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
c. Quality assurance calibration
d. Other known causes
e. Unknown causes
2. Total CMS downtime
3. [Total CMS downtime] (100)/[Total source operating time] (%2):
1For opacity, record all times in minutes. For gases, record all times in hours.
2For the reporting period: If the total duration of excess emissions is 1% or greater of the total operating time or the total CMS downtime is 5% or greater of the total operating time, both the summary report form and the excess emission report described in sub. (3) shall be submitted.
On a separate page, describe any changes since last quarter in CMS, process or controls. I certify that the information contained in this report is true, accurate, and complete.
Name
Signature
Title
Date
NR 440.07(5)(a)(a) Notwithstanding the frequency of reporting requirements specified in
sub. (3), an owner or operator who is required by an applicable section to submit excess emissions and monitoring systems performance reports and summary reports on a quarterly, or more frequent, basis may reduce the frequency of reporting for that standard to semiannual if the conditions in
subds. 1. and
2. are met. The department does not object to a reduced frequency of reporting for the affected facility, as provided in
par. (b).
NR 440.07(5)(a)1.
1. For 1 full year (for example, 4 quarterly or 12 monthly reporting periods), the affected facility's excess emissions and monitoring systems reports submitted to comply with a standard under this chapter continually demonstrate that the facility is in compliance with the applicable standard.
NR 440.07(5)(a)2.
2. The owner or operator continues to comply with all recordkeeping and monitoring requirements specified in this section and the applicable standard.
NR 440.07(5)(b)
(b) The frequency of reporting of excess emissions and monitoring systems performance and summary reports may be reduced only after the owner or operator notifies the department in writing of the intention to make a change and the department does not object to the intended change. In deciding whether to approve a reduced frequency of reporting, the department may review information concerning the source's entire previous performance history during the required recordkeeping period prior to the intended change, including performance test results, monitoring data and evaluations of an owner or operator's conformance with operation and maintenance requirements. This information may be used by the department to make a judgement about the source's potential for noncompliance in the future. If the department disapproves the owner or operator's request to reduce the frequency of reporting, the department will notify the owner or operator in writing within 45 days after receiving notice of the owner or operator's intention. The notification from the department to the owner or operator will specify the grounds on which the disapproval is based. In the absence of a notice of disapproval within 45 days, approval is automatically granted.
NR 440.07(5)(c)
(c) As soon as monitoring data indicate that the affected facility is not in compliance with any emission limitation or operating parameter specified in the applicable standard, the frequency of reporting shall revert to the frequency specified in the applicable standard, and the owner or operator shall submit an excess emissions and monitoring systems performance report, and summary report if required, at the next appropriate reporting period following the noncomplying event. After demonstrating compliance with the applicable standard for another full year, the owner or operator may again request approval from the department to reduce the frequency of reporting for that standard as provided for in
pars. (a) and
(b).
NR 440.07(6)(a)(a) Any owner or operator subject to this chapter shall maintain a file of all measurements, including continuous monitoring system, monitoring device and performance testing measurements; all continuous monitoring system performance evaluations; all continuous monitoring system or monitoring device calibration checks; adjustments and maintenance performed on these systems or devices; and all other information required by this chapter recorded in a permanent form suitable for inspection. The file shall be retained for at least 2 years following the date of such measurements, maintenance, reports and records, except as provided for in
pars. (b) to
(d).
NR 440.07(6)(b)
(b) This paragraph applies to owners or operators required to install a continuous emissions monitoring system (CEMS) where the CEMS installed is automated, and where the calculated data averages do not exclude periods of CEMS breakdown or malfunction. An automated CEMS records and reduces the measured data to the form of the pollutant emission standard through the use of a computerized data acquisitions system. In lieu of maintaining a file of all CEMS subhourly measurements, as required under
par. (a), the owner or operator shall retain the most recent consecutive 3 averaging periods of subhourly measurements and a file that contains a hard copy of the data acquisition system algorithm used to reduce the measured data into the reportable form of the standard.
