401 KAR 63:010.
RELATES TO: KRS
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.
Applicability. The provisions of this administrative regulation are applicable
to each affected facility as defined in Section 2 of this administrative
Definitions. Terms used in this administrative regulation not defined herein
shall have the meaning given to them in 401 KAR 50:010.
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.
emissions" means the emissions of any air contaminant into the open air
other than from a stack or air pollution control equipment exhaust.
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
(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
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.
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
(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.)