 |
RSS
 |
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
Library of COALEX Research Reports
COALEX Research Reports are the products of research and analysis conducted on specific issues relating to the regulation of Surface Mining Control and Reclamation Act of 1977. The research is conducted in response to requests for information from State Regulatory Authorities, under a cooperative agreement between the Office of Surface Mining (OSM) and the Interstate Mining Compact Commission (IMCC).
COALEX refers to the Library of Surface Mining Materials maintained by OSM in LEXIS-NEXIS and is a major source for the research.
Each Report includes a list of resources which were sent as attachments to the individual who requested the research. To obtain a copy of the attachments or to obtain any additional information, contact Joyce Zweben Scall by phone at 202-686-9138 or by email at JZScall@aol.com.
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:
- Which agency in your state enforces fugitive dust regulations? Is it the same agency that enforces SMCRA regulations?
- Do fugitive dust emission regulations for surface coal mining operations differ from the regulations for other industries? if yes, how do they differ?
- Please send a copy of the state's fugitive dust regulations; include numeric and narrative management plans.
SEARCH 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
|
Emissions |
Same Agency |
Coal vs Non-Coal |
Regulations |
|---|---|---|---|
|
Alabama Department of Environmental Management (ADEM). |
SMCRA regulations are the responsibilty of the Alabama Surface Mining Commission. |
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. |
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
|
Emissions |
Same Agency |
Coal vs Non-Coal |
Regulations |
|---|---|---|---|
|
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. |
SMRD enforces SMCRA. |
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. |
Arkansas Air Pollution Control Code. |
ILLINOIS
|
Emissions |
Same Agency |
Coal vs Non-Coal |
Regulations |
|---|---|---|---|
|
Dual enforcement: Illinois Department of Mines and Minerals (IDMM) and Illinois Environmental Protection Agency (IEPA). |
No. IDMM enforces SMCRA. |
Regulations differ, not sure what IEPA's regulations are. See attached letter from IEPA. |
62 Ill Adm Code 1780.15 and 1816.95. |
INDIANA
|
Emissions |
Same Agency |
Coal vs Non-Coal |
Regulations |
|---|---|---|---|
|
Indiana Department of Environmental Management. |
No. Indiana Department of Natural Resources enforces SMCRA. |
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. |
326 IAC 6-4 Fugitive Dust Emissions [Air Pollution Control Board Particulate Rules]. |
KENTUCKY
|
Emissions |
Same Agency |
Coal vs Non-Coal |
Regulations |
|---|---|---|---|
|
Department for Environmental Protection, Division of Air Quality |
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. |
Contact Div. of Air Quality |
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 |
MISSOURI
|
Emissions |
Same Agency |
Coal vs Non-Coal |
Regulations |
|---|---|---|---|
|
Missouri Department of Natural Resources, Air Pollution Control Program |
Yes. Same Department. |
Regulations for coal and non-coal do not differ. |
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]
|
Emissions |
Same Agency |
Coal vs Non-Coal |
Regulations Attached |
|---|---|---|---|
|
North Carolina Division of Environmental Management, Air Quality Section. |
N/A |
N/A |
For copy of regulations contact: |
OHIO
|
Emissions |
Same Agency |
Coal vs Non-Coal |
Regulations |
|---|---|---|---|
|
Ohio Environmental Protection Agency |
No. |
Division of Reclamation enforces fugitive dust regulations resulting from erosion. Unsure what the EPA's regulations are. |
OAC 1501:13-4-05(o) Air Pollution Control Plan. |
PENNSYLVANIA
|
Emissions |
Same Agency |
Coal vs Non-Coal |
Regulations |
|---|---|---|---|
|
Pennsylvania Department of Environmental Resources. |
Yes. |
Fugutive dust regulations for surface coal mining operations are the same as for the non-coal mining industry. |
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]
|
Emissions |
Same Agency |
Coal vs Non-Coal Emission Regulations |
Regulations |
|---|---|---|---|
|
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). |
N/A |
N/A |
None. |
VIRGINIA
|
Emissions |
Same Agency |
Coal vs Non-Coal |
Regulations |
|---|---|---|---|
|
Virginia Air Pollution Control Board is primary agency responsible for air pollution regulations. |
No. Department of Mines, Minerals and Energy enforces SMCRA. |
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. |
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
|
Emissions |
Same Agency |
Coal vs Non-Coal |
Regulations |
|---|---|---|---|
|
West Virginia Division of Environmental Protection (WVDEP), Office of Air Quality, enforces emisison (numeric) standards. |
WVDEP, OMR enforces WV SMCRA and its fugitive dust [from surface mining] provisions. |
No. |
38-2-4.8(a)(1) |
ATTACHMENTS
- 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.
- ARKANSAS
- Arkansas Air Pollution Control Code.
- ILLINOIS
- 62 Ill Adm Code 1780.15 and 1816.95.
- Letter from IEPA to IDMM.
- INDIANA
- 326 IAC 6-4 Fugitive Dust Emissions [Air Pollution Control Board Particulate Rules].
- 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
- MISSOURI
- 10 CSR 10-6.170 Restriction of Particulate Matter to the Ambient Air Beyond the Premises of Origin [Air Conservation Commission].
- OHIO
- OAC 1501:13-4-05(o) Air Pollution Control Plan.
- 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.
- WEST VIRGINIA
- 38-2-4.8(a)(1)
Survey conducted by: Joyce Zweben Scall