Wis. Admin. Code Department of Natural Resources NR 445.08

Current through November 25, 2024

Section NR 445.08 - Compliance requirements

(1) COMPLIANCE DETERMINATION. Determination of compliance shall be done while the source is operating under the conditions required by permit or order resulting in the greatest emissions of the hazardous air contaminant, or absent a permit or order, by using the maximum theoretical emissions from the source.

(2) COMPLIANCE METHODS. The owner or operator of a source shall achieve compliance with the emission limitations and control requirements in s. NR 445.07(1), (2) or (3) for each hazardous air contaminant by doing one or any combination of the following. A source unable to meet the requirements of s. NR 445.07(6) (a) and (b) may not use par. (a) by itself or in combination with other methods to achieve compliance under this subsection.

(a) Limiting non-exempt, potential to emit emissions from the source of each hazardous air contaminant to less than the applicable threshold in column (c), (d), (e) or (f) of Table A, B or C of s. NR 445.07.

(b) Limiting the quantity, concentration or duration of non-exempt, potential to emit emissions from the source of each hazardous air contaminant that has a standard expressed as an ambient air concentration in Table A or B of s. NR 445.07 so that the ambient air concentration off the source property is less than the concentration allowed under column (g) of the table.

(c) Limiting the quantity, concentration or duration of non-exempt, potential to emit emissions of each hazardous air contaminant with a control requirement in column (i) of Table A, B or C of s. NR 445.07 having a unit risk factor established by either the EPA or the California air resources board, so as not to cause an ambient air concentration off the source property that results in an inhalation impact greater than 1 x 10^-6. The inhalation impact is determined by the following equation:

inhalation impact = (inhalation impact concentration annual average) x (unit risk factor)

where:

inhalation impact concentration _{annual average} is the annual average concentration of a contaminant in micrograms per cubic meter (mg/m³) unit risk factor for the contaminant is the unit risk factor value established by either EPA or the California air resources board and is expressed in reciprocal micrograms per cubic meter (mg/m³)^-1

(d) Altering the release height or dispersion characteristics of each hazardous air contaminant in Table A, B or C of s. NR 445.07 such that the alteration results in the source's ability to meet par. (a), (b) or (c) or sub. (3) (a) 1. or (b) 1.

(e) Limiting the concentration of each hazardous air contaminant that has a standard expressed as an ambient air concentration in Table A or B of s. NR 445.07 in the stack to less than the concentration allowed under column (g) of the table for that contaminant.

(f) Limiting emissions of the hazardous air contaminant through application of the control requirement identified in column (i) of Table A, B or C of s. NR 445.07. The control requirement shall be first applied to the emissions unit at the facility that emits the greatest actual annual amount of the hazardous air contaminant. If application of the control requirement to this emissions unit does not reduce facility emissions of the hazardous air contaminant to a level less than the rate listed in column (c), (d), (e) or (f) of Table A, B or C of s. NR 445.07 for the contaminant, the control requirement shall be applied to other emissions units at the facility that emit progressively smaller amounts of the contaminant until emissions from the facility are below the emission rate listed in column (c), (d), (e) or (f) of Table A, B or C of s. NR 445.07 for the contaminant or until the control requirement has been applied to all emissions units at the facility that emit at least 10% of the rate listed in column (c), (d), (e) or (f) of Table A, B or C of s. NR 445.07 for the contaminant. If application of the control requirement to these emissions units does not result in the reduction of at least 50% of the potential emissions of the contaminant from the facility, the department may require application of the control requirement on a reasonable array of smaller emissions units that emit the contaminant.

Note: The term "control requirement" is used to represent the applicable level of emission reduction required for the hazardous air contaminant under review, in other words LAER or BACT. These reduction options include lower emitting processes or practices, material substitution, add-on controls, or any combination of the options.

(3) ALTERNATIVE METHODS OF COMPLIANCE.

