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Small Business Clean Air Assistance
Program
Air Toxics or Hazardous Air Pollutants
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/
*, and you'll want to
download the SCREEN3
model at the bottom of the list, which is in a Windows based zip file.
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.
Status
of Area Source Rules
EPA
started
issuing rules for area source categories in December 2006. As
of March 2008 there have been 20 area source
rules issued and there are 30 rules remaining to be issued.
They
will be issued in 3 bins that include 10 categories every six months
through June 2009.
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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The
following categories have final rules
in place (sorted by most recent effective date):
10/29/09
6/25/09
- Aluminum, Copper, and other Nonferrous Foundries (US EPA Rule, EPA tools: in development)
12/23/08
7/23/08
7/1/08
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
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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