NR 460.09(5)(c)2.a.
a. For 1 full year, the affected source's excess emissions and continuous monitoring system performance reports, which may be quarterly or monthly, continually demonstrate that the source is in compliance with the relevant standard.
NR 460.09(5)(c)2.b.
b. The owner or operator continues to comply with all recordkeeping and monitoring requirements specified in this chapter and the relevant standard.
NR 460.09(5)(c)2.c.
c. The department does not object to a reduced frequency of reporting for the affected source, as provided in
subd. 3.
NR 460.09(5)(c)3.
3. The frequency of reporting of excess emissions and continuous monitoring system performance and summary reports required to comply with a relevant standard may be reduced only after the owner or operator notifies the department in writing of his or her 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 5-year 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. The information may be used by the department to make a judgment 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 shall 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 shall 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 460.09(5)(c)4.
4. As soon as continuous monitoring system data indicate that the source is not in compliance with any emission limitation or operating parameter specified in the relevant standard, the frequency of reporting shall revert to the frequency specified in the relevant standard, and the owner or operator shall submit an excess emissions and continuous monitoring system performance report and summary report for the noncomplying emission points at the next appropriate reporting period following the noncomplying event. After demonstrating ongoing compliance with the relevant 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
subds. 2. and
3.
NR 460.09(5)(c)5.
5. All excess emissions and monitoring system performance reports and all summary reports, if required, shall be delivered or postmarked by the 30th day following the end of each calendar half or quarter, as appropriate. Written reports of excess emissions or exceedances of process or control system parameters shall include all the information required in
sub. (3) (a) 2. to
8., in
s. NR 460.07 (3) (g) and
(h), and in the relevant standard, and they shall contain the name, title and signature of the responsible official who is certifying the accuracy of the report. When no excess emissions or exceedances of a parameter have occurred, or a continuous monitoring system has not been inoperative, out of control, repaired or adjusted, this information shall be stated in the report.
NR 460.09(5)(c)6.
6. As required under
subds. 7. and
8., one summary report shall be submitted for the hazardous air pollutants monitored at each affected source, unless the relevant standard specifies that more than one summary report is required, such as one summary report for each hazardous air pollutant monitored. The summary report shall be entitled “Summary Report - Gaseous and Opacity Excess Emission and Continuous Monitoring System Performance" and shall contain all of the following information:
NR 460.09(5)(c)6.b.
b. An identification of each hazardous air pollutant monitored at the affected source.
NR 460.09(5)(c)6.e.
e. The emission and operating parameter limitations specified in the relevant standards.
NR 460.09(5)(c)6.g.
g. The date of the latest continuous monitoring system certification or audit.
NR 460.09(5)(c)6.h.
h. The total operating time of the affected source during the reporting period.
NR 460.09(5)(c)6.i.
i. An emission data summary, or similar summary if the owner or operator monitors control system parameters, including the total duration of excess emissions during the reporting period, recorded in minutes for opacity and hours for gases, the total duration of excess emissions expressed as a percent of the total source operating time during that reporting period, and a breakdown of the total duration of excess emissions during the reporting period into those that are due to startup or shutdown, control equipment problems, process problems, other known causes, and other unknown causes.
NR 460.09(5)(c)6.j.
j. A continuous monitoring system performance summary, or similar summary if the owner or operator monitors control system parameters, including the total continuous monitoring system downtime during the reporting period, recorded in minutes for opacity and hours for gases, the total duration of continuous monitoring system downtime expressed as a percent of the total source operating time during that reporting period, and a breakdown of the total continuous monitoring system downtime during the reporting period into periods that are due to monitoring equipment malfunctions, nonmonitoring equipment malfunctions, quality assurance/quality control calibrations, other known causes, and other unknown causes.
NR 460.09(5)(c)6.k.
k. A description of any changes in continuous monitoring system, processes or controls since the last reporting period.
NR 460.09(5)(c)6.L.
L. The name, title and signature of the responsible official who is certifying the accuracy of the report.
NR 460.09(5)(c)7.
7. If the total duration of excess emissions or process or control system parameter exceedances for the reporting period is less than one percent of the total operating time for the reporting period, and continuous monitoring system downtime for the reporting period is less than 5% of the total operating time for the reporting period, only the summary report shall be submitted, and the full excess emissions and continuous monitoring system performance report need not be submitted unless required by the department.
