NR 438 Information Regarding MSDS Deminimis Provision under s. NR 438.03 (1)(b), Wis. Adm. Code

NR 438.03(1)(b)

(b) When preparing an emission inventory report, the owner or operator of a facility may rely on information in an approved material safety data sheet. Trace contaminants need not be reported if they constitute less than 1% (10,000 parts per million) of the material, or 0.1% (1,000 parts per million) of the material if the air contaminant is listed with a control requirement in column (i) of Table A, B or C or s. NR 445.07, unless a hazardous air contaminant is formed in processing the material.

What does this mean?

This section allows sources to use information on material safety data sheets (MSDS) for calculating emissions. For calculating emissions of non-carcinogens, the rule allows sources to restrict their review if concentrations are below 1% (10,000 ppm). For calculating emissions of carcinogens, the rule allows sources to restrict their review if concentrations are below 0.1% (1,000 ppm). This was placed in the rule so that companies would not be required to test every single material used in the workplace. This basis for this requirement is directly related to the OSHA requirements for MSDS sheets. A list of these Table A, B, C pollutants with control is available in a pdf file (PDF,15KB) or spreadsheet (XLS, 44KB).

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Last Revised: Thursday October 01 2009