Wisconsin Department of Commerce Newsletter
Air Pollutant Deadline December 31
The existing hazardous air pollution (HAP) rule has been revised by the DNR Air Program. DNR spent four years working with an external advisory group to get input on the rule changes. Documents from that advisory process are available for review.
NR 445 (Hazardous Air Pollutant Rule) revisions became final during July, 2004. As of July 1, 2004, new sources (including modified sources) have to be in compliance with the new rule upon startup of the new or modified processes. Existing sources will have 3 years from the promulgation date (July 1, 2007) to comply with the rule. Information on the new rule and how it might apply to a company can be found on the Air Toxics web page - new information is added regularly.
Deadline of December 31, 2005 for Report on Whether BACT/LAER applies.
While this December 31, 2005 deadline is an important one, DNR believes that most companies will not be affected by this requirement. This reporting requirement only applies to sources that are newly subject to the rule. It does not apply to sources that have previously met the BACT/LAER control requirement in NR 445 or to those that will use one or more of the new compliance options added to NR 445 in 2004.
Companies that have previously complied with BACT/LAER control requirements in the rule have conditions in their permits and are not required to submit any information under the December deadline for the sources operating under those approvals (this assumption is valid as long as the HAP has not changed from a BACT to a LAER requirement due to the rule revision).
The December 31, 2005 reporting requirement will be applicable to your company if, and only if, you answer yes to both of the following questions:
Question 1: Are emission sources at your company newly subject to
Question 2: Will your company choose to install BACT or LAER control
technology rather than use one of the new compliance options added to
Click here for the Air Program's page with details about the new NR 445 requirements.
For further information about this requirement, you may also contact:
- Renee Lesjak Bashel
The newsletter is issued electronically every other month.
Please send comments or questions to Barbro McGinn, editor.