Chapter NR 440

NR 440.08(1) (1) Within 60 days after achieving the maximum production rate at which the affected facility will be operated, but not later than 180 days after initial startup of the facility and at such other times as may be required by the department, the owner or operator of the facility shall conduct performance tests and furnish the department a written report of the results of the performance tests.

NR 440.08(2) (2) Except as provided in sub. (2m), performance tests shall be conducted and data reduced in accordance with the test methods and procedures contained in each applicable section of this chapter unless the department specifies or approves, in specific cases, the use of a reference method with minor changes in methodology or waives the requirement for performance tests because the owner or operator of a source has demonstrated by other means to the department’s satisfaction that the affected facility is in compliance with the standard, or the department approves shorter sampling times and smaller sampling volumes when necessitated by process variables, or unless the administrator:

NR 440.08(2)(a) (a) Approves the use of an equivalent method, or

NR 440.08(2)(b) (b) Approves the use of an alternative method the results of which the administrator has determined to be adequate for indicating whether a specific source is in compliance.

NR 440.08(2m) (2m) The owner or operator of a facility may use a version of an ASTM method not specified in the applicable section of this chapter if the version is allowed under 40 CFR part 60, is incorporated by reference in 40 CFR 60.17 (a), and the version predates the version specified in the applicable section of this chapter. An owner or operator choosing to use a version of an ASTM method under this subsection is not required to obtain department or administrator approval under sub. (2).

NR 440.08(3) (3) Performance tests shall be conducted under such conditions as the department shall specify to the plant operator based on representative performance of the affected facility. The owner or operator shall make available to the department such records as may be necessary to determine the conditions of the performance tests. Operations during periods of startup, shutdown and malfunction do not constitute representative conditions for the purpose of a performance test nor will emissions in excess of the level of the applicable emission limit during periods of startup, shutdown and malfunction be considered a violation of the applicable emission limit unless otherwise specified in the applicable standard.

NR 440.08(4) (4) The owner or operator of an affected facility shall provide the department at least 30 days prior notice of any performance tests, except as specified under other sections of this chapter, to afford the department the opportunity to have an observer present. If after 30 days notice for an initially scheduled performance test, there is a delay in conducting the scheduled performance test, the owner or operator of an affected facility shall notify the department as soon as possible of any delay in the original test date, either by providing at least 7 days prior notice of the rescheduled date of the performance test, or by arranging a rescheduled date with the department by mutual agreement.

NR 440.08(5) (5) The owner or operator of the affected facility shall provide, or cause to be provided, performance testing facilities as follows:

NR 440.08(5)(a) (a) Sampling ports adequate for test methods applicable to the facility. This includes:

NR 440.08(5)(a)1. 1. Constructing the air pollution control system such that the volumetric flow rates and pollution emission rates can be accurately determined by applicable test methods and procedures, and

NR 440.08(5)(a)2. 2. Providing a stack or duct free of cyclonic flow during performance tests, as demonstrated by applicable test method procedures.

NR 440.08(5)(b) (b) Safe sampling platform or platforms.

NR 440.08(5)(c) (c) Safe access to sampling platform or platforms.

NR 440.08(5)(d) (d) Utilities for sampling and testing equipment.

NR 440.08(6) (6) Unless otherwise specified in an applicable section of this chapter, each performance test shall consist of 3 separate runs using the applicable test method. Each run shall be conducted for the time and under the conditions specified in the applicable standard. For the purpose of determining compliance with an applicable standard, the arithmetic means of results of the 3 runs shall apply. In the event that a sample is accidentally lost or conditions occur in which one of the 3 runs must be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions or other circumstances beyond the owner or operator’s control, compliance may, upon the department’s approval, be determined using the arithmetic mean of the results of the 2 other runs.

NR 440.08 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; am. (2), renum, (5) (e) to be (6), Register, September, 1990, No. 417, eff. 10-1-90; am. (2) (intro.) and (5) (a), Register, July, 1993, No. 451, eff. 8-1-93; CR 06-109: am. (2) (intro.) and (4), cr. (2m) Register May 2008 No. 629, eff. 6-1-08.

NR 440.09 NR 440.09 Enforcement; penalties.

