Section 415.09. Compliance schedule for sources of condensible particulate matter.

 

(1)   General compliance schedule. If a source on which construction or modification was last commenced on or before July 1, 1975, other than a heatset web offset press, fails to meet a particulate emission limitation in this chapter because of the inclusion of condensible particulate matter, as defined in s. NR 439.02 (4) , in the determination of emission rates or concentrations, the owner or operator of the source shall achieve final compliance with the applicable limitation by October 1, 1990.

(2)   Compliance schedule for heatset web offset presses. If a heatset web offset press on which construction or modification was last commenced on or before July 1, 1975 fails to meet a particulate emission limitation in this chapter because of the inclusion of condensible particulate matter, as defined in s. NR 439.02 (4) , in the determination of emission rates or concentrations, the owner or operator of the source may not exceed the following increments of progress in achieving compliance with that limit:

(a) Submit plans for achieving compliance or request a variance in accordance with the provisions of sub. (3) (a) by July 1, 1993.

(b) Award any necessary contracts by July 1, 1994.

(c) Commence construction, installation or modification of any emission control system by December 31, 1994.

(d) Complete construction, installation or modification of any emission control system by July 1, 1995.

(e) Achieve final compliance with the applicable emission limit by December 31, 1995.

(3)   Variance. Notwithstanding sub. (2) , the owner or operator of a source constructed or modified on or before July 1, 1975 which fails to meet a particulate emission limitation in this chapter because of the inclusion of condensible particulate matter, as defined in s. NR 439.02 (4) , in the determination of emission rates or concentrations may request in writing a variance from the emission limitation from the department under par. (a) on or before July 1, 1993 if the source is a heatset web offset press.

(a) 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) and (3) if compliance with the emission limitation is shown to be technologically or economically infeasible.

(b) The department shall grant a variance under this paragraph and set an alternate emission limitation if the following criteria are met:

1. The variance will not delay attainment or prevent maintenance of any ambient air quality standard, as determined by methods acceptable to the department.

2. The applicable particulate emission limitation for the air contaminant source for which a variance is requested was promulgated on or before October 1, 1987.

3. The request for variance includes the report of a test conducted according to the methods and procedures of s. NR 439.07 , for the air contaminant source for which the variance is requested, which demonstrates noncompliance with the applicable particulate emission limitation.

4. The air contaminant source for which a variance is requested is not reasonably capable of complying with the applicable emission limitation except by means of the installation and operation of an electrostatic precipitator, fabric filter baghouse or wet scrubber for particulates or the source is equipped with such a control device and demonstrates to the department's satisfaction that compliance is still not achievable.

(c) The department may revoke or modify any variance granted under this subsection in accordance with the provisions of s. NR 436.05 (4) .

History: Cr. Register, September, 1987, No. 381 , eff. 10-1-87; am. (1) (intro.) and (c), renum. (2) to be (3) and am. (intro.), cr. (2), Register, April, 1989, No. 400 , eff. 5-1-89; am. (1) (intro.), (3) (intro.), r. (1) (a) to (e)., Register, December, 1995, No. 480 , eff. 1-1-96.