Regulatory Text:
SUBCHAPTER 29.  CONTROL OF FUGITIVE DUST

(As approved by EPA 11/03/1999 (64 FR 59629) at 52.1920(c)(48) effective 01/03/2000.)

Outline
252:100-29-l.  Purpose
252:100-29-2.  Prohibitions
252:100-29-3.  Precautions required in maintenance or nonattainment areas
252:100-29-4.  Exception for agricultural purposes
252:100-29-5.  Variance


252:100-29-l.  Purpose

     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.  Prohibitions

     (a)  General provisions.  No person shall cause or permit the handling, transporting or disposition of any substance or material which is likely to be scattered by the air or wind, or is susceptible to being air-borne, or wind-borne or to operate or maintain or cause to be operated or maintained, any premise, open area, right-of-way, storage pile of materials, vehicle, or construction, alteration, demolition or wrecking operation, or any other enterprise, which involves any material or substance likely to be scattered by the wind or air, or susceptible to being wind-borne or air-borne that would be classified as air pollution without taking reasonable precautions or measures to minimize atmospheric pollution.

     (b)  Emission boundaries.  No person shall cause or permit the discharge of any visible fugitive dust emissions beyond the property line on which the emissions originate in such a manner as to damage or to interfere with the use of adjacent properties, or 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 of the adoption of this Subchapter, in areas designated as Air Quality Maintenance Areas or Nonattainment Areas for particulates, the  Executive Director shall require specific reasonable precautions and may include, but shall not be limited to the following:
     (1)  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)  application of water or suitable chemicals or some other covering on materials stockpiles, and other surfaces which can create air-borne dusts under normal conditions;
     (3)  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 the dust emission during handling. Adequate containment methods shall be employed during sandblasting or other similar operations;
     (4)  covering or wetting when in motion, of open-bodied trucks, trailers, or railroad car transporting materials in areas where the general public must have access which can create air-borne particulate matter;
     (5)  removal as necessary from paved street and parking surfaces of earth or other material which have a tendency to become airborne; and/or
     (6)  the planting and maintenance of vegetative ground cover as necessary.

252:100-29-4.  Exception for agricultural purposes

     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.

252:100-29-5.  Variance

     Uses of potential variance from this Subchapter are subject to review, approval, and/or denial of the requested variance by the Air Quality Council.