Current through August 26, 2024
(1) EFFECTIVE DATES. Subsections (2) to (8)
do not apply to a source which is in compliance with the emission limitations
of chs.
NR 419 to
424, provided the source has
determined and certified compliance to the satisfaction of the department
within 90 days after the date specified in the effective date table, nor do
subs.(2) to (7) apply to a source on which construction or modification
commenced on or after the specified date. Sources on which construction or
modification commenced on or after the date specified in the effective date
table shall meet the emission requirements of chs.
NR 419 to
424 in accordance with the
provisions of sub. (8).
(2) PROCESS
AND EMISSION CONTROL EQUIPMENT INSTALLATIONS. Except as provided under sub. (5)
and s.
NR 425.04, the owner or operator of a VOC emission source
proposing to install and operate VOC emission control equipment or replacement
process equipment to comply with the emission limiting requirements of chs.
NR 419 to
424 shall achieve final compliance
within 26 months of the date specified in the effective date table for that
source.
Effective Date Table
The effective date listed under the Date column applies to
the requirements outlined in all sections listed in the Section column to the
right of the effective date in this table.
|
Date
|
Section
|
|
8-1-79
|
420.03 (5), 420.04 (1) (b), (c) and (f), (2)
(b),(c) 1. and 2., (d), (e) and (h), (3) (b) 1. and 2., (c), (e), (f), (g)1.
and 2., (h) and (i), 420.05 (1) to (3), 422.05 to 422.08,422.09 to 422.12 and
423.03
|
|
7-1-80
|
420.03 (4)
|
|
4-1-81
|
420.03 (6) and (7), 420.04 (1) (d) and (e),
(2)(f)
and (g), (3) (d) and (g) 3., (4) (b), 420.05
(4),
421.03 (1)to (3), 421.04, 422.13, 422.14, 422.15
and 423.04
|
|
10-1-81
|
420.04 (1) (g), (2) (c) 3. and (3) (b) 3.
|
|
12-1-83
|
423.05
|
|
2-1-87
|
422.085
|
(3)
LOW SOLVENT CONTENT COATING OR INK.
(a)
Except as provided under pars. (b) to (e) and subs. (5) and (7m), the owner or
operator of a VOC source proposing to employ low solvent content coating or ink
application technology to comply with the requirements of chs.
NR 419 to
424 shall achieve final compliance
within 28 months of the date specified in the effective date table for that
source.
(b) The owner or operator
of a can coating or flexible packaging facility proposing to employ low solvent
content coating technology to comply with the requirements of s.
NR 422.05(2) (d) or 422.07(2) may exceed
the deadline in par.(a) by 12 months in developing acceptable can end sealing
compounds or coatings for hydrophobic flexible packaging substrates.
(c) The owner or operator of a graphic arts
facility proposing to employ low solvent content ink application technology to
comply with the requirements of s.
NR 422.14 may, for hydrophobic substrates, extend the
date for achieving final compliance to December 31, 1985, provided:
1. Final plans for achieving compliance are
submitted by September 1, 1981.
3.
Sufficient documentation is submitted to justify the extension.
4. The plans provide for final compliance by
December 31, 1985 through the use of an emission reduction system described in
s.
NR 422.14(2) (c) and (3) in case the
product quality and commercial acceptability evaluation shows low solvent
content ink application technology to be unsatisfactory.
(d) The owner or operator of a miscellaneous
metal parts and products coating facility proposing to employ low solvent
content coating technology to comply with the requirements of s.
NR 422.15 may, for extreme performance coatings requiring
prolonged product quality evaluation periods, extend final compliance to
accommodate the prolonged evaluation period but in no case beyond December 31,
1985.
(e) Where the department
determines that the low solvent content coating or ink application technology
has been sufficiently researched and developed for a particular application,
the owner or operator of a VOC source proposing to comply with the requirements
of chs.
NR 419 to
424 through application of low
solvent content coatings or inks shall achieve final compliance within 21
months of the date specified in the effective date table for that
source.
(4) EQUIPMENT
MODIFICATION. Except as provided under subs. (5) and (7m), the owner or
operator of a VOC source proposing to comply with the requirements of chs.
NR 419 to
424 by modification of existing
processing or emission control equipment shall achieve final compliance within
20 months of the date specified in the effective date table for that
source.
(5) ALTERNATE COMPLIANCE
SCHEDULES. Notwithstanding the deadlines specified in subs. (2) to (4), for any
particular source the department may issue or approve a separate compliance
schedule with later deadlines if it finds that those specified in subs. (2) to
(4) would not be feasible. All alternate compliance schedules proposed or
promulgated under this subsection shall provide for compliance of the source
with the requirements of chs.
