336.l372 and which facility is in an area not listed in table 36, submit a fugitive dust
control program. The department shall notify the person who is responsible for the
operation of the facility of the provisions of R 336.l372 which apply to the facility and
the reasons for the department’s notification. Except as provided in subrule (3) of this
rule, the control program shall be submitted to the department not later than 6 months
(2) A fugitive dust control program which is required by subrule (l) of this rule shall
be in writing and shall provide for all of the following:
(a) Using l or more combinations of available technologies, operating practices, or
methods listed in R 336.l372 as are reasonably necessary to control fugitive dust
(b) Consideration of the quantity, moisture content, specific gravity, and the particle
size distribution of the bulk materials. The more friable, drier, lighter, and finer the bulk
material is, the more effective the fugitive dust control methods incorporated into the
control program shall be.
(c) The keeping and maintenance of records consistent with the various activities to
be implemented under the control program.
(d) Identification of the control technologies, methods, or control equipment, if any,
to be implemented or installed and the schedule, including increments of progress, for
implementation or installation.
(3) Within 3 months following notification by the department that a fugitive dust
control program is required, the person who is responsible for operating the facility has
the opportunity to demonstrate, to the satisfaction of the department, that any part of the
facility is not subject to the provisions of this rule.
(4) If a control program is not submitted within 6 months after notification by the
department, then the department may proceed, pursuant to the act, toward the entry of a
final order which contains a control program that meets the requirements of subrule (2) of
(5) The control program is subject to review and approval by the department. The
department shall approve a control program only upon the entry of a legally enforceable
order or as part of an approved permit to install or operate. If, in the opinion of the
department, the program does not adequately meet the requirements set forth in subrule
(2) of this rule, then the department may disapprove the program, state its reasons for
disapproval, and require the preparation and submittal of an amended program within a
specified time period. If, within the specified time period, an amended program is either
not submitted or is submitted but, in the opinion of the department, fails to meet the
requirements of subrule (2) of this rule, then the department may proceed, pursuant to the
act, toward the entry of a final order which contains a control program that meets these
(6) After approval by the department, the person who is responsible for the
preparation of the control program shall begin implementation of the program pursuant to
the schedule contained in the control program.
(7) Either the person who is responsible for a facility or the department may request a
revision to a department-approved control program to meet changing conditions. The
department shall review the revision following the requirements of subrule (5) of this