R 336.1289 Permit to install exemptions; asphalt and concrete production equipment.

Rule 289. (1) This rule does not apply if prohibited by R 336.1278 and unless the requirements of R 336.1278a have been met. (2) The requirement of R 336.1201(1) to obtain a permit to install does not apply to any of the following: (a) A cold feed aggregate bin for asphalt and concrete production equipment. (b) A liquid asphalt storage tank that is controlled by an appropriately designed and operated vapor condensation and recovery system or an equivalent control system. (c) An asphalt concrete storage silo that has all its emissions vented back into the burning zone of the kiln or that has an equivalent control system. (d) A concrete batch plant that meets all of the following requirements: (i) The plant shall produce not more than 200,000 cubic yards per year. (ii) The plant shall use a fabric filter dust collector, a slurry mixer system, a drop chute, a mixer flap gate, or an enclosure for truck loading operations. (iii) All cement handling operations, such as silo loading and cement weighing hoppers, shall either be enclosed by a building or equipped with a fabric filter dust control. (iv) The owner or operator shall keep monthly records of the cubic yards of concrete produced. (v) Before commencing operations, the owner or operator shall notify the appropriate district supervisor of the location where the concrete batch plant will be operating under this exemption. (vi) The concrete batch plant shall be located not less than 250 feet from any residential or commercial establishment or place of public assembly unless all of the cement handling operations, excluding the cement silo storage and loading operations, are enclosed within at least a 3-sided structure. (vii) The owner or operator shall implement the following fugitive dust plan: (A) The drop distance at each transfer point shall be reduced to the minimum the equipment can achieve. (B) On-site vehicles shall be loaded to prevent their contents from dropping, leaking, blowing, or otherwise escaping. This shall be accomplished by loading so that no part of the load shall come in contact within 6 inches of the top of any sideboard, side panel, or tailgate. Otherwise, the truck shall be tarped. (C) All of the following provisions apply for site roadways and the plant yard: (1) The dust on the site roadways and the plant yard shall be controlled by applications of water, calcium chloride, or other acceptable and approved fugitive dust control compounds. Applications of dust suppressants shall be done as often as necessary to meet an opacity limit of 5%. (2) All paved roadways and plant yards shall be swept as needed between applications. (3) Any material spillage on roads shall be cleaned up immediately. (4) A record of all applications of dust suppressants and roadway and plant yard sweepings shall be kept for the most recent 5-year period and be made available to the department upon request. (D) All of the following provisions apply for storage piles: (1) Stockpiling of all nonmetallic minerals shall be performed to minimize drop distance and control potential dust problems. (2) Stockpiles shall be watered on an as-needed basis in order to meet an opacity limit of 5%. Equipment to apply water or dust suppressant shall be available at the site or on call for use at the site within a given operating day. (3) A record of all watering shall be kept on file for the most recent 5-year period and be made available to the department upon request. (E) The provisions and procedures of this fugitive dust plan are subject to adjustment by written notification from the department if, following an inspection, the department determines the fugitive dust requirements or permitted opacity limits are not being met.