401 KAR 63:010 - Fugitive emissions
RELATES TO: KRS 224.20, 224.10-100, 42 U.S.C. 7407
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100(5) authorizes the
Section 1. Definitions. Except as defined in
this section, terms used in this administrative regulation shall have the
meaning established in
401 KAR
50:010.
(1)
"Affected facility " means an apparatus, operation, or road that emits or could
emit fugitive emissions not elsewhere subject to an opacity standard within 401
KAR Chapters 50 through 68.
(2)
"Emission time" means the accumulated amount of time that emissions are visible
during the observation period.
(3)
"Fugitive emissions " means the emissions of any air contaminant into the open
air other than from a stack or air pollution control equipment
exhaust.
(4) "Observation period"
means the accumulated time period during which observations are
conducted.
(5) "Open air" means the
air outside buildings, structures, and equipment.
Section 2. Applicability. The provisions of
this administrative regulation shall be applicable to each "affected facility "
as defined by Section 1(1) of this administrative regulation.
Section 3. Standards for Fugitive Emissions .
(1) A person shall not cause, suffer, or
allow any material to be handled, processed, transported, or stored; a building
or its appurtenances to be constructed, altered, repaired, or demolished; or a
road to be used without taking reasonable precaution to prevent particulate
matter from becoming airborne. Reasonable precautions shall include, as
applicable:
(a) Use, if possible, of water or
suitable chemicals for control of dust in the demolition of existing buildings
or structures, construction operations, the grading of roads, or the clearing
of land;
(b) Application and
maintenance of asphalt, oil, water, or suitable chemicals on roads, materials
stockpiles, and other surfaces that can create airborne dusts;
(c) Installation and use of hoods, fans, and
fabric filters to enclose and vent the handling of dusty materials, or the use
of water sprays or other measures to suppress the dust emissions during
handling. Adequate containment methods shall be employed during sandblasting or
other similar operations;
(d)
Covering, at all times while in motion, open bodied trucks transporting
materials likely to become airborne;
(e) The maintenance of paved roadways in a
clean condition; or
(f) The prompt
removal of earth or other material from a paved street to which earth or other
material has been transported by trucking or earth moving equipment or erosion
by water.
(2) A person
shall not cause, suffer, or allow visible fugitive dust emissions beyond the
lot line of the property on which the emissions originate, as determined by
Reference Method 22 of Appendix A in 40 C.F.R. Part 60 , for:
(a) More than five (5) minutes of emission
time during any sixty (60) minute observation period; or
(b) More than twenty (20) minutes of emission
time during any twenty-four (24) hour period.
(3) If dust, fumes, gases, mist, odorous
matter, vapors, or any combination thereof escape from a building or equipment
in a manner and amount as to cause a nuisance or to violate any administrative
regulation, the secretary may, based on the cause, type, or amount of a
fugitive emission, order that the building or equipment in which processing,
handling, and storage are done be tightly closed and ventilated in a way that
all air and gases and air or gas-borne material leaving the building or
equipment are treated by removal or destruction of air contaminants before
discharge to the open air.
(4) The
provisions of this section shall not apply to agricultural practices, such as
tilling of land or application of fertilizers, which take place on a farm.
Agricultural practices, such as tilling of land or application of fertilizers,
which take place on a farm, shall be conducted in a manner as to not create a
nuisance to others residing in the area.
Section 4. Additional Requirements. In
addition to the requirements of Section 3 of this administrative regulation,
the requirements established in subsections (1) through (3) of this section
shall apply.
(1) At all times while in motion,
open bodied trucks, operating outside company property, transporting materials
likely to become airborne shall be covered.
(2) The provisions of Section 3(1) and (2) of
this administrative regulation shall not be applicable to temporary blasting or
construction operations.
(3) A
person shall not cause, suffer, or allow earth or other material being
transported by truck or earth moving equipment to be deposited onto a paved
street or roadway.
Notes
STATUTORY AUTHORITY: KRS 224.10-100(5)
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