Chapter NR 460

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.

NR 460.08(8)(b)1.b. b. The results of any performance tests, opacity or visible emission observations, continuous monitoring system performance evaluations, and other monitoring procedures or methods that were conducted.

NR 460.08(8)(b)1.c. c. The methods that will be used for determining continuing compliance, including a description of monitoring and reporting requirements and test methods.

NR 460.08(8)(b)1.d. d. The type and quantity of hazardous air pollutants emitted by the source, or surrogate pollutants if specified in the relevant standard, reported in units and averaging times and in accordance with the test methods specified in the relevant standard.

NR 460.08(8)(b)1.e. e. If the relevant standard applies to both major and area sources, an analysis demonstrating whether the affected source is a major source, using the emissions data generated for this notification.

NR 460.08(8)(b)1.f. f. A description of the air pollution control equipment or method for each emission point, including each control device or method for each hazardous air pollutant and the control efficiency (percent) for each control device or method.

NR 460.08(8)(b)1.g. g. A statement by the owner or operator of the affected existing, new or reconstructed source as to whether the source has complied with the relevant standard or other requirements.

NR 460.08(8)(b)2. 2. The notification shall be sent before the close of business on the 60th day following the completion of the relevant compliance demonstration activity specified in the relevant standard, unless a different reporting period is specified in the standard, in which case the letter shall be sent before the close of business on the day the report of the relevant testing or monitoring results is required to be delivered or postmarked. For example, the notification shall be sent before close of business on the 60th, or other required, day following completion of the initial performance test and again before the close of business on the 60th, or other required, day following the completion of any subsequent required performance test. If no performance test is required but opacity or visible emission observations are required to demonstrate compliance with an opacity or visible emission standard under 40 CFR part 63 or chs. NR 460 to 469, the notification of compliance status shall be sent before close of business on the 30th day following the completion of opacity or visible emission observations. Notifications may be combined as long as the due date requirement for each notification is met.

NR 460.08(8)(c) (c) After a part 70 permit has been issued to the owner or operator of an affected source, the owner or operator of the source shall comply with all requirements for compliance status reports contained in the source’s part 70 permit, including reports required under 40 CFR part 63 or chs. NR 460 to 469. After 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 the notification of compliance status to the department following completion of the relevant compliance demonstration activity specified in the relevant standard.

NR 460.08(8)(d) (d) If an owner or operator of an affected source submits estimates or preliminary information in the application for approval of construction or reconstruction required in ch. NR 406 in place of the actual emissions data or control efficiencies, the owner or operator shall submit the actual emissions data and other correct information as soon as available but no later than with the initial notification of compliance status required in this section.

NR 460.08(8)(e) (e) Advice on a notification of compliance status may be obtained from the department.

NR 460.08(9) (9) Adjustment to time periods or postmark deadlines for submittal and review of required communications.

NR 460.08(9)(a) (a) An owner or operator shall request the adjustment provided for in pars. (b) and (c) each time he or she wishes to change an applicable time period or postmark deadline specified in chs. NR 460 to 469 or in 40 CFR part 63.

NR 460.08(9)(b) (b) Notwithstanding time periods or postmark deadlines specified in chs. NR 460 to 469 or 40 CFR part 63 for the submittal of information to the department by an owner or operator, or the review of the information by the department, time periods or deadlines may be changed by mutual agreement between the owner or operator and the department. An owner or operator who wishes to request a change in a time period or postmark deadline for a particular requirement shall request the adjustment in writing as soon as practicable before the subject activity is required to take place. The owner or operator shall include in the request whatever information he or she considers useful to convince the department that an adjustment is warranted.

NR 460.08(9)(c) (c) If, in the department’s judgment, an owner or operator’s request for an adjustment to a particular time period or postmark deadline is warranted, the department shall approve the adjustment. The department shall notify the owner or operator in writing of approval or disapproval of the request for an adjustment within 15 calendar days of receiving sufficient information to evaluate the request.

NR 460.08(9)(d) (d) If the department is unable to meet a specified deadline, it shall notify the owner or operator of any significant delay and inform the owner or operator of the amended schedule.

NR 460.08(10) (10) Change in information already provided. Any change in the information already provided under this section shall be provided to the department in writing within 15 calendar days after the change.

NR 460.08 History History: Cr. Register, March, 1997, No. 495, eff. 4-1-97; CR 00-175: r. (2) (d) 4. Register March 2002 No. 555, eff. 4-1-02; CR 05-039: am. (2) (b) 4., (d) (intro.), 1., (e), (8) (b) 1. e. and 2., r. (2) (c), (d) 2. and 3., Register February 2006 No. 602, eff. 3-1-06.

