Section 446.03. Mercury emission limits.

 

(1)  No person may cause, allow or permit emissions of mercury in such quantity and duration as to cause the ambient air concentration to exceed 1 m g/m 3 , averaged over a 30-day period.

(2)  

(a) No person may commence construction or modification of a stationary source that results in an increase in annual allowable emissions of mercury of 10 pounds or more from the new or modified source unless the person has obtained a permit under ch. NR 406 . The department may not issue a permit under ch. NR 406 for the source unless the department finds that emissions of mercury will be controlled to a level which is best available control technology.

(b) New or modified stationary sources that are subject to an emission limit for mercury required under section 111 or 112 of the Act ( 42 USC 7411 and 7412 respectively) are exempt from the requirements of this section.

(c) Except as provided in par. (b) , this section applies to all new or modified sources for which an air permit application was submitted or should have been submitted to the department under par. (a) on or after the first day of the calendar month following October 1, 2004.

CR 01-081 : renum. (intro.) and (1) from s. NR 446.03 and am. Register September 2004 No. 585 , eff. 10-1-04; CR 07-036 : cr. (title), sub. (1) and (2) renum. from NR 446.025 and NR 446.05, am. (2) (b) and (c) Register November 2008 No. 635 , eff. 12-1-08.