Section 665.1082. Schedule for implementation of air emission standards.

 

(1)  Owners or operators of facilities existing on June 1, 1998 and subject to subch. I , J or K shall meet all of the following requirements:

(a) Install and begin operation of all control equipment or waste management units required to comply with this subchapter and complete modifications of production or treatment processes to satisfy exemption criteria according to s. NR 665.1083 (3) by June 1, 1998, except as provided for in par. (b) .

(b) When control equipment or waste management units required to comply with this subchapter cannot be installed and in operation or modifications of production or treatment processes to satisfy exemption criteria according to s. NR 665.1083 (3) cannot be completed by June 1, 1998, the owner or operator shall do all of the following:

1. Install and begin operation of the control equipment and waste management units, and complete modifications of production or treatment processes as soon as possible but no later than June 1, 1999.

2. Prepare an implementation schedule that includes specific calendar dates for award of contracts or issuance of purchase orders for control equipment, waste management units and production or treatment process modifications; initiation of on-site installation of control equipment or waste management units, and modifications of production or treatment processes; completion of control equipment or waste management unit installation, and production or treatment process modifications; and performance of testing to demonstrate that the installed equipment or waste management units, and modified production or treatment processes meet the applicable standards of this subchapter.

3. For facilities subject to the recordkeeping requirements of s. NR 665.0073 , the owner or operator shall enter the implementation schedule specified in subd. 2. in the operating record no later than June 1, 1998.

4. For facilities not subject to s. NR 665.0073 , the owner or operator shall enter the implementation schedule specified in subd. 2. in a permanent, readily available file located at the facility no later than June 1, 1998.

(2)  Owners or operators of facilities and units in existence on the effective date of a department rule amendment that renders the facility subject to subch. I , J or K shall meet all of the following requirements:

(a) Install and begin operation of control equipment or waste management units required to comply with this subchapter, and complete modifications of production or treatment processes to satisfy exemption criteria of s. NR 665.1083 (3) by the effective date of the amendment, except as provided for in par. (b) .

(b) When control equipment or waste management units required to comply with this subchapter cannot be installed and begin operation, or when modifications of production or treatment processes to satisfy exemption criteria of s. NR 665.1083 (3) cannot be completed by the effective date of the amendment, the owner or operator shall do all of the following:

1. Install and begin operation of the control equipment or waste management unit, and complete modification of production or treatment processes as soon as possible but no later than 30 months after the effective date of the amendment.

2. For facilities subject to the recordkeeping requirements of s. NR 665.0073 , enter and maintain the implementation schedule specified in sub. (1) (b) 2. in the operating record no later than the effective date of the amendment.

3. For facilities not subject to s. NR 665.0073 , the owner or operator shall enter and maintain the implementation schedule specified in sub. (1) (b) 2. in a permanent, readily available file located at the facility site no later than the effective date of the amendment.

(3)  Owners and operators of facilities and units that become newly subject to this subchapter after June 1, 1999 due to an action other than those described in sub. (2) shall comply with all applicable requirements immediately (i.e., shall have control devices installed and operating on the date the facility or unit becomes subject to this subchapter; the 30-month implementation schedule does not apply).

(4)  The department may elect to extend the implementation date for control equipment at a facility, on a case by case basis, to a date later than June 1, 1999, when special circumstances that are beyond the facility owner's or operator's control delay installation or operation of control equipment, and the owner or operator has made all reasonable and prudent attempts to comply with this subchapter.

History: CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06.