Register April 2023 No. 808
Chapter NR 415
CONTROL OF PARTICULATE EMISSIONS
NR 415.01 Applicability; purpose.
NR 415.03 General limitations.
NR 415.035 Specific geographic areas for additional particulate emission control.
NR 415.05 Particulate matter emission limits for processes.
NR 415.06 Particulate matter emission limits for fuel burning installations.
NR 415.07 Particulate matter emission limits for incinerators.
NR 415.075 Particulate matter emission limitations for ledge rock quarries and industrial sand mines.
NR 415.076 Particulate matter emission limitations for crushed stone and sand and gravel plants.
NR 415.08 RACT requirements for coking operations.
NR 415.09 Compliance schedule for sources of condensible particulate matter.
NR 415.01(1)(1)
Applicability. This chapter applies to all air contaminant sources which emit particulate matter and to their owners and operators.
NR 415.01(2)
(2) Purpose. This chapter is adopted under ss.
285.11,
285.13 and
285.17, Stats., to categorize particulate matter air contaminant sources and to establish emission limitations for these sources in order to protect air quality.
NR 415.01 Note
Note: Particulate emission limitations are also established in chs.
NR 431 and
440 and ss.
NR 485.05 and
485.055.
NR 415.01 History
History: Cr.
Register, September, 1986, No. 369, eff. 10-1-86; am. (1),
Register, May, 1992, No. 437, eff. 6-1-92
; correction in (2) made under s. 13.93 (2m) (b) 7., Stats.,
Register, December, 1996, No. 492.
NR 415.02
NR 415.02 Definitions. The definitions in ch.
NR 400 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter:
NR 415.02(2)
(2) “Fugitive dust" means solid airborne particles emitted from any source other than a flue or stack.
NR 415.02(3)
(3) “Heatset web offset press" means a type of lithographic press which requires a heated dryer to solidify the printing inks, uses a blanket cylinder to transfer ink from the plate cylinder to the surface to be printed, and prints on a surface which is fed to the press by a continuous roll web.
NR 415.02(5)
(5) “Process weight" means the total weight of all materials that can be introduced into any direct source operation based on the design capacity of the source or a capacity level approved by the department, except liquid fuels, gaseous fuels and air.
NR 415.02(6)
(6) “Public trafficable area" means any trafficable area which is owned, operated, maintained or controlled by a municipality, interstate agency, state agency or federal agency.
NR 415.02(8)
(8) “Roadway areas" means any surface on which motor vehicles travel including, but not limited to, highways, roads, streets, parking areas and driveways.
NR 415.02(9)
(9) “Silt content" means that portion by weight of a particulate material which will pass through a no. 200 (75 ìm) wire sieve as determined by the dry method in ASTM C136-01, incorporated by reference in s.
NR 484.10 (1), or other method approved by the department.
NR 415.02(10)
(10) “Trafficable area" means any area, including but not limited to a parking lot or storage area, which is external to a building or structure, is reasonably capable of being traveled by a motor vehicle, and is accessible to a motor vehicle.
NR 415.02 History
History: Renum. from NR 154.01, cr. (intro.) and (7),
Register, September, 1986, No. 369, eff. 10-1-86; renum. (3) to (9) to be (4) to (10), cr. (3),
Register, April, 1989, No. 400, eff. 5-1-89; am. (intro.) and (9), r. (1), renum. (4) and (7) to be NR 400.02 (60m) and (80m),
Register, May, 1992, No. 437, eff. 6-1-92; am. (9),
Register, April, 1995, No. 472, eff. 5-1-95
; am. (5),
Register, December, 1995, No. 480, eff. 1-1-96; am. (9),
Register, December, 1996, No. 492, eff. 1-1-97; am. (intro.) and (9),
Register, October, 1999, No. 526, eff. 11-1-99;
CR 02-146: am (9)
Register October 2003 No. 574, eff. 11-1-03.
NR 415.03
NR 415.03 General limitations. No person may cause, allow or permit particulate matter to be emitted into the ambient air which substantially contributes to exceeding of an air standard, or creates air pollution.
