WDNR Issues Draft Guidance on Applying for One-Year Wisconsin Extension to MACT Requirements



On June 27, 2013, the Wisconsin Department of Natural Resources (WDNR) released draft guidance for major sources seeking up to a one-year compliance extension to federal Maximum Achievable Control Technology (MACT) requirements.   Although this guidance is applicable to any request for extending an initial MACT compliance date, this guidance was developed in response to the Mercury Air Toxics Standards (MATS) and the Industrial, Commercial, and Institutional (ICI) Boiler MACT rule. The U.S. Environmental Protection Agency (EPA) identified several situations in which a compliance extension may be appropriate including if additional time is needed for a source to install controls, additional time is needed to repower or replace the source or operation of the source is needed while the controls are installed or the source is replaced.

The draft WDNR guidance includes several steps for obtaining a compliance extension, including an optional initial notification to WDNR, an extension request application, and an operation permit application or minor revision request to incorporate the extension conditions into the facility permit. The extension application is required at least 120 days prior to the original MACT compliance date (WDNR suggests 180 days). WDNR will provide written notification indicating if the application is deemed complete or incomplete within 30 days of the extension request submittal and will issue a written notification granting or denying the extension request within 30 days after the application completeness determination. If granted, the extension is effective when written notice is issued by WDNR; however any MACT requirements currently included in a source's operation permit are applicable until the permit is revised. If an extension is denied, the original MACT requirements and deadlines apply. WDNR is accepting comments related to the draft guidance through July 22, 2013. Comments should be sent to Thomas Karman, Thomas.Karman@wisconsin.gov; (608) 264-8856.