401 Kar 63:010. Fugitive Emissions

Link to law: http://www.lrc.ky.gov/kar/401/063/010.htm
Published: 2015

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      401 KAR 63:010.

Fugitive emissions.



Chapter 224


KRS 224.10-100


AND CONFORMITY: KRS 224.10-100 requires the Environmental and Public Protection

Cabinet to prescribe administrative regulations for the prevention, abatement,

and control of air pollution. This administrative regulation provides for the

control of fugitive emissions.


      Section 1.

Applicability. The provisions of this administrative regulation are applicable

to each affected facility as defined in Section 2 of this administrative



      Section 2.

Definitions. Terms used in this administrative regulation not defined herein

shall have the meaning given to them in 401 KAR 50:010.

      (1) "Affected

facility" means an apparatus, operation, or road which emits or may emit

fugitive emissions provided that the fugitive emissions from such facility are

not elsewhere subject to an opacity standard within the administrative

regulations of the Division for Air Quality.

      (2) "Fugitive

emissions" means the emissions of any air contaminant into the open air

other than from a stack or air pollution control equipment exhaust.

      (3) "Open

air" means the air outside buildings, structures, and equipment.


"Classification date" means the effective date of this administrative



      Section 3. Standards

for Fugitive Emissions. (1) No person shall cause, suffer, or allow any

material to be handled, processed, transported, or stored; a building or its

appurtenances to be constructed, altered, repaired, or demolished, or a road to

be used without taking reasonable precaution to prevent particulate matter from

becoming airborne. Such reasonable precautions shall include, when applicable,

but not be limited to the following:

      (a) Use, where

possible, of water or chemicals for control of dust in the demolition of

existing buildings or structures, construction operations, the grading of roads

or the clearing of land;

      (b) Application and

maintenance of asphalt, oil, water, or suitable chemicals on roads, materials

stockpiles, and other surfaces which can create airborne dusts;

      (c) Installation and

use of hoods, fans, and fabric filters to enclose and vent the handling of

dusty materials, or the use of water sprays or other measures to suppress the

dust emissions during handling. Adequate containment methods shall be employed

during sandblasting or other similar operations;

      (d) Covering, at all

times when in motion, open bodied trucks transporting materials likely to

become airborne;

      (e) The maintenance of

paved roadways in a clean condition;

      (f) The prompt

removal of earth or other material from a paved street which earth or other

material has been transported thereto by trucking or earth moving equipment or

erosion by water.

      (2) No person shall

cause or permit the discharge of visible fugitive dust emissions beyond the lot

line of the property on which the emissions originate.

      (3) When dust,

fumes, gases, mist, odorous matter, vapors, or any combination thereof escape

from a building or equipment in such a manner and amount as to cause a nuisance

or to violate any administrative regulation, the secretary may order that the

building or equipment in which processing, handling and storage are done be

tightly closed and ventilated in such a way that all air and gases and air or

gas-borne material leaving the building or equipment are treated by removal or

destruction of air contaminants before discharge to the open air.

      (4) The provisions

of this administrative regulation shall not apply to agricultural practices,

such as tilling of land or application of fertilizers, which take place on a



      Section 4.

Additional Requirements. In addition to the requirements of Section 3 of this

administrative regulation, the following shall apply:

      (1) At all times when

in motion, open bodied trucks, operating outside company property, transporting

materials likely to become airborne shall be covered.

      (2) Agricultural

practices, such as tilling of land or application of fertilizers, which take

place on a farm shall be conducted in such a manner as to not create a nuisance

to others residing in the area. Agricultural practices are not subject to the

opacity standard.

      (3) The provisions

of Section 3(1) and (2) of this administrative regulation shall not be

applicable to temporary blasting or construction operations.

      (4) No one shall

allow earth or other material being transported by truck or earth moving

equipment to be deposited onto a paved street or roadway. (5 Ky.R. 511; Am. 6

Ky.R. 50; eff. 6-29-1979; TAm eff. 8-9-2007.)