Section 445.11. Compliance requirements for sources of incidental emissions.

 

(1)  The owner or operator of a facility described by a standard industrial classification code listed in Table D, as described in the Standard Industrial Classification Manual, 1987, incorporated by reference in s. NR 484.05 (1) , or that has actual annual emissions of less than 5 tons of particulate matter and less than 3 tons of volatile organic compounds, shall meet the requirements of subs. (2) to (4) if any of the following apply:

(a) The facility includes operation of one or more of the following processes:

1. A compression ignition internal combustion engine with rated brake power greater than 100 horsepower used as a power source.

2. Any expected source of chlorinated dioxins, furans or PCBs.

3. Sludge incineration.

4. Chrome electroplating.

5. Gasoline dispensing.

6. Manufacture or treatment of a pesticide, rodenticide, insecticide, herbicide or a fungicide resulting in an emission of a hazardous air contaminant listed in Table B of s. NR 445.07 .

7. Manufacture or treatment of a pharmaceutical resulting in an emission of a hazardous air contaminant listed in Table C of s. NR 445.07 .

8. Solid, hazardous or medical waste incineration.

(b) The presence of one or more of the substances in Table E at the facility is indicated by one of the following:

1. The substance is listed on an approved material safety data sheet or is otherwise brought into the facility.

2. The substance is reasonably expected to be created at the facility through a combustion process or manufacturing process, or through the treatment of raw materials or waste.

(2)  

(a) The owner or operator of a process identified under sub. (1) (a) 1. shall meet the applicable requirements in s. NR 445.09 for that process.

(b) The owner or operator of a process identified under sub. (1) (a) 2. to 5. shall meet the applicable requirements in s. NR 445.07 (1) for any hazardous air contaminants listed in Table A of s. NR 445.07 for that process.

(c) The owner or operator of a process identified under sub. (1) (a) 6. shall meet the applicable requirements in s. NR 445.07 (2) for any hazardous air contaminants listed in Table B of s. NR 445.07 for that process.

(d) The owner or operator of a process identified under sub. (1) (a) 7. shall meet the applicable requirements in s. NR 445.07 (3) for any hazardous air contaminants listed in Table C of s. NR 445.07 for that process.

(e) The owner or operator of a process identified under sub. (1) (a) 8. shall meet the applicable requirements in s. NR 445.07 (4) for that process.

(3)  The owner or operator of a facility meeting the criteria in sub. (1) (b) shall meet the applicable requirements in s. NR 445.07 (1) for any hazardous air contaminants listed in Table A of s. NR 445.07 .

(4)  The owner or operator subject to sub. (2) or (3) shall do both of the following:

(a) Achieve compliance using the procedures allowed under s. NR 445.08 (2) , (3) (a) or (b) or 445.09 (4) .

(b) Meet the applicable compliance schedule under s. NR 445.08 (6) .

History: CR 02-097 : cr. Register June 2004 No. 582 , eff. 7-1-04; CR 07-076 : am. Tables D and E Register July 2008 No. 631 , eff. 8-1-08; reprinted to insert line numbers per CR 07-076 Register August 2008 No. 632 .

Note

The department will develop a list of the hazardous air contaminants it has determined to be potentially emitted from the processes listed in sub. (1) (a) 2. to 5. This list may be obtained by calling the Environmental Analysis and Outreach Section of the Bureau of Air Management at 608-266-7718. Microsoft Windows NT 6.1.7601 Service Pack 1 Owners and operators of sources affected by this section should refer to chs. NR 406 , 407 and 438 to determine whether there are applicable requirements in those chapters for hazardous air contaminants identified under this section. - See PDF for table Microsoft Windows NT 6.1.7601 Service Pack 1 Conversion tables to match 1987 SIC codes to 1997 NAICS codes can be found at http://www.census.gov/epcd/www/drnaics.htm . - See PDF for table - See PDF for table - See PDF for table - See PDF for table - See PDF for table Microsoft Windows NT 6.1.7601 Service Pack 1