NR 445.11(1)(b)1.1. The substance is listed on an approved material safety data sheet or is otherwise brought into the facility. NR 445.11(1)(b)2.2. The substance is reasonably expected to be created at the facility through a combustion process or manufacturing process, or through the treatment of raw materials or waste. NR 445.11 NoteNote: The department will develop a list of the hazardous air contaminants it has determined to be potentially emitted from the processes listed in sub. (1) (a) 2. to 5. This list may be obtained by calling the Environmental Analysis and Outreach Section of the Bureau of Air Management at 608-266-7718.
NR 445.11(3)(3) The owner or operator of a facility meeting the criteria in sub. (1) (b) shall meet the applicable requirements in s. NR 445.07 (1) for any hazardous air contaminants listed in Table A of s. NR 445.07. NR 445.11(4)(4) The owner or operator subject to sub. (2) or (3) shall do both of the following: NR 445.11 NoteNote: Owners and operators of sources affected by this section should refer to chs. NR 406, 407 and 438 to determine whether there are applicable requirements in those chapters for hazardous air contaminants identified under this section. NR 445.11 HistoryHistory: CR 02-097: cr. Register June 2004 No. 582, eff. 7-1-04; CR 07-076: am. Tables D and E Register July 2008 No. 631, eff. 8-1-08; reprinted to insert line numbers per CR 07-076 Register August 2008 No. 632. NR 445.12(1)(1) Criteria for approval. The owner or operator of a source subject to this chapter may apply for and the department may approve a variance from any of the provisions identified in pars. (a) and (b) if the applicant demonstrates to the satisfaction of the department that applicable provisions are met as follows: NR 445.12(1)(a)1.1. Compliance with the LAER control requirement for which the variance has been requested would be economically infeasible. NR 445.12(1)(a)2.2. Residual emissions of the hazardous air contaminant in question would not cause significant harm to the environment or public health. NR 445.12(1)(a)3.3. The source’s emissions would be controlled to a level that is the best available control technology. NR 445.12(1)(b)(b) An applicant for a variance from the emission limitation of s. NR 445.07 (1) (a) for a contaminant having a standard based on an annual time period shall demonstrate all of the following to the satisfaction of the department: NR 445.12(1)(b)1.1. All direct or portable sources owned or operated in the state by the owner or operator of the air contaminant source for which a variance is requested are in, or are on a schedule for, compliance with all other applicable requirements of chs. NR 400 to 499. NR 445.12(1)(b)2.2. The emission limitation from which variance is sought is technologically or economically infeasible to meet due to conditions or special circumstances at the source, including adverse environmental or energy impacts. NR 445.12(1)(b)3.3. Residual emissions of the hazardous air contaminant would not cause significant harm to public health. NR 445.12(1)(b)4.4. Good faith efforts have been made to comply with s. NR 445.07 (1) (a) and all reasonably available alternative operating procedures and interim control measures to minimize emissions of the hazardous air contaminant will be utilized during the duration of the variance.
