Wisconsin Administrative Code
Department of Natural Resources
NR 400-499 - Environmental Protection - Air Pollution Control
Chapter NR 445 - Control Of Hazardous Pollutants
Subchapter I - General Provisions
Section NR 445.01 - Applicability; purpose

(a) This chapter applies to all stationary air contaminant sources which may emit hazardous contaminants and to their owners and operators.

Note: Owners and operators of sources of emissions of hazardous air contaminants associated with agricultural waste should refer to s. NR 445.08(6) (d) prior to undertaking any activities under this chapter.

(b) The emission limitations and control requirements in this chapter do not apply to hazardous air contaminants emitted by the emissions units, operations or activities that are regulated by an emission standard promulgated under section 112 of the Clean Air Act (42 USC 7412). Hazardous air contaminants "regulated by an emission standard promulgated under section 112 of the Act" means the hazardous air contaminants that are regulated by section 112 by the name of the contaminant, by virtue of regulation of another substance as a surrogate for the contaminant, or by virtue of regulation of a species or category of hazardous air contaminants that includes the contaminant.

Note: An example of regulated "by virtue of regulation of another substance as a surrogate" would be using the measurement of one contaminant to represent the emission rate of another, harder to measure contaminant. Examples of regulated "by virtue of the regulation of a species or category" would be the use of terms such as "volatile organic HAP" or "total HAP" emission in lieu of specifically naming individual hazardous air contaminants.