(a) The owner or operator of a source may use the following alternative method of complying with any control requirements in s. NR 445.07(1) (c), (2) or (3) by doing both of the following:

1. Limiting the quantity, concentration or duration of potential to emit emissions of one or more hazardous air contaminants with a control requirement in column (i) of Table A, B or C of s. NR 445.07 having a unit risk factor established by either the EPA or the California air resources board so as not to cause an ambient air concentration off the source property that results in a cumulative inhalation impact from all of the contaminants greater than 1 x 10^-5. The cumulative inhalation impact is determined by the following equation:

cumulative inhalation impact =

- See Image

where:

inhalation impact _{annual average} is the annual average concentration in micrograms per cubic meter (mg/m³) of each contaminant unit risk factor for the contaminant is the unit risk factor value established by either EPA or the California air resources board and is expressed in reciprocal micrograms per cubic meter (mg/m³)^-1

i is a subscript denoting an individual hazardous air contaminant

n is the number of different hazardous air contaminants with a control requirement in column (i) of Table A, B or C of s. NR 445.07 having a unit risk factor established by either the EPA or the California air resources board, including those exempt under s. NR 445.07(5), that are emitted at the facility.

2. For each hazardous air contaminant with a control requirement in column (i) of Table A, B or C of s. NR 445.07 not having a unit risk factor established by either the EPA or the California air resources board, limiting potential to emit emissions of the contaminant from the facility, including those exempt under s. NR 445.07(5), to less than the relevant threshold in column (c), (d), (e) or (f) of Table A, B or C of s. NR 445.07.

(b) The owner or operator of a source may use the following alternative method of complying with any control requirements in s. NR 445.07(4) by doing both of the following:

1. Limiting the quantity, concentration or duration of potential to emit emissions of one or more hazardous air contaminants with a control requirement in column (i) of Table A, B or C of s. NR 445.07 having a unit risk factor established by either the EPA or the California air resources board, including those exempt under s. NR 445.07(5), so as not to cause a cumulative multipathway impact off the source property from all of the contaminants greater than 1 x 10^-5.

Note: Unit risk factors for carcinogens can be obtained from the US EPA at the following website: http://www.arb.ca.gov/toxics/healthval/healthval.htm. The US EPA unit risk factors should be consulted first. If no agreed upon unit risk factor is listed by the US EPA, then unit risk factors developed by the State of California should be consulted. The State of California's Air Resources Board and Office of Environmental and Health Hazard Assessment unit risk factors for carcinogens can be obtained from the following website: http://www.arb.ca.gov/toxics/healthval/healthval.htm.

Note: Par. (c) was repealed by 2011 Wis. Act 122. On May 24, 2011, the Joint Committee for the Review of Administrative Rules (JCRAR) adopted a motion under s. 227.26(2) (d), Stats., that suspended s. NR 445.08(3) (c) in its entirety. Pursuant to s. 227.26(2) (f), Stats., JCRAR introduced 2011 Assembly Bill 195 and 2011 Senate Bill 138, in support of the JCRAR suspension. 2011 Senate Bill 138 was enacted, effective March 22, 2012, resulting in in the repeal of the rules as suspended by the May 24, 2011 JCRAR motion, as provided in s. 227.26(2) (i), Stats., and creating s. 285.28, Stats., as set forth below.

285.28 Agricultural waste; hazardous air contaminants. The department may not regulate the emission of hazardous air contaminants associated with agricultural waste except to the extent required by federal law.

Note: NR 445 was not developed with the purpose of regulating emissions of hazardous air contaminants associated with agricultural waste or by products. The department believes that using best management practices is the preferred approach to regulate and control emissions from these types of sources. Accordingly, the department intends to participate in the development of best management practices to regulate and control emissions from such sources by July 31, 2011.

(4) ENFORCEABLE LIMITATIONS. Any limitation elected under this section shall be placed in a permit or general or special order.

