OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 1 of 7

COALEX STATE COMPARISON REPORT - 237 

December 1992

Paul J. Ehret, Deputy Director 

Department of Natural Resources

Executive Office

402 W. Washington Street, Room W256 

Indianapolis, Indiana 46204 

TOPIC: FUGITIVE DUST EMISSION REGULATIONS

INQUIRY: Indiana is considering revisions to its rules regulating fugitive dust emissions from 

surface coal mines. The state is particularly interested in fugitive dust emissions as a health, not a 

reclamation, problem. Please conduct a survey of IMCC members, requesting the following 

information: 

1. Which agency in your state enforces fugitive dust regulations? Is it the same agency that 

enforces SMCRA regulations? 

2. Do fugitive dust emission regulations for surface coal mining operations differ from the 

regulations for other industries? if yes, how do they differ? 

3. Please send a copy of the state's fugitive dust regulations; include numeric and narrative 

management plans.

SEARCH RESULTS: Twelve IMCC member states, including two non-coal states, responded 

to the questionnaire. The responses follow. Copies of the state regulations are attached for nine 

states. The names and numbers of appropriate state contacts are provided for Kentucky and 

North Carolina. Virginia will send its air pollution control regulations under separate cover. 

RESULTS OF THE SURVEY

ALABAMA

Emissions Same Agency Coal vs Regulations

Enforcement Agency Enforces SMCRA? Non-Coal Attached

Emission 

Regulations

Alabama Department of SMCRA regulations are the Regulations 22-22A-5(3) and 

Environmental responsibility of the Alabama are the same 22-28-14 of the 

Management (ADEM). Surface Mining Commission. in similar Code of Alabama, 

industries - 1975 (Air Pollution 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 2 of 7

335-3-4-.02 Control Act) and 

Fugitive authorized 

Emissions regulations passed 

and 335-3- by ADEM.

1-.08 

(Protection 

of Air 

Pollution) 

of ADEM 

regulations 

cover these 

type of 

emissions.

ARKANSAS

Emissions Same Coal vs Non-Coal Regulations

Enforcement Agency Agency

Enforces 

SMCRA? 

Emission Regulations Attached

There are three state divisions 

that have authority over 

fugitive dust: Arkansas 

Department of Pollution 

Control and Ecology's 

Surface Mining Division 

(SMRD) and Air Division, 

and the Arkansas Department 

of Labor's Mine Inspection 

Division. 

SMRD 

enforces 

SMCRA. 

SMRD's regulations are coal 

specific and pertain to 

reclamation. Air Division's 

regulations are for protection of 

health and are related to coal and 

non-coal operations. Air permits 

are required for such activities as 

crushing and screening facilities 

on any type of mining operations. 

There is no difference from the 

standpoint of the Air Division and 

the Mine Inspection Division.

Arkansas Air 

Pollution 

Control Code. 

ILLINOIS

Emissions Same Coal vs Non-Coal Regulations 

Enforcement Agency Agency Emission Regulations Attached

Enforces 

SMCRA? 

Dual enforcement: Illinois No. IDMM Regulations differ, not 62 Ill Adm Code 

Department of Mines and enforces sure what IEPA's 1780.15 and 

Minerals (IDMM) and Illinois SMCRA. regulations are. See 1816.95. 

Environmental Protection attached letter from 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 3 of 7

Agency (IEPA). IEPA.

INDIANA

Emissions 

Enforcement 

Agency 

Same Agency 

Enforces 

SMCRA? 

Coal vs Non-Coal

Emission Regulations 

Regulations

Attached

Indiana 

Department of 

Environmental 

Management.

No. Indiana 

Department of 

Natural Resources 

enforces SMCRA.

Regulations do not differ, except 

the Division of Reclamation 

appears to have authority to 

regulate dust from coal mining 

operations to the extent that the 

dust damaged public or private 

property.

326 IAC 6-4 

Fugitive Dust 

Emissions [Air 

Pollution 

Control Board 

Particulate 

Rules].

KENTUCKY

Emissions 

Enforcement 

Agency 

Same Agency 

Enforces SMCRA? 

Coal vs NonCoal 

Emission 

Regulations

Regulations 

Attached

Department for 

Environmental 

Protection, 

Division of Air 

Quality

No. The Department for Surface Mining 

Reclamation and Enforcement enforces 

SMCRA. The Div. of Air Quality is the 

primary agency with jurisdiction over 

air quality in Kentucky. The Dept. for 

Surface Mining Reclamation and 

Enforcement has overlapping authority 

on surface mining operations, 

particularly regarding coal processing 

plants. 

Contact Div. 

of Air 

Quality 

SMCRA 

permitting 

requirements: 

405 KAR 

8:030, Sec. 35; 

405 KAR 

8:040, Sec. 35 

& SMCRA 

performance 

standards: 405 

KAR 16:170; 

405 KAR 

18:170 

For additional 

information 

contact: 

John G. 

