Section 445.13. Review of hazardous air contaminant requirements.

 

(1)   Periodic reports. The department, in consultation with the department of health services, shall prepare a periodic report for the natural resources board that reviews information related to listing, de-listing, and setting regulatory thresholds, standards and control requirements for hazardous air contaminants under this chapter. The report shall include all of the following:

(a) A review of available information about the likely sources of emissions of and an assessment of whether the criteria set forth in sub. (2) (b) are likely to apply to the hazardous air contaminants identified under this subsection.

(b) Recommendations on the need for rule modifications.

(c) Recommendations on the need for special studies.

(2)   Revision of table lists.

(a) The department shall determine that a substance is a hazardous air contaminant that may be listed in Table A, B or C of s. NR 445.07 if the substance can, due to inhalation, cause an adverse health effect and it meets one or more of the following conditions:

1. The substance is classified as a known carcinogen or reasonably anticipated to be carcinogenic by both the International Agency for Research on Cancer and the National Toxicology Program.

2. The substance has a threshold limit value established by the American Conference of Governmental Industrial Hygienists.

3. The substance has a reference concentration established by the United States environmental protection agency with an uncertainty factor of 300 or less.

(b) Except as provided for in pars. (c) and (d) , the department shall list in Table A, B or C of s. NR 445.07 a substance determined under par. (a) to be a hazardous air contaminant if it also determines that none of the following apply to the contaminant:

1. The only critical inhalation effect listed for the substance by the American Conference of Governmental Industrial Hygienists is asphyxiation.

2. The substance possesses an explosive nature requiring safety procedures that preclude ambient concentrations that would present toxicity concerns.

3. The substance has a threshold limit value of greater than or equal to 100 parts per million.

4. The substance has a threshold limit value of greater than or equal to 10 milligrams per cubic meter.

(c) Paragraph (b) notwithstanding, the department may consider any of the following in determining whether to list a hazardous air contaminant in Table A, B or C of s. NR 445.07 :

1. Other regulations that may provide adequate protection for public health or welfare.

2. That additional information is necessary to fully assess the need to list the hazardous air contaminant in Table A, B or C.

(d) Paragraph (b) notwithstanding, the department shall consider all of the following in determining whether to list a hazardous air contaminant in Table A, B or C of s. NR 445.07 :

1. An evaluation of sources in Wisconsin that release, or are likely to release, the contaminant.

2. An evaluation of the expected population exposure to the contaminant and the related risks.

3. An evaluation of alternative control strategies, including emission limitations, that includes consideration of costs.

(3)   Reevaluation of listing decision. The owner or operator of an affected source or other interested party may submit a written request to, and the department may, reevaluate a determination to list or not to list a substance as a hazardous air contaminant in this chapter. The request shall provide new or additional information for the department's consideration. In conducting a reevaluation, the department shall consider the criteria set forth in sub. (2) (b) and (c) and other information that it deems relevant.

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