Draft: October 20, 2006 

Page 1 of 13

Technical Support Document on Measures to Mitigate the Visibility Impacts of 

Construction Activities in the MANE-VU Region 

Draft: September 1, 2006 

1. Introduction 

Each state must develop a long-term (10-15 years) strategy for making reasonable progress 

towards the national goal stated in 40 CFR section 51.300(a), “preventing any future, and 

remedying any existing, impairment of visibility in mandatory Class I Federal areas which 

impairment results from man-made air pollution.” States are required to develop long-term 

strategies for each mandatory Class I Federal area located within the state and each mandatory 

Class I Federal area located outside the state that may be affected by sources within the state. 

According to 40CFR section 51.308(d)(3)(v)(B), states must consider “measures to mitigate the 

impacts of construction activities” in developing its long-term strategies for regional haze. 

The purpose of this technical support document is to assist States in considering measures in the 

MANE-VU Region to mitigate the impacts of construction activities. This document provides 

background information on the air quality impacts of construction activities, presents relevant 

emissions inventory and contribution assessment results, describes potential control measures, 

and summarizes state regulations currently in place in the MANE-VU Region. 

2. Air Quality Impacts of Dust and Diesel Usage from Construction Activities 

According to the EPA (www.epa.gov/ttn/chief/ap42/ch13), construction activities may have a 

significant, albeit temporary, impact on local air quality. Construction activities are sources of 

fugitive dust and air pollutants from the use of diesel powered equipment. 

There are two primary mechanisms of generating fugitive dust, pulverization of surface materials 

by mechanical equipment and entrainment of dust by wind. Large dust particles typically settle 

out near the source, creating potential nuisance issues. Particles larger than 100μm generally 

settle out within six to nine meters from the source while particles between 20 and 100μm 

typically fall out within a few hundred feet of the source. Smaller particles, especially particles 

smaller than 10μm (PM10) can persist in the atmosphere, possibly contributing to diminished 

visibility. 

Construction activities that can contribute substantial dust emissions include land clearing, 

drilling and blasting, ground excavation, hauling dirt, and the construction of roads and 

buildings. Equipment traffic over temporary roads at construction sites can make up a large 
Draft: October 20, 2006 

Page 2 of 13

portion of the emissions. The use of diesel fuel in construction equipment causes the emission of 

Carbon Monoxide (CO), Volatile Organic Compounds (VOCs), Nitrogen Oxides (NOx), and 

Particulate Matter (PM) into the air. These pollutants may contribute to reduced visibility.

Construction activities that contribute to the release of the above mentioned pollutants include, 

idling, the use of high sulfur fuel and diesel, the lack of exhaust controls, and the use older 

vehicles that are not properly maintained.

In contrast to other fugitive dust sources, such as dust generated from unpaved roads and 

agricultural tilling practices, construction activities are temporary with a definable beginning and 

end, and vary significantly over different phases of the construction project. Dust and diesel 

emissions from construction sites vary daily depending on the level of activity, specific 

operations, specific machinery used, and meteorological conditions. Other factors that play a 

role in dust emissions include the silt (particles smaller than 75μm in diameter) content of the 

soil, soil moisture, the speed and weight of construction equipment. Dust emissions are 

positively correlated with silt content and the weight of vehicles and negatively correlated with 

soil moisture content. 

3. Relevant Emissions Inventory Results 

The Mid-Atlantic Regional Air Management Association (MARAMA), on behalf of MANE-VU, 

developed a “Fugitive Dust Construction Area Source Category Calculation Methodology 

Sheet,” for use by MANE-VU States. The calculation methodology sheet describes how States 

may calculate emissions of particulate matter from residential, non-residential, and road 

construction activities. The calculation methodology sheet, which was most recently updated in 

December 2004, is available online at 

http://www.marama.org/visibility/Calculation_Sheets/FugitiveDustConstruction122004.doc.

