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
NR 440.08(5)(a)2.
2. Providing a stack or duct free of cyclonic flow during performance tests, as demonstrated by applicable test method procedures.
NR 440.08(6)
(6) Unless otherwise specified in an applicable section of this chapter, each performance test shall consist of 3 separate runs using the applicable test method. Each run shall be conducted for the time and under the conditions specified in the applicable standard. For the purpose of determining compliance with an applicable standard, the arithmetic means of results of the 3 runs shall apply. In the event that a sample is accidentally lost or conditions occur in which one of the 3 runs must be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions or other circumstances beyond the owner or operator's control, compliance may, upon the department's approval, be determined using the arithmetic mean of the results of the 2 other runs.
NR 440.08 History
History: Cr.
Register, January, 1984, No. 337, eff. 2-1-84; am. (2), renum, (5) (e) to be (6),
Register, September, 1990, No. 417, eff. 10-1-90; am. (2) (intro.) and (5) (a),
Register, July, 1993, No. 451, eff. 8-1-93;
CR 06-109: am. (2) (intro.) and (4), cr. (2m) Register May 2008 No. 629, eff. 6-1-08. NR 440.09(1)
(1) If the department has reason to believe that a violation of this chapter has occurred, it may proceed under s.
285.83, Stats.
NR 440.09(2)
(2) Any person who violates any provision of this chapter is subject to the penalties provided under s.
285.87, Stats.
NR 440.09 History
History: Cr.
Register, January, 1984, No. 337, eff. 2-1-84.
NR 440.10
NR 440.10 Other requirements apply. NR 440.10(1)
(1) Exemption or the granting of an exemption from any requirement of this chapter does not relieve any person from compliance with other requirements under this chapter or with requirements under
chs. NR 400 to
439 or
445 to
499 or ch.
285 or
s. 299.15, Stats.
NR 440.10(2)
(2) In cases where an emission limitation or other requirement set in
chs. NR 400 to
439 or
445 to
499, a permit, plan approval or special order also applies to a source or facility affected by this chapter, the more restrictive limitation shall be met.
NR 440.10 History
History: Cr.
Register, January, 1984, No. 337, eff. 2-1-84; am.
Register, September, 1986, No. 369, eff. 10-1-86; am. (1),
Register, September, 1990, No. 417, eff. 10-1-90; am. (1),
Register, July, 1993, No. 451, eff. 8-1-93;
CR 06-109: am. (1) and (2) Register May 2008 No. 629, eff. 6-1-08. NR 440.11
NR 440.11 Compliance with standards and maintenance requirements. NR 440.11(1)
(1) Compliance with standards in this chapter, other than opacity standards, shall be determined only by performance tests established by
s. NR 440.08, unless otherwise specified in the applicable standard.
NR 440.11(2)
(2) Compliance with opacity standards in this chapter shall be determined by conducting observations in accordance with Method 9 in
40 CFR part 60, Appendix A, incorporated by reference in
s. NR 440.17 (1), with any alternative method that is approved by the administrator, or as provided in
sub. (5) (e). For purposes of determining initial compliance, the minimum total time of observations shall be 3 hours (30 6-minute averages) for the performance test or other set of observations (meaning those fugitive-type emission sources subject only to an opacity standard).
NR 440.11(3)
(3) The opacity standards set forth in this chapter shall apply at all times except during periods of startup, shutdown, malfunction and as otherwise provided in the applicable standard.
NR 440.11(4)
(4) At all times, including periods of startup, shutdown and malfunction, owners and operators shall, to the extent practicable, maintain and operate any affected facility including associated air pollution control equipment in a manner consistent with good air pollution control practice for minimizing emissions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the department which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures and inspection of the source.
NR 440.11(5)(a)(a) For the purpose of demonstrating initial compliance, opacity observations shall be conducted concurrently with the initial performance test required in
s. NR 440.08, unless one of the following conditions apply:
NR 440.11(5)(a)1.
1. If no performance test under
s. NR 440.08 is required, then opacity observations shall be conducted within 60 days after achieving the maximum production rate at which the affected facility will be operated, but no later than 180 days after initial startup of the facility.
NR 440.11(5)(a)2.
2. If visibility or other conditions prevent the opacity observations from being conducted concurrently with the initial performance test required under
s. NR 440.08, the owner or operator of an affected facility shall reschedule the opacity observations as soon after the initial performance test as possible, but not later than 30 days thereafter, and shall advise the department of the rescheduled date.
