Wisconsin Administrative Code
Department of Natural Resources
NR 400-499 - Environmental Protection - Air Pollution Control
Chapter NR 440 - Standards of performance for new stationary sources
Subchapter II - Standards of Performance
Section NR 440.688 - Nonmetallic mineral processing plants
Universal Citation: WI Admin Code ยง NR 440.688
Current through August 26, 2024
(1) APPLICABILITY AND DESIGNATION OF AFFECTED FACILITY.
(a)
Except as provided in pars. (am) and (b) to (d), the provisions of this section
are applicable to the following affected facilities in fixed or portable
nonmetallic mineral processing plants; each crusher, grinding mill, screening
operation, bucket elevator, belt conveyor, bagging operation, storage bin,
enclosed truck or railcar loading station. Also, crushers and grinding mills at
hot mix asphalt facilities that reduce the size of nonmetallic minerals
embedded in recycled asphalt pavement and subsequent affected facilities up to,
but not including, the first storage silo or bin are subject to the provisions
of this section.
(am) The
provisions of this section do not apply to facilities located in underground
mines, or to stand-alone screening operations at plants without crushers or
grinding mills.
(b) An affected
facility that is subject to the provisions of s.
NR 440.22
or 440.25 or that follows in the plant
process any facility subject to the provisions of s.
NR 440.22
or is not 440.25 subject to the provisions of this section.
(c) Facilities at the following plants are
not subject to the provision of this section.
1. Fixed sand and gravel plants and crushed
stone plants with capacities, as defined in sub. (2), of 23 megagrams per hour
(25 tons per hour) or less;
2.
Portable sand and gravel plants and crushed stone plants with capacities, as
defined in sub. (2), of 136 megagrams per hour (150 tons per hour) or less;
and
3. Common clay plants and
pumice plants with capacities, as defined in sub. (2), of 9 megagrams per hour
(10 tons per hour) or less.
(d)
1. When
an existing facility is replaced by a piece of equipment of equal or smaller
size, as defined in sub. (2) having the same function as the existing facility,
the new facility is exempt from the provisions of subs. (3), (5) and (6) except
as provided for in subd. 3.
2. An
owner or operator seeking to comply with this paragraph shall submit the
information required in sub. (7) (a).
3. An owner or operator replacing all
existing facilities in a production line with new facilities does not qualify
for the exemption described in subd. 1. and shall comply with the provisions of
subs. (3), (5) and (6).
(e) An affected facility under par. (a) that
commences construction, reconstruction, or modification after August 31, 1983
is subject to the requirements of this section.
(2) DEFINITIONS. As used in this section, terms not defined in this subsection have the meanings given in s. NR 440.02.
(a) "Bagging
operation" means the mechanical process by which bags are filled with
nonmetallic minerals.
(b) "Belt
conveyor" means a conveying device that transports material from one location
to another by means of an endless belt that is carried on a series of idlers
and routed around a pulley at each end.
(c) "Bucket elevator" means a conveying
device of nonmetallic minerals consisting of a head and foot assembly which
supports and drives an endless single or double strand chain or belt to which
buckets are attached.
(d)
"Building" means any frame structure with a roof.
(e) "Capacity" means the cumulative rated
capacity of all initial crushers that are part of the plant.
(f) "Capture system" means the equipment
(including enclosures, hoods, ducts, fans, dampers, etc.) used to capture and
transport particulate matter generated by one or more process operations to a
control device.
(g) "Control
device" means the air pollution control equipment used to reduce particulate
matter emissions released to the atmosphere from one or more process operations
at a nonmetallic mineral processing plant.
(h) "Conveying system" means a device for
transporting materials from one piece of equipment or location to another
location within a plant. Conveying systems include but are not limited to the
following: Feeders, belt conveyors, bucket elevators and pneumatic
systems.
(i) "Crusher" means a
machine used to crush any nonmetallic minerals, and includes, but is not
limited to the following types: jaw, gyratory, cone, roll, rod mill, hammermill
and impactor.
(j) "Enclosed truck
or railcar loading station" means that portion of a nonmetallic mineral
processing plant were nonmetallic minerals are loaded by an enclosed conveying
system into enclosed trucks or railcars.
