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OSM Seal Coalex Report 237
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This is the Office of Surface Mining's library of COALEX Research Reports. COALEX is a database of mining and reclamation information, including the Surface Mining Law and regulations, maintained in LEXIS-NEXIS -- a commercial, on-line research service. These reports have been compiled under a cooperative agreement between the Office of Surface Mining and the Interstate Mining Compact Commission, which represents most U.S. coal producing states. The following report includes an analysis of a specific issue requested by a state regulatory authority with responsibility for carrying out the Surface Mining Law. Copies of the research reports and attachments are available to the public, upon request. For additional information, or to obtain copies of the listed attachments, contact Ron Tarquinio by phone at (202) 208-2882 or by e-mail at rtarquin@osmre.gov. 
                   

COALEX State Comparison Report - 237
December, 1992

Paul J. Ehret, Deputy Director
Department of Natural Resources
Executive Office
402 W. Washington Street, Room W256
Indianapolis, Indiana 46204

TOPIC: FUGITIVE DUST EMISSION REGULATIONS

INQUIRY: Indiana is considering revisions to its rules regulating fugitive dust emissions from
surface coal mines. The state is particularly interested in fugutive dust emissions as a health, not
a reclamation, problem. Please conduct a survey of IMCC members, requesting the following
information:

1.   Which agency in your state enforces fugitive dust regulations? Is it the same agency that
     enforces SMCRA regulations?

2.   Do fugitive dust emission regulations for surface coal mining operations differ from the
     regulations for other industries? if yes, how do they differ?

3.   Please send a copy of the state's fugitive dust regulations; include numeric and narrative
     management plans.

SURVEY RESULTS: Twelve IMCC member states, including two non-coal states, responded to the
questionnaire. The responses follow. Copies of the state regulations are attached for nine states.
The names and numbers of appropriate state contacts are provided for Kentucky and North
Carolina. Virginia will send its air pollution control regulations under separate cover.


RESULTS OF THE SURVEY

ALABAMA
1. Emissions enforcement agency: Alabama Department of Environmental Management (ADEM).

Enforces SMCRA: No. SMCRA regulations are the responsibilty of the Alabama Surface Mining
Commission.

2. Coal vs Non-coal emission regulations: Regulations are the same in similar industries - 335-3-4-.02 Fugitive Emissions and 335-3-1-.08 (Protection of Air Pollution) of ADEM regulations cover
these type of emissions.

3. Regulations attached: 22-22A-5(3) and 22-28-14 of the Code of Alabama, 1975 (Air Pollution
Control Act) and authorized regulations passed by ADEM.


ARKANSAS
1. Emissions enforcement agency: There are three state divisions that have authority over fugitive
dust: Arkansas Department of Pollution Control and Ecology's Surface Mining Division (SMRD) and
Air Division, and the Arkansas Department of Labor's Mine Inspection Division.

Enforces SMCRA: SMRD enforces SMCRA.

2. Coal vs Non-coal emission regulations: SMRD's regulations are coal specific and pertain to
reclamation. Air Division's regulations are for protection of health and are related to coal and non-coal operations. Air permits are required for such activities as crushing and screening facilities on
any type of mining operations. There is no difference from the standpoint of the Air Division and
the Mine Inspection Division.

3. Regulations attached: Arkansas Air Pollution Control Code.


ILLINOIS
1. Emissions enforcement agency: Dual enforcement: Illinois Department of Mines and Minerals
(IDMM) and Illinois Environmental Protection Agency (IEPA). 

Enforces SMCRA: No. IDMM enforces SMCRA.

2. Coal vs Non-coal emission regulations: Regulations differ, not sure what IEPA's regulations are.
See attached letter from IEPA.

3. Regulations attached: 62 Ill Adm Code 1780.15 and 1816.95.


INDIANA
1. Emissions enforcement agency: Indiana Department of Environmental Management.

Enforces SMCRA: No. Indiana Department of Natural Resources enforces SMCRA. 

2. Coal vs Non-coal emission regulations: Regulations do not differ, except the Division of
Reclamation appears to have authority to regulate dust from coal mining operations to the extent
that the dust damaged public or private property.

3. Regulations attached: 326 IAC 6-4 Fugitive Dust Emissions [Air Pollution Control Board
Particulate Rules].


KENTUCKY
1. Emissions enforcement agency: Department for Environmental Protection, Division of Air
Quality

Enforces SMCRA: No. The Department for Surface Mining Reclamation and Enforcement enforces
SMCRA. The Div. of Air Quality is the primary agency with jurisdiction over air quality in Kentucky.
The Dept. for Surface Mining Reclamation and Enforcement has overlapping authority on surface
mining operations, particularly regarding coal processing plants.

