(1) PERIODIC
REPORTS. The department, in consultation with the department of health
services, shall prepare a periodic report for the natural resources board that
reviews information related to listing, de-listing, and setting regulatory
thresholds, standards and control requirements for hazardous air contaminants
under this chapter. The report shall include all of the following:
(a) A review of available information about
the likely sources of emissions of and an assessment of whether the criteria
set forth in sub. (2) (b) are likely to apply to the hazardous air contaminants
identified under this subsection.
(b) Recommendations on the need for rule
modifications.
(c) Recommendations
on the need for special studies.
(2) REVISION OF TABLE LISTS.
(a) The department shall determine that a
substance is a hazardous air contaminant that may be listed in Table A, B or C
of s.
NR 445.07 if the substancecan, due to inhalation, cause
an adverse health effect and it meets one or more of the following conditions:
1. The substance is classified as a known
carcinogen or reasonably anticipated to be carcinogenic by both the
International Agency for Research on Cancer and the National Toxicology
Program.
2. The substance has a
threshold limit value established by the American Conference of Governmental
Industrial Hygienists.
3. The
substance has a reference concentration established by the United States
environmental protection agency with an uncertainty factor of 300 or
less.
(b) Except as
provided for in pars. (c) and (d), the department shall list in Table A, B or C
of s.
NR 445.07 a substance determined under par. (a) to be a
hazardous air contaminant if it also determines that none of the following
apply to the contaminant:
1. The only
critical inhalation effect listed for the substance by the American Conference
of Governmental Industrial Hygienists is asphyxiation.
2. The substance possesses an explosive
nature requiring safety procedures that preclude ambient concentrations that
would present toxicity concerns.
3.
The substance has a threshold limit value of greater than or equal to 100 parts
per million.
4. The substance has a
threshold limit value of greater than or equal to 10 milligrams per cubic
meter.
(c) Paragraph (b)
notwithstanding, the department may consider any of the following in
determining whether to list a hazardous air contaminant in Table A, B or C of
s.
NR 445.07:
1. Other
regulations that may provide adequate protection for public health or
welfare.
2. That additional
information is necessary to fully assess the need to list the hazardous air
contaminant in Table A, B or C.
(d) Paragraph (b) notwithstanding, the
department shall consider all of the following in determining whether to list a
hazardous air contaminant in Table A, B or C of s.
NR 445.07:
1. An
evaluation of sources in Wisconsin that release, or are likely to release, the
contaminant.
2. An evaluation of
the expected population exposure to the contaminant and the related
risks.
3. An evaluation of
alternative control strategies, including emission limitations, that includes
consideration of costs.
(3) REEVALUATION OF LISTING DECISION. The
owner or operator of an affected source or other interested party may submit a
written request to, and the department may, reevaluate a determination to list
or not to list a substance as a hazardous air contaminant in this chapter. The
request shall provide new or additional information for the department's
consideration. In conducting a reevaluation, the department shall consider the
criteria set forth in sub. (2) (b) and (c) and other information that it deems
relevant.