States submitted PM2.5 and PM10 data on emissions from construction activities of various types, 

which were compiled in the MANE-VU 2002 Inventory. Under contract by MARAMA, E.H. 

Pechan and Associates summed the PM2.5 and PM10 data for the categories of residential 

construction, road construction, and industrial/commercial/institutional construction. These 

category values were added together to determine the Total Construction Emissions for each 

state, shown in Tables 1 and 2 and Total Off-Highway Diesel Emissions for each state shown in 

Tables 3 and 4. Each table below shows the Total Emissions of PM2.5 and PM10 from all sources 

of pollution, including point source, area, non-road, and on-road in units of tons per year. In the 

case of non-diesel construction activities, the percentages of construction emissions from area 

sources and the percentage of construction emissions from all sources were calculated and shown 

in Tables 1 and 2 for PM2.5 and PM10 respectively. In the case of diesel emissions the total 

emissions from all sources are followed by the Total Nonroad Source Emissions, and then the 

Total Off-Highway Diesel Emissions, the Construction Emissions as a percent of Nonroad 

Inventory and finally the Construction Emissions as a percent of Total Inventory were calculated 

and shown in Tables 3 and 4 for PM2.5 and PM10 respectively. 
Draft: October 20, 2006 

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Table 1: 2002 PM2.5 emissions from construction activities (Data Source: 2002 MANE-VU Modeling Inventory, 

Version 3.0) 

State 

Total 

Emissions 

from all 

sources of 

PM2.5

(tons/year) 

Total Area 

Source 

Emissions 

PM2.5 

(tons/year)1

Total 

Construction 

Emissions 

PM2.5 

(tons/year) 

Construction 

Emissions 

as a % of 

Area 

Sources 

Emissions 

Construction 

Emissions 

as a % of 

Total 

Inventory 

Connecticut 18365.9 14247.3 932.7 6.5 5.1

Delaware 8210.2 3203.6 268.6 8.4 3.3

District of 

Columbia 1388.8 804.8 156.9 19.5 11.3

Maine 40824.9 32773.7 373.4 1.1 0.9

Maryland 38929.7 27318.3 2835.1 10.4 7.3

Massachusetts 51864.4 42067.5 2530.8 6.0 4.9

New Hampshire 21996.8 17532.0 352.9 2.0 1.6

New Jersey 31595.3 19349.6 88.3 0.5 0.3

New York 108952.6 87154.2 7039.8 8.1 6.5

Pennsylvania 108811.6 74924.7 7694.7 10.3 7.1

Rhode Island 2901.3 2064.2 301.8 14.6 10.4

Vermont 12300.3 11064.5 264.5 2.4 2.2

MANE-VU 446142.0 332504.5 22839.4 7.5 5.1

1 SCC 23110xxxx 

Table 2: 2002 PM10 emissions from construction activities (Data Source: 2002 MANE-VU Modeling Inventory, 

version 3.0) 

State 

Total 

Emissions 

from all 

sources of 

PM10

(tons/year) 

Total Area 

Source 

Emissions 

PM10 

(tons/year)1

Total 

Construction 

Emissions 

PM10 

(tons/year) 

Construction 

Emissions 

as a % of 

Area Source 

Emissions 

Construction 

Emissions 

as a % of 

Total 

Inventory 

Connecticut 53430.1 48280.7 9327.4 19.3 17.5

Delaware 18857.7 13038.6 2712.1 20.8 14.4

District of 

Columbia 3962.6 3269.2 784.3 24.0 19.8

Maine 178918.5 168953.4 3733.8 2.2 2.1

Maryland 112193.1 95060.2 28350.7 29.8 25.3

Massachusetts 205629.6 192838.7 25306.1 13.1 12.3

New Hampshire 48531.8 43328.1 3529.2 8.1 7.3

New Jersey 76893.3 61600.9 882.8 1.4 1.1

New York 398048.9 369594.6 70397.9 19.0 17.7

Pennsylvania 449572.9 391896.9 76946.6 19.6 17.1

Rhode Island 9439.7 8294.6 3018.0 36.4 32.0

Vermont 57633.7 56130.6 2645.1 4.7 4.6

MANE-VU 1613112.0 1452286.6 227634.0 16.6 14.3 1 SCC 23110xxxx 

 
Draft: October 20, 2006 

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Table 3: 2002 PM2.5 emissions from diesel emissions (Data Source: 2002 MANE-VU Modeling Inventory, Version 

