Wis. Admin. Code Department of Natural Resources NR 421.07 - Synthetic organic chemical manufacturing industry
(1) APPLICABILITY.
(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:
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.
2. For any oxidation unit, any chemical
listed in s.
NR 440.675(8).
(b) For purposes of this section, any
references to total organic compounds or TOC in ss.
NR 440.675, 440.686, or shallbe 440.705
considered to be volatile organic compounds as defined in s.
NR 400.02(162).
(2) AIR OXIDATION UNIT PROCESSES.
(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:
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.
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.
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.
4. Section
NR 440.675(7) does not apply.
(b) Exemptions listed in s.
NR 440.675(1) (c) shall apply to an
owner or operator subject to this subsection.
(3) DISTILLATION OPERATIONS.
(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:
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.
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.
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.
4. Section
NR 440.686(7) does not apply.
5. Notwithstanding s.
NR 440.686(8), the chemicals affected by
this subsection are those identified in sub. (1) (a) 1.
(b) Exemptions listed in s.
NR 440.686(1) (c) shall apply to an
owner or operator subject to this subsection.
(4) REACTOR PROCESSES.
(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:
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.
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.
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.
4. Section
NR 440.705(7) does not apply.
5. Notwithstanding s.
NR 440.705(8), the chemicals affected by
this subsection are those identified in sub. (1) (a) 1.
(b) Exemptions listed in s.
NR 440.705(1) (c) shall apply to an
owner or operator subject to this subsection.
(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.
(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:
(a) All of the control
device is replaced.
(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).
Notes
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