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 NoteNote: 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.

NR 445.08 NoteNote: Par. (c) was repealed by 2011 Wis. Act 122. On May 24, 2011, the Joint Committee for the Review of Administrative Rules (JCRAR) adopted a motion under s. 227.26 (2) (d), Stats., that suspended s. NR 445.08 (3) (c) in its entirety. Pursuant to s. 227.26 (2) (f), Stats., JCRAR introduced 2011 Assembly Bill 195 and 2011 Senate Bill 138, in support of the JCRAR suspension. 2011 Senate Bill 138 was enacted, effective March 22, 2012, resulting in the repeal of the rules as suspended by the May 24, 2011 JCRAR motion, as provided in s. 227.26 (2) (i), Stats., and creating s. 285.28, Stats., as set forth below.

NR 445.08 Note285.28 Agricultural waste; hazardous air contaminants. The department may not regulate the emission of hazardous air contaminants associated with agricultural waste except to the extent required by federal law.

NR 445.08 NoteNote: NR 445 was not developed with the purpose of regulating emissions of hazardous air contaminants associated with agricultural waste or byproducts. The department believes that using best management practices is the preferred approach to regulate and control emissions from these types of sources. Accordingly, the department intends to participate in the development of best management practices to regulate and control emissions from such sources by July 31, 2011.

NR 445.08(5)(5) Determination of hazardous air contaminant emissions and concentrations. For the purpose of determining emissions and concentrations of hazardous air contaminants under this subchapter, the owner or operator of a source:

NR 445.08(5)(a)(a) May rely on information on an approved material safety data sheet if the approved material safety data sheet lists a hazardous air contaminant listed in Table A, B or C of s. NR 445.07 and for each hazardous air contaminant with a standard expressed as an ambient air concentration in column (g) of Table A, B or C constitutes 1% (10,000 parts per million) or more of the material, or for each hazardous air contaminant with a standard expressed as a control requirement in column (i) of Table A, B or C constitutes 0.1% (1,000 parts per million) or more of the material. If an approved material safety data sheet for a material does not list a hazardous air contaminant in Table A, B or C of s. NR 445.07 at or above the amounts listed in this paragraph, the material will be presumed not to result in emissions of a hazardous air contaminant unless a hazardous air contaminant is formed in processing the material.

NR 445.08(5)(b)(b) May rely upon mass balance or other use, consumption and analytical methodologies for calculating potential or theoretical emissions. However, the department may require that a stack test be conducted to affirm the accuracy of emission estimations.

NR 445.08(5)(c)(c) Is not required to consider emissions resulting directly from naturally occurring constituents in windblown soil.

NR 445.08(5)(d)(d) May rely on information generated by either the EPA screening or refined dispersion model to demonstrate either of the following:

NR 445.08 NoteNote: Contact the Permits and Stationary Source Modeling Section of the Bureau of Air Management, 608-266-7718 for additional information regarding procedures and protocols associated with US EPA screening and air dispersion models.

NR 445.08(6)(a)(a) Except as provided for agricultural waste in par. (d), the owner or operator of a source subject to an emission limitation or control requirement in s. NR 445.07 and constructed or last modified on or after July 1, 2004, shall achieve compliance upon startup of the source.

NR 445.08(6)(b)(b) The owner or operator of a source constructed or last modified prior to July 1, 2004, with non-exempt, potential to emit emissions of a hazardous air contaminant less than or equal to the applicable threshold in column (c), (d), (e) or (f) of Table A, B or C of s. NR 445.07 shall maintain records in accordance with s. NR 439.04 (1) and (2) starting no later than June 30, 2007.

NR 445.08(6)(c)(c) Except as provided for agricultural waste in par. (d), the owner or operator of a source constructed or last modified prior to July 1, 2004, with non-exempt, potential to emit emissions of a hazardous air contaminant greater than the applicable threshold in column (c), (d), (e) or (f) of Table A, B or C of s. NR 445.07 or subject to s. NR 445.07 (4) shall do all of the following:

NR 445.08(6)(c)1.1. Submit information no later than December 31, 2005, in accordance with procedure in sub. (7) (a) adequate to describe how applicable control requirements in s. NR 445.07 (1) (c), (2), (3) or (4) or 445.09 (3) will be met.

NR 445.08 NoteNote: Subd. 2. is shown as affected by 2011 Wis. Act 122. Par. (d) 1. and 2. a. and b. were repealed by 2011 Wis. Act 122. On May 24, 2011, the Joint Committee for the Review of Administrative Rules (JCRAR) adopted a motion under s. 227.26 (2) (d), Stats., that suspended s. NR 445.08 (6) (d) 1. and 2. a. and b. in their entirety and (d) 2. (intro.) in part as shown below. Pursuant to s. 227.26 (2) (f), Stats., JCRAR introduced 2011 Assembly Bill 195 and 2011 Senate Bill 138, in support of the JCRAR suspension. 2011 Senate Bill 138 was enacted, effective March 22, 2012, resulting in the repeal of the rules as suspended by the May 24, 2011 JCRAR motion, as provided in s. 227.26 (2) (i), Stats., and creating s. 285.28, Stats., as set forth below.

NR 445.08 NoteNR 445.08 (6) (d) 2. Emissions of hazardous air contaminants associated with agricultural waste from a source constructed or last modified prior to July 31, 2011, are exempt from the requirements in this chapter until July 31, 2011. Subsequently, the owner or operator of the source shall do both of the following if non-exempt, potential to emit emissions of a hazardous air contaminant from agricultural waste are greater than an applicable threshold in column (c), (d), (e) or (f) of Table A of s. NR 445.07:

NR 445.08(7)(7) Compliance demonstration and notification requirements. The owner or operator of any source required to achieve compliance in accordance with the schedule in sub. (6) (c) shall demonstrate compliance by doing the following as applicable:

NR 445.08(7)(a)(a) Submit the information required under sub. (6) (c) 1. on the application form required for an operation permit, an amendment to an application, renewal of the operation permit, or for a significant revision under s. NR 407.13, as applicable.