(a) The owner or operator of a CCR landfill,
CCR surface impoundment, or any lateral expansion of a CCR unit shall adopt
measures that will effectively minimize CCR from becoming airborne at the
facility, including CCR fugitive dust originating from CCR units, roads, and
other CCR management and material handling activities.
(b) CCR fugitive dust control plan. The owner
or operator of the CCR unit shall prepare and operate in accordance with a CCR
fugitive dust control plan has been submitted to and has received approval from
the Director and as specified in Subsections R315-319-80(b)(1) through (7).
This requirement applies in addition to, not in place of, any applicable
standards under the Occupational Safety and Health Act.
(1) The CCR fugitive dust control plan shall
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 shall 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) If the owner or operator operates a CCR
landfill or any lateral expansion of a CCR landfill, the CCR fugitive dust
control plan shall include procedures to emplace CCR as conditioned CCR.
Conditioned CCR means wetting CCR with water to a moisture content that will
prevent wind dispersal, but will not result in free liquids. In lieu of water,
CCR conditioning may be accomplished with an appropriate chemical dust
suppression agent.
(3) The CCR
fugitive dust control plan shall include procedures to log citizen complaints
received by the owner or operator involving CCR fugitive dust events at the
facility.
(4) The CCR fugitive dust
control plan shall include a description of the procedures the owner or
operator will follow to periodically assess the effectiveness of the control
plan.
(5) The owner or operator of
a CCR unit shall prepare an initial CCR fugitive dust control plan for the
facility no later than October 19, 2015, or by initial receipt of CCR in any
CCR unit at the facility if the owner or operator becomes subject to Sections
R315-319-50 through 107 after October 19, 2015. The owner or operator has
completed the initial CCR fugitive dust control plan when the plan has been
placed in the facility's operating record as required by Subsection
R315-319-105(g)(1).
(6) Amendment
of the plan. The owner or operator of a CCR unit subject to the requirements of
Section R315-319-80 may amend the written CCR fugitive dust control plan at any
time provided the revised plan is placed in the facility's operating record as
required by Subsection R315-319-105(g)(1). The owner or operator shall 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 unit.
(7)
The owner or operator shall 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 Section
R315-319-80.
(c) Annual
CCR fugitive dust control report. The owner or operator of a CCR unit shall
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, a
record of all citizen complaints, and a summary of any corrective measures
taken. The initial annual report shall be completed no later than 14 months
after placing the initial CCR fugitive dust control plan in the facility's
operating record. The deadline for completing a subsequent report is one year
after the date of completing the previous report. For purposes of Subsection
R315-319-80(c), the owner or operator has completed the annual CCR fugitive
dust control report when the plan has been placed in the facility's operating
record as required by Subsection R315-319-105(g)(2).
(d) The owner or operator of the CCR unit
shall comply with the recordkeeping requirements specified in Subsection
R315-319-105(g), the notification requirements specified in Subsection
R315-319-106(g), and the internet requirements specified in Subsection
R315-319-107(g).