NR 424.03 History
History: Renum. from NR 154.13 (11),
Register, September, 1986, No. 369, eff. 10-1-86; corrections in (1) (b) and (3) (a) made under s. 13.93 (2m) (b) 7., Stats.,
Register, April, 1988, No. 388; r. (2) (b), renum. (2) (c) to be (2) (b) and am.,
Register, April, 1989, No. 400, eff. 5-1-89; am. (3),
Register, August, 1989, No. 404, eff. 9-1-89; am. (1) (a) (intro.), 3. and 4., (b), (2) (intro.) and (3) (intro.),
Register, February, 1990, No. 410, eff. 3-1-90; am. (1) (a) 3. and 4., renum. (2) (b) (intro.) to (2) (b) and am., r. (2) (b) 1. and 2., cr. (2) (c),
Register, December, 1995, No. 480, eff. 1-1-96; am. (3) (intro.),
Register, December, 1996, No. 492, eff. 1-1-97; am. (3) (intro.),
Register, October, 1999, No. 526, eff. 11-1-99;
CR 02-146: cr. (1) (c)
Register October 2003 No. 574, eff. 11-1-03;
correction in (3) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674. NR 424.04(1)(a)(a) Effective October 1, 1986, this section applies to any aerosol can filling facility which has maximum theoretical emissions of VOCs greater than or equal to 100 tons per year and which is located in the county of Kenosha, Milwaukee, Ozaukee, Racine, Washington or Waukesha.
NR 424.04(1)(b)
(b) Effective January 1, 1994, this section applies to any aerosol can filling facility which has maximum theoretical emissions of VOCs from the facility greater than or equal to one of the following:
NR 424.04(1)(b)1.
1. 25 tons per year for a facility located in the county of Kenosha, Milwaukee, Ozaukee, Racine, Washington or Waukesha.
NR 424.04(1)(b)2.
2. 100 tons per year for a facility located in the county of Door, Kewaunee, Manitowoc, Sheboygan or Walworth.
NR 424.04(2)
(2) Emission limitations. The owner or operator of an aerosol can filling facility shall install and operate a through-the-valve filling system on the aerosol can filling line, or install and operate a vapor recovery system or other device approved by the department, in order to reduce the amount of VOCs emitted from the aerosol can filling line by at least 52% by weight, as compared to uncontrolled VOC emissions from the line. Compliance shall be measured by a flame ionization detector or other device approved by the department. Any approval of an alternative device issued by the department under this subsection 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.
NR 424.04(3)(a)(a) This subsection applies only to an aerosol can filling facility which is in existence on January 1, 1994 and which meets one of the following criteria:
NR 424.04(3)(a)1.
1. The facility is located in the county of Door, Kewaunee, Manitowoc, Sheboygan or Walworth.
NR 424.04(3)(a)2.
2. The facility is located in the county of Kenosha, Milwaukee, Ozaukee, Racine, Washington or Waukesha and was not subject to this section prior to January 1, 1994.
NR 424.04(3)(b)1.
1. Notify the department's bureau of air management in writing by April 1, 1994. This notification shall provide the name and location of the affected facility and include VOC emission data if necessary to support eligibility under this subsection.
NR 424.04(3)(b)2.
2. Achieve final compliance with the requirements of this section no later than May 31, 1995.
NR 424.04 Note
Note: ``Maximum theoretical emissions" has the meaning given in s.
NR 419.02 (11).
NR 424.04 History
History: Cr.
Register, September, 1986, No. 369, eff. 10-1-86; am. (2) and (3) (c) 4.,
Register, April, 1988, No. 388, eff. 5-1-88; am. (1),
Register, February, 1990, No. 410, eff. 3-1-90; renum. (1) to be (1) (a) and am., cr. (1) (b), am. (2), r. and recr. (3),
Register, December, 1993, No. 456, eff. 1-1-94; am. (1) (b), (2), (3) (a),
Register, December, 1996, No. 492, eff. 1-1-97.
NR 424.05(1)(a)(a) This section applies to any yeast manufacturing facility which has maximum theoretical emissions of VOCs from the facility greater than or equal to one of the following:
NR 424.05(1)(a)1.
1. 25 tons per year for a facility located in the county of Kenosha, Milwaukee, Ozaukee, Racine, Washington or Waukesha.
NR 424.05(1)(a)2.
2. 100 tons per year for a facility located in the county of Kewaunee, Manitowoc or Sheboygan.
NR 424.05(1)(b)
(b) Any facility that becomes or is currently subject to this section by exceeding the applicability thresholds in
par. (a) shall remain subject to this section even if its emissions later fall below the applicability threshold.
