Mo. Code Regs. tit. 10 § 10-6.170
Current through Register Vol. 49, No. 9, May 1, 2024
Section 10 CSR 10-6.170 - Restriction of Particulate Matter to the Ambient Air Beyond the Premises of OriginPURPOSE: This rule restricts the emission of particulate matter to the ambient air beyond the premises of origin. The purpose of this rulemaking is to comply with Executive Order 17-03 criteria and will remove the unnecessary use of restrictive words. This rulemaking will also restructure the rule into the standard rule organization format and add definitions specific to this rule. The evidence supporting the need for this proposed rulemaking, per 536.016, RSMo, is Executive Order 17-03 and related comments.
(1) Applicability. This rule applies to any operation, process, or activity resulting in fugitive particulate matter (PM) emissions throughout the state of Missouri, with the following exceptions:(A) Fugitive PM emissions from unpaved public roads located in areas not designated as nonattainment for PM;(B) Agricultural operations including tilling, planting, cultivating or harvesting within a field, the moving of livestock on foot, or the hauling of produce within the confines of a farm;(C) Fugitive PM emissions from driveways limited to residential use; and(D) Fugitive PM emissions in violation of this rule which, according to the director, occurred due to unusual or adverse weather conditions. These conditions may include, but are not limited to, high winds, extended dry weather periods, and extreme cold weather periods.(2) Definitions. (A) Control measure-Any means which reduce the quantity of a pollutant that is emitted into the air.(B) Director-Director of the Missouri Department of Natural Resources or a representative designated to carry out the duties as described in 643.060, RSMo.(C) Facility-All contiguous or adjoining property that is under common ownership or control, including properties that are separated only by a road or other public right-of-way.(D) Fugitive particulate matter emissions-Any particulate matter emissions which could not reasonably be passed through a stack, chimney, vent, or other functionally equivalent opening.(E) Nonattainment area (NAA)-Any geographic area of the United States which has been designated as nonattainment under section 107 of the Clean Air Act and described in 40 CFR 81.(F) Particulate matter-Any liquid or solid material, except uncombined water, that exists in a finely divided form with an aero-dynamic diameter smaller than one hundred micrometers (100 µm).(3) General Provisions. (A) Restrictions to Limit Fugitive Particulate Matter Emissions.1. No person may cause or allow fugitive particulate matter emissions to- A. Go beyond the premises of origin in such quantities that the particulate matter may be found on surfaces beyond the property line of origin due to the following activities: (I) Handling, transporting, or storing of any material;(II) Construction, repair, cleaning, or demolition of a building or its appurtenances;(III) Construction or use of a road, driveway, or open area; or(IV) Operation of a commercial or industrial facility; orB. Remain visible in the ambient air beyond the property line of origin.2. The nature or origin of the particulate matter will be determined to a reasonable degree of certainty by a technique proven to be accurate and approved by the director.(B) Should the director determine that noncompliance with subsection (3)(A) has occurred at a location, the director may require reasonable control measures, as may be necessary. These measures may include, but are not limited to, the following: 1. Revision of procedures involving construction, repair, cleaning, and demolition of buildings and their appurtenances that produce particulate matter emissions;2. Paving or frequent cleaning of roads, driveways, and parking lots;3. Application of dust-free surfaces;4. Application of water; and5. Planting and maintenance of vegetative ground cover.(4) Reporting and Record Keeping. (Not Applicable)(5) Test Methods. (Not Applicable) AUTHORITY: section 643.050, RSMo Supp. 1997.* Original rule filed March 5, 1990, effective 11/30/1990. Amended: Filed March 18, 1996, effective 10/30/1996. Amended: Filed Jan. 2, 1998, effective 8/30/1998. Amended by Missouri Register February 1, 2019/Volume 44, Number 3, effective 4/1/2019*Original authority: 643.050, RSMo 1965, amended 1972, 1992, 1995.