Chapter NR 421

NR 421.07(1)(a) (a) This section applies to the owner or operator of any facility that is located in the county of Milwaukee, Waukesha, Washington, Ozaukee, Racine, Kenosha, or Sheboygan, and that operates an air oxidation unit, distillation operation, or reactor processes, as those activities are defined in ss. NR 440.675 (2) (c), 440.686 (2) (e), and 440.705 (2) (o), respectively, to produce any chemical as a product, coproduct, byproduct, or intermediate that is identified as follows:

NR 421.07(1)(a)1. 1. For any reactor process or distillation operation, any chemical listed in Table A-1 of Appendix A of Control of Volatile Organic Compound Emissions from Reactor Processes and Distillation Operations Processes in the Synthetic Organic Chemical Manufacturing Industry, EPA-450/4-91-031, incorporated by reference in s. NR 484.06 (4) (g), for which an x appears in the column titled Reactor and distillation CTG.

NR 421.07(1)(a)2. 2. For any oxidation unit, any chemical listed in s. NR 440.675 (8).

NR 421.07(1)(b) (b) For purposes of this section, any references to total organic compounds or TOC in ss. NR 440.675, 440.686, or 440.705 shall be considered to be volatile organic compounds as defined in s. NR 400.02 (162).

NR 421.07(2) (2) Air oxidation unit processes.

NR 421.07(2)(a) (a) Unless exempt under par. (b), the owner or operator of a facility operating air oxidation unit processes subject to this section shall comply with the requirements of s. NR 440.675, subject to the following exceptions:

NR 421.07(2)(a)1. 1. Notwithstanding s. NR 440.675 (1) (b) (intro.), for purposes of this section, an affected facility shall be one that is described by the criteria in s. NR 440.675 (1) (b) 1. to 3., without consideration of the specific date of the construction, modification or reconstruction of the facility.

NR 421.07(2)(a)2. 2. Notwithstanding s. NR 440.675 (3) (intro.), for purposes of this section, the owner or operator of an affected facility shall comply with s. NR 440.675 (3) (a), (b), or (c) no later than August 1, 2010.

NR 421.07(2)(a)3. 3. Notwithstanding s. NR 440.675 (6) (a), each owner or operator subject to this section shall notify the department how the facility will comply with the specific provisions of s. NR 440.675 (3) no later than June 1, 2010 or no later than 60 days after becoming subject to this section, whichever is later.

NR 421.07(2)(a)4. 4. Section NR 440.675 (7) does not apply.

NR 421.07(2)(b) (b) Exemptions listed in s. NR 440.675 (1) (c) shall apply to an owner or operator subject to this subsection.

NR 421.07(3) (3) Distillation operations.

NR 421.07(3)(a) (a) Unless exempt under par. (b), the owner or operator of a facility with distillation operations subject to this section shall comply with the requirements of s. NR 440.686, subject to the following exceptions:

NR 421.07(3)(a)1. 1. Notwithstanding s. NR 440.686 (1) (b) (intro.), for purposes of this section, an affected facility shall be one that is described by the criteria in s. NR 440.686 (1) (b) 1. to 3., without consideration of the specific date of the construction, modification or reconstruction of the facility.

NR 421.07(3)(a)2. 2. Notwithstanding s. NR 440.686 (3) (intro.), for purposes of this section, the owner or operator of an affected facility shall comply with s. NR 440.686 (3) (a), (b), or (c) no later than August 1, 2010.

NR 421.07(3)(a)3. 3. Notwithstanding s. NR 440.686 (6) (a), each owner or operator subject to this section shall notify the department how the facility will comply with the specific provisions of s. NR 440.686 (3) no later than June 1, 2010 or no later than 60 days after becoming subject to this section, whichever is later.

NR 421.07(3)(a)4. 4. Section NR 440.686 (7) does not apply.

NR 421.07(3)(a)5. 5. Notwithstanding s. NR 440.686 (8), the chemicals affected by this subsection are those identified in sub. (1) (a) 1.

NR 421.07(3)(b) (b) Exemptions listed in s. NR 440.686 (1) (c) shall apply to an owner or operator subject to this subsection.

NR 421.07(4) (4) Reactor processes.

NR 421.07(4)(a) (a) Unless exempt under par. (b), the owner or operator of a facility with reactor processes subject to this section shall comply with the requirements of s. NR 440.705, subject to the following exceptions:

NR 421.07(4)(a)1. 1. Notwithstanding s. NR 440.705 (1) (b) (intro.), for purposes of this section, an affected facility shall be one that is described by the criteria in s. NR 440.705 (1) (b) 1. to 3., without consideration of the specific date of the construction, modification or reconstruction of the facility.

NR 421.07(4)(a)2. 2. Notwithstanding s. NR 440.705 (3) (intro.), for purposes of this section, the owner or operator of an affected facility shall comply with s. NR 440.705 (3) (a), (b), or (c) no later than August 1, 2010.

NR 421.07(4)(a)3. 3. Notwithstanding s. NR 440.705 (6) (a), each owner or operator subject to this section shall notify the department how the facility will comply with the specific provisions of s. NR 440.705 (3) no later than June 1, 2010 or no later than 60 days after becoming subject to this section, whichever is later.

NR 421.07(4)(a)4. 4. Section NR 440.705 (7) does not apply.

NR 421.07(4)(a)5. 5. Notwithstanding s. NR 440.705 (8), the chemicals affected by this subsection are those identified in sub. (1) (a) 1.

NR 421.07(4)(b) (b) Exemptions listed in s. NR 440.705 (1) (c) shall apply to an owner or operator subject to this subsection.

NR 421.07(5) (5) Compliance emission testing. The owner or operator of a facility subject to this section shall conduct compliance emission testing in accordance with s. NR 439.075 (2) (c) 3. j.

NR 421.07(6) (6) Delayed compliance. If the owner or operator of a facility employs a VOC emission control device that, on August 1, 2009 does not achieve compliance with an emission limitation in s. NR 440.675 (3), 440.686 (3), or 440.705 (3), applicable under this section, the owner or operator is not required to comply with the emission limitation until the control device is replaced for reasons other than compliance, including normal maintenance, malfunction, accident, and obsolescence. A control device is considered to be replaced when either of the following occur:

NR 421.07(6)(a) (a) All of the control device is replaced.

NR 421.07(6)(b) (b) The cost of repair of the control device or the cost of replacement of part of the control device exceeds 50% of the cost of replacing the entire control device with a control device that is capable of complying with the respective requirement of s. NR 440.675 (3), 440.686 (3), or 440.705 (3).

NR 421.07 History History: CR 08-114: cr. Register July 2009 No. 643, eff. 8-1-09; correction in (4) (a) 1. made under s. 13.92 (4) (b) 7., Stats., Register July 2009 No. 643; CR 11-005: renum. (1) (a) to be (1) (a) (intro.) and am., cr. (1) (a) 1., 2., (3) (a) 5., (4) (a) 5., am. (5) Register January 2012 No. 673, eff. 2-1-12.