An owner or operator of a surface coating or printing
facility subject to ss.
NR 422.05 to 422.15 may achieve compliance with the
emission limitations in those sections through the use of an internal offset
provided the owner or operator has submitted, and the department has approved,
an application under sub.(1) or (2). The owner or operator shall specify the
subsection under which the application is submitted.
(1) SOURCE-SPECIFIC SIP REVISION.
(a)
Eligibility. The
department may, by order issued under s.
285.13(2),
Stats., approve an application made under this subsection only if all of the
following conditions are met:
1. The
construction or modification of each coating or printing line with emissions
exceeding an applicable limitation was commenced on or before:
a. August 1, 1979, for sources covered under
ss.
NR 422.05(1), 422.06(1), 422.07(1), 422.08(1), 422.09(1), 422.10(1), 422.11(1) and 422.12(1).
b. April 1, 1981, for sources covered under
ss.
NR 422.13(1), 422.14(1) and 422.15(1).
2. The owner or operator has
certified, and the department has confirmed, that the emissions of all air
contaminants from all existing sources owned or controlled by the owner or
operator in the state, other than VOC emissions from sources specified in subd.
1. for which an application was made under this subsection, are in compliance
with or under a schedule for compliance as expeditiously as practicable with
all applicable local, state and federal laws and regulations.
3. The owner or operator has demonstrated to
the department's satisfaction that the allowable emission rates in pars. (b) 1.
and 2. can be met.
4. The owner or
operator has demonstrated to the department's satisfaction that the
requirements of s.
NR 439.04 can be met.
(b)
Approval criteria. Any
department approval of an application made under this subsection shall, at a
minimum, do all of the following:
1. Establish
an allowable emission rate for each of the coating and printing lines involved
in the internal offset.
2.
Establish a combined daily allowable emission rate from all coating and
printing lines involved in the internal offset which is consistent with the
U.S. environmental protection agency's "Emissions Trading Policy Statement;
General Principles for Creation, Banking and Use of Emission Reduction
Credits", 51 FR 43814, December 4, 1986, incorporated by reference in s.
NR 484.06.
3.
Establish recordkeeping requirements adequate to determine compliance and
consistent with s.
NR 439.04.
(c)
Revocation. The
department may, after notice and opportunity for hearing, revoke or modify any
internal offset approved under this subsection when any term or condition of
the approval has been violated, or for other reasons deemed necessary by the
department. Any modification 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.
(d)
Additional
requirements. Any internal offset approved under this subsection may
not become effective for federal purposes until it has met the following
requirements:
1. It has been submitted to the
administrator pursuant to applicable law, including but not limited to
42
USC 7410 and 40 CFR parts 51 and 52, and all
substantive requirements of the federal law have been met.
2. It has been approved by the administrator
or designee as a revision to the state implementation plan.
Note: In reviewing internal offset approvals, the U.S.
environmental protection agency will require that the internal offset meet the
criteria of its "Emissions Trading Policy Statement; General Principles for
Creation, Banking and Use of Emission Reduction Credits", 51 FR 43814, December
4, 1986.
(e)
Relocated lines. Notwithstanding par. (a) 1., any coating or
printing line which is relocated to another facility may comply with the
emission limitations in ss.
NR 422.05 to 422.15 through an internal offset if
the following conditions are met:
1. The
internal offset applies only to relocated coating or printing lines which had
been jointly involved in an internal offset approved under this
subsection.
2. The internal offset
involving the relocated lines is approved by the department under the criteria
of pars. (a) 2. to 4., (b) and (d).
(2) GENERIC INTERNAL OFFSETS.
(a)
Eligibility. The
department may, by order issued under s.
285.13(2),
Stats., approve an application made under this subsection only if all of the
following conditions are met:
1. Opportunity
for public comment has been offered for a 30 day period through public notice,
and where requested, a public hearing has been held. The department shall
provide the region V office of the U.S. environmental protection agency with a
copy of the public notice, the department's technical analysis and the proposed
decision by the first day of the public comment period.
2. The owner or operator has demonstrated to
the department's satisfaction that the allowable emission rates in pars. (b) 1.
and 2. can be met.
3. The owner or
operator has demonstrated to the department's satisfaction that the
requirements of s.
NR 439.04 can be met.
(b)
Approval criteria. Any
department approval of an application made under this subsection shall, at a
minimum, do all of the following:
1.
Establish an allowable emission rate for each of the coating and printing lines
involved in the internal offset.
2.
Establish a combined daily allowable emission rate from all coating and
printing lines involved in the internal offset equal to: -
See PDF for
diagram where E is the total allowable emissions from all of
the coating and printing lines involved in the internal offset in kilograms
(pounds), Y = 1 for facilities located in areas designated attainment or
unclassified for ozone or in areas designated nonattainment for ozone with a
federally approved demonstration of attainment, and Y = 0.8 for facilities
located in areas designated nonattainment for ozone and lacking a federally
approved demonstration of attainment, A1,2...n is the lowest of the allowable
emission rate for each coating or printing line pursuant to ss.
