NR 463.106(3)
(3) Initial notifications. The owner or operator of a new or reconstructed affected source that has an initial startup after October 1, 1997, shall comply with
par. (a) or
(b), as applicable.
NR 463.106(3)(a)
(a) If no permit application is required under
s. NR 406.03 or
407.04 (1) (b) 3., the owner or operator shall submit an initial notification report to the department, in addition to the notification of construction or reconstruction required by
s. NR 463.10 (1), as follows:
NR 463.106(3)(a)1.
1. A notification of the date when construction or reconstruction was commenced shall be submitted simultaneously with the notification of construction or reconstruction, if construction or reconstruction was commenced on or before October 1, 1997.
NR 463.106(3)(a)2.
2. A notification of the date when construction or reconstruction was commenced shall be submitted no later than 30 calendar days after that date, if construction or reconstruction was commenced after October 1, 1997.
NR 463.106(3)(a)3.
3. A notification of the actual date of startup of the source shall be submitted within 30 calendar days after that date.
NR 463.106(3)(b)
(b) If a permit application is required under
s. NR 406.03 or
407.04 (1) (b) 3. prior to construction or reconstruction, submittal of a completed permit application and compliance with the conditions in any permit subsequently issued shall be deemed to meet the notification requirements of
par. (a).
NR 463.106(4)(a)(a) The owner or operator of an affected source shall notify the department in writing of the owner or operator's intention to conduct a performance test at least 60 calendar days before the test is scheduled to begin to allow the department to have an observer present during the test. Observation of the performance test by the department is optional.
NR 463.106(4)(b)
(b) In the event the owner or operator is unable to conduct the performance test as scheduled, the provisions of
s. NR 439.07 (4) apply.
NR 463.106(5)(a)(a) A notification of compliance status is required each time that an affected source becomes subject to the requirements of this subchapter.
NR 463.106(5)(b)
(b) Each time a notification of compliance status is required under this subsection, the owner or operator of an affected source shall submit to the department a notification of compliance status, signed by the responsible official, as defined in
s. NR 400.02 (136), who shall certify its accuracy, attesting to whether the affected source has complied with this subchapter. The notification shall list for each affected source the following:
NR 463.106(5)(b)1.
1. The applicable emission limitation and the methods that were used to determine compliance with this limitation.
NR 463.106(5)(b)2.
2. If a performance test is required by this subchapter, the test report documenting the results of the performance test, which contains the elements required by
s. NR 463.09 (1), including measurements and calculations to support the special compliance provisions of
s. NR 463.09 (5) if these are being followed.
NR 463.106(5)(b)3.
3. The type and quantity of hazardous air pollutants emitted by the source reported in mg/dscm or mg/hr if the source is using the special provisions of
s. NR 463.09 (5) to comply with the standards in
s. NR 463.04. If the owner or operator is subject to the construction and reconstruction provisions of
s. NR 463.10 and had previously submitted emission estimates, the owner or operator shall state that this report corrects or verifies the previous estimates. For sources not required to conduct a performance test in accordance with
s. NR 463.06 (3), the surface tension measurement may fulfill this requirement.
NR 463.106(5)(b)4.
4. For each monitored parameter for which a compliant value is to be established under
s. NR 463.07, the specific operating parameter value, or range of values, that corresponds to compliance with the applicable emission limit.
NR 463.106(5)(b)5.
5. The methods that will be used to determine continuous compliance, including a description of monitoring and reporting requirements, if methods differ from those identified in this subchapter.
NR 463.106(5)(b)6.
6. A description of the air pollution control technique for each emission point.
NR 463.106(5)(b)7.
7. A statement that the owner or operator has completed and has on file the operation and maintenance plan as required by the work practice standards in
s. NR 463.05.
NR 463.106(5)(b)8.
8. If the owner or operator is determining facility size based on actual cumulative rectifier capacity in accordance with
s. NR 463.04 (3) (b), records to support that the facility is small. For existing sources, records from any 12-month period preceding the compliance date shall be used or a description of how operations will change to meet a small designation shall be provided. For new sources, records of projected rectifier capacity for the first 12-month period of tank operation shall be used.
