Fugitive dust means "the generation of particulate matter to the extent that some portion of the material escapes beyond the property line or boundaries of the property, right-of-way, or easement on which the source is located." Fugitive dust includes fine particles that become airborne from a variety of common activities, including but not limited to construction, commercial mining, demolition, and soil erosion from wind. Fugitive dust does not include fine particles that originate from a stack, vent, or chimney.
The state rules on fugitive dust, which apply to all sources of dust (particulate matter), are found in the Indiana Administrative Code at 326 IAC 6. A source is considered to be generating fugitive dust if the dust is visible crossing the property line at or near ground level. For sources to comply with fugitive dust rules, prevention measures may be required. However, under 326 IAC 6-4-6 certain activities are exempt from the fugitive dust rule. Common examples include dust from agricultural, construction, or demolition activities providing every reasonable precaution has been taken to minimize dust; as well as dust from publicly maintained unpaved roads where a nuisance or health hazard is not being created.
Best practices for preventing fugitive dust include, but are not limited to, applying water or dust suppressants, reducing speed when driving on unpaved roads and lots, and paving roadway entry and exit paths where possible. Recommended best practices for grain elevators are provided in IDEM’s Grain Elevator Fugitive Dust Prevention – Best Practices fact sheet (available in the IDEM Fact Sheets page). The use of a dust suppressant may be appropriate in certain situations.
Compliance assistance is available upon request.