(5) DETERMINATION OF HAZARDOUS AIR CONTAMINANT EMISSIONS AND CONCENTRATIONS. For the purpose of determining emissions and concentrations of hazardous air contaminants under this subchapter, the owner or operator of a source:

(a) May rely on information on an approved material safety data sheet if the approved material safety data sheet lists a hazardous air contaminant listed in Table A, B or C of s. NR 445.07 and for each hazardous air contaminant with a standard expressed as an ambient air concentration in column (g) of Table A, B or C constitutes 1% (10,000 parts per million) or more of the material, or for each hazardous air contaminant with a standard expressed as a control requirement in column (i) of Table A, B or C constitutes 0.1% (1,000 parts per million) or more of the material. If an approved material safety data sheet for a material does not list a hazardous air contaminant in Table A, B or C of s. NR 445.07 at or above the amounts listed in this paragraph, the material will be presumed not to result in emissions of a hazardous air contaminant unless a hazardous air contaminant is formed in processing the material.

(b) May rely upon mass balance or other use, consumption and analytical methodologies for calculating potential or theoretical emissions. However, the department may require that a stack test be conducted to affirm the accuracy of emission estimations.

(c) Is not required to consider emissions resulting directly from naturally occurring constituents in windblown soil.

(d) May rely on information generated by either the EPA screening or refined dispersion model to demonstrate either of the following:

1. Concentrations of each hazardous air contaminant will not exceed the ambient standard in column (g) of Table A or B of s. NR 445.07.

2. The source meets the provisions of sub. (2) (c), (3) (a) 1. or (b) 1.

Note: Contact the Permits and Stationary Source Modeling Section of the Bureau of Air Management, 608-266-7718 for additional information regarding procedures and protocols associated with US EPA screening and air dispersion models.

(6) COMPLIANCE DEADLINES, RECORDKEEPING AND REPORTING REQUIREMENTS.

(a) Except as provided for agricultural waste in par. (d), the owner or operator of a source subject to an emission limitation or control requirement in s. NR 445.07 and constructed or last modified on or after July 1, 2004, shall achieve compliance upon startup of the source.

(b) The owner or operator of a source constructed or last modified prior to July 1, 2004, with non-exempt, potential to emit emissions of a hazardous air contaminant less than or equal to the applicable threshold in column (c), (d), (e) or (f) of Table A, B or C of s. NR 445.07 shall maintain records in accordance with s. NR 439.04(1) and (2) starting no later than June 30, 2007.

(c) Except as provided for agricultural waste in par. (d), the owner or operator of a source constructed or last modified prior to July 1, 2004, with non-exempt, potential to emit emissions of a hazardous air contaminant greater than the applicable threshold in column (c), (d), (e) or (f) of Table A, B or C of s. NR 445.07 or subject to s. NR 445.07(4) shall do all of the following:

1. Submit information no later than December 31, 2005, in accordance with procedure in sub. (7) (a) adequate to describe how applicable control requirements in s. NR 445.07(1) (c), (2), (3) or (4) or 445.09(3) will be met.

2. Achieve compliance with applicable emission limitations and control requirements in accordance with subs. (1) and (2) no later than June 30, 2007.

3. Submit the required information in accordance with sub. (7).

(d)

2. Emissions of hazardous air contaminants associated with agricultural waste are exempt from the requirements in this chapter.

Note: Subd. 2. is shown as affected by 2011 Wis. Act 122. Par. (d) 1. and 2. a. and b. were repealed by 2011 Wis. Act 122. On May 24, 2011, the Joint Committee for the Review of Administrative Rules (JCRAR) adopted a motion under s. 227.26(2) (d), Stats., that suspended s. NR 445.08(6) (d) 1. and 2. a. and b. in their entirety and (d) 2. (intro.) in part as shown below. Pursuant to s. 227.26(2) (f), Stats., JCRAR introduced 2011 Assembly Bill 195 and 2011 Senate Bill 138, in support of the JCRAR suspension. 2011 Senate Bill 138 was enacted, effective March 22, 2012, resulting in in the repeal of the rules as suspended by the May 24, 2011 JCRAR motion, as provided in s. 227.26(2) (i), Stats., and creating s. 285.28, Stats., as set forth below.

