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.
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RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL 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 Island 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 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 
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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.

5.3 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. 

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 liberally 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 jurisdiction, the 

validity of the remainder of the regulation shall not be affected thereby.
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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) 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