NR 415.03 History
History: Renum. from NR 154.11 (1),
Register, September, 1986, No. 369, eff. 10-1-86; am.
Register, May, 1992, No. 437, eff. 6-1-92.
NR 415.035
NR 415.035 Specific geographic areas for additional particulate emission control. NR 415.035(1)(a)
(a) A portion of the city of Beloit within a line extending from the intersection of the Chicago and Northwestern railroad tracks and the body of water identified as Lennigan creek, east to the intersection of Washburn avenue and Wisconsin avenue, south on Wisconsin avenue to the intersection of Wisconsin avenue and Grand avenue, continuing southeast on Grand avenue to the intersection of Grand avenue and Dearborn avenue, continuing south on Dearborn avenue to the intersection of Dearborn avenue and the Wisconsin-Illinois border, west along the Wisconsin-Illinois border to the intersection of the Wisconsin-Illinois border and the Chicago and Northwestern railroad tracks, and north along the Chicago and Northwestern railroad tracks to the body of water
identified as Lennigan creek.
NR 415.035(1)(b)
(b) A portion of the city of Milwaukee within a line extending from the intersection of 55
th street and Center street east on Center street to the shoreline of Lake Michigan, south along the shoreline of Lake Michigan to a point east of Morgan avenue, west to Morgan avenue, continuing west along Morgan avenue to the intersection of Morgan avenue and 6
th street, north on 6
th street to Oklahoma avenue, west on Oklahoma avenue to 55
th street, and north on 55
th street to Center street.
NR 415.035(1)(c)
(c) A portion of the city of Waukesha within a line extending from the intersection of North street and an extension of Margaret street, east to Margaret street, continuing along Margaret street to the intersection of Margaret street and Highland boulevard, south on Highland boulevard to the intersection of Highland boulevard and Moreland boulevard, southwest on Moreland boulevard to the intersection of Moreland boulevard and Waukesha avenue, south on Waukesha avenue extended to the intersection of Main street and the railroad tracks and Arcadian avenue, west on Arcadian avenue to the intersection of Arcadian avenue and East avenue, north on East avenue to the intersection of East avenue and Buckley street, northwest across the Fox river to Union street, continuing northwest on Union street to the intersection of Union street and North street, and northeast on North street to the extension of Margaret street.
NR 415.035 History
History: CR 01-002: cr.
Register October 2001 No. 550, eff. 11-1-01.
NR 415.04
NR 415.04 Fugitive dust. 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.
NR 415.04(1)
(1) Such precautions shall include, but not be limited to:
NR 415.04(1)(a)
(a) Use, where possible, of water or chemicals for control of dust in the demolition of existing buildings or structures, or construction operations.
NR 415.04(1)(b)
(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.
NR 415.04(1)(c)
(c) Installation and use of hoods, fans, and air cleaning devices to enclose and vent the areas where dusty materials are handled.
NR 415.04(1)(d)
(d) Covering or securing of materials likely to become airborne while being moved on public roads, railroads or navigable waters.
NR 415.04(1)(e)
(e) Conduct of agricultural practices such as tilling of land or application of fertilizers in such manner as not to create air pollution.
NR 415.04(1)(f)
(f) The paving or maintenance of roadway areas so as not to create air pollution.
NR 415.04(2)
(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:
NR 415.04(2)(a)
(a) Storage piles having a material transfer greater than 100 tons in any year are subject to the following requirements:
NR 415.04(2)(a)1.
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.
NR 415.04(2)(a)2.
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.
NR 415.04(2)(b)
(b) Materials handling operations are subject to the following requirements:
NR 415.04(2)(b)1.
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.
NR 415.04(2)(b)2.
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.
NR 415.04(2)(c)
(c) Process fugitive emissions are subject to the following control requirements:
NR 415.04(2)(c)1.
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.
NR 415.04(2)(c)2.
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.
NR 415.04(3)
(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:
NR 415.04(3)(a)
(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.
NR 415.04(3)(b)
(b) If paved, be kept reasonably free of material likely to become airborne, through a program of periodic cleaning.
NR 415.04(4)
(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.
