Air Toxics Rule
On July 1, 2004 revisions to Wisconsin's Air Toxics Rule, also known
as Wisconsin's Hazardous Air Pollutant Rule, became effective. The rule
is found in ch. NR 445, Wisconsin Administrative Code.
The Department of Natural Resources (DNR) revised NR 445 to accomplish
- Update the list of regulated substances and emission standards to
reflect advances in scientific and medical knowledge.
- Simplify the regulatory process by reducing administrative work
related to the rule and making the rule more flexible.
The following summarizes key changes made to NR 445:
Updating the list of regulated substances
Since the 1980's, toxicologists have found more chemicals that are harmful
to human health. The revisions reflect these findings by:
- Adding 103 substances
- Removing 5 substances
- Setting more stringent emission standards for 130 currently regulated
- Setting less stringent emission standards for 86 currently regulated
The revised NR 445 now lists a total of 535 substances.
Consolidating the tables
The pollutants are listed in three tables, each of which includes important
regulatory information needed about each substance.
- Table A applies to all sources of emissions.
- Table B applies only to facilities that manufacture or treat pesticides
or similar substances.
- Table C applies only to facilities that manufacture or treat pharmaceuticals.
This includes an alphabetical listing of the pollutants, with their
Chemical Abstracts Service (CAS) numbers, their emission thresholds
and standards, and compliance schedules. Common synonyms have been added
to the tables to make it easier to find the substance.
Facilities that are likely to emit minimal air toxics, if any, will
fall into a new source category called "incidental emitters."
This category includes most non-manufacturers and those manufacturers
that emit less than three tons per year of volatile organic compounds
and less than five tons per year of particulate matter. These facilities
may limit their search and inquiry to certain processes of concern and
a shorter list of chemicals of concern (Table E). Incidental Emitters
must meet all regulatory requirements, but only for those chemicals
and processes identified during their limited search and inquiry.
Search and Inquiry Process
The rule defines due diligence as a reasonable investigation of likely
sources of air emissions. These include investigating the following:
- Material Safety Data Sheets (MSDS) or other sources of information.
- Substances that are reasonably expected to be created through a
combustion or manufacturing process.
- Substances contained in or created through the treatment or disposal
of raw materials or waste.
Facilities that exercise due diligence and meet the applicable compliance
requirements for the identified emissions will not be penalized if it
is subsequently discovered that they emit a regulated substance over
threshold levels. While facilities will be required to promptly inform
the DNR of their discovery and to come into compliance in a timely manner,
they will not face retroactive penalties.
Facilities may certify that they are in compliance with NR 445 requirements
rather than revise operation permits or obtain a construction permit,
except for situations where a source needs to comply with control requirements
for carcinogens. In those situations, facilities will need to work closely
with the DNR air permit staff to ensure they are meeting all requirements.
Most new compliance requirements will be written into the operation
permit during the normal permit renewal or issuance cycle.
If you think that your facility is affected by this rule, you can find
out more detailed
information by attending training workshops. The Small Business Clean
Air Assistance Program (SBCAAP) along with the DNR, the University of
Wisconsin-Extension's Solid and Hazardous Waste Education Center (SHWEC),
and the Federation of Environmental Technologists, Inc. (FET) are hosting
six workshops throughout the state.
2004 NR 445 Training Dates
October 12 - Eau Claire
October 13 - Wausau
October 14 - Brookfield
October 19 - Neenah
October 20 - Madison
October 21 - Racine
To register visit www.fetinc.org
or contact FET at 262-644-0070. Rule information is available at http://dnr.wi.gov/org/aw/air/HEALTH/airtoxics.
--Thomas J. Coogan
The newsletter is issued electronically every other month.
Please send comments or questions to Barbro McGinn, editor.