NR 460.09 NR 460.09 Recordkeeping and reporting requirements.

NR 460.09(1) (1) Applicability and general information.

NR 460.09(1)(a) (a) The requirements of this section apply to owners or operators of affected sources who are subject to the provisions of 40 CFR part 63 or chs. NR 460 to 469, unless specified otherwise in a relevant standard.

NR 460.09(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 460.09(1)(c) (c) The owner or operator of an affected source subject to recordkeeping and reporting requirements established under 40 CFR part 63 or chs. NR 460 to 469 shall submit the required reports to the department.

NR 460.09(1)(d) (d) If an owner or operator supervises one or more stationary sources in Wisconsin affected by more than one standard established pursuant to section 112 of the act (42 USC 7412), the owner or operator and the department may arrange by mutual agreement a common schedule on which periodic reports required for each source shall be submitted throughout the year. The allowance in the previous sentence applies beginning one year after the latest compliance date for any relevant standard established pursuant to section 112 of the act (42 USC 7412). Procedures governing the implementation of this provision are specified in s. NR 460.08 (9).

NR 460.09(1)(e) (e) If an owner or operator supervises one or more stationary sources affected by standards established pursuant to section 112 of the act (42 USC 7412), as amended November 15, 1990, and standards set under 40 CFR part 60, 40 CFR part 61, or both parts, the owner or operator and the department may arrange by mutual agreement a common schedule on which periodic reports required by each relevant standard shall be submitted throughout the year. The allowance in the previous sentence applies beginning one year after the stationary source is required to be in compliance with the relevant section 112 standard, or one year after the stationary source is required to be in compliance with the applicable 40 CFR part 60 or 40 CFR part 61 standard, whichever is latest. Procedures governing the implementation of this provision are specified in s. NR 460.08 (9).

NR 460.09(2) (2) General recordkeeping requirements.

NR 460.09(2)(a) (a) General. The owner or operator of an affected source subject to the provisions of 40 CFR part 63 or chs. NR 460 to 469 shall maintain files of all information, including all reports and notifications, required by 40 CFR part 63 or chs. NR 460 to 469 recorded in a form suitable and readily available for expeditious inspection and review. The files shall be retained for at least 5 years following the date of each occurrence, measurement, maintenance, corrective action, report or record. At a minimum, the most recent 2 years of data shall be retained on site. The remaining 3 years of data may be retained off site. Files may be maintained on microfilm, on a computer, on computer floppy disks, on magnetic tape disks or on microfiche.

NR 460.09(2)(b) (b) Recordkeeping requirements. The owner or operator of an affected source subject to the provisions of 40 CFR part 63 shall maintain relevant records for the source of all of the following:

NR 460.09(2)(b)1. 1. The occurrence and duration of each startup or shutdown when the startup or shutdown causes the source to exceed any applicable emission limitation in the relevant emission standards.

NR 460.09(2)(b)2. 2. The occurrence and duration of each malfunction of operation, that is process equipment, or the required air pollution control and monitoring equipment.

NR 460.09(2)(b)3. 3. All required maintenance performed on the air pollution control and monitoring equipment.

NR 460.09(2)(b)4. 4.

NR 460.09(2)(b)4.a. a. Actions taken during periods of startup or shutdown when the source exceeded applicable emission limitations in a relevant standard and when the actions taken are different from the procedures specified in the affected source’s startup, shutdown and malfunction plan, required in s. NR 460.05 (4) (c).

NR 460.09(2)(b)4.b. b. Actions taken during periods of malfunction, including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation, when the actions taken are different from the procedures specified in the affected source’s startup, shutdown and malfunction plan required in s. NR 460.05 (4) (c).

NR 460.09(2)(b)5. 5. All information necessary, including actions taken, to demonstrate conformance with the affected source’s startup, shutdown and malfunction plan, required in s. NR 460.05 (4) (c), when all actions taken during periods of startup or shutdown, and the startup or shutdown causes the source to exceed any applicable emission limit in the relevant emission standards, and all actions taken during periods of malfunction, including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation, are consistent with the procedures specified in the plan. The information needed to demonstrate conformance with the startup, shutdown and malfunction plan may be recorded using a checklist or some other effective form of recordkeeping, in order to minimize the recordkeeping burden for conforming events.

NR 460.09(2)(b)6. 6. Each period during which a continuous monitoring system is malfunctioning or inoperative, including out-of-control periods.

