9.
Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report: The economic impact of the proposed rules is expected to be minimal. In most cases, the changes proposed will result in clarity and cost savings for business, especially for small business.10.
Effect on Small Business (initial regulatory flexibility analysis): Small businesses with air pollution emissions will be affected by the proposed rules. In general, the revisions in this rule package provide clarification for applicability of permit exemptions. Small businesses that may not have dedicated environmental staff will be able to understand and take advantage of clarified permit exemptions and other exclusions in the rules. Other changes streamline processes or allow for implementation of online reporting and application submittals, which also provide a cost savings for small businesses.The proposed rules will allow all Wisconsin businesses, including small businesses, seeking minor construction permits to begin certain preconstruction activities prior to permit issuance. The ability to begin certain preconstruction activities before receiving a permit can be economically beneficial to some businesses.
Some small businesses may need assistance in understanding what rules apply and which exemptions they qualify for. The Air Program’s Small Business Environmental Assistance Program is available to help small businesses understand what permits and requirements apply and what options are available to demonstrate compliance.
11.
Agency Contact Person: Kristin L. Hart, Chief – Permits and Stationary Source Modeling Section,12.
Place where comments are to be submitted and deadline for submission: A public hearing was held on April 17, 2019. The department accepted comments by regular mail, email and at the public hearing. The comment period ended on April 24, 2019.
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SECTION 1. NR 400.02 (130), (136m) (intro.), and (b) are amended to read:
NR 400.02 (130) “Reconstruction” means the removal of components of a stationary source and the substitution of those components with similar new components to such an extent that the fixed capital cost of the new components exceeds 50% of the fixed capital cost that would be required to construct a comparable entirely new stationary source. The term “reconstruction” does not apply to minor or indirect sources.
(136m) (intro.) “Restricted use reciprocating internal combustion engine” or “restricted use RICE” means a reciprocating internal combustion engine stationary RICE that is one of the following:
(b) Operated in accordance with the definition of limited use stationary RICE in 40 CFR 63.6675. SECTION 2. NR 400.02 (136m) (b) (Note), (136r), and (162) (a) 61. and 62. are created to read:
NR 400.02 (136m) (b) Note: An internal combustion engine that meets the definition of non-road engine in 40 CFR 63.6675 is not a stationary RICE. (136r) “RICE” means a reciprocating internal combustion engine.
(162) (a) 61. 1,1,2,2-tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane (HFE-347pcf2).
62. cis-1,1,1,4,4,4-hexafluorobut-2-ene (HFO-1336mzz-Z)
SECTION 3. NR 406.02 (6) is amended to read:
NR 406.02 (6) “Permit revision” means any change to a construction permit to reflect a change at a source that is not a modification of the source or that is an exempt modification of the source.
SECTION 4. NR 406.03 (1e) (intro.) is amended to read:
NR 406.03 (1e) (intro.) EXCLUSIONS. Notwithstanding the definitions of “commence construction” and “commence modification” in s. NR 400.02 (44) and (45) respectively, for projects reviewed under this chapter that, prior to issuance of a permit, would not be considered a major modification or construction of a major source under ch. NR 405 or 408, all of the following activities may be excluded when determining if construction, reconstruction, replacement, relocation, or modification has commenced: SECTION 5. NR 406.03 (1e) (a) and (b) are repealed.
SECTION 6. NR 406.03 (1e) (c) is amended to read:
NR 406.03 (1e) (c) Erecting temporary storage structures.
SECTION 7. NR 406.03 (1e) (j) is repealed.
SECTION 8. NR 406.03 (1m) (a) and (b), (2) (b) 2.c., and (g) are amended to read:
NR 406.03 (1m) (a) Applications for construction permits shall be made on forms supplied by the department for these purposes and supplemented with other materials as indicated on the forms. The forms may be supplied by the department in an electronic format, such as on a computer disk or on line, if so requested by the applicant.
(b) Application materials, including construction permit waiver requests, may be submitted on paper or in an electronic format. The applicant shall submit 2 copies of all forms and other required materials, as indicated on the forms. , which are submitted on paper. The applicant shall submit one copy of all forms and other required materials, as indicated on the forms, which are submitted in an electronic format. These materials When electing to submit materials on paper, the applicant shall be submitted submit the materials to the Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707−7921, Attention: Construction permits.
(2) (b) 2. c. A substantial economic or financial hardship that may preclude the project in its entirety.
(g) The department may not grant a waiver to for a source located or to be located within 10 kilometers of a Class I area under this subsection.
SECTION 9. NR 406.04 (1) (a) 4m. and (bm) are created to read:
NR 406.04 (1) (a) 4m. Distillate oil meeting the on-road sulfur content for diesel fuel specified in 40 CFR 80.510 (b) at a heat input rate of not more than 25 million Btu per hour. (bm) Equipment owned or operated by a government agency, such as police or sheriff’s department, that is used to incinerate only drugs confiscated by federal, state, or local law enforcement agencies, provided the equipment meets all of the following requirements:
1. The equipment is a dual-chamber incinerator that complies with all of the following:
a. The equipment is designed to incinerate not more than 500 pounds of material per hour.
b. The equipment has a secondary chamber that operates at all times during drug incineration with a minimum temperature of 1,400 degrees Fahrenheit, and a minimum gas retention time of 0.5 seconds.
