NR 440.688(1)(1)
Applicability and designation of affected facility. NR 440.688(1)(a)(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.
NR 440.688(1)(am)
(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.
NR 440.688(1)(b)
(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
440.25 is not subject to the provisions of this section.
NR 440.688(1)(c)
(c) Facilities at the following plants are not subject to the provision of this section.
NR 440.688(1)(c)1.
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;
NR 440.688(1)(c)2.
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
NR 440.688(1)(c)3.
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.
NR 440.688(1)(d)1.1. 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.
NR 440.688(1)(d)2.
2. An owner or operator seeking to comply with this paragraph shall submit the information required in
sub. (7) (a).
NR 440.688(1)(d)3.
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).
NR 440.688(1)(e)
(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.
NR 440.688(2)
(2) Definitions. As used in this section, terms not defined in this subsection have the meanings given in
s. NR 440.02.
NR 440.688(2)(a)
(a) “Bagging operation" means the mechanical process by which bags are filled with nonmetallic minerals.
NR 440.688(2)(b)
(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.
NR 440.688(2)(c)
(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.
NR 440.688(2)(e)
(e) “Capacity" means the cumulative rated capacity of all initial crushers that are part of the plant.
NR 440.688(2)(f)
(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.
NR 440.688(2)(g)
(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.
NR 440.688(2)(h)
(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.
NR 440.688(2)(i)
(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.
NR 440.688(2)(j)
(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.
NR 440.688(2)(k)
(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.
NR 440.688(2)(L)
(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.
NR 440.688(2)(m)
(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.
NR 440.688(2)(n)
(n) “Initial crusher" means any crusher into which nonmetallic minerals can be fed without prior crushing in the plant.
NR 440.688(2)(o)
(o) “Nonmetallic mineral" means any of the following minerals or any mixture of which the majority is any of the following minerals:
NR 440.688(2)(o)1.
1. Crushed and broken stone, including limestone, dolomite, granite, traprock, sandstone, quartz, quartzite, marl, marble, slate, shale, oil shale, and shell.
NR 440.688(2)(o)3.
3. Clay including kaolin, fireclay, bentonite, Fuller's earth, Ball clay, and common clay.
NR 440.688(2)(o)6.
6. Sodium compounds, including sodium carbonate, sodium chloride, and sodium sulfate.
NR 440.688(2)(p)
(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).
NR 440.688(2)(q)
(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.
NR 440.688(2)(r)
(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.
NR 440.688(2)(s)
(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).
NR 440.688(2)(t)
(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.
NR 440.688(2)(u)
(u) “Stack emissions" means the particulate matter that is released to the atmosphere from a capture system.
NR 440.688(2)(v)
(v) “Storage bin" means a facility for storage, including surge bins, for nonmetallic minerals prior to further processing or loading.
NR 440.688(2)(w)
(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.
NR 440.688(2)(x)
(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.
NR 440.688(2)(y)
(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.
NR 440.688(2)(ym)
(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.
NR 440.688(2)(z)
(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.
NR 440.688(3)(a)(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:
NR 440.688(3)(a)1.
1. Contain particulate matter in excess of 0.05 g/dscm (0.022 gr/dscf).
NR 440.688(3)(a)2.
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).
NR 440.688(3)(b)
(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).
NR 440.688(3)(c)
(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.
NR 440.688(3)(d)
(d) Truck dumping of nonmetallic minerals into any screening operation, feed hopper, or crusher is exempt from the requirements of this subsection.
NR 440.688(3)(e)
(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:
NR 440.688(3)(e)1.
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).
NR 440.688(3)(e)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).
NR 440.688(3)(f)
(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.
NR 440.688(3)(g)
(g) Owners or operators of multiple storage bins with combined stack emissions shall comply with the emission limits in
par. (a) 1. and
2.
NR 440.688(3)(h)
(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:
NR 440.688(3)(h)1.
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.
NR 440.688(3)(h)2.
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.
NR 440.688(4)(a)(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.
NR 440.688(4)(b)
(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.
NR 440.688(5)
(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:
NR 440.688(5)(a)
(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.
NR 440.688(5)(b)
(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.
NR 440.688(6)(a)(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).
NR 440.688(6)(b)
(b) The owner or operator shall determine compliance with the particulate matter standards in
sub. (3) (a) as follows:
NR 440.688(6)(b)1.
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.
NR 440.688(6)(c)1.1. 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:
NR 440.688(6)(c)1.a.
a. The minimum distance between the observer and the emission source shall be 4.57 meters (15 feet).
NR 440.688(6)(c)1.b.
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.
