[Comment: For dates and availability of non-regulatory
government publications, publications of recognized organizations and
associations, federal rules, and federal statutory provisions referenced in
this rule, see paragraph (C)
(AA) of rule
3745-17-01 of the Administrative
Code titled "referenced materials."]
(A) Applicability:
(1) Except as otherwise specified in
paragraph (A)(3) of this rule, paragraph (B) of this rule shall apply to any
fugitive dust source which is located within the areas identified in appendix A
to this rule. Except as additional time for achieving compliance is provided in
paragraph (B) of rule
3745-17-04 of the Administrative
Code, any such source shall comply with paragraph (B) of this rule by August 7,
1972 or the date of initial startup of the source, whichever is
later.
(2) Notwithstanding the
exemptions in paragraph (A)(3) of this rule, paragraph (B) of this rule shall
apply to any fugitive dust source regardless of location if, in the director's
judgment, probable cause exists to believe that such source is causing or
contributing to a violation of rule
3745-15-07 of the Administrative
Code. In such cases, the director may require the owner or operator of the
fugitive dust source to apply for and obtain an operating permit in accordance
with Chapter
3745-77 of the Administrative
Code (for sources subject to the Title V permit program) or an a
permit-to-install and operate in accordance with Chapter 3745-31 of the
Administrative Code (for sources not subject to the Title V permit program), or
require the owner or operator to submit and implement a control program which
will bring the fugitive dust source into compliance with paragraph (B) of this
rule as expeditiously as practicable.
[Comment: Applications requiring submittal prior to June 30,
2008, for sources not subject to the Title V program, were to be submitted in
accordance with now rescinded Chapter 3745-35 of the Administrative
Code.]
(3) Paragraph (B) of
this rule shall not apply to:
(a) Any fugitive
dust source which is located at a grain elevator having a permanent storage
capacity of less than 2.5 million bushels.
(b) [Reserved.]
(c) Fugitive dust generated from publicly
owned roadways and parking lots, provided the fugitive dust is not directly
caused by the deposition of materials due to industrial, commercial, or
construction activities.
(d)
Fugitive dust generated from the tilling and wind erosion of farm
land.
(e)
Except as otherwise provided in paragraphs (E) and
(F) of this rule, fugitive
Fugitive dust
generated from any roadway or parking area at the
"JSW
Steel USA Ohio"
"Mingo Junction Steel Works
LLC" or any subsequent owner or operator of the
"Mingo Junction Steel Works LLC"
"JSW Steel USA Ohio"
facilities
facility
located at
South Third street, Steubenville, Ohio
(OEPA premise number 0641090010) and at, 540 Commercial
ave.
avenue,
Mingo Junction, Ohio (OEPA premise number 0641090010).
(f) Fugitive dust generated from residential
wood burning appliances and pellet stoves.
(4) An air contaminant source can be subject
to both rule
3745-17-11 of the Administrative
Code and this rule if it is a fugitive dust source, as defined in paragraph
(B)
(F)(5) of
3745-17-01 of the Administrative Code, and also emits, by means of one or more
stacks, particulate matter that is subject to a limitation in rule
3745-17-11 of the Administrative
Code.
(B) No person
shall cause or permit any fugitive dust source to be operated; or any materials
to be handled, transported, or stored; or a building or its appurtenances or a
road to be used, constructed, altered, repaired, or demolished without taking
or installing reasonably available control measures to prevent fugitive dust
from becoming airborne. Such reasonably available control measures shall
include, but not be limited to, one or more of the following which are
appropriate to minimize or eliminate visible particulate emissions of fugitive
dust:
(1) The use of water or other suitable
dust suppression chemicals for the control of fugitive dust from the demolition
of existing buildings or structures, construction operations, the grading of
roads or the clearing of land.
(2)
The periodic application of asphalt, oil (excluding any used oil as defined in
paragraph (A) of rule
3745-279-01 of the
Administrative Code), water, or other suitable dust suppression chemicals on
dirt or gravel roads and parking lots, and other surfaces which can cause
emissions of fugitive dust.
(3) The
installation and use of hoods, fans, and other equipment to adequately enclose,
contain, capture, vent and control the fugitive dust. Such equipment shall meet
the following requirements:
(a) The collection
efficiency is sufficient to minimize or eliminate visible particulate emissions
of fugitive dust at the point of capture to the extent possible with good
engineering design.
(b) The control
equipment achieves an outlet emission rate of not greater than 0.030 grain of
particulate emissions per dry standard cubic foot of exhaust gases or there are
no visible particulate emissions from the exhaust stack, whichever is less
stringent.
(4) For ship
loading operations at grain terminals, either of the following:
(a) Except during topping-off periods or
during the loading of tween-deckers or tankers, the covering of the hatches and
loading spouts with tarpaulin covers, to the extent practicable, and evacuation
of the hatches to control equipment which is designed to achieve an outlet
emission rate of 0.030 grain of particulate emissions per dry standard cubic
foot of exhaust gases.
(b) The
installation and use of control measures such as deadbox or bullet-type loading
spouts which are equivalent to or better than the overall control efficiency of
the measures described in paragraph (B)(4)(a) of this rule.
(5) The use of adequate
containment methods during sandblasting or other similar operations.
(6) The periodic application of water or
other suitable dust suppression chemicals, the installation of storage silos,
bins or other enclosed structures, or the use of canvas or other suitable
coverings, for all materials stockpiles and stockpiling operations, except
temporary stockpiles and stockpiling operations for grain and grain
products.
(7) The covering, at all
times, of open bodied vehicles when transporting materials likely to become
airborne.
(8) The paving of
roadways and the maintaining of roadways in a clean condition.
(9) The prompt removal, in such a manner as
to minimize or prevent resuspension, of earth or other material from paved
streets onto which earth or other material has been deposited by trucking or
earth moving equipment or erosion by water or other means.
(C) For purposes of determining compliance
with paragraph (B) of this rule, the director shall consider a control measure
to be adequate if it complies with the following:
(1) The visible particulate emission
limitation contained in rule
3745-17-07 of the Administrative
Code;
(2) If applicable, the
control requirements contained in paragraph (B) of this rule; and
(3) The definition of reasonably available
control measures in paragraph
(B)
(R)(1) of rule
3745-17-01 of the Administrative
Code.
(D) Any owner or
operator of a facility which contains a fugitive dust source and which is
located within any area identified in appendix A to this rule shall submit a
certification or application for a permit-to-operate in accordance with
paragraphs (A) and (B) of rule
3745-17-04 of the Administrative
Code. This paragraph shall not exempt the owner or operator of a fugitive dust
source which is not located within an area identified in appendix A to this
rule from rule
3745-35-02 or
3745-77-02 of the Administrative
Code.
[Comment: Applications requiring submittal prior to June 30,
2008, for sources not subject to the Title V program, were to be submitted in
accordance with now rescinded Chapter 3745-35 of the Administrative
Code.]
(E) [Reserved.]
(F) [Reserved.]
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Notes
Ohio Admin. Code
3745-17-08
Effective:
8/25/2023
Five Year Review (FYR) Dates:
5/24/2023 and
08/25/2028
Promulgated
Under: 119.03
Statutory Authority: 3704.03(E)
Rule
Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates:
08/07/1972, 06/18/1980, 03/25/1981, 08/01/1982, 10/01/1983, 06/14/1991,
01/31/1998, 04/14/2003, 02/01/2008,
01/20/2018