3745-17-08 Restriction of emission of fugitive dust.

[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see the last paragraph of rule 3745-17-01 of the Administrative Code titled"Incorporation by reference."]

(A) Applicability:

(1) Except as otherwise indicated in paragraph (A)(3) of this rule, the requirements of 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 the requirements of paragraph (B) of this rule upon the effective date of this rule.

(2) Notwithstanding the exemptions in paragraph (A)(3) of this rule, the requirements of 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 or 3745-17-02 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 a permit to operate for the source in accordance with rule 3745-35-02 of the Administrative Code, and/or require the owner or operator to submit and implement a control program which will bring the fugitive dust source into compliance with the requirements of paragraph (B) of this rule as expeditiously as practicable.

(3) The requirements of 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; and

(d) Fugitive dust generated from the tilling and wind erosion of farm land.

(e) Except as otherwise provided in paragraphs (E) and (F) of this rule, fugitive dust generated from any roadway or parking area at the "Ford Motor Company, Cleveland Casting Plant" or any subsequent owner or operator of the "Ford Motor Company, Cleveland Casting Plant" facility located at 5600 Henry Ford Boulevard, Brook Park, Ohio (OEPA premise number 1318120180) and at the "Wheeling Pittsburgh Steel Corporation" or any subsequent owner or operator of the "Wheeling Pittsburgh Steel Corporation" facilities located at South Third Street, Steubenville, Ohio (OEPA premise number 1741150011) and at McLister avenue, Mingo Junction, Ohio (OEPA premise number 1741090010).

(4) An air contaminant source can be subject to both of the requirements of rule 3745-17-11 of the Administrative Code and this rule if it is a fugitive dust source, as defined in paragraph (B)(7) 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(s) in rule 3745-17-11 of the Administrative Code.

(B) No person shall cause or permit any fugitive dust source to be operated; or any materials to be handled, transported, or stored; or a building or its appurtenances or a road to be used, constructed, altered, repaired, or demolished without taking or installing reasonably available control measures to prevent fugitive dust from becoming airborne. Such reasonably available control measures shall include, but not be limited to, one or more of the following which are appropriate to minimize or eliminate visible particulate emissions of fugitive dust:

(1) The use of water or other suitable dust suppression chemicals for the control of fugitive dust from the demolition of existing buildings or structures, construction operations, the grading of roads or the clearing of land;

(2) The periodic application of asphalt, oil (excluding any used oil as defined in paragraph (A)(12) of rule 3745-279-01 of the Administrative Code), water, or other suitable dust suppression chemicals on dirt or gravel roads and parking lots, and other surfaces which can cause emissions of fugitive dust;

(3) The installation and use of hoods, fans, and other equipment to adequately enclose, contain, capture, vent and control the fugitive dust. Such equipment shall meet the following requirements:

(a) The collection efficiency is sufficient to minimize or eliminate visible particulate emissions of fugitive dust at the point(s) of capture to the extent possible with good engineering design; and

(b) The control equipment achieves an outlet emission rate of not greater than 0.030 grain of particulate emissions per dry standard cubic foot of exhaust gases or there are no visible particulate emissions from the exhaust stack(s), whichever is less stringent;

(4) For ship loading operations at grain terminals:

(a) Except during topping-off periods or during the loading of tween-deckers or tankers, the covering of the hatches and loading spouts with tarpaulin covers, to the extent practicable, and evacuation of the hatches to control equipment which is designed to achieve an outlet emission rate of 0.030 grain of particulate emissions per dry standard cubic foot of exhaust gases; or

(b) The installation and use of control measures such as deadbox or bullet-type loading spouts which are equivalent to or better than the overall control efficiency of the measures described in paragraph (B)(4)(a) of this rule;

(5) The use of adequate containment methods during sandblasting or other similar operations;

(6) The periodic application of water or other suitable dust suppression chemicals, the installation of storage silos, bins or other enclosed structures, or the use of canvas or other suitable coverings, for all materials stockpiles and stockpiling operations, except temporary stockpiles and stockpiling operations for grain and grain products;

(7) The covering, at all times, of open bodied vehicles when transporting materials likely to become airborne;

(8) The paving of roadways and the maintaining of roadways in a clean condition; and

(9) The prompt removal, in such a manner as to minimize or prevent resuspension, of earth or other material from paved streets onto which earth or other material has been deposited by trucking or earth moving equipment or erosion by water or other means.

