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Future Updates to BAAQMD Regulation 6, Rules 1 and 6: Fugitive Dust

January 12, 2024

Goals and Background of Proposed Rulemaking Regarding Fugitive Dust

A 2020 report from the Bay Area Air Quality Management District (BAAQMD) Advisory Council concluded that “Particulate Matter (PM) was the most important health risk driver in Bay Area air quality.” Community feedback, especially in Overburdened Communities, echoes this message, as PM is the primary concern among residents and is a priority for reduction. In response to this feedback, the BAAQMD authored a white paper, published in March 2023, which explored opportunities to update District rules and regulations to address fugitive dust. This white paper identified construction projects, earthmoving activities, paved and unpaved roads, and bulk storage and loading facilities as potential subjects for future rulemaking to reduce fugitive dust.

White Paper Recommended Actions

The BAAQMD’s Fugitive Dust White Paper includes a recommendation to increase enforcement for fugitive dust activities via amendments to Regulation 6, Rule 1: General Requirements and Regulation 6, Rule 6: Prohibition of Trackout, with the potential inclusion of “Dust Fees” for future permitting projects to fund additional compliance and enforcement efforts. These regulations would be modified by requiring Dust Control Plans (DCPs) for earthmoving operations.

Additionally, the white paper recommends the addition of regulatory language to mandate compliance with Best Management Practices (BMPs) and Best Available Control Measures, including during construction activities. The District is also evaluating implementing a screening threshold for PM for short-term “acute” health risks from localized concentrations of PM, similar to the District’s New Source Review for toxic air contaminants (Regulation 2, Rule 5).

A link to the BAAQMD’s Fugitive Dust White Paper can be found on the following website, listed under “Documents”: https://www.baaqmd.gov/rules-and-compliance/rule-development/fugitive-dust.

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