NR 440.09(1) (1) If the department has reason to believe that a violation of this chapter has occurred, it may proceed under s. 285.83, Stats.

NR 440.09(2) (2) Any person who violates any provision of this chapter is subject to the penalties provided under s. 285.87, Stats.

NR 440.09 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84.

NR 440.10 NR 440.10 Other requirements apply.

NR 440.10(1) (1) Exemption or the granting of an exemption from any requirement of this chapter does not relieve any person from compliance with other requirements under this chapter or with requirements under chs. NR 400 to 439 or 445 to 499 or ch. 285 or s. 299.15, Stats.

NR 440.10(2) (2) In cases where an emission limitation or other requirement set in chs. NR 400 to 439 or 445 to 499, a permit, plan approval or special order also applies to a source or facility affected by this chapter, the more restrictive limitation shall be met.

NR 440.10 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; am. Register, September, 1986, No. 369, eff. 10-1-86; am. (1), Register, September, 1990, No. 417, eff. 10-1-90; am. (1), Register, July, 1993, No. 451, eff. 8-1-93; CR 06-109: am. (1) and (2) Register May 2008 No. 629, eff. 6-1-08.

NR 440.11 NR 440.11 Compliance with standards and maintenance requirements.

NR 440.11(1) (1) Compliance with standards in this chapter, other than opacity standards, shall be determined only by performance tests established by s. NR 440.08, unless otherwise specified in the applicable standard.

NR 440.11(2) (2) Compliance with opacity standards in this chapter shall be determined by conducting observations in accordance with Method 9 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), with any alternative method that is approved by the administrator, or as provided in sub. (5) (e). For purposes of determining initial compliance, the minimum total time of observations shall be 3 hours (30 6-minute averages) for the performance test or other set of observations (meaning those fugitive-type emission sources subject only to an opacity standard).

NR 440.11(3) (3) The opacity standards set forth in this chapter shall apply at all times except during periods of startup, shutdown, malfunction and as otherwise provided in the applicable standard.

NR 440.11(4) (4) At all times, including periods of startup, shutdown and malfunction, owners and operators shall, to the extent practicable, maintain and operate any affected facility including associated air pollution control equipment in a manner consistent with good air pollution control practice for minimizing emissions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the department which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures and inspection of the source.

NR 440.11(5) (5) 

NR 440.11(5)(a) (a) For the purpose of demonstrating initial compliance, opacity observations shall be conducted concurrently with the initial performance test required in s. NR 440.08, unless one of the following conditions apply:

NR 440.11(5)(a)1. 1. If no performance test under s. NR 440.08 is required, then opacity observations shall be conducted within 60 days after achieving the maximum production rate at which the affected facility will be operated, but no later than 180 days after initial startup of the facility.

NR 440.11(5)(a)2. 2. If visibility or other conditions prevent the opacity observations from being conducted concurrently with the initial performance test required under s. NR 440.08, the owner or operator of an affected facility shall reschedule the opacity observations as soon after the initial performance test as possible, but not later than 30 days thereafter, and shall advise the department of the rescheduled date.

NR 440.11(5)(b) (b) When the conditions specified in par. (a) 1. or 2. are met, the 30-day prior notification to the department required in s. NR 440.07 (1) (f) shall be waived. A rescheduled opacity observation shall be conducted, to the extent possible, under the same operating conditions that existed during the initial performance test conducted under s. NR 440.08. The visible emissions observer shall determine whether visibility or other conditions prevent the opacity observations from being made concurrently with the initial performance test in accordance with procedures contained in Method 9 of Appendix A, 40 CFR part 60, incorporated by reference in s. NR 440.17 (1). Opacity readings of portions of plumes which contain condensed, uncombined water vapor may not be used for purposes of determining compliance with opacity standards. The owner or operator of an affected facility shall make available, upon request by the department, such records as may be necessary to determine the conditions under which the visual observations were made and shall provide evidence indicating proof of current visible emissions observer certification. Except as provided in par. (f), the results of continuous monitoring by transmissometer which indicate that the opacity at the time visual observations were made was not in excess of the standard are probative but not conclusive evidence of the actual opacity of an emission, provided that the owner or operator shall meet the burden of proving that the instrument used meets, at the time of the alleged violation indicated by visual observation, Performance Specification 1 in Appendix B, 40 CFR part 60, incorporated by reference in s. NR 440.17 (1), has been properly maintained and that the resulting data collected at the time of the alleged violation have not been altered in any way.