NR 445.08(6) (d) 2. Emissions of hazardous air contaminants associated with agricultural waste are exempt from the requirements in this chapter

(7) COMPLIANCE DEMONSTRATION AND NOTIFICATION REQUIREMENTS. The owner or operator of any source required to achieve compliance in accordance with the schedule in sub. (6) (c) shall demonstrate compliance by doing the following as applicable:

(a) Submit the information required under sub. (6) (c) 1. on the application form required for an operation permit, an amendment to an application, renewal of the operation permit, or for a significant revision under s. NR 407.13, as applicable.

(b) For all sources, submit all of the following information to the department:

1. The hazardous air contaminants in Table A, B and C of s. NR 445.07 the facility is capable of emitting in an amount greater than the threshold value listed for the contaminant in the applicable table.

2. The emission limitation applicable to each hazardous air contaminant identified under subd. 1.

3. The method or combination of methods used for achieving compliance under sub. (2) or (3) with the applicable standard for each hazardous air contaminant.

4. A description of the records that will be kept on site to verify continuous compliance for each hazardous air contaminant with its applicable standard.

5. A signed and dated statement by the responsible official stating that the information is accurate to the best of his or her knowledge and belief, and that all of the requirements of this subchapter have been met.

Note: Application forms for par. (a) may be obtained from, and submitted to, the regional offices and service centers of the department or:

Wisconsin Department of Natural Resources

Bureau of Air Management

PO Box 7921

Madison WI 53707-7921

Attention: Operation Permits.

The address for submittal of information under par. (b) is:

Wisconsin Department of Natural Resources

Bureau of Air Management

PO Box 7921

Madison WI 53707-7921

Attention: NR 445 Compliance Notifications.

(8) DEPARTMENT REVIEW. The department shall review information submitted to comply with sub. (6) (c) 1. to determine whether to approve, conditionally approve or disapprove the source's method to meet applicable control requirements.

(9) EXTENSIONS TO COMPLIANCE SCHEDULE. The department may, at the request of the owner or operator of a source, grant an extension of any applicable compliance deadline in sub. (6) (b) or (c) 1. or 2. or s. NR 445.09(4) (a) or (b) for a period not to exceed 180 calendar days.

(10) SUBSEQUENT REQUIREMENTS.

(a) Notwithstanding the compliance deadline in sub. (6) (c) 2., a source needing department approval under sub. (8) shall achieve final compliance with applicable control requirements by the later of:

1. June 30, 2007.

2. Eighteenth calendar month after the department's approval under sub. (8).

(b) The owner or operator of a source that achieved compliance with requirements of this chapter by installing emission control equipment prior to July 1, 2004 may not be required to install additional control equipment to achieve compliance with this chapter for a period of 10 years after the installation of the control equipment or the useful life of the control equipment as determined by the department, whichever is less. For the purposes of this paragraph, increasing stack height, other dilution measures or material reformulation may not be construed as installation of emission control equipment. Material reformulation that requires substantial capital expenditures for process equipment that was carried out with prior department approval and that results in a reduction of emissions of hazardous air contaminants that is sufficient to comply with the limitations of this chapter may be construed as installation of emission control equipment under this paragraph.

Wis. Admin. Code Department of Natural Resources NR 445.08

CR 02-097: cr. Register June 2004 No. 582, eff. 7-1-04; CR 07-076: am. (6) (d) 1., 2. (intro.), a. and (10) (b) Register July 2008 No. 631, eff. 8-1-08; 2011 Wis. Act 122: r. (3) (c), (6) (d) 1., 2. (intro.) (in part) a., b .

Amended by, 2011 Wis. Act 122: r. (3) (c), (6) (d) 1., 2. (intro.) (in part) a., b.; s. 35.17 correction in (6) (c) 2. made under s. 35.17, Stats., Register March 2016 No. 723, eff.4/1/2016