Chapter NR 415

NR 415.035(1)(b) (b) A portion of the city of Milwaukee within a line extending from the intersection of 55th 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 6th street, north on 6th street to Oklahoma avenue, west on Oklahoma avenue to 55th street, and north on 55th 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(2) (2) Direct or portable source control areas. The requirements of ss. NR 415.05 (3), 415.06 (3) and (4) and 415.075 (3) apply for the following areas:

NR 415.035(2)(a) (a) The portion of the city of Beloit within the boundaries specified in sub. (1) (a).

NR 415.035(2)(b) (b) The portion of the city of Milwaukee within the boundaries specified in sub. (1) (b).

NR 415.035(2)(c) (c) The portion of the city of Waukesha within the boundaries specified in sub. (1) (c).

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.

NR 415.04(4)(a) (a) If paved, roadways and public trafficable areas subject to this subsection shall be kept, through a program of periodic cleaning, reasonably free of material likely to become airborne. This paragraph does not apply to a public trafficable area of less than 20,000 contiguous square feet in area unless the public trafficable area is also a roadway.

NR 415.04(4)(b) (b) If unpaved, roadways and public trafficable areas subject to this subsection shall 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 roadway or public 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. This paragraph does not apply to roadways or to public trafficable areas which have less than 20,000 contiguous square feet of unpaved surface area.

NR 415.04 History History: Renum. from NR 154.11 (2) and am. Register, September, 1986, No. 369, eff. 10-1-86; am. (intro.), (1) (f) and (2) (c) 2., Register, May, 1992, No. 437, eff. 6-1-92; am. (1) (b), (2) (a) (intro.), (b) (intro.), and (c) (intro.), (3) (a) and (4) (b), Register, December, 1995, No. 480, eff. 1-1-96; am. (4) (a) and (b), Register, October, 1999, No. 526, eff. 11-1-99; CR 01-002: am. (2) (intro.), (3) (intro.) and (a), (4) (intro.) and (b), r. (5), Register October 2001 No. 550, eff. 11-1-01.

NR 415.05 NR 415.05 Particulate matter emission limits for processes. No person may cause, allow or permit the emission of particulate matter to the ambient air from a direct or portable source involving a process in excess of the following limitations:

NR 415.05(1) (1) All direct and portable sources on which construction or modification was commenced on or before April 1, 1972 shall meet the emission limitations of this subsection.

NR 415.05(1)(a) (a) Cupolas melting more than 200 tons of metal in any year: 0.45 pounds of particulate matter per 1,000 pounds of gas.

NR 415.05(1)(b) (b) Electric arc or induction furnaces: 0.10 pounds of particulate matter per 1,000 pounds of gas.

NR 415.05(1)(c) (c) Open hearth furnaces: 0.20 pounds of particulate matter per 1,000 pounds of gas.

NR 415.05(1)(d) (d) Basic oxygen furnaces: 0.10 pounds of particulate matter per 1,000 pounds of gas.

NR 415.05(1)(e) (e) Sintering plants: 0.20 pounds of particulate matter per 1,000 pounds of gas.

NR 415.05(1)(f) (f) Air melting furnaces: 0.30 pounds of particulate matter per 1,000 pounds of gas.

NR 415.05(1)(g) (g) Heating or preheating furnaces: 0.30 pounds of particulate matter per 1,000 pounds of gas.

NR 415.05(1)(h) (h) Blast furnaces: 0.20 pounds of particulate matter per 1,000 pounds of gas.

NR 415.05(1)(i) (i) Asphalt, concrete or aggregate mix plants: 0.30 pounds of particulate matter per 1,000 pounds of gas.

NR 415.05(1)(j) (j) Cement kilns: 0.20 pounds of particulate matter per 1,000 pounds of gas.

NR 415.05(1)(k) (k) Lime kilns: 0.20 pounds of particulate matter per 1,000 pounds of gas.

NR 415.05(1)(L) (L) Cement klinker coolers: 0.30 pounds of particulate matter per 1,000 pounds of gas.

NR 415.05(1)(m) (m) Grinding, drying, mixing, conveying, sizing or blending: 0.20 pounds of particulate matter per 1,000 pounds of gas.

NR 415.05(1)(n) (n) Grain processing or handling: 0.40 pounds of particulate matter per 1,000 pounds of gas.

NR 415.05(1)(o) (o) Any other process not enumerated: 0.40 pounds of particulate matter per 1,000 pounds of gas.

