Chapter NR 460

NR 460.07(5) (5) Performance evaluation of continuous monitoring systems.

NR 460.07(5)(a) (a) General. When required by a relevant standard, and at any other time as may be required under section 114 of the act (42 USC 7414), the owner or operator of an affected source being monitored shall conduct a performance evaluation of the CMS. The performance evaluation shall be conducted according to the applicable specifications and procedures described in this section or in the relevant standard.

NR 460.07(5)(b) (b) Notification of performance evaluation. The owner or operator shall notify the department in writing of the date of the performance evaluation simultaneously with the notification of the performance test date required under s. NR 460.06 (2) or at least 30 days prior to the date the performance evaluation is scheduled to begin if no performance test is required.

NR 460.07(5)(c) (c) Submission of site-specific performance evaluation test plan.

NR 460.07(5)(c)1. 1. Before conducting a required CMS performance evaluation, the owner or operator of an affected source shall develop and submit a site-specific performance evaluation test plan to the department for approval upon request. The performance evaluation test plan shall include the evaluation program objectives, an evaluation program summary, the performance evaluation schedule, data quality objectives, and both an internal and external quality assurance program. Data quality objectives are the pre-evaluation expectations of precision, accuracy, and completeness of data.

NR 460.07(5)(c)2. 2. The internal quality assurance program shall include, at a minimum, the activities planned by routine operators and analysts to provide an assessment of CMS performance. The external quality assurance program shall include, at a minimum, systems audits that include the opportunity for on-site evaluation by the department of instrument calibration, data validation, sample logging and documentation of quality control data and field maintenance activities.

NR 460.07(5)(c)3. 3. The owner or operator of an affected source shall submit the site-specific performance evaluation test plan to the department at least 30 days before the performance test or performance evaluation is scheduled to begin, or on a mutually agreed upon date, and review and approval of the performance evaluation test plan by the department shall occur with the review and approval of the site-specific test plan under s. NR 460.06 (2).

NR 460.07(5)(c)4. 4. The department may request additional relevant information after the submittal of a site-specific performance evaluation test plan.

NR 460.07(5)(c)5. 5. In the event that the department fails to approve or disapprove the site-specific performance evaluation test plan within the time period specified under s. NR 460.06 (2), the following conditions shall apply:

NR 460.07(5)(c)5.a. a. If the owner or operator intends to demonstrate compliance using the monitoring methods specified in the relevant standard, the owner or operator shall conduct the performance evaluation within the time specified in this chapter using the specified methods.

NR 460.07(5)(c)5.b. b. If the owner or operator intends to demonstrate compliance by using an alternative to a monitoring method specified in the relevant standard, the owner or operator shall refrain from conducting the performance evaluation until the department approves the use of the alternative method. If the department does not approve the use of the alternative method within 5 days before the performance evaluation is scheduled to begin, the performance evaluation deadlines specified in par. (d) may be extended such that the owner or operator shall conduct the performance evaluation within 60 calendar days after the department approves the use of the alternative method.

NR 460.07(5)(c)5.c. c. Notwithstanding the requirements in subd. 5. b., the owner or operator may proceed to conduct the performance evaluation as required in this section, without the department’s prior approval of the site-specific performance evaluation test plan, if the specified monitoring methods is subsequently chosen instead of an alternative.

NR 460.07(5)(c)6. 6. Neither the submission of a site-specific performance evaluation test plan for approval, nor the department’s approval or disapproval of a plan, nor the department’s failure to approve or disapprove a plan in a timely manner shall cause any of the following:

NR 460.07(5)(c)6.a. a. Relieve an owner or operator of legal responsibility for compliance with any applicable provisions of 40 CFR part 63, chs. NR 460 to 469 or with any other applicable federal, state or local requirement.

NR 460.07(5)(c)6.b. b. Prevent the department from implementing or enforcing 40 CFR part 63, chs. NR 460 to 469 or taking any other action under the act.