(k) "Fixed plant" means any nonmetallic
mineral processing plant at which the processing equipment specified in sub.
(1) (a) is attached by a cable, chain, turnbuckle, bolt or other means (except
electrical connections) to any anchor, slab, or structure including bedrock.
(L) "Fugitive emission" means
particulate matter that is not collected by a capture system and is released to
the atmosphere at the point of generation.
(m) "Grinding mill" means a machine used for
the wet or dry fine crushing of any nonmetallic mineral. Grinding mills
include, but are not limited to, the following types: hammer, roller, rod,
pebble and ball, and fluid energy. The grinding mill includes the air conveying
system, air separator, or air classifier, where such systems are
used.
(n) "Initial crusher" means
any crusher into which nonmetallic minerals can be fed without prior crushing
in the plant.
(o) "Nonmetallic
mineral" means any of the following minerals or any mixture of which the
majority is any of the following minerals:
1.
Crushed and broken stone, including limestone, dolomite, granite, traprock,
sandstone, quartz, quartzite, marl, marble, slate, shale, oil shale, and
shell.
2. Sand and
gravel.
3. Clay including kaolin,
fireclay, bentonite, Fuller's earth, Ball clay, and common clay.
4. Rock salt.
5. Gypsum.
6. Sodium compounds, including sodium
carbonate, sodium chloride, and sodium sulfate.
7. Pumice.
8. Gilsonite.
9. Talc and pyrophyllite.
10. Boron, including borax, kernite, and
colemanite.
11. Barite.
12. Fluorospar.
13. Feldspar.
14. Diatomite.
15. Perlite.
16. Vermiculite.
17. Mica.
18. Kyanite, including andalusite,
sillimanite, topaz, and dumortierite.
(p) "Nonmetallic mineral processing plant"
means any combination of equipment that is used to crush or grind any
nonmetallic mineral wherever located including lime plants, power plants, steel
mills, asphalt concrete plants, portland cement plants, or any other facility
processing nonmetallic minerals except as provided in sub. (1) (b) and (c).
(q) "Portable plant" means any
nonmetallic mineral processing plant that is mounted on any chassis or skids
and may be moved by the application of a lifting or pulling force. In addition,
there may be no cable, chain, turnbuckle, bolt or other means (except
electrical connections) by which any piece of equipment is attached or clamped
to any anchor, slab, or structure, including bedrock, that must be removed
prior to the application of a lifting or pulling force for the purpose of
transporting the unit.
(r)
"Production line" means all affected facilities (crushers, grinding mills,
screening operations, bucket elevators, belt conveyors, bagging operations,
storage bins, and enclosed truck and railcar loading stations) which are
directly connected or are connected together by a conveying system.
(s) "Screening operation" means a device for
separating material according to size by passing undersize material through one
or more mesh surfaces (screens) in series, and retaining oversize material on
the mesh surfaces (screens).
(t)
"Size" means the rated capacity in tons per hour of a crusher, grinding mill,
bucket elevator, bagging operation, or enclosed truck or railcar loading
station; the total surface area of the top screen of a screening operation; the
width of a conveyor belt; and the rated capacity in tons of a storage
bin.
(u) "Stack emissions" means
the particulate matter that is released to the atmosphere from a capture
system.
(v) "Storage bin" means a
facility for storage, including surge bins, for nonmetallic minerals prior to
further processing or loading.
(w)
"Transfer point" means a point in a conveying operation where the nonmetallic
mineral is transferred to or from a belt conveyor except where the nonmetallic
mineral is being transferred to a stockpile.
(x) "Truck dumping" means the unloading of
nonmetallic minerals from movable vehicles designed to transport nonmetallic
minerals from one location to another. Movable vehicles include but are not
limited to: trucks, front end loaders, skip hoists, and railcars.
(y) "Vent" means an opening through which
there is mechanically induced air flow for the purpose of exhausting from a
building air carrying particulate matter emissions from one or more affected
facilities.
(ym) "Wet mining
operation" means a mining or dredging operation designed and operated to
extract any nonmetallic mineral regulated under this section from deposits
existing at or below the water table, where the nonmetallic mineral is
saturated with water.