NR 419 to
424 not later than December 31,
1982 or, where the owner or operator proposes to comply through development of
a new surface coating which is subject to approval by a federal agency, not
later than December 31, 1985.
(6)
PHASED EMISSION REDUCTION SCHEDULES.
(a) This
subsection applies only to sources covered under ss.
NR 422.09 and 422.15(3).
(b) Except as provided under sub. (7m), the
owner or operator of a source required to undertake a phased compliance program
shall achieve final compliance on or before the date specified in the
applicable rule or approved compliance plan, but not later than December 31,
1987.
(7) FINAL
COMPLIANCE PLANS.
(a) If the department finds
any compliance plan submitted under this chapter to be unsatisfactory, it may
require that the plan be resubmitted with appropriate revisions.
(b) Process lines subject to requirements of
this chapter on which construction or modification commenced on or before
August 1, 1979 shall continue to comply with the requirements of s.
NR 424.03(2) (a) during any interim
period prior to the final compliance date in the applicable compliance
schedule.
(c) Process lines covered
under ss.
NR 420.03(6), 420.04(1) (d), (e) an
(g), (2) (c) 3., (f) and (g), (3) (b) 3., and (g) 3., 420.05 (4), to 421.03 (1)
(3), 421.04, 422.13 to 422.15, and 423.05, on which construction or
modification commenced on or after August 1, 1979, but before April 1, 1981,
shall continue to comply with the requirements of s.
NR 424.03(2) (b) during any interim
period prior to the final compliance date in the applicable compliance
schedule.
Note: The reference to s.
NR 424.03(2) (b) refers to that section
as it existed prior to its repeal on May 1, 1989.
(d) Process lines covered under s.
NR 421.04 on which construction or modification commenced
on or after April 1, 1981 but before August 31, 1981, and process lines covered
under s.
NR 423.05(1) on which construction or
modification commenced on or after April 1, 1981 but before December 1, 1983,
shall continue to comply with the requirements of s.
NR 424.03(2) (c) during any interim
period prior to the final compliance date in the applicable compliance
schedule.
Note: The reference to s.
NR 424.03(2) (c) refers to that section
as it existed prior to May 1, 1989. As of May 1, 1989, s.
NR 424.03(2) (c) was renumbered to be s.
NR 424.03(2) (b) and amended.
(e) Where a source is not
otherwise subject to requirements of this chapter and was previously
unregulated under chs.
NR 419 to
424, the final compliance plan
shall specify reasonable measures to minimize emissions of VOCs during the
interim period prior to the final compliance date.
(7m) COMPLIANCE SCHEDULE DELAYS.
Notwithstanding any compliance schedule approved or issued under this section,
the department may approve a new compliance schedule which provides additional
time for achieving compliance, provided that all of the following conditions
are met:
(a) The owner or operator of the
source is able to document to the department's satisfaction that the source is
unable to meet the applicable deadline under this section due to circumstances
beyond the owner or operator's control which could not reasonably have been
avoided by using all prudent planning.
(b) The final compliance for sources covered
under ss.
NR 420.03(5), 420.04 (1) (b), (c) and
(f), (2), (c) 1., (d), (e) and (h), (3) 1. and 2., (c), (e), (f), (g) 1. and
2., (h) and (i), 420.05 (1) to (3), 422.05 to 422.08, 422.10 to 422.12 and
423.03 (3) to (5) is not later than December 31, 1982.
(c) The final compliance for sources covered
under ss.
NR 420.03(6), 420.04(1) (d), (e) an
(g), (2) (c) 3., (f) an (g), (3) (b) 3., and (g) 3., 420.05 (4), to 421.03 (1)
(3), 421.04, and 422.13 to is not 422.15 later than that required in this
section.
(8) NEW AND
MODIFIED SOURCES. Any source on which construction or modification commenced on
or after the date specified for the source category in the effective date table
shall meet the emission limitations of chs.
NR 419 to
425 upon startup unless the owner
or operator of the source demonstrates, to the satisfaction of the department,
that compliance upon startup would be technologically infeasible. Such sources
shall instead meet a department-specified compliance schedule which provides
for interim emission limitations and for ultimate compliance with the emission
limitations of chs.
NR 419 to
425. Ultimate compliance shall be
as soon as practicable but in no event later than the final compliance date
applicable to the source under this chapter or chs.
NR 419 to
424.
(9) LEATHER COATING.
