Chapter 272
2015 -- S 0621 SUBSTITUTE A
Enacted 07/15/2015

A N   A C T

Introduced By: Senators Algiere, and Morgan
Date Introduced: March 05, 2015

It is enacted by the General Assembly as follows:
     SECTION 1. Section 23-23-3 of the General Laws in Chapter 23-23 entitled "Air
Pollution" is hereby amended to read as follows:
     23-23-3. Definitions. -- As used in this chapter, the following terms shall, where the
context permits, be construed as follows:
      (1) "Air contaminant" means soot, cinders, ashes, any dust, fumes, gas, mist, smoke,
vapor, odor, toxic or radioactive material, particulate matter, or any combination of these.
      (2) "Air pollution" means presence in the outdoor atmosphere of one or more air
contaminants in sufficient quantities, quantities which that either alone or in connection with
other emissions, emissions by reason of their concentration and duration duration, may be
injurious to human, plant, or animal life or cause damage to property or which unreasonably
interfere with the enjoyment of life and property.
      (3) "Director" means the director of environmental management or any subordinate or
subordinates to whom he or she has delegated the powers and duties vested in him or her by this
      (4) "Extremely toxic air contaminant" means any air contaminant which that has been
classified as a potential carcinogen by the International Agency for Research on Cancer (IARC),
Environmental Protection Agency (EPA), Occupational Safety and Health Administration
(OSHA), National Institute of Occupational Safety and Health (NIOSH), American Conference
of Governmental Industrial Hygienists (ACGIH), or the National Toxicology Program (NTP); or
any air contaminant which that induces mutagenic or teratogenic effects; or any air contaminant
which that, when inhaled, has caused significant chronic adverse effects in test animals; or any
air contaminant having an acute toxicity of:
      (i) LD50 (oral) less than 500mg/kg;
      (ii) LD50 (inhalation) less than 2000ppm; or
      (iii) LD50 (dermal) less than 1000mg/kg;
      and/or has been adopted by the director pursuant to the provisions of chapter 35 of title
42. In addition to the above, it may also include any hazardous air pollutant as defined in § 112(b)
of the federal Clean Air Act, 42 U.S.C. § 7412(b).
     (5) "Motor vehicle" means every vehicle which that is self-propelled and every vehicle
which that is propelled by electric power obtained from overhead trolley wires, but not operated
upon rails, except vehicles moved exclusively by human power and motorized wheelchairs.
     (6) "Open fire" means any fire from which the products of combustion are emitted
directly into the open air without passing through a stack or chimney.
     (7) "Person" means an individual, trust, firm, joint stock company, corporation (including
a quasi-governmental corporation), partnership, association, syndicate, municipality, municipal or
state agency, fire district, club, non-profit agency or any subdivision, commission, department,
bureau, agency, or department of state or federal government (including quasi-government
corporation), or of any interstate body.
     (8) "Manufactured, unwashed sand" means product resulting from the mechanical
crushing of rock, boulders, or large cobblestones that has a gradation of fifty percent (50%) or
more of coarse fraction passing the No. 4 sieve as referenced in the Standard Practice for
Classification of Soils for Engineering Purposes (Unified Soil Classification System) and
American Society of Testing and Materials Designations D-2487-06 which has not been subject
to a mechanical process (using water) that is designed to substantially remove fine fractions
passing the No. 200 sieve.
     SECTION 2. Chapter 23-23 of the General Laws entitled "Air Pollution" is hereby
amended by adding thereto the following section:
     23-23-31. Dust control at extractive industries. – This section applies to all extractive
industries, as that term is defined in § 45-24-31(25), that are located within one thousand five
hundred feet (1,500') of any occupied dwelling structure from the location of the piles of material
defined in § 23-23-3(8).
     (1) Manufactured, unwashed sand shall not be stockpiled except in a manner that
prevents fugitive dust from traveling beyond the property line of the extractive industry by use of
water sprays.
     (2) In determining compliance with this provision, the director may consider one or more
of the following factors:
     (i) Moisture content of the stone dust piles;
     (ii) Atmospheric humidity;
     (iii) Wind direction and velocity;
     (iv) Rainfall;
     (v) Observations of fugitive dust;
     (vi) Location of the stone dust piles; and
     (vii) Any other factors that may cause fugitive dust to travel beyond the property line of
the extractive industry.
     (3) The director may approve the use of alternatives to water spray, if water is not
available or its use is not practical, including, but not limited to, crusting agents or enclosures;
provided that such alternatives prevent fugitive dust from traveling beyond the property line of
the extractive industry.
     SECTION 3. This act shall take effect upon passage.
LC002037/SUB A