NR 440.11(5)(c) (c) Except as provided in par. (d), the owner or operator of an affected facility to which an opacity standard in this chapter applies shall conduct opacity observations in accordance with sub. (2), shall record the opacity of emissions, and shall report to the department the opacity results along with the results of the initial performance test required under s. NR 440.08. The inability of an owner or operator to secure a visible emissions observer may not be considered a reason for not conducting the opacity observations concurrently with the initial performance test.

NR 440.11(5)(d) (d) The owner or operator of an affected facility to which an opacity standard in this chapter applies may request the department to determine and to record the opacity of emissions from the affected facility during the initial performance test and at such times as may be required. The owner or operator of the affected facility shall report the opacity results to the department. Any request to the department to determine and to record the opacity of emissions from an affected facility shall be included in the notification required in s. NR 440.07 (1) (f). If the department cannot determine and record the opacity of emissions from the affected facility during the performance test, then the provisions of pars. (a) and (b) shall apply.

NR 440.11(5)(e) (e) An owner or operator of an affected facility using a continuous opacity monitor (transmissometer) shall record the monitoring data produced during the initial performance test required by s. NR 440.08 and shall furnish the department a written report of the monitoring results along with the results obtained using Method 9 of Appendix A, 40 CFR part 60, incorporated by reference in s. NR 440.17, and s. NR 440.08 performance test results.

NR 440.11(5)(f) (f) An owner or operator of an affected facility subject to an opacity standard may submit, for compliance purposes, continuous opacity monitoring system (COMS) data results produced during any performance test required under s. NR 440.08 in lieu of Method 9 of Appendix A, 40 CFR part 60, incorporated by reference in s. NR 440.17 (1), observation data. If an owner or operator elects to submit COMS data for compliance with the opacity standard, he or she shall notify the department of that decision, in writing, at least 30 days before any performance test required under s. NR 440.08 is conducted. Once the owner or operator of an affected facility has notified the department to that effect, the department shall use the COMS data results to determine compliance with the opacity standard during subsequent tests required under s. NR 440.08, until the owner or operator notifies the department, in writing, to the contrary. For the purpose of determining compliance with the opacity standard during a performance test required under s. NR 440.08 using COMS data, the minimum total time of COMS data collection shall be sufficient to include the averages of all 6-minute continuous periods within the duration of the mass emission performance test. Results of the COMS opacity determinations shall be submitted along with the results of the performance test required under s. NR 440.08. The owner or operator of an affected facility using a COMS for compliance purposes is responsible for demonstrating that the COMS meets the requirements specified in s. NR 440.13 (3), that the COMS has been properly maintained and operated, and that the resulting data have not been altered in any way. If COMS data results are submitted for compliance with the opacity standard for a period of time during which Method 9 of Appendix A, 40 CFR part 60, incorporated by reference in s. NR 440.17 (1), data indicate noncompliance, the Method 9 data shall be used to determine compliance with the opacity standard.

NR 440.11(5)(g) (g) Upon receipt from an owner or operator of the written reports of the results of the performance tests required by s. NR 440.08, the opacity observation results and observer certification required by sub. (5) (b), and the COMS results, if applicable, the department shall make a finding concerning compliance with opacity and other applicable standards. If COMS data results are used to comply with an opacity standard, only those results are required to be submitted along with the performance test results required by s. NR 440.08. If the department finds that an affected facility is in compliance with all applicable standards for which performance tests are conducted in accordance with s. NR 440.08, but during the time such performance tests are being conducted fails to meet any applicable opacity standard, the department shall notify the owner or operator and advise him or her that he or she may petition the administrator within 10 days of receipt of notification to make appropriate adjustment to the opacity standard for the affected facility.