NR 460.07(5)(d) (d) Conduct of performance evaluation and performance evaluation dates. The owner or operator of an affected source shall conduct a performance evaluation of a required CMS during any performance test required under s. NR 460.06 in accordance with the applicable performance specification as specified in the relevant standard. If the owner or operator of an affected source elects to submit COMS data for compliance with a relevant opacity emission standard as provided under s. NR 460.05 (6) (f), a performance evaluation shall be conducted of the COMS as specified in the relevant standard, before the performance test required under s. NR 460.06 is conducted, in time to submit the results of the performance evaluation as specified in par. (e) 2. If a performance test is not required, or the requirement for a performance test has been waived under s. NR 460.06 (7), the owner or operator of an affected source shall conduct the performance evaluation not later than 180 days after the appropriate compliance date for the affected source, as specified in s. NR 460.06 (1), or as otherwise specified in the relevant standard.

NR 460.07(5)(e) (e) Reporting performance evaluation results.

NR 460.07(5)(e)1. 1. The owner or operator shall furnish the department a copy of a written report of the results of the performance evaluation simultaneously with the results of the performance test required under s. NR 460.06, or within 60 days of completion of the performance evaluation if no test is required, unless otherwise specified in a relevant standard. The department may request that the owner or operator submit the raw data from a performance evaluation in the report of the performance evaluation results.

NR 460.07(5)(e)2. 2. The owner or operator of an affected source using a COMS to determine opacity compliance during any performance test required under s. NR 460.06 shall furnish the department 2 or, upon request, 3 copies of a written report of the results of the COMS performance evaluation under this subsection. The copies shall be provided at least 15 calendar days before the performance test required under s. NR 460.06 is conducted.

NR 460.07(6) (6) Use of an alternative monitoring method.

NR 460.07(6)(a) (a) Alternatives. After receipt and consideration of written application, the department may approve minor and intermediate alternative monitoring methods or procedures of 40 CFR part 63 or chs. NR 460 to 469 including, but not limited to, any of the following:

NR 460.07 Note Note: Under 40 CFR 63.91 (g) only EPA can approve major alternatives to monitoring methods.

NR 460.07(6)(a)1. 1. Alternative monitoring requirements when installation of a CMS specified by a relevant standard would not provide accurate measurements due to liquid water or other interferences caused by substances within the effluent gases.

NR 460.07(6)(a)2. 2. Alternative monitoring requirements when the affected source is infrequently operated.

NR 460.07(6)(a)3. 3. Alternative monitoring requirements to accommodate CEMS that require additional measurements to correct for stack moisture conditions.

NR 460.07(6)(a)4. 4. Alternative locations for installing CMS when the owner or operator can demonstrate that installation at alternate locations will enable accurate and representative measurements.

NR 460.07(6)(a)5. 5. Alternate methods for converting pollutant concentration measurements to units of the relevant standard.

NR 460.07(6)(a)6. 6. Alternate procedures for performing daily checks of zero (low-level) and high-level drift that do not involve use of high-level gases or test cells.

NR 460.07(6)(a)7. 7. Alternatives to the american society for testing and materials test methods or sampling procedures specified by any relevant standard.

NR 460.07(6)(a)8. 8. Alternative CMS that do not meet the design or performance requirements in 40 CFR part 63 or chs. NR 460 to 469, but adequately demonstrate a definite and consistent relationship between their measurements and the measurements of opacity by a system complying with the requirements as specified in the relevant standard. The department may require that the demonstration be performed for each affected source.

NR 460.07(6)(a)9. 9. Alternative monitoring requirements when the effluent from a single affected source or the combined effluent from 2 or more affected sources is released to the atmosphere through more than one point.

NR 460.07(6)(b) (b) Disputed results. If the department finds reasonable grounds to dispute the results obtained by an alternative monitoring method, requirement or procedure, the department may require the use of a method, requirement or procedure specified in this section or in the relevant standard. If the results of the specified and alternative method, requirement or procedure do not agree, the results obtained by the specified method, requirement or procedure shall prevail.