3.0) 

State 

Total 

Emissions 

from All 

Sources 

PM2.5 

(tons/year) 

Total 

Nonroad 

Source 

Emissions 

PM2.5 

(tons/year) 

Total OffHighway 

Diesel 

Emissions 

PM2.5

(tons/year)1

Construction 

Emissions 

as a % of 

Nonroad 

Source 

Emissions 

Construction 

Emissions 

as a % of 

Total 

Inventory 

Connecticut 18365.9 1793.9 582.5 32.5 3.2

Delaware 8210.2 925.6 215.3 23.3 2.6

District of 

Columbia 1612.8 298.7 235.9 79.0 14.6

Maine 40824.9 1329.4 261.8 19.7 0.6

Maryland 38929.7 4357.1 1161.6 26.7 3.0

Massachusetts 51864.4 3226.4 1032.0 32.0 2.0

New Hampshire 21996.8 965.4 268.0 27.8 1.2

New Jersey 31595.3 4997.2 1437.4 28.8 4.5

New York 108952.6 8820.9 2556.2 29.0 2.3

Pennsylvania 108811.6 8440.1 1862.7 22.1 1.7

Rhode Island 2901.3 443.1 128.7 29.0 4.4

Vermont 12300.3 485.8 109 22.4 0.9

MANE-VU 446365.9 36083.6 9851.2 27.3 2.2 1 SCC 2270002xxx 

Table 4: 2002 PM10 emissions form diesel emissions (Data Source: 2002 MANE-VU Modeling Inventory, Version 

3.0) 

State 

Total 

Emissions 

from All 

Sources 

PM10 

(tons/year) 

Total 

Nonroad 

Source 

Emissions 

PM10 

(tons/year) 

Total OffHighway 

Diesel 

Emissions 

PM10 

(tons/year)1

Construction 

Emissions 

as a % of 

Nonroad 

Source 

Emissions 

Construction 

Emissions 

as a % of 

Total 

Inventory 

Connecticut 53430.1 1952.1 633.2 32.4 1.2

Delaware 18857.7 1021.4 234.0 22.9 1.2

District of 

Columbia 6986.7 310.2 243.2 78.4 3.5

Maine 178918.5 1436.8 269.9 18.8 0.2

Maryland 112193.1 4936.0 1262.7 25.6 1.1

Massachusetts 205629.6 3531.2 1121.7 31.8 0.5

New Hampshire 48531.8 1057.8 291.3 27.5 0.6

New Jersey 76893.3 5495.1 1562.3 28.4 2.0

New York 398048.9 9605.3 2778.5 28.9 0.7

Pennsylvania 449572.9 9737.9 2024.7 20.8 0.5

Rhode Island 9439.7 500.2 139.9 28.0 1.5

Vermont 57633.7 529.9 118.5 22.4 0.2

MANE-VU 1616136.2 40113.9 10679.9 26.6 0.7 1

 SCC 2270002xxx 
Draft: October 20, 2006 

Page 5 of 13

Data on area source emissions and the total emissions for PM2.5 and PM10 are also shown in 

Tables 1 and 2. Both tables show that construction dust is a major contributor to total emissions 

of PM2.5 and especially PM10 with 5.1% and 14.3% emission contribution respectively. The 

MANE-VU states with the largest contribution to PM2.5 emissions are the District of Columbia, 

Rhode Island, Maryland, and Pennsylvania. The MANE-VU states with the largest contribution 

to PM10 emissions are the Rhode Island, Maryland, and the District of Columbia. 

