Section NR 462.01 - What this chapter covers(1) WHAT IS THE PURPOSE OF THIS CHAPTER? This chapter establishes national emission limits and work practice standards for hazardous air pollutants (HAP) emitted from industrial, commercial and institutional boilers and process heaters. This chapter also establishes requirements to demonstrate initial and continuous compliance with the emission limits and work practice standards. Note: This subchapter is based on the federal regulations contained in 40 CFR part 63 Subpart DDDDD, as created September 13, 2004 and amended on December 28, 2005.
(2) AM I SUBJECT TO THIS CHAPTER? You are subject to this chapter if you own or operate an industrial, commercial or institutional boiler or process heater as defined in s. NR 462.02 that is located at, or is part of, a major source of HAP as defined in s. NR 460.02(24) or 40 CFR 63.761 except as specified in sub. (4).(3) WHAT IS THE AFFECTED SOURCE OF THIS CHAPTER?(a) This chapter applies to new, reconstructed, or existing affected sources as described in subds. 1. and 2. 1. The affected source of this chapter is the collection of all existing industrial, commercial and institutional boilers and process heaters, as defined in s. NR 462.02, within a subcategory located at a major source.2. The affected source of this chapter is each new or reconstructed industrial, commercial or institutional boiler or process heater, as defined in s. NR 462.02, located at a major source.(b) A boiler or process heater is new if you commence construction of the boiler or process heater after January 13, 2003, and you meet the applicability criteria at the time you commence construction.(c) A boiler or process heater is reconstructed if you meet the reconstruction criteria as defined in s. NR 460.02(32), you commence reconstruction after January 13, 2003, and you meet the applicability criteria at the time you commence reconstruction.(d) A boiler or process heater is existing if it is not new or reconstructed.(4) ARE ANY BOILERS OR PROCESS HEATERS NOT SUBJECT TO THIS CHAPTER? The types of boilers and process heaters listed in pars. (a) to (o) are not subject to this chapter. (a) A municipal waste combustor covered by 40 CFR part 60, subpart AAAA, BBBB, Cb or Eb.(b) A hospital/medical/infectious waste incinerator covered by 40 CFR part 60, subpart Ce or Ec.(c) An electric utility steam generating unit that is a fossil fuel-fired combustion unit of more than 25 megawatts that serves a generator that produces electricity for sale. A fossil fuel-fired unit that cogenerates steam and electricity, and supplies more than one-third of its potential electric output capacity, and more than 25 megawatts electrical output, to any utility power distribution system for sale is considered an electric utility steam generating unit.(d) A boiler or process heater required to have a permit under section 3005 of the Solid Waste Disposal Act or covered by 40 CFR part 63, subpart EEE, such as a hazardous waste boiler.(e) A commercial and industrial solid waste incineration unit covered by 40 CFR part 60, subpart CCCC or subpart DDDD.(f) A recovery boiler or furnace covered by 40 CFR part 63, subpart MM.(g) A boiler or process heater that is used specifically for research and development. This does not include units that only provide heat or steam to a process at a research and development facility.(h) A water heater as defined in s. NR 462.02(51).(i) A refining kettle covered by 40 CFR part 63, subpart X.(j) An ethylene cracking furnace covered by 40 CFR part 63, subpart YY.(k) Blast furnace stoves as described in the EPA document entitled "National Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Plants-Background Information for Proposed Standards," EPA-453/R-01-005, incorporated by reference in s. NR 484.06(4) (d). (L) Any boiler and process heater specifically listed as an affected source in another standard under 40 CFR part 63 or chs. NR 462 to 469.(m) Any boiler and process heater specifically listed as an affected source in another standard established under section 129 of the Act.(n) Temporary boilers as defined in s. NR 462.02(47).(o) Blast furnace gas fuel-fired boilers and process heaters as defined in s. NR 462.02(4).(5) WHEN DO I HAVE TO COMPLY WITH THIS CHAPTER? (a) If you have a new or reconstructed boiler or process heater, you shall comply with this chapter by November 12, 2004 or upon startup of your boiler or process heater, whichever is later.(b) If you have an existing boiler or process heater, you shall comply with this chapter no later than September 13, 2007.(c) If you have an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP, subds. 1. and 2. apply to you. 1. Any new or reconstructed boiler or process heater at the existing facility shall be in compliance with this chapter upon startup.2. Any existing boiler or process heater at the existing facility shall be in compliance with this chapter within 3 years after the facility becomes a major source.(d) You shall meet the notification requirements in s. NR 462.07(1) according to the schedule in s. NR 462.07(1) and in ch. NR 460. Some of the notifications shall be submitted before you are required to comply with the emission limits and work practice standards in this chapter.Wis. Admin. Code Department of Natural Resources NR 462.01
CR 05-116: cr. Register November 2006 No. 611, eff. 12-1-06.