Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 460 - Emission Standards For Hazardous Air Pollutants For Source Categories-General Provisions › Section NR 460.01 - Applicability; purpose

Current through June 24, 2024
(1) APPLICABILITY.
(a) This chapter applies to the owner or
				operator of any facility affected by a standard promulgated by EPA under
				section 112 of the act (
				42 USC
				7412 ), except as otherwise specified in the
				appendices of this chapter and as provided in pars. (b) and (d).
Note
The general provisions of this chapter
				  eliminate the repetition of requirements applicable to all owners or operators
				  affected by the national emission standards for hazardous air pollutants
				  promulgated under 40 CFR part 63, which are commonly called MACT standards.
				  These standards will regulate specific categories of stationary sources that
				  emit, or have the potential to emit, one or more hazardous air pollutants
				  listed pursuant to section 112 (b) of the Act (
				  42 USC
				  7412(b) ). The department
				  plans to group the source categories it regulates under chs.
				  NR 460 to
				  469.
Some delay may occur between the promulgation of the federal
				  standard in 40 CFR part 63 and subsequent promulgation of the standard in chs.
				  NR 460 to
				  469. Permits under ch. NR 406 or
				  407 may, under s.
				  285.65, Stats.,
				  specify applicable requirements from 40 CFR part 63 and refer to applicable
				  requirements in this chapter before the specific requirements for the source
				  category can be promulgated in chs.
				  NR 460 to
				  469.
To obtain the most current list of categories of sources to
				  be regulated under section 112 of the Act (
				  42 USC
				  7412 ), or to obtain the most recent
				  regulation promulgation schedule established pursuant to section 112 (e) of the
				  Act (
				  42 USC
				  7412(e) ), contact the
				  department's Bureau of Air Management, PO Box 7921, Madison WI 53707, telephone
				  number (608) 266-7718, or EPA's Emissions Standards Division (MD-13), U.S. EPA,
				  Office of Air Quality Planning and Standards, Research Triangle Park NC 27711,
				  telephone number (919) 541-2380.
(b) Special provisions in a relevant standard
				established under 40 CFR part 63 after March 16, 1994 shall supersede any
				conflicting provisions of this chapter.
Note
This paragraph addresses federal MACT
				  standards that have not yet been promulgated by the department under chs.
				  NR 460 to
				  469. Standards established under
				  40 CFR part 63 include a table that identifies special provisions which
				  supersede the general provisions of 40 CFR part 63 Subpart A. This table in the
				  federal standard will be used as a guide for identifying special provisions
				  that supersede comparable provisions of this chapter.
(c) If the owner or operator of an existing
				source obtains a compliance date extension for the source in accordance with
				the provisions of 40 CFR part 63, Subpart D, the owner or operator shall comply
				with all requirements of this chapter except those requirements that are
				specifically overridden in the extension of the compliance for that source.
Note
Extensions under the early reduction
				  program of 40 CFR part 63, Subpart D, are only available from EPA.
(d) This chapter does not apply to
				the owner or operator of any facility subject to the provisions of s.
				NR
				468.20.
(e) All references to 40 CFR part 60, 40 CFR
				part 61 and 40 CFR part 63 in this chapter mean those parts of the code of
				federal regulations as in effect on April 1, 2002, with the following
				exceptions:
1. In par. (b), 40 CFR part 63
				means that part as it exists on the effective date of the relevant federal
				standard, including future standards.
2. In the case of CFR appendices incorporated
				by reference in ch. NR 484, if a more recent date is specified in the
				applicable section of ch. NR 484, that date shall apply.