NR 460.07(6)(c) (c) Request to use alternative monitoring procedure.

NR 460.07(6)(c)1. 1. An owner or operator who wishes to use an alternative monitoring procedure shall submit an application to the department as described in subd. 2. The application may be submitted at any time provided that the monitoring procedure is not the performance test method used to demonstrate compliance with a relevant standard or other requirement. If the alternative monitoring procedure will serve as the performance test method that is to be used to demonstrate compliance with a relevant standard, the application shall be submitted at least 60 days before the performance evaluation is scheduled to begin and shall meet the requirements for an alternative test method under s. NR 460.06 (5).

NR 460.07(6)(c)2. 2. The application shall contain a description of the proposed alternative monitoring system which addresses the 4 elements contained in the definition of monitoring in s. NR 460.02 (24w) and a performance evaluation test plan, if required, as specified in sub. (5) (c). In addition, the application shall include information justifying the owner or operator’s request for an alternative monitoring procedure, such as the technical or economic infeasibility, or the impracticality, of the affected source using the required method.

NR 460.07(6)(c)3. 3. The owner or operator may submit the information required in this subsection well in advance of the submittal dates specified in subd. 1. to ensure a timely review by the department in order to meet the compliance demonstration date specified in this section or the relevant standard.

NR 460.07(6)(c)4. 4. Application for minor changes to monitoring procedures, as specified in sub. (2) (a), may be made in the site-specific performance evaluation plan.

NR 460.07(6)(d) (d) Approval of request to use alternative monitoring procedure.

NR 460.07(6)(d)1. 1. The department shall notify the owner or operator of approval or intention to deny approval of the request to use an alternative monitoring procedure within 30 calendar days after receipt of the original request and within 30 calendar days after receipt of any supplementary information that is submitted. If a request for a minor change is made in conjunction with the site-specific performance evaluation plan, approval of the plan shall constitute approval of the minor change. Before disapproving any request to use an alternative monitoring method, the department shall notify the applicant of the department’s intention to disapprove the request together with all of the following:

NR 460.07(6)(d)1.a. a. Notice of the information and findings on which the intended disapproval is based.

NR 460.07(6)(d)1.b. b. Notice of opportunity for the owner or operator to present additional information to the department before final action on the request. At the time the department notifies the applicant of its intention to disapprove the request, the department shall specify how much time the owner or operator will have after being notified of the intended disapproval to submit the additional information.

NR 460.07(6)(d)2. 2. The department may establish general procedures and criteria in a relevant standard to accomplish the requirements of subd. 1.

NR 460.07(6)(d)3. 3. If the department approves the use of an alternative monitoring method for an affected source under subd. 1., the owner or operator of the source shall continue to use the alternative monitoring method until he or she receives approval from the department to use another monitoring method as allowed under this subsection.

NR 460.07(6)(e) (e) Alternative to the relative accuracy test. An alternative to the relative accuracy test for CEMS specified in a relevant standard may be requested as follows:

NR 460.07(6)(e)1. 1. An alternative to the test method for determining relative accuracy is available for affected sources with emission rates demonstrated to be less than 50% of the relevant standard. The owner or operator of an affected source may petition the department under subd. 2. to substitute the relative accuracy test in section 7 of Performance Specification 2 in Appendix B of 40 CFR part 60, incorporated by reference in s. NR 484.04 (21), with the procedures in section 10 if the results of a performance test conducted according to the requirements in s. NR 460.06, or other tests performed following the criteria in s. NR 460.06, demonstrate that the emission rate of the pollutant of interest in the units of the relevant standard is less than 50% of the relevant standard. For affected sources subject to emission limitations expressed as control efficiency levels, the owner or operator may petition the department to substitute the relative accuracy test with the procedures in section 10 of Performance Specification 2 if the control device exhaust emission rate is less than 50% of the level needed to meet the control efficiency requirement. The alternative procedures do not apply if the CEMS is used continuously to determine compliance with the relevant standard.

