Section NR 440.688 - Nonmetallic mineral processing plants(1) APPLICABILITY AND DESIGNATION OF AFFECTED FACILITY. (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. (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.(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 is not 440.25 subject to the provisions of this section.(c) Facilities at the following plants are not subject to the provision of this section. 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;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; and3. Common clay plants and pumice plants with capacities, as defined in sub. (2), of 9 megagrams per hour (10 tons per hour) or less.(d)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. 3.2. An owner or operator seeking to comply with this paragraph shall submit the information required in sub. (7) (a).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). (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. (2) DEFINITIONS. As used in this section, terms not defined in this subsection have the meanings given in s. NR 440.02. (a) "Bagging operation" means the mechanical process by which bags are filled with nonmetallic minerals.(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.(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.(d) "Building" means any frame structure with a roof.(e) "Capacity" means the cumulative rated capacity of all initial crushers that are part of the plant.(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.(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.(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.(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.(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.(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. (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.(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.(n) "Initial crusher" means any crusher into which nonmetallic minerals can be fed without prior crushing in the plant.(o) "Nonmetallic mineral" means any of the following minerals or any mixture of which the majority is any of the following minerals: 1. Crushed and broken stone, including limestone, dolomite, granite, traprock, sandstone, quartz, quartzite, marl, marble, slate, shale, oil shale, and shell.3. Clay including kaolin, fireclay, bentonite, Fuller's earth, Ball clay, and common clay.6. Sodium compounds, including sodium carbonate, sodium chloride, and sodium sulfate.9. Talc and pyrophyllite.10. Boron, including borax, kernite, and colemanite.18. Kyanite, including andalusite, sillimanite, topaz, and dumortierite.(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). (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.(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.(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).(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.(u) "Stack emissions" means the particulate matter that is released to the atmosphere from a capture system.(v) "Storage bin" means a facility for storage, including surge bins, for nonmetallic minerals prior to further processing or loading.(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.(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.(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. (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.(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.(3) STANDARD FOR PARTICULATE MATTER. (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: 1. Contain particulate matter in excess of 0.05 g/dscm (0.022 gr/dscf).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).(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).(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.(d) Truck dumping of nonmetallic minerals into any screening operation, feed hopper, or crusher is exempt from the requirements of this subsection.(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: 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).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).(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.(g) Owners or operators of multiple storage bins with combined stack emissions shall comply with the emission limits in par. (a) 1. and 2. (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: 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.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.(4) RECONSTRUCTION. (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.(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. (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: (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.(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.(6) TEST METHODS AND PROCEDURES. (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).(b) The owner or operator shall determine compliance with the particulate matter standards in sub. (3) (a) as follows: 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.2. Method 9 and the procedures in s. NR 440.11 shall be used to determine opacity.(c)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: a. The minimum distance between the observer and the emission source shall be 4.57 meters (15 feet).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.c. For affected facilities using wet dust suppression for particulate matter control, a visible mist is sometimes generated by the spray. The water mist may not be confused with particulate matter emissions and is not to be considered a visible emission. When a water mist of this nature is present, the observation of emission is to be made at a point in the plume where the mist is no longer visible.2. In determining compliance with the opacity of stack emissions from any baghouse that controls emissions only from an individual enclosed storage bin under sub. (3) (f), using Method 9, the duration of Method 9 observations shall be one hour (10 6-minute averages).3. When determining compliance with the fugitive emission standard for any affected facility described under sub. (3) (b), the duration of the Method 9 observations may be reduced from 3 hours (30 6-minute averages) to one hour (10 6-minute averages) only if both of the following conditions apply: a. There are no individual readings greater than 10% opacity.b. There are no more than 3 readings of 10% for the 1-hour period.4. When determining compliance with the fugitive emissions standard for any crusher at which a capture system is not used as described under sub. (3) (c), the duration of the Method 9 observations may be reduced from 3 hours (30 6-minute averages) to one hour (10 6-minute averages) only if both of the following conditions apply: a. There are no individual readings greater than 15% opacity.b. There are no more than 3 readings of 15% for the 1-hour period.