(a) This subsection applies only to a leather
coating facility in existence on January 1, 1994 and which is one of the
following:
1. Located in the county of Door,
Kewaunee, Manitowoc, Sheboygan or Walworth.
2. Located in the county of Kenosha,
Milwaukee, Ozaukee, Racine, Washington or Waukesha and which was not subject to
this section prior to January 1, 1994.
(b) The owner or operator of any source
identified under par.(a) shall:
1. Notify the
department's bureau of air management in writing by April 1, 1994. This
notification shall provide the name and location of the affected facility and
include VOC emission data from coating applications if necessary to support
eligibility under this subsection.
2. Achieve final compliance with the
requirements of s.
NR 422.085 no later than May 31, 1995.
(10) SOURCES OF VOCS
WITH VAPOR PRESSURES LESS THAN OR EQUAL TO 0.1 MILLIMETERS OF MERCURY (0.0019
PSIA) AT STANDARD CONDITIONS.
(a) This
subsection applies only to sources constructed or last modified before March 1,
1990 which fail to meet an applicable VOC emission limitation of chs.
NR 419 to
424 as a result of the amendment
to s.
NR 400.02(162) which became effective on
March 1, 1990.
(b) The owner or
operator of any source subject to this subsection shall:
1. Notify the department's bureau of air
management in writing by 90 days after March 1, 1990. This notification shall
identify the name and location of the affected facility and the specific
coatings and inks used at that facility which are eligible for the compliance
extension under this subsection.
2.
Achieve final compliance no later than March 1, 1991.
(c) For sources which were subject to an
emission limitation under chs.
NR 419 to
424 before March 1, 1990, the
compliance schedule in par. (b) shall only apply to those coatings or inks
which contained organic compounds with a vapor pressure less than or equal to
0.1 millimeters of mercury (0.0019 psia) at standard conditions and which the
source relied on to comply with the applicable emission limitation prior to
March 1, 1990.
(d) The department
may, by order issued under ss.
285.13(2) and
285.83,
Stats., authorize a source not in compliance with an emission limitation
prescribed in chs.
NR 419 to
424 as a result of the amendment
to s.
NR 400.02(162) which became effective on
March 1, 1990 to achieve compliance as expeditiously as practicable but not
later than March 1, 1993. The department shall hold a public hearing in
accordance with its rules prior to authorizing any period of delayed compliance
which exceeds 30 days in duration. No order under this subsection may be issued
unless the requirements of s.
NR 436.04(2) (g) and
(h) are satisfied.
(11) BULK GASOLINE PLANTS AND GASOLINE
DISPENSING FACILITIES IN DOOR AND KEWAUNEE COUNTIES.
(a) This subsection applies only to bulk
gasoline plants and gasoline dispensing facilities located in Door or Kewaunee
county on which construction or last modification commenced before November 15,
1992, and which are required to comply with the requirements of s.
NR 420.04(2) or (3).
(b) The owner or operator of any bulk
gasoline plant subject to the requirements of s.
NR 420.04(2) shall do all of the
following:
1. Notify the department in writing
by July 1, 1993, of the affected facility, the storage capacity of each
stationary tank, in gallons, located at the facility, the material stored in
each stationary storage tank and the yearly throughput of gasoline at the
facility for the calendar years 1990, 1991 and 1992.
2. Achieve final compliance with s.
NR 420.04(2) no later than November 15,
1994.
(c) The owner or
operator of any gasoline dispensing facility subject to the requirements of s.
NR 420.04(3) shall:
1. Notify the department in writing by July
1, 1993, of the affected facility, the storage capacity of each stationary
storage tank, in gallons, located at the facility, and the material stored in
each stationary storage tank.
2.
Achieve final compliance with the requirements of s.
NR 420.04(3) no later than November 15,
1994.
(12)
MISCELLANEOUS FACILITIES.
(a) This subsection
applies only to a facility which was in existence on January 1, 1994 and to
which one of the following applies:
1. Prior
to January 1, 1994 the facility was exempt from the requirements of ss.
NR 422.04
to unders 422.155. NR422.03 (1) or (2).
Note: The reference to s.
NR 422.03(1) or (2) is as these
subsections existed on January 31, 2012.
2. The facility is located in the county of
Door or Kewaunee and prior to January 1, 1994 was exempt from the requirements
of ss.
NR 422.05 to 422.08, 422.09 to 422.13, 422.15 or unders 422.155. NR422.03
(3).
Note: The reference to s. NR 425.03(3) is as the subsection
existed on January 31, 2012.
3. The facility is located in the county of
Kenosha, Milwaukee, Ozaukee, Racine, Washington or Waukesha and prior to
January 1, 1994 was exempt from the requirements of s.