NR 424.05(2)(a)(a) Except as provided in
pars. (b) and
(c), no owner or operator of a yeast manufacturing facility may cause, allow or permit the average concentration of VOCs in the exhaust gas stream from a fermenter over the duration of a fermentation batch to exceed the levels in
subds. 1. to
3. These levels are on a saturated water basis and are based on total VOCs expressed as propane.
NR 424.05(2)(b)
(b) The emission limitations of
par. (a) do not apply to the emissions resulting from the fermentation of any yeast variety which comprises less than 1% by weight of the facility's total annual liquid yeast production.
NR 424.05(2)(c)
(c) Compliance with the emission limitations in
par. (a) shall be achieved for at least 98% of all fermentation batches subject to the emission limitations in
par. (a) over any 12 consecutive month period.
NR 424.05(3)
(3) Compliance deadlines. Compliance shall be achieved for each fermenter subject to the emission limitations of
sub. (2) (a) by:
NR 424.05(3)(a)
(a) May 31, 1995 for each fermenter for which compliance is achieved through methods other than installation of emission control equipment.
NR 424.05(3)(b)
(b) November 30, 1995 for each fermenter for which compliance is achieved through the installation of emission control equipment.
NR 424.05(4)(a)(a) Notification. The owner or operator of any yeast manufacturing facility subject to the compliance deadline in
sub. (3) (b) for any fermenter, shall submit a notification to the department no later than May 31, 1995, which contains the following information, at a minimum:
NR 424.05(4)(a)4.
4. Whether add-on control equipment will be used to achieve compliance with
sub. (2) (a) for each fermenter.
NR 424.05(4)(b)
(b) Initial compliance certification. The owner or operator of any yeast manufacturing facility to which this section applies shall, by the applicable compliance deadline in
sub. (3), submit a certification for each fermenter that the fermenter is in compliance with the applicable emission limitation, as demonstrated by the continuous emission monitoring required under
sub. (5) (a) for fermenters meeting the deadline in
sub. (3) (a) and as demonstrated by the compliance emission testing required under
sub. (5) (b) for fermenters meeting the deadline in
sub. (3) (b).
NR 424.05(5)(a)(a) The owner or operator of a yeast manufacturing facility shall, for each fermenter for which compliance with the emission limitations of
sub. (2) (a) is achieved through methods other than emission control equipment, install, calibrate, maintain and operate a continuous emission monitor in accordance with
ss. NR 439.09 and
439.095 in order to determine compliance with the emission limitations of
sub. (2) (a).
NR 424.05(5)(b)
(b) The owner or operator of a yeast manufacturing facility shall, for each fermenter for which compliance with the emission limitations of
sub. (2) (a) is achieved through use of emission control equipment, comply with the requirements of
ss. NR 439.055,
439.06,
439.07 and
439.075. Compliance emission testing under this paragraph shall be conducted at least once every 24 months. Each biennial test shall be performed within 90 days of the anniversary date of the test conducted to certify compliance as required under
sub. (4) (b).
NR 424.05(5)(c)
(c) Testing under
pars. (a) and
(b) shall be conducted at a point in the exhaust gas stream prior to the introduction of any dilution air. Dilution air, for purposes of this paragraph, is considered to be any air not needed to control the fermentation process.
NR 424.05(6)
(6) Recordkeeping. In addition to meeting the recordkeeping requirements of
s. NR 439.04 (1) to
(3), the owner or operator of a facility subject to this section shall:
NR 424.05(6)(a)1.
1. Operation time for all control devices and monitoring equipment.
NR 424.05(6)(a)2.
2. Details of all routine and non-routine maintenance performed on all control devices and monitoring equipment including dates and duration of any outages.
NR 424.05(6)(a)3.
3. The fermentation cycle for which a fermenter is being used, recorded as either trade, first generation or stock.
NR 424.05(6)(b)1.
1. The pounds of liquid yeast produced each year for each yeast variety.
NR 424.05(6)(b)3.
3. The weight percent that each yeast variety represents of the facility's total annual liquid yeast production.
NR 424.05(6)(b)5.
5. For each fermentation batch subject to an emission limitation in
sub. (2) (a), the average concentration of VOC in the exhaust gas stream over the duration of the fermentation batch.
NR 424.05(6)(b)6.
6. The number of fermentation batches subject to an emission limitation in
sub. (2) (a) completed during each month.
NR 424.05(6)(b)7.
7. The percent of all completed fermentation batches in compliance with the applicable emission limitation in
sub. (2) (a) over the previous 12 consecutive month period.
NR 424.05 Note
Note: ``Maximum theoretical emissions" has the meaning given in s.
NR 419.02 (11).
NR 424.05 History
History: Cr.
Register, June, 1994, No. 462, eff. 7-1-94; am. (1) (a),
Register, December, 1996, No., 492, eff. 1-1-97;
CR 05-055: am. (2) (a) and (6) (a) 3., cr. (2) (c) and (6) (b) 5. to 7.
Register December 2005 No. 600, eff. 1-1-06.
