Section 425.04. Exceptions and non-ozone season allowances.

 

(1)   Exceptions.

(a) For sources on which construction or modification commenced before August 1, 1979, the provisions of ss. NR 419.05 , 419.06 and 424.03 do not apply to the storage, transfer, use or application of saturated halogenated hydrocarbons, perchloroethylene or acetone.

(b) Except for the provisions of s. NR 419.03 (1) and (2) , the requirements of chs. NR 419 to 424 do not apply to the use or application of insecticides, pesticides or herbicides or to the use or emission of organic compounds which have been determined to have negligible photochemical reactivity as listed in s. NR 400.02 (162) .

(3)   Specialized coatings.

(a) This subsection applies only to sources subject to s. NR 422.15 which, prior to March 1, 1990, applied specialized coatings required by state or federal agencies on products made for their use.

(b) The owner or operator of any source subject to this subsection shall:

1. Notify the department's bureau of air management in writing by 90 days after March 1, 1990.

2. Achieve final compliance for specialized coatings required by state or federal agencies on products made for their use by March 1, 1991.

(c) The department may, by order issued under ss. 285.13 (2) and 285.83 , Stats., authorize a source not in compliance with an emission limitation in s. NR 422.15 for specialized coatings required by state or federal agencies on products made for their use to achieve compliance as expeditiously as practicable but not later than March 1, 1993. The department shall hold a public hearing in accordance with its rules prior to authorizing any period of delayed compliance which exceeds 30 days in duration. No order under this subsection may be issued unless the requirements of s. NR 436.04 (2) (g) and (h) are satisfied.

(d) Notwithstanding par. (b) , the owner or operator of a source constructed or modified before March 1, 1990 which fails to meet a VOC emission limitation of s. NR 422.15 because of the amendment to s. NR 422.15 (1) (f) , which became effective March 1, 1990, may request a variance from the emission limitation.

1. Any request made under this paragraph shall be made in writing and be received by the department on or before March 1, 1991.

2. 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) (c) and (d) , (3) and (5) .

(4)   Limitation of restrictions to the ozone season. Where the requirements of chs. NR 419 to 425 are met by means of a natural gas fired incinerator, use of the incinerator shall be required only during the ozone season, provided that operation of the incinerator is not required for purposes of occupational health or safety or for the control of toxic or hazardous substances, malodors, or other pollutants regulated by other sections of chs. NR 400 to 499 . The provisions of this subsection may be applied, subject to approval of the department, where the requirements of chs. NR 419 to 425 are met by use of other energy intensive control devices. Any approval issued by the department to apply the provision of this subsection to control devices other than natural gas fired afterburners or incinerators 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.

History: Renum. from NR 154.13 (13) and am. Register, September, 1986, No. 369 , eff. 10-1-86; corrections in (3) (a), (4) (b) and (c) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1989 ; renum. (1), (2), (4), (5) and (6) (b) to be (1) (a) and (b), NR 425.03 (7m), (4) and (2) and am. (1) (a) and (b), NR 425.03 (7m) and (4), r. and recr. (3), r. (6) (a), Register, February, 1990, No. 410 , eff. 3-1-90; reprinted to correct (1) (b) and (4), Register, March, 1990, No. 411 ; am. (2), Register, May, 1992, No. 437 , eff. 6-1-92; am. (4), Register, December, 1993, No. 456 , eff. 1-1-94; am. (1) (b), r. (2), Register, February, 1995, No. 470 , eff. 3-1-95; am. (1) (b), Register, December, 1995, No. 480 , eff. 1-1-96; am. (4), Register, December, 1996, No. 492 , eff. 1-1-97; am. (1) (b), Register, October, 1999, No. 526 , eff. 11-1-99.

Note

NR 422.15 (1) (f) was repealed eff. 3-1-90. Microsoft Windows NT 6.1.7601 Service Pack 1