Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-5-6 - Control and Prohibition of Fugitive Dust Emissions From Coal Handling Operations and Preparation Plants6.1. No person shall cause, suffer, allow or permit a coal preparation plant or handling operation to operate that is not equipped with a fugitive dust control system. This system shall be operated and maintained in such a manner as to minimize the emission of particulate matter into the open air.6.2. The owner or operator of a coal preparation plant or handling operation shall maintain dust control of the premises and owned, leased or controlled access roads by paving, or other suitable measures. Good operating practices shall be observed in relation to stockpiling, car loading, breaking, screening and general maintenance to minimize dust generation and atmospheric entrainment.6.3. Fugitive emissions from coal preparation plants and handling operations which are subject to this rule shall be exempt from the provisions of 45CSR17, provided that such sources shall not be exempt from the provisions of W. Va. Code §§22-5-1 et seq., including the provisions of W. Va. Code §22-5-3 relating to statutory air pollution.6.4. Owners or operators of coal handling operations and coal preparation plants located in the area of Brooke County west of State Route 2, north of an extension of the southern boundary of Steubenville Township in Jefferson County, Ohio, and south of the Market Street Bridge shall comply with the following fugitive dust control provisions: 6.4.1. Particulate matter mass emissions shall not exceed 0.001 pounds per ton of coal input from any coal crusher or coal screening operation.6.4.2. Visible particulate emissions shall not exceed 5% opacity from any coal crushing or screening operation or from any coal conveying system.6.4.3. A definitive, approvable plan to control fugitive dust entrainment and emissions from vehicular traffic and activity areas including, but not limited to, paved and unpaved haulroads, stockpile areas, haulway berms and plant access roads to public streets and highways shall be submitted to the Secretary and such a plan shall be embodied in a consent order approved by the Secretary. For plants or handling operations not in existence on August 31, 2000, the plan shall be deemed filed upon filing of an application for construction, modification or relocation pursuant to section 10.6.4.3.a. Provide specific scheduled treatment frequencies for all areas of vehicular activity and stockpiling using water and/or chemical dust suppressants at sufficient application rates and intensities and wet flushing and vacuum sweeping for paved surfaces so as to reduce uncontrolled fugitive dust emissions by at least 95% as determined by methods and procedures in the document, "Control of Open Fugitive Dust Sources" (EPA 450/3-88-008, September, 1988) or other measures which achieve equivalent emission reductions as determined in accordance with the reference document.6.4.3.b. Provide for daily monitoring and recordkeeping and not less than monthly reporting of dust control measures to the Secretary including, but not limited to, water and chemical usage rates; chemical dust suppressant dilution ratios; accurate water and/or chemical flow rates or volumes through stationary or mobile dust suppression equipment and system pressures; beginning and ending times for treatment; traffic rates and types of vehicles using plant haulways, access roads and other vehicle activity areas; meteorological conditions relevant to control program requirements and equipment maintenance and downtime records.6.4.3.c. Provide that no coal be unloaded from trucks which are not, upon entry to the plant or handling facility, tarped or otherwise covered to prevent dust entrainment, spillage or reentrainment.6.4.3.d. Provide that the wheels, tires and underbodies of all coal trucks be fully cleaned by an automatic washing system or equivalently effective system prior to exiting onto paved streets or highways from the premises of the plant or coal handling operation if such trucks travel over unpaved or soiled areas within the plant or coal handling operation.6.4.3.e. Provide that all paved traffic areas be water flushed and vacuum or broom swept daily or alternatively be treated with water and/or chemical dust suppressants in accordance with paragraph 6.4.3.a.6.4.3.f. Provide that all reports required under this section be certified to be true and accurate by the owner or operator prior to submission to the Secretary.6.4.3.g. Provide that the design of dust suppression systems or equipment, including but not limited to, number of trucks and truck tank capacity, spray bar or header volumes and pressures, spray system pump specifications, type of chemicals used, number and design of vacuum trucks maintained and other similar information be clearly incorporated.6.4.4. The Secretary may consider or incorporate exceptional provisions to the fugitive dust control plans or schedules approved pursuant to subdivision 6.4.3 taking into consideration such conditions as rainfall, snow cover and freezing weather.