NR 422.14 unders.
NR 422.14(1) (a) 1.
4. The facility fails to meet an emission
limitation applicable under s.
NR 422.14(2) (c) as a result of the
amendment to s.
NR 422.14(3) which became effective on
January 1, 1994.
5. Prior to
January 1, 1994 the facility was exempt from the requirements of s.
NR 422.15 unders.
NR 422.15(1) (cm) 5. or 6.
6. The facility fails to meet an emission
limitation applicable under s.
NR 422.15(2) or (3) as a result of the
amendment to s.
NR 422.15(5) (intro.) which became
effective on January 1, 1994.
7.
Prior to January 1, 1994 the facility was exempt from the requirements of s.
NR 423.03(3) or
(6) for one of the following reasons:
a. The facility was located outside the
counties of Brown, Calumet, Dane, Dodge, Fond du Lac, Jefferson, Kenosha,
Manitowoc, Milwaukee, Outagamie, Ozaukee, Racine, Rock, Sheboygan, Walworth,
Washington, Waukesha and Winnebago.
b. Conveyorized non-vapor degreasers at the
facility had a total horizontal solvent-air interface smaller than 2.0 square
meters (21.6 square feet).
(b) The owner or operator of any source
identified under par.(a) shall:
1. Notify the
department's bureau of air management in writing by April 1, 1994. This
notification shall provide the name and location of the affected facility and
include information adequate to support eligibility for the schedule provided
under this subsection.
2. Achieve
final compliance with the applicable requirements no later than May 31,
1995.
(13)
ALTERNATIVE OR EQUIVALENT METHODS.
(a) This
subsection applies only to a facility in existence on January 1, 1994 and
which, prior to January 1, 1994, received written approval from the department
to use an alternative or equivalent VOC control method as allowed in chs.
NR 419 to
424, or received written approval
from the department to use an alternative, equivalent or other specific method
or procedure for determining compliance with emission limitations for an ozone
precursor, as allowed in s.
NR 439.06.
(b) The owner or operator of any source
identified under par.(a) shall:
1. Notify the
department's bureau of air management in writing by April 1, 1994. This
notification shall provide the name and location of the affected facility and
shall include a copy of the department approval referred to in par.(a). A copy
of the notification required under this subdivision shall be maintained at the
facility until at least January 1, 1995.
2. No later than January 1, 1995, do one of
the following:
a. Achieve compliance with the
applicable control method specified under chs.
NR 419 to
424 or the applicable reference
method specified under ss.
NR 439.06 to 439.095.
b. Notify the department's bureau of air
management in writing that it is the owner's or operator's intent to continue
to use the approved alternative or equivalent method.
c. Submit a written request to the
department's bureau of air management for approval to use a proposed
alternative or equivalent method as allowed in chs.
NR 419 to
424 and s.
NR 439.06.
(c)
1. Upon
receipt of a notification under par. (b) 2. b., the department shall submit the
approved alternative or equivalent method to the administrator or designee as a
source-specific revision to the department's state implementation plan for
ozone.
2. A request submitted under
par. (b) 2. c. shall be reviewed by the department and if approved, submitted
to the administrator or designee as a source-specific revision to the
department's state implementation plan for ozone.
3. Notwithstanding par. (b) 2. b. and c.,
unless or until an alternative or equivalent method as allowed in chs.
NR 419 to
424 or s.
NR 439.06 is approved by the administrator or designee as
a source-specific revision to the department's state implementation plan for
ozone, the applicable control methods specified under chs.
NR 419 to
424 and reference methods
specified under ss.
NR 439.06 to shall become 439.095 federally enforceable
on January 1, 1995.
(14) ASPHALT SURFACING MATERIALS.
(a) This subsection applies only to a
facility which prior to January 1, 1996 applied an asphalt surfacing material
not subject to s.
NR 422.16, but which, as a result of the amendment to s.
NR 422.02(20) which became effective on
January 1, 1996, became subject to s.
NR 422.16.
(b) The owner or operator of any facility
identified under par. (a) shall:
1. Notify
the department's bureau of air management in writing by 90 days after January
1, 1996. This notification shall include the name and location of the affected
facility and the name, or other unique descriptor, of the asphalt surfacing
material identified under par. (a).
2. Achieve final compliance with s.
NR 422.16 no later than January 1, 1999.
(c) The compliance schedule in
par. (b) shall only apply to the asphalt surfacing material affected by the
amendment to s.
NR 422.02(20) which became effective on
January 1, 1996.