NR 422.05 to 422.15, or other limitation imposed by
permit, order or approval, or the actual emission rate for each coating or
printing line, as of the date of the internal offset application, in kilograms
per liter (pounds per gallon) of coating or ink, excluding water, delivered to
the applicator, B1,2...n is the amount of coating material or ink in liters
(gallons), delivered to the applicator during the actual production day, C1,2
...n is the volume fraction of solids in the coating or ink, delivered to the
applicator during the actual production day, and D1,2...n is the theoretical
volume fraction of solids in the coating or ink necessary to meet the lowest of
the allowable emission rate for each coating or printing line pursuant to ss.
NR 422.05 to 422.15, or other limitation imposed by
permit, order or approval, calculated from: -
See PDF for
diagram
where P1,2...n is the density of the VOC used in the coating
or ink delivered to the applicator during the actual production day in
kilograms per liter (pounds per gallon). If the coating or ink does not contain
any VOCs, or if the actual VOC density cannot be demonstrated by the owner or
operator, a value of 0.88 kilograms per liter (7.36 pounds per gallon) shall be
used for P.
3. Establish
recordkeeping requirements adequate to determine compliance and consistent with
s.
NR 439.04.
(c)
Revocation. The
department may, after notice and opportunity for hearing, revoke or modify any
internal offset approved under this subsection when any term or condition of
the approval has been violated, or for other reasons deemed necessary by the
department.
(d)
Additional
requirements.
1. Notwithstanding s.
NR 425.04(4), to demonstrate compliance
under this subsection, actual emissions from all coating and printing lines
participating in an internal offset must be less than or equal to allowable
emissions as calculated using the equation in par. (b) 2.
2. Emission reductions from shutdowns or
production curtailments or which were claimed in the state's federally approved
demonstration of attainment, or any subsequent updated demonstration of
attainment, may not participate in an internal offset.
3. Coating and printing lines subject to chs.
NR 405,
440 or
446 to
449, or a lowest achievable
emission rate (LAER) emission limitation, may participate in an internal offset
under this subsection only if the owner or operator has certified, and the
department has confirmed, that such lines are in compliance with all applicable
requirements of those chapters or LAER.
4. Daily VOC emissions in excess of those
allowed under ss.
NR 422.05 to 422.15 shall be offset through an
approval issued under this subsection by VOC emission reductions achieved after
an application to use internal offsets has been submitted.
(e)
New or modified lines.
An owner or operator may include in an application under this subsection
coating or printing lines constructed or modified after March 1, 1990, on which
the owner or operator intends to apply coatings or inks not meeting the
applicable emission limitations in ss.
NR 422.05 to 422.15, and may apply such coatings or
inks under an internal offset approved under this subsection if he or she
demonstrates to the department's satisfaction that compliance with the
applicable emission limitation on such coating or printing lines is
technologically or economically infeasible.
(3) COMPLIANCE EXTENSIONS.
(a)
Availability. An owner
or operator of a source may request an extension to achieve compliance with the
emission limitations of ss.
NR 422.05 to 422.15 if the owner or operator
demonstrates to the department's satisfaction that it is technologically or
economically infeasible for the source to achieve compliance with the
applicable emission limitations as a result of the creation of this section
which became effective on March 1, 1990. The department may grant a request and
authorize the owner or operator, by order issued under s.
285.13(2),
Stats., to achieve compliance with the applicable emission limitation as
expeditiously as practicable, but not later than March 1, 1993.
(b)
Extension criteria.
Authorization under par. (a) may not be granted unless the owner or operator
had submitted a compliance plan for use of an internal offset under s.
NR 425.04(3) prior to March 1, 1990 and
had maintained records to demonstrate compliance under that subsection. In
addition, the owner or operator shall submit a proposed schedule which
demonstrates reasonable progress towards, and contains a date for, achieving
final compliance.
Note: The reference to s.
NR 425.04(3) refers to that section as
it existed prior to March 1, 1990. As of March 1, 1990, the internal offset
requirements of this chapter were moved from s.
NR 425.04(3) to this section.
(c)
Federal
approval. Any compliance extension authorization under par. (a) may
not become effective for federal purposes until it has met the following
requirements:
1. It has been submitted to the
administrator pursuant to applicable law, including but not limited to
42
USC 7410 and 40 CFR parts 51 and 52, and all
substantive requirements of the federal law have been met.
2. It has been approved by the administrator
or designee as a revision to the state implementation plan.
(4) ENFORCEABILITY. The
emission limitations and conditions of any approval issued under this section
are enforceable under s.
285.87,
Stats.