NR 460.09(2)(b)7. 7. All required measurements needed to demonstrate compliance with a relevant standard, including, but not limited to, 15-minute averages of continuous monitoring system data, raw performance testing measurements and raw performance evaluation measurements, that support data that the source is required to report. The following limitations apply:

NR 460.09(2)(b)7.a. a. This subdivision 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 acquisition system. In lieu of maintaining a file of all CEMS subhourly measurements under this subdivision, 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 460.09(2)(b)7.b. b. This subdivision paragraph applies to owners or operators required to install a 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 under this subdivision, 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 460.09(2)(b)7.c. c. The department, upon notification to the source, may require the owner or operator to maintain all measurements as required by subd. 7. (intro.) if the department determines these records are required to more accurately assess the compliance status of the affected source.

NR 460.09(2)(b)8. 8. All results of performance tests, continuous monitoring system performance evaluations, and opacity and visible emission observations.

NR 460.09(2)(b)9. 9. All measurements as may be necessary to determine the conditions of performance tests and performance evaluations.

NR 460.09(2)(b)10. 10. All continuous monitoring system calibration checks.

NR 460.09(2)(b)11. 11. All adjustments and maintenance performed on continuous monitoring systems.

NR 460.09(2)(b)12. 12. Any information demonstrating whether a source is meeting the requirements for a waiver of recordkeeping or reporting requirements under 40 CFR part 63 or chs. NR 460 to 469, if the source has been granted a waiver under sub. (6).

NR 460.09(2)(b)13. 13. All emission levels relative to the criterion for obtaining permission to use an alternative to the relative accuracy test, if the source has been granted permission under s. NR 460.07 (6) (e).

NR 460.09(2)(b)14. 14. All documentation supporting initial notifications and notifications of compliance status under s. NR 460.08.

NR 460.09(2)(c) (c) Recordkeeping requirements for applicability determinations. If an owner or operator determines that his or her stationary source that emits, or has the potential to emit, without considering controls, one or more hazardous air pollutants regulated by any standard established pursuant to section 112 (d) or (f) of the Act (42 USC 7412 (d) or (f)), and that stationary source is in the source category regulated by the relevant standard, but that source is not subject to the relevant standard or other requirement established under 40 CFR part 63 or chs. NR 460 to 469, because of limitations on the source’s potential to emit or an exclusion, the owner or operator shall keep a record of the applicability determination on site at the source for a period of 5 years after the determination, or until the source changes its operations to become an affected source, whichever comes first. The record of the applicability determination shall be signed by the person making the determination and include an analysis or other information that demonstrates why the owner or operator believes the source is not an affected source. The analysis or other information shall be sufficiently detailed to allow the department to make a finding about the source’s applicability status with regard to the relevant standard or other requirement. If relevant, the analysis shall be performed in accordance with requirements established in relevant subparts of 40 CFR part 63 for this purpose for particular categories of stationary sources. If relevant, the analysis should be performed in accordance with EPA guidance materials published to assist sources in making applicability determinations under section 112 of the Act (42 USC 7412), if any. The requirements to determine applicability of a standard under 40 CFR 63.1 (b) (3) and to record the results of that determination under this paragraph do not by themselves create an obligation for the owner or operator to obtain a title V permit.

NR 460.09(3) (3) Additional recordkeeping requirements for sources with continuous monitoring systems.

NR 460.09(3)(a) (a) In addition to complying with the requirements specified in sub. (2) (a) and (b), the owner or operator of an affected source required to install a continuous monitoring system by a relevant standard shall maintain records for the source of all of the following:

NR 460.09(3)(a)1. 1. All required continuous monitoring system measurements, including monitoring data recorded during unavoidable continuous monitoring system breakdowns and out-of-control periods.

NR 460.09(3)(a)2. 2. The date and time identifying each period during which the continuous monitoring system was inoperative except for zero (low-level) and high-level checks.

NR 460.09(3)(a)3. 3. The date and time identifying each period during which the continuous monitoring system was out of control, as defined in s. NR 460.07 (3) (g).

NR 460.09(3)(a)4. 4. The specific identification, including date and times, of each period of excess emissions and parameter monitoring exceedances, as defined in the relevant standards, that occurs during startups, shutdowns and malfunctions of the affected source.

NR 460.09(3)(a)5. 5. The specific identification, including the date and times, of each period of excess emissions and parameter monitoring exceedances, as defined in the relevant standards, that occurs during periods other than startups, shutdowns and malfunctions of the affected source.

NR 460.09(3)(a)6. 6. The nature and cause of any malfunction, if known.

NR 460.09(3)(a)7. 7. The corrective action taken or preventive measures adopted.

NR 460.09(3)(a)8. 8. The nature of the repairs or adjustments to the continuous monitoring system that was inoperative or out of control.

