**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

AUTHORI TY: 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.Page 1 of 3

**RHODE ISLAND DEPARTMENT OF ENV IRONMENTAL MANAGEMENT**  **OFFICE OF AIR RESOURCES**  **AIR POLLUTION CONTROL REGULATION NO. 5**

**FUGITIVE DUST 5.1**  **Definitions** Unless otherwise expressly defined in this section, the terms used in this regulation shall be defined by

reference to the Rhode I sland Air Pollution Control General Definitions Regulation. **5.2 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 building s, 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 t hat are not regulated by

the requirements of Air Pollution Control Regulation No. 24 entitled, "Removal of L ead 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, b y the sanding and/or salting of roadways, or by other means; (g) Commercial mining and/or quarry ing operations including the construction, maintenance, and operation of a commercial mining and/or quarry ingPage 2 of 3 facility , as well as activities which involve t he 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. **5.3 Requirements**  No person shall cause or permit any materials, includi ng 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 t o travel bey ond 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 s hall be other reasonable fugitive dust prevention measures as determined by the Director. **5.4 General Provisions**  5.4.1 Purpose The purpose of this regulation is to limit the release of fugitive dust. 5.4.2 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 5.4.3 Application The terms and provisions of this regulation shall be libe rally construed to permit the Department to effectuate the purposes of state law, goals and policies. 5.4.4 Severability If any provision of this regulation or the application thereof to any person or circumstance, is held invalid by a court of competent juris diction, the validity of the remainder of the regulation shall not be affected thereby .Page 3 of 3 5.4.5 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) day s thereafter, in accordance with the provisions of Chapters 23 - 23, 42 - 35, 42 - 17.1, 42 - 17.6, of the General Laws of Rhode I sland 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**