NR 425.03 Note
Note: The reference to s. NR 424.03 (2) (c) refers to that section as it existed prior to May 1, 1989. As of May 1, 1989, s. NR 424.03 (2) (c) was renumbered to be s. NR 424.03 (2) (b) and amended.
NR 425.03(7)(e)
(e) Where a source is not otherwise subject to requirements of this chapter and was previously unregulated under chs.
NR 419 to
424, the final compliance plan shall specify reasonable measures to minimize emissions of VOCs during the interim period prior to the final compliance date.
NR 425.03(7m)
(7m)
Compliance schedule delays. Notwithstanding any compliance schedule approved or issued under this section, the department may approve a new compliance schedule which provides additional time for achieving compliance, provided that all of the following conditions are met:
NR 425.03(7m)(a)
(a) The owner or operator of the source is able to document to the department's satisfaction that the source is unable to meet the applicable deadline under this section due to circumstances beyond the owner or operator's control which could not reasonably have been avoided by using all prudent planning.
NR 425.03(7m)(b)
(b) The final compliance for sources covered under ss.
NR 420.03 (5),
420.04 (1) (b),
(c) and
(f),
(2) (b),
(c) 1.,
(d),
(e) and
(h),
(3) (b) 1. and
2.,
(c),
(e),
(f),
(g) 1. and
2.,
(h) and
(i),
420.05 (1) to
(3),
422.05 to
422.08,
422.10 to
422.12 and
423.03 (3) to
(5) is not later than December 31, 1982.
NR 425.03(7m)(c)
(c) The final compliance for sources covered under ss.
NR 420.03 (6),
420.04 (1) (d),
(e) and
(g),
(2) (c) 3.,
(f) and
(g),
(3) (b) 3.,
(d) and
(g) 3.,
420.05 (4),
421.03 (1) to
(3),
421.04, and
422.13 to
422.15 is not later than that required in this section.
NR 425.03(8)
(8)
New and modified sources. Any source on which construction or modification commenced on or after the date specified for the source category in the effective date table shall meet the emission limitations of chs.
NR 419 to
425 upon startup unless the owner or operator of the source demonstrates, to the satisfaction of the department, that compliance upon startup would be technologically infeasible. Such sources shall instead meet a department-specified compliance schedule which provides for interim emission limitations and for ultimate compliance with the emission limitations of chs.
NR 419 to
425. Ultimate compliance shall be as soon as practicable but in no event later than the final compliance date applicable to the source under this chapter or chs.
NR 419 to
424.
NR 425.03(9)(a)(a) This subsection applies only to a leather coating facility in existence on January 1, 1994 and which is one of the following:
NR 425.03(9)(a)1.
1. Located in the county of Door, Kewaunee, Manitowoc, Sheboygan or Walworth.
NR 425.03(9)(a)2.
2. Located in the county of Kenosha, Milwaukee, Ozaukee, Racine, Washington or Waukesha and which was not subject to this section prior to January 1, 1994.
NR 425.03(9)(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 from coating applications if necessary to support eligibility under this subsection.
NR 425.03(10)
(10)
Sources of VOCs with vapor pressures less than or equal to 0.1 millimeters of mercury (0.0019 psia) at standard conditions. NR 425.03(10)(a)(a) This subsection applies only to sources constructed or last modified before March 1, 1990 which fail to meet an applicable VOC emission limitation of chs.
NR 419 to
424 as a result of the amendment to s.
NR 400.02 (162) which became effective on March 1, 1990.
NR 425.03(10)(b)
(b) The owner or operator of any source subject to this subsection shall:
NR 425.03(10)(b)1.
1. Notify the department's bureau of air management in writing by 90 days after March 1, 1990. This notification shall identify the name and location of the affected facility and the specific coatings and inks used at that facility which are eligible for the compliance extension under this subsection.
NR 425.03(10)(c)
(c) For sources which were subject to an emission limitation under chs.
NR 419 to
424 before March 1, 1990, the compliance schedule in par.
(b) shall only apply to those coatings or inks which contained organic compounds with a vapor pressure less than or equal to 0.1 millimeters of mercury (0.0019 psia) at standard conditions and which the source relied on to comply with the applicable emission limitation prior to March 1, 1990.
NR 425.03(10)(d)
(d) 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 prescribed in chs.
NR 419 to
424 as a result of the amendment to s.
NR 400.02 (162) which became effective on March 1, 1990 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.
NR 425.03(11)
(11)
Bulk gasoline plants and gasoline dispensing facilities in Door and Kewaunee counties. NR 425.03(11)(a)
(a) This subsection applies only to bulk gasoline plants and gasoline dispensing facilities located in Door or Kewaunee county on which construction or last modification commenced before November 15, 1992, and which are required to comply with the requirements of s.
