Section 436.05. RACT variances.

 

(1)   Variance authority. The department may grant source-specific revisions to the state implementation plan setting alternate compliance schedules or alternate emission limitations, or both, where compliance with general RACT requirements of chs. NR 400 to 499 are shown to be technologically or economically infeasible.

(2)   Variance criteria. A variance under sub. (1) may not be issued unless:

(a) The revision will not delay attainment or prevent maintenance of any ambient air quality standard, as determined by methods acceptable to the department.

(c) The owner or operator of the air contaminant source for which a revision is requested demonstrates that all other direct or portable sources owned or operated in the state by the person are in compliance with all applicable requirements of chs. NR 400 to 499 or are on a schedule for compliance with the requirements.

(d) The owner or operator submits to the department information concerning the conditions or special circumstances which demonstrates, to the department's satisfaction, that the applicable general RACT requirements from which variance is sought are technologically or economically infeasible. In addition:

1. Where an alternate compliance schedule is sought, the owner or operator shall submit a proposed schedule which demonstrates reasonable further progress and contains a date for final compliance as soon as practicable.

2. Where alternate emission limitations are sought, the owner or operator shall submit proposed emission limitations.

3. Requests for revisions shall be signed by the principal executive officer; partner; sole proprietor; or principal governmental executive or elected official or a duly authorized representative, as appropriate.

4. Requests shall contain other relevant information as required by the department.

(3)   Procedures for issuance of variances. The department, in acting upon any request for a revision under this section, shall:

(a) Act on requests for revisions within 3 months of the filing of a completed request.

(b) Offer, through public notice, the opportunity for public comments including, where requested, a public hearing.

(c) State in writing the reasons for denying, granting, or for granting in modified form any request.

(4)   Revocation and modification of variances. The department may, after notice and opportunity for hearing, revoke or modify any revision when any of the following applies:

(a) Any term or condition of the revision has been violated.

(b) Changes in ambient air quality indicate that the source has a significant adverse impact on the attainment or maintenance of any ambient air quality standard.

(c) The owner or operator did not act in good faith in demonstrating the technological or economic infeasibility of compliance with the general RACT requirements or in submitting other relevant information in support of the revision request.

(5)   Effective date of variances. When the department grants, modifies or revokes a source-specific revision to a general RACT requirement which has been approved by the administrator of the U.S. environmental protection agency as part of the state implementation plan, the revision will not become effective until both the following conditions have been met:

(a) The revision has been submitted to the administrator pursuant to applicable law, including but not limited to 42 USC 7410 and 40 CFR parts 51 and 52 , and all such requirements have been met.

(b) The revision has been approved by the administrator or designee as a revision to the state implementation plan.

History: Renum. from NR 154.02 (3) and am. Register, September, 1986, No. 369 , eff. 10-1-86; am. (5) (intro.), Register, May, 1992, No. 437 , eff. 6-1-92; am. (2) (b), (5), cr. (2) (bm), Register, December, 1995, No. 480 , eff. 1-1-96 ; r. (2) (b), (bm), am. (2) (c), (4) (intro.), Register, December, 1996, No. 492 , eff. 1-1-97.