Section NR 445.15 - Additional provisions related to the control of hazardous air contaminants(1) The department staff shall consult with the department of health services prior to incorporating an alternative emission limit under s. NR 445.07(1) (b) in an order or a permit.(2)(a) If it is determined that emissions of a hazardous air contaminant from a facility do not comply with an applicable emission requirement for that contaminant, the owner or operator will not be out of compliance with respect to that contaminant if the owner or operator satisfies all of the following: 1. Exercised due diligence and followed the procedures and other provisions in this subchapter for identifying and quantifying hazardous air contaminants. Note: Examples of procedures in this subchapter include stack thresholds, risk-based modeling and applicability criteria for sources of incidental emissions.
2. Based on the results of subd. 1., either concluded that no emission requirements applied to that contaminant or complied with all emission requirements that applied to that contaminant.3. Within 21 calendar days of making the determination that a hazardous air contaminant does not comply with an applicable emission requirement for that contaminant, submits the determination in writing to the department.4. By the later of the deadlines in s. NR 445.08(6) or 90 calendar days after making the determination of noncompliance, certifies that the facility meets provisions applicable for the hazardous air contaminant.(b) After receipt of a written request, the department may, in writing, extend the deadline for achieving compliance with the deadline in par. (a) 4. Note: The address for submittal of information and requests for an extension from the deadline in par.(a) 4. is:
Wisconsin Department of Natural Resources
Bureau of Air Management
PO Box 7921
Madison WI 53707-7921
Attention: NR 445 Safe Harbor Determinations.
(c) Notwithstanding par. (a), the department retains the authority to order the owner or operator to come into compliance with applicable requirements within a specific time period shorter than the 90 calendar days whenever compliance in the shorter period of time is feasible and necessary to protect public health and the environment. (3) The department shall review emissions reported under ch. NR 438 from sources of the contaminants listed in s. NR 410.04(2) (b) 5. If the department determines that emissions are of such quantity, concentration or duration that a concentration greater than 2.4 % of the contaminant's threshold limit value-time weighted average established by the American Conference of Governmental Industrial Hygienists, in the Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices for 2000, incorporated by reference in s. NR 484.11(2) (c), is expected to occur off of the source's property, it may establish a limitation in a permit or order that will ensure the source does not cause concentrations off of the source's property that exceed 2.4% of the threshold limit value-time weighted average for any consecutive 24-hour averaging period.(4) The department staff shall consult with the department of health services prior to establishing an emission limit, in a permit or order, for any hazardous air contaminant that is not listed in Table A, B or C of s. NR 445.07.(5) The department may establish emission limitations for hazardous air contaminants for sources in permits or general or special orders issued by the department.Wis. Admin. Code Department of Natural Resources NR 445.15
CR 02-097: renum. from NR 445.06(1) and (4) and NR 445.07(5), am. (1) and (4), cr. (2) and (3) Register June 2004 No. 582, eff. 7-1-04; correction in (1) made under s. 13.92(4) (b) 7, Stats., Register July 2008 No. 631; corrections in (1) and (4) made under s. 13.92(4) (b) 6, Stats., Register August 2008 No. 632.