Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-17 - Particulate Matter Standards › Section 3745-17-08 - Restriction of emission of fugitive dust

Current through all
			 regulations passed and filed through July 1, 2024
[Comment: For dates and availability of non-regulatory
				government publications, publications of recognized organizations and
				associations, federal rules, and federal statutory provisions referenced in
				this rule, see paragraph 
								(AA) of rule
				3745-17-01 of the Administrative
				Code titled "referenced materials."]
(A) Applicability:
(1) Except as otherwise specified in
			 paragraph (A)(3) of this rule, paragraph (B) of this rule shall apply to any
			 fugitive dust source which is located within the areas identified in appendix A
			 to this rule. Except as additional time for achieving compliance is provided in
			 paragraph (B) of rule
			 3745-17-04 of the Administrative
			 Code, any such source shall comply with paragraph (B) of this rule by August 7,
			 1972 or the date of initial startup of the source, whichever is
			 later.
(2) Notwithstanding the
			 exemptions in paragraph (A)(3) of this rule, paragraph (B) of this rule shall
			 apply to any fugitive dust source regardless of location if, in the director's
			 judgment, probable cause exists to believe that such source is causing or
			 contributing to a violation of rule
			 3745-15-07 of the Administrative
			 Code. In such cases, the director may require the owner or operator of the
			 fugitive dust source to apply for and obtain an operating permit in accordance
			 with Chapter
			 3745-77 of the Administrative
			 Code (for sources subject to the Title V permit program) or an a
			 permit-to-install and operate in accordance with Chapter 3745-31 of the
			 Administrative Code (for sources not subject to the Title V permit program), or
			 require the owner or operator to submit and implement a control program which
			 will bring the fugitive dust source into compliance with paragraph (B) of this
			 rule as expeditiously as practicable.
[Comment: Applications requiring submittal prior to June 30,
				2008, for sources not subject to the Title V program, were to be submitted in
				accordance with now rescinded Chapter 3745-35 of the Administrative
				Code.]
(3) Paragraph (B) of
			 this rule shall not apply to:
(a) Any fugitive
			 dust source which is located at a grain elevator having a permanent storage
			 capacity of less than 2.5 million bushels.
(b) [Reserved.]
(c) Fugitive dust generated from publicly
			 owned roadways and parking lots, provided the fugitive dust is not directly
			 caused by the deposition of materials due to industrial, commercial, or
			 construction activities.
(d)
			 Fugitive dust generated from the tilling and wind erosion of farm
			 land.
(e)
										
										Fugitive dust
			 generated from any roadway or parking area at the "JSW
			 Steel USA Ohio"
										 or any subsequent owner or operator of the
			 
										"JSW Steel USA Ohio"
										
										facility
			 located at  540 Commercial
			 
										avenue,
			 Mingo Junction, Ohio (OEPA premise number 0641090010).
(f) Fugitive dust generated from residential
			 wood burning appliances and pellet stoves.
(4) An air contaminant source can be subject
			 to both rule
			 3745-17-11 of the Administrative
			 Code and this rule if it is a fugitive dust source, as defined in paragraph
			 
									(F)(5) of
			 3745-17-01 of the Administrative Code, and also emits, by means of one or more
			 stacks, particulate matter that is subject to a limitation in rule
			 3745-17-11 of the Administrative
			 Code.