On December 4, 2017, the Wisconsin Department of Natural Resources (DNR) amended its National Ambient Air Quality Standards (NAAQS) for fine particulate matter (PM2.5). The rule reduces the primary annual standard for PM2.5 from 15.0 to 12.0 micrograms per cubic meter (µg/m3). DNR was required to promulgate this rule to be consistent with the U.S. EPA NAAQS for PM2.5, published in January, 2013. The DNR rule is scheduled to be effective January 1, 2018, and will be submitted to the EPA as a revision to the Wisconsin state implementation plan.

We have recently become aware of recent EPA action to enforce the reporting obligation contained in Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) that applies to electroplating processes. This enforcement issue is of particular concern to both captive and job shop electroplaters. The EPA’s enforcement position is not a new issue; in fact it was discussed with EPA in the late 1990’s; however, many electroplating facilities, both captive and job shop, are perhaps not calculating and accurately documenting threshold determinations and releases of hazardous substances that may be required to be reported on Form R. Section 313 of EPCRA, and EPA’s implementing regulations at 40 C.F.R. §§ 372.22 and 372.30 require the reporting of releases of listed hazardous substances by the owner or operator of a facility that has 10 or more full-time employees; is covered by certain SIC codes; meets one of the criteria set forth in 40 C.F.R. s § 372.22(b)(1)-(3); and that they manufactured, processed or otherwise used a toxic chemical in an amount exceeding an applicable threshold quantity of that chemical during a calendar year. If a facility is required to report such releases, a toxic chemical release inventory form (Form R) must be submitted to EPA and to the state.