(z) "Wet
screening operation" means a screening operation at a nonmetallic mineral
processing plant that removes unwanted material or that separates marketable
fines from the product by a washing process which is designed and operated at
all times such that the product is saturated with water.
(3) STANDARD FOR PARTICULATE MATTER.
(a) On and after the date on which the
performance test required to be conducted by s.
NR 440.08 is
completed, no owner or operator subject to the provisions of this section may
cause to be discharged into the atmosphere from any transfer point on belt
conveyors or from any other affected facility any stack emissions which meet
both of the following criteria:
1. Contain
particulate matter in excess of 0.05 g/dscm (0.022 gr/dscf).
2. Exhibit greater than 7% opacity, unless
the stack emissions are discharged from an affected facility using a wet
scrubbing control device. Facilities using a wet scrubber shall comply with the
reporting provisions of sub. (7) (c) to (e).
(b) On and after the sixtieth day after
achieving the maximum production rate at which the affected facility will be
operated, but not later than 180 days after initial startup as required under
s.
NR 440.11, no owner or operator subject to the provisions
of this section may cause to be discharged into the atmosphere from any
transfer point on belt conveyors or from any other affected facility any
fugitive emissions which exhibit greater than 10% opacity except as provided in
pars. (c) to (e).
(c) On and after
the sixtieth day after achieving the maximum production rate at which the
affected facility will be operated, but not later than 180 days after initial
startup as required under s.
NR 440.11, no owner or operator may cause to be
discharged into the atmosphere from any crusher, at which a capture system is
not used, fugitive emissions which exhibit greater than 15% opacity.
(d) Truck dumping of nonmetallic minerals
into any screening operation, feed hopper, or crusher is exempt from the
requirements of this subsection.
(e) If any transfer point on a conveyor belt
or any other affected facility is enclosed in a building, then each enclosed
affected facility shall comply with the emission limits in pars. (a), (b) and
(c), or the building enclosing the affected facility or facilities shall comply
with the following emission limits:
1. No
owner or operator may cause to be discharged into the atmosphere from any
building enclosing any transfer point on a conveyor belt or any other affected
facility any visible fugitive emissions except emissions from a vent as defined
in sub. (2).
2. No owner or
operator may cause to be discharged into the atmosphere from any vent of any
building enclosing any transfer point on a conveyor belt or any other affected
facility emissions which exceed the stack emissions limits in par.
(a).
(f) On and after
the sixtieth day after achieving the maximum production rate at which the
affected facility will be operated, but not later than 180 days after initial
startup as required under s.
NR 440.11, no owner or operator may cause to be
discharged into the atmosphere from any baghouse that controls emissions from
only an individual, enclosed storage bin, stack emissions which exhibit greater
than 7% opacity.
(g) Owners or
operators of multiple storage bins with combined stack emissions shall comply
with the emission limits in par. (a) 1. and 2.
(h) On and after the sixtieth day after
achieving the maximum production rate at which the affected facility will be
operated, but not later than 180 days after initial startup, no owner or
operator may cause to be discharged into the atmosphere any visible emissions
from:
1. Wet screening operations and
subsequent screening operations, bucket elevators, and belt conveyors that
process saturated material in the production line up to the next crusher,
grinding mill or storage bin.
2.
Screening operations, bucket elevators, and belt conveyors in the production
line downstream of wet mining operations, where the screening operations,
bucket elevators, and belt conveyors process saturated materials up to the
first crusher, grinding mill or storage bin in the production line.
(4) RECONSTRUCTION.
(a) The cost of replacement of ore-contact
surfaces on processing equipment may not be considered in calculating either
the "fixed capital cost of the new components" or the "fixed capital cost that
would be required to construct a comparable new facility" under s.
NR 440.15. Ore-contact surfaces are crushing surfaces;
screen meshes, bars, and plates; conveyor belts; and elevator
buckets.
(b) Under s.
NR 440.15, the "fixed capital cost of the new components"
includes the fixed capital cost of all depreciable components (except
components specified in par. (a) which are or will be replaced pursuant to all
continuous programs of component replacement commenced within any 2-year period
following August 31, 1983.
