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Oklahoma SIP: OAC 252:100-29-1 to 252:100-29-4: Control of Fugitive Dust

Regulatory Text: 
Oklahoma Administrative Code.  Title 252.  Department of Environmental Quality 

Chapter 100.  Air Pollution Control (OAC 252:100)

SUBCHAPTER 29.  CONTROL OF FUGITIVE DUST
As approved by EPA December 29, 2008 (73 FR 79400) effective February 27, 2009 (OKd06).

Sections
252:100-29-1.  Purpose, OKc48
252:100-29-2.  General Provisions, OKd06
252:100-29-3.  Precautions required in maintenance or nonattainment areas, OKd06
252:100-29-4.  Exception for agricultural purposes, OKc48


252:100-29-1.  Purpose
As adopted in Oklahoma Register May 16, 1994 (11 Ok Reg 2031) effective May 26, 1994.
Approved by EPA November 3, 1999 (64 FR 59629) effective January 3, 2000 (OKc48).

     The purpose of this Subchapter is to control the release of fugitive dust into the air by any operation or action.


252:100-29-2.  General Provisions
As adopted in Oklahoma Register May 15, 2001 (18 Ok Reg 1490) effective June 1, 2001.
Approved by EPA December 29, 2008 (73 FR 79400) effective February 27, 2009 (OKd06).

     (a)  Prohibitions.  No person shall cause or allow any fugitive dust source to be operated, or any substances to be handled, transported or stored, or any structure constructed, altered, or demolished to the extent that such operation or activity may enable fugitive dust to become airborne and result in air pollution, without taking reasonable precautions to minimize or prevent pollution.

     (b)  Reasonable precautions.  Reasonable precautions include, but are not limited to, those actions set forth below at OAC 252:100-29-3(1) through (6).

     (c)  Emission boundaries.
          (1)  No person shall cause or allow the discharge of any visible fugitive dust emissions beyond the property line of the property on which the emissions originate in such a manner as to damage or to interfere with the use of adjacent properties.  If the DEQ determines that this rule has been violated, the owner or operator of the fugitive dust emissions source or sources shall implement controls, subject to economic and technological feasibility, to prevent future violations.
          (2)  No persons shall cause or allow the discharge of any visible fugitive dust emissions beyond the property line of the property on which the emissions originate in such a manner as to cause air quality standards to be exceeded or interfere with the maintenance of air quality standards.


252:100-29-3.  Precautions required in maintenance or nonattainment areas
As adopted in Oklahoma Register May 15, 2001 (18 Ok Reg 1490) effective June 1, 2001.
Approved by EPA December 29, 2008 (73 FR 79400) effective February 27, 2009 (OKd06).

     As of the adoption of this Subchapter, in areas designated as Air Quality Maintenance Areas or Nonattainment Areas for particulate matter, the Director shall require specific reasonable precautions that may include, but shall not be limited to, the following:
          (1)  The 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, driveways and parking lots or the clearing of land for commercial, industrial, or residential development.
          (2)  The application of water or suitable chemicals or some other covering on materials stockpiles and other surfaces that can create air-borne dusts under normal conditions.
          (3)  The installation and use of hoods, fans and dust collectors to enclose and vent the handling of dusty materials or the use of water sprays or other acceptable measures to suppress dust emission during handling.  Adequate containment methods shall be employed during sandblasting or other similar operations.
          (4)  The covering or wetting of open-bodied trucks, trailers, or railroad cars when transporting dusty materials in areas where the general public must have access.
          (5)  The removal as necessary from paved street and parking surfaces of materials that have a tendency to become airborne.
          (6)  The planting and maintenance of vegetative ground cover as necessary.


252:100-29-4.  Exception for agricultural purposes
As adopted in Oklahoma Register May 16, 1994 (11 Ok Reg 2031) effective May 26, 1994.
Approved by EPA November 3, 1999 (64 FR 59629) effective January 3, 2000 (OKc48).

     Section 252:100-29-3 shall not apply to the clearing or preparation of land used solely for agricultural purposes.  For the purpose of this Subchapter "agricultural purposes" shall be limited to the raising of livestock or crops for food or fiber.