Data on off-highway and nonroad diesel emissions sources for PM2.5 and 10 are also shown in 

Tables 3 and 4. These tables show that diesel emissions do not contribute significantly to PM2.5

and PM10 emissions with 2.2% and 0.7% respectively. However, they do make a contribution to 

PM emissions. According to Table 3, the District of Columbia, New Jersey, and Pennsylvania 

contribute the most to PM2.5 diesel emissions of all the MANE-VU states. The District of 

Columbia, New Jersey, and Rhode Island contribute the most to PM10 diesel emissions in 

MANE-VU states as seen in Table 4. Construction emissions are a large percentage of the total 

PM inventory in urban areas, for example in the District of Columbia has the highest percentage 

of construction emissions as a percentage of nonroad source emissions and the total inventory. 

It should be noted that “a fugitive dust transport fraction” is applied to emissions numbers for 

construction activities to account for dust settling out of the air close to the sources. This 

application essentially reduces fugitive dust emissions to approximately one-fourth of the 

emissions values before they are used in photochemical transport models. As a result of this 

application, photochemical models produce more consistent results with ambient air quality 

monitoring data. In addition, the EPA has recently recommended that a new emissions factor be 

used in determining fugitive dust emissions from construction activities. MANE-VU States have 

agreed to use the new emissions factor, and, as a result, the values for PM2.5 and PM10 emissions 

from construction activities are significantly lower in Version 3.0 of the 2002 MANE-VU 

Modeling Inventory, compared to Version 2.0 of the 2002 MANE-VU Modeling Inventory. 
Draft: October 20, 2006 

Page 6 of 13

4. Ambient Air Quality Monitoring Data 

The Northeast States for Coordinated Air Use Management (NESCAUM), on behalf of MANEVU, analyzed ambient air quality data from the Interagency Monitoring of Protected Visual 

Environments (IMPROVE) network in several areas within and near Class I Areas in the 

Northeast and Mid-Atlantic Region. Figure 1 shows the relative contributions of sulfate, nitrate, 

organic carbon, crustal material, elemental carbon, and Rayleigh scattering to visibility 

impairment on the 20% clearest and 20% haziest days in 1999. Construction activities contribute 

only a fraction to the crustal material emissions that were measured and diesel emissions from 

construction sites contribute to elemental carbon, nitrate, and organic carbon. 

Figure 1: Speciated contribution to total atmospheric light extinction in or near Class I Areas in the Northeast and 

Mid-Atlantic states on 20 percent of days with the worst (left bar) and best (right bar) visibility conditions during 

1999. (Source: Technical Memorandum #1: Updated Statistics for the MANE-VU Region, prepared by the 

Northeast States for Coordinated Air Use Management, on behalf of MANE-VU in February 2002. The 

memorandum is available online at http://bronze.nescaum.org/regionalhaze/memoranda/Memo1-VisData.pdf.) 

On the 20% haziest days in 1999, sulfate was the greatest contributor to visibility impairment at 

all of the sites analyzed, and sulfate and Rayleigh scattering were the largest contributors on the 

20% clearest days in 1999. Crustal material, including dust from construction activities and 

other sources of dust, was only a minor contributor to haze on the 20% clearest and haziest days 

in 1999. 
Draft: October 20, 2006 

Page 7 of 13

Data from the IMPROVE monitoring network has also been analyzed to estimate the 

contribution of soil dust to PM2.5 concentrations across the nation. Figure 2 shows the results of 

an analysis on 2001 IMPROVE data. 

Figure 2: Annual Soil Fraction of Fine Particle Mass (2001). (Source: “Spatial and Seasonal Patterns in Speciated 

Fine Particle Concentration in the Rural United States,” a presentation by Bret Schichtel of the National Park 

Service and William Malm, Marc Pitchford, Lowell Ashbaugh, Robert Eldred, and Rodger Ames, made available 

online by IMPROVE at http://vista.cira.colostate.edu/improve/Publications/GrayLit/gray_literature.htm.) 

