NR 445.06(1)(1) An owner or operator of a facility shall be deemed to be in compliance with this subchapter and the requirements in chs. NR 406, 407 and 438 listed in this subsection for any hazardous air contaminant listed in Table A, B or C of s. NR 445.07 if the owner or operator identifies the contaminant through due diligence and determines that the emissions of the identified contaminant are below the applicable regulatory threshold in this chapter or otherwise exempt from regulation, or the facility is meeting the applicable provisions in this subchapter. The requirements from chs. NR 406, 407 and 438 are the following:

NR 445.06(2)(2) The owner or operator will not be deemed to be out of compliance with this subchapter or with the provisions identified in sub. (1) (a) to (e) for any hazardous air contaminant listed in Table A, B or C of s. NR 445.07 for the period of time prior to either of the determinations in par. (a) or (b) being made if the determination is submitted in writing to the department within 21 calendar days, and no later than 90 calendar days after the determination, the owner or operator certifies that the facility is in compliance with all applicable requirements for the hazardous air contaminant. The department may, in writing, extend the 90 calendar days for achieving compliance. The determinations are as follows:

NR 445.06(2)(a)(a) That a hazardous air contaminant that was not previously identified through due diligence is later determined to be emitted from the facility in an amount greater than the applicable emission threshold in any of the following:

NR 445.06(2)(b)(b) That a hazardous air contaminant previously identified and quantified is determined to be emitted in a greater amount, and that amount is greater than the applicable emission threshold for any of the provisions identified in par. (a) 1. to 5.

NR 445.06(3)(3) Notwithstanding sub. (2), the department retains the authority to order the owner or operator to achieve compliance with applicable requirements within a specific time period shorter than the 90 calendar days whenever compliance in the shorter period of time is feasible and necessary to protect public health and the environment.

NR 445.06 NoteNote: The address for submittal of information and requests for an extension from the deadline in sub. (2) is:
Wisconsin Department of Natural Resources
Bureau of Air Management
PO Box 7921
Madison WI 53707-7921
Attention: NR 445 Safe Harbor Determinations.

NR 445.07(1)(1) All sources of hazardous air contaminants. Except as provided in sub. (5), the following requirements apply:

NR 445.07(1)(a)(a) No owner or operator of a source may cause, allow or permit emissions of a hazardous air contaminant listed in Table A in such quantity or concentration or for such duration as to cause an ambient air concentration of the contaminant off the source property that exceeds the concentration in column (g) of Table A for the contaminant.

NR 445.07 NoteNote: Owners and operators of facilities emitting less than 3 tons of volatile organic compounds and 5 tons particulate matter on an annual basis, or who engage in limited or no manufacturing activities, should refer to s. NR 445.11 prior to determining applicable requirements under this section.

NR 445.07(1)(b)(b) The owner or operator of a source may request approval of an alternative to the emission limitation in par. (a). The alternative emission limitation is 10% of the threshold limit value - time weighted average established by the American Conference of Governmental Industrial Hygienists, in the Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices for 2000, incorporated by reference in s. NR 484.11 (2) (c), for any contaminant with a 24-hour averaging period in column (h) of Table A. The department may approve the alternative emission limitation if both of the following criteria are met:

NR 445.07(1)(c)(c) The owner or operator of a source that emits a hazardous air contaminant for which a control requirement is identified in column (i) of Table A in a quantity greater than the amount listed in column (c), (d), (e) or (f) of Table A for the contaminant shall control emissions of the contaminant to the level identified in column (i) of the table. The control requirement shall be applied according to the procedure in s. NR 445.08 (2) (f).

NR 445.07(2)(2) Sources of hazardous air contaminants from the manufacture or treatment of pesticides, rodenticides, insecticides, herbicides or fungicides. Except as provided in sub. (5) (c) and (d), in addition to the requirements of sub. (1), the owner or operator of a source that manufactures or treats pesticides, rodenticides, insecticides, herbicides or fungicides may not cause, allow or permit emissions of a hazardous air contaminant listed in Table B in a quantity or concentration or for a duration as to cause an ambient air concentration off the source property that exceeds the concentration in column (g) of Table B for the contaminant. For any hazardous air contaminant for which a control requirement is identified in column (i) of Table B that is emitted in an amount greater than the amount listed in column (c), (d), (e) or (f) of Table B for the contaminant, the owner or operator shall control emissions of the contaminant to the level identified in column (i) of the table. The control requirement shall be applied according to the procedure in s. NR 445.08 (2) (f).

NR 445.07(3)(3) Sources of hazardous air contaminants from the manufacture or treatment of pharmaceuticals. Except as provided in sub. (5) (c) and (d), in addition to meeting the requirements of sub. (1), the owner or operator of a source that manufactures or treats pharmaceuticals and that emits a hazardous air contaminant for which a control requirement is identified in column (i) of Table C in an amount greater than the amount listed in column (c), (d), (e) or (f) of Table C for the contaminant shall control emissions of the contaminant to the level identified in column (i) of the table. The control requirement shall be applied according to the procedure in s. NR 445.08 (2) (f).