Section 463.06. Compliance provisions.

 

(1)   Compliance dates.

(a) The owner or operator of an existing affected source shall comply with the emission limitations in ss. NR 463.04 and 463.05 as follows:

1. No later than October 1, 1998, if the affected source is a decorative chromium electroplating tank.

2. No later October 1, 1999, if the affected source is a hard chromium electroplating tank or a chromium anodizing tank.

(b) The owner or operator of a new or reconstructed affected source that has an initial startup after October 1, 1997, shall comply immediately upon startup of the source. The owner or operator of a new or reconstructed affected source that has an initial startup after December 16, 1993, but before October 1, 1997, shall follow the compliance schedule of s. NR 460.05 (2) (a) .

(c) The owner or operator of an existing area source that increases actual or potential emissions of hazardous air pollutants such that the area source becomes a major source shall comply with the provisions for existing major sources, including the reporting provisions of s. NR 463.106 (7) , immediately upon becoming a major source.

(d) The owner or operator of a new area source that increases actual or potential emissions of hazardous air pollutants such that the area source becomes a major source shall comply with the provisions for new major sources immediately upon becoming a major source.

(e) An owner or operator of an existing hard chromium electroplating tank or tanks located at a small, hard chromium electroplating facility that increases its maximum cumulative potential rectifier capacity, or its actual cumulative rectifier capacity, such that the facility becomes a large, hard chromium electroplating facility shall comply with the requirements of s. NR 463.04 (3) (a) 1. for all hard chromium electroplating tanks at the facility no later than one year after the month in which monthly records required by ss. NR 463.04 (3) (c) and 463.103 (2) (L) show that the large designation is met, or by the compliance date specified in par. (a) 2. , whichever is later.

(f) An owner or operator of a decorative chromium electroplating tank that uses a trivalent chromium bath that incorporates a wetting agent, and that ceases using the trivalent chromium process, shall comply with the emission limitation thereafter applicable to the tank within one year of switching from the bath operation.

(2)   Request for a compliance date extension. An owner or operator of an affected source or sources that requests a compliance date extension shall do so in accordance with this subsection and the applicable paragraphs of s. NR 460.05 (7) . When the owner or operator is requesting the extension for more than one affected source located at the facility, then only one request may be submitted for all affected sources at the facility.

(a) The owner or operator of an existing affected source who is unable to comply with a relevant standard under this subchapter may request that the department grant an extension allowing the owner or operator up to one additional year to comply with the standard for the affected source. The owner or operator of an affected source who has requested a compliance date extension under this subsection and is otherwise required to obtain a part 70 permit for the source shall apply for the permit or apply to have the part 70 permit revised to incorporate the conditions of the compliance date extension. The conditions of a compliance date extension granted under this subsection will be incorporated into the owner or operator's part 70 permit for the affected source according to 40 CFR part 70 or part 71 , whichever is applicable.

(b) Any request under this subsection for an extension of compliance with a relevant standard shall be submitted in writing to the department not later than 6 months before the affected source's compliance date as specified in this section.

(3)   Methods to demonstrate initial compliance.

(a) Except as provided in pars. (b) and (c) , an owner or operator of an affected source subject to the requirements of this subchapter is required to conduct an initial performance test as required under s. NR 460.06 , using the procedures and test methods listed in ss. NR 460.06 (2) and (5) and 463.09 .

(b) If the owner or operator of an affected source meets all of the following criteria, an initial performance test is not required to be conducted under this subchapter:

1. The affected source is a hard chromium electroplating tank, a decorative chromium electroplating tank or a chromium anodizing tank.

2. A wetting agent is used in the plating or anodizing bath to inhibit chromium emissions from the affected source.

3. The owner or operator complies with the applicable surface tension limit of s. NR 463.04 (3) (a) 3. or (b) 3. or (4) (b) as demonstrated through the continuous compliance monitoring required by s. NR 463.07 (5) (b) .

(c) If the affected source is a decorative chromium electroplating tank using a trivalent chromium bath, and the owner or operator is subject to the provisions of s. NR 463.04 (5) , an initial performance test is not required to be conducted under this subchapter.

Cr. Register, September, 1997, No. 501 , eff. 10-1-97; CR 05-039 : am. (1) (c), (e), (3) (b) 1. and 3. Register February 2006 No. 602 , eff. 3-1-06; CR 04-023 : am. (2) (a), (3) (a), (b) (intro.) and (c) Register December 2008 No, 636, eff. 1-1-09.