Fugitive Dust

Air District staff are initiating efforts to propose amendments to two rules: Rule 6-1: Particulate Matter – General Requirements and Rule 6-6: Particulate Matter – Prohibition of Trackout. These rules address particulate matter emissions from commercial and industrial sources.

Regulation 6, Rule 1 – General Requirements (Rule 6-1) and Regulation 6, Rule 6 - Prohibition of Trackout (Rule 6-6) sets standards and requirements for controlling and mitigating fugitive dust emissions at dust generating facilities. Recently adopted in 2018, Rule 6-6 was developed along with a new umbrella regulation, Regulation 6, and amendments to Rule 6-1, to address particulate matter emissions from a variety of activities and operations. The Air District estimates that hundreds of facilities throughout the Bay Area may be subject to these rules and amendments.

While the Air District’s existing programs have served regional emissions reductions goals, fugitive dust emissions and exposure can lead to acute health effects, largely impact localized receptors, and may require alternative methods of control. Considering community concerns and the Air District Advisory Council’s recommendations, Air District staff have begun exploring potential rulemaking opportunities to address localized exposures to fugitive dust.

The initial phase of this effort included the publication of a white paper which further explored mitigation and control opportunities for fugitive dust. The purpose of the white paper was to provide an overview of the Air District’s existing particulate matter programming, focusing on fugitive dust, and to identify strategies and recommendations for potential rule development activities to further address fugitive dust issues. The white paper explored potential strategies for program improvements through an analysis and review of rules and regulations from other jurisdictions, as well as advancements in monitoring and control techniques. The white paper that was released can be found in the table below.

The white paper discusses opportunities for potential rulemaking activities to control fugitive dust, with a focus on the following source categories: 

• construction projects
• earth moving activities
• paved and unpaved roads
• bulk material handling and storage
• industrial facilities

Through this work, staff identified potential opportunities and preliminary recommendations for further actions, which include:

• Increasing the practical enforceability of requirements by amending Regulation 6, Rule 1: General Requirements and Regulation 6, Rule 6: Prohibition of Trackout.
• Increasing the mitigation of fugitive dust emissions by introducing the regulatory language requiring compliance with Dust Control Plans for earth moving operations.
• Further reducing fugitive dust emissions by implementing regulatory language mandating compliance with best management practices and/or best available control measures.  
• Increasing accountability by introducing regulatory language for a “Notice of Requirements” document for sites with equipment with the potential to generate fugitive dust.  
• Exploring inclusion of a potential “dust fee” or “plan registration fee” so additional compliance and enforcement activities may be appropriately resourced.  
• Exploring future opportunities to lower the permitted allowable PM-emission threshold, similar to New Source Review for Toxic Air Contaminants.

Air District staff will begin the process of extensively evaluating any of the potentially associated impacts and the required resources or collaboration that may be needed to support the recommended efforts. As the regulatory process begins, staff will continue to engage with community groups and representatives, industry stakeholders, and other interested parties to seek input and help shape future recommendations for further Air District efforts.

Hearings, Workshops and Other Events

Throughout the rule development process, we provide information on upcoming and past workshops, hearings, and other events.

Documents

Supporting materials, such as staff reports, regulatory language, and other technical documents related to rule development, are posted throughout the development process.

Comments

The Air District provides opportunities for the public to submit comments throughout the development process, and posts comments received during the open public comment periods.

Fugitive Dust Signup

To receive information on updates and events associated with the implementation of the amendments to Regulation 6: Rules 6-1 and 6-6, please sign up for the Air District's Fugitive Dust Email List.
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