NR 460.09(5)(c)8.
8. If the total duration of excess emissions or process or control system parameter exceedances for the reporting period is one percent or greater of the total operating time for the reporting period, or the total continuous monitoring system downtime for the reporting period is 5% or greater of the total operating time for the reporting period, both the summary report and the excess emissions and continuous monitoring system performance report shall be submitted.
NR 460.09(5)(d)
(d)
Reporting continuous opacity monitoring system data produced during a performance test. The owner or operator of an affected source required to use a continuous opacity monitoring system shall record the monitoring data produced during a performance test required under
s. NR 460.06 and shall furnish the department a written report of the monitoring results. The report of continuous opacity monitoring system data shall be submitted simultaneously with the report of the performance test results required in
sub. (4) (b).
NR 460.09(6)
(6) Waiver of recordkeeping or reporting requirements. NR 460.09(6)(a)(a) Until a waiver of a recordkeeping or reporting requirement has been granted by the administrator or the department under this subsection, the owner or operator of an affected source remains subject to the requirements of this section.
NR 460.09 Note
Note: Under
40 CFR 63.91 (g) only EPA can approve major changes to recordkeeping and reporting requirements.
NR 460.09(6)(b)
(b) Recordkeeping or reporting requirements may be waived upon written application to the administrator or, for minor changes, the department if the affected source is achieving the relevant standards, or the source is operating under a compliance date extension, or the owner or operator has requested a compliance date extension and the department is still considering that request.
NR 460.09(6)(c)
(c) If an application for a waiver of recordkeeping or reporting is made for a minor change to recordkeeping or reporting, the application shall accompany the request for a compliance date extension under
s. NR 460.05 (7), any required compliance progress report or compliance status report required under
40 CFR part 63 or
chs. NR 460 to
469 or in the source's part 70 permit, or an excess emissions and continuous monitoring system performance report required under
sub. (5), whichever is applicable. The application shall include whatever information the owner or operator considers useful to convince the department that a waiver of recordkeeping or reporting is warranted.
NR 460.09(6)(d)
(d) The department shall approve or deny a request for a minor waiver of recordkeeping or reporting requirements under this subsection when it does whichever of the following is applicable:
NR 460.09(6)(d)2.
2. Makes a determination of compliance following the submission of a required compliance status report or excess emissions and continuous monitoring systems performance report.
NR 460.09(6)(d)3.
3. Makes a determination of suitable progress towards compliance following the submission of a compliance progress report.
NR 460.09(6)(e)
(e) A waiver of any recordkeeping or reporting requirement granted under this subsection may be conditioned on other recordkeeping or reporting requirements deemed necessary by the department.
NR 460.09(6)(f)
(f) Approval of any waiver granted under this section will not abrogate the department's authority or in any way prohibit the department from later canceling the waiver. The cancellation will be made only after notice is given to the owner or operator of the affected source.
NR 460.09 History
History: Cr.
Register, March, 1997, No. 495, eff. 4-1-97;
CR 00-175: renum. (2) (b) 7. to be (2) (b) 7. (intro.), cr. (2) (b) 7. a. to c., r. (5) (c) 1. c., am. (6) (a) to (d) (intro.)
Register March 2002 No. 555, eff. 4-1-02; correction in (4) (c) made under s. 13.93 (2m) (b) 7., Stats.,
Register March 2002 No. 555;
CR 05-039: am. (2) (b) 2. to 5., (c), (4) (a), (e) 1. and 2., cr. (5) (c) 1. c.
Register February 2006 No. 602, eff. 3-1-06;
CR 07-105: am. (2) (b) 1., 2., 5., (4) (e) 1. and 2., renum. (2) (b) 4. to be (2) (b) 4. a. and am., cr. (2) (b) 4. b.
Register December 2008 No. 636, eff. 1-1-09.
NR 460.10
NR 460.10
Control device requirements. NR 460.10(1)
(1)
Applicability. This section contains requirements for control devices used to comply with provisions in relevant standards. These requirements apply only to affected sources covered by relevant standards referring directly or indirectly to this section or to
40 CFR 63.11.
NR 460.10(2)(a)(a) Owners or operators using flares to comply with the provisions of
40 CFR part 63 or
chs. NR 460 to
469 shall monitor these control devices to assure that they are operated and maintained in conformance with their designs. Applicable subparts of
40 CFR part 63 or applicable parts of
chs. NR 460 to
469 will provide provisions stating how owners or operators using flares shall monitor these control devices.
