Wisconsin Administrative Code
Department of Natural Resources
NR 400-499 - Environmental Protection - Air Pollution Control
Chapter NR 415 - Control Of Particulate Emissions
Section NR 415.075 - Particulate matter emission limitations for ledge rock quarries and industrial sand mines
Universal Citation: WI Admin Code ยง NR 415.075
Current through August 26, 2024
(1) APPLICABILITY.
(a) Except as provided in par.
(b), the provisions of this section are applicable to the following operations
and emission points in ledge rock quarries and industrial sand mines: blasting,
drilling, roads, storage piles and use of haul trucks.
(b) Operations at any of the following ledge
rock quarries and industrial sand mines are not subject to the provisions of
subs. (2) to (4):
1. Ledge rock quarries with
actual production of less than 25,000 tons per month on a rolling 12 month
average.
2. Ledge rock quarries
with actual operation of less than 365 days per 5 year period.
3. Industrial sand mines with actual
production of less than 2,000 tons per month on a rolling 12 month
average.
(c) When a ledge
rock quarry or industrial sand mine is operated by more than one owner or
operator, then actual production and actual operation shall be cumulative at
the site. The applicable particulate emissions limitations of this section
shall be applicable to all subsequent operators or owners at that
site.
(2) PARTICULATE EMISSION LIMITATIONS IN ALL AREAS OF THE STATE.
(a) No person may cause, allow or permit the
use of any parking lot, road or other area by haul trucks or any drilling or
blasting without taking precautions to prevent particulate matter from becoming
airborne. These precautions shall be taken to the extent necessary so that any
applicable requirements are met and shall include one or more of the following:
1. Application of asphalt, water or suitable
chemicals on unpaved roads or other areas used by haul trucks which can create
airborne dust, provided the application does not create a hydrocarbon, odor or
water pollution problem.
2. Posting
and maintenance of a 10 MPH speed limit on paved or unpaved roads or other
areas used by haul trucks inside the facility's property line.
3. Covering, treatment or securing of
materials likely to become airborne from haul trucks during transport, prior to
any transportation off site from the quarry or mine.
4. Use of wet drilling or other means of
control approved by the department.
5. The use of blast hole stemming materials
that have been approved by either the department or the department of safety
and professional services.
6. Any
precautions proposed by the owner or operator and accepted by the department in
a permit or fugitive dust control plan.
7. Use of no precautions where control
measures are unnecessary due to site or meteorological conditions.
(b) In addition to meeting the
requirements of par. (a), the owner or operator shall control fugitive
emissions from a road or other area used by haul trucks and from drilling so
that visible emissions do not exceed 20% opacity at the source.
(c) The owner or operator shall submit to the
department the fugitive dust control plan described in sub.
(6).
(3) PARTICULATE EMISSIONS LIMITATIONS FOR OPERATIONS IN SPECIFIC GEOGRAPHIC AREAS. In addition to meeting the limitations of sub. (2), the owner or operator of any ledge rock quarry or industrial sand mine located in an area identified in s. NR 415.035(1) shall do all of the following:
(a) Prior
to a haul truck's departure from plant property, the haul truck's wheels and
tires shall be sprayed with water or otherwise cleaned at the exit point from
plant property.
(b) Storage piles
of material having a silt content of greater than 5% shall be treated with
water, surfactants, stabilizers or chemicals; draped; or enclosed on a minimum
of 3 sides. The height of enclosure shall ensure that excessive fugitive dust
emissions are prevented. Access areas surrounding storage piles shall be
watered, cleaned or treated with stabilizers as needed to prevent fugitive dust
from vehicle traffic.
(c) Emissions
from all fugitive sources related to the operation of the quarry shall be
controlled so that no visible emissions from these sources, as measured using
Method 22 in Appendix A of 40 CFR part 60, incorporated by reference in s. NR 484.04 (18), cross the facility's property line.
(d) Emissions from activities not associated
with processing equipment, including but not limited to roads, other areas used
by haul trucks, storage piles and drilling, shall be controlled so that visible
emissions do not exceed 5% opacity at the source.
(e) Roads and other areas used by haul trucks
shall be paved with asphalt, concrete or other material approved by the
department, or treated by other methods of dust control which the department
approves for the particular road, driveway or trafficable area so that the
visible emissions limits of pars. (c) and (d) are met. 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 provided the application
does not create a hydrocarbon, odor or water pollution problem. In reviewing
and approving other materials or methods for 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. All roads and other areas, if paved, shall be kept free of material
likely to become airborne, through a program of periodic cleaning.
(4) AMBIENT AIR MONITORING.
(a) Except as provided in par. (b), the owner
or operator of any operation subject to the provisions of this section shall
set up, operate and report the results obtained with a particulate matter
ambient air monitoring system. The monitoring system shall comply with all of
the following requirements:
1. A plan that
describes the ambient air monitoring program shall be submitted to the
department within 30 days of the date of issuance of a permit under ch. NR 406
or 407.
2. The department shall
review the plan to determine whether it will provide accurate and reliable
monitoring at the operation site. Department approval, conditional approval or
disapproval of any ambient air monitoring plan shall be completed within 60
days of receipt of the plan.
3.
Monitoring for particulate matter shall be conducted for a 24-hour period on
the 6 day schedule established by the U.S. environmental protection agency, or
more frequently if required by the department. The department shall specify the
schedule in the approved plan.
4.
Monitoring results shall be submitted to the department on a monthly basis.
Results for each month shall be postmarked or received by the department no
later than the last day of the following month.
5. The owner or operator shall start
monitoring by 120 days from the date of permit issuance under ch. NR 407 or as
specified in the ambient air monitoring plan for any source subject to the
permit requirements of ch. NR 406.
(b) The owner or operator of a source may
apply for, and the department may grant, a variance from the monitoring
requirements of this subsection if the applicant demonstrates that the general
public will not be exposed to significant levels of particulate matter from the
source, and that the source's emissions units and processes are controlled to a
level which meets all applicable requirements. The department may review any
variance granted under this paragraph on a biennial basis. Following its
review, the department may modify, extend or rescind the variance.
(5) RECORDKEEPING. Each owner or operator of any ledge rock quarry or industrial sand mine shall keep the following records. Recordkeeping and access to these records shall be in accordance with ss. NR 439.03 to 439.05.
(a)
Records of actual operation on a monthly basis.
(b) Records of actual production on a monthly
basis.
(6) FUGITIVE DUST CONTROL PLAN.
(a) Each owner or operator of
any ledge rock quarry or industrial sand mine shall prepare a fugitive dust
control plan to prevent, detect and correct malfunctions, equipment failures or
other circumstances which may cause any applicable emission limitation to be
violated or which may cause air pollution. The plan shall be in writing, and
updated as needed, and shall include all of the following:
1. Identification of the individual
responsible for implementing the fugitive dust control plan.
2. The maximum intervals for inspection and
routine maintenance of fugitive dust control equipment, including a description
of the items or conditions that will be checked.
3. Schedules for watering, treating or
periodic cleaning of roads, trafficable areas and storage piles.
4. A listing of materials, equipment and
spare parts that will be maintained in inventory.
5. Other information as the department may
deem pertinent.
(b) The
department may order any owner or operator to submit the plan required by par.
(a) to the department for review. The department may request any owner or
operator to amend the plan if deemed necessary for malfunction prevention or
the reduction of excess emissions.
(c) No owner or operator may fail to
implement the plan required under par. (a) or as amended under par. (b).
(d) All air pollution control
equipment shall be operated and maintained in conformance with good engineering
practices to minimize the possibility for the exceedance of any emission
limitations.
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