According to IMPROVE results, whereas soil dust contributes more than 50% of the PM2.5 mass 

in parts of the western United States, dust contributes less than 10% in the Mid-Atlantic and 

Northeast Regions of the United States. Construction activities are not the only sources of 

construction dust in the Region. Other sources of fugitive dust, such as dust from paved and 

unpaved roads and agricultural tilling practices, are also significant sources. Since construction 

dust only partially comprises the total dust component and since soil dust is not a large 

contributor to ambient PM2.5 concentrations, dust from construction activities is unlikely a large 

component of PM2.5 concentrations measured in MANE-VU Class I Areas. These results 

confirm the NESCAUM findings that dust is not a major contributor to haze in the Region. 
Draft: October 20, 2006 

Page 8 of 13

5. Potential Available Control Measures 

There are several control options for reducing dust and diesel emissions from construction 

activities. The most common methods for controlling dust emissions include watering surface 

materials and minimizing surface wind speed using windbreaks or source enclosures. Chemicals 

can also be used to stabilize surface materials, but these methods can be expensive and/or have 

adverse ecological effects. Dust minimization techniques used when hauling dirt include 

covering trucks and rapidly cleaning up spillage. Early paving of permanent roads can also help 

control dust during certain construction activities. In the case of reducing diesel emissions, four 

options have been utilized with success. The use of cleaner fuels (e.g., low sulfur, emulsified 

diesel), the installation of exhaust controls (e.g., diesel oxidation catalysts), placing limitations 

on the time and location of idling machines, and assuring that heavy duty vehicles comply with 

state regulations (e.g., smoke standards). 

6. Existing Regulations 

Most MANE-VU states and the District of Columbia have regulations in place to control dust 

emissions from construction activities that are relevant to regional haze and certain MANE-VU 

states have regulations in place to control diesel emissions. MARAMA requested information 

regarding state control measures, and received responses from every MANE-VU state and the 

District of Columbia. The following descriptions of state regulations incorporate the information 

provided by Connecticut (Michael Geigert and Merrily Gere), Delaware (Jack Sipple), the 

District of Columbia (Rama Tangirala), Maine (Jeff Crawford), Maryland (Brian Hug), 

Massachusetts (Ken Santlal and Eileen Hiney), New Hampshire (Andy Bodnarik), New Jersey 

(Ray Papalski), New York (John Kent), Pennsylvania (Nancy Herb), Rhode Island (Ted Burns), 

and Vermont (Paul Wishinski). The following descriptions are provided as background 

information and are not intended to incorporate any regulations, policies, programs or projects 

into the State Implementation Plan. 

6.1 Connecticut 

Section 22a-174-18 of the Regulations of Connecticut State Agencies, “Control of particulate 

matter and visible emissions,” addresses the control of airborne particulate matter and fugitive 

particulate matter in subsections (c) and (d). These regulations, which include dust control 

measures and visible emissions from diesel powered mobile sources, apply to road building and 

construction activities. Regulations are available online at 

http://www.dep.state.ct.us/air2/regs/mainregs.htm. 

Two additional emissions control programs related to construction activities are currently 

underway in Connecticut. First, the Connecticut Clean Air Construction Initiative is a 10-year 

pilot project designed to reduce idling and operational emissions from construction equipment 

used to complete the I-95 New Haven Harbor Crossing Improvement Project also called the Q 

Bridge Project. Retrofits and idling restrictions for this project are required as part of contract 

specifications with the Connecticut Department of Transportation (CTDOT). Diesel retrofits and 

idling restrictions for construction vehicles were also written into a special act called the 

Connecticut Clean Diesel Plan by the Connecticut Department of Environmental Protection 

(CTDEP). The CTDEP hopes to work with CTDOT to expand this program to all state road 

construction projects. Currently, 150 diesel powered construction machines have been retrofits 

with oxidation catalysts and by the projects completion 200 machines will be retrofitted. 
Draft: October 20, 2006 

Page 9 of 13

Second, a PM10 limited maintenance plan for the City of New Haven was approved by EPA. 