2. Stacks shall comply with all of the following:
a. Each stack shall have a height at least 1.5 times higher than the peak of the highest structure within 150 feet of the equipment.
b. Each stack shall be located at least 500 feet from nearest property line.
c. Each stack shall have unobstructed vertical discharge when the incinerator is operated. Properly installed and maintained spark arresters are not considered obstructions.
3. The equipment shall be operated within all of the following limits:
a. The unit shall reach a minimum operating temperature of 1,400 degrees Fahrenheit prior to introducing the materials to be incinerated.
b. The quantity of material incinerated, including packaging, is limited to no more than 25 pounds in any 24-hour period, with the exception of marijuana. Marijuana may be incinerated in quantities up to the design capacity of the incinerator.
c. Fuel for the equipment shall be limited to natural gas, liquid petroleum gas, distillate fuel oil with less than 0.0015% sulfur by weight, or the equipment shall use electric power.
d. The manufacturer's recommended operating instructions shall be posted at the incinerator, and the unit shall be operated in accordance with these instructions. The incinerator shall be operated in accordance with the manufacturer's specifications and maintained in good working order.
4. The owner or operator shall install, calibrate, maintain, and operate a monitoring device that continuously measures and records the temperature of the secondary chamber of the incinerator.
5. The owner or operator shall maintain records sufficient to demonstrate that each of the requirements listed in this paragraph are met. The records shall be retained for a minimum of 5 years and shall include all of the following:
a. The time and date materials are charged.
b. The amount of material charged or burned in each 24-hour period.
c. The type and amount of fuel usage, including sulfur content for fuel oil.
d. The monitoring results.
e. The hours of operation.
f. Routine maintenance of abatement systems.
SECTION 10. NR 406.04 (1) (i) (intro.), 2., 3. and 4., (m) (intro.), and (zg) 1. are amended to read:
NR 406.04 (1) (i) Equipment A temporary change in the method of operation or temporary equipment used or to be used for testing or research, provided that all of the following requirements are met:
2. The department determines that the equipment to be used and the anticipated emissions from the testing or research will not present a significant hazard to public health, safety or welfare or to the environment and approves the application for exemption.
3. The temporary change in the method of operation or temporary equipment will be in operation for less than 12 months. Upon completion of the testing, the temporary change in the method of operation or operation of temporary equipment shall cease. Operation beyond the testing period is prohibited unless approved by a different construction permit exemption or by a construction permit.
4. The department approves the application for exemption submitted under subd. 1. in accordance with the following procedure:
a. The department shall approve or deny the application in writing within 45 days of receiving a complete application.
b. The department may provide public notice of an application for research and testing exemption, may provide an opportunity for public comment and an opportunity to request a public hearing and may hold a public hearing on any application under this paragraph.
c. The department shall make all nonconfidential information available to the public upon request.
(m) The following procedures for the remediation or disposal of soil or water contaminated with organic compounds, provided the potential to emit, considering emission control devices, for any hazardous air contaminant listed in Table A to Table C of s. NR 445.07 is not greater than the emission rate listed in Table A to Table C of s. NR 445.07 for the air contaminant at the respective stack height, and the procedure is not subject to any standard or regulation an emission limitation or emission standard under section 111 or 112 of the Act (42 USC 7411 or 7412): (zg) 1. The equipment will be installed and operated only when at least one of the permanent steam generating units at the source is out of service for maintenance, repair, or an emergency, except that the temporary equipment and the permanent steam generating equipment being taken out of service for maintenance, repair, or an emergency may operate simultaneously for up to 24 hours during startup or shutdown of the permanent steam generating equipment.
SECTION 11. NR 406.04 (1f) (c) and (Note) are repealed.
SECTION 12. NR 406.04 (1f) (f) is created to read:
NR 406.04 (1f) (f) For new or modified sources for which no construction permit is required, an operation permit application shall be submitted as required under s. NR 407.04 (1) (b) 3. prior to commencing construction or modification. SECTION 13. NR 406.04 (1k) (intro.), (1q) (f) and (g), (2) (h), (4) (a) 5., (b) (title) and (b) are amended to read:
NR 406.04 (1k) Projects evaluated for significant net emissions increase. Notwithstanding the provisions of s. NR 406.04 (1) and (2), no construction permit is required for a modification to an existing emissions unit, as defined in s. NR 405.02 (12) or 408.02 (13), at an existing major stationary source, as defined in s. NR 405.02 (22), or an existing major source, as defined in s. NR 408.02 (21), which does not result in a significant emissions increase, as defined in s. NR 405.02 (27m) or 408.02 (32m), provided all of the following criteria are met: (1q) (f) The Prior to commencing construction, the owner or operator of the source submits to the department a claim of exemption from construction permitting requirements. The exemption claim shall identify the emissions units which that are being constructed, modified, replaced, relocated, or reconstructed. The department shall respond to the claim of exemption submittal within 20 business days after receipt of the claim.
