Section 445.12. Variances.

 

(1)   Criteria for approval. The owner or operator of a source subject to this chapter may apply for and the department may approve a variance from any of the provisions identified in pars. (a) and (b) if the applicant demonstrates to the satisfaction of the department that applicable provisions are met as follows:

(a) An applicant for a variance from the LAER control requirements in s. NR 445.07 (1) (c) , (2) , (3) or (4) shall demonstrate all of the following to the satisfaction of the department:

1. Compliance with the LAER control requirement for which the variance has been requested would be economically infeasible.

2. Residual emissions of the hazardous air contaminant in question would not cause significant harm to the environment or public health.

3. The source's emissions would be controlled to a level that is the best available control technology.

(b) An applicant for a variance from the emission limitation of s. NR 445.07 (1) (a) for a contaminant having a standard based on an annual time period shall demonstrate all of the following to the satisfaction of the department:

1. All direct or portable sources owned or operated in the state by the owner or operator of the air contaminant source for which a variance is requested are in, or are on a schedule for, compliance with all other applicable requirements of chs. NR 400 to 499 .

2. The emission limitation from which variance is sought is technologically or economically infeasible to meet due to conditions or special circumstances at the source, including adverse environmental or energy impacts.

3. Residual emissions of the hazardous air contaminant would not cause significant harm to public health.

4. Good faith efforts have been made to comply with s. NR 445.07 (1) (a) and all reasonably available alternative operating procedures and interim control measures to minimize emissions of the hazardous air contaminant will be utilized during the duration of the variance.

(2)   Consultation. The department shall consult with the department of health services to determine that residual emissions would not cause significant harm under sub. (1) (a) 2. or (b) 3. prior to establishing an emission limitation in a permit or order under this section.

(3)   Application forms. Application for a variance under this section shall be submitted on the application forms required for a construction permit, an operation permit, an amendment to an application, renewal of the operation permit, or for a significant revision under s. NR 407.13 , as applicable.

(4)   Notice and hearing. The department shall publish a notice of, and hold a public hearing on, any preliminary determination to approve a variance request under this section.

(5)   Action on applications. The department shall grant, conditionally grant or deny a variance request within 90 business days after the close of the public comment period on the request.

(6)   Review and revision. The department shall review any variance granted under this section on a 5 year basis. Following its review and after notice and an opportunity for a public hearing and public comment, the department may modify, extend or rescind the variance.

History: CR 02-097 : cr. Register June 2004 No. 582 , eff. 7-1-04; correction in (2) made under s. 13.92 (4) (b) 6. , Stats., Register August 2008 No. 632 .

Note

Application forms for sub. (3) may be obtained from, and submitted to, the regional and area offices of the department or: Microsoft Windows NT 6.1.7601 Service Pack 1 Wisconsin Department of Natural Resources
Bureau of Air Management
PO Box 7921
Madison WI 53707-7921
Attention: NR 445 Variance Applications. Microsoft Windows NT 6.1.7601 Service Pack 1