NR 440.11 Note Note: Under 40 CFR 60.11 (e) (7) and (8), the administrator will grant a petition for adjustment of the opacity standard for an affected facility upon a demonstration by the owner or operator that the facility and associated air pollution control equipment were operated and maintained in a manner to minimize the opacity of emissions during the performance tests; that the performance tests were performed under the conditions established by the department; and that the affected facility and associated air pollution control equipment were incapable of being adjusted or operated to meet the applicable opacity standard. The administrator will establish an opacity standard for the affected facility at a level at which the source will be able, as indicated by the performance and opacity tests, to meet the opacity standard at all times during which the source is meeting the applicable mass or concentration emission standard. The administrator will promulgate the new opacity standard in the federal register.

NR 440.11(6) (6) Special provisions set forth under an applicable section of this chapter shall supersede any conflicting provisions of this section.

NR 440.11 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; cr. (6), Register, September, 1986, No. 369, eff. 10-1-86; am. (2), r. and recr. (5), Register, September, 1990, No. 417, eff. 10-1-90; CR 06-109: am. (2) and (5) (b) and (f) Register May 2008 No. 629, eff. 6-1-08.

NR 440.12 NR 440.12 Circumvention. No owner or operator subject to the provisions of this chapter may build, erect, install or use any article, machine, equipment or process, the use of which conceals an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere.

NR 440.12 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84.

NR 440.13 NR 440.13 Monitoring requirements.

NR 440.13(1) (1) For the purposes of this section, all continuous monitoring systems required under applicable sections of this chapter shall be subject to the provisions of this section upon promulgation of performance specifications for continuous monitoring systems under 40 CFR part 60, Appendix B, incorporated by reference in s. NR 440.17, unless otherwise specified in an applicable section or by the department. If the continuous monitoring system is used to determine compliance with emission limits on a continuous basis, the quality assurance requirements of 40 CFR part 60, Appendix F, incorporated by reference in s. NR 440.17, apply unless an applicable section or the department specify otherwise.

NR 440.13(2) (2) All continuous monitoring systems and monitoring devices shall be installed and operational prior to conducting performance tests under s. NR 440.08. Verification of operational status shall, at a minimum, include completion of the manufacturer’s written requirements or recommendations for installation, operation and calibration of the device.

NR 440.13(3) (3) If the owner or operator of an affected facility elects to submit continuous opacity monitoring system (COMS) data for compliance with the opacity standard as provided under s. NR 440.11 (5) (f), the owner or operator shall conduct a performance evaluation of the COMS as specified in Performance Specification 1, Appendix B, 40 CFR part 60, incorporated by reference in s. NR 440.17, before the performance test required under s. NR 440.08 is conducted. Otherwise, the owner or operator of an affected facility shall conduct a performance evaluation of the COMS or continuous emission monitoring system (CEMS) during any performance test required under s. NR 440.08 or within 30 days thereafter in accordance with the applicable performance specification in Appendix B, 40 CFR part 60, incorporated by reference in s. NR 440.17. The owner or operator of an affected facility shall conduct COMS or CEMS performance evaluations at such other times as may be required by the department.

NR 440.13(3)(a) (a) The owner or operator of an affected facility using a COMS to determine opacity compliance during any performance test required under s. NR 440.08 and as described in s. NR 440.11 (5) (f) shall furnish the department 2 or, upon request, more copies of a written report of the results of the COMS performance evaluation described in this subsection at least 10 days before the performance test required under s. NR 440.08 is conducted.

NR 440.13(3)(b) (b) Except as provided in par. (a), the owner or operator of an affected facility shall furnish the department within 60 days of completion 2 or, upon request, more copies of a written report of the results of the performance evaluation.

NR 440.13(4) (4) 

NR 440.13(4)(a) (a) Owners and operators of all continuous emission monitoring systems installed in accordance with the provisions of this chapter shall automatically check the zero (or low-level value between 0 and 20% of span value) and span (50 to 100% of span value) calibration drifts at least once daily in accordance with a written procedure. The zero and span shall, at a minimum, be adjusted whenever the 24-hour zero drift or 24-hour span drift exceeds 2 times the limit of the applicable performance specification in 40 CFR part 60, Appendix B, incorporated by reference in s. NR 440.17 (1). The system shall allow the amount of excess zero and span drift to be recorded and quantified whenever specified. Owners and operators of a continuous opacity monitoring system (COMS) installed in accordance with the provisions of this chapter, shall automatically, intrinsic to the opacity monitor, check the zero and upscale (span) calibration drifts at least once daily. For a particular COMS, the acceptable range of zero and upscale calibration materials is as defined in the applicable version of PS-1 in 40 CFR part 60, Appendix B, incorporated by reference in s. NR 440.17 (1). For COMS, the optical surfaces exposed to the emissions shall be cleaned prior to performing the zero and upscale drift adjustments, except that for systems using automatic zero adjustments the optical surfaces shall be cleaned when the cumulative automatic zero compensation exceeds 4% opacity.

