Note: The mailing address of the Division of Hearings and Appeals is P.O. Box 7875, Madison, Wisconsin 53707.
Fiscal Estimate
These amendments to ch. HSS 70 will not affect the expenditures or revenues of state government or local governments. The rulemaking order amends ch. HSS 70 to increase the minimum size of a group home eligible for a loan from 4 to 6 residents. This brings the rules into conformity with a change made in s. 46.976(2), Stats., by 1995 Wisconsin Act 27. The order also makes two changes in ch. HSS 70 in the names of state government organizations that were changed in the state executive reorganization effective July 1, 1996.
Initial Regulatory Flexibility Analysis
These amendments to ch. HSS 70 will not affect small businesses as defined in s. 227.114(1)(a), Stats. Only non-profit organizations may apply for the loans that are made available under the rules.
Notice of Proposed Rule
Natural Resources
(Environmental Protection--
Air Pollution Control, Chs. NR 400--)
Notice is hereby given that pursuant to ss. 227.11 (2) (a), 285.11 (1), 285.13, 285.27 (2) and 285.65, Stats., and interpreting s. 285.27 (2), Stats., and according to the procedure set forth in s. 227.16 (2) (e), Stats., the State of Wisconsin Natural Resources Board will adopt the following rule, amended and created as herein proposed, without public hearing thereon unless, within 30 days after publication of this notice on March 15, 1997, it is petitioned for a public hearing by 25 persons who will be affected by the rule, a municipality which will be affected by the rule, or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rules will have an effect on small business.
Analysis Prepared by the Dept. of Natural Resources
This proposed order would incorporate into state rules the National Emission Standards for Hazardous Air Pollutants (NESHAPs) (also referred to as Maximum Available Control Technology [MACT] standards) for chromium electroplating and anodizing operations. The federal standard limits the chromium compound emissions from existing and new hard chromium electroplating, decorative chromium electroplating, and chromium anodizing tanks at major and area sources. Chromium compound emissions are also regulated under existing provisions in ch. NR 445, Tables 1, 3 and 4.
The proposed ch. NR 463 is identical to the federal rule in 40 CFR part 63, Subpart N, with the following exceptions:
1. The Department will use the existing ch. NR 406 construction permit process and the existing ch. NR 407 operation permit process in place of a similar process established in the federal rule.
2. The federal rule requires all affected hard chromium electroplating sources and all affected major decorative chromium sources and all affected major chromium anodizing sources to apply for federal operating permits. The federal rule allows Wisconsin to defer the application submission deadline for those sources for up to 5 years from the date of promulgation of the federal chromium MACT standard. This proposed order does not use the entire 5 year deferral period, because s. NR 407.04 (1) (a) already requires those sources to submit permit applications to the Department between July 1997 and November 1998, the exact date depending on the county in which a particular source is located. This change will not require affected sources to meet the federal requirements earlier than the dates listed in the federal MACT standard.
3. In order to simplify the rule and its relationship to other requirements, the following federal MACT standard provisions were placed in rules other than the proposed ch. NR 463, because those rules were deemed more appropriate locations:
a) Operating permit requirements are included in ch. NR 407 (Operation Permits).
b) The EPA test method for determining the concentration of chromium compounds emitted to the ambient air are incorporated by reference in s. NR 484.04.
c) California Air Resources Board (CARB) Method 425, found in 40 CFR 63.344 (c) (2), was not included as one of the performance test methods listed in s. NR 463.09 and incorporated by reference in ch. NR 484. This test method is an optional test method and as such is covered under s. NR 463.09 (3) (c) where the Department approves any alternative test method used for performance testing.
d) The table that lists general provisions applicability is in ch. NR 460 Appendix N.
4. The initial notification requirement for existing sources is not included. The federal MACT standard required those sources to notify EPA or the Department that they are affected by July 23, 1995. Through trade shows, published articles, and a mass mailing, air program staff identified 150 sources that are affected by the federal standard. Thus, the Department feels that it is unnecessary to include this retroactive reporting requirement in this proposed rule.
5. Punctuation, capitalization, numbering, and minor word changes were made to accommodate the state rule form and style. The federal format was retained as allowed under s. 227.14 (1m) (b), Stats.
