Section 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.

(1)  Such precautions shall include, but not be limited to:

(a) Use, where possible, of water or chemicals for control of dust in the demolition of existing buildings or structures, or construction operations.

(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.

(c) Installation and use of hoods, fans, and air cleaning devices to enclose and vent the areas where dusty materials are handled.

(d) Covering or securing of materials likely to become airborne while being moved on public roads, railroads or navigable waters.

(e) Conduct of agricultural practices such as tilling of land or application of fertilizers in such manner as not to create air pollution.

(f) The paving or maintenance of roadway areas so as not to create air pollution.

(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:

(a) Storage piles having a material transfer greater than 100 tons in any year are subject to the following requirements:

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.

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.

(b) Materials handling operations are subject to the following requirements:

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.

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.

(c) Process fugitive emissions are subject to the following control requirements:

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.

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.

(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:

(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.

(b) If paved, be kept reasonably free of material likely to become airborne, through a program of periodic cleaning.

(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.

(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.

(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.

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.