2. Coal vs Non-coal emission regulations: Contact Div. of Air Quality

3. Regulations attached: SMCRA permitting requirements: 405 KAR 8:030, Sec. 35; 405 KAR
8:040, Sec. 35 & SMCRA performance standards: 405 KAR 16:170; 405 KAR 18:170

For additional information contact: 
John G. Hornback, Director, 
Division of Air Quality
316 St. Clair Street
Frankfort, KY 40601
(502) 564-3382


MISSOURI
1. Emissions enforcement agency: Missouri Department of Natural Resources, Air Pollution Control
Program

Enforces SMCRA: Yes. Same Department.

2. Coal vs Non-coal emission regulations: Regulations for coal and non-coal do not differ.

3. Regulations attached: 10 CSR 10-6.170 Restriction of Particulate Matter to the Ambient Air
Beyond the Premises of Origin [Air Conservation Commission].


NORTH CAROLINA [Non-coal only]
1. Emissions enforcement agency: North Carolina Division of Environmental Management, Air
Quality Section.

Enforces SMCRA: N/A.

2. Coal vs Non-coal emission regulations: N/A.

3. For copy of regulations contact:
Mr. Dale Overcash
(919) 733-3340

 
OHIO
1. Emissions enforcement agency: Ohio Environmental Protection Agency

Enforces SMCRA: No. 

2. Coal vs Non-coal emission regulations: Division of Reclamation enforces fugitive dust
regulations resulting from erosion. Unsure what the EPA's regulations are.

3. Regulations attached: OAC 1501:13-4-05(o) Air Pollution Control Plan.


PENNSYLVANIA
1. Emissions enforcement agency: Pennsylvania Department of Environmental Resources. 

Enforces SMCRA: Yes.

2. Coal vs Non-coal emission regulations: Fugutive dust regulations for surface coal mining
operations are the same as for the non-coal mining industry.

3. Regulations attached: 77.575 Air Resources Protection regulations for non-coal; 87.137 Air
Resources Protection regulations for coal mining; Chapters 121.123, 127 and 129, referenced in
those sections.  


SOUTH CAROLINA [Non-coal only]
1. Emissions enforcement agency: South Carolina Department of Health and Environmental
Control, Bureau of Air Quality Control. Under the South Carolina Mining Act, the South Carolina
Land Resources Commission enforces general fugitive dust control requirements (not standards).

Enforces SMCRA: N/A.

2. Coal vs Non-coal emission regulations: N/A.

3. Regulations attached: None.


VIRGINIA
1. Emissions enforcement agency: Virginia Air Pollution Control Board is primary agency
responsible for air pollution regulations.

Enforces SMCRA: No. Department of Mines, Minerals and Energy enforces SMCRA.

2. Coal vs Non-coal emission regulations: Air Pollution Control Board regulations are general in
nature and cover about all fugitive dust situations. In regard to mining operations, only
preparation plants are controlled under permit.

3. Regulations to be sent by Air Pollution Control Board: VA.CSMRR 480-03-19.816.95(a) All
exposed surface areas shall be protected and stabilized to effectively control erosion and air
pollution attendant to erosion.


WEST VIRGINIA
1. Emissions enforcement agency: West Virginia Division of Environmental Protection (WVDEP),
Office of Air Quality, enforces emisison (numeric) standards.

Enforces SMCRA: WVDEP, OMR enforces WV SMCRA and its fugitive dust [from surface mining]
provisions.

2. Coal vs Non-coal emission regulations: No.

3. Regulations attached: 38-2-4.8(a)(1)

     ATTACHMENTS
A.   ALABAMA
     22-22A-5(3) and 22-28-14 of the Code of Alabama, 1975 (Air Pollution Control Act) and
     authorized regulations passed by ADEM.
B.   ARKANSAS
     Arkansas Air Pollution Control Code.
C.   ILLINOIS
     62 Ill Adm Code 1780.15 and 1816.95.
     Letter from IEPA to IDMM.
D.   INDIANA
     326 IAC 6-4 Fugitive Dust Emissions [Air Pollution Control Board Particulate Rules].
E.   KENTUCKY
     SMCRA permitting requirements: 405 KAR 8:030, Sec. 35;405 KAR 8:040, Sec. 35
     SMCRA performance standards: 405 KAR 16:170; 405 KAR 18:170
F.   MISSOURI 
     10 CSR 10-6.170 Restriction of Particulate Matter to the Ambient Air Beyond the Premises
     of Origin [Air Conservation Commission].
G.   OHIO 
     OAC 1501:13-4-05(o) Air Pollution Control Plan.
H.   PENNSYLVANIA
     77.575 Air Resources Protection regulations for non-coal; 87.137 Air Resources Protection
     regulations for coal mining; Chapters 121.123, 127 and 129, referenced in those sections.
I.   WEST VIRGINIA
     38-2-4.8(a)(1)


Survey conducted by: IMCC and Joyce Zweben Scall

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