NR 460.09(3)(a)9. 9. The total process operating time during the reporting period.

NR 460.09(3)(a)10. 10. All procedures that are part of a quality control program developed and implemented for the continuous monitoring system under s. NR 460.07 (4).

NR 460.09(3)(b) (b) In order to satisfy the requirements of par. (a) 6. to 8. and to avoid duplicative recordkeeping efforts, the owner or operator may use the affected source’s startup, shutdown and malfunction plan or records kept to satisfy the recordkeeping requirements of the startup, shutdown and malfunction plan specified in s. NR 460.05 (4), provided that the plan and records adequately address the requirements of par. (a) 6. to 8.

NR 460.09(4) (4) General reporting requirements.

NR 460.09(4)(a) (a) General. Notwithstanding the requirements in this subsection or sub. (5), and except as provided in s. NR 460.11, the owner or operator of an affected source subject to reporting requirements under 40 CFR part 63 or under chs. NR 460 to 469 shall submit reports to the department in accordance with the reporting requirements in the relevant standards.

NR 460.09(4)(b) (b) Reporting results of performance tests. The owner or operator of an affected source shall report the results of any performance test under s. NR 460.06 to the department. The owner or operator of an affected source shall report the results of the performance test to the department before the close of business on the 60th day following the completion of the performance test, unless specified otherwise in a relevant standard or as approved otherwise in writing by the department. The results of the performance test shall be submitted as part of the notification of compliance status required under s. NR 460.08 (8).

NR 460.09(4)(c) (c) Reporting results of opacity or visible emission observations. The owner or operator of an affected source required to conduct opacity or visible emission observations by a relevant standard shall report the opacity or visible emission results, produced using Method 9 or Method 22 in Appendix A of 40 CFR part 60, incorporated by reference in s. NR 484.04 (13), or an alternative to these test methods, along with the results of the performance test required under s. NR 460.06. If no performance test is required, or if visibility or other conditions prevent the opacity or visible emission observations from being conducted concurrently with the performance test required under s. NR 460.06, the owner or operator shall report the opacity or visible emission results before the close of business on the 30th day following the completion of the opacity or visible emission observations.

NR 460.09(4)(d) (d) Progress reports. The owner or operator of an affected source who is required to submit progress reports as a condition of receiving a compliance date extension under s. NR 460.05 (7) shall submit the reports to the department by the dates specified in the written compliance date extension.

NR 460.09(4)(e) (e) Startup, shutdown and malfunction reports.

NR 460.09(4)(e)1. 1. ‘Periodic reports.’ If actions taken by an owner or operator during a startup or shutdown of an affected source, and the startup or shutdown causes the source to exceed any applicable emission limit in the relevant emission standards, or during a malfunction of an affected source, including actions taken to correct a malfunction, are consistent with the procedures specified in the source’s startup, shutdown and malfunction plan as required in s. NR 460.05 (4) (c), the owner or operator shall state the information in a startup, shutdown and malfunction report. Actions taken to minimize emissions during startups, shutdowns and malfunctions shall be summarized in the report and may be done in checklist form. If actions taken are the same for each event, only one checklist is necessary. The report shall also include the number, duration and a brief description for each type of malfunction which occurred during the reporting period and which caused or may have caused any applicable emission limitation to be exceeded. Reports shall only be required if a startup or shutdown caused the source to exceed any applicable emission limitation in the relevant emission standards or if a malfunction occurred during the reporting period. The startup, shutdown and malfunction report shall consist of a letter, containing the name, title and signature of the owner or operator or other responsible official who is certifying its accuracy, that shall be submitted to the department semiannually, or on a more frequent basis if specified otherwise in a relevant standard or as established otherwise in the source’s part 70 permit. The startup, shutdown and malfunction report shall be delivered or postmarked by the 30th day following the end of each calendar half, or other calendar reporting period, as appropriate. If the owner or operator is required to submit excess emissions and continuous monitoring system performance, or other periodic, reports under 40 CFR part 63 or chs. NR 460 to 469, the startup, shutdown and malfunction reports required under this subsection may be submitted simultaneously with the excess emissions and continuous monitoring system performance or other reports. If startup, shutdown and malfunction reports are submitted with excess emissions and continuous monitoring system performance or other periodic reports, and the owner or operator receives approval to reduce the frequency of reporting for the latter under sub. (5), the frequency of reporting for the startup, shutdown and malfunction reports also may be reduced if the department does not object to the intended change. The procedures to implement the allowance in the preceding sentence shall be the same as the procedures specified in sub. (5) (c).