Compliance requirements

Compliance requirements. (1) Compliance determination. Determination of compliance shall be done while the source is operating under the conditions required by permit or order resulting in the greatest emissions of the hazardous air contaminant, or absent a permit or order, by using the maximum theoretical emissions from the source. (2) Compliance methods. The owner or operator of a source shall achieve compliance with the emission limitations and control requirements in s. NR 445.07 (1) , (2) or (3) for each hazardous air contaminant by doing one or any combination of the following. A source unable to meet the requirements of s. NR 445.07 (6) (a) and (b) may not use par. (a) by itself or in combination with other methods to achieve compliance under this subsection. (a) Limiting non-exempt, potential to emit emissions from the source of each hazardous air contaminant to less than the applicable threshold in column (c), (d), (e) or (f) of Table A, B or C of s. NR 445.07 . (b) Limiting the quantity, concentration or duration of non-exempt, potential to emit emissions from the source of each hazardous air contaminant that has a standard expressed as an ambient air concentration in Table A or B of s. NR 445.07 so that the ambient air concentration off the source property is less than the concentration allowed under column (g) of the table. (c) Limiting the quantity, concentration or duration of non-exempt, potential to emit emissions of each hazardous air contaminant with a control requirement in column (i) of Table A, B or C of s. NR 445.07 having a unit risk factor established by either the EPA or the California air resources board, so as not to cause an ambient air concentration off the source property that results in an inhalation impact greater than 1 x 10 -6 . The inhalation impact is determined by the following equation: (d) Altering the release height or dispersion characteristics of each hazardous air contaminant in Table A, B or C of s. NR 445.07 such that the alteration results in the source’s ability to meet par. (a) , (b) or (c) or sub. (3) (a) 1. or (b) 1. (e) Limiting the concentration of each hazardous air contaminant that has a standard expressed as an ambient air concentration in Table A or B of s. NR 445.07 in the stack to less than the concentration allowed under column (g) of the table for that contaminant. (f) Limiting emissions of the hazardous air contaminant through application of the control requirement identified in column (i) of Table A, B or C of s. NR 445.07 . The control requirement shall be first applied to the emissions unit at the facility that emits the greatest actual annual amount of the hazardous air contaminant. If application of the control requirement to this emissions unit does not reduce facility emissions of the hazardous air contaminant to a level less than the rate listed in column (c), (d), (e) or (f) of Table A, B or C of s. NR 445.07 for the contaminant, the control requirement shall be applied to other emissions units at the facility that emit progressively smaller amounts of the contaminant until emissions from the facility are below the emission rate listed in column (c), (d), (e) or (f) of Table A, B or C of s. NR 445.07 for the contaminant or until the control requirement has been applied to all emissions units at the facility that emit at least 10% of the rate listed in column (c), (d), (e) or (f) of Table A, B or C of s. NR 445.07 for the contaminant. If application of the control requirement to these emissions units does not result in the reduction of at least 50% of the potential emissions of the contaminant from the facility, the department may require application of the control requirement on a reasonable array of smaller emissions units that emit the contaminant. (3) Alternative methods of compliance. (a) The owner or operator of a source may use the following alternative method of complying with any control requirements in s. NR 445.07 (1) (c) , (2) or (3) by doing both of the following: 1. Limiting the quantity, concentration or duration of potential to emit emissions of one or more hazardous air contaminants with a control requirement in column (i) of Table A, B or C of s. NR 445.07 having a unit risk factor established by either the EPA or the California air resources board so as not to cause an ambient air concentration off the source property that results in a cumulative inhalation impact from all of the contaminants greater than 1 x 10 -5 . The cumulative inhalation impact is determined by the following equation: 2. For each hazardous air contaminant with a control requirement in column (i) of Table A, B or C of s. NR 445.07 not having a unit risk factor established by either the EPA or the California air resources board, limiting potential to emit emissions of the contaminant from the facility, including those exempt under s. NR 445.07 (5) , to less than the relevant threshold in column (c), (d), (e) or (f) of Table A, B or C of s. NR 445.07 . (b) The owner or operator of a source may use the following alternative method of complying with any control requirements in s. NR 445.07 (4) by doing both of the following: 1. Limiting the quantity, concentration or duration of potential to emit emissions of one or more hazardous air contaminants with a control requirement in column (i) of Table A, B or C of s. NR 445.07 having a unit risk factor established by either the EPA or the California air resources board, including those exempt under s. NR 445.07 (5) , so as not to cause a cumulative multipathway impact off the source property from all of the contaminants greater than 1 x 10 -5 . 2. For each hazardous air contaminant with a control requirement in column (i) of Table A, B or C of s. NR 445.07 not having a unit risk factor established by either the EPA or the California air resources board, limiting potential to emit emissions of the contaminant from the facility, including those exempt under s. NR 445.07 (5) , to less than the relevant threshold in column (c), (d), (e) or (f) of Table A, B or C of s. NR 445.07 . (4) Enforceable limitations. Any limitation elected under this section shall be placed in a permit or general or special order. (5) Determination of hazardous air contaminant emissions and concentrations. For the purpose of determining emissions and concentrations of hazardous air contaminants under this subchapter, the owner or operator of a source: (a) May rely on information on an approved material safety data sheet if the approved material safety data sheet lists a hazardous air contaminant listed in Table A, B or C of s. NR 445.07 and for each hazardous air contaminant with a standard expressed as an ambient air concentration in column (g) of Table A, B or C constitutes 1% (10,000 parts per million) or more of the material, or for each hazardous air contaminant with a standard expressed as a control requirement in column (i) of Table A, B or C constitutes 0.1% (1,000 parts per million) or more of the material. If an approved material safety data sheet for a material does not list a hazardous air contaminant in Table A, B or C of s. NR 445.07 at or above the amounts listed in this paragraph, the material will be presumed not to result in emissions of a hazardous air contaminant unless a hazardous air contaminant is formed in processing the material. (b) May rely upon mass balance or other use, consumption and analytical methodologies for calculating potential or theoretical emissions. However, the department may require that a stack test be conducted to affirm the accuracy of emission estimations. (c) Is not required to consider emissions resulting directly from naturally occurring constituents in windblown soil. (d) May rely on information generated by either the EPA screening or refined dispersion model to demonstrate either of the following: 1. Concentrations of each hazardous air contaminant will not exceed the ambient standard in column (g) of Table A or B of s. NR 445.07 . 2. The source meets the provisions of sub. (2) (c) , (3) (a) 1. or (b) 1. (6) Compliance deadlines, recordkeeping and reporting requirements. (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. (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. (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: 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. 2. Achieve compliance with applicable emission limitations and control requirements in accordance with subs. (1) and (2) no later than June 30, 2007. 3. Submit the required information in accordance with sub. (7) . (d) 2. Emissions of hazardous air contaminants associated with agricultural waste are exempt from the requirements in this chapter. (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: (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. (b) For all sources, submit all of the following information to the department: 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. 2. The emission limitation applicable to each hazardous air contaminant identified under subd. 1. 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. 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.