(d) In determining compliance with sub. (3) (e), the owner or operator shall use Method 22 to determine fugitive emissions. The performance test shall be conducted while all affected facilities inside the building are operating. The performance test for each building shall be at least 75 minutes in duration, with each side of the building and the roof being observed for at least 15 minutes.(e) The owner or operator may use the following as alternatives to the reference methods and procedures specified in this subsection: 1. For the method and procedure of par. (c), if emissions from 2 or more facilities continuously interfere so that the opacity of fugitive emissions from an individual affected facility cannot be read, either of the following procedures may be used: a. Use for the combined emission stream the highest fugitive opacity standard applicable to any of the individual affected facilities contributing to the emission stream.b. Separate the emissions so that the opacity of emissions from each affected facility can be read.(f) To comply with sub. (7) (d), the owner or operator shall record the measurements as required in sub. (7) (c) using the monitoring devices in sub. (5) (a) and (b) during each particulate matter run and shall determine the averages.(g) If, after 30 days notice for an initially scheduled performance test, there is a delay (due to operational problems, etc.) in conducting any rescheduled performance test, the owner or operator of an affected facility shall submit a notice to the department at least 7 days prior to any rescheduled performance test.(h) Initial Method 9 performance tests under s. NR 440.11 and this subsection are not required for: 1. Wet screening operations and subsequent screening operations, bucket elevators and belt conveyors that process saturated material in the production line up to, but not including, the next crusher, grinding mill or storage bin.2. Screening operations, bucket elevators and belt conveyors in the production line downstream of wet mining operations, that process saturated materials up to the first crusher, grinding mill or storage bin in the production line.(7) REPORTING AND RECORDKEEPING. (a) Each owner or operator seeking to comply with sub. (1) (d) shall submit to the department the following information about the existing facility being replaced and the replacement piece of equipment. 1. For a crusher, grinding mill, bucket elevator, bagging operation, or enclosed truck or railcar loading station, both of the following: a. The rated capacity in megagrams or tons per hour of the existing facility being replaced,.b. The rated capacity in megagrams or tons per hour of the replacement equipment.2. For a screening operation: a. The total surface area of the top screen of the existing screening operation being replaced, andb. The total surface area of the top screen of the replacement screening operation.3. For a conveyor belt: a. The width of the existing belt being replaced andb. The width of the replacement conveyor belt.4. For a storage bin, both of the following: a. The rated capacity in megagrams or tons of the existing storage bin being replaced.b. The rated capacity in megagrams or tons of replacement storage bins. (c) During the initial performance test of a wet scrubber, and daily thereafter, the owner or operator shall record the measurement of both the change in pressure of the gas stream across the scrubber and the scrubbing liquid flow rate.(d) After the initial performance test of a wet scrubber, the owner or operator shall submit semiannual reports to the department of occurrences when the measurements of the scrubber pressure loss (or gain) and liquid flow rate differ by more than " 30% for the average determined during the most recent performance test.(e) The reports required under par. (d) shall be postmarked within 30 days following end of the second and fourth calendar quarters.(f) The owner or operator of any affected facility shall submit written reports of the results of all performance tests conducted to demonstrate compliance with the standards set forth in sub. (3) including reports of opacity observations made using Method 9, 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1), to demonstrate compliance with sub. (3) (b), (c) and (f) and reports of observations using Method 22, 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17(1), to demonstrate compliance with sub. (3) (e).(g) The owner or operator of any screening operation, bucket elevator or belt conveyor that processes saturated material and is subject to sub. (3) (h) and subsequently processes unsaturated materials, shall submit a report of this change within 30 days following the change. The screening operation, bucket elevator or belt conveyor is then subject to the 10% opacity limit in sub. (3) (b) and the emission test requirements of s. NR 440.11. A screening operation, bucket elevator or belt conveyor that processes unsaturated material but subsequently processes saturated material shall submit a report of this change within 30 days following the change. The screening operation, bucket elevator or belt conveyor is then subject to the no-visible-emission limit in sub. (3) (h).(i) A notification of the actual date of initial startup of each affected facility shall be submitted to the department. 1. For a combination of affected facilities in a production line that begin actual initial startup on the same day, a single notification of startup may be submitted by the owner or operator to the department. The notification shall be postmarked within 15 days after the date and shall include a description of each affected facility, equipment manufacturer and serial number of the equipment, if available.2. For portable aggregate processing plants, the notification of the actual date of initial startup shall include both the home office and the current address or location of the portable plant.Wis. Admin. Code Department of Natural Resources NR 440.688
Cr. Register, September, 1990, No. 417, eff. 10-1-90; am. (3) (d), (e) (intro.) and (7) (d), r. and recr. (6), Register, July, 1993, No. 451, eff. 8-1-93; CR 06-109: am. (1) (a) and (d) 2., (3) (a) (intro.) and 1., (b) and (c), (7) (a) (intro.), 1., and 4. a. and b. and (f), cr. (1) (am), (2) (ym) and (z), (3) (f) to (h), (6) (c) 2. to 4., (g) and (h), (7) (g) and (i), renum. (6) (c) (intro.), 1., 2. and 3. to be (6) (c) 1. (intro.), a., b. and c., r. (7) (b) Register May 2008 No. 629, eff. 6-1-08.