Small Business Advisor - August 2022

Small Biz News

Small Business Advisor - August 2022

Updates Now In Effect For Wisconsin’s Air Emissions Inventory Reporting Rule

Facilities in Wisconsin that emit air pollutants are required to report their emissions on an annual basis. To ensure consistency with the federal Air Emissions Reporting Rule (AERR) and that Wisconsin’s state implementation plan (SIP) meets Clean Air Act requirements, the Wisconsin Department of Natural Resources (DNR) recently updated Wisconsin’s air emissions inventory reporting rule (ch. NR 438, Wis. Adm. Code).

The DNR expects the revised rule to have minimal impact on facilities. There will be a small administrative adjustment for applicable sources for the time required to report and certify annual emissions. To minimize administrative time associated with annual emissions reporting, the DNR’s web-based air emissions inventory reporting program (accessible through the DNR Switchboard), provides information and an emissions calculator, which facilities can use to estimate emissions.

The following changes were made and are effective Aug. 1, 2022:

  • Major sources in nonattainment areas, sources with the potential to emit equal to or greater than 100 tons per year of criteria air pollutants or ammonia, and sources with actual emissions of 0.5 ton per year of lead are now required to report annual emissions of all criteria air pollutants and ammonia, regardless of emission amounts.
  • An emissions reporting requirement was added to the rule for sources that directly emit particulate matter with a diameter equal to or less than 2.5 µm (PM2.5).
  • An annual emission inventory may exclude emissions from specific emission units, operations, or activities now listed in s. NR 438.03(3)(1)(am)3, Wis. Adm. Code.
  • State administrative code language was aligned with federal emissions reporting terminology and updated to reflect the DNR’s current emissions inventory reporting process.
  • The requirement for the emissions inventory certification signature moves from the owner or operator to the Responsible Official under s. NR 438.03(5)(c), Wis. Adm. Code.

Facilities must comply with the updated rule starting with 2023 air emissions inventory reporting for calendar year 2022 emissions.

For additional information, visit DNR’s: Air Emissions Inventory Tutorials and Fundamentals webpage or contact DNRAMEmissionsInventory@wisconsin.gov.


2022 Recycling Excellence Awards Nominations Now Open

The DNR is currently accepting nominations for the 2022 Recycling Excellence Awards now through Sept. 16.

Communities, organizations, schools and businesses are eligible and encouraged to apply for recognition of outstanding recycling or waste minimization initiatives. The DNR offers the Recycling Excellence Awards to recognize efforts and share innovative ideas with a broad audience to improve waste management practices.

One of the goals identified in A Blueprint for DNR Climate Action 2021-2025 is to reduce per-capita food waste disposed of in Wisconsin landfills by half by 2030 (from 2020 levels). Please note that food waste recovery or diversion programs are eligible for Recycling Excellence Awards.

Awards are offered in four categories: overall program; projects and initiatives; innovation; and special events. Entities of any size may nominate themselves or submit an application on behalf of another program. Applicants are encouraged to submit supporting materials such as outreach samples, data/graphs and high-resolution photos.

Find more information about the categories, past awards and a nomination form on the Wisconsin Recycling Excellence Awards webpage.


E-Pay And Other Updates To RR Form 4400-025

Last November the Notification for Hazardous Substance Discharge form (4400-225) was made into a fillable online form on the DNR’s RR program Submittal Portal webpage. This form should be used to report discharges that are identified through laboratory analysis of soil, sediment, vapor, indoor air and water.

The form now allows for payments by credit card (e-pay) for the request of No Action Required (NAR) determination under Wis. Admin. Code § NR 716.05 or for No Further Action (NFA) determination under Wis. Admin. Code § NR 708.09.

The form also includes clickable tabs so you can easily navigate to completed tabs without clicking multiple “next” and “back” buttons. This is particularly useful when returning to submit lab reports and navigating to the lab result tab to upload your files.

When submitting a request for an NAR or NFA determination, DNR encourages you to include the Technical Assistance, Environmental Liability Clarification or Post-Closure Modification Request form 4400-237 and any additional appropriate report(s) with your submittal.


New Wisconsin Administrative Rules For PFAS Now In Effect

On August 1, 2022, the DNR announced that new administrative rules for perfluoroalkyl and polyfluoroalkyl substances, known as PFAS, are now in effect.  

Two rules set regulatory standards for PFAS in drinking water and surface water and the third rule sets requirements for using PFAS-containing firefighting foam. The rules will provide a better understanding of where PFAS are located in Wisconsin, require actions to correct contamination when it is found and reduce additional contamination.

If the PFAS compounds are found at levels higher than allowed by the standards in either drinking water or regulated discharges to surface water, steps to reduce the contamination will be required.

The third rule replaces the emergency rule for PFAS-containing firefighting foam that has been in effect since December 2020. It was developed as part of s. 299.48, Wis. Stats., which prohibits the use of foam with intentionally added PFAS except in emergency situations or for testing purposes. The rule provides information regarding appropriate storage, containment, treatment and disposal.

