Current through Register Vol. 48, No. 38, September 20, 2024
a) The
owner or operator of a CCR surface impoundment, or any lateral expansion of a
CCR surface impoundment, must adopt measures that will effectively minimize CCR
from becoming airborne at the facility, including CCR fugitive dust originating
from CCR surface impoundments, roads, and other CCR management and material
handling activities.
b) CCR
Fugitive Dust Control Plan. The owner or operator of the CCR surface
impoundment must prepare and operate in accordance with a CCR fugitive dust
control plan as specified in this subsection (b). This requirement applies in
addition to, not in place of, any applicable standards under the Occupational
Safety and Health Act (29 USC 15), including
29 CFR
1910.1018, 29 CFR 1910.1024,
29 CFR
1910.1025, 29 CFR 1910.1027, and 1910.1053,
or any other State or federal law.
1) The CCR
fugitive dust control plan must identify and describe the CCR fugitive dust
control measures the owner or operator will use to minimize CCR from becoming
airborne at the facility. The owner or operator must select, and include in the
CCR fugitive dust control plan, the CCR fugitive dust control measures that are
most appropriate for site conditions, along with an explanation of how the
measures selected are applicable and appropriate for site conditions. Examples
of control measures that may be appropriate include: locating CCR inside an
enclosure or partial enclosure; operating a water spray or fogging system;
reducing fall distances at material drop points; using wind barriers,
compaction, or vegetative covers; establishing and enforcing reduced vehicle
speed limits; paving and sweeping roads; covering trucks transporting CCR;
reducing or halting operations during high wind events; or applying a daily
cover.
2) The CCR fugitive dust
control plan must include procedures to log every complaint from members of the
public received by the owner or operator involving CCR fugitive dust events at
the facility. The owner or operator must:
A)
Include for each logged complaint the date of the complaint, the date of the
incident, the name and contact information of the complainant, if given, and
all actions taken to assess and resolve the complaint; and
B) Submit quarterly reports to the Agency no
later than 14 days from the end of the quarter of all complaints received in
that quarter, including the information required by subsection
(b)(2)(A).
3) The CCR
fugitive dust control plan must include a description of the procedures the
owner or operator will follow to periodically assess the effectiveness of the
control plan.
4) The owner or
operator of a CCR surface impoundment must prepare an initial CCR fugitive dust
control plan for the facility by October 31, 2021, or by initial receipt of CCR
in any CCR surface impoundment at the facility if the owner or operator becomes
subject to this Part after October 31, 2021.
5) Amendment of the Plan. The owner or
operator of a CCR surface impoundment subject to the requirements may amend the
written CCR fugitive dust control plan at any time provided the revised plan is
submitted to the Agency. The owner or operator must amend the written plan
whenever there is a change in conditions that would substantially affect the
written plan in effect, such as the construction and operation of a new CCR
surface impoundment.
6) The owner
or operator must place the initial and any amendments to the fugitive dust
control plan in the facility's operating record as required by Section
845.800(d)(7). The most recent fugitive dust control plan must be placed in the
facility's operating record and available on the owner's or operator's CCR
website before submitting a permit application under this Part.
7) The owner or operator must obtain a
certification from a qualified professional engineer that the initial CCR
fugitive dust control plan, or any subsequent amendment of it, meets the
requirements of this Section.
c) Annual CCR Fugitive Dust Control Report.
The owner or operator of a CCR surface impoundment must prepare an annual CCR
fugitive dust control report that includes a description of the actions taken
by the owner or operator to control CCR fugitive dust and the four quarterly
fugitive dust complaint reports submitted under subsection (b)(2)(B). The
annual CCR fugitive dust control report must be submitted as a part of the
annual consolidated report required by Section 845.550.