6. The word “department” replaces “Administrator” where appropriate.
Text of Rule
SECTION 1. NR 400.03 (4) (ke) is created to read:
NR 400.03 (4) (ke) OSHA - United States occupational safety and health administration
NR 406.04 (1) (rm) Chromium electroplating area sources and chromium anodizing area sources as defined in s. NR 460.02 (5).
NR 407.02 (6) (b) 7. Chromium electroplating and chromium anodizing area sources as defined in s. NR 460.02 (5).
NR 407.03 (1) (km) Chromium electroplating and chromium anodizing operations which are not major sources or located at major sources and which are any of the following:
1. Any decorative chromium electroplating operation or chromium anodizing operation that uses fume suppressants as an emission reduction technology.
2. Any decorative chromium electroplating operation that uses a trivalent chromium bath that incorporates a wetting agent as a bath ingredient.
NR 407.04 (1) INITIAL FILING DATES. The owner or operator of an air contaminant source which is not exempt under s. 285.60 (5), Stats., or s. NR 407.03 shall submit an operation permit application on application forms available from the department by the following dates, except as provided under subs. (3) to (5)
(6).
NR 407.04 (6) CHROMIUM ELECTROPLATING AND CHROMIUM ANODIZING OPERATIONS. Notwithstanding sub. (1), the owner or operator of any facility which does hard or decorative chromium electroplating as defined in s. NR 463.02 (18) and (10) or chromium anodizing as defined in s. NR 463.02 (7) that is not a major source or located at a major source, is not required to obtain a construction permit under ch. NR 406, and on which construction commenced prior to the effective date of this subsection.... [revisor inserts date], shall submit an operation permit application for a part 70 source, on application forms available from the department, by the date that an operation permit application for a non-part 70 source would be due for that source under the schedule in Table 1.
SECTION 7. NR 439.07 (4) is amended to read:
NR 439.07 (4) NOTIFICATION OF TEST PLAN REVISION. The source owner or operator shall notify the department of any modifications to the test plan at least 5 business days prior to the test. In the event the owner or operator is unable to conduct the compliance emission test on the date specified in the test plan, due to unforeseeable circumstances beyond the owner or operator's control, the owner or operator shall notify the department within 5 business days prior to the scheduled compliance emission test date and specify the date when the test is rescheduled.
SECTION 8. NR 460 Appendix N is created to read:
Chapter NR 460
APPENDIX N
GENERAL PROVISIONS APPLICABILITY TO CHAPTER NR 463
General Provisions Reference
|
Applies to Chapter NR 463?
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Comment
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NR 439.07(2) (cited in s. NR 460.06(2))
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No
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Section NR 463.12(4) requires notification prior to the performance test. Section NR 463.09(1) requires submission of a site-specific test plan upon request.
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NR 439.07(3)
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Yes
|
|
NR 439.07(4)
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Yes
|
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NR 439.07(6)(a)
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No
|
Section NR 463.09(1) specifies what the test plan should contain, but does not require test plan approval or performance audit samples.
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NR 439.07(6) (intro.) and (b) to (d)
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Yes
|
|
NR 460.01(1)(a)
|
Yes
|
Chapter NR 463 and this appendix clarify the applicability of each paragraph in ch. NR 460 to sources subject to ch. NR 463.
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NR 460.02
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Yes
|
Additional terms are defined in s. NR 463.02; when overlap between ss. NR 460.02 and 463.02 occurs, s. NR 463.02 takes precedence.
|
NR 460.03
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Yes
|
Other units used in ch. NR 463 are defined in that chapter.
|
NR 460.04
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Yes
|
|
NR 460.05(1)
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Yes
|
|
NR 460.05(2)(a)-(b)
|
Yes
|
Except replace “source” with “affected source.”
|
NR 460.05(2)(c)-(d)
|
Yes
|
|
NR 460.05(2)(e)
|
Yes
|
Except replace “source” with “affected source.”
|
NR 460.05(2)(f)
|
No
|
Provisions for new area sources that become major sources are contained in s. NR 463.06(1)(d).
|
NR 460.05(3)(a)-(b)
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Yes
|
Except replace “source” with “affected source.”
|
NR 460.05(3)(c)
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No
|
Compliance provisions for existing area sources that become major sources are contained in s. NR 463.06(1)(c).
