- A proposed dust ordinance introduced by Detroit Councilmember Gabriela Santiago Romero aims to expand protections against “fugitive dust” from various industrial sources.
- The ordinance would require businesses to submit dust control plans and adhere to strict monitoring and mitigation measures.
- Critics argue the ordinance needs continuous monitoring to ensure effective dust reduction.
A proposed dust ordinance looks to expand protections for Detroit residents dealing with ‘fugitive dust’ or dirt and other particulate matter emitted by facilities like scrapyards and concrete plants.
Councilmember Gabriela Santiago Romero introduced the legislation in March, saying it would help limit industrial pollution in neighborhoods across the city.
“This is us asking businesses to treat our residents with respect,” Santiago-Romero said during the March 4 meeting of the Detroit City Council Public Health and Safety Committee. “I would never go into your home with dirty shoes. So, I ask you, if you have a truck facility, not to drive your trucks in my neighborhood if (they’re) full of mud and dust.”
The move builds on the city’s bulk storage ordinance, which the council passed in 2017 to address fugitive dust from facilities storing large amounts of material, like the notorious piles of black “petcoke” on the Detroit River that drifted into nearby homes.
But Nick Leonard, executive director of the Great Lakes Environmental Law Center, said the new ordinance may struggle to prevent fugitive dust problems without monitoring requirements that enable businesses to address issues immediately.
Fugitive dust, or untreated particulate matter from roadways, construction sites, freight yards and other facilities, is associated with respiratory issues, including aggravated asthma, chronic bronchitis, emphysema, and chronic obstructive pulmonary disease.
Dust from facilities like the Fort Iron and Metal scrapyard in southwest Detroit and Dino-Mite Crushing and Recycling concrete crusher on the west side of the city have raised health concerns in recent years and led to demands by community and environmental groups for the city to expand its enforcement beyond bulk storage yards.
What the fugitive dust ordinance would do
The new ordinance covers businesses such as freight and truck yards, scrap yards, concrete batching plants, construction sites, high-impact manufacturing and processing facilities and outdoor storage sites larger than five acres.
It would require that these businesses submit a fugitive dust plan with Detroit’s Buildings, Safety Engineering, and Environmental Department and allow BSEED to stop a business’ dust-generating activity until adequate plans and control measures are implemented.
The ordinance includes penalties for businesses that fail to cease dust-generating activities, submit timely fugitive dust plans, or fail to implement and comply with dust control measures. These fines range from $500 to $1000 for an initial violation and between $750 and $2000 for subsequent violations.
Ray Duncan, policy advisor to Councilmember Santiago-Romero, told Planet Detroit that the ordinance creates parameters for dust creation and mitigation when it reaches 5% opacity on the premises and more than 0% off the premises. Opacity measures how much visibility is obscured by a plume of dust. The 5% threshold is comparable to state rules for roads, lots, and storage areas, although state permits allow up to 20% opacity in places like grinding mills and conveyor transfer points.
The ordinance also establishes a fugitive dust fund that could receive money from grants, donations and fines. Duncan said these funds may be used for fugitive dust regulation and mitigation efforts.
Real-time monitoring could be key to dust ordinance success
Duncan said that the new ordinance doesn’t require businesses to have monitors.
“Monitors may be a part of mitigation efforts identified in businesses’ Fugitive Dust Plans, but that will be determined on a case-by-case basis by BSEED, to allow for a more targeted and holistic approach to regulation,” he said.
Leonard said monitoring could be key for getting companies to take timely action to limit dust. In contrast, he said that periodic monitoring by officials and fines are the sort of activity businesses could plan for without making substantive reductions to their fugitive dust emissions, including any penalties in their operating budgets.
Instead, Leonard would like to see low-cost, continuous air monitors, like those made by PurpleAir, which could be relatively easy for businesses to monitor particulate matter. He said this could be as simple as placing one monitor on the business’ fence line on the upwind side and one downwind to assess any difference in particulate matter levels that may be caused by dust. The company could then take actions like temporarily pausing operations or using spraying systems to get dust under control.
Chicago provides an example of what this could look like with its rules for bulk material storage, which require a fugitive dust plan that includes air monitors and a contingency plan for response activities when dust surpasses the reportable action level.
Leonard said the goal of such monitoring isn’t necessarily to assess compliance or penalize industry.
“The goal is to make sure that everybody’s getting information so they can take action when those spikes occur,” he said. “If you want to stop pollution, you need that real-time data.”
Those wishing to comment on the proposed ordinance can reach Councilmember Santiago-Romero by email at councilmembergabriela@detroitmi.gov or by phone at 313-224-2450.
A hearing on the proposed ordinance has not yet been scheduled.