Section 445.07. Emission thresholds, standards, control requirements and exemptions.

 

(1)   All sources of hazardous air contaminants . Except as provided in sub. (5) , the following requirements apply:

(a) No owner or operator of a source may cause, allow or permit emissions of a hazardous air contaminant listed in Table A in such quantity or concentration or for such duration as to cause an ambient air concentration of the contaminant off the source property that exceeds the concentration in column (g) of Table A for the contaminant.

(b) The owner or operator of a source may request approval of an alternative to the emission limitation in par. (a) . The alternative emission limitation is 10% of the 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) , for any contaminant with a 24-hour averaging period in column (h) of Table A. The department may approve the alternative emission limitation if both of the following criteria are met:

1. The hazardous air contaminant is emitted no more than 5 days in any consecutive 30-day period.

2. The department determines, after consultation with the department of health services, that the alternative emission limitation will not pose a threat to public health or welfare.

(c) The owner or operator of a source that emits a hazardous air contaminant for which a control requirement is identified in column (i) of Table A in a quantity greater than the amount listed in column (c), (d), (e) or (f) of Table A for the contaminant shall control emissions of the contaminant to the level identified in column (i) of the table. The control requirement shall be applied according to the procedure in s. NR 445.08 (2) (f) .

(2)   Sources of hazardous air contaminants from the manufacture or treatment of pesticides, rodenticides, insecticides, herbicides or fungicides. Except as provided in sub. (5) (c) and (d) , in addition to the requirements of sub. (1) , the owner or operator of a source that manufactures or treats pesticides, rodenticides, insecticides, herbicides or fungicides may not cause, allow or permit emissions of a hazardous air contaminant listed in Table B in a quantity or concentration or for a duration as to cause an ambient air concentration off the source property that exceeds the concentration in column (g) of Table B for the contaminant. For any hazardous air contaminant for which a control requirement is identified in column (i) of Table B that is emitted in an amount greater than the amount listed in column (c), (d), (e) or (f) of Table B for the contaminant, the owner or operator shall control emissions of the contaminant to the level identified in column (i) of the table. The control requirement shall be applied according to the procedure in s. NR 445.08 (2) (f) .

(3)   Sources of hazardous air contaminants from the manufacture or treatment of pharmaceuticals. Except as provided in sub. (5) (c) and (d) , in addition to meeting the requirements of sub. (1) , the owner or operator of a source that manufactures or treats pharmaceuticals and that emits a hazardous air contaminant for which a control requirement is identified in column (i) of Table C in an amount greater than the amount listed in column (c), (d), (e) or (f) of Table C for the contaminant shall control emissions of the contaminant to the level identified in column (i) of the table. The control requirement shall be applied according to the procedure in s. NR 445.08 (2) (f) .

(4)   Municipal solid waste and infectious waste Incinerators.

(a) Except as provided for in par. (b) , the owner or operator of a source that combusts municipal solid waste, as defined in s. NR 500.03 (150) , or infectious waste shall comply with sub. (1) , and shall control emissions of hazardous air contaminants having a control requirement identified in column (i) in Table A, B or C to a level that is the lowest achievable emission rate. The control requirement shall be applied according to the procedure in s. NR 445.08 (2) (f) .

(b) A source that combusts no infectious waste and that combusts no municipal solid waste other than refuse derived fuel in a boiler is not subject to this subsection unless 50% or more of the boiler's heat input is obtained from the refuse derived fuel.

(5)   Exempt emissions. Emissions from all of the following are exempt from the requirements of sub. (1) and emissions identified in pars. (c) and (d) are also exempt from the requirements of subs. (2) and (3) :

(a) The combustion of group 1 virgin fossil fuels.

(b) The combustion of group 2 virgin fossil fuels vented from a stack that has downwash minimization stack height or a height approved by the department.

(c) A laboratory.

(d)

1. Indoor fugitive sources that emit any hazardous air contaminant with a concentration having a 1-hour or 24-hour average time period in column (h) in Table A, B or C.

2. Indoor fugitive sources that emit any hazardous air contaminant with a control requirement in column (i) or a concentration having an annual time period in column (h) in Table A, B or C that meet all of the following requirements:

a. The contaminant is exhausted to the ambient air through general building ventilation.

b. The contaminant has a threshold limit value 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) .

c. The owner or operator of the source demonstrates to the department that the source is in compliance with applicable occupational safety and health administration requirements.

(e) Gasoline dispensing for any hazardous air contaminant with a control requirement in column (i) of Table A provided that one of the following applies:

1. The gasoline dispensing facility meets the requirements of s. NR 420.04 (3) (b) to (i) and dispenses less than 2 million gallons of gasoline in any 12 consecutive month period.

2. The gasoline dispensing facility dispenses less than 1.25 million gallons of gasoline in any 12 consecutive month period.

(f) Combustion of wood in combustion units that operate with good combustion technology and that were constructed or last modified prior to October 1, 1988 for any hazardous air contaminant with a control requirement in column (i) of Table A. Good combustion technology means technology that provides for a minimization of hazardous air contaminants with control requirements in column (i). Good combustion technology will be determined on a case-by-case basis by the department, taking into account the type of fuel to be burned, the economic and environmental impacts of the combustion, and other costs related to the source. Good combustion technology may include consideration of factors such as temperature, residence time, carbon monoxide emissions, excess oxygen, and turbulence.

