NR 425.03(12)(b)2. 2. Achieve final compliance with the applicable requirements no later than May 31, 1995.

NR 425.03(13) (13) Alternative or equivalent methods.

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) (b) The owner or operator of any source identified under par. (a) shall:

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. 2. No later than January 1, 1995, do one of the following:

NR 425.03(13)(b)2.a. a. Achieve compliance with the applicable control method specified under chs. NR 419 to 424 or the applicable reference method specified under ss. NR 439.06 to 439.095.

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) (c)

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) (14) Asphalt surfacing materials.

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) (b) The owner or operator of any facility identified under par. (a) shall:

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)(b)2. 2. Achieve final compliance with s. NR 422.16 no later than January 1, 1999.

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) (1) Exceptions.

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) (3) Specialized coatings.

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.