NR 415.05(2) (2) All direct and portable sources on which construction or modification is commenced after April 1, 1972 shall meet the emission limitations of this subsection. The allowable emissions of particulate matter are calculated by the use of the equation

for process weight rates up to 60,000 pounds per hour and by use of the equation

for process weight rates of 60,000 pounds per hour or more, where E is the allowable emissions in pounds per hour and P is the process weight rate in tons per hour. If the calculated emission rate is less restrictive than the applicable concentration specified under sub. (1) based on the maximum exhaust flow rate and normal exhaust gas temperature, the limitation under sub. (1) shall apply.

NR 415.05 Note Note: Some examples of these calculations are given in the following table.

NR 415.05(3) (3) In addition to meeting the requirements of subs. (1) and (2), any direct or portable source located in or near an area identified in s. NR 415.035 (2) whose aggregate particulate emissions, excluding fugitive dust, 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 shall meet the following RACT emission limitations:

NR 415.05(3)(a) (a) Sources on which construction or modification was commenced on or before April 1, 1972 may not emit more than 0.20 pounds of particulate matter per 1000 pounds of exhaust gas.

NR 415.05(3)(b) (b) Sources on which construction or modification was commenced after April 1, 1972 may not emit more than the emissions limits of sub. (2) or 0.20 pounds of particulate matter per 1000 pounds of exhaust gas, whichever is more restrictive.

NR 415.05(4) (4) Notwithstanding sub. (3), any cupola may emit up to, but not more than 0.25 pounds of particulate matter per 1000 pounds of exhaust gas.

NR 415.05 History History: Renum. from NR 154.11 (3) and am. Register, September, 1986, No. 369, eff. 10-1-86; correction in (2) (a) 1. made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1989; am. (intro.), (1) (b) to (o), (2) (a) (intro.) and 1., (3) (b), (5) (intro.), r. (2) (a) 2. and 3., (b), Register, May, 1992, No. 437, eff. 6-1-92; am. (2), Register, December, 1995, No. 480, eff. 1-1-96; CR 01-002: am. (3) (intro.), r. (5), Register, October 2001 No. 550, eff. 11-1-01.

NR 415.06 NR 415.06 Particulate matter emission limits for fuel burning installations. No person may cause, allow or permit the emission of particulate matter to the ambient air from any indirect heat exchanger, power or heating plant, fuel-burning installation or pulp recovery furnace with maximum heat input more than one million Btu per hour in excess of one of the following limitations:

NR 415.06(1) (1) All installations on which construction or modification was commenced on or before April 1, 1972 shall meet the emission limitations of this subsection:

NR 415.06(1)(a) (a) All installations shall meet the emission limitation of 0.60 pounds of particulate matter from any stack per million Btu heat input.

NR 415.06(1)(b) (b) Installations located in subregion 1 of the Lake Michigan Intrastate AQCR shall meet the emission limitation of 0.30 pounds of particulate matter from any stack per million Btu heat input.

NR 415.06(1)(c) (c) Installations located in the Southeastern Wisconsin Intrastate AQCR shall meet the following requirements:

NR 415.06(1)(c)1. 1. Installations of 250 million Btu per hour or less: maximum emission defined by the equation

where I is heat input in millions of Btu per hour and E is maximum allowable particulate matter emissions from any stack in pounds per million Btu heat input.

NR 415.06(1)(c)2. 2. Installations of more than 250 million Btu per hour: maximum emission from any stack of 0.15 pounds of particulate matter per million Btu heat input.

NR 415.06(2) (2) All installations on which construction or modification is commenced after April 1, 1972 shall meet the emission limitations of this subsection:

NR 415.06(2)(a) (a) Installations of 250 million Btu per hour or less except as provided in par. (b): maximum emission from any stack of 0.15 pounds of particulate matter per million Btu heat input.

NR 415.06(2)(b) (b) Installations of 100 million Btu per hour or less which are not located in the Southeastern Wisconsin Intrastate AQCR and which burn only wood, or wood simultaneously with liquid or gaseous fossil fuel: maximum emission from any stack of 0.50 pounds of particulate matter per million Btu heat input except that installations located in subregion 1 of the Lake Michigan Intrastate AQCR shall meet the requirements of sub. (1) (b).

NR 415.06(2)(c) (c) Installations of more than 250 million Btu per hour: maximum emission from any stack of 0.10 pounds of particulate matter per million Btu heat input.

NR 415.06(3) (3) In addition to meeting the requirements of sub. (1) or (2), all installations located in or near an area identified in s. NR 415.035 (2) whose aggregate particulate emissions, excluding fugitive dust, 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 shall meet the following RACT emission limitations:

NR 415.06(3)(a) (a) Installations of 100 million Btu per hour or less: maximum emission from any stack of 0.24 pounds of particulate matter per million Btu heat input.

