Wisconsin Department of Commerce Newsletter
October 2005
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.
When the Wisconsin Air Toxics rule (ch. NR 445, Wis. Adm. Code) was revised on July 1, 2004, a December 31, 2005 reporting requirement was added for sources needing to meet control requirements for carcinogenic hazardous air pollutants (HAPs). This was added to the rule to direct companies with emission sources that need to install either Best Available Control Equipment (BACT) or Lowest Achievable Emission Rate (LAER) technology to meet control requirements in NR 445 to submit plans. It is necessary for the DNR to receive these plans in 2005 so that they can be reviewed and acted on in time for the company to meet the June 30, 2007 deadline for final compliance with the changes to NR 445. Please see NR 445.08(6)(c.) of the rule for the specific requirement or contact DNR Air Management personnel for further information on how to submit these plans.

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 NR 445?
Emissions sources at your company are newly subject to NR 445 if either of these two situations exist:

  • You have non-exempt, potential to emit emissions greater than stack thresholds for a newly listed carcinogenetic HAP emission.
  • You have emissions of a previously listed carcinogenetic HAP that has had it’s stack thresholds lowered and your non-exempt, potential to emit emissions are greater than the new lower threshold.

Question 2: Will your company choose to install BACT or LAER control technology rather than use one of the new compliance options added to NR 445?
BACT and LAER control technology are engineering control plans that are based on an analysis of the specific conditions that exist at your company. New compliance options that are available for companies include:

  • capping emissions below thresholds levels
  • reducing off-property risks to the risk-based alternative methods in the revised rule
  • changing stack heights to stay below threshold levels

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.

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