Current through August 26, 2024
(1) VARIANCE AUTHORITY. The department may
grant source-specific revisions to the state implementation plan setting
alternate compliance schedules or alternate emission limitations, or both,
where compliance with general RACT requirements of chs.
NR
400 to
499 are shown to be
technologically or economically infeasible.
(2) VARIANCE CRITERIA. A variance under sub.
(1) may not be issued unless:
(a) The
revision will not delay attainment or prevent maintenance of any ambient air
quality standard, as determined by methods acceptable to the
department.
(c) The owner or
operator of the air contaminant source for which a revision is requested
demonstrates that all other direct or portable sources owned or operated in the
state by the person are in compliance with all applicable requirements of chs.
NR
400 to
499 or are on a schedule for
compliance with the requirements.
(d) The owner or operator submits to the
department information concerning the conditions or special circumstances which
demonstrates, to the department's satisfaction, that the applicable general
RACT requirements from which variance is sought are technologically or
economically infeasible. In addition:
1.
Where an alternate compliance schedule is sought, the owner or operator shall
submit a proposed schedule which demonstrates reasonable further progress and
contains a date for final compliance as soon as practicable.
2. Where alternate emission limitations are
sought, the owner or operator shall submit proposed emission
limitations.
3. Requests for
revisions shall be signed by the principal executive officer; partner; sole
proprietor; or principal governmental executive or elected official or a duly
authorized representative, as appropriate.
4. Requests shall contain other relevant
information as required by the department.
(3) PROCEDURES FOR ISSUANCE OF VARIANCES. The
department, in acting upon any request for a revision under this section,
shall:
(a) Act on requests for revisions
within 3 months of the filing of a completed request.
(b) Offer, through public notice, the
opportunity for public comments including, where requested, a public
hearing.
(c) State in writing the
reasons for denying, granting, or for granting in modified form any
request.
(4) REVOCATION
AND MODIFICATION OF VARIANCES. The department may, after notice and opportunity
for hearing, revoke or modify any revision when any of the following applies:
(a) Any term or condition of the revision has
been violated.
(b) Changes in
ambient air quality indicate that the source has a significant adverse impact
on the attainment or maintenance of any ambient air quality standard.
(c) The owner or operator did not act in good
faith in demonstrating the technological or economic infeasibility of
compliance with the general RACT requirements or in submitting other relevant
information in support of the revision request.
(5) EFFECTIVE DATE OF VARIANCES. When the
department grants, modifies or revokes a source-specific revision to a general
RACT requirement which has been approved by the administrator of the U.S.
environmental protection agency as part of the state implementation plan, the
revision will not become effective until both the following conditions have
been met:
(a) The revision has been submitted
to the administrator pursuant to applicable law, including but not limited to
42
USC 7410 and 40 CFR parts 51 and 52, and all
such requirements have been met.
(b) The revision has been approved by the
administrator or designee as a revision to the state implementation
plan.