NR 463.106(5)(b)9.
9. A statement by the owner or operator of the affected source as to whether the source has complied with the provisions of this subchapter.
NR 463.106(5)(c)
(c) For sources required to conduct a performance test by
s. NR 463.06 (3), the notification of compliance status shall be submitted to the department no later than 90 calendar days following completion of the compliance demonstration required by
ss. NR 460.06 and
463.06 (3).
NR 463.106(5)(d)
(d) For sources that are not required to complete a performance test in accordance with
s. NR 463.06 (3), the notification of compliance status shall be submitted to the department no later than 30 days after the compliance date specified in
s. NR 463.06 (1).
NR 463.106(6)(b)
(b) Reports of performance test results shall be submitted no later than 90 days following the completion of the performance test, and shall be submitted as part of the notification of compliance status required by
sub. (5).
NR 463.106(7)
(7) Ongoing compliance status reports for major sources. NR 463.106(7)(a)(a) Documentation requirements. The owner or operator of an affected source that is located at a major source site shall submit a summary report to the department to document the ongoing compliance status of the affected source. The report shall contain the information identified in
par. (c), and shall be submitted semiannually except under one of the following conditions:
NR 463.106(7)(a)1.
1. The department determines on a case-by-case basis that more frequent reporting is necessary to accurately assess the compliance status of the source.
NR 463.106(7)(a)2.
2. The monitoring data collected by the owner or operator of the affected source in accordance with
s. NR 463.07 show that the emission limit has been exceeded, in which case quarterly reports shall be submitted. Once an owner or operator of an affected source reports an exceedance, ongoing compliance status reports shall be submitted quarterly until a request to reduce reporting frequency under
par. (b) is approved.
NR 463.106(7)(b)
(b) Request to reduce frequency of ongoing compliance status reports. NR 463.106(7)(b)1.1. An owner or operator who is required to submit ongoing compliance status reports on a quarterly or more frequent basis may reduce the frequency of reporting to semiannual if all of the following conditions are met:
NR 463.106(7)(b)1.a.
a. For one full year, the ongoing compliance status reports, which may, for example, be quarterly or monthly, demonstrate that the affected source is in compliance with the relevant emission limit.
NR 463.106(7)(b)1.b.
b. The owner or operator continues to comply with all applicable recordkeeping and monitoring requirements of
ch. NR 460 and this subchapter.
NR 463.106(7)(b)1.c.
c. The department does not object to a reduced reporting frequency for the affected source, as provided in
subds. 2. and
3.
NR 463.106(7)(b)2.
2. The frequency of submitting ongoing compliance status reports may be reduced only after the owner or operator notifies the department in writing of the owner or operator's intention to make such a change, and the department does not object to the intended change. In deciding whether to approve a reduced reporting frequency, the department may review information concerning the source's entire previous performance history during the 5-year recordkeeping period prior to the intended change, or the recordkeeping period since the source's compliance date, whichever is shorter. Records subject to review may include performance test results, monitoring data and evaluations of an owner or operator's conformance with emission limitations and work practice standards. 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 reporting frequency, 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 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 463.106(7)(b)3.
3. As soon as the monitoring data required by
s. NR 463.07 show that the source is not in compliance with the relevant emission limit, the frequency of reporting shall revert to quarterly, and the owner shall state this exceedance in the ongoing compliance status report for the next reporting period. After demonstrating ongoing compliance with the relevant emission limit for another full year, the owner or operator may again request approval from the department to reduce the reporting frequency as allowed by this paragraph.
NR 463.106(7)(c)
(c) Contents of ongoing compliance status reports. The owner or operator of an affected source for which compliance monitoring is required in accordance with
s. NR 463.07 shall prepare a summary report to document the ongoing compliance status of the source. The report shall contain all of the following information:
NR 463.106(7)(c)2.
2. An identification of the operating parameter that is monitored for compliance determination, as required by
s. NR 463.07.
NR 463.106(7)(c)3.