NR 420.04 (2) or
(3).
NR 425.03(11)(b)
(b) The owner or operator of any bulk gasoline plant subject to the requirements of s.
NR 420.04 (2) shall do all of the following:
NR 425.03(11)(b)1.
1. Notify the department in writing by July 1, 1993, of the affected facility, the storage capacity of each stationary tank, in gallons, located at the facility, the material stored in each stationary storage tank and the yearly throughput of gasoline at the facility for the calendar years 1990, 1991 and 1992.
NR 425.03(11)(c)1.
1. Notify the department in writing by July 1, 1993, of the affected facility, the storage capacity of each stationary storage tank, in gallons, located at the facility, and the material stored in each stationary storage tank.
NR 425.03(12)(a)(a) This subsection applies only to a facility which was in existence on January 1, 1994 and to which one of the following applies:
NR 425.03 Note
Note: The reference to s. NR 422.03 (1) or (2) is as these subsections existed on January 31, 2012.
NR 425.03 Note
Note: The reference to s. NR 422.03 (3) is as the subsection existed on January 31, 2012.
NR 425.03(12)(a)7.a.
a. The facility was located outside the counties of Brown, Calumet, Dane, Dodge, Fond du Lac, Jefferson, Kenosha, Manitowoc, Milwaukee, Outagamie, Ozaukee, Racine, Rock, Sheboygan, Walworth, Washington, Waukesha and Winnebago.
NR 425.03(12)(a)7.b.
b. Conveyorized non-vapor degreasers at the facility had a total horizontal solvent-air interface smaller than 2.0 square meters (21.6 square feet).
NR 425.03(12)(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 information adequate to support eligibility for the schedule provided under this subsection.
NR 425.03(12)(b)2.
2. Achieve final compliance with the applicable requirements no later than May 31, 1995.
NR 425.03(13)(a)
(a) This subsection applies only to a facility in existence on January 1, 1994 and which, prior to January 1, 1994, received written approval from the department to use an alternative or equivalent VOC control method as allowed in chs.
NR 419 to
424, or received written approval from the department to use an alternative, equivalent or other specific method or procedure for determining compliance with emission limitations for an ozone precursor, as allowed in s.
NR 439.06.
NR 425.03(13)(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 shall include a copy of the department approval referred to in par.
(a). A copy of the notification required under this subdivision shall be maintained at the facility until at least January 1, 1995.
NR 425.03(13)(b)2.b.
b. Notify the department's bureau of air management in writing that it is the owner's or operator's intent to continue to use the approved alternative or equivalent method.
NR 425.03(13)(b)2.c.
c. Submit a written request to the department's bureau of air management for approval to use a proposed alternative or equivalent method as allowed in chs.
NR 419 to
424 and s.
NR 439.06.
NR 425.03(13)(c)1.1. Upon receipt of a notification under par.
(b) 2. b., the department shall submit the approved alternative or equivalent method to the administrator or designee as a source-specific revision to the department's state implementation plan for ozone.
NR 425.03(13)(c)2.
2. A request submitted under par.
(b) 2. c. shall be reviewed by the department and if approved, submitted to the administrator or designee as a source-specific revision to the department's state implementation plan for ozone.
NR 425.03(13)(c)3.
3. Notwithstanding par.
(b) 2. b. and
c., unless or until an alternative or equivalent method as allowed in chs.
NR 419 to
424 or s.
NR 439.06 is approved by the administrator or designee as a source-specific revision to the department's state implementation plan for ozone, the applicable control methods specified under chs.
NR 419 to
424 and reference methods specified under ss.
NR 439.06 to
439.095 shall become federally enforceable on January 1, 1995.
NR 425.03(14)(a)
(a) This subsection applies only to a facility which prior to January 1, 1996 applied an asphalt surfacing material not subject to s.
NR 422.16, but which, as a result of the amendment to s.
NR 422.02 (20) which became effective on January 1, 1996, became subject to s.
NR 422.16.
NR 425.03(14)(b)1.
1. Notify the department's bureau of air management in writing by 90 days after January 1, 1996. This notification shall include the name and location of the affected facility and the name, or other unique descriptor, of the asphalt surfacing material identified under par.
(a).
NR 425.03(14)(c)
(c) The compliance schedule in par.
(b) shall only apply to the asphalt surfacing material affected by the amendment to s.
NR 422.02 (20) which became effective on January 1, 1996.
NR 425.03 History
History: Renum. from NR 154.13 (12) (a) (intro.) and (b) to (h) and am.