|
NR 460.05(4)
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No
|
Section NR 463.05 contains work practice standards (operation and maintenance requirements) that override these provisions.
|
NR 460.05(5)
|
No
|
Section NR 463.04(2) specifies when the standards apply.
|
NR 460.05(6)
|
No
|
Chapter NR 463 does not contain any opacity or visible emission standards.
|
NR 460.05(7)(a)
|
Yes
|
|
NR 460.05(7)(b)
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Yes
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Except replace “source” with “affected source.”
|
NR 460.05(7)(c)1.
|
No
|
Section NR 463.06(2) specifies the procedures for obtaining a compliance date extension and the date by which such requests must be submitted.
|
NR 460.05(7)(c)2.
|
Yes
|
|
NR 460.05(7)(d)
|
Yes
|
|
NR 460.05(7)(e)1.
|
Yes
|
This subdivision only references s. NR 460.05(7)(c) for compliance date extension provisions. But, s. NR 463.06(2) also contains provisions for requesting a compliance date extension.
|
NR 460.05(7)(e)2.
|
Yes
|
|
NR 460.05(7)(f)
|
Yes
|
|
NR 460.05(7)(g)
|
Yes
|
This paragraph only references ss. NR 460.05(7)(c) to (e) for compliance date extension provisions, but s. NR 463.06(2) also contains provisions for requesting a compliance date extension.
|
NR 460.05(7)(h)1.-4.
|
Yes
|
|
NR 460.05(7)(h)5.a.
|
Yes
|
This subdivision paragraph only references s. NR 460.05(7)(c) for compliance date extension provisions. But, s. NR 463.06(2) also contains provisions for requesting a compliance date extension.
|
NR 460.05(7)(h)5.b.
|
Yes
|
|
NR 460.05(7)(i)
|
Yes
|
|
NR 460.05(7)(j)1.
|
Yes
|
This subdivision only references s. NR 460.05(7)(c)1. or (d) for compliance date extension provisions. But, s. NR 463.06(2) also contains provisions for requesting a compliance date extension.
|
NR 460.05(7)(j)2.-3.
|
Yes
|
|
NR 460.05(7)(k)
|
Yes
|
|
NR 460.05(7)(L)
|
Yes
|
|
NR 460.06(1)(a)
|
Yes
|
|
NR 460.06(1)(b)
|
Yes
|
|
NR 460.06(2)
|
See NR 439.07
|
|
NR 460.06(3)
|
Yes
|
Except replace “source” with “affected source.”
|
NR 460.06(4)
|
Yes
|
Chapter NR 463 also contains test methods specific to affected sources covered by that chapter.
|
NR 460.06(5)
|
Yes
|
|
NR 460.06(6)(a)
|
No
|
Chapter NR 463 identifies the items to be reported in the compliance test (s. NR 463.09(1)) and the timeframe for submitting the results (s. NR 463.12(6)).
|
NR 460.06(6)(b)
|
Yes
|
|
NR 460.06(7)(a)-(b)
|
Yes
|
|
NR 460.06(7)(c)1.
|
Yes
|
This subdivision only references s. NR 460.05(7) for compliance date extension provisions. But, s. NR 463.06(2) also contains provisions for requesting a compliance date extension.
|
NR 460.06(7)(c)2.-3.
|
Yes
|
|
NR 460.06(7)(d)-(e)
|
Yes
|
|
NR 460.07(1)(a)
|
Yes
|
|
NR 460.07(1)(b)
|
No
|
Work practice standards are contained in s. NR 463.05.
|
NR 460.07(1)(c)
|
No
|
|
NR 460.07(2)(a)
|
Yes
|
|
NR 460.07(2)(b)
|
No
|
Section NR 463.09(4) specifies the monitoring location when there are multiple sources.
|
NR 460.07(2)(c)
|
No
|
Section NR 463.12(7)(d) identifies reporting requirements when multiple monitors are used.
|
NR 460.07(3)(a)1.
|
No
|
Chapter NR 463 requires proper maintenance of monitoring devices expected to be used by sources subject to ch. NR 463.
|
NR 460.07(3)(a)2.
|
No
|
Section NR 463.05(2)(d) specifies reporting when the operation and maintenance plan is not followed.