3. The relevant emission limitation for the affected source, and the operating parameter value, or range of values, that correspond to compliance with this emission limitation as specified in the notification of compliance status required by
sub. (5).
NR 463.106(7)(c)5.
5. A description of the type of process performed in the affected source.
NR 463.106(7)(c)6.
6. The total operating time of the affected source during the reporting period.
NR 463.106(7)(c)7.
7. If the affected source is a hard chromium electroplating tank and the owner or operator is limiting the maximum cumulative rectifier capacity in accordance with
s. NR 463.04 (3) (b), the actual cumulative rectifier capacity expended during the reporting period, on a month-by-month basis.
NR 463.106(7)(c)8.
8. A summary of operating parameter values, including the total duration of excess emissions during the reporting period as indicated by those values, 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 process upsets, control equipment malfunctions, other known causes and unknown causes.
NR 463.106(7)(c)9.
9. A certification by a responsible official that the work practice standards in
s. NR 463.05 were followed in accordance with the operation and maintenance plan for the source.
NR 463.106(7)(c)10.
10. If the operation and maintenance plan required by
s. NR 463.05 (2) was not followed, an explanation of the reasons for not following the provisions, an assessment of whether any excess emission or parameter monitoring exceedances are believed to have occurred, and a copy of the report or reports required by
s. NR 463.05 (2) (d) documenting that the operation and maintenance plan was not followed.
NR 463.106(7)(c)11.
11. A description of any changes in monitoring, processes or controls since the last reporting period.
NR 463.106(7)(c)12.
12. The name, title and signature of the responsible official who is certifying the accuracy of the report.
NR 463.106(7)(d)
(d) Reporting for multiple monitoring devices. When more than one monitoring device is used to comply with the continuous compliance monitoring required by
s. NR 463.07, the owner or operator shall report the results as required for each monitoring device. However, when one monitoring device is used as a backup for the primary monitoring device, the owner or operator shall only report the results from the monitoring device used to meet the monitoring requirements of this subchapter. If both devices are used to meet these requirements, then the owner or operator shall report the results from each monitoring device for the relevant compliance period.
NR 463.106(8)
(8) Ongoing compliance status reports for area sources. The requirements of this subsection do not alleviate affected area sources from complying with the requirements of state or federal operating permit programs under
40 CFR part 71.
NR 463.106(8)(a)
(a) Annual summary report. The owner or operator of an affected source that is located at an area source site shall prepare a summary report to document the ongoing compliance status of the affected source. The report shall contain the information identified in
sub. (7) (c) and shall be retained on site and made available to the department upon request. The report shall be completed annually except as provided in
par. (b).
NR 463.106(8)(b)1.1. If both of the following conditions are met, semiannual reports shall be prepared and submitted to the department:
NR 463.106(8)(b)1.a.
a. The total duration of excess emissions, as indicated by the monitoring data collected by the owner or operator of the affected source in accordance with
s. NR 463.07, is 1% or greater of the total operating time for the reporting period.
NR 463.106(8)(b)1.b.
b. The total duration of malfunctions of the add-on air pollution control device and monitoring equipment is 5% or greater of the total operating time.
NR 463.106(8)(b)2.
2. Once an owner or operator of an affected source reports an exceedance as defined in
subd. 1., ongoing compliance status reports shall be submitted semiannually until a request to reduce reporting frequency under
par. (c) is approved.
NR 463.106(8)(b)3.
3. The department may determine on a case-by-case basis that the summary report shall be completed more frequently and submitted, or that the annual report shall be submitted instead of being retained on site, if these measures are necessary to accurately assess the compliance status of the source.
NR 463.106(8)(c)
(c) Request to reduce frequency of ongoing compliance status reports. NR 463.106(8)(c)1.1. An owner or operator who is required to submit ongoing compliance status reports on a semiannual or more frequent basis, or is required to submit its annual report instead of retaining it on site, may reduce the frequency of reporting to annual or be allowed to maintain the annual report onsite if all of the following conditions are met:
NR 463.106(8)(c)1.a.
a. For one full year (for 2 semiannual or 4 quarterly reporting periods, for example), the ongoing compliance status reports demonstrate that the affected source is in compliance with the relevant emission limit.