Register, September, 1986, No. 369, eff. 10-1-86; am. (1) table, cr. (9),
Register, January, 1987, No. 373, eff. 2-1-87; corrections in (7) made under s. 13.93 (2m) (b) 7., Stats.,
Register, April, 1989; am. (2) (a) (intro.), (3) (a) (intro.) and (e), (4) (a) (intro.), (6) (b) (intro.), (7) (c) and (d) and (8), am. (7m) as renum. from NR 425.04 (4), cr. (10),
Register, February, 1990, No. 410, eff. 3-1-90; cr. (11),
Register, January, 1993, No. 445, eff. 2-1-93; r. and recr. (9), cr. (12) and (13),
Register, December, 1993, No. 456, eff. 1-1-94; am. (12) (a) 7.,
Register, August, 1994, No. 464, eff. 9-1-94; correction in (12) (a) 1., made under s. 13.93 (2m) (b) 7., Stats.,
Register, August, 1994, No. 464; am. (12) (a) 1., (13) (c) 3.,
Register, February, 1995, No. 470, eff. 3-1-95; renum. (2) (a) (intro.), (4) (a) (intro.), (5) (a) (intro.) to be (2), (4) and (5) and am., r. (2) (a) 1. to 5., (b), (3) (a) 1. to 7., (3) (c) 2., (3) (d) 1. to 4., (3) (e) 1. to 6. and (f), (4) (a) 1. to 5. and (b), (5) (a) 1. to 4., (b) and (c), (6) (b) 1. to 3., am. (3) (a) (intro.), (b), (d) (intro.), (e) (intro.), (6) (b) (intro.), (7) (e), (7m) (intro.) and (a), (8), cr. (14),
Register, December, 1995, No. 480, eff. 1-1-96
; am. (7m), (11) (b) (intro.), (13) (b) 2. intro.,
Register, December, 1996, No. 492, eff. 1-1-97; am. (9) (a) (intro.), 1., (10) (a), (d), (12) (a) (intro.), 1. to 6. and 7. (intro.),
Register, October, 1999, No. 526, eff. 11-1-99; corrections in (7) (c), (7m) (b) and (c) made under s. 13.93 (2m) (b) 7., Stats.; correction in (12) (a) 3., 5. made under s. 13.92 (4) (b) 7., Stats.,
Register January 2012 No. 673.
NR 425.04
NR 425.04 Exceptions and non-ozone season allowances. NR 425.04(1)(a)(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.
NR 425.04(1)(b)
(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).
NR 425.04(3)(a)(a) This subsection applies only to sources subject to s.
NR 422.15 or
422.151 that, prior to March 1, 1990, applied specialized coatings required by state or federal agencies on products made for their use.
NR 425.04(3)(b)
(b) The owner or operator of any source subject to this subsection shall:
NR 425.04(3)(b)1.
1. Notify the department's bureau of air management in writing by 90 days after March 1, 1990.
NR 425.04(3)(b)2.
2. Achieve final compliance for specialized coatings required by state or federal agencies on products made for their use by March 1, 1991.
NR 425.04(3)(c)
(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.
NR 425.04(3)(d)
(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.
NR 425.04 Note
Note: NR 422.15 (1) (f) was repealed eff. 3-1-90.
NR 425.04(3)(d)1.
1. Any request made under this paragraph shall be made in writing and be received by the department on or before March 1, 1991.
NR 425.04(4)
(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.
NR 425.04 History
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;
CR 20-088: am. (3) (a) Register May 2022 No. 797, eff. 6-1-22. NR 425.05
NR 425.05 Internal offsets. An owner or operator of a surface coating or printing facility subject to ss.
NR 422.05 to
422.15 may achieve compliance with the emission limitations in those sections through the use of an internal offset provided the owner or operator has submitted, and the department has approved, an application under sub.
(1) or
(2). The owner or operator shall specify the subsection under which the application is submitted.
NR 425.05(1)(a)(a) Eligibility. The department may, by order issued under s.
285.13 (2), Stats., approve an application made under this subsection only if all of the following conditions are met:
NR 425.05(1)(a)1.
1. The construction or modification of each coating or printing line with emissions exceeding an applicable limitation was commenced on or before:
NR 425.05(1)(a)2.
2. The owner or operator has certified, and the department has confirmed, that the emissions of all air contaminants from all existing sources owned or controlled by the owner or operator in the state, other than VOC emissions from sources specified in subd.
1. for which an application was made under this subsection, are in compliance with or under a schedule for compliance as expeditiously as practicable with all applicable local, state and federal laws and regulations.
NR 425.05(1)(a)3.
3. The owner or operator has demonstrated to the department's satisfaction that the allowable emission rates in pars.
(b) 1. and
2. can be met.
NR 425.05(1)(a)4.
4. The owner or operator has demonstrated to the department's satisfaction that the requirements of s.
NR 439.04 can be met.