The plan includes some contingency measures that apply to New Haven under a state order. The 

measures focus on street paving and sweeping. 

The Connecticut Department of Transportation has implemented diesel vehicle emission controls 

that Contractors and Sub-contractors are obligated to follow. Any non-road construction 

equipment with engine horsepower (HP) rating of 60 HP and above that are assigned to a 

contract for a period in excess of 30 consecutive calendar days must be retrofitted with Emission 

Control Devices and/or use Clean Fuels in order to reduce diesel emissions. Contractors must 

submit a certified list of non-road diesel powered construction equipment what will be retrofitted 

with emission control devices and/or use Clean Fuel and include the addition or deletion of nonroad diesel equipment. The list has three parts and a monthly report must also be submitted by 

the contractor updating the above stated information. If these rules are not followed the 

contractor will be issued a Non-Compliance and given 24 hours to bring the equipment into 

compliance or removed it from the project. If the contractor still does not comply further and 

more extreme actions will be taken. For further information on this project contact the 

Connecticut Department of Transportation, regarding the I-95 New Haven Harbor Crossing 

Corridor Improvement Program. 

Connecticut has regulations in place to control fugitive emissions from construction. In Section 

22a-174-18(c) of regulations from the Department of Environmental Protection state that, “No 

person shall cause or allow the emission of visible particulate matter beyond the legal boundary 

of the property on which such emission occurs that either diminishes the health, safety or 

enjoyment of people using a building or structure located beyond the property boundary...No 

person shall emit particulate matter into the ambient air in such a manner as to cause a nuisance.” 

The regulations also place strict controls on the type and amount of visible particulate matter that 

can be released by the owner or operator of the equipment. These regulations are available online 

at: http://www.dep.state.ct.us/air2/regs/mainregs/sec18.pdf

6.2 Delaware 

Delaware Air Quality Management (AQM) Regulation 6, “Particulate Emissions from 

Construction and Materials Handling,” addresses control measures for particulate emissions from 

construction and materials handling operations to minimize air pollution. This regulation is 

available online at http://www.dnrec.state.de.us/air/aqm_page/docs/pdf/reg_6.pdf. 

Delaware has no regulations or laws to control emissions from diesel equipment at construction 

sites. 
Draft: October 20, 2006 

Page 10 of 13

6.3 District of Columbia 

Chapter 6 of the Title 20 D.C. Municipal Regulations (20 DCMR), addresses control measures 

for particulate matter. Section 605 of 20 DCMR "Control of Fugitive Dust" specifically 

addresses the fugitive dust control measures that apply to roads, parking lots, vehicles 

transporting dusty materials, loading & unloading and demolition of buildings activities. 

Additionally, Section 903 of the Title 20 DCMR addresses odorous or other nuisance air 

pollutants. 

There are no regulations or laws in place to control emissions from diesel at construction sites in 

Washington D.C. However, there are restriction on the use of heavy duty diesel engines 

produced for the 2005 and 2006 model years and heavy duty vehicles containing these engines. 

These vehicles are not allowed to be registered in the District of Columbia without the applicant 

presenting documentation that the California Air Resources Board has issued an Executive Order 

for the vehicle or engine certifying that it complies with the applicable exhaust emission 

standards under the California Code of Regulations. The emission standards for these engines are 

referenced to CARB Title 13, section 1956.8 which are available online at 

http://www.calregs.com/linkedslice/default.asp?SP=CCR-1000&Action=Welcome. 

