On July 9th, 2015 the Wisconsin Department of Natural Resources (WDNR) released a guidance document relating to the applicability of a Malfunction Prevention and Abatement Plan (MPAP). This guidance document provides clarity on what circumstances require the preparation of an MPAP due to the recurring questions that arise regarding MPAP applicability.
Put briefly, an MPAP is required under NR 439.11 for any direct or portable source that meets either of the following criteria:
- May emit hazardous substances, or
- Emits more than 15 pounds in any day or 3 pounds in any hour of any air contaminant for which emission limits have been adopted.
According to the WDNR, a hazardous substance is any hazardous air pollutant (HAP) listed in Section 112(b) of the Clean Air Act, as well as the hazardous air contaminants (HACs) listed NR 445.
MPAPs are reviewed and approved by the WDNR, but they also can exercise discretion regarding the submittal of an MPAP. Permit language should not require regular submittal. The WDNR has also posted an example MPAP, as well as the guidance document on the Proposed DNR program guidance website, and it will be available until July 30, 2015.
If you have any questions about the guidance or example MPAP, wish to receive a copy of the guidance documents after July 30th, or need help drafting an MPAP for your facility, please contact Jon Frost at firstname.lastname@example.org or at (651) 275-9900 x6.