2015 -- H 5680 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO HEALTH AND SAFETY - AIR POLLUTION

     

     Introduced By: Representatives Kennedy, Azzinaro, Filippi, Nardolillo, and Roberts

     Date Introduced: February 26, 2015

     Referred To: House Municipal Government

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-23-3 of the General Laws in Chapter 23-23 entitled "Air

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Pollution" is hereby amended to read as follows:

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     23-23-3. Definitions. -- As used in this chapter, the following terms shall, where the

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context permits, be construed as follows:

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      (1) "Air contaminant" means soot, cinders, ashes, any dust, fumes, gas, mist, smoke,

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vapor, odor, toxic or radioactive material, particulate matter, or any combination of these.

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      (2) "Air pollution" means presence in the outdoor atmosphere of one or more air

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contaminants in sufficient quantities, which either alone or in connection with other emissions, by

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reason of their concentration and duration may be injurious to human, plant, or animal life or

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cause damage to property or which unreasonably interfere with the enjoyment of life and

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property.

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      (3) "Director" means the director of environmental management or any subordinate or

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subordinates to whom he or she has delegated the powers and duties vested in him or her by this

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chapter.

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      (4) "Extremely toxic air contaminant" means any air contaminant which has been

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classified as a potential carcinogen by the International Agency for Research on Cancer (IARC),

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Environmental Protection Agency (EPA), Occupational Safety and Health Administration

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(OSHA), National Institute of Occupational Safety and Health (NIOSH), American Conference

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of Governmental Industrial Hygienists (ACGIH), or the National Toxicology Program (NTP); or

 

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any air contaminant which induces mutagenic or teratogenic effects; or any air contaminant

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which, when inhaled, has caused significant chronic adverse effects in test animals; or any air

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contaminant having an acute toxicity of:

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      (i) LD50 (oral) less than 500mg/kg;

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      (ii) LD50 (inhalation) less than 2000ppm; or

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      (iii) LD50 (dermal) less than 1000mg/kg;

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      and/or has been adopted by the director pursuant to the provisions of chapter 35 of title

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42. In addition to the above, it may also include any hazardous air pollutant as defined in § 112(b)

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of the federal Clean Air Act, 42 U.S.C. § 7412(b).

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     (5) "Motor vehicle" means every vehicle which is self-propelled and every vehicle which

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is propelled by electric power obtained from overhead trolley wires, but not operated upon rails,

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except vehicles moved exclusively by human power and motorized wheelchairs.

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     (6) "Open fire" means any fire from which the products of combustion are emitted

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directly into the open air without passing through a stack or chimney.

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     (7) "Person" means an individual, trust, firm, joint stock company, corporation (including

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a quasi-governmental corporation), partnership, association, syndicate, municipality, municipal or

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state agency, fire district, club, non-profit agency or any subdivision, commission, department,

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bureau, agency, or department of state or federal government (including quasi-government

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corporation), or of any interstate body.

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     (8) "Manufactured unwashed sand" means product resulting from the mechanical

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crushing of rock, boulders, or large cobblestones which has a gradation of fifty percent (50%) or

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more of coarse fraction passing the No. 4 sieve as referenced in the standard practice for

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classification of soils for engineering purposes (unified soil classification system) and American

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Society of Testing and Materials Designations D-2487-06 which has not been subject to a

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mechanical process (using water) that is designed to substantially remove fine fractions passing

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the No. 200 sieve.

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     SECTION 2. Chapter 23-23 of the General Laws entitled "Air Pollution" is hereby

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amended by adding thereto the following section:

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     23-23-31. Dust control at extractive industries. – This section applies to all extractive

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industries, as that term is defined in § 45-24-31(25), that are located within one thousand five

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hundred feet (1,500') of any occupied dwelling structure from the location of the piles of material

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defined in § 23-23-3(8).

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     (1) Manufactured unwashed sand shall not be stockpiled except in a manner that prevents

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fugitive dust from traveling beyond the property line of the extractive industry by use of water

 

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sprays.

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     (2) In determining compliance with this provision, the director may consider one or more

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of the following factors:

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     (i) Moisture content of the stone dust piles;

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     (ii) Atmospheric humidity;

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     (iii) Wind direction and velocity;

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     (iv) Rainfall;

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     (v) Observations of fugitive dust;

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     (vi) Location of the stone dust piles; and

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     (vii) Any other factors that may cause fugitive dust to travel beyond the property line of

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the extractive industry.

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     (3) The director may approve the use of alternatives to water spray, if water is not

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available or its use is not practical, including, but not limited to, crusting agents or enclosures;

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provided that such alternatives prevent fugitive dust from traveling beyond the property line of

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the extractive industry.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - AIR POLLUTION

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     This act would create a definition of the term "manufactured unwashed sand" for

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purposes of air pollution. The act further provides that for all extractive industries, such as rock

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quarries, which are located near occupied dwellings, manufactured unwashed sand could be

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stockpiled only in a way that would prevent dust from traveling off the property of the extractive

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industry. Such ways could include water sprays, crusting agents, or other methods approved by

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the department of environmental management.

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     This act would take effect upon passage.

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