(6)   Use requirements for tables A, B and C.

(a) The emission thresholds in columns (c) to (f) in Tables A, B and C for any hazardous air contaminant may only be used if emissions from the source are vented to the atmosphere in a manner that meets both of the following:

1. The emissions are from an unobstructed discharge point.

2. The emissions are from a stack that is within 10 degrees of vertical.

(b) For purposes of calculating non-exempt, potential to emit emissions for comparison with the threshold rates in column (c), (d), (e) or (f) in the tables the owner or operator of a source shall do all of the following:

1. Combine non-exempt, potential to emit emissions for each contaminant for all stacks within each of the 4 stack categories.

2. Compare each group of non-exempt, potential to emit emissions against the respective threshold found in column (c), (d), (e) or (f) in the table.

(c) For any group of non-exempt, potential to emit emissions that exceeds the respective threshold in column (c), (d), (e) or (f), consider all non-exempt, potential emissions from the source in determining compliance with the applicable standard or control requirement. - See PDF for table - See PDF for table

History: CR 02-097 : cr. Register June 2004 No. 582 , eff. 7-1-04; CR 07-076 : am. Tables A, B and C Register July 2008 No. 631 , eff. 8-1-08; correction in (1) (b) 2. made under s. 13.92 (4) (b) 6. , Stats., Register August 2008 No. 632 .

Note

Owners and operators of facilities emitting less than 3 tons of volatile organic compounds and 5 tons particulate matter on an annual basis, or who engage in limited or no manufacturing activities, should refer to s. NR 445.11 prior to determining applicable requirements under this section. Microsoft Windows NT 6.1.7601 Service Pack 1 See department draft memo dated July 7, 1999, Wood Combustion and Compliance with Chapter NR 445 , for further information regarding the use of this exemption. The draft memo may obtained by contacting the Compliance and Enforcement Section of the Bureau of Air Management at 608-266-7718. Microsoft Windows NT 6.1.7601 Service Pack 1 Valves designed to open and close at the point of discharge are not considered to be obstructions if they are open at time of emission. Microsoft Windows NT 6.1.7601 Service Pack 1 The emission rates in columns (c) to (f) in Table A for any hazardous air contaminant may only be used if emissions are from an unobstructed vertical discharge point. Owners and operators of sources unable to use this table should refer to s. NR 445.08(2) . Microsoft Windows NT 6.1.7601 Service Pack 1 1 For purposes of calculating non-exempt, potential to emit emissions for comparison with the threshold value in column (c), (d), (e) or (f) in the table the owner or operator of a source would: Microsoft Windows NT 6.1.7601 Service Pack 1 - combine non-exempt, potential to emit emissions for each contaminant for all stacks within each of the 4 stack categories, Microsoft Windows NT 6.1.7601 Service Pack 1 - compare each group of non-exempt, potential to emit emissions against the respective threshold found in column (c), (d), (e) or (f) in the table Microsoft Windows NT 6.1.7601 Service Pack 1 - if any group exceeds it's respective threshold in column (c), (d), (e) or (f), consider all non-exempt, potential to emit emissions from the source in determining compliance with the applicable standard or control requirement. - See PDF for table Microsoft Windows NT 6.1.7601 Service Pack 1 The emission rates in columns (c) to (f) in Table B for any hazardous air contaminant may only be used if emissions are from an unobstructed vertical discharge point. Owners and operators of sources unable to use this table should refer to s. NR 445.08 (2) . Microsoft Windows NT 6.1.7601 Service Pack 1 1 For purposes of calculating non-exempt, potential to emit emissions for comparison with the threshold value in column (c), (d), (e) or (f) in the table the owner or operator of a source would: Microsoft Windows NT 6.1.7601 Service Pack 1 -combine non-exempt, potential to emit emissions for each contaminant for all stacks within each of the 4 stack categories, Microsoft Windows NT 6.1.7601 Service Pack 1 -compare each group of non-exempt, potential to emit emissions against the respective threshold found in column (c), (d), (e) or (f) in the table, Microsoft Windows NT 6.1.7601 Service Pack 1 -if any group exceeds it's respective threshold in column (c), (d), (e) or (f), consider all non-exempt, potential to emit emissions from the source in determining compliance with the applicable or control requirement. - See PDF for table Microsoft Windows NT 6.1.7601 Service Pack 1 The emission rates in columns (c) to (f) in Table C for any hazardous air contaminant may only be used if emissions are from an unobstructed vertical discharge point. Owners and operators of sources unable to use this table should refer to s. NR 445.08(2) . Microsoft Windows NT 6.1.7601 Service Pack 1 1 For purposes of calculating non-exempt, potential to emit emissions for comparison with the threshold value in column (c), (d), (e) or (f) in the table the owner or operator of a source would: Microsoft Windows NT 6.1.7601 Service Pack 1 -combine non-exempt, potential to emit emissions for each contaminant for all stacks within each of the 4 stack categories, Microsoft Windows NT 6.1.7601 Service Pack 1 -compare each group of non-exempt, potential to emit emissions against the respective threshold found in column (c), (d), (e) or (f) in the table Microsoft Windows NT 6.1.7601 Service Pack 1 -if any group exceeds its respective threshold in column (c), (d), (e) or (f), consider all non-exempt, potential to emit emissions from the source in determining compliance with the applicable standard or control requirement Microsoft Windows NT 6.1.7601 Service Pack 1