NR 460.07(6)(e)2. 2. The petition to use an alternative to the relative accuracy test shall include a detailed description of the procedures to be applied, the location and the procedure for conducting the alternative, the concentration or response levels of the alternative relative accuracy materials, and the other equipment checks included in the alternative procedures. The department shall review the petition for completeness and applicability. The department’s determination to approve an alternative shall depend on the intended use of the CEMS data and may require specifications more stringent than in Performance Specification 2.

NR 460.07(6)(e)3. 3. The department shall review the permission to use an alternative to the CEMS relative accuracy test and may rescind the permission if the CEMS data from a successful completion of the alternative relative accuracy procedure indicate that the affected source’s emissions are approaching the level of the relevant standard. The criterion for reviewing the permission is that the collection of CEMS data shows that emissions have exceeded 70% of the relevant standard for any averaging period, as specified in the relevant standard. For affected sources subject to emission limitations expressed as control efficiency levels, the criterion for reviewing the permission is that the collection of CEMS data shows that exhaust emissions have exceeded 70% of the level needed to meet the control efficiency requirement for any averaging period, as specified in the relevant standard. The owner or operator of the affected source shall maintain records and determine the level of emissions relative to the criterion for permission to use an alternative for relative accuracy testing. If this criterion is exceeded, the owner or operator shall notify the department within 10 days of the occurrence and include a description of the nature and cause of the increased emissions. The department shall review the notification and may rescind permission to use an alternative and require the owner or operator to conduct a relative accuracy test of the CEMS as specified in section 7 of Performance Specification 2 in Appendix B of 40 CFR part 60, incorporated by reference in s. NR 484.04 (21).

NR 460.07(7) (7) Reduction of monitoring data.

NR 460.07(7)(a) (a) The owner or operator of each CMS shall reduce the monitoring data as specified in this subsection.

NR 460.07(7)(b) (b) The owner or operator of each COMS shall reduce all data to 6-minute averages calculated from 36 or more data points equally spaced over each 6-minute period. Data from CEMS for measurement other than opacity, unless otherwise specified in the relevant standard, shall be reduced to 1-hour averages computed from 4 or more data points equally spaced over each 1-hour period, except during periods when calibration, quality assurance or maintenance activities pursuant to provisions of 40 CFR part 63 or chs. NR 460 to 469 are being performed. During these periods, a valid hourly average shall consist of at least 2 data points with each representing a 15-minute period. Alternatively, an arithmetic or integrated 1-hour average of CEMS data may be used. Time periods for averaging are defined in s. NR 460.02.

NR 460.07(7)(c) (c) The data may be recorded in reduced or nonreduced form.

NR 460.07(7)(d) (d) All emission data shall be converted into units of the relevant standard for reporting purposes using the conversion procedures specified in that standard. After conversion into units of the relevant standard, the data may be rounded to the same number of significant digits as used in that standard to specify the emission limit.

NR 460.07(7)(e) (e) Monitoring data recorded during periods of unavoidable CMS breakdowns, out-of-control periods, repairs, maintenance periods, calibration checks and zero (low-level) and high-level adjustments may not be included in any data average computed under 40 CFR part 63 or under chs. NR 460 to 469. For owners or operators complying with the requirements of s. NR 460.09 (2) (b) 7., data averages shall include any data recorded during periods of monitor breakdown or malfunction.

