250-RICR-120-05-5. Fugitive Dust (version Amendment, 07/19/2007 to 06/29/2016)

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS DEPARTMENT OF ENVIRONMENTAL MANAGEMENT OFFICE OF AIR RESOURCES AIR POLLUTION CONTROL REGULATION NO. 5 FUGITIVE DUST Effective: 2 August 1967 Last Amended: 19 July 2007 AUTHORITY: These regulations are authorized pursuant to R.I. Gen. Laws § 42- 17.1-2(s) and 23-23, as amended, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35. Page 1 of 3 RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT OFFICE OF AIR RESOURCES AIR POLLUTION CONTROL REGULATION NO. 5 FUGITIVE DUST 5.1 Definitions Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by reference to the Rhode Island Air Pollution Control General Definitions Regulation. 5.2 Applicability This regulation shall apply, but not be limited to, the generation of airborne particulate matter from the following activities: (a) The demolition, construction or renovation of buildings, bridges or other structures; (b) Material stockpiles, including solid waste management facilities, and earth moving activities, including the clearing of land and other operations which cause airborne particulate matter; (c) Stationary sources, as defined in the Air Pollution Control Regulations, whose activities involve the handling of materials which cause airborne particulate matter; (d) Exterior surface preparation/resurfacing operations conducted on buildings, bridges, or other structures that are not regulated by the requirements of Air Pollution Control Regulation No. 24 entitled, "Removal of Lead Based Paint from Exterior Surfaces", as well as surface preparation/resurfacing operations conducted on vehicles, vessels, or any other surfaces which cause airborne particulate matter; (e) Vehicles transporting materials which cause airborne particulate matter; (f) Paved roads onto which earth or other material has been deposited by trucking or earth-moving equipment, by erosion by water, by the sanding and/or salting of roadways, or by other means; (g) Commercial mining and/or quarrying operations including the construction, maintenance, and operation of a commercial mining and/or quarrying Page 2 of 3 facility, as well as activities which involve the use of explosive materials which cause airborne particulate matter; and (h) Any other activities or operations which the Director may determine cause airborne particulate matter. 5.3 Requirements No person shall cause or permit any materials, including but not limited to sand, gravel, soil, aggregate and any other organic or inorganic solid matter capable of releasing dust, to be handled, transported, mined, quarried, stored or otherwise utilized in any way so as to cause airborne particulate matter to travel beyond the property line of the emission source without taking adequate precautions to prevent particulate matter from becoming airborne. Such precautions shall be in accordance with good industrial practice as determined by the Director and/or shall be other reasonable fugitive dust prevention measures as determined by the Director. 5.4 General Provisions 5.4.1 Purpose The purpose of this regulation is to limit the release of fugitive dust. 5.4.2 Authority These regulations are authorized pursuant to R.I. Gen. Laws § 42-17.1- 2(s) and 23-23, as amended, and have been promulgated pursuant to the procedures set forth in the R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35 5.4.3 Application The terms and provisions of this regulation shall be liberally construed to permit the Department to effectuate the purposes of state law, goals and policies. 5.4.4 Severability If any provision of this regulation or the application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulation shall not be affected thereby. Page 3 of 3 5.4.5 Effective Date The foregoing regulation, "Fugitive Dust”, as amended, after due notice, is hereby adopted and filed with the Secretary of State this _________ day of _______________, 20___ to become effective twenty (20) days thereafter, in accordance with the provisions of Chapters 23-23, 42-35, 42- 17.1, 42-17.6, of the General Laws of Rhode Island of 1956, as amended. W. Michael Sullivan, PhD., Director Department of Environmental Management Notice Given on: February 21, 2007 Public Hearing held: March 23, 2007 Filing Date: June 29, 2007 Effective Date: July 19, 2007