NR 415.06(3)(b) (b) Installations of more than 100 million Btu per hour on which construction or modification commenced on or before April 1, 1972: maximum emission from any stack of 0.15 pounds of particulate matter per million Btu heat input.

NR 415.06(3)(c) (c) Installations of more than 100 million Btu per hour but of not more than 250 million Btu on which construction or modification commenced after April 1, 1972: maximum emission from any stack of 0.15 pounds of particulate matter per million Btu heat input.

NR 415.06(3)(d) (d) Installations of more than 250 million Btu per hour on which construction or modification commenced after April 1, 1972: maximum emission from any stack of 0.10 pounds of particulate matter per million Btu heat input.

NR 415.06(4) (4) Notwithstanding sub. (3) (a) or (b), any fuel burning installation of 250 million Btu per hour or less on which construction or modification was commenced on or before April 1, 1972 may emit up to, but not more than, an emission rate defined by the equation

where I is the heat input in millions of Btu per hour and E is the maximum allowable particulate matter emissions from any stack in pounds per million Btu heat input, if the installation has an emission rate based on original design or equipment performance test conditions, whichever is more restrictive, which is less than the limit set by the above equation, and the emission control system of the installations has not been allowed to degrade more than 0.05 pound per million Btu heat input from original design or acceptance performance test conditions.

NR 415.06 History History: Renum. from NR 154.11 (4) and am. Register, September, 1986, No. 369, eff. 10-1-86; correction in (2) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1989; am. (intro.), (1) (a), (b), (c) 1. and 2., (2) (a) to (c), (3) (a) to (d) and (4), Register, May, 1992, No. 437, eff. 6-1-92; am. (1) (a), (b), (c) (intro.), 1., Register, February, 1995, No. 470, eff. 3-1-95; am. (1) (c) 1. and (4), Register, October, 1999, No. 526, eff. 11-1-99; CR 01-002: am. (3) (intro.) and (4), r. (5), Register October 2001 No. 550, eff. 11-1-01.

NR 415.07 NR 415.07 Particulate matter emission limits for incinerators. No person may cause, allow or permit particulate matter, concentrations corrected to 12% carbon dioxide, to be emitted to the ambient air from any incinerator in excess of one of the following limitations:

NR 415.07(1) (1) All incinerators on which construction or modification was commenced on or before April 1, 1972 shall meet the emission limits of this subsection.

NR 415.07(1)(a) (a) Incinerators located throughout the state; emissions of:

NR 415.07(1)(a)1. 1. Incinerators rated at over 500 pounds of waste per hour: 0.50 pounds of particulate per 1,000 pounds of exhaust gas.

NR 415.07(1)(a)2. 2. Incinerators rated at 500 pounds of waste per hour or less: 0.60 pounds of particulate per 1,000 pounds of exhaust gas.

NR 415.07(1)(b) (b) Incinerators located in subregion 1 of the Lake Michigan Intrastate AQCR or in the Southeastern Wisconsin Intrastate AQCR; in addition to meeting the emission limits of par. (a) these incinerators shall meet the following emission limits:

NR 415.07(1)(b)1. 1. Incinerators of 5 cubic feet capacity or more: 0.30 pounds of particulate per 1,000 pounds of exhaust gas.

NR 415.07(1)(b)2. 2. Prefabricated domestic incinerators below 5 cubic feet capacity may not exceed the performance emission requirements prescribed by the American National Standards Institute for domestic incinerators, standard Z21.6, incorporated by reference in s. NR 484.11 (3).

NR 415.07(2) (2) All incinerators on which construction or modification is commenced after April 1, 1972 shall meet the emission limits of this subsection.

NR 415.07(2)(a) (a) Incinerators other than those specified in par. (b); emissions in excess of:

NR 415.07(2)(a)1. 1. Incinerators rated at 4,000 pounds of waste per hour or more: 0.15 pounds of particulate per 1,000 pounds of exhaust gas.

NR 415.07(2)(a)2. 2. Incinerators rated at over 500 pounds of waste per hour and less than 4,000 pounds of waste per hour: 0.20 pounds of particulate per 1,000 pounds of exhaust gas.

NR 415.07(2)(a)3. 3. Incinerators rated at 500 pounds of waste per hour or less other than prefabricated domestic incinerators below 5 cubic feet capacity: 0.30 pounds of particulate matter per 1,000 pounds of exhaust gas.