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• <br />Section 816.95(a) Continued. <br />On May 16, 1980, the United States District Court for the Diatrict <br />of Columbia remanded 30 CPR Section 816.95 on the grounds that the <br />performance standards articulated by that Regulation went beyond <br />the legislative authorization embodied in the Surface Mining Con- <br />trol and Reclamation Act, Specifically, the Diatrict Court found <br />that "the Secretary's authority to regulate pollution is limited to <br />activities related to erosion." <br />i <br />I • <br />Notwithstanding the remand of this regulation, Kerr Coal has de- <br />scribed in detail in Section 780.15 a comprehensive set of fugitive <br />dust control measures which are mandated by and derived from its <br />emission permits issued by the Colorado Air Quality Control Commis- <br />sion. Kerr Coal will fully comply with these fugitive dust control <br />measures and any other applicable requirements imposed in connec- <br />tion with the amendment of Kerr Coal's existing emission permits. <br />By implementation of these measures, Kerr Coal will effectuate <br />applicable air quality or air resource protection requirements <br />imposed by the Surface Mining Control and Reclamation Act. <br />(b) Control measures. The fugitive dust control measures to be used, <br />depending on applicable Federal and State air quality standards, climate, <br />existing air quality, size of operation, and type of operation, shall <br />include, as necessary, but not be limited, to-- <br />(1) Periodic watering of unpaved roads, with the minimum frequency of <br />watering approved by the regulatory authority; <br />(2) Chemical stabilization of unpaved roads with proper application of <br />nontoxic soil cement or dust palliatives; <br />816-108 <br />