(5) MONITORING OF OPERATIONS. The owner or operator of any affected facility subject to the provisions of this section which uses a wet scrubber to control emissions shall install, calibrate, maintain and operate the following monitoring devices:
(a) A device for the continuous measurement
of the pressure loss of the gas stream through the scrubber. The monitoring
device shall be certified by the manufacturer to be accurate within " 250
pascals (" 1 inch water) gauge pressure and shall be calibrated on an annual
basis in accordance with manufacturer's instructions.
(b) A device for the continuous measurement
of the scrubbing liquid flow rate to the wet scrubber. The monitoring device
shall be certified by the manufacturer to be accurate within " 5% of design
scrubbing liquid flow rate and shall be calibrated on an annual basis in
accordance with manufacturer's instructions.
(6) TEST METHODS AND PROCEDURES.
(a) In conducting the performance tests
required in s.
NR 440.08, the
owner or operator shall use as reference methods and procedures the test
methods in Appendix A of 40 CFR part 60, incorporated by reference in s.
NR 440.17, or other methods and procedures as specified
in this subsection, except as provided in s.
NR 440.08(2). Acceptable alternative
methods and procedures are given in par. (e).
(b) The owner or operator shall determine
compliance with the particulate matter standards in sub. (3) (a) as follows:
1. Method 5 or Method 17 shall be used to
determine the particulate matter concentration. The sample volume shall be at
least 1.70 dscm (60 dscf). For Method 5, if the gas stream being sampled is at
ambient temperature, the sampling probe and filter may be operated without
heaters. If the gas stream is above ambient temperature, the sampling probe and
filter may be operated at a temperature high enough, but no higher than
121°C (250°F), to prevent water condensation on the filter.
2. Method 9 and the procedures in s.
NR 440.11 shall be used to determine opacity.
(c)
1. In determining compliance with the
particulate matter standards in sub. (3) (b) and (c), the owner or operator
shall use Method 9 and the procedures in s.
NR 440.11, with the following additions:
a. The minimum distance between the observer
and the emission source shall be 4.57 meters (15 feet).
b. The observer shall, when possible, select
a position that minimizes interference from other fugitive emission sources,
for example, road dust. The required observer position relative to the sun
(Method 9, Section 2.1) shall be followed.
c. For affected facilities using wet dust
suppression for particulate matter control, a visible mist is sometimes
generated by the spray. The water mist may not be confused with particulate
matter emissions and is not to be considered a visible emission. When a water
mist of this nature is present, the observation of emission is to be made at a
point in the plume where the mist is no longer visible.
2. In determining compliance with the opacity
of stack emissions from any baghouse that controls emissions only from an
individual enclosed storage bin under sub. (3) (f), using Method 9, the
duration of Method 9 observations shall be one hour (10 6-minute
averages).
3. When determining
compliance with the fugitive emission standard for any affected facility
described under sub. (3) (b), the duration of the Method 9 observations may be
reduced from 3 hours (30 6-minute averages) to one hour (10 6-minute averages)
only if both of the following conditions apply:
a. There are no individual readings greater
than 10% opacity.
b. There are no
more than 3 readings of 10% for the 1-hour period.
4. When determining compliance with the
fugitive emissions standard for any crusher at which a capture system is not
used as described under sub. (3) (c), the duration of the Method 9 observations
may be reduced from 3 hours (30 6-minute averages) to one hour (10 6-minute
averages) only if both of the following conditions apply:
a. There are no individual readings greater
than 15% opacity.
b. There are no
more than 3 readings of 15% for the 1-hour period.
(d) In determining compliance with
sub. (3) (e), the owner or operator shall use Method 22 to determine fugitive
emissions. The performance test shall be conducted while all affected
facilities inside the building are operating. The performance test for each
building shall be at least 75 minutes in duration, with each side of the
building and the roof being observed for at least 15 minutes.
(e) The owner or operator may use the
following as alternatives to the reference methods and procedures specified in
this subsection:
1. For the method and
procedure of par. (c), if emissions from 2 or more facilities continuously
interfere so that the opacity of fugitive emissions from an individual affected
facility cannot be read, either of the following procedures may be used:
a. Use for the combined emission stream the
highest fugitive opacity standard applicable to any of the individual affected
facilities contributing to the emission stream.
b. Separate the emissions so that the opacity
of emissions from each affected facility can be read.
