Chapter NR 425
COMPLIANCE SCHEDULES, DELAYS, EXCEPTIONS AND INTERNAL OFFSETS FOR ORGANIC COMPOUND EMISSION SOURCES IN CHS. NR 419 TO 424
NR 425.01 Applicability; purpose. NR 425.03 Compliance schedules. NR 425.04 Exceptions and non-ozone season allowances. NR 425.05 Internal offsets. NR 425.01(1)(1) Applicability. This chapter applies to all air contaminant sources governed by chs. NR 419 to 424 and to their owners and operators. NR 425.01(2)(2) Purpose. This chapter is adopted under ss. 285.11, 285.13 and 285.17, Stats., to establish time schedules for air contaminant sources governed by chs. NR 419 to 424 to meet the emission limits set for each specific organic compound emission source, to specify exceptions to the requirements of chs. NR 419 to 424, to establish an internal offset system and to establish criteria for granting compliance schedule delays. NR 425.01 HistoryHistory: Cr. Register, September, 1986, No. 369, eff. 10-1-86; am. (1) and (2), Register, February 1990, No. 410, eff. 3-1-90; am. (2), Register, February, 1995, No. 470, eff. 3-1-95. NR 425.02NR 425.02 Definitions. The definitions contained in chs. NR 400, 419, 420 and 421 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter: NR 425.02(1)(1) “Energy intensive control device” means an air pollution control device or system which consumes energy at a rate in excess of what would be required to heat the exhaust gas stream from 70°F to 800°F, taking into account energy recovered in the form of heat or organic compounds. NR 425.02(2)(2) “Hydrophobic substrate” means any substrate that is resistant to or avoids wetting. This may include but is not limited to polyethylene, polypropylene, cellophane, metalized polyester, nylon and polyester film. NR 425.02 HistoryHistory: Renum. from NR 154.01, Register, September, 1986, No. 369, eff. 10-1-86; am. (intro.), Register, February, 1990, No. 410, eff. 3-1-90; am. (intro.) and (2), Register, October, 1999, No. 526, eff. 11-1-99. NR 425.03(1)(1) Effective dates. Subsections (2) to (8) do not apply to a source which is in compliance with the emission limitations of chs. NR 419 to 424, provided the source has determined and certified compliance to the satisfaction of the department within 90 days after the date specified in the effective date table, nor do subs. (2) to (7) apply to a source on which construction or modification commenced on or after the specified date. Sources on which construction or modification commenced on or after the date specified in the effective date table shall meet the emission requirements of chs. NR 419 to 424 in accordance with the provisions of sub. (8). NR 425.03(2)(2) Process and emission control equipment installations. Except as provided under sub. (5) and s. NR 425.04, the owner or operator of a VOC emission source proposing to install and operate VOC emission control equipment or replacement process equipment to comply with the emission limiting requirements of chs. NR 419 to 424 shall achieve final compliance within 26 months of the date specified in the effective date table for that source. Effective Date Table
The effective date listed under the Date column applies to the requirements outlined in all sections listed in the Section column to the right of the effective date in this table.
NR 425.03(3)(a)(a) Except as provided under pars. (b) to (e) and subs. (5) and (7m), the owner or operator of a VOC source proposing to employ low solvent content coating or ink application technology to comply with the requirements of chs. NR 419 to 424 shall achieve final compliance within 28 months of the date specified in the effective date table for that source. NR 425.03(3)(b)(b) The owner or operator of a can coating or flexible packaging facility proposing to employ low solvent content coating technology to comply with the requirements of s. NR 422.05 (2) (d) or 422.07 (2) may exceed the deadline in par. (a) by 12 months in developing acceptable can end sealing compounds or coatings for hydrophobic flexible packaging substrates. NR 425.03(3)(c)(c) The owner or operator of a graphic arts facility proposing to employ low solvent content ink application technology to comply with the requirements of s. NR 422.14 may, for hydrophobic substrates, extend the date for achieving final compliance to December 31, 1985, provided: NR 425.03(3)(c)1.1. Final plans for achieving compliance are submitted by September 1, 1981. NR 425.03(3)(c)4.4. The plans provide for final compliance by December 31, 1985 through the use of an emission reduction system described in s. NR 422.14 (2) (c) and (3) in case the product quality and commercial acceptability evaluation shows low solvent content ink application technology to be unsatisfactory. NR 425.03(3)(d)(d) The owner or operator of a miscellaneous metal parts and products coating facility proposing to employ low solvent content coating technology to comply with the requirements of s. NR 422.15 may, for extreme performance coatings requiring prolonged product quality evaluation periods, extend final compliance to accommodate the prolonged evaluation period but in no case beyond December 31, 1985. NR 425.03(3)(e)(e) Where the department determines that the low solvent content coating or ink application technology has been sufficiently researched and developed for a particular application, the owner or operator of a VOC source proposing to comply with the requirements of chs. NR 419 to 424 through application of low solvent content coatings or inks shall achieve final compliance within 21 months of the date specified in the effective date table for that source. NR 425.03(4)(4) Equipment modification. Except as provided under subs. (5) and (7m), the owner or operator of a VOC source proposing to comply with the requirements of chs. NR 419 to 424 by modification of existing processing or emission control equipment shall achieve final compliance within 20 months of the date specified in the effective date table for that source. NR 425.03(5)(5) Alternate compliance schedules. Notwithstanding the deadlines specified in subs. (2) to (4), for any particular source the department may issue or approve a separate compliance schedule with later deadlines if it finds that those specified in subs. (2) to (4) would not be feasible. All alternate compliance schedules proposed or promulgated under this subsection shall provide for compliance of the source with the requirements of chs. NR 419 to 424 not later than December 31, 1982 or, where the owner or operator proposes to comply through development of a new surface coating which is subject to approval by a federal agency, not later than December 31, 1985. NR 425.03(6)(b)(b) Except as provided under sub. (7m), the owner or operator of a source required to undertake a phased compliance program shall achieve final compliance on or before the date specified in the applicable rule or approved compliance plan, but not later than December 31, 1987. NR 425.03(7)(a)(a) If the department finds any compliance plan submitted under this chapter to be unsatisfactory, it may require that the plan be resubmitted with appropriate revisions. NR 425.03(7)(b)(b) Process lines subject to requirements of this chapter on which construction or modification commenced on or before August 1, 1979 shall continue to comply with the requirements of s. NR 424.03 (2) (a) during any interim period prior to the final compliance date in the applicable compliance schedule. NR 425.03(7)(c)(c) Process lines 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, 422.13 to 422.15, and 423.05, on which construction or modification commenced on or after August 1, 1979, but before April 1, 1981, shall continue to comply with the requirements of s. NR 424.03 (2) (b) during any interim period prior to the final compliance date in the applicable compliance schedule. NR 425.03 NoteNote: The reference to s. NR 424.03 (2) (b) refers to that section as it existed prior to its repeal on May 1, 1989.
NR 425.03(7)(d)(d) Process lines covered under s. NR 421.04 on which construction or modification commenced on or after April 1, 1981 but before August 31, 1981, and process lines covered under s. NR 423.05 (1) on which construction or modification commenced on or after April 1, 1981 but before December 1, 1983, shall continue to comply with the requirements of s. NR 424.03 (2) (c) during any interim period prior to the final compliance date in the applicable compliance schedule. NR 425.03 NoteNote: 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 NoteNote: The reference to s. NR 422.03 (1) or (2) is as these subsections existed on January 31, 2012.
NR 425.03 NoteNote: 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).
