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IMPORTANT: As of July 1st, 2011, functions once performed by the Wisconsin Department of Commerce have been moved to other state agencies and the Wisconsin Economic Development Corporation. The former Commerce web site will continue to exist for the next several months as resources are moved to new web site locations. We will make every attempt possible to direct our users to the new locations as web resources are moved.
Small Business Clean Air Assistance
Program
Air Toxics or Hazardous Air Pollutants
Important note! The Small Business Clean Air Assistance Program is moving. Beginning July 1, 2011, the SBCAAP will be located in Wisconsin's Department of Natural Resources. For the new address and phone numbers, see the Contact Information at the bottom of our program home page.
Both US Environmental Protection
Agency (EPA)
and Wisconsin Department of Natural Resources (DNR) have regulations
affecting emissions of air toxics, which are also called hazardous air
pollutants. The regulations created by each agency are very
different in the way they apply to businesses. There is a
provision in the DNR regulation that where a business has to reduce
emissions of certain hazardous air pollutants (HAPs) under EPA's rules,
then
that business does not have to apply DNR's regulations to those same
hazardous air pollutants. Because the DNR and EPA do not
regulate
the exact same hazardous air pollutants, you should review both sets of
rules to see whether they affect your business.
State
Regulations
Chapter NR 445, the State Hazardous Air Pollutant Rule
NR 445 (Hazardous Air Pollutant Rule)
revisions became
final July 2004. As of July 1, 2004, new
sources
(including modified sources) were to be in compliance with the new rule
upon startup of the new or modified processes. Existing sources had
until July 1, 2007 to comply with
the rule. Information on the rule and how it might apply to a
company can be found on the Air
Toxics web
page
*.
Under the revised rule, there is an option to use a simple
computer
model to show a facility can meet the rule and avoid submitting a lot
of paperwork to DNR. SCREEN3 is the name of the simple computer program
that can be used as a tool to see if you may already be in compliance
with the hazardous air pollutant rule. There are detailed instructions
you will need to use this program, but the program itself is a very
small and self-contained program that you install on your own hard
drive. The modeling program can be found on EPA's website at www.epa.gov/ttn/scram/
disperson_screening.htm
*, and you'll want to
download the SCREEN3
model.
For
further information
about this requirement, you may also contact:
Federal Regulations
The EPA is required under
s.
112, Clean Air Act, to write rules called MACT (Maximum Achievable
Control Technology) standards as part of their National Emissions
Standards for Hazardous Air Pollutants program. The MACT
standards are generally applied to major sources.
In
the next couple years Area Source rules for National Emission Standards
for Hazardous Air Pollutants will also be developed. These
rules may use MACT standards or GACT (Generally Achieveable Control
Technology) depending on factors related to the ability of the smaller
sources to install controls or whether best management practices are
used.
Status
of MACT Rules
All MACT rules are final and many sources should be in
compliance at this time. Check EPA's
Air Toxics website for detailed information about
all the MACT rules issued by EPA.
EPA has been order to complete Residual Risk evaluations of
existing
NESHAPs over the next couple years, so changes may affect older rules
soon. Those changes will be posted here as well.
Status
of Area Source Rules
EPA
started
issuing rules for area source categories in December 2006. As
of June 2010 the area source
rules are nearly complete. One remaining category is in
negotiations: brick and
clay
manufacturing.
Copies
of proposed and final rules are found in the Rules/Notices
Table on EPA's Area Source Rule Page.
If no links are included below for a rule, you may
find implementation
tools and example forms provided for these rules as they are
developed on EPA's Area Source Rule Page
in the Tables titled Implementation
Tools and Initial Notification Examples.
All
Notifications
for these rules should be sent to both of the following addresses.
It's recommended you use certified mail or similar service to
ensure the form was
received.
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1.
Wisconsin DNR at:
MACT Notifications
WDNR
Air Program - AM/7
PO Box 7921
Madison, WI 53707-7921
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2.
EPA Region 5
at:
George
Czerniak, Branch Chief
US EPA - Region 5
Air
Enforcement and Compliance Assurance Branch - AE-17J
77 West
Jackson Blvd
Chicago, IL 60604
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Important
Deadlines
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Category/Industry
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Notification/Compliance
Deadline
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NOTE:
Generally, new facilities under any of the rule
categories must comply on or before the date the rule is final
or
immediately upon startup, and submit notifications 120-180 days,
sometimes less, after the final rule date or following start
up.