NR 440.11(5)(b)
(b) When the conditions specified in
par. (a) 1. or
2. are met, the 30-day prior notification to the department required in
s. NR 440.07 (1) (f) shall be waived. A rescheduled opacity observation shall be conducted, to the extent possible, under the same operating conditions that existed during the initial performance test conducted under
s. NR 440.08. The visible emissions observer shall determine whether visibility or other conditions prevent the opacity observations from being made concurrently with the initial performance test in accordance with procedures contained in Method 9 of Appendix A,
40 CFR part 60, incorporated by reference in
s. NR 440.17 (1). Opacity readings of portions of plumes which contain condensed, uncombined water vapor may not be used for purposes of determining compliance with opacity standards. The owner or operator of an affected facility shall make available, upon request by the department, such records as may be necessary to determine the conditions under which the visual observations were made and shall provide evidence indicating proof of current visible emissions observer certification. Except as provided in
par. (f), the results of continuous monitoring by transmissometer which indicate that the opacity at the time visual observations were made was not in excess of the standard are probative but not conclusive evidence of the actual opacity of an emission, provided that the owner or operator shall meet the burden of proving that the instrument used meets, at the time of the alleged violation indicated by visual observation, Performance Specification 1 in Appendix B,
40 CFR part 60, incorporated by reference in
s. NR 440.17 (1), has been properly maintained and that the resulting data collected at the time of the alleged violation have not been altered in any way.
NR 440.11(5)(c)
(c) Except as provided in
par. (d), the owner or operator of an affected facility to which an opacity standard in this chapter applies shall conduct opacity observations in accordance with
sub. (2), shall record the opacity of emissions, and shall report to the department the opacity results along with the results of the initial performance test required under
s. NR 440.08. The inability of an owner or operator to secure a visible emissions observer may not be considered a reason for not conducting the opacity observations concurrently with the initial performance test.
NR 440.11(5)(d)
(d) The owner or operator of an affected facility to which an opacity standard in this chapter applies may request the department to determine and to record the opacity of emissions from the affected facility during the initial performance test and at such times as may be required. The owner or operator of the affected facility shall report the opacity results to the department. Any request to the department to determine and to record the opacity of emissions from an affected facility shall be included in the notification required in
s. NR 440.07 (1) (f). If the department cannot determine and record the opacity of emissions from the affected facility during the performance test, then the provisions of
pars. (a) and
(b) shall apply.
NR 440.11(5)(e)
(e) An owner or operator of an affected facility using a continuous opacity monitor (transmissometer) shall record the monitoring data produced during the initial performance test required by
s. NR 440.08 and shall furnish the department a written report of the monitoring results along with the results obtained using Method 9 of Appendix A,
40 CFR part 60, incorporated by reference in
s. NR 440.17, and
s. NR 440.08 performance test results.
NR 440.11(5)(f)
(f) An owner or operator of an affected facility subject to an opacity standard may submit, for compliance purposes, continuous opacity monitoring system (COMS) data results produced during any performance test required under
s. NR 440.08 in lieu of Method 9 of Appendix A,
40 CFR part 60, incorporated by reference in
s. NR 440.17 (1), observation data. If an owner or operator elects to submit COMS data for compliance with the opacity standard, he or she shall notify the department of that decision, in writing, at least 30 days before any performance test required under
s. NR 440.08 is conducted. Once the owner or operator of an affected facility has notified the department to that effect, the department shall use the COMS data results to determine compliance with the opacity standard during subsequent tests required under
s. NR 440.08, until the owner or operator notifies the department, in writing, to the contrary. For the purpose of determining compliance with the opacity standard during a performance test required under
s. NR 440.08 using COMS data, the minimum total time of COMS data collection shall be sufficient to include the averages of all 6-minute continuous periods within the duration of the mass emission performance test. Results of the COMS opacity determinations shall be submitted along with the results of the performance test required under
s. NR 440.08. The owner or operator of an affected facility using a COMS for compliance purposes is responsible for demonstrating that the COMS meets the requirements specified in
s. NR 440.13 (3), that the COMS has been properly maintained and operated, and that the resulting data have not been altered in any way. If COMS data results are submitted for compliance with the opacity standard for a period of time during which Method 9 of Appendix A,
40 CFR part 60, incorporated by reference in
s. NR 440.17 (1), data indicate noncompliance, the Method 9 data shall be used to determine compliance with the opacity standard.
