CR 24-030 Rule Text

The statement of scope for this rule, SS 047-22, was approved by the Governor on May 26, 2022, published in Register No. 798A1 on June 6, 2022, and approved by the Natural Resources Board on September 28, 2022. This rule was approved by the Governor on insert date.

ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD

REPEALING, RENUMBERING AND AMENDING, AMENDING, REPEALING AND RECREATING AND CREATING RULES

The Wisconsin Natural Resources Board proposes an order to repeal NR 439.03 (6), (8) and (12), 439.04 (2), 439.055 (1) (a), (b), (c), (d), (e), (f) and (g), (2), (5) and (6), 439.06 (3) (c) (Note), 439.07 (10), 439.075 (3) (c), 439.08 (1) (h), 439.09 (10) (b) 2., 3., 4., 5., and (d), and 484.10 Table 5 (45); to renumber NR 439.02 (5); to renumber and amend NR 439.02 (1) and (8), 439.03 (1) (b) and (c), 439.055 (1), 439.09 (10) (intro.) and (a) (intro.); to amend NR 400.02 (79), 419.08 (5) and (6) (b), 439.01 (1), 439.02 (2), (4), and (9), 439.03 (1) (a), (2), (3), (5) and (9), 439.04 (1) (intro.), (a) (intro.) and 6., (b), (3), (4) (d), (5) (a) 2. (intro.), (c) 2. and 3., (d) 2. b., (e) 5. and 8., and (6) (a), (b) (intro.) and 2., 439.05 (title), 439.055 (3) (b), (c), and (4), 439.06 (intro.), (1), (1m), (2) (a) and (b), (3) (a) and (c), (4) (b), (5), (6) (a) and (b), (7) (b) and (9) (a) 2., 439.07 (3) (intro.), (4), (5) (a), (7) (intro.) and (8) (a) 1., (b), and (e), 439.075 (2) (title), (a) (intro.), 1., 2., 3. and 4., (b) (intro.), 1., 2., 3. and 4., (c) (intro.), 1. a. to x., 2., 3. a. to L., 4., 5. and 6. a. to e., (3) (b) and (4) (a) 1. a., b. and c., 2., 3., 4., 5. and (b), 439.08 (1) (a), (b), (c), (d), (e), (f) and (g) and (2) (a), (b) and (c), 439.085 (2) (a) 1. and 2. (intro.), (b) 1. and 2. (intro.), (c) 1. and 2. (intro.), (d) (intro.) and (3) (a) 2. (intro.) and (b) (intro.), 439.09 (1), (2), (3), (4), (7), (7m), (9) (b), and (10) (b) (intro.), 439.095 (1) (intro.) and (g), (2), and (6), 439.096 (2) (intro.), (3) (intro.), (4), (7) (intro.) and (9) (intro.), 439.098 (1) (intro.), (a), (b) and (2) (intro.), 462 Table 6 1. a., c. and e., 2. a., c. and e., and 3. a., c. and e., 484.04 Table 2 (21m) and 484.10 Table 5 (3), (4), (25), (26), (30), (33), (41m), (42), (43), (44), (51), (52), (53), (54), (55), (55g); to repeal and recreate NR 439.03 (4), 439.07 (1), (2) and (9), and 439.11; and to create NR 439.02 (1m), (2m), (5) (b), (5m), (6e), (6m), (6s), (9e) and (13), 439.03 (1) (b) 1., 2., and 3., (c) 1., 2., 3., 4., 5., 6., and 7., (3m) and (10m), 439.04 (1) (a) 7., (e) and (f), (2m), (4) (e), (f) and (g) and (5) (a) 2. c., 439.05 (4), 439.055 (1g), (1r), (2m), (3) (d), (5m) and (6m), 439.075 (4) (c), 439.09 (7p), (7r), (7t), (7v) and (10) (b) 6., 484.04 Table 2 (9e), (9m), (9s), (14m), (20c), and (20v) and 484.10 Table 5 (47g) and (55r) relating to simplifying, reducing, modernizing, and making more efficient the reporting, recordkeeping, testing, inspection and determination of compliance requirements for sources of air contaminants and affecting small business.

AM-05-22

Analysis Prepared by the Department of Natural Resources

1. Statute Interpreted: Sections 285.11, 285.13(6), 285.17, 285.19, 285.65, 299.15, Stats. The State Implementation Plan developed under s. 285.11(6), Stats., is revised.

2. Statutory Authority: Sections 285.11(1), 285.17, 285.19, 285.65, 299.15, Stats.

3. Explanation of Agency Authority:

Section 285.11(1), Stats., requires the department to promulgate additional rules implementing ch. 285, Stats.

Section 285.17, Stats., requires the department to establish reporting, recordkeeping, and monitoring regulations for sources of air contaminants. The statute also requires the department to reevaluate and simplify, where possible, the requirements of this chapter as they apply to minor sources.