PFAS are a group of human-made chemicals used for decades in numerous products, including non-stick cookware, fast food wrappers, stain-resistant sprays and certain types of firefighting foam. These contaminants have made their way into the environment, and humans and animals can develop negative health impacts when exposed to them.

Implementing these rules addresses priority actions identified by the Wisconsin PFAS Action Council (WisPAC) in the Wisconsin PFAS Action Plan. WisPAC is comprised of representatives from nearly 20 state agencies working to address public health and environmental concerns regarding certain PFAS substances.

More information about PFAS and the rules for drinking water, surface water and firefighting foam are available on the DNR’s website.


EPA Issues Final Rule To Require Reporting On Five PFAS

As a follow up to a January 2022 announcement, the U.S. Environmental Protection Agency (EPA) issued a final rule to update the Toxics Release Inventory (TRI) chemical list to identify five additional PFAS subject to reporting requirements.  

The Fiscal Year 2020 National Defense Authorization Act (NDAA) provides the framework for the addition of PFAS to the TRI each year. As previously announced, for TRI Reporting Year 2022 (reporting forms due by July 1, 2023), reporting is required for four additional PFAS. This final rule officially incorporates these requirements into the Code of Federal Regulations (CFR) for TRI. Additionally, this TRI update provides a conforming edit to the CFR to include a PFAS that met TRI listing requirements under the NDAA as of Reporting Year 2021.

Addition of three PFAS with final toxicity values

The 2020 NDAA includes a provision that automatically adds PFAS to the TRI list upon the agency’s finalization of a toxicity value. In April 2021, EPA finalized a toxicity value for the following three chemicals and therefore they were added to the TRI.

  • Perfluorobutane sulfonic acid also known as PFBS (Chemical Abstracts Service Registry Number (CASRN) 375-73-5)
  • Perfluorobutanesulfonate (CASRN 45187-15-3)
  • Potassium perfluorobutane sulfonate (29420-49-3)

Reporting forms for these three PFAS will be due to EPA by July 1, 2023, for calendar year 2022 data.

Addition of one PFAS no longer claimed as confidential business information

Under NDAA section 7321(e), EPA must review confidential business information (CBI) claims before adding a PFAS to the TRI list if the chemical identity is subject to a claim of protection from disclosure under 5 U.S.C. 552(a). EPA previously identified one PFAS, CASRN 203743-03-7, for addition to the TRI list based on the NDAA’s provision to include certain PFAS upon the NDAA’s enactment. However, due to a CBI claim related to its identity this PFAS was not added to the TRI list at that time. The identity of this PFAS was subsequently published in an update to the TSCA Inventory in October 2021 because at least one manufacturer did not claim it as confidential during prior reporting under the Chemical Data Reporting (CDR) rule. Because it was no longer confidential, it was added to the TRI list.

Reporting forms for this PFAS will be due to EPA by July 1, 2023, for calendar year 2022 data.

Addition of one PFAS subject to a significant new use rule

The NDAA identifies certain regulatory activities, such as being subject to a significant new use rule (SNUR), that automatically add PFAS or classes of PFAS to the TRI beginning January 1 the following year. Last year, EPA updated the CFR with three PFAS that were added to the TRI on January 1, 2021, pursuant to section 7321(c) of the NDAA, due to their addition to an existing SNUR under the Toxic Substances Control Act. EPA has since determined that one additional PFAS, CASRN 65104-45-2, was designated as “active” on the TSCA Inventory and was added to the SNUR in 2020. Because this chemical met the structural definition in the rule and was designated “active,” it triggered automatic addition to TRI under the NDAA, effective January 1, 2021.

The first reporting forms for this PFAS, which met NDAA conditions as of January 1, 2021, were due to EPA by July 1, 2022, for calendar year 2021 data.


Training Opportunities

Save the Date! Brownfield Fundamentals Series

Are you looking for ideas to address the brownfields in your community, or information on how to fund brownfield redevelopment projects? Join the DNR for two panel discussions on Sept. 15, 2022, as part of our Brownfields Fundamentals series.

The panel discussions will include experts from the EPA, Wisconsin Economic Development Corporation (WEDC), and the Kansas State University Technical Assistance for Brownfields to discuss brownfields financial assistance available to Wisconsin local governments, with an emphasis on federal infrastructure funding.

Both panel discussions will be held via zoom video conferencing.

  • 9:30 – 11 a.m. Brownfields Assistance: Boosting Redevelopment with Fresh Funds  A panel of experts from the EPA, WEDC, and the Kansas State University Technical Assistance for Brownfields program will join the DNR to discuss brownfields financial assistance available to Wisconsin local governments, with an emphasis on federal infrastructure funding.
  • 1:30 – 3 p.m. Local Governments and Brownfields: Best Practices and Lessons Learned Experienced staff from four Wisconsin communities will share best practices and lessons learned while navigating brownfield redevelopment projects.

Go to the RR Program Presentations & Trainings webpage for registration and additional information.