Current through August 26, 2024
No person may cause, allow or permit any materials to be
handled, transported or stored without taking precautions to prevent
particulate matter from becoming airborne. Nor may a person allow a structure,
a parking lot, or a road to be used, constructed, altered, repaired, sand
blasted or demolished without taking such precautions.
(1) Such precautions shall include, but not
be limited to:
(a) Use, where possible, of
water or chemicals for control of dust in the demolition of existing buildings
or structures, or construction operations.
(b) Application of asphalt, water, suitable
chemicals or plastic covering on dirt roads, material stockpiles and other
surfaces which can create airborne dust, provided such application does not
create a hydrocarbon, odor or water pollution problem.
(c) Installation and use of hoods, fans, and
air cleaning devices to enclose and vent the areas where dusty materials are
handled.
(d) Covering or securing
of materials likely to become airborne while being moved on public roads,
railroads or navigable waters.
(e)
Conduct of agricultural practices such as tilling of land or application of
fertilizers in such manner as not to create air pollution.
(f) The paving or maintenance of roadway
areas so as not to create air pollution.
(2) In addition to meeting the requirements
of sub. (1), any direct or portable source located in an area identified in s.
NR 415.035(1); and any direct or
portable source located near the areas whose aggregate fugitive dust emissions
may cause an impact on the ambient air quality in the areas equal to or greater
than an annual concentration of one microgram per cubic meter or a maximum
24-hour concentration of 5 micrograms per cubic meter, as determined by the
analysis under ch. NR 401, shall meet the following RACT requirements:
(a) Storage piles having a material transfer
greater than 100 tons in any year are subject to the following requirements:
1. Storage piles of material having a silt
content of 5% to 20% shall be treated with water, surfactants, stabilizers or
chemicals; draped; or enclosed on a minimum of 3 sides. Access areas
surrounding storage piles shall be watered, cleaned or treated with stabilizers
as needed to prevent fugitive dust from vehicle traffic.
2. Storage piles of materials having a silt
content of 20% or more shall be completely enclosed or draped except any part
being worked, loaded or unloaded. Access areas surrounding storage piles shall
be watered, cleaned or treated with stabilizers as needed to prevent fugitive
dust from vehicle traffic.
(b) Materials handling operations are subject
to the following requirements:
1. Materials
handling operations, including but not limited to crushing, grinding, mixing,
screening, compacting, conveying, handling of waste material with more than 5%
silt, and loading and unloading of railcar, truck, ship or barge shall have
fugitive emissions controlled to 20% opacity when wind speeds are less than 25
miles per hour except for 3 minutes in any hour when fugitive emissions may
equal 50% opacity.
2. Any device
used to control fugitive emissions from materials handling operations which has
a discharge to the ambient air shall be controlled equal to or less than 0.20
pounds of particulate matter per 1000 pounds of exhaust gas.
(c) Process fugitive emissions are
subject to the following control requirements:
1. Any device used to control fugitive
particulate emissions from processes which has a discharge to the ambient air
shall be controlled to an exhaust gas concentration equal to or less than 0.20
pounds of particulate matter per 1000 pounds of exhaust gas.
2. Emissions from any building or structure
egress other than a stack shall be controlled such that visible emissions do
not exceed 20% opacity except for 3 minutes in any hour when fugitive emissions
may equal 50% opacity.
(3) In addition to meeting the requirements
of sub. (1), private industrial or commercial trafficable areas, roads and
driveways which are located in or within one mile of an area identified in s.
NR 415.035(1), are 20,000 square feet or
more in total area, are on contiguous property under common ownership or
control, and are subject on 3 separate days during any 14 consecutive day
period to motor vehicle traffic at any point within the roads, driveways or
trafficable areas at a rate equal to or greater than 10 motor vehicles per 60
minute period, shall meet the following RACT requirements:
(a) Be paved with asphalt, concrete or other
material approved by the department, or use other methods of dust control which
the department approves as representing RACT for the particular road, driveway
or trafficable area. The other methods of dust control which may be approved by
the department include but are not limited to periodic application of water or
suitable chemicals. In assessing compliance with this subsection, the
department shall consider the effects of the use of paving or other methods of
dust control upon the rate and volume of surface water runoff and water
quality.
(b) If paved, be kept
reasonably free of material likely to become airborne, through a program of
periodic cleaning.
(4) In
addition to meeting the requirements of sub.(1), any roadway or public
trafficable area which is located in or within one mile of an area identified
in s.
NR 415.035(1) and which is subject on 3
separate days during any 14 consecutive day period to motor vehicle traffic at
any point within the roadway or public trafficable area at a rate equal to or
greater than 10 motor vehicles per 60 minute period shall meet the RACT
requirements of this subsection. For purposes of this subsections, ownership or
control of different portions of a roadway or public trafficable area by
different municipalities, interstate agencies, state agencies or federal
agencies may not be considered in determining the contiguous area of the
roadway or public trafficable area.
(a) If
paved, roadways and public trafficable areas subject to this subsection shall
be kept, through a program of periodic cleaning, reasonably free of material
likely to become airborne. This paragraph does not apply to a public
trafficable area of less than 20,000 contiguous square feet in area unless the
public trafficable area is also a roadway.
(b) If unpaved, roadways and public
trafficable areas subject to this subsection shall be paved with asphalt,
concrete or other material approved by the department, or use other methods of
dust control which the department approves as representing RACT for the
particular roadway or public trafficable area. The other methods of dust
control which may be approved by the department include but are not limited to
periodic application of water or suitable chemicals. In assessing compliance
with this subsection, the department shall consider the effects of the use of
paving or other methods of dust control upon the rate and volume of surface
water runoff and water quality. This paragraph does not apply to roadways or to
public trafficable areas which have less than 20,000 contiguous square feet of
unpaved surface area.
