1. (1) As used in this section:

   1. (a) "Division" means the Division of Air Quality created in Section 19-1-105.
   2. (b) "Fugitive dust" means particulate matter that becomes airborne from the mechanical disturbance or wind-blown disturbance of a material or surface.

   3. (c) "Fugitive dust control plan" means a plan that:

      1. (i) indicates the methods a fugitive dust facility uses to control and monitor fugitive dust; and
      2. (ii) complies with relevant state and federal law for a fugitive dust facility.

   4. (d)

      1. (i) "Fugitive dust facility" means a commercial facility or site:

         1. (A) larger than a quarter acre;
         2. (B) that produces fugitive dust; and
         3. (C) that the division requires to complete a fugitive dust control plan.

      2. (ii) "Fugitive dust facility" includes:

         1. (A) an aggregate operation that extracts, crushes, screens, grinds, stores, or transports rock material, including sand, gravel, stone, and other rock products;
         2. (B) an excavation site, including an excavation activity like trenching, grading, drilling, or earthmoving; and
         3. (C) a site for topsoil or bulk material handling, including stripping, loading, unloading, moving, or spreading soil, fill, or another bulk material.

      3. (iii) "Fugitive dust facility" does not include:

         1. (A) an agricultural or horticultural operation; and
         2. (B) the sanding or salting of a roadway for snow and ice control.

2. (2) A fugitive dust facility shall post informational signage:

   1. (a) at an entryway to the fugitive dust facility that is clearly visible to the public; and

   2. (b) that includes the following information:

      1. (i) the name of the facility or site;
      2. (ii) a permit identification number;
      3. (iii) a business identification number; and

      4. (iv) the contact information for:

         1. (A) the facility manager or owner; and
         2. (B) the division.

Enacted by Chapter 419, 2026 General Session