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.

RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT

OFFICE OF AIR RESOURCES

AIR POLLUTION CONTROL REGULATION NO. 5

FUGITIVE DUST

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.

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 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.

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. 

General Provisions

Purpose

The purpose of this regulation is to limit the release of fugitive dust.

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

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.

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.

Effective Date

The foregoing regulation, "Fugitive Dust”, as amended, after due
notice, is hereby adopted and filed with the Secretary of State this
__29th_______ day of ____June______, 20_07 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

 

 

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