Sec. NR 460.01 - Applicability; purpose

ยง NR 460.01. Applicability; purpose

(1) APPLICABILITY.

(a) This chapter applies to the owner or operator of any facility affected by a standard promulgated by EPA under section 112 of the act (42 USC 7412), except as otherwise specified in the appendices of this chapter and as provided in pars. (b) and (d).

Note The general provisions of this chapter eliminate the repetition of requirements applicable to all owners or operators affected by the national emission standards for hazardous air pollutants promulgated under 40 CFR part 63, which are commonly called MACT standards. These standards will regulate specific categories of stationary sources that emit, or have the potential to emit, one or more hazardous air pollutants listed pursuant to section 112 (b) of the Act (42 USC 7412(b)). The department plans to group the source categories it regulates under chs. NR 460 to 469.

Some delay may occur between the promulgation of the federal standard in 40 CFR part 63 and subsequent promulgation of the standard in chs. NR 460 to 469. Permits under ch. NR 406 or 407 may, under s. 285.65, Stats., specify applicable requirements from 40 CFR part 63 and refer to applicable requirements in this chapter before the specific requirements for the source category can be promulgated in chs. NR 460 to 469.

To obtain the most current list of categories of sources to be regulated under section 112 of the Act (42 USC 7412), or to obtain the most recent regulation promulgation schedule established pursuant to section 112 (e) of the Act (42 USC 7412(e)), contact the department's Bureau of Air Management, PO Box 7921, Madison WI 53707, telephone number (608) 266-7718, or EPA's Emissions Standards Division (MD-13), U.S. EPA, Office of Air Quality Planning and Standards, Research Triangle Park NC 27711, telephone number (919) 541-2380.

(b) Special provisions in a relevant standard established under 40 CFR part 63 after March 16, 1994 shall supersede any conflicting provisions of this chapter.

Note This paragraph addresses federal MACT standards that have not yet been promulgated by the department under chs. NR 460 to 469. Standards established under 40 CFR part 63 include a table that identifies special provisions which supersede the general provisions of 40 CFR part 63 Subpart A. This table in the federal standard will be used as a guide for identifying special provisions that supersede comparable provisions of this chapter.

(c) If the owner or operator of an existing source obtains a compliance date extension for the source in accordance with the provisions of 40 CFR part 63, Subpart D, the owner or operator shall comply with all requirements of this chapter except those requirements that are specifically overridden in the extension of the compliance for that source.

Note Extensions under the early reduction program of 40 CFR part 63, Subpart D, are only available from EPA.

(d) This chapter does not apply to the owner or operator of any facility subject to the provisions of s. NR 468.20.

(e) All references to 40 CFR part 60, 40 CFR part 61 and 40 CFR part 63 in this chapter mean those parts of the code of federal regulations as in effect on April 1, 2002, with the following exceptions:

1. In par. (b), 40 CFR part 63 means that part as it exists on the effective date of the relevant federal standard, including future standards.

2. In the case of CFR appendices incorporated by reference in ch. NR 484, if a more recent date is specified in the applicable section of ch. NR 484, that date shall apply.

(2) PURPOSE. Chapters NR 460 to 469 are adopted to enable the department to implement and enforce standards for stationary sources promulgated by EPA under section 112 of the act (42 USC 7412), as required by ss. 285.27(2) and 285.65, Stats. This chapter is adopted under ss. 285.11, 285.13 and 285.17, Stats., to establish general provisions for notification, recordkeeping, monitoring and reporting requirements for sources of hazardous air contaminants.

(Cr. Register, March, 1997, No. 495, eff. 4-1-97; am. (2), Register, November, 1999, No. 527, eff. 12-1-99; CR 00-175: am. (1) (e) (intro.) Register March 2002 No. 555, eff. 4-1-02. Amended by, correction in (2)(Note) made under s. 13.92(4) (b), Stats.,Register June 2015 No. 714, eff. 7/1/2015.)

This chapter is based on federal regulations contained in 40 CFR part 63 subpart A as last revised on May 16, 2007. The chapter also reflects the federal authority delegation provisions of 40 CFR part 63 subpart E as last revised on September 14, 2000. In addition to meeting the requirements of this chapter, any major new or reconstructed source subject to a relevant standard under 40 CFR part 63 is required to obtain a construction permit under ch. NR 406 as indicated in s. NR 406.04(2) (h). Also, most other new or modified sources are required to submit an operation permit application before commencing operation under s. NR 407.04(1) (b) 3.

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