Check the rule information that follows this table for more
details.
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| Chemical Manufacturing |
Initial Notification: 120
days after rule (February 26, 2010)
Compliance: October 29, 2012
Notification of Compliance Status: 60 days after compliance
deadline or completion of performance test (if required), whichever is
sooner (December 28, 2012?) |
| Metal Fabrication and Finishing
Operations (Nine Listed
Operations) |
Initial Notification: July
25, 2011
Compliance: July 25, 2011
Notification of Compliance Status: November 22, 2011 |
| Paints and Allied Product
Manufacturing |
Initial Notification: June 1, 2010
Compliance: December 3, 2012
Notification of Compliance Status: June 3, 2013 |
| Prepared Feeds Manufacturing |
Initial Notification: May 5, 2010
Compliance: January 5, 2012
Notification of Compliance Status: May 4, 2012 |
Final Rule Information (sorted by most recent effective date):
3/21/2011 FINAL
- Combustion related rules (Commercial, Industrial,
Institutional Boilers and Process Heaters; Solid Waste Incinerators)
Final Rules (USEPA Page)
3/3/10
1/5/2010
12/30/2009
- Chemical Preparations (US EPA Rule, EPA brochure/summary)
12/3/2009
12/2/2009
- Asphalt Processing and Roofing Manufacturing (US EPA Rule, EPA brochure/summary)
10/29/09
6/25/09
12/23/08
7/23/08
- Nine
Metal Fabrication and Finishing Source Categories
-
US
EPA rule
- EPA tools:
- EPA's Response to Questions on
the
rule.
- WI Mailing - April 4, 2011
- WI initial notification form (Word,
PDF) DUE: July
25, 2011
- Letter to affected sources (PDF)
- WI Notification of Compliance Status Form (Word,
PDF) DUE: November 22,
2011
-
NOTE:
Print and submit Notification of Compliance Status form any time before
Nov. 22.
We will NOT be mailing this to you.
7/1/08
- Plating
and Polishing Operations
NOTE:
EPA has clarifed due dates for compliance reporting in their
brochure. The annual reporting required by January
31st does NOT start until AFTER the compliance deadline of July 1,
2010, or January 31st, 2011. You prepare the report each year
after that but do not submit anything unless you have deviated from the
rule requirements.
1/10/08
-
EPA published amendments to the rule on January
24, 2011.
Among
other changes, EPA clarifed the deadline for compliance
reporting;
for existing facilities, Notification of Compliance Status forms are
now due March 11, 2011.
- Gasoline
Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities
(notification
cover letter, notification
form, EPA fact sheet)
- Gasoline
Dispensing Facilities (notification cover letter,
initial
notification
form (due May 9, 2008), notification
of compliance status form (now due March 11, 2011), EPA
fact
sheet)
- Full text of the US EPA regulations:
1/9/08
- Paint
Stripping and Miscellaneous Surface Coating Operations, including
Autobody Repair and Refinishing shops:
1/2/08
12/28/07
- Electric
Arc Furnace Steelmaking Facilities (US EPA rule,
NOTE: amendments published as a direct final rule on Dec. 1, 2008 were
withdrawn Feb. 26, 2009; EPA will address adverse comments
and
publish a final rule later.)
12/26/07
- Clay
Ceramics Manufacturing
- Glass Manufacturing
- Secondary
Nonferrous Metals Processing
-
US
EPA Rule for all 3 categories
7/16/07
- Acrylic
and Modacrylic Fibers Production
- Carbon Black
Production
- Chemical Manufacturing: Chromium
Compounds
- Flexible Polyurethane Foam Production and
Fabrication
- Lead Acid Battery Manufacturing
- Wood
Preserving
-
US
EPA Rule for all categories
1/23/07
- Polyvinyl
Chloride and Copolymers Production
- Primary Copper
Smelting
- Secondary Copper Smelting
- Primary
Nonferrous Metals-- Zinc, Cadmium, and Beryllium
-
US
EPA Rule for all categories
There
are also tools and example forms from other states available at the Small Business Environmental New Rule
Implementation web site.
Send
an email to COMCleanAir@Wisconsin.gov
with questions or comments about the SBCAAP web pages.
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