Wisconsin Administrative Code
Department of Natural Resources
NR 400-499 - Environmental Protection - Air Pollution Control
Chapter NR 445 - Control Of Hazardous Pollutants
Subchapter II - Emission Requirements, Review and Notifications for Stationary Sources of Hazardous Air Contaminants
Section NR 445.10 - Control and compliance requirements for the handling and storage of coal

Universal Citation: WI Admin Code ยง NR 445.10

Current through August 26, 2024

(1) APPLICABILITY. This section applies to the owner or operator of any stationary source that handles or stores 1,000 tons or more of coal in any 12 consecutive month period.

(2) REQUIREMENTS FOR OUTDOOR FUGITIVE COAL DUST EMISSIONS. No later than June 30, 2007, the owner or operator of a source that handles coal or maintains a coal storage pile shall achieve compliance with this section by doing all of the following:

(a) Having the ability to control, in a timely manner, outdoor fugitive coal dust emissions in an effort to prevent emissions off the source property.

Note: Examples of measures that would meet the ability to control requirement include active measures such as the application of water or chemical dust suppressants, passive measures such as the use of enclosed delivery or handling systems or solid fencing, or access to third-parties to provide dust suppression, as appropriate. The intent of this section is to allow facilities that suppress dust using water to manage the amount of water applied to avoid potential boiler, handling, or other operational problems, as long as there is sufficient dust control so as not to cause excessive outdoor fugitive coal dust emissions.

(b) Developing and implementing a plan to control outdoor fugitive coal dust emissions in an effort to prevent emissions off the source property. The plan shall include all of the following:
1. Identification of all sources of outdoor fugitive coal dust emissions from coal handling and coal storage piles on the source property.

2. A description of the measures that can be taken to control, in a timely manner, outdoor fugitive coal dust emissions from all sources identified under subd. 1. under the following conditions:
a. Routine operations.

b. Periods of high activity.

c. Periods of increased probability of outdoor fugitive dust emissions.

d. When equipment used to control outdoor fugitive coal dust emissions malfunctions.

Note: Suppliers of coal may want to consult with users in development of the plan to ensure that use of the controls provided for in par. (a) does not result in operational problems at a source combusting coal.

Examples of periods of high activity include periods when the daily handling of coal is much greater than usual, such as when unloading a large number of coal shipments at the close of the shipping season. Examples of periods of increased probability of fugitive coal dust emissions include periods or a combination of periods of drought, freezing weather, or forecasts of high winds exceeding 25 miles per hour.

(c) Keeping records of actions taken to control outdoor fugitive coal dust emissions in accordance with s. NR 439.04(2).

(d) Keeping a copy of the plan and records of all actions taken at the facility for inspection upon request.

(3) REQUIREMENTS FOR NON-FUGITIVE COAL DUST EMISSIONS TO THE AMBIENT AIR. No later than June 30, 2007, the owner or operator subject to this section shall, for any non-fugitive source of coal dust emissions exhausted through a fabric filter to the ambient air, do one of the following:

(a) Limit visible emissions from each source to 10% opacity.

(b) Limit the quantity, concentration or duration of potential to emit emissions of respirable coal dust from all sources so that ambient air concentration off the source property is less than 21.6 mg/m3 for any 24 hour averaging period. The owner or operator may rely on information generated by either the EPA screening or refined dispersion model to demonstrate meeting the concentration in this paragraph.

(4) COMPLIANCE CERTIFICATION. No later than June 30, 2007, the owner or operator of a source subject to this section shall certify the source's compliance status. An owner or operator of a source that has requirements at least as stringent as the requirements in sub. (2) or (3) in a permit or order may so state in his or her certification.

Note: This is a one-time certification. Certification forms may be obtained from, and submitted to:

Wisconsin Department of Natural Resources

Bureau of Air Management

PO Box 7921

Madison WI 53707-7921

Attention: NR 445 Certification form for handling and storage of coal.

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.
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