11/30/2009 1:29 pm
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
Agency Decision
Promulgating Board: Air Pollution Control Board
Regulatory Coordinator: Karen G. Sabasteanski


Agency Contact: Cindy Berndt

Reg. Coordinator


Contact Address: Department of Environmental Quality

629 East Main Street

P.O. Box 1105

Richmond, VA 23218
Chapter Affected:
vac 5 - 40: Existing Stationary Sources
Statutory Authority: State: Section 10.1-1308 of the Code of Virginia

Federal: Clean Air Act (Sections 110, 111, 123, 129, 171, 172 and 182) 40 Code of Federal Regulations, Parts 51 and 60
Date Petition Received 11/20/2009
Petitioner Appalachia Mountain Stewards and Sierra Club
 Petitioner's Request
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 12/21/2009  (comment period will also begin on this date)
Comment End Date 01/11/2010