Chapter NR 405

NR 405.18(12)(e) (e) An owner or operator using CPMS or PEMS to monitor PAL regulated air contaminant emissions shall ensure that the CPMS or PEMS does both of the following:

NR 405.18(12)(e)1. 1. Is based on current site-specific data demonstrating a correlation between the monitored parameters and the PAL regulated air contaminant emissions across the range of operation of the emissions unit.

NR 405.18(12)(e)2. 2. Samples, analyzes and records data at least every 15 minutes, or at another less frequent interval approved by the department, while the emissions unit is operating.

NR 405.18(12)(f) (f) An owner or operator using emission factors to monitor PAL regulated air contaminant emissions shall do all of the following:

NR 405.18(12)(f)1. 1. Adjust all emission factors, if appropriate, to account for the degree of uncertainty or limitations in the factors’ development.

NR 405.18(12)(f)2. 2. Operate the emissions unit within the designated range of use for the emission factor, if applicable.

NR 405.18(12)(f)3. 3. If technically practicable, for a significant emissions unit that relies on an emission factor to calculate PAL regulated air contaminant emissions, conduct validation testing to determine a site-specific emission factor within 6 months of PAL permit issuance, unless the department determines that testing is not required.

NR 405.18(12)(g) (g) A source owner or operator shall record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during the periods is specified in the PAL permit.

NR 405.18(12)(h) (h) Notwithstanding the requirements in pars. (c) to (g), where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameters and the PAL regulated air contaminant emissions rate at all operating points of the emissions unit, the department shall, at the time of permit issuance do one of the following:

NR 405.18(12)(h)1. 1. Establish default values for determining compliance with the PAL based on the highest potential emissions reasonably estimated at the operating points.

NR 405.18(12)(h)2. 2. Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored parameters and the PAL regulated air contaminant emissions is a violation of the PAL.

NR 405.18(12)(i) (i) All data used to establish the PAL regulated air contaminant shall be re-validated through performance testing or other scientifically valid means approved by the department. The testing shall occur at least once every 5 years after the issuance of the PAL.

NR 405.18(13) (13) Recordkeeping requirements.

NR 405.18(13)(a) (a) The PAL permit shall require an owner or operator to retain a copy of all records necessary to determine compliance with any requirement of the PAL permit, including a determination of each emissions unit’s 12-month rolling total emissions, for 5 years from the date of the record.

NR 405.18(13)(b) (b) The PAL permit shall require an owner or operator to retain a copy of the following records, for the duration of the PAL effective period plus 5 years:

NR 405.18(13)(b)1. 1. A copy of the PAL permit application and any applications for revisions to the PAL.

NR 405.18(13)(b)2. 2. Each annual certification of compliance pursuant to s. NR 439.03 (8) and the data relied on in certifying the compliance.

NR 405.18(14) (14) Reporting and notification requirements. The owner or operator shall submit the following reports and information to the department:

NR 405.18(14)(a) (a) Semi-annual report. The semi-annual report shall be submitted to the department within 30 days of the end of each reporting period. This report shall contain all of the following information:

NR 405.18(14)(a)1. 1. The name of the owner and operator and the permit number.

NR 405.18(14)(a)2. 2. Total annual emissions, in tons/year, based on a 12-month rolling total for each month in the reporting period recorded pursuant to sub. (13) (a).

NR 405.18(14)(a)3. 3. All data relied upon, including any quality assurance or quality control data, in calculating the monthly and annual PAL regulated air contaminant emissions.

NR 405.18(14)(a)4. 4. A list of any emissions units modified or added to the major stationary source during the preceding 6-month period.

NR 405.18(14)(a)5. 5. The number, duration and cause of any deviations or monitoring malfunctions other than the time associated with zero and span calibration checks, and any corrective action taken.

NR 405.18(14)(a)6. 6. A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the air contaminant or the number determined by method included in the permit, as provided by sub. (12) (g).

NR 405.18(14)(a)7. 7. A signed statement by the responsible official certifying the truth, accuracy and completeness of the information provided in the report.

NR 405.18(14)(b) (b) Deviation report. A report shall be submitted for any deviation from, or exceedance of, the PAL requirements, including periods where no monitoring is available. A report submitted pursuant to s. NR 439.03 shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits in s. NR 439.03. The reports shall contain all of the following information:

NR 405.18(14)(b)1. 1. The name of the owner and operator and the permit number.

NR 405.18(14)(b)2. 2. The PAL permit requirement that was deviated from or that was exceeded.

NR 405.18(14)(b)3. 3. Emissions resulting from the deviation or the exceedance.

NR 405.18(14)(b)4. 4. A signed statement by the responsible official certifying the truth, accuracy and completeness of the information provided in the report.

NR 405.18(14)(c) (c) Re-validation results. The results of any re-validation test or method shall be submitted within 3 months after completion of the test or method.

NR 405.18(15) (15) Transition requirements. The department may not issue a PAL permit that does not comply with the requirements of this section after July 1, 2007.

NR 405.18 History History: CR 03-118: cr. Register June 2007 No. 618, eff. 7-1-07; CR 07-104: am. (6) (e) Register July 2008 No. 631, eff. 8-1-08.

NR 405.19 NR 405.19 Forest County Potawatomi Class I area.

NR 405.19(1) (1) For any new major source or major modification of an existing source, the Forest County Potawatomi Community shall have the opportunity to present to the department, within no more than 75 days of receipt of a complete permit application by the department, a demonstration that the emissions from the proposed new major source or major modification would have an adverse impact on the established air quality related values of the FCPC Class I area.

NR 405.19(2) (2) New major sources or major modifications of existing sources wholly or partially locating or located within a radius of 22.25 miles from the geographic center of the FCPC Class I area, as identified in s. NR 400.02 (66m), are subject to an increment analysis and limited to the maximum allowable increase levels of a Class I area.

NR 405.19(3) (3) New major sources or major modifications of existing sources locating or located wholly outside the area defined in sub. (2) are subject to an increment analysis and maximum allowable increase levels of a Class II area.

NR 405.19 Note Note: The relationship between the State of Wisconsin and the Forest County Potawatomi Community with regard to the FCPC Class I area is established in a 1999 Class I Final Agreement. The geographic center of the FCPC Class I area was determined by finding the center of a rectangle placed around the outer most portions of the Class I area. The 22.25-mile radius was determined by adding 10 miles to the distance of the outermost portion of the FCPC Class I area from the geographic center of the FCPC Class I area. A map developed by the Department and the Forest County Potawatomi Community shows the approximate 22.25-mile radius for the FCPC Class I area. The Final Agreement, map, and information on established air quality related values for the Class I area are available from the Department upon request, or may be found on the Department’s web site.

NR 405.19 History History: CR 10-048: cr. Register November 2010 No. 659, eff. 12-1-10.