NR 440.686(6)(j)(j) Each owner or operator of an affected facility that seeks to comply with the requirements of this section by complying with the design production capacity provision in sub. (1) (c) 5. shall keep up-to-date, readily accessible records of any change in equipment or process operation that increases the design production capacity of the process unit in which the affected facility is located. NR 440.686(6)(k)(k) Each owner and operator subject to the provisions of this section is exempt from the quarterly reporting requirements contained in s. NR 440.07 (3). NR 440.686(6)(L)(L) Each owner or operator that seeks to comply with the requirements of this section by complying with the requirements of sub. (1) (c) 4., 5. or 6. or (3) shall submit to the department semiannual reports of the following recorded information. The initial report shall be submitted within 6 months after the initial startup date. NR 440.686(6)(L)2.2. All periods recorded under par. (d) when the vent stream is diverted from the control device or has no flow rate. NR 440.686(6)(L)3.3. All periods recorded under par. (e) when the boiler or process heater was not operating. NR 440.686(6)(L)4.4. All periods recorded under par. (f) in which the pilot flame of the flare was absent. NR 440.686(6)(L)5.5. Any change in equipment or process operation that increases the operating vent stream flow rate above the low flow exemption level in sub. (1) (c) 6., including a measurement of the new vent stream flow rate, as recorded under par. (i). These shall be reported as soon as possible after the change and no later than 180 days after the change. These reports may be submitted either in conjunction with semiannual reports or as a single separate report. A performance test shall be completed with the same time period to verify the recalculated flow value and to obtain the vent stream characteristics of heating value and ETOC. The performance test is subject to the requirements of s. NR 440.08. Unless the facility qualifies for an exemption under the low capacity exemption status in sub. (1) (c) 5., the facility shall begin compliance with the requirements set forth in sub. (3). NR 440.686(6)(L)6.6. Any change in equipment or process operation, as recorded under par. (j), that increases the design production capacity above the low capacity exemption level in sub. (1) (c) 5. and the new capacity resulting from the change for the distillation process unit containing the affected facility. These shall be reported as soon as possible after the change and no later than 180 days after the change. These reports may be submitted either in conjunction with semiannual reports or as a single separate report. A performance test shall be completed within the same time period to obtain the vent stream flow rate, heating value and ETOC. The performance test is subject to the requirements of s. NR 440.08. The facility shall begin compliance with the requirements in sub. (1) (d) or (3). If the facility chooses to comply with sub. (3), the facility may qualify for an exemption in sub. (1) (c) 4. or 6. NR 440.686(6)(n)(n) Each owner or operator that seeks to demonstrate compliance with sub. (1) (c) 5. shall submit to the department an initial report detailing the design production capacity of the process unit. NR 440.686(6)(o)(o) Each owner or operator that seeks to demonstrate compliance with sub. (1) (c) 6. shall submit to the department an initial report including a flow rate measurement using the test methods specified in sub. (5). NR 440.686(6)(p)(p) The department will specify appropriate reporting and recordkeeping requirements where the owner or operator of an affected facility complies with the standards specified under sub. (3) other than as provided under sub. (4) (a) to (d). NR 440.686(7)(a)(a) For purposes of this section, “fixed capital cost of the new components”, as used in s. NR 440.15, includes the fixed capital cost of all depreciable components which are or will be replaced pursuant to all continuous programs of component replacement which are commended with any 2-year period following December 30, 1983. For purposes of this paragraph, “commenced” means that an owner or operator has undertaken a continuous program of component replacement or that an owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of component replacement. *CAS numbers refer to the Chemical Abstracts Service Registry numbers assigned to specific chemicals, isomers or mixtures of chemicals. Some isomers or mixtures that are covered by the standards do not have CAS numbers assigned to them. The standards apply to all of the chemicals listed, whether CAS numbers have been assigned or not.
NR 440.686 HistoryHistory: Cr. Register, July, 1993, No. 451, eff. 8-1-93; am. (5) (e) 1. a., b., (8), Register, December, 1995, No. 480, eff. 1-1-96; renum. (2) (a) (intro.) and 1. to 18. to be (2) (intro.) and (a) to (r), am. (2) (p), Register, November, 1999, No. 527, eff. 12-1-99; CR 06-109: cr. (1) (d), am. (4) (c) (intro.), (5) (b) 4. b. and c., (6) (g) (intro.), (i), (L) 5. and 6. and (8), renum. (4) (c) 3. to be (4) (d) and am., renum. (5) (b) 5., (c), (d), (e), (f) and (g) to be (5) (c), (d), (e), (f), (g) and (h) and am. (5) (e) 1., 2. b., 4. and 5. and (f) 1. a., b. and 2. Register May 2008 No. 629, eff. 6-1-08; corrections in (1) (d) 2. and (2) (p) made under s. 13.92 (4) (b) 7., Stats., Register May 2008 No. 629. NR 440.688NR 440.688 Nonmetallic mineral processing plants. 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)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.
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Department of Natural Resources (NR)
Chs. NR 400-499; Environmental Protection – Air Pollution Control
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