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(6)(c)2.2. Achieve compliance with applicable emission limitations and control requirements in accordance with subs. (1) and (2) no later than June 30, 2007.

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 a. and b. were repealed by 2011 Wis.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 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(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.

NR 445.08(7)(b)1.1. The hazardous air contaminants in Table A, B and C of s. NR 445.07 the facility is capable of emitting in an amount greater than the threshold value listed for the contaminant in the applicable table.

NR 445.08(7)(b)3.3. The method or combination of methods used for achieving compliance under sub. (2) or (3) with the applicable standard for each hazardous air contaminant.

NR 445.08(7)(b)4.4. A description of the records that will be kept on site to verify continuous compliance for each hazardous air contaminant with its applicable standard.

NR 445.08(7)(b)5.5. A signed and dated statement by the responsible official stating that the information is accurate to the best of his or her knowledge and belief, and that all of the requirements of this subchapter have been met.

NR 445.08 NoteNote: Application forms for par. (a) may be obtained from, and submitted to, the regional offices and service centers of the department or:

NR 445.08(8)(8) Department review. The department shall review information submitted to comply with sub. (6) (c) 1. to determine whether to approve, conditionally approve or disapprove the source’s method to meet applicable control requirements.