NR 440.13(4)(b) (b) Unless otherwise approved by the department, the following procedures shall be followed for continuous opacity monitoring systems. Minimum procedures shall include an automated method for producing a simulated zero opacity condition and an upscale (span) opacity condition using a certified neutral density filter or other related technique to produce a known obstruction of the light beam. Such procedures shall provide a system check of all active analyzer internal optics with power or curvature, all active electronic circuitry including the light source and photodetector assembly and electronic or electro-mechanical systems and hardware and software used during normal measurement operation.

NR 440.13(5) (5) Except for system breakdowns, repairs, calibration checks, and zero and span adjustments required under sub. (4), all continuous monitoring systems shall be in continuous operation and shall meet minimum frequency of operation requirements as follows:

NR 440.13(5)(a) (a) All continuous monitoring systems referenced by sub. (3) for measuring opacity of emissions shall complete a minimum of one cycle of sampling and analyzing for each successive 10-second period and one cycle of data recording for each successive 6-minute period.

NR 440.13(5)(b) (b) All continuous monitoring systems referenced by sub. (3) for measuring emissions, except opacity, shall complete a minimum of one cycle of operation (sampling, analyzing and data recording) for each successive 15-minute period.

NR 440.13(6) (6) All continuous monitoring systems or monitoring devices shall be installed such that representative measurements of emissions or process parameters from the affected facility are obtained. Additional procedures for location of continuous monitoring systems contained in the applicable performance specifications of 40 CFR part 60, Appendix B, incorporated by reference in s. NR 440.17, shall be used.

NR 440.13(7) (7) When the emissions from a single affected facility or 2 or more affected facilities subject to the same emission standards are combined before being released to the atmosphere, the owner or operator may install applicable continuous monitoring systems on each emission or on the combined emissions. When the affected facilities are not subject to the same emission standards, separate continuous monitoring systems shall be installed on each emission. When the emission from one affected facility is released to the atmosphere through more than one point, the owner or operator shall install an applicable continuous monitoring system on each separate emission unless the installation of fewer systems is approved by the department. When more than one continuous monitoring system is used to measure the emissions from one affected facility (e.g., multiple breechings, multiple outlets), the owner or operator shall report the results as required from each continuous monitoring system.

NR 440.13(8) (8) Owners or operators of all continuous monitoring systems for measurement of opacity shall reduce all data to 6-minute averages and for continuous monitoring systems other than opacity to one-hour averages for time periods as defined under s. NR 440.02 (20) and (29), respectively. Six-minute opacity averages shall be calculated from 36 or more data points equally spaced over each 6-minute period. For continuous monitoring systems other than opacity, one-hour averages shall be computed from 4 or more data points equally spaced over each one-hour period. Data recorded during periods of continuous monitoring system breakdowns, repairs, calibration checks, and zero and span adjustments may not be included in the data averages computed under this subsection. For owners and operators complying with the requirements in s. NR 440.07 (6) (a) or (b), data averages shall include any data recorded during periods of monitor breakdown or malfunction. An arithmetic or integrated average of all data may be used. The data may be recorded in reduced or nonreduced form (for example, ppm pollutant and percent O2 or ng of pollutant per J of heat input). All excess emissions shall be converted into units of the standard using the applicable conversion procedures specified in the standards. After conversion into units of the standard, the data may be rounded to the same number of significant digits used in the standard to specify the emission limit (for example, rounded to the nearest one percent opacity).

NR 440.13(9) (9) After receipt and consideration of written application, the department may approve alternatives to any monitoring procedures or requirements of this chapter including, but not limited to the following:

NR 440.13(9)(a) (a) Alternative monitoring requirements when installation of a continuous monitoring system or monitoring device specified by this chapter would not provide accurate measurements due to liquid water or other interferences caused by substances with the effluent gases.