NR 460.10(2)(b)
(b) Flares shall be steam-assisted, air-assisted or non-assisted.
NR 460.10(2)(c)
(c) Flares shall be operated at all times when emissions may be vented to them.
NR 460.10(2)(d)
(d) Flares shall be designed for and operated with no visible emissions, except for periods not to exceed a total of 5 minutes during any 2 consecutive hours. Method 22 in Appendix A of
40 CFR part 60, incorporated by reference in
s. NR 484.04 (13), shall be used to determine the compliance of flares with the visible emission provisions of
40 CFR part 63 or
chs. NR 460 to
469. The observation period is 2 hours and shall be used according to Method 22.
NR 460.10(2)(e)
(e) Flares shall be operated with a flame present at all times. The presence of a flare pilot flame shall be monitored using a thermocouple or any other equivalent device to detect the presence of a flame.
NR 460.10(2)(f)
(f) An owner or operator has the choice of adhering to the heat content specifications in
subd. 2., and the maximum tip velocity specifications in
par. (g) or
(h), or adhering to the requirements in
subd. 1.
NR 460.10(2)(f)1.a.a. Flares shall be used that have a diameter of 3 inches or greater, are nonassisted, have a hydrogen content of 8.0% (by volume) or greater, and are designed for and operated with an exit velocity less than 37.2 m/sec (122 ft/sec) and less than the velocity V
max, as determined by the following equation:
Vmax = (XH2 - K1) * K2
where:
Vmax is the maximum permitted velocity, m/sec
K1 is the constant, 6.0 volume-percent hydrogen
K2 is the constant, 3.9 (m/sec)/volume-percent hydrogen
X
H2 is the volume-percent of hydrogen, on a wet basis, as calculated by using ASTM D1946-90, incorporated by reference in
s. NR 484.10 (28)
NR 460.10(2)(f)2.
2. Flares shall be used only with the net heating value of the gas being combusted at 11.2 MJ/scm (300 Btu/scf) or greater if the flare is steam-assisted or air-assisted; or with the net heating value of the gas being combusted at 7.45 MJ/scm (200 Btu/scf) or greater if the flares is non-assisted. The net heating value of the gas being combusted in a flare shall be calculated using the following equation:
where:
HT is the net heating value of the sample, MJ/scm; where the net enthalpy per mole of offgas is based on combustion at 25°C and 760 mm Hg, but the standard temperature for determining the volume corresponding to one mole is 20°C
K is a constant
where the standard temperature for (g-mole/scm) is 20°C
C
i is the concentration of sample component i in ppmv on a wet basis, as measured for organics by Test Method 18 and measured for hydrogen and carbon monoxide by ASTM D1946-90, incorporated by reference in
s. NR 484.10 (28)
H
i is the net heat of combustion of sample component i, kcal/g-mole at 25
°C and 760 mm Hg. The heat of combustion may be determined using ASTM D4809-00, incorporated by reference in
s. NR 484.10 (55), if published values are not available or cannot be calculated
n is the number of sample components
NR 460.10(2)(g)1.1. Steam-assisted and nonassisted flares shall be designed for and operated with an exit velocity less than 18.3 m/sec (60 ft/sec), except as provided in
subds. 2. and
3. The actual exit velocity of a flare shall be determined by dividing the volumetric flow rate of gas being combusted, in units of emission standard temperature and pressure, as determined by Method 2, 2A, 2C, or 2D in Appendix A of
40 CFR part 60, incorporated by reference in
s. NR 484.04 (13), as appropriate, by the unobstructed (free) cross-sectional area of the flare tip.
NR 460.10(2)(g)2.
2. Steam-assisted and nonassisted flares designed for and operated with an exit velocity, as determined by the method specified in
subd. 1., equal to or greater than 18.3 m/sec (60 ft/sec) but less than 122 m/sec (400 ft/sec), are allowed if the net heating value of the gas being combusted is greater than 37.3 MJ/scm (1,000 Btu/scf).
NR 460.10(2)(g)3.