NR 440.07(6)(c)
(c) This paragraph applies to owners or operators required to install a continuous emissions monitoring system (CEMS) where the measured data is manually reduced to obtain the reportable form of the standard, and where the calculated data averages do not exclude periods of CEMS breakdown or malfunction. In lieu of maintaining a file of all CEMS subhourly measurements, as required under
par. (a), the owner or operator shall retain all subhourly measurements for the most recent reporting period. The subhourly measurements shall be retained for 120 days from the date of the most recent summary or excess emission report submitted to the department.
NR 440.07(6)(d)
(d) The department, upon notification to the source, may require the owner or operator to maintain all measurements, as required under
par. (a), if the department determines these records are required to more accurately assess the compliance status of the affected source.
NR 440.07(7)
(7) Individual sections of this chapter may include specific provisions which clarify or make inapplicable the provisions set forth in this section.
NR 440.07 History
History: Cr.
Register, January, 1984, No. 337, eff. 2-1-84; cr. (5),
Register, September, 1986, No. 369, eff. 10-1-86; cr. (1) (f) and (g),
Register, September, 1990, No. 417; r. and recr. (3) (intro. ), cr. (3) (am) and (4), renum. (4) and (5) to be (5) and (6),
Register, July, 1993, No. 451, eff. 8-1-93; am. (4) (b) Figure 1,
Register, December, 1995, No. 480, eff. 1-1-96;
CR 06-109: am. (1) (intro.) and (3) (intro.), r. (1) (b), renum. (5) and (6) to be (6) (a) and (7) and am. (6) (a), cr. (5) and (6) (b) to (d) Register May 2008 No. 629, eff. 6-1-08. NR 440.08(1)
(1) Within 60 days after achieving the maximum production rate at which the affected facility will be operated, but not later than 180 days after initial startup of the facility and at such other times as may be required by the department, the owner or operator of the facility shall conduct performance tests and furnish the department a written report of the results of the performance tests.
NR 440.08(2)
(2) Except as provided in
sub. (2m), performance tests shall be conducted and data reduced in accordance with the test methods and procedures contained in each applicable section of this chapter unless the department specifies or approves, in specific cases, the use of a reference method with minor changes in methodology or waives the requirement for performance tests because the owner or operator of a source has demonstrated by other means to the department's satisfaction that the affected facility is in compliance with the standard, or the department approves shorter sampling times and smaller sampling volumes when necessitated by process variables, or unless the administrator:
NR 440.08(2)(b)
(b) Approves the use of an alternative method the results of which the administrator has determined to be adequate for indicating whether a specific source is in compliance.
NR 440.08(2m)
(2m) The owner or operator of a facility may use a version of an ASTM method not specified in the applicable section of this chapter if the version is allowed under
40 CFR part 60, is incorporated by reference in
40 CFR 60.17 (a), and the version predates the version specified in the applicable section of this chapter. An owner or operator choosing to use a version of an ASTM method under this subsection is not required to obtain department or administrator approval under
sub. (2).
NR 440.08(3)
(3) Performance tests shall be conducted under such conditions as the department shall specify to the plant operator based on representative performance of the affected facility. The owner or operator shall make available to the department such records as may be necessary to determine the conditions of the performance tests. Operations during periods of startup, shutdown and malfunction do not constitute representative conditions for the purpose of a performance test nor will emissions in excess of the level of the applicable emission limit during periods of startup, shutdown and malfunction be considered a violation of the applicable emission limit unless otherwise specified in the applicable standard.
NR 440.08(4)
(4) The owner or operator of an affected facility shall provide the department at least 30 days prior notice of any performance tests, except as specified under other sections of this chapter, to afford the department the opportunity to have an observer present. If after 30 days notice for an initially scheduled performance test, there is a delay in conducting the scheduled performance test, the owner or operator of an affected facility shall notify the department as soon as possible of any delay in the original test date, either by providing at least 7 days prior notice of the rescheduled date of the performance test, or by arranging a rescheduled date with the department by mutual agreement.
NR 440.08(5)
(5) The owner or operator of the affected facility shall provide, or cause to be provided, performance testing facilities as follows:
NR 440.08(5)(a)
(a) Sampling ports adequate for test methods applicable to the facility. This includes:
NR 440.08(5)(a)1.
1. Constructing the air pollution control system such that the volumetric flow rates and pollution emission rates can be accurately determined by applicable test methods and procedures, and