NR 440.13(9)(b) (b) Alternative monitoring requirements when the affected facility is infrequently operated.

NR 440.13(9)(c) (c) Alternative monitoring requirements to accommodate continuous monitoring systems that require additional measurements to correct for stack moisture conditions.

NR 440.13(9)(d) (d) Alternative locations for installing continuous monitoring systems or monitoring devices when the owner or operator can demonstrate that installation at alternate locations will enable accurate and representative measurements.

NR 440.13(9)(e) (e) Alternative methods of converting pollutant concentration measurements to units of the standards.

NR 440.13(9)(f) (f) Alternative procedures for performing daily checks of zero and span drift that do not involve use of span gases or tests cells.

NR 440.13(9)(g) (g) Alternatives to the ASTM test methods or sampling procedures specified by any section of this chapter.

NR 440.13(9)(h) (h) Alternative continuous monitoring systems that do not meet the design or performance requirements in Performance Specification 1 of 40 CFR part 60, Appendix B, incorporated by reference in s. NR 440.17, but adequately demonstrate a definite and consistent relationship between their measurements and the measurements of opacity by a system complying with the requirements in Performance Specification 1. The department may require that a demonstration be performed for each affected facility.

NR 440.13(9)(i) (i) Alternative monitoring requirements when the emission from a single affected facility or the combined emissions from 2 or more affected facilities are released to the atmosphere through more than one point.

NR 440.13(10) (10) An alternative to the relative accuracy test specified in Performance Specification 2 of 40 CFR part 60, Appendix B, incorporated by reference in s. NR 440.17 (1), may be requested as follows:

NR 440.13(10)(a) (a) An alternative to the reference method test for determining relative accuracy is available for sources with emission rates demonstrated to be less than 50% of the applicable standard. A source owner or operator may petition the administrator to waive the relative accuracy test in section 8.4 of Performance Specification 2 and substitute the procedures in section 16.0 if the results of a performance test conducted according to the requirements in s. NR 440.08 or other tests performed following the criteria in s. NR 440.08 demonstrate that the emission rate of the pollutant of interest in the units of the applicable standard is less than 50% of the applicable standard. For sources subject to standards expressed as control efficiency levels, a source owner or operator may petition the administrator to waive the relative accuracy test and substitute the procedures in section 16.0 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 continuous emission monitoring system is used to determine compliance continuously with the applicable standard. The petition to waive the relative accuracy test shall include a detailed description of the procedures to be applied. Included shall be location and 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 procedure. The administrator shall review the petition for completeness and applicability. The determination to grant a waiver will depend on the intended use of the CEMS data (for example, data collection purposes other than NSPS) and may require specifications more stringent than in Performance Specification 2 (for example, the applicable emission limit is more stringent than NSPS).

NR 440.13(10)(b) (b) The waiver of a CEMS relative accuracy test shall be reviewed and may be rescinded at the time, following successful completion of the alternative relative accuracy procedure, that the CEMS data indicate the source emissions are approaching the level of the applicable standard. The criterion for reviewing the waiver is the collection of CEMS data showing that emissions have exceeded 70% of the applicable standard for 7 consecutive averaging periods as specified by the applicable regulations. For sources subject to standards expressed as control efficiency levels, the criterion for reviewing the waiver is the collection of CEMS data showing that exhaust emissions have exceeded 70% of the level needed to meet the control efficiency requirement for 7 consecutive averaging periods as specified by the applicable regulations. It is the responsibility of the source operator to maintain records and determine the level of emissions relative to the criterion on the waiver of relative accuracy testing. If this criterion is exceeded, the owner or operator shall notify the administrator within 10 days of the occurrence and include a description of the nature and cause of the increasing emissions. The administrator shall review the notification and may rescind the waiver and require the owner or operator to conduct a relative accuracy test of the CEMS as specified in section 8.4 of Performance Specification 2.

NR 440.13 History History: Cr. Register, January, 1984, No. 337, eff. 2-1-84; am. (1) (intro.), r. (1) (a) and (b), Register, September, 1986, No. 369, eff. 10-1-86; am. (1), (4) (b), (5) (a) and (b) and (8), r. and recr. (3), r. (5) (c), Register, September, 1990, No. 417, eff. 10-1-90; CR 06-109: am. (4) (a) and (b) and (8), cr. (10) Register May 2008 No. 629, eff. 6-1-08.

