The department does not anticipate that local governments, utility rate payers, public entities, or the state’s economy will be economically impacted by the implementation of the proposed rules. The proposed rules will not require additional state staff to implement or affect state revenues.
11. Effect on Small Business (initial regulatory flexibility analysis): The AERR rule amendments state that the updated reporting requirements “will not have a significant economic impact on a substantial number of small entities under the RFA [Regulatory Flexibility Act]. This action will not impose any new requirements on small entities. This action corrects and clarifies emissions reporting requirements and provides states with additional flexibility in how they collect and report their emissions data, thereby reducing overall collection and reporting burdens and their associated costs.” (80 FR 8794).
The department expects that few, if any, small businesses will be required to report PM2.5 emissions under the proposed rule since source applicability is determined by a five ton per year emission threshold. If applicable, the proposed rule changes would have a small administrative impact on the small businesses; there would be no economic impact. Furthermore, the department expects that if there are any small businesses required to report PM2.5 emissions under the proposed rule that they are already familiar with the emissions calculations, since these sources likely already report other pollutant emissions under current ch. NR 438, Wis. Adm. Code, requirements. As mentioned in #10 above, the department has taken steps to minimize administrative time associated with annual emissions reporting, including providing an emissions calculator directly on the department’s web-based air emissions inventory reporting program and providing a list of emission units, operations and activities that a facility may exclude from the annual emission inventory. 12. Agency Contact Person: Olivia Salmon, Bureau of Air Management, Wisconsin Department of Natural Resources PO Box 7921, Madison, WI 53703; (608) 630-5264; OliviaE.Salmon@Wisconsin.gov. 13. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearing, by regular mail, or email to:
Olivia Salmon – AM/7
Bureau of Air Management
Wisconsin Department of Natural Resources
PO Box 7921
Madison, WI 53703
Comments may be submitted to the department contact person listed above or to DNRAdministrativeRulesComments@wisconsin.gov until the deadline given in the upcoming notice of public hearing. The notice of public hearing and deadline for submitting comments will be published in the Wisconsin Administrative Register and on the department’s website, at https://dnr.wi.gov/calendar/hearings/. Comments may also be submitted through the Wisconsin Administrative Rules Website at https://docs.legis.wisconsin.gov/code/chr/active. RULE TEXT
Section 1 NR 400.03 (4) (jp) is created to read:
NR 400.03 (4) (jp) “NAICS” — North American Industry Classification System
Section 2 NR 438 (title) is amended to read:
NR 438 (title) Air contaminant emission emissions inventory reporting requirements.
Section 3 NR 438.01 (2) is amended to read:
NR 438.01 (2) Purpose. The purpose of this chapter is to establish, pursuant to ss. 285.11, 285.13, 285.17, and 299.15 (1) and (2), Stats., requirements for submission of reports emissions inventories for owners or operators of air contaminant sources. Section 4 NR 438.02 (1) is renumbered (1e).
Section 5 NR 438.02 (1a), (1c), (1g), (1i), (1k), (1m), (1o), (1q), (1s), and (1u) are created to read:
NR 438.02 (1a) “Condensable PM” means a material that is vapor phase at stack conditions but that condenses or reacts upon cooling and dilution in the ambient air to form solid or liquid PM immediately after discharge from the stack.
Note: Condensable PM, if present from a source, is typically in the PM2.5 size fraction and, therefore, all of it is a component of both primary PM2.5 and primary PM10.
(1c) “Device” means the physical equipment or equipment line where a process occurs.
(1g) “Filterable PM” means a particle that has an aerodynamic diameter equal to or less than 100 micrometers that is directly emitted by a source as a solid or liquid at stack or release conditions and captured on the filter of a stack test train.
(1i) “Filterable PM2.5” means a particle that has an aerodynamic diameter equal to or less than 2.5 micrometers that is directly emitted by a source as a solid or liquid at stack or release conditions and captured on the filter of a stack test train.
(1k) “Filterable PM10” means a particle that has an aerodynamic diameter equal to or less than 10 micrometers that is directly emitted by a source as a solid or liquid at stack or release conditions and captured on the filter of a stack test train.
(1m) “Primary PM” means the sum of filterable PM and condensable PM.
(1o) “Primary PM2.5” means the sum of filterable PM2.5 and condensable PM2.5.
(1q) “Primary PM10” means the sum of filterable PM10 and condensable PM10.
