NR 440.02(33)
(33) “Startup" means the setting in operation of an affected facility for any purpose.
NR 440.02(34)
(34) “Stationary source" means any building, structure, facility or installation which emits or may emit any air pollutant.
NR 440.02(35)
(35) “Volatile organic compound" or “VOC" means any organic compound which participates in atmospheric photochemical reactions, or which is measured by a reference method, an equivalent method, an alternative method, or which is determined by procedures specified under any section of this chapter.
NR 440.02 History
History: Cr.
Register, January, 1984, No. 337, eff. 2-1-84; am. (intro.), (1), (5), (11) and (35), r. (24),
Register, September, 1990, No. 417; renum. (12) to be (13), cr. (12) and (15m), am. (26),
Register, July, 1993, No. 451, eff. 8-1-9
3; am. (intro.), r. (1), (2), (15), (31), cr. (6m), (13m), (18m), (25m), (26m), r. and recr. (10), renum. (21) to be NR 400.02 (60m) and am.,
Register, December, 1995, No. 480, eff. 1-1-96;
CR 06-109: cr. (5m) and (15) Register May 2008 No. 629, eff. 6-1-08.
NR 440.03
NR 440.03 Units and abbreviations. The definitions contained in
s. NR 400.03 apply to the abbreviations and symbols of units of measure used in this chapter. In addition, the following definitions apply to the units and abbreviations used in this chapter:
NR 440.03(1)
(1) System international (SI) units of measure:
MJ - megajoule—106 joule
P2O5 - phosphorus pentoxide
DNR - Wisconsin department of natural resources
NR 440.03 History
History: Cr.
Register, January, 1984, No. 337, eff. 2-1-84; am. (1) and (2),
Register, September, 1990, No. 417; am.
Register, December, 1995, No. 480, eff. 1-1-96.
NR 440.04
NR 440.04 Addresses. All requests, reports, applications, submittals and other communications to the department under this chapter shall be submitted in duplicate and addressed to the appropriate regional office of the department of natural resources, to the attention of the regional director. The regional offices are:
NR 440.04(1)
(1) DNR South Central Region, 2801 Coho St, Madison WI 53713.
NR 440.04(2)
(2) DNR Northeast Region, 1125 N Military Ave, PO Box 10448, Green Bay WI 54307-0448.
NR 440.04(3)
(3) DNR West Central Region, 1300 Clairemont Ave, Call Box 4001, Eau Claire WI 54702.
NR 440.04(4)
(4) DNR Southeast Region, Air Management Section, 2300 N Dr Martin Luther King Jr Dr, PO Box 12436, Milwaukee WI 53212.
NR 440.04(5)
(5) DNR Northern Region, Hwy 70 West, Box 309, Spooner WI 54801.
NR 440.04 Note
Note:
The counties in each administrative region are:
NR 440.04 Note
(1) South Central Region—Columbia, Crawford, Dane, Dodge, Grant, Green, Iowa, Jefferson, LaFayette, Richland, Rock and Sauk Counties.
NR 440.04 Note
(2) Northeast Region—Brown, Calumet, Door, Fond du Lac, Green Lake, Kewaunee, Manitowoc, Marinette, Marquette, Menominee, Oconto, Outagamie, Shawano, Waupaca, Waushara and Winnebago Counties.
NR 440.04 Note
(3) West Central Region—Adams, Buffalo, Chippewa, Clark, Dunn, Eau Claire, Jackson, Juneau, LaCrosse, Marathon, Monroe, Pepin, Pierce, Portage, St. Croix, Trempealeau, Vernon and Wood Counties.
NR 440.04 Note
(4) Southeast Region—Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Walworth, Washington and Waukesha Counties.
NR 440.04 Note
(5) Northern Region—Ashland, Barron, Bayfield, Burnett, Douglas, Florence, Forest, Iron, Langlade, Lincoln, Oneida, Polk, Price, Rusk, Sawyer, Taylor, Vilas and Washburn Counties.
NR 440.04 History
History: Cr.
Register, January, 1984, No. 337, eff. 2-1-84; am. (1) to (5),
Register, September, 1990, No. 417; correction in (1) made under s. 13.93 (2m) (b) 6., Stats.,
Register, July, 1993, No. 451, eff. 8-1-93; am. (5),
Register, December, 1995, No. 480, eff. 1-1-96.
NR 440.05
NR 440.05 Determination of construction or modification. NR 440.05(1)(1) When requested to do so by an owner or operator, the department shall make a determination of whether action taken or intended to be taken by the owner or operator constitutes construction, including reconstruction, or modification or the commencement thereof within the meaning of this chapter.
NR 440.05(2)
(2) The department shall respond to any request for a determination under
sub. (1) within 30 days of receipt of the request.
NR 440.05 History
History: Cr.
Register, January, 1984, No. 337, eff. 2-1-84.
NR 440.06(1)
(1) When requested to do so by an owner or operator, the department shall review plans for construction or modification for the purpose of providing technical advice to the owner or operator.
NR 440.06(1)(a)
(a) A separate request shall be submitted for each construction or modification project.
NR 440.06(1)(b)
(b) Each request shall identify the location of the project and be accompanied by technical information describing the proposed nature, size, design and method of operation of each affected facility involved in the project, including information on any equipment to be used for measurement or control of emissions.
NR 440.06(2)
(2) Neither a request for plans review nor advice furnished by the department in response to a request shall relieve an owner or operator of legal responsibility for compliance with any provision of this chapter or of any other applicable requirement, or prevent the department from implementing or enforcing any provision of this chapter or taking any other action authorized by the law.
