Section 445.06. Safe harbor.

 

(1)  An owner or operator of a facility shall be deemed to be in compliance with this subchapter and the requirements in chs. NR 406 , 407 and 438 listed in this subsection for any hazardous air contaminant listed in Table A, B or C of s. NR 445.07 if the owner or operator identifies the contaminant through due diligence and determines that the emissions of the identified contaminant are below the applicable regulatory threshold in this chapter or otherwise exempt from regulation, or the facility is meeting the applicable provisions in this subchapter. The requirements from chs. NR 406 , 407 and 438 are the following:

(a) Section NR 406.04 (2) (f) and (3) (a) .

(b) Section NR 407.03 (2) (d) .

(c) Section NR 407.05 (4) (c) 1. , 9. and 10.

(d) Section NR 407.09 (1) (c) 1. b.

(e) Section NR 438.03 (1) .

(2)  The owner or operator will not be deemed to be out of compliance with this subchapter or with the provisions identified in sub. (1) (a) to (e) for any hazardous air contaminant listed in Table A, B or C of s. NR 445.07 for the period of time prior to either of the determinations in par. (a) or (b) being made if the determination is submitted in writing to the department within 21 calendar days, and no later than 90 calendar days after the determination, the owner or operator certifies that the facility is in compliance with all applicable requirements for the hazardous air contaminant. The department may, in writing, extend the 90 calendar days for achieving compliance. The determinations are as follows:

(a) That a hazardous air contaminant that was not previously identified through due diligence is later determined to be emitted from the facility in an amount greater than the applicable emission threshold in any of the following:

1. Table A, B or C of s. NR 445.07 .

2. Section NR 406.04 (2) (f) and (3) (a) .

3. Section NR 407.03 (2) (d) .

4. Table 2 of s. NR 407.05 .

5. Table 1 of s. NR 438.03 .

(b) That a hazardous air contaminant previously identified and quantified is determined to be emitted in a greater amount, and that amount is greater than the applicable emission threshold for any of the provisions identified in par. (a) 1. to 5.

(3)  Notwithstanding sub. (2) , the department retains the authority to order the owner or operator to achieve 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.

History: CR 02-097 : cr. Register June 2004 No. 582 , eff. 7-1-04; CR 05-055 : am. (2) (a) 5. Register December 2005 No. 600 , eff. 1-1-06.

Note

The address for submittal of information and requests for an extension from the deadline in sub. (2) is:
  Wisconsin Department of Natural Resources
  Bureau of Air Management
  PO Box 7921
  Madison WI 53707-7921
  Attention: NR 445 Safe Harbor Determinations. Microsoft Windows NT 6.1.7601 Service Pack 1