|
NR 460.07(3)(a)3.
|
No
|
Section NR 463.05(1) identifies the criteria for whether operation and maintenance procedures are acceptable.
|
NR 460.07(3)(b)-(c)
|
No
|
Section NR 463.09(4)(b) requires appropriate use of monitoring devices.
|
NR 460.07(3)(d)-(g)
|
No
|
|
NR 460.07(4)
|
No
|
Maintenance of monitoring devices is required by ss. NR 463.05 and 463.09(4)(b).
|
NR 460.07(5)
|
No
|
There are no performance evaluation procedures for the monitoring devices expected to be used to comply with ch. NR 463.
|
NR 460.07(6)(a)
|
No
|
Instances in which the department may approve alternatives to the monitoring methods and procedures are contained in s. NR 463.07(8).
|
NR 460.07(6)(b)
|
Yes
|
|
NR 460.07(6)(c)
|
Yes
|
|
NR 460.07(6)(d)
|
Yes
|
|
NR 460.07(6)(e)
|
No
|
Chapter NR 463 does not require the use of CEM's.
|
NR 460.07(7)
|
No
|
Monitoring data does not need to be reduced for reporting purposes because ch. NR 463 requires measurement once/day.
|
NR 460.08(1)
|
Yes
|
|
NR 460.08(2)(a)1.-2.
|
No
|
Section NR 463.06(1)(c) requires area sources to comply with major source provisions if an increase in HAP emissions causes them to become major sources.
|
NR 460.08(2)(a)3.
|
No
|
Section NR 463.12(3)(b) specifies initial notification requirements for new or reconstructed affected sources.
|
NR 460.08(2)(b)
|
No
|
Section NR 463.12(3)(a) specifies the information to be contained in the initial notification.
|
NR 460.08(2)(c)
|
No
|
Section NR 463.12(3)(b) specifies notification requirements for new or reconstructed sources that are not major affected sources.
|
NR 460.08(2)(d)
|
No
|
|
NR 460.08(2)(e)
|
No
|
|
NR 460.08(3)
|
Yes
|
This subsection only references s. NR 460.05(7)(c) to (e) for compliance date extension provisions. But, s. NR 463.06(2) also contains provisions for requesting a compliance date extension. Chapter NR 463 provides a different timeframe for submitting the request than s. NR 460.05(7)(c).
|
NR 460.08(4)
|
Yes
|
This subsection only references the notification dates established in s. NR 460.08(2). But, s. NR 463.12 also contains notification dates.
|
NR 460.08(5)
|
No
|
Notification of performance test is required by s. NR 463.12(4).
|
NR 460.08(6)
|
No
|
|
NR 460.08(7)
|
No
|
Chapter NR 463 does not require a performance evaluation or relative accuracy test for monitoring devices.
|
NR 460.08(8)(a)-(c)
|
No
|
Section NR 463.12(5) specifies information to be contained in the notification of compliance status and the timeframe for submitting this information.
|
NR 460.08(8)(d)
|
No
|
Similar language has been incorporated into s. NR 463.12(4)(b)3.
|
NR 460.08(8)(e)
|
Yes
|
|
NR 460.08(9)
|
Yes
|
|
NR 460.08(10)
|
Yes
|
|
NR 460.09(1)
|
Yes
|
|
NR 460.09(2)(a)
|
Yes
|
|
NR 460.09(2)(b)
|
No
|
Section NR 463.11(2) specifies the records that must be maintained.
|
NR 460.09(2)(c)
|
No
|
Chapter NR 463 applies to major and area sources.
|
NR 460.09(3)(a)
|
No
|
Applicable requirements of s. NR 460.09(3)(a) have been incorporated into s. NR 463.11(2).
|
NR 460.09(4)(a)
|
Yes
|
|
NR 460.09(4)(b)
|
No
|
Section NR 463.12(6) specifies the timeframe for reporting performance test results.
|
NR 460.09(4)(c)
|
No
|
Chapter NR 463 does not contain opacity or visible emissions standards.
|
NR 460.09(4)(d)
|
Yes
|
|
NR 460.09(4)(e)
|
No
|
Sections NR 463.05(2)(d) and 463.12(7)(c) specify reporting associated with malfunctions.
