NR 445.08 NR 445.08 Compliance requirements.

NR 445.08(1) (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.

NR 445.08(2) (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.

NR 445.08(2)(a) (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.

NR 445.08(2)(b) (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.

NR 445.08(2)(c) (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

NR 445.08(2)(d) (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.

NR 445.08(2)(e) (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.

NR 445.08(2)(f) (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.

NR 445.08 Note 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.

NR 445.08(3) (3) Alternative methods of compliance.

NR 445.08(3)(a) (a) The owner or operator of a source may use the following alternative method of complying with any control requirements in s. NR 445.07 (1) (c), (2) or (3) by doing both of the following:

NR 445.08(3)(a)1. 1. Limiting the quantity, concentration or duration of potential to emit emissions of one or more hazardous air contaminants 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 a cumulative inhalation impact from all of the contaminants greater than 1 x 10-5. The cumulative inhalation impact is determined by the following equation:

cumulative inhalation impact =

å

=

annual average

where:

inhalation impact annual average is the annual average concentration in micrograms per cubic meter (mg/m3) of each contaminant

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

i is a subscript denoting an individual hazardous air contaminant

n is the number of different hazardous air contaminants 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, including those exempt under s. NR 445.07 (5), that are emitted at the facility.

NR 445.08(3)(a)2. 2. For each hazardous air contaminant with a control requirement in column (i) of Table A, B or C of s. NR 445.07 not having a unit risk factor established by either the EPA or the California air resources board, limiting potential to emit emissions of the contaminant from the facility, including those exempt under s. NR 445.07 (5), to less than the relevant threshold in column (c), (d), (e) or (f) of Table A, B or C of s. NR 445.07.

NR 445.08(3)(b) (b) The owner or operator of a source may use the following alternative method of complying with any control requirements in s. NR 445.07 (4) by doing both of the following:

NR 445.08(3)(b)1. 1. Limiting the quantity, concentration or duration of potential to emit emissions of one or more hazardous air contaminants 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, including those exempt under s. NR 445.07 (5), so as not to cause a cumulative multipathway impact off the source property from all of the contaminants greater than 1 x 10-5.

NR 445.08(3)(b)2. 2. For each hazardous air contaminant with a control requirement in column (i) of Table A, B or C of s. NR 445.07 not having a unit risk factor established by either the EPA or the California air resources board, limiting potential to emit emissions of the contaminant from the facility, including those exempt under s. NR 445.07 (5), to less than the relevant threshold in column (c), (d), (e) or (f) of Table A, B or C of s. NR 445.07.

NR 445.08 Note Note: Unit risk factors for carcinogens can be obtained from the US EPA at the following website: http://www.arb.ca.gov/toxics/healthval/healthval.htm. The US EPA unit risk factors should be consulted first. If no agreed upon unit risk factor is listed by the US EPA, then unit risk factors developed by the State of California should be consulted. The State of California’s Air Resources Board and Office of Environmental and Health Hazard Assessment unit risk factors for carcinogens can be obtained from the following website: http://www.arb.ca.gov/toxics/healthval/healthval.htm.