NR 440.06 History
History: Cr.
Register, January, 1984, No. 337, eff. 2-1-84.
NR 440.07
NR 440.07 Notification and recordkeeping. NR 440.07(1)(1) Any owner or operator subject to the provisions of this chapter shall furnish the department written notification or, if acceptable to both the department and the owner or operator of a source, electronic notification, as follows:
NR 440.07(1)(a)
(a) A notification of the date construction, or reconstruction as defined under
s. NR 440.15, of an affected facility is commenced, postmarked no later than 30 days after such date. This requirement does not apply in case of mass-produced facilities which are purchased in completed form.
NR 440.07(1)(c)
(c) A notification of the actual date of initial startup of an affected facility, postmarked within 15 days after such date.
NR 440.07(1)(d)
(d) A notification of any physical or operational change to an existing facility which may increase the emission rate of any air pollutant to which a standard applies, unless that change is specifically exempted under an applicable section of this chapter or in
s. NR 440.14 (5). This notice shall be postmarked 60 days or as soon as practicable before the change is commenced and shall include information describing the precise nature of the change, present and proposed emission control systems, productive capacity of the facility before and after the change, and the expected completion date of the change. The department may request additional relevant information subsequent to this notice.
NR 440.07(1)(e)
(e) A notification of the date upon which demonstration of the continuous monitoring system performance commences in accordance with
s. NR 440.13 (3). Notification shall be postmarked not less than 30 days prior to such date.
NR 440.07(1)(f)
(f) A notification of the anticipated date for conducting the opacity observations required by
s. NR 440.11 (5) (a). The notification shall also include, if appropriate, a request for the department to provide a visible emissions reader during a performance test. The notification shall be postmarked not less than 30 days prior to the anticipated opacity observation date.
NR 440.07(1)(g)
(g) A notification that continuous opacity monitoring system data results will be used to determine compliance with the applicable opacity standard during a performance test required by
s. NR 440.08, in lieu of Method 9 in
40 CFR part 60, Appendix A, incorporated by reference in
s. NR 440.17, observation data, as allowed by
s. NR 440.11 (5) (f). This notification shall be postmarked not less than 30 days prior to the date of the performance test.
NR 440.07(2)
(2) Any owner or operator subject to this chapter shall maintain records of the occurrence and duration of any startup, shutdown or malfunction in the operation of an affected facility, any malfunction of the air pollution control equipment and any periods during which a continuous monitoring system or monitoring device is inoperative.
NR 440.07(3)
(3) Each owner or operator required to install a continuous monitoring device shall submit an excess emissions and monitoring systems performance report (excess emissions are defined in applicable sections) or a summary report form as described in
sub. (4), or both, to the department semiannually, except when: more frequent reporting is specifically required by an applicable section; or the department, on a case-by-case basis, determines that more frequent reporting is necessary to accurately assess the compliance status of the source. All reports shall be postmarked by the 30th day following the end of each 6-month period. Written reports of excess emissions shall include the following information:
NR 440.07(3)(a)
(a) The magnitude of excess emissions computed in accordance with
s. NR 440.13 (8), any conversion factor or factors used, and the date and time of commencement and completion of each time period of excess emissions.
NR 440.07(3)(b)
(b) Specific identification of each period of excess emissions that occurs during startups, shutdowns and malfunctions of the affected facility. The nature and cause of any malfunction, if known, and the corrective action taken or preventative measures adopted.
NR 440.07(3)(c)
(c) The date and time identifying each period during which the continuous monitoring system was inoperative except for zero and span checks and the nature of the system repairs or adjustments.
NR 440.07(3)(d)
(d) When no excess emissions have occurred or the continuous monitoring system or systems have not been inoperative, repaired or adjusted, such information shall be stated in the report.
NR 440.07(4)
(4) The summary report form shall contain the information and be in the format shown in figure 1 unless otherwise specified by the department. One summary report form shall be submitted for each pollutant monitored at each affected facility.
NR 440.07(4)(a)
(a) If the total duration of excess emission for the reporting period is less than 1% of the total operating time for the reporting period and CMS downtime for the reporting period is less than 5% of the total operating time for the reporting period, only the summary report form shall be submitted and the excess emissions and monitoring system performance report described in
sub. (3) need not be submitted unless requested by the department.
NR 440.07(4)(b)
(b) If the total duration of excess emission for the reporting period is 1% or greater of the total operating time for the reporting period or the total CMS downtime for the reporting period is 5% or greater of the total operating time for the reporting period, the summary report form and the excess emissions and monitoring system performance report described in
sub. (3) shall both be submitted.
Figure 1 — Summary Report — Gaseous and Opacity Excess Emission and Monitoring System Performance
Pollutant (circle One -- SO2/NOx/TRS/H2S/CO/Opacity)
Reporting period dates: From to
Company:
Emission Limitation
Address:
Monitor Manufacturer and Model No.
Date of Latest CMS Certification or Audit
Process Unit(s) Description:
Total source operating time in reporting period1.
Emission data summary1
1. Duration of excess emissions in reporting period due to:
a. Startup/shutdown
b. Control equipment problems
c. Process problems
d. Other known causes
e. Unknown causes
2. Total duration of excess emission
3. [Total duration of excess emissions] × (100)/[Total source operating time] (%2):
CMS performance summary1
1. CMS downtime in reporting period due to:
a. Monitor equipment malfunctions
b. Non-monitor equipment malfunctions