(C) For purposes of determining compliance with the requirements of paragraph (B) of this rule, the director shall consider a control measure to be adequate if it complies with the following:

(1) The visible particulate emission limitation(s) contained in rule 3745-17-07 of the Administrative Code;

(2) If applicable, the control requirements contained in paragraph (B) of this rule; and

(3) The definition of reasonably available control measures in paragraph (B)(17) of rule 3745-17-01 of the Administrative Code.

(D) Any owner or operator of a facility which contains a fugitive dust source and which is located within any area identified in appendix A to this rule shall submit a certification and/or application for a permit -to -operate in accordance with paragraphs (A) and (B) of rule 3745-17-04 of the Administrative Code. This paragraph shall not exempt the owner or operator of a fugitive dust source which is not located within an area identified in appendix A to this rule from the requirements of rule 3745-35-02 or 3745-77-02 of the Administrative Code.

(E) Within thirty days after January 31, 1998, the "Ford Motor Company, Cleveland Casting Plant" (OEPA premise number 1318120180) or any subsequent owner or operator of the "Ford Motor Company, Cleveland Casting Plant" located at 5600 Henry Ford Boulevard, Brook Park, Ohio shall submit a written notification to the director which indicates whether it will comply with either the work practice plan in appendix B to this rule or the visible particulate emission limitation in paragraph (B)(5) of rule 3745-17-07 of the Administrative Code and the requirements of paragraph (B)(2) of this rule for the control of fugitive dust generated from any unpaved roadway or parking area located at such facility. In such notification,"Ford Motor Company, Cleveland Casting Plant" or any subsequent owner or operator of such facility shall choose between the requirements of the work practice plan or the requirements of paragraph (B)(5) of rule 3745-17-07 of the Administrative Code and of paragraph (B)(2) of this rule. Except as otherwise provided in paragraph (F) of this rule, after submitting such written notification indicating which control requirements it will comply with,"Ford Motor Company, Cleveland Casting Plant" or any subsequent owner or operator of such facility will be subject to and shall comply with such control requirements.

(F) After selecting a control requirements option pursuant to paragraph (E) of this rule, in the event that "Ford Motor Company, Cleveland Casting Plant" or any subsequent owner or operator of the "Ford Motor Company, Cleveland Casting Plant" subsequently desires to be subject to and to comply with the other identified control requirements option identified in paragraph (E) of this rule, "Ford Motor Company, Cleveland Casting Plant" or any subsequent owner or operator of such facility may so notify the director by submitting a written notification which clearly indicates that "Ford Motor Company, Cleveland Casting Plant" or any subsequent owner or operator of such facility desires to be subject to and shall comply with the alternative control requirements option. To be effective, any such written notification shall expressly identify the specific date on which "Ford Motor Company, Cleveland Casting Plant" or any subsequent owner or operator of such facility desires to be subject to the alternative control requirements option and shall be submitted no later than thirty days prior to such date. In the event that "Ford Motor Company, Cleveland Casting Plant" or any subsequent owner or operator of such facility complies with the written notification provisions contained in this paragraph, "Ford Motor Company, Cleveland Casting Plant" or any subsequent owner or operator of such facility shall become subject to and shall comply with the alternative control requirements option as of the date specifically identified in the written notification.