NR 460.07 History History: Cr. Register, March, 1997, No. 495, eff. 4-1-97; CR 00-175: am. (6) (a) (intro.), (c) 1., and (7) (e) Register March 2002 No. 555, eff. 4-1-02; corrections in (6) (e) 1. and 3. made under s. 13.93 (2m) (b) 7., Stats., Register March 2002 No. 555; CR 05-039: am. (2) (a) (intro.), 2., (b) 1., 2. (intro.), (3) (a) 1., (f), (6) (c) 1., 2., (d) 1. (intro.), and (7) (a), r. and recr. (3) (a) 2. and 3., renum. (3) (b) to be (3) (b) 1., cr. (3) (b) 2. and (6) (c) 4., Register February 2006 No. 602, eff. 3-1-06; CR 07-105: am. (3) (a) 3. Register December 2008 No. 636, eff. 1-1-09.

NR 460.08 NR 460.08 Notification requirements.

NR 460.08(1) (1) Applicability and general information.

NR 460.08(1)(a) (a) The requirements in this section apply to owners and operators of affected sources that are subject to the provisions of 40 CFR part 63 and chs. NR 460 to 469, unless specified otherwise in a relevant standard.

NR 460.08(1)(b) (b) For affected sources that have been granted an extension of compliance under Subpart D of 40 CFR part 63, the requirements of this section do not apply to those sources while they are operating under compliance extensions.

NR 460.08(2) (2) Initial notifications.

NR 460.08(2)(a) (a)

NR 460.08(2)(a)1. 1. The requirements of this subsection apply to the owner or operator of an affected source when the source becomes subject to a relevant standard.

NR 460.08(2)(a)2. 2. If an area source that otherwise would be subject to an emission standard or other requirement established under 40 CFR part 63 or chs. NR 460 to 469 if it were a major source subsequently increases its emissions of hazardous air pollutants, or its potential to emit hazardous air pollutants, such that the source is a major source that is subject to the emission standard or other requirement, the source shall be subject to the notification requirements of this section.

NR 460.08(2)(a)3. 3. Affected sources that are required under this subsection to submit an initial notification may use the application for approval of construction or reconstruction under ch. NR 406, if relevant, to fulfill the initial notification requirements of this subsection.

NR 460.08(2)(b) (b) The owner or operator of an affected source that has an initial startup before the effective date of a relevant standard under 40 CFR part 63 shall notify the department in writing that the source is subject to the relevant standard. The notification, which shall be submitted not later than 120 calendar days after the effective date of the relevant standard, or within 120 calendar days after the source becomes subject to the relevant standard, shall provide all of the following information:

NR 460.08(2)(b)1. 1. The name and address of the owner or operator.

NR 460.08(2)(b)2. 2. The address where the affected source is located.

NR 460.08(2)(b)3. 3. An identification of the relevant standard, or other requirement, that is the basis of the notification and the source’s compliance date.

NR 460.08(2)(b)4. 4. A brief description of the nature, size, design, and method of operation of the source, and an identification of the types of emission points within the affected source subject to the relevant standard and types of hazardous air pollutants emitted.

NR 460.08(2)(b)5. 5. A statement of whether the affected source is a major source or an area source.

NR 460.08(2)(d) (d) The owner or operator of a new or reconstructed major affected source for which an application for approval of construction or reconstruction is required under s. 285.61 (1), Stats., shall provide all of the following information in writing to the department:

NR 460.08(2)(d)1. 1. A notification of intention to construct a new major affected source, reconstruct a major affected source or reconstruct a major source such that the source becomes a major affected source with the application for approval of construction or reconstruction as specified in s. 285.61 (1), Stats.

NR 460.08(2)(d)5. 5. A notification of the actual date of startup of the source, delivered or postmarked within 15 calendar days after that date.

NR 460.08(2)(e) (e) The owner or operator of a new or reconstructed affected source for which an application for approval of construction or reconstruction is not required under s. NR 406.03 shall provide all of the following information in writing to the department:

NR 460.08(2)(e)1. 1. A notification of intention to construct a new affected source, reconstruct an affected source or reconstruct a source such that the source becomes an affected source.

NR 460.08(2)(e)2. 2. A notification of the actual date of startup of the source, delivered or postmarked within 15 calendar days after that date.