NR 440.11(5)(g)
(g) Upon receipt from an owner or operator of the written reports of the results of the performance tests required by
s. NR 440.08, the opacity observation results and observer certification required by
sub. (5) (b), and the COMS results, if applicable, the department shall make a finding concerning compliance with opacity and other applicable standards. If COMS data results are used to comply with an opacity standard, only those results are required to be submitted along with the performance test results required by
s. NR 440.08. If the department finds that an affected facility is in compliance with all applicable standards for which performance tests are conducted in accordance with
s. NR 440.08, but during the time such performance tests are being conducted fails to meet any applicable opacity standard, the department shall notify the owner or operator and advise him or her that he or she may petition the administrator within 10 days of receipt of notification to make appropriate adjustment to the opacity standard for the affected facility.
NR 440.11 Note
Note:
Under
40 CFR 60.11 (e) (7) and (8), the administrator will grant a petition for adjustment of the opacity standard for an affected facility upon a demonstration by the owner or operator that the facility and associated air pollution control equipment were operated and maintained in a manner to minimize the opacity of emissions during the performance tests; that the performance tests were performed under the conditions established by the department; and that the affected facility and associated air pollution control equipment were incapable of being adjusted or operated to meet the applicable opacity standard. The administrator will establish an opacity standard for the affected facility at a level at which the source will be able, as indicated by the performance and opacity tests, to meet the opacity standard at all times during which the source is meeting the applicable mass or concentration emission standard. The administrator will promulgate the new opacity standard in the federal register.
NR 440.11(6)
(6) Special provisions set forth under an applicable section of this chapter shall supersede any conflicting provisions of this section.
NR 440.11 History
History: Cr.
Register, January, 1984, No. 337, eff. 2-1-84; cr. (6),
Register, September, 1986, No. 369, eff. 10-1-86; am. (2), r. and recr. (5),
Register, September, 1990, No. 417, eff. 10-1-90;
CR 06-109: am. (2) and (5) (b) and (f) Register May 2008 No. 629, eff. 6-1-08. NR 440.12
NR 440.12 Circumvention. No owner or operator subject to the provisions of this chapter may build, erect, install or use any article, machine, equipment or process, the use of which conceals an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere.
NR 440.12 History
History: Cr.
Register, January, 1984, No. 337, eff. 2-1-84.
NR 440.13(1)
(1) For the purposes of this section, all continuous monitoring systems required under applicable sections of this chapter shall be subject to the provisions of this section upon promulgation of performance specifications for continuous monitoring systems under
40 CFR part 60, Appendix B, incorporated by reference in
s. NR 440.17, unless otherwise specified in an applicable section or by the department. If the continuous monitoring system is used to determine compliance with emission limits on a continuous basis, the quality assurance requirements of
40 CFR part 60, Appendix F, incorporated by reference in
s. NR 440.17, apply unless an applicable section or the department specify otherwise.
NR 440.13(2)
(2) All continuous monitoring systems and monitoring devices shall be installed and operational prior to conducting performance tests under
s. NR 440.08. Verification of operational status shall, at a minimum, include completion of the manufacturer's written requirements or recommendations for installation, operation and calibration of the device.
NR 440.13(3)
(3) If the owner or operator of an affected facility elects to submit continuous opacity monitoring system (COMS) data for compliance with the opacity standard as provided under
s. NR 440.11 (5) (f), the owner or operator shall conduct a performance evaluation of the COMS as specified in Performance Specification 1, Appendix B,
40 CFR part 60, incorporated by reference in
s. NR 440.17, before the performance test required under
s. NR 440.08 is conducted. Otherwise, the owner or operator of an affected facility shall conduct a performance evaluation of the COMS or continuous emission monitoring system (CEMS) during any performance test required under s. NR. 440.08 or within 30 days thereafter in accordance with the applicable performance specification in Appendix B,
40 CFR part 60, incorporated by reference in
s. NR 440.17. The owner or operator of an affected facility shall conduct COMS or CEMS performance evaluations at such other times as may be required by the department.
NR 440.13(3)(a)
(a) The owner or operator of an affected facility using a COMS to determine opacity compliance during any performance test required under
s. NR 440.08 and as described in
s. NR 440.11 (5) (f) shall furnish the department 2 or, upon request, more copies of a written report of the results of the COMS performance evaluation described in this subsection at least 10 days before the performance test required under
s. NR 440.08 is conducted.
NR 440.13(3)(b)
(b) Except as provided in
par. (a), the owner or operator of an affected facility shall furnish the department within 60 days of completion 2 or, upon request, more copies of a written report of the results of the performance evaluation.
