. (n) restricting the areas to be blasted at any one time;
   13. (o) reducing the period between initially disturbing the soil and revegetating or other surface stabilization;
   14. (p) restricting fugitive dust at spoil and coal transfer and loading points;
   15. (q) control of dust from storage piles through use of enclosures, covers, or stabilization and other equivalent methods or techniques as approved by the director; or
   16. (r) other techniques as determined necessary by the director.

KEY: air pollution, fugitive emissions, mining, tailings

Date of Last Change: December 3, 2025

Notice of Continuation: October 2, 2024

Authorizing, and Implemented or Interpreted Law: 19-2-101; 19-2-104; 19-2-109