|
NR 460.09(5)
|
No
|
Section NR 463.12(7) and (8) specifies the frequency of periodic reports of monitoring data used to establish compliance. Applicable requirements of s. NR 460.09(5) have been incorporated into subs. (7) and (8).
|
NR 460.09(6)
|
Yes
|
|
NR 460.10
|
No
|
Flares are not a control option for complying with the emission limits under ch. NR 463.
|
Chapter NR 463
CHROMIUM EMISSIONS FROM HARD AND
DECORATIVE CHROMIUM ELECTROPLATING
AND CHROMIUM ANODIZING TANKS
NR 463.01 Applicability and designation of sources; purpose
NR 463.02 Definitions
NR 463.03 Nomenclature
NR 463.04 Emission limits
NR 463.05 Operation and maintenance practices
NR 463.06 Compliance provisions
NR 463.07 Monitoring to demonstrate continuous compliance
NR 463.08 Alternative control devices
NR 463.09 Performance test requirements and test methods
NR 463.10 Preconstruction review requirements for new and
reconstructed sources
NR 463.11 Recordkeeping requirements
NR 463.12 Reporting requirements
NR 463.01 Applicability and designation of sources; purpose. (1) APPLICABILITY. This chapter applies to the owners and operators of hard chromium electroplating tanks, decorative chromium electroplating tanks and chromium anodizing tanks.
(a) The affected source to which this chapter applies is each chromium electroplating or chromium anodizing tank at facilities performing hard chromium electroplating, decorative chromium electroplating or chromium anodizing.
(b) Owners or operators of affected sources subject to this chapter are also subject to the requirements of ch. NR 460, according to the applicability of ch. NR 460 to these sources as identified in Appendix N of ch. NR 460.
(c) Process tanks associated with a chromium electroplating or chromium anodizing process, but in which neither chromium electroplating nor chromium anodizing takes place, are not subject to this chapter. Examples of these tanks include, but are not limited to, rinse tanks, etching tanks and cleaning tanks. Likewise, tanks that contain a chromium solution, but in which no electrolytic process occurs, are not subject to this chapter. An example of such a tank is a chrome conversion coating tank where no electrical current is applied.
(d) Affected sources in which research and laboratory operations are performed are exempt from this chapter when these operations are taking place.
(e) An owner or operator of any affected source subject to this chapter which is not exempt under s. NR 407.03 (1) (km) is subject to part 70 permit requirements under ch. NR 407.
(2) PURPOSE. This chapter is adopted under ss. 285.11, 285.13, 285.27 (2) and 285.65, Stats., to establish emission standards for hard chromium electroplating tanks, decorative chromium electroplating tanks, and chromium anodizing tanks in order to protect air quality.
Note: This chapter is based on the federal regulations contained in 40 CFR part 63 Subpart N, created January 25, 1995, as last revised on June 3, 1996.
NR 463.02 Definitions. For terms not defined in this section, the definitions contained in chs. NR 400 and 460 apply to the terms used in this chapter, with definitions in ch. NR 460 taking priority over definitions in ch. NR 400. In addition, the definitions in this section apply to the terms used in this chapter. If this section defines a term which is also defined in ch. NR 400 or 460, the definition in this section applies in this chapter rather than the definition in ch. NR 400 or 460.
(1) “Add-on air pollution control device” means equipment installed in the ventilation system of chromium electroplating and anodizing tanks for the purposes of collecting and containing chromium emissions from the tanks.
(2) “Air pollution control technique” means any method, such as an add-on air pollution control device or a chemical fume suppressant, that is used to reduce chromium emissions from chromium electroplating and chromium anodizing tanks.
(3) “Base metal” means the metal or metal alloy that comprises the workpiece.
(4) “Bath component” means the trade, brand or chemical name of each component in trivalent chromium plating baths.
Note: Since for trivalent chromium baths, the bath composition is proprietary in most cases, the trade or brand name for each component may be used. However, ss. NR 463.11 (1) (n) and 463.12 (9) (a) 3. require identification by chemical name of the wetting agent contained in that component.
(5) “Chemical fume suppressant” means any chemical agent that reduces or suppresses fumes or mists at the surface of an electroplating or anodizing bath.
