Section 436.04. Delayed compliance orders.

 

(1)   Order authority. 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 400 to 499 to achieve compliance as expeditiously as practicable but not later than 3 years after such requirement became applicable. 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.

(2)   Criteria for issuance of orders. No order under sub. (1) may be issued unless:

(a) The cause of the violation was a malfunction, equipment failure, act of God or some other condition beyond the entity's control, when using all prudent planning.

(b) The air contaminant source is located so that it will not delay attainment or affect maintenance of an ambient air quality standard at any point beyond the property line of the entity.

(c) Good faith efforts have been made to comply with chs. NR 400 to 499 .

(d) If the violation was caused by a malfunction or equipment failure, any plan required to be prepared by s. NR 439.11 was complied with.

(e) The air contaminant for which a deferral is sought is not a hazardous pollutant for which an emission standard has been established by the administrator.

(f) The conditions listed in s. NR 436.03 , if applicable, are met.

(g) The order contains:

1. An express provision whereby the order recipient consents to its issuance.

2. A requirement that the order recipient employ reasonable emission monitoring techniques to assess compliance with any interim requirements imposed by the order.

3. A requirement for submittal of reports showing whether any interim requirements, increments of progress, and final compliance have been achieved.

4. A provision prohibiting the reduction of employe wages where supplemental, intermittent or other dispersion-dependent control methods are to be used.

5. In the case of a major stationary source, a notice that it may be required to pay administrative noncompliance penalties for failure to comply with the order and that no order issued under this section will be effective until it is approved by the administrator or designee.

(h) All reasonably available alternative operating procedures and interim control measures to minimize emissions shall be utilized by the air contaminant source during the period of delayed compliance.

History: Renum. from NR 154.02 (1) and (2) and am. Register, September, 1986, No. 369 , eff. 10-1-86; am. (2) (g) 5., Register, May, 1992, No. 437 , eff. 6-1-92.