Ohio Admin. Code 3745-17-08 - Restriction of emission of fugitive dust
[Comment: For dates the
last paragraph Incorporation by
reference
(A) Applicability:
(1) Except as otherwise
indicated
specified in paragraph (A)(3) of this rule,
the requirements of 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
the requirements of paragraph (B) of this
rule upon the effective date 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, the requirements
of 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
or 3745-17-02 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 a permit to operate
for the source in accordance with rule
3745-35-02
of the Administrative Code
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) , and/or
or require the
owner or operator to submit and implement a control program which will bring
the fugitive dust source into compliance with the
requirements of paragraph (B) of this rule as expeditiously as
practicable.
(3)
The
requirements of paragraph
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; and
.
(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 dust generated from
any roadway or parking area at the "Ford Motor
Company, Cleveland Casting Plant" or any subsequent owner or operator of the
"Ford Motor Company, Cleveland Casting Plant" facility located at 5600 Henry
Ford Boulevard, Brook Park, Ohio (OEPA premise number 1318120180) and
at the "Wheeling Pittsburgh Steel
Corporation
Mingo Junction Steel Works
LLC " or any subsequent owner or operator of the "Wheeling Pittsburgh Steel Corporation
Mingo Junction Steel Works LLC " facilities located at
South Third street, Steubenville, Ohio (OEPA premise number
1741150011
0641090010 ) and at McLister
avenue,540 Commercial ave., Mingo
Junction, Ohio (OEPA premise number 1741090010
0641090010 ).
(f)
Fugitive dust
generated from residential wood burning appliances and pellet
stoves.
(4) An air
contaminant source can be subject to both of the
requirements of rule
3745-17-11
of the Administrative Code and this rule if it is a fugitive dust source, as
defined in paragraph (B)(7)
(B) 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(s)
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)(12)
(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(s)
point of
capture to the extent possible with good engineering design; and
.
(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(s)
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; or
.
(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; and
.
(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 the requirements of 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(s)
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)(17)
(B) 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 and/or
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 the
requirements of rule
3745-35-02
or
3745-77-02
of the Administrative Code.
(E)
Within thirty
days after January 31, 1998, the "Ford Motor Company, Cleveland Casting Plant"
(OEPA premise number 1318120180) or any subsequent owner or operator of the
"Ford Motor Company, Cleveland Casting Plant" located at 5600 Henry Ford
Boulevard, Brook Park, Ohio shall submit a written notification to the director
which indicates whether it will comply with either the work practice plan in
appendix B to this rule or the visible particulate emission limitation in
paragraph (B)(5) of rule
3745-17-07
of the Administrative Code and the requirements of paragraph (B)(2) of this
rule for the control of fugitive dust generated from any unpaved roadway or
parking area located at such facility. In such notification, "Ford Motor
Company, Cleveland Casting Plant" or any subsequent owner or operator of such
facility shall choose between the requirements of the work practice plan or the
requirements of paragraph (B)(5) of rule
3745-17-07
of the Administrative Code and of paragraph (B)(2) of this rule. Except as
otherwise provided in paragraph (F) of this rule, after submitting such written
notification indicating which control requirements it will comply with, "Ford
Motor Company, Cleveland Casting Plant" or any subsequent owner or operator of
such facility will be subject to and shall comply with such control
requirements
[Reserved.]
.
(F)
After selecting a control requirements option
pursuant to paragraph (E) of this rule, in the event that "Ford Motor Company,
Cleveland Casting Plant" or any subsequent owner or operator of the "Ford Motor
Company, Cleveland Casting Plant" subsequently desires to be subject to and to
comply with the other identified control requirements option identified in
paragraph (E) of this rule, "Ford Motor Company, Cleveland Casting Plant" or
any subsequent owner or operator of such facility may so notify the director by
submitting a written notification which clearly indicates that "Ford Motor
Company, Cleveland Casting Plant" or any subsequent owner or operator of such
facility desires to be subject to and shall comply with the alternative control
requirements option. To be effective, any such written notification shall
expressly identify the specific date on which "Ford Motor Company, Cleveland
Casting Plant" or any subsequent owner or operator of such facility desires to
be subject to the alternative control requirements option and shall be
submitted no later than thirty days prior to such date. In the event that "Ford
Motor Company, Cleveland Casting Plant" or any subsequent owner or operator of
such facility complies with the written notification provisions contained in
this paragraph, "Ford Motor Company, Cleveland Casting Plant" or any subsequent
owner or operator of such facility shall become subject to and shall comply
with the alternative control requirements option as of the date specifically
identified in the written notification
[Reserved.]
.
Notes
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 8/7/72, 6/18/80, 3/25/81, 8/1/82, 10/1/83, 6/14/91, 1/31/98, 4/14/03, 2/1/08
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