6.4 Maine 

The Department of Environmental Protection (DEP) Regulations Chapter 101, “Visible 

Emissions,” establishes opacity limitations for emissions from several categories of air 

contaminant sources, including fugitive emissions. DEP Regs Chapter 101 can be applied to 

construction activities and is available online at 

http://www.maine.gov/sos/cec/rules/06/096/096c101.doc

Maine has no regulations or laws to control emissions from diesel equipment at construction 

sites. 

6.5 Maryland 

COMAR 26.11.06.03D addresses “Particulate Matter from Materials Handling and 

Construction.” This regulation, available online at 

http://www.dsd.state.md.us/comar/26/26.11.06.03.htm, states that during construction activities 

there must be “reasonable precautions to prevent particulate matter from becoming airborne” and 

lists possible control measures. 

Maryland has no regulations or laws to control emissions from diesel equipment at construction 

sites. 

 
Draft: October 20, 2006 

Page 11 of 13

6.6 Massachusetts 

Control measures to mitigate the emission of particulate matter from construction activities are 

included in the Massachusetts Department of Environmental Protection Air Pollution Patrol 

regulations. According to regulation 310 CMR 7.09, “No person having control of any dust or 

odor generating operations such as construction work shall permit emissions therefrom which 

cause or contribute to air pollution,” and written notification to the Department is required ten 

working days prior to the initiation of construction. 

According to regulation 310 CMR 7.06, “No person shall cause, suffer, allow, or permit 

excessive emission of visible air contaminants, other than water, from a diesel engine.” In 

addition regulation 310 CMR 7.11 states that, “All motor vehicles registered in the 

Commonwealth shall comply with pertinent regulations of the Registry of Motor Vehicles 

relative to exhaust and sound emissions.” 

Regulation 310 CMR 7.06, 7.09 and 7.11 are available online at 

http://www.mass.gov/dep/air/laws/7b.htm#09

6.7 New Hampshire 

Fugitive dust control measures for construction activities are included in CHAPTER Env-A 

1000, “Prevention, Abatement, and Control of Open Source Air Pollution,” PART Env-A 1002, 

“Fugitive Dust.” Subsection Env-A 1002.04, “Precautions to Prevent, Abate, and Control 

Fugitive Dust,” lists potential dust control measures and is available online at 

http://www.gencourt.state.nh.us/rules/env-a1000.html.

New Hampshire has no regulations or laws to control emissions from diesel equipment at 

construction sites. 

6.8 New Jersey 

Fugitive emissions are regulated under the New Jersey Administrative Code, Title 7, Chapter 27, 

Subchapter 8 (NJAC 7:27-8 et seq.); Permits and Certificates, available on-line at 

http://www.state.nj.us/dep/aqm/rules.htm. Dust control measures for construction are not 

specifically mentioned. Any off-site impacts from construction activities are also prevented by 

NJAC 7-27-5 et seq. - Prohibition of Air Pollution that prevents any activity from being 

injurious to human health or welfare at any off-site location. 

New Jersey has recently passed the Diesel Retrofit Law which is expected to reduce particulate 

emissions from some equipment that will be used in municipal construction or maintenance 

projects. The 2005 diesel retrofit law regulates publicly-owned off-road equipment in New 

Jersey by requiring retrofitting with exhaust particulate emissions control systems. The 

Department of Environmental Protection is charged with designating Best Available Retrofit 

Technology and defining specific types of equipment to be retrofitted. The law limits the choices 

of BART to those verified under the EPA and CARB diesel emissions control strategy 

verification programs. A constitutionally dedicated portion of the State Corporate Business Tax 

serves as the funding source to reimburse the retrofit costs. 
Draft: October 20, 2006 

Page 12 of 13

6.9 New York 

The New York State Department of Environmental Conservation Rules and Regulations Part 

211, “General Prohibitions” includes a clause that places limits on particulate emissions, 211.3, 

“Visible emissions limited.” The regulation is available online at 

http://www.dec.state.ny.us/website/regs/part211.html

In addition, the New York State Department of Transportation (NYSDOT) Environmental 

Procedures Manual Chapter 1.1 Section 15, “Construction Related Air Quality Impacts,” 

addresses air quality issues associated with construction activities and includes possible control 

measures. This manual is available online at http://www.dot.state.ny.us/eab/epm.html. 