Appendix A

AREAS OF THE STATE OF OHIO WHERE PARAGRAPHS (B) AND (D) OF RULE 3745-17-08OFTHEADMINISTRATIVECODE ARE APPLICABLE

COUNTY DESCRIPTION OF AREA(S)

Allen City of Lima

Ashtabula City of Ashtabula; and Ashtabula and Plymouth Townships

Belmont entire county

Butler Cities of Hamilton, Middletown and New Miami; and Fairfield, Lemon, Madison and St. Clair Townships

Carroll entire county

Clark Cities of New Carlisle and Springfield

Clinton Cities of Blanchester and Wilmington

Columbiana entire county

Coshocton Jackson Township

Cuyahoga entire county

Defiance Richland Township

Franklin City of Columbus

Gallia City of Gallipolis

Geauga Cities of Chardon and Middlefield; and Bainbridge Township

Greene City of Fairborn

Hamilton Cities of Cincinnati, Norwood, Golf Manor, Amberley, Arlington Heights, Reading, Lockland, Evendale, Sharonville, Springdale, Glendale, Woodlawn, Lincoln Heights, Wyoming, Elmwood Place and St. Bernard; and Miami, Whitewater, Delhi and Springfield Townships

Henry City of Napoleon

Jackson City of Jackson

Jefferson entire county

Lake Cities of Painesville, Willowick, Willoughby Hills, Wickliffe, Eastlake, Madison and Mentor; and Madison, Leroy and Painesville Townships

Lawrence Cities of Ironton and Coal Grove

Lorain Cities of Sheffield, Lorain, Avon and Avon Lake; and Sheffield Township

Lucas Cities of Maumee, Toledo and Oregon; and Washington and Waterville Townships

Mahoning City of Youngstown

Medina entire county

Meigs City of Racine

Miami City of Piqua; and Concord Township

Monroe entire county

Montgomery Cities of Dayton, Kettering, Miamisburg, Moraine, Oakwood, Riverside, Trotwood and West Carrollton; and Butler, Jefferson, Harrison, Mad River, Madison, Miami, Washington and Wayne Townships

Morgan Center Township

Muskingum Cities of Philo and Zanesville

Noble City of Caldwell

Portage Cities of Kent and Ravenna

Preble City of Eaton

Richland City of Mansfield; and Madison, Mifflin and Franklin Townships

Sandusky Cities of Gibsonburg and Woodville; and Jackson, Madison, Washington and Woodville Townships

Seneca City of Tiffin

Shelby City of Sidney

Stark Cities of Canton, East Canton, Louisville and Meyers Lake; and Canton, Nimishillen, Osnaburg, Perry and Plain Townships

Summit Cities of Akron, Barberton, Cuyahoga Falls and Norton; and Coventry and Franklin Townships

Trumbull Cities of Warren and Niles; and Warren Township

Washington entire county

Wood City of Perrysburg

Wyandot City of Carey; and Crawford Township

Appendix B

WORK PRACTICE PLAN FOR THE CONTROL OF FUGITIVE DUST EMISSIONS FROM UNPAVED ROADWAYS AT THE FORD MOTOR COMPANY CLEVELAND CASTING PLANT

A. Dust control program for unpaved roadways:

1. The facility shall employ the following dust control measures on all of the unpaved roadways identified in Figure I of this Appendix such that the program achieves and maintains a minimum of 75 percent control efficiency, as determined by the methodology set forth in the U.S. Environmental Protection Agency's reference document entitled Control of Open Fugitive Dust Sources (EPA-450/3-88-008), Section 3.0, "Unpaved Roads":

a. All unpaved roadways shall be treated with a dust suppressant solution, consisting of either a petroleum resin emulsion, asphalt emulsion or acrylic cement in water, and applied at a coverage dilution with water at a ratio of not more than 10 parts of water to one part of concentrate. Such treatments shall be performed in accordance with the following schedule and on a year-round basis, except as otherwise provided in Section A.1.b of this Appendix:

segmentsminimum application frequency

UR1 every four and one-half weeks

UR2, UR3 every six and one-half weeks

b. The requirements of Section A.1.a of this Appendix may be suspended during any one of the following events:

i. when the unpaved roadways are visibly wetted as a result of a precipitation of equal to or greater than one quarter inch of rainfall as measured by an on-site rain gauge or rainfall data provided by the National Weather Service at Cleveland Hopkins Airport; or

ii. when the unpaved roadways are covered with snow and/or ice.