(f) To comply with sub. (7) (d),
the owner or operator shall record the measurements as required in sub. (7) (c)
using the monitoring devices in sub. (5) (a) and (b) during each particulate
matter run and shall determine the averages.
(g) If, after 30 days notice for an initially
scheduled performance test, there is a delay (due to operational problems,
etc.) in conducting any rescheduled performance test, the owner or operator of
an affected facility shall submit a notice to the department at least 7 days
prior to any rescheduled performance test.
(h) Initial Method 9 performance tests under
s.
NR 440.11 and this subsection are not required for:
1. Wet screening operations and subsequent
screening operations, bucket elevators and belt conveyors that process
saturated material in the production line up to, but not including, the next
crusher, grinding mill or storage bin.
2. Screening operations, bucket elevators and
belt conveyors in the production line downstream of wet mining operations, that
process saturated materials up to the first crusher, grinding mill or storage
bin in the production line.
(7) REPORTING AND RECORDKEEPING.
(a) Each owner or operator seeking to comply
with sub. (1) (d) shall submit to the department the following information
about the existing facility being replaced and the replacement piece of
equipment.
1. For a crusher, grinding mill,
bucket elevator, bagging operation, or enclosed truck or railcar loading
station, both of the following:
a. The rated
capacity in megagrams or tons per hour of the existing facility being
replaced,.
b. The rated capacity in
megagrams or tons per hour of the replacement equipment.
2. For a screening operation:
a. The total surface area of the top screen
of the existing screening operation being replaced, and
b. The total surface area of the top screen
of the replacement screening operation.
3. For a conveyor belt:
a. The width of the existing belt being
replaced and
b. The width of the
replacement conveyor belt.
4. For a storage bin, both of the following:
a. The rated capacity in megagrams or tons of
the existing storage bin being replaced.
b. The rated capacity in megagrams or tons of
replacement storage bins.
(c) During the initial performance test of a
wet scrubber, and daily thereafter, the owner or operator shall record the
measurement of both the change in pressure of the gas stream across the
scrubber and the scrubbing liquid flow rate.
(d) After the initial performance test of a
wet scrubber, the owner or operator shall submit semiannual reports to the
department of occurrences when the measurements of the scrubber pressure loss
(or gain) and liquid flow rate differ by more than " 30% for the average
determined during the most recent performance test.
(e) The reports required under par. (d) shall
be postmarked within 30 days following end of the second and fourth calendar
quarters.
(f) The owner or operator
of any affected facility shall submit written reports of the results of all
performance tests conducted to demonstrate compliance with the standards set
forth in sub. (3) including reports of opacity observations made using Method
9, 40 CFR part 60, Appendix A, incorporated by reference in s.
NR 440.17(1), to demonstrate compliance
with sub. (3) (b), (c) and (f) and reports of observations using Method 22, 40
CFR part 60, Appendix A, incorporated by reference in s.
NR 440.17(1), to demonstrate compliance
with sub. (3) (e).
(g) The owner or
operator of any screening operation, bucket elevator or belt conveyor that
processes saturated material and is subject to sub. (3) (h) and subsequently
processes unsaturated materials, shall submit a report of this change within 30
days following the change. The screening operation, bucket elevator or belt
conveyor is then subject to the 10% opacity limit in sub. (3) (b) and the
emission test requirements of s.
NR 440.11. A screening operation, bucket elevator or belt
conveyor that processes unsaturated material but subsequently processes
saturated material shall submit a report of this change within 30 days
following the change. The screening operation, bucket elevator or belt conveyor
is then subject to the no-visible-emission limit in sub. (3) (h).
(i) A notification of the actual date of
initial startup of each affected facility shall be submitted to the department.
1. For a combination of affected facilities
in a production line that begin actual initial startup on the same day, a
single notification of startup may be submitted by the owner or operator to the
department. The notification shall be postmarked within 15 days after the date
and shall include a description of each affected facility, equipment
manufacturer and serial number of the equipment, if available.
2. For portable aggregate processing plants,
the notification of the actual date of initial startup shall include both the
home office and the current address or location of the portable
plant.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.