Chapter NR 463

ETSA is the hard chromium electroplating tank surface area in square feet (ft2)

K is the conversion factor, 425 dscm/(ft2 x hr)

NR 463.09(6)(e) (e) Compliance with the alternative mass emission limit in s. NR 463.04 (3) (b) 5. is demonstrated if the 3-run average mass emission rate determined from Method 306 in Appendix A of 40 CFR part 63, incorporated by reference in s. NR 484.04 (25), testing is less than or equal to the maximum allowable mass emission rate calculated from equation 10 in par. (d).

NR 463.09 History History: Cr. Register, September, 