Resumption of the treatment requirements of Section A.1.a of this Appendix shall occur within five (5) days after cessation of the above event(s).

2. Any dust suppressant spray truck used for treating unpaved roadways pursuant to Section A.1.a shall be operated and maintained in order to apply dust suppressant solution at a coverage rate of at least 0.25 gallon per square yard at the specified frequency.

3. The facility shall maintain records and submit reports concerning the dust control program in accordance with the following:

a. The following information shall be recorded on a daily basis:

i. for periods during which the treatment requirements of Section A.1.a of this Appendix have been suspended pursuant to the provisions of Section A.1.b of this Appendix:

a. the date(s) of suspension;

b. the specific treatment operations suspended;

c. the daily precipitation in inches of water and/or the presence of snow and/or ice cover, whichever is/are applicable;

ii. the date each unpaved roadway was treated;

iii. an identification of each unpaved roadway or portion thereof which was treated;

iv. an identification of the dust suppressant spray vehicle employed for the treatment;

v. the name of the operator who performed the treatment;

vi. the type of chemical dust suppressant applied to each unpaved roadway;

vii. the dilution ratio (gallons of chemical dust suppressant to gallons of water); and

viii. the amount of dust suppressant solution applied to each unpaved roadway (gallons per square yard).

b. The records collected pursuant to Section A.3.a of this Appendix shall be retained by the facility for a period of not less than three years and shall be made available to the Director or his representative upon request.

c. The facility shall submit to the Director or his representative, within five (5) days of any non-compliance with the requirements of Section (A) of this Appendix, a report which includes a detailed explanation of the cause of such noncompliance, all remedial actions required, and the date by which compliance was or will be reestablished.

B. Change to dust control programs in Section A of this Appendix:

1. The facility may petition the Ohio EPA for written approval of treatment methods, treatment schedules and procedures or reporting requirements different from those required herein. Such alternative practices must be demonstrated to the Ohio EPA and the U.S. Environmental Protection Agency to result in equivalent dust control effectiveness in accordance with the document entitled Control of Open Fugitive Dust Sources (EPA-450/3-88-008). The facility reserves the right to contest any disapproval of such petition in the appropriate judicial forum.

2. In the event that the facility certifies that the use of all or a portion of an unpaved roadway identified in Figure I of this Appendix has been discontinued, the dust suppressant solution application program for that roadway may be terminated or reduced. If the facility begins to utilize any new unpaved roadway, parking area, or other vehicular activity area not shown in Figure I of this Appendix, it shall notify the Director in the reports required pursuant to this Appendix and treat the roadway or area in accordance with the procedures contained herein.

3. The Director shall not be precluded from requiring adjustments, including increased chemical suppressant application, if on-site inspections reveal that the program contained herein does not prevent excessive visible dust entrainment and emissions from a particular roadway or surface.

4. In the event that an unpaved roadway that has been chemically treated becomes completely hardened and cemented by such treatment so as to become like a paved road as demonstrated by observation, by compaction tests and silt analyses or in the event that the facility paves any unpaved roadway or area, that roadway or area shall be treated as a paved surface and shall be subject to the requirements of paragraph (I)(1) of rule 3745-17-12 of the Administrative Code.

FIGURE I

See Figure at

http://www.registerofohio.state.oh.us/pdfs/3745/0/17/3745-17-08_PH_FF_A_APP2_20080122_0821.pdf

Effective: 02/01/2008
R.C. 119.032 review dates: 09/12/2007 and 02/01/2013
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A) , 3704.03(E)
Prior Effective Dates: 8/7/1972, 6/18/1980, 3/25/1981, 8/1/1982, 10/1/1983, 6/14/1991, 1/31/1998, 4/14/2003