Chapter NR 439, Wis. Adm. Code, also includes provisions related to s. 285.19, Stats., which authorizes the department to conduct inspections at air contaminant sources, and s. 285.65, Stats., which authorizes the department to include reporting, recordkeeping, and monitoring requirements in air pollution control permits.

Section 299.15, Stats., requires the department to promulgate by rule reporting requirements for sources of air contaminants.

4. Related Statutes or Rules:

Chapter NR 439, Wis. Adm. Code, establishes general reporting, recordkeeping, testing, inspection and determination of compliance requirements used to determine compliance with chs. NR 400 to 499, Wis. Adm. Code. Chapter NR 439, Wis. Adm. Code, also contains requirements for determining compliance specifically for sources of volatile organic compounds regulated under chs. NR 419 to 424, Wis. Adm. Code. Chapters NR 406 and 407, Wis. Adm. Code, reference compliance demonstration requirements in ch. NR 439, Wis. Adm. Code, for permitted sources. Updated test method standards referenced under ch. NR 439, Wis. Adm. Code, are similarly revised under chs. NR 462 and 484, Wis. Adm. Code.

5. Plain Language Analysis:

Chapter NR 439, Wis. Adm. Code, contains reporting, recordkeeping, testing, inspection, and determination of compliance requirements for all sources of air contaminants in the state. The primary objective of the proposed rule is to simplify, reduce, and make more efficient these requirements for the following sources:

—Sources required to have operation permits under s. 285.60, Stats., but not required to have permits under the federal Clean Air Act (CAA), as required by s. 285.17(4), Stats. These sources are sometimes referred to as “non-part 70 sources”.

— Sources required to have permits under the CAA.

The proposed changes to ch. NR 439, Wis. Adm. Code, will maintain consistency with the CAA and protect air quality.

The department continuously works to simplify, consolidate, and reduce frequency of reporting, monitoring, and recordkeeping requirements for all sources. The department has done this through rulemaking with Permit Streamlining Phase II (which became effective on October 1, 2020), by expanding permit options, improving permit and compliance processes and procedures, and creating online tools. Examples include: creating additional types of registration permits, accepting summary statements for compliance certification and monitoring requirements, offering optional electronic reporting and electronic signature for all compliance reporting, and reducing the frequency of department required emissions testing. This proposed rulemaking to revise ch. NR 439, Wis. Adm. Code, is part of the department’s ongoing effort to simplify reporting, monitoring, and recordkeeping requirements and make the process for demonstrating compliance more efficient, consistent with the applicable requirements of the CAA.

In addition to the specific changes to each section described below, the department is proposing to make several types of general changes throughout ch. NR 439, Wis. Adm. Code, including:

— Clarifying that many timelines set under the chapter for a particular number of days refer to calendar days.

— Converting many timelines given in business days to calendar days to simplify deadlines and reduce the potential for confusion.

— Clearly listing the content that shall be included as part of each submittal required under the chapter.

Additionally, the department is proposing to make the following specific changes to the individual sections of ch. NR 439, Wis. Adm. Code:

NR 439.01 Applicability; purpose.

— Align cross references with federal requirements to reduce the need for frequent updates to cross references.

NR 439.02 Definitions.

— Update existing definitions to reflect contemporary industry practices.

— Create definitions for undefined terms in current rule language and new terms in proposed rule language.

NR 439.03 Reporting.

— Clarify reporting requirements by specifying submittal content and deadlines, using language consistent with federal requirements in 40 CFR part 70.

— Create efficiencies by allowing monitoring reports and compliance certifications to be combined with other required reports.

— Move the requirement for immediate notification of hazardous substance air spills from s. NR 439.03(4)(a)1. to proposed s. NR 439.03(3m) to separate it from other deviation reporting requirements that do not require immediate notification.

— Revise “next-business day reporting requirements” under s. NR 439.03(4)(am) for events that result in an emission limitation exceedance. Emission limitations include limits on the quantity, rate, or concentration of emissions of an air contaminant and only those operational or maintenance requirements that assure continuous emission reductions, including requirements to operate control equipment, equipment control efficiencies, or restrictions on duration of operation.

— Instead of sources being required to report such events on the next business day, the department is proposing a tiered approach.

— For events which cause any emission limitation to be exceeded, the department is proposing that sources notify the department of the event within two business days and submit a report of the event within 10 calendar days. The department is requiring notification within two business days for those events that have the potential to impact public health or safety.

— For all other deviations from permit requirements the department is proposing to allow the source to report the event no later than the due date of the monitoring report required under s. NR 439.03(1)(b).

— Move the exception for deviation reporting of visible emission limits detected by a continuous emission monitor from s. NR 439.03(4)(a)2. to proposed s. NR 439.03(4)(bm). The department is also proposing to expand the exception to 20% above the opacity limit rather than 10% and revise the timeframe for the exception to use six-minute averages consistent with federal averaging periods.