NR 440.14 NR 440.14 Modification.

NR 440.14(1) (1) Except as provided under subs. (5), (6) and (8) to (12), any physical or operational change to an existing facility which results in an increase in the emission rate to the atmosphere of any pollutant to which a standard applies shall be considered a modification within the meaning of this chapter. Upon modification, an existing facility becomes an affected facility for each pollutant to which a standard applies and for which there is an increase in the emission rate to the atmosphere.

NR 440.14(2) (2) Emission rate shall be expressed as kg/hr of any pollutant discharged into the atmosphere for which a standard is applicable. The department shall use the following to determine emission rate:

NR 440.14(2)(a) (a) Emission factors as specified in “Compilation of Air Pollutant Emission Factors,” AP-42, Volume 1: Stationary Point and Area Sources, EPA-OAQPS, as amended, incorporated by reference in s. NR 440.17 (2) (i) 2., or other emission factors determined by the department to be superior to AP-42 emission factors, in cases where utilization of emission factors demonstrates that the emission level resulting from the physical or operational change will either clearly increase or clearly not increase.

NR 440.14(2)(b) (b) Material balances, continuous monitor data, or manual emission tests in cases where utilization of emission factors as referenced in par. (a) does not demonstrate to the department’s satisfaction whether the emission level resulting from the physical or operational change will either clearly increase or clearly not increase, or where an owner or operator demonstrates to the department’s satisfaction that there are reasonable grounds to dispute the result obtained by the department utilizing emission factors as referenced in par. (a). When the emission rate is based on results from manual emission tests or continuous monitoring systems, the procedures specified in 40 CFR part 60, Appendix C, incorporated by reference in s. NR 440.17, shall be used to determine whether an increase in emission rate has occurred. Tests shall be conducted under such conditions as the department may specify to the owner or operator based on representative performance of the facility. At least 3 valid test runs shall be conducted before and at least 3 after the physical or operational change. All operating parameters which may affect emissions shall be held constant to the maximum feasible degree for all test runs.

NR 440.14(3) (3) The addition of an affected facility to a stationary source as an expansion to that source or as a replacement for an existing facility will not by itself bring within the applicability of this chapter any other facility within that source.

NR 440.14(5) (5) The following may not, by themselves, be considered modifications under this chapter:

NR 440.14(5)(a) (a) Maintenance, repair and replacement which the department determines to be routine for a source category, subject to the provisions of sub. (3) and s. NR 440.15.

NR 440.14(5)(b) (b) An increase in production rate of an existing facility, if that increase can be accomplished without a capital expenditure on that facility.

NR 440.14(5)(c) (c) An increase in the hours of operation.

NR 440.14(5)(d) (d) Use of an alternative fuel or raw material if, prior the date any standard under this chapter became applicable to that source type, the existing facility was designed to accommodate that alternative use. A facility shall be considered to be designed to accommodate an alternative fuel or raw material if that use could be accomplished under the facility’s construction specifications as amended prior to the change. Conversion to coal required for energy considerations, as specified in section 111 (a) (8) of the act (42 USC 7411 (a) (8)), will not be considered a modification under this chapter.

NR 440.14(5)(e) (e) The addition or use of any system or device whose primary function is the reduction of air pollutants, except when an emission control system is removed or is replaced by a system which the department determines to be less environmentally beneficial.

NR 440.14(5)(f) (f) The relocation or change in ownership of an existing facility.

NR 440.14(6) (6) Special provisions set forth under any other applicable section of this chapter shall supersede any conflicting provisions of this section.

NR 440.14(7) (7) Within 180 days of the completion of any physical or operational change subject to the control measures specified in sub. (1), compliance with all applicable standards shall be achieved.

NR 440.14(8) (8) No physical change or change in the method of operation at an existing electric utility steam generating unit may be treated as a modification for the purposes of this section provided that the change does not increase the maximum hourly emissions of any pollutant regulated under this section above the maximum hourly emissions achievable at that unit during the 5 years prior to the change.