New York has no regulations or laws to control emissions from diesel equipment at construction 

sites. 

6.10 Pennsylvania 

25 PA Code, Chapter 123, Sections 123.1, “Prohibition of certain fugitive emissions,” and 123.2, 

“Fugitive particulate matter,” regulate emissions from construction and other related activities. 

These regulations were adopted on September 10, 1971 and have been “SIP approved.” These 

regulations are available online at 

http://www.pacode.com/secure/data/025/chapter123/s123.1.html and 

http://www.pacode.com/secure/data/025/chapter123/s123.2.html. 

Pennsylvania does not have regulations to control emissions from diesel equipment at 

construction sites. However, permits are required for the operation of diesel and nonroad 

engines. Section 2 of the both the General Plan Approval And/Or General Operating Permit 

(BAQ-GPA/GP 9) and the General Plan Approval And/Or General Operating Permit (BAQGPA/GP 11), states that nonroad and diesel engines must have the best available technology 

(BAT) installed and in operation and compliance so that the diesel engine is in compliance with 

regulated emissions standards. Both General Permits (GPs) require the permittee to maintain 

accurate records of the amount of time the engine is in operation per month, including the 

amount of fuel used for each unit. GP 9 is more specific about the emissions limits for diesel 

engines and these are different depending on when construction commenced and the location of 

the construction. GP 9 and GP11 are available online at 

http://www.dep.state.pa.us/dep/deputate/airwaste/aq/permits/gp.htm.

6.11 Rhode Island 

The RI Department of Environmental Management Air Pollution Control Regulation No. 5, 

“Fugitive Dust,” regulates fugitive dust generated by numerous operations that include 

construction activities. The regulation is available online at 

http://www.dem.ri.gov/pubs/regs/regs/air/air05_96.pdf. 

Rhode Island has no regulations or laws to control emissions from diesel equipment at 

construction sites. 
Draft: October 20, 2006 

Page 13 of 13

6.12 Vermont 

Regulation 5-231 (4) in Vermont’s Air Pollution Control Regulations addresses fugitive 

particulate matter emissions. The regulation states that reasonable precautions must be taken to 

prevent particulate matter from becoming airborne during the construction of buildings and nonpublic roads and the handling, transport, and storage of materials. This regulation is available 

online at http://www.anr.state.vt.us/air/docs/apcregs.pdf. 

In addition to this rule, most of Vermont’s new source permits include references to fugitive 

emissions. New source permits typically include language such as, “The Permittee shall take 

reasonable precautions at all times to control and minimize emissions of fugitive particulate 

matter from operations at the Facility,” and list possible control measures. 

Vermont has no regulations or laws to control emissions from diesel equipment at construction 

sites. 

7. Conclusions 

The following statements summarize the main points of this technical support document. 

• Although a temporary source, fugitive dust and diesel emissions from construction 

activities can have an affect on local air quality. 

• While construction activities are responsible for a relatively large fraction of direct PM2.5

and PM10 emissions in the Region, the impact on visibility is less because dust settles out 

of the air relatively close to the sources. 

• Ambient air quality data shows that soil dust makes up only a minor fraction of the PM2.5

measured in MANE-VU Class I Areas, and impacts of diesel emissions in these rural 

areas are also a small part of total PM2.5. 

• The use of measures such as clean fuels, retrofit technology, best available technology, 

specialized permits, and truck staging areas (to limit the adverse impacts of idling) can 

help decrease the effects of diesel emissions on local air quality. 

• MANE-VU States have rules in place to mitigate potential impacts of construction on 

visibility in Class I Areas.