4/20/2011 8:50 am Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
Virginia Register Publication Information
|
Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
Agency Decision
Promulgating Board: | Air Pollution Control Board |
Regulatory Coordinator: | Cindy Berndt (804)698-4378 cindy.berndt@deq.virginia.gov |
Agency Contact: | Karen G. Sabasteanski (804)698-4426 karen.sabasteanski@deq.virginia.gov |
Contact Address: | Department of Environmental Quality 629 East Main Street P.O. Box 1105 Richmond, VA 23218 |
Chapter Affected: | |
9 vac 5 - 50: | New and Modified Stationary Sources |
Statutory Authority: |
State: Section 10.1-1308 of the Code of Virginia Federal: Sections 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act 40 Code of Federal Regulations, Parts 51 and 60 |
Date Petition Received | 11/20/2009 |
Petitioner | Appalachia Mountain Stewards and Sierra Club |
The Southern Appalachia Mountain Stewards and the Sierra Club have petitioned the
State Air Pollution Control Board to amend the fugitive dust emissions standards for
existing and new and modified stationary sources. The petitioners have requested that
additional language be added to the fugitive dust standards to clarify what is meant
by "reasonable precautions" and that the fugitive dust standard provide additional
examples of reasonable precautions specific to the type of activities that contributed
to the documented dust problem in Roda. Further, the petitioners state that the proposed
amendments would strengthen and clarify the fugitive dust standard without imposing
significant burdens on regulators or on the facilities subject to the regulations.
The specific requested amendments are identical for both chapters 40 and 50. The full
text follows and are the addition of the 2nd sentence in the first paragraph and the
addition of numbered items 6, 7 and 8:
No owner or other person shall cause or permit any materials or property to be handled,
transported, stored, used, constructed, altered, repaired or demolished without taking
reasonable precautions to prevent particulate matter from becoming airborne. In determining
what is reasonable, consideration will be given to factors such as the proximity of
dust emitting operations to human habitations and/or activities, and to atmospheric
conditions which might affect the movement of particulate matter. Such reasonable
precautions may include, but are not limited, to the following:
1. Use, where possible, of water or chemicals for control of dust in the demolition
of existing buildings or structures, construction operations, the grading of roads
or the clearing of land;
2. Application of asphalt, water, or suitable chemicals on dirt roads, materials stockpiles
and other surfaces which may create airborne dust; the paving of roadways and the
maintaining of them in a clean condition;
3. Installation and use of hoods, fans and fabric filters to enclose and vent the
handling of dusty materials. Adequate containment methods shall be employed during
sandblasting or other similar operations;
4. Open equipment for conveying or transporting materials likely to create objectionable
air pollution when airborne shall be covered, or treated in an equally effective manner
at all times when in motion;
5. The prompt removal of spilled or tracked dirt or other materials from paved streets
and of dried sediments resulting from soil erosion; and
6. The use of water to wash the wheels, undercarriage, and other parts of every vehicle
that hauls coal or other materials before or immediately after the vehicle leaves
a dusty, dirty, or muddy surface, including but not limited to haul roads at a mining
or processing facility;
7. Cleaning the empty bed and/or any other part of a vehicle that had recent contact
with material capable of emitting dust; and
8. Installation and use of rumble strips, speed bumps, or other devices designed to
reduce vehicle speed and to dislodge mud and other materials from tires and vehicle
bodies before vehicles enter public roads.
Agency Plan
Receive comments on the petition for 21 days and present petition and comments to
State Air Pollution Control Board for a decision on whether or not to intiate a rulemaking.
Publication Date | 05/09/2011 (comment period will also begin on this date) |
Comment End Date | 02/10/2010 |
Take no action
Agency Response Date | 04/20/2011 |
Based on the Board book material, staff presentation, public comments and Board discussions,
the Board, on a motion by Mr. Rives, unanimously voted to deny the petition for rulemaking
and requested that the Director, or his designee, issue a guidance document regarding
fugitive dust generated by coal mining, processing, handling or transportation activities
that incorporates the following concepts:
1. Notes the lead role of the Department of Mines, Mineral and Energy and the existence
of the Department of Mines, Mineral and Energy/Department of Environmental Quality
Memorandum of Agreement.
2. That, if in the opinion of the Department of Environmental Quality reasonable
precautions were not being taken and the resulting conditions cause or contribute
to the endangerment of human health and the Department of Mines, Minerals and Energy
does not take enforcement action, the Department of Environmental Quality would consider
doing so pursuant to the existing regulations.
3. That, when determining appropriate reasonable precautions, the Department of
Environmental Quality will consider the potential impact on human health, i.e., proximity
of the fugitive dust release to human habitation and activities.
4. That reasonable precautions to minimize the amount of coal dust and other dust
becoming airborne may include washing down loaded trucks before they leave the mine
and rinsing out the beds of emptied trucks and installation of rumble strips or similar
devices to remove material from wheels and undercarriages before leaving a permitted
site.
5. That street sweeping or other measures to remove accumulated fugitive dust from
public roadways may also be a reasonable precaution when necessary to prevent the
dust from becoming airborne or re-entrained into the atmosphere.