(1) WHAT IS THE
PURPOSE OF THIS CHAPTER? This chapter establishes national emission limits and
work practice standards for hazardous air pollutants (HAP) emitted from
industrial, commercial and institutional boilers and process heaters. This
chapter also establishes requirements to demonstrate initial and continuous
compliance with the emission limits and work practice standards.
Note: This subchapter is based on the federal regulations
contained in 40 CFR part 63 Subpart DDDDD, as created September 13, 2004 and
amended on December 28, 2005.
(2) AM I SUBJECT TO THIS CHAPTER? You are
subject to this chapter if you own or operate an industrial, commercial or
institutional boiler or process heater as defined in s.
NR 462.02 that is located at, or is part of, a major
source of HAP as defined in s.
NR 460.02(24) or
40
CFR 63.761 except as specified in sub.
(4).
(3) WHAT IS THE AFFECTED
SOURCE OF THIS CHAPTER?
(a) This chapter
applies to new, reconstructed, or existing affected sources as described in
subds. 1. and 2.
1. The affected source of
this chapter is the collection of all existing industrial, commercial and
institutional boilers and process heaters, as defined in s.
NR 462.02, within a subcategory located at a major
source.
2. The affected source of
this chapter is each new or reconstructed industrial, commercial or
institutional boiler or process heater, as defined in s.
NR 462.02, located at a major source.
(b) A boiler or process heater is
new if you commence construction of the boiler or process heater after January
13, 2003, and you meet the applicability criteria at the time you commence
construction.
(c) A boiler or
process heater is reconstructed if you meet the reconstruction criteria as
defined in s.
NR 460.02(32), you commence
reconstruction after January 13, 2003, and you meet the applicability criteria
at the time you commence reconstruction.
(d) A boiler or process heater is existing if
it is not new or reconstructed.
(4) ARE ANY BOILERS OR PROCESS HEATERS NOT
SUBJECT TO THIS CHAPTER? The types of boilers and process heaters listed in
pars. (a) to (o) are not subject to this chapter.
(a) A municipal waste combustor covered by 40
CFR part 60, subpart AAAA, BBBB, Cb or Eb.
(b) A hospital/medical/infectious waste
incinerator covered by 40 CFR part 60, subpart Ce or Ec.
(c) An electric utility steam generating unit
that is a fossil fuel-fired combustion unit of more than 25 megawatts that
serves a generator that produces electricity for sale. A fossil fuel-fired unit
that cogenerates steam and electricity, and supplies more than one-third of its
potential electric output capacity, and more than 25 megawatts electrical
output, to any utility power distribution system for sale is considered an
electric utility steam generating unit.
(d) A boiler or process heater required to
have a permit under section 3005 of the Solid Waste Disposal Act or covered by
40 CFR part 63, subpart EEE, such as a hazardous waste boiler.
(e) A commercial and industrial solid waste
incineration unit covered by 40 CFR part 60, subpart CCCC or subpart
DDDD.
(f) A recovery boiler or
furnace covered by 40 CFR part 63, subpart MM.
(g) A boiler or process heater that is used
specifically for research and development. This does not include units that
only provide heat or steam to a process at a research and development
facility.
(h) A water heater as
defined in s.
NR 462.02(51).
(i) A refining kettle covered by 40 CFR part
63, subpart X.
(j) An ethylene
cracking furnace covered by 40 CFR part 63, subpart YY.
(k) Blast furnace stoves as described in the
EPA document entitled "National Emission Standards for Hazardous Air Pollutants
for Integrated Iron and Steel Plants-Background Information for Proposed
Standards," EPA-453/R-01-005, incorporated by reference in s.
NR 484.06(4)
(d).
(L) Any boiler and process heater
specifically listed as an affected source in another standard under 40 CFR part
63 or chs. NR 462 to
469.
(m) Any boiler and process heater
specifically listed as an affected source in another standard established under
section 129 of the Act.
(n)
Temporary boilers as defined in s.
NR 462.02(47).
(o) Blast furnace gas fuel-fired boilers and
process heaters as defined in s.
NR 462.02(4).
(5) WHEN DO I HAVE TO COMPLY WITH THIS
CHAPTER?
(a) If you have a new or
reconstructed boiler or process heater, you shall comply with this chapter by
November 12, 2004 or upon startup of your boiler or process heater, whichever
is later.
(b) If you have an
existing boiler or process heater, you shall comply with this chapter no later
than September 13, 2007.
(c) If you
have an area source that increases its emissions or its potential to emit such
that it becomes a major source of HAP, subds. 1. and 2. apply to you.
1. Any new or reconstructed boiler or process
heater at the existing facility shall be in compliance with this chapter upon
startup.
2. Any existing boiler or
process heater at the existing facility shall be in compliance with this
chapter within 3 years after the facility becomes a major source.
(d) You shall meet the
notification requirements in s.
NR 462.07(1) according to the schedule
in s.
NR 462.07(1) and in ch. NR 460. Some of
the notifications shall be submitted before you are required to comply with the
emission limits and work practice standards in this chapter.