NR 460.08(2)(e)3. 3. Unless the owner or operator has requested and received prior permission from the department to submit less than the information in s. 285.61 (1), Stats., the notification shall include the information required on the application for approval of construction or reconstruction as specified in s. 285.61 (1), Stats.

NR 460.08(3) (3) Request for a compliance date extension. If the owner or operator of an affected source cannot comply with a relevant standard by the applicable compliance date for that source, or if the owner or operator has installed BACT or technology to meet LAER consistent with s. NR 460.05 (7) (d), the owner or operator may submit to the department a request for an extension of the compliance date as specified in s. NR 460.05 (7) (c) to (em).

NR 460.08(4) (4) Notification that source is subject to special compliance requirements. An owner or operator of a new MACT source that is subject to special compliance requirements as specified in s. NR 460.05 (2) (c) and (d) shall notify the department of the compliance obligations not later than the notification dates established in sub. (2) for new MACT sources that are not subject to the special provisions.

NR 460.08(5) (5) Notification of performance test. The owner or operator of an affected source shall notify the department in writing of his or her intention to conduct a performance test at least 30 calendar days before the performance test is scheduled to begin to allow the department to review and approve the site-specific test plan required under s. NR 460.06 (2) and to have an observer present during the test.

NR 460.08(6) (6) Notification of opacity and visible emission observations. The owner or operator of an affected source shall notify the department in writing of the anticipated date for conducting the opacity or visible emission observations specified in s. NR 460.05 (6) (d), if the observations are required for the source by a relevant standard. The notification shall be submitted with the notification of the performance test date, as specified in sub. (5), or if no performance test is required or visibility or other conditions prevent the opacity or visible emission observations from being conducted concurrently with the initial performance test required under s. NR 460.06, the owner or operator shall deliver or postmark the notification not less than 30 days before the opacity or visible emission observations are scheduled to take place.

NR 460.08(7) (7) Additional notification requirements for sources with continuous monitoring systems. The owner or operator of an affected source required to use a continuous monitoring system by a relevant standard shall furnish the department written notification of all of the following:

NR 460.08(7)(a) (a) A notification of the date the continuous monitoring system performance evaluation under s. NR 460.07 (5) is scheduled to begin, submitted simultaneously with the notification of the performance test date required under s. NR 460.06 (2). If no performance test is required, or if the requirement to conduct a performance test has been waived for an affected source under s. NR 460.06 (7), the owner or operator shall notify the department in writing of the date of the performance evaluation at least 30 calendar days before the evaluation is scheduled to begin.

NR 460.08(7)(b) (b) A notification that continuous opacity monitoring system data results will be used to determine compliance with the applicable opacity emission standard during a performance test required by s. NR 460.06 in lieu of Method 9 or other opacity emissions test method data, as allowed by s. NR 460.05 (6) (f) 2., if compliance with an opacity emission standard is required for the source by a relevant standard. The notification shall be submitted at least 30 calendar days before the performance test is scheduled to begin.

NR 460.08(7)(c) (c) A notification that the criterion necessary to continue use of an alternative to relative accuracy testing, as provided by s. NR 460.07 (6) (e), has been exceeded. The notification shall be delivered or postmarked not later than 10 days after the occurrence of the exceedance, and it shall include a description of the nature and cause of the increased emissions.

NR 460.08(8) (8) Notification of compliance status.

NR 460.08(8)(a) (a) The requirements of pars. (b) and (c) apply when an affected source becomes subject to a relevant standard.

NR 460.08(8)(b) (b)

NR 460.08(8)(b)1. 1. Before a part 70 permit has been issued to the owner or operator of an affected source, and each time a notification of compliance status is required under 40 CFR part 63 or chs. NR 460 to 469, the owner or operator of the source shall submit to the department a notification of compliance status, signed by the responsible official who shall certify its accuracy, attesting to whether the source has complied with the relevant standard. The notification shall list all of the following:

NR 460.08(8)(b)1.a. a. The methods that were used to determine compliance.