3. Steam-assisted and nonassisted flares designed for and operated with an exit velocity, as determined by the method specified in
subd. 1., less than the velocity V
max, as determined by the method specified in this subdivision, but less than 122 m/sec (400 ft/sec) are allowed. The maximum permitted velocity, V
max, for flares complying with this subdivision shall be determined by the following equation: -
See PDF for diagram 
where:
Vmax is the maximum permitted velocity, m/sec
28.8 is a constant
31.7 is a constant
HT is the net heating value as determined in par. (f)
NR 460.10(2)(h)
(h) Air-assisted flares shall be designed and operated with an exit velocity less than the velocity V
max. The maximum permitted velocity, V
max, for air-assisted flares shall be determined by the following equation: -
See PDF for diagram
where:
Vmax is the maximum permitted velocity, m/sec
8.71 is a constant
0.708 is a constant
HT is the net heating value as determined in par. (f)
NR 460.10 History
History: Cr.
Register, March, 1997, No. 495, eff. 4-1-97; am. (2) (f),
Register, November, 1999, No. 527, eff. 12-1-99;
CR 00-175: r. and recr. (2) (f), am. (2) (h)
Register March 2002 No. 555, eff. 4-1-02; corrections in (2) (d) and (g) 1. made under s. 13.93 (2m) (b) 7., Stats.,
Register March 2002 No. 555.
NR 460.11
NR 460.11
Performance track provisions. NR 460.11(1)
(1) Notwithstanding any other requirements in
40 CFR part 63 or
chs. NR 460 to
469, an affected source at any major source or any area source at a performance track member facility, as defined in
s. NR 460.02 (37g), which is subject to regular periodic reporting under any relevant standard, may submit periodic reports at an interval that is twice the length of the regular period specified in the applicable standards provided, that for sources subject to permits under
ch. NR 406 or
407, no interval for any report of the results of any required monitoring may be less frequent than once in every 6 months.
NR 460.11(2)
(2) Notwithstanding any other requirements in
40 CFR part 63 or
chs. NR 460 to
469, the modifications of reporting requirements in
sub. (3) apply to any major source at a performance track member facility, as defined in
s. NR 460.02 (37g), which is subject to requirements under any relevant standard and which has done all of the following:
NR 460.11(2)(a)
(a) Reduced its total HAP emissions to less than 25 tons per year.
NR 460.11(2)(b)
(b) Reduced its emissions of each individual HAP to less than 10 tons per year.
NR 460.11(2)(c)
(c) Reduced emissions of all HAPs covered by each MACT standard to at least the level required for full compliance with the applicable emission standard.
NR 460.11(3)
(3) For affected sources at any area source at a performance track member facility, as defined in
s. NR 460.02 (37g), that meet the requirements of
sub. (2) (c), or for affected sources at any major source that meet the requirements of
sub. (2):
NR 460.11(3)(a)
(a) If the emission standard to which the affected source is subject is based on add-on control technology, and the affected source complies by using add-on control technology, all required reporting elements in the periodic report may be met through an annual certification that the affected source is meeting the emission standard by continuing to use that control technology. The affected source shall continue to meet all relevant monitoring and recordkeeping requirements. The compliance certification shall meet the requirements delineated in Clean Air Act section 114 (a) (3).
NR 460.11(3)(b)
(b) If the emission standard to which the affected source is subject is based on add-on control technology, and the affected source complies by using pollution prevention, all required reporting elements in the periodic report may be met through an annual certification that the affected source is continuing to use pollution prevention to reduce HAP emissions to levels at or below those required by the applicable emission standard. The affected source shall maintain records of all calculations that demonstrate the level of HAP emissions required by the emission standard as well as the level of HAP emissions achieved by the affected source. The affected source shall continue to meet all relevant monitoring and recordkeeping requirements. The compliance certification shall meet the requirements delineated in Clean Air Act section 114 (a) (3).
NR 460.11(3)(c)
(c) If the emission standard to which the affected source is subject is based on pollution prevention, and the affected source complies by using pollution prevention and reduces emissions by an additional 50% or greater than required by the applicable emission standard, all required reporting elements in the periodic report may be met through an annual certification that the affected source is continuing to use pollution prevention to reduce HAP emissions by an additional 50% or greater than required by the applicable emission standard. The affected source shall maintain records of all calculations that demonstrate the level of HAP emissions required by the emission standard as well as the level of HAP emissions achieved by the affected source. The affected source shall continue to meet all relevant monitoring and recordkeeping requirements. The compliance certification shall meet the requirements delineated in Clean Air Act section 114 (a) (3).
