Government Applications

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Under the Clean Air Act, the U.S. Environmental Protection Agency (EPA) has established air quality standards to protect public health and the environment. EPA has set national ambient air quality standards (NAAQS) for six primary air pollutants. These include the following fugitive dust: carbon monoxide (CO), lead (Pb), nitrogen dioxides (NO2), ozone (O3), particulate matter (PM10 and PM2.5), and sulfur dioxide (SO2).

When a physical space does not meet the air quality standard for one of the NAAQS pollutants, the space may be subject to the formal rulemaking process that designates the area as “non-attainment”.

The Clean Air Act requires states with areas failing to meet the standards of these NAAQS to produce a State Implementation Plan (SIP). A SIP is an enforceable plan developed at both the state and local levels and it explains how the area will comply with the NAAQS according to the Clean Air Act. The SIP is the cumulative record of all air pollution strategies, state statutes, state and local rules, and local ordinances implemented under Title I of the Clean Air Act by governmental agencies within the particular state.

In general, a SIP will include historical background information, a description of the nonattainment area, an assessment of air quality conditions and ambient air quality data for the area, an emissions inventory of the various sources of pollutants, control strategies, an attainment demonstration, and contingency provisions.

EPA CHAPTER 1200-3-8 Fugitive Dust (EPA CHAPTER 1200-3-8-.01 Fugitive Dust)

1.  No person shall cause, suffer, allow, or permit any materials to be handled, transported, or stored; or a building, its appurtenances, or a road to be used, constructed, altered, repaired or demolished without taking reasonable precautions to prevent particulate matter from becoming airborne. Such reasonable precautions shall include, but not be limited to, the following:

  • Use, where possible, of water or chemicals for control of dust in demolition of existing buildings or structures, construction operations, grading of roads or the clearing of land:
  • Application of asphalt, oil, water, or suitable chemicals on dirt roads, materials stock piles, and other surfaces which can create airborne dusts:
  • Installation and use of hoods, fans, and fabric filters to enclose and vent the handling of dusty materials. Adequate containment methods shall be employed during sandblasting or other similar operations.

2.  No person shall cause, suffer, allow or permit fugitive dust to be emitted in such manner to exceed five (5) minutes per hour or twenty (20) minutes per day as to produce a visible emission beyond the property line of the property on which the emission originates, excluding malfunction of equipment as provided in Chapter 1200-3-20 of EPA guidelines.

Reference: EPA CHAPTER 1200-3-8 Fugitive Dust