NR 463.106(8)(c)1.b.
b. The owner or operator continues to comply with all applicable recordkeeping and monitoring requirements of
ch. NR 460 and this subchapter.
NR 463.106(8)(c)1.c.
c. The department does not object to a reduced reporting frequency for the affected source, as provided in
subds. 2. and
3.
NR 463.106(8)(c)2.
2. The frequency of submitting ongoing compliance status reports may be reduced only after the owner or operator notifies the department in writing of the owner or operator's intention to make such a change, and the department does not object to the intended change. In deciding whether to approve a reduced reporting frequency, the department may review information concerning the source's previous performance history during the 5-year recordkeeping period prior to the intended change, or the recordkeeping period since the source's compliance date, whichever is shorter. Records subject to review may include performance test results, monitoring data, and evaluations of an owner or operator's conformance with emission limitations and work practice standards. The 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 reporting frequency, 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 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 463.106(8)(c)3.
3. As soon as the monitoring data required by
s. NR 463.07 show that the source is not in compliance with the relevant emission limit, the frequency of reporting shall revert to semiannual, and the owner shall state this exceedance in the ongoing compliance status report for the next reporting period. After demonstrating ongoing compliance with the relevant emission limit for another full year, the owner or operator may again request approval from the department to reduce the reporting frequency as allowed by this paragraph.
NR 463.106(9)
(9) Reports associated with trivalent chromium baths. The requirements of this subsection do not alleviate affected sources from complying with the requirements of state or federal operating permit programs under
ch. NR 407 or
40 CFR part 70. Owners or operators complying with the provisions of
s. NR 463.04 (5) are not subject to
subs. (1) to
(8), but shall instead submit the following reports:
NR 463.106(9)(a)
(a) Within 180 days after October 1, 1997, submit an initial notification that includes all of the following:
NR 463.106(9)(a)3.
3. The list of bath components that comprise the trivalent chromium bath, with the wetting agent clearly identified by its chemical name.
NR 463.106(9)(b)
(b) Within 30 days after the compliance date specified in
s. NR 463.06 (1), a notification of compliance status that contains an update of the information submitted in accordance with
par. (a) or a statement that the information is still accurate.
NR 463.106(9)(c)
(c) Within 30 days after a change to the trivalent chromium electroplating process, a report that includes all of the following:
NR 463.106(9)(c)1.
1. A description of the manner in which the process has been changed and the emission limitation, if any, now applicable to the affected source.
NR 463.106(9)(c)3.
3. The notification and reporting as required by
subs. (4) to
(8), which shall be submitted in accordance with the schedules identified in those subsections.
NR 463.106 History
History: Cr.
Register, September, 1997, No. 501, eff. 10-1-97; am. (5) (b) (intro.),
Register, November, 1999, No. 527, eff. 12-1-99; correction in (9) (a) 1. made under s. 13.93 (2m) (b) 7., Stats.,
Register, November, 1999, No. 527;
CR 05-039: renum. from NR 463.12
Register February 2006 No. 602, eff. 3-1-06;
CR 04-023: am. (intro.), (2), (5) (a), (b) (intro.), 2., 5., 9., (7) (b) 1. b., (d) and (8) (c) 1. b.
Register December 2008 No. 636, eff. 1-1-09;
correction in (intro.) made under s. 35.17, Stats., Register June 2015 No. 714. NR 463.11(1)
(1) The requirements of this subchapter apply to the owner or operator of each secondary aluminum production facility.
NR 463.11 Note
Note: This subchapter is based on the federal regulations contained in
40 CFR part 63 Subpart RRR, created March 23, 2000, as last revised on April 20, 2006
.
NR 463.11(2)
(2) The requirements of this subchapter apply to the following affected sources, located at a secondary aluminum production facility that is a major source of hazardous air pollutants (HAPs) as defined in
s. NR 460.02 (22):
NR 463.11(2)(c)
(c) Each new and existing scrap dryer, delacquering kiln and decoating kiln.
