Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 445 - Control Of Hazardous Pollutants › Subchapter II - Emission Requirements, Review and Notifications for Stationary Sources of Hazardous Air Contaminants › Section NR 445.08 - Compliance requirements

Current through June 24, 2024
(1) COMPLIANCE
				  DETERMINATION. Determination of compliance shall be done while the source is
				  operating under the conditions required by permit or order resulting in the
				  greatest emissions of the hazardous air contaminant, or absent a permit or
				  order, by using the maximum theoretical emissions from the source.
(2) COMPLIANCE METHODS. The owner or operator
				  of a source shall achieve compliance with the emission limitations and control
				  requirements in s.
				  NR
				  445.07(1), (2) or (3) for each
				  hazardous air contaminant by doing one or any combination of the following. A
				  source unable to meet the requirements of s.
				  NR
				  445.07(6) (a) and (b) may not use
				  par. (a) by itself or in combination with other methods to achieve compliance
				  under this subsection.
(a) Limiting
				  non-exempt, potential to emit emissions from the source of each hazardous air
				  contaminant to less than the applicable threshold in column (c), (d), (e) or
				  (f) of Table A, B or C of s.
				  NR
				  445.07.
(b) Limiting the quantity, concentration or
				  duration of non-exempt, potential to emit emissions from the source of each
				  hazardous air contaminant that has a standard expressed as an ambient air
				  concentration in Table A or B of s.
				  NR
				  445.07 so that the ambient air concentration off the
				  source property is less than the concentration allowed under column (g) of the
				  table.
(c) Limiting the quantity,
				  concentration or duration of non-exempt, potential to emit emissions of each
				  hazardous air contaminant with a control requirement in column (i) of Table A,
				  B or C of s.
				  NR
				  445.07 having a unit risk factor established by either
				  the EPA or the California air resources board, so as not to cause an ambient
				  air concentration off the source property that results in an inhalation impact
				  greater than 1 x 10-6. The inhalation impact is
				  determined by the following equation:
inhalation impact = (inhalation impact concentration annual
					 average) x (unit risk factor)
where:
inhalation impact concentration annual
					 average is the annual average concentration of a contaminant in
					 micrograms per cubic meter (mg/m3) unit risk factor
					 for the contaminant is the unit risk factor value established by either EPA or
					 the California air resources board and is expressed in reciprocal micrograms
					 per cubic meter
					 (mg/m3)-1
(d) Altering the release height or
				  dispersion characteristics of each hazardous air contaminant in Table A, B or C
				  of s.
				  NR
				  445.07 such that the alteration results in the
				  source's ability to meet par. (a), (b) or (c) or sub. (3) (a) 1. or (b) 1.
(e) Limiting the concentration of
				  each hazardous air contaminant that has a standard expressed as an ambient air
				  concentration in Table A or B of s.
				  NR
				  445.07 in the stack to less than the concentration
				  allowed under column (g) of the table for that contaminant.
(f) Limiting emissions of the hazardous air
				  contaminant through application of the control requirement identified in column
				  (i) of Table A, B or C of s.
				  NR
				  445.07. The control requirement shall be first applied
				  to the emissions unit at the facility that emits the greatest actual annual
				  amount of the hazardous air contaminant. If application of the control
				  requirement to this emissions unit does not reduce facility emissions of the
				  hazardous air contaminant to a level less than the rate listed in column (c),
				  (d), (e) or (f) of Table A, B or C of s.
				  NR
				  445.07 for the contaminant, the control requirement
				  shall be applied to other emissions units at the facility that emit
				  progressively smaller amounts of the contaminant until emissions from the
				  facility are below the emission rate listed in column (c), (d), (e) or (f) of
				  Table A, B or C of s.
				  NR
				  445.07 for the contaminant or until the control
				  requirement has been applied to all emissions units at the facility that emit
				  at least 10% of the rate listed in column (c), (d), (e) or (f) of Table A, B or
				  C of s.
				  NR
				  445.07 for the contaminant. If application of the
				  control requirement to these emissions units does not result in the reduction
				  of at least 50% of the potential emissions of the contaminant from the
				  facility, the department may require application of the control requirement on
				  a reasonable array of smaller emissions units that emit the contaminant.
Note:
The term "control requirement" is used
					 to represent the applicable level of emission reduction required for the
					 hazardous air contaminant under review, in other words LAER or BACT. These
					 reduction options include lower emitting processes or practices, material
					 substitution, add-on controls, or any combination of the options.