(1s) “Process” means an activity occurring at a device that generates emissions, controls emissions, or discharges emissions.
Note: Examples of processes include combustion, coating, controlling, crushing, or discharging.
(1u) “Process type code” means a brief descriptor of the process type.
Section 6 NR 438.02 (2) is repealed and recreated to read:
NR 438.02 (2) “Source classification code” means a process-level code that describes the equipment or operation that is emitting a pollutant.
Note: Source classification codes are available as set forth by EPA’s Emissions Inventory System, which is an information system for storing all current and historical emissions inventory data.
Section 7 NR 438.02 (3), and (4) are created to read:
NR 438.02 (3) “Unit device” means the physical equipment or equipment line where a process occurs.
Note: Examples of unit devices include boilers, coating lines, baghouses, and stacks.
(4) “Unit device type code” means a brief descriptor of the unit device type.
Section 8 NR 438.03 (1) (a) is amended to read:
NR 438.03 Required emission inventory reports emissions inventories. (1) Reportable air contaminants and levels. (a) Except as provided inunder par. (am), any person owning or operating a facility that emits an air contaminant in quantities above applicable reporting levels, except indirect sources of air pollution, shall annually submit to the department an emission emissions inventory report of annual, actual emissions or, for primary particulate matter, primary PM10, primary PM2.5, sulfur dioxide, nitrogen oxides, carbon monoxide and volatile organic compounds, throughput information sufficient for the department to calculate its annual, actual emissions. The reportable air contaminants and applicable reporting levels are listed in ch. NR 438, Table 1. Section 9 NR 438.03 (1) (af) is created to read:
NR 438.03 (1) (af) The owner or operator of a facility with potential to emit equal to or greater than any emission rate listed in ch. NR 438, Table 2, shall annually submit to the department an emissions inventory for all of the following pollutants regardless of emissions amount: 1. Sulfur dioxide.
2. Nitrogen oxides.
3. Carbon monoxide.
4. Volatile organic compounds.
5. Primary PM10.
6. Primary PM2.5.
7. Ammonia.
Table 2
Pollutants and Potential to Emit
1. Sulfur dioxide: 2500 tpy
2. Nitrogen oxides: 2500 tpy
3. Carbon monoxide: 2500 tpy
4. Volatile organic compounds: 250 tpy
5. Primary PM10: 250 tpy
6. Primary PM2.5: 250 tpy
7. Ammonia: 250 tpy
Section 10 NR 438.03 (1) (am) 1. is amended to read:
(am) 1. The owner or operator of a facility described by a standard industrial classification an SIC code listed in Table D of s. NR 445.11, or that has annual actual emissions of less than 5 tons of particulate matter and less than 3 tons of volatile organic compounds, may limit the information on hazardous air contaminants included in the annual emission emissions inventory report to those contaminants identified under s. NR 445.11 (1) (a) or (b). Section 11 NR 438.03 (1) (am) 3. is created to read:
NR 438.03 (1) (am) 3. The owner or operator of a facility may exclude from the annual emissions inventory, emissions from any of the following emissions units, operations, or activities:
a. Maintenance of grounds, equipment, and buildings, including lawn care, pest control, grinding, cutting, welding, painting, woodworking, general repairs, and cleaning, but not including use of organic compounds as clean−up solvents.
b. Boiler, turbine, generator, heating, and air conditioning maintenance.
c. Pollution control equipment maintenance.
d. Fire control equipment.
e. Janitorial activities.
f. Office activities.
g. Convenience water heating.
h. Convenience space heating units with combined heat input capacity of less than 5 million Btu per hour that burn gaseous fuels or liquid fuels.
i. Fuel oil storage tanks with a combined capacity of 10,000 gallons or less.
j. Stockpiled contaminated soils.
k. Demineralization and oxygen scavenging of water for boilers.
l. Purging of natural gas lines.
Section 12 NR 438.03 (1) (b) is amended to read:
NR 438.03 (1) (b) When preparing an emission emissions inventory report, the owner or operator of a facility may rely on information in an approved material safety data sheet. Trace contaminants need not be reported if they constitute less than 1% percent (10,000 parts per million) of the material, or 0.1% percent (1,000 parts per million) of the material if the air contaminant is listed with a control requirement inunder column (i) of Table A, B or C or of s. NR 445.07, unless a hazardous air contaminant is formed in processing the material.