Hornback, 

Director, 

Division of Air 

Quality

316 St. Clair 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 4 of 7

Street

Frankfort, KY 

40601 

(502) 564-3382 

MISSOURI

Emissions Same Agency Coal vs Non-Coal Regulations

Enforcement Agency Enforces Emission Attached

SMCRA? Regulations

Missouri Department of Yes. Same Regulations for coal 10 CSR 10-6.170 

Natural Resources, Air Department. and non-coal do not Restriction of 

Pollution Control Program differ. Particulate Matter to 

the Ambient Air 

Beyond the Premises 

of Origin [Air 

Conservation 

Commission].

NORTH CAROLINA [Non-Coal Only]

Emissions

Enforcement Agency 

Same 

Agency 

Enforces 

SMCRA? 

Coal vs 

Non-Coal 

Emission 

Regulations

Regulations Attached

North Carolina Division of 

Environmental Management, Air Quality 

Section.

N/A N/A For copy of regulations 

contact:

Mr. Dale Overcash

(919) 733-3340 

OHIO

Emissions 

Enforcement Agency 

Same Agency 

Enforces 

SMCRA? 

Coal vs Non-Coal 

Emission Regulations 

Regulations 

Attached

Ohio Environmental 

Protection Agency 

No. Division of Reclamation 

enforces fugitive dust 

regulations resulting from 

erosion. Unsure what the 

EPA's regulations are.

OAC 1501:13-4-

05(o) Air 

Pollution 

Control Plan. 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 5 of 7

PENNSYLVANIA

Emissions Same Coal vs Non-Coal Regulations

Enforcement Agency Agency 

Enforces 

SMCRA? 

Emission Regulations Attached

Pennsylvania 

Department of 

Environmental 

Resources. 

Yes. Fugitive dust regulations for 

surface coal mining operations are 

the same as for the non-coal 

mining industry. 

77.575 Air 

Resources 

Protection 

regulations for noncoal; 87.137 Air 

Resources 

Protection 

regulations for coal 

mining; Chapters 

121.123, 127 and 

129, referenced in 

those sections.

SOUTH CAROLINA [Non-Coal Only]

Emissions

Enforcement Agency 

Same 

Agency 

Enforces 

SMCRA? 

Coal vs 

Non-Coal 

Emission 

Regulations

Regulations 

Attached

South Carolina Department of Health and 

Environmental Control, Bureau of Air Quality 

Control. Under the South Carolina Mining Act, the 

South Carolina Land Resources Commission 

enforces general fugitive dust control requirements 

(not standards).

N/A N/A None.

VIRGINIA

Emissions Same Agency Coal vs Non-Coal Regulations 

Enforcement Agency Enforces Emission Regulations Attached. 

SMCRA? 

Virginia Air Pollution No. Department Air Pollution Control Board VA.CSMRR 

Control Board is of Mines, regulations are general in nature 480-03-

primary agency Minerals and and cover about all fugitive dust 19.816.95(a) 

responsible for air Energy enforces situations. In regard to mining All exposed 

pollution regulations. SMCRA. operations, only preparation surface areas 

plants are controlled under shall be 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 6 of 7

permit. protected and 

stabilized to 

effectively 

control erosion 

and air 

pollution 

attendant to 

erosion.

WEST VIRGINIA

Emissions 

Enforcement Agency 

Same Agency 

Enforces SMCRA? 

Coal vs 

Non-Coal 

Emission 

Regulations

Regulations 

Attached

West Virginia Division of 

Environmental Protection 

(WVDEP), Office of Air Quality, 

enforces emission (numeric) 

standards.

WVDEP, OMR enforces 

WV SMCRA and its 

fugitive dust [from 

surface mining] 

provisions.

No. 38-2-4.8(a)(1) 

ATTACHMENTS

A. ALABAMA 

1. 22-22A-5(3) and 22-28-14 of the Code of Alabama, 1975 (Air Pollution Control 

Act) and authorized regulations passed by ADEM. 

B. ARKANSAS 

1. Arkansas Air Pollution Control Code. 

C. ILLINOIS 

1. 62 Ill Adm Code 1780.15 and 1816.95. 

2. Letter from IEPA to IDMM.

D. INDIANA 

1. 326 IAC 6-4 Fugitive Dust Emissions [Air Pollution Control Board Particulate 

Rules].

E. KENTUCKY 

1. SMCRA permitting requirements: 405 KAR 8:030, Sec. 35;405 KAR 8:040, Sec. 

35 

2. SMCRA performance standards: 405 KAR 16:170; 405 KAR 18:170 

F. MISSOURI 

1. 10 CSR 10-6.170 Restriction of Particulate Matter to the Ambient Air Beyond the 

Premises of Origin [Air Conservation Commission].

G. OHIO 

1. OAC 1501:13-4-05(o) Air Pollution Control Plan. 

H. PENNSYLVANIA 
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT

U.S. Department of the Interior

Search conducted by: Joyce Zweben Scall Page 7 of 7

1. 77.575 Air Resources Protection regulations for non-coal; 87.137 Air Resources 

Protection regulations for coal mining; Chapters 121.123, 127 and 129, referenced 

in those sections.

I. WEST VIRGINIA 

1. 38-2-4.8(a)(1)