(1) EXCEPTIONS.
(a) For sources on which construction or
modification commenced before August 1, 1979, the provisions of ss.
NR 419.05, 419.06 and 424.03 do not apply to the storage,
transfer, use or application of saturated halogenated hydrocarbons,
perchloroethylene or acetone.
(b)
Except for the provisions of s.
NR 419.03(1) and
(2), the requirements of chs.
NR 419 to 424 do not apply to the
use or application of insecticides, pesticides or herbicides or to the use or
emission of organic compounds which have been determined to have negligible
photochemical reactivity as listed in s.
NR 400.02(162).
(3) SPECIALIZED COATINGS.
(a) This subsection applies only to sources
subject to s.
NR 422.15 or 422.151 that, prior to March 1, 1990,
applied specialized coatings required by state or federal agencies on products
made for their use.
(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.
2. Achieve final compliance for specialized
coatings required by state or federal agencies on products made for their use
by March 1, 1991.
(c)
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 in s.
NR 422.15 for specialized coatings required by state or
federal agencies on products made for their use 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.
(d) Notwithstanding par. (b), the owner or
operator of a source constructed or modified before March 1, 1990 which fails
to meet a VOC emission limitation of s.
NR 422.15 because of the amendment to s.
NR 422.15(1) (f), which became effective
March 1, 1990, may request a variance from the emission limitation.
Note: NR 422.15 (1) (f) was repealed eff.
3-1-90.
1. Any request made under this
paragraph shall be made in writing and be received by the department on or
before March 1, 1991.
2. The
department may grant a variance under this paragraph and set an alternate
emission limitation under the criteria and procedures outlined in s.
NR 436.05(2) (c) and (d), (3) and
(5).
(4) LIMITATION OF RESTRICTIONS TO THE OZONE
SEASON. Where the requirements of chs.
NR 419 to 425 are met by means of
a natural gas fired incinerator, use of the incinerator shall be required only
during the ozone season, provided that operation of the incinerator is not
required for purposes of occupational health or safety or for the control of
toxic or hazardous substances, malodors, or other pollutants regulated by other
sections of chs.
NR
400 to 499. The provisions of this subsection may be
applied, subject to approval of the department, where the requirements of chs.
NR 419 to 425 are met by use of
other energy intensive control devices. Any approval issued by the department
to apply the provision of this subsection to control devices other than natural
gas fired afterburners or incinerators shall be submitted to, and will not
become effective for federal purposes until approved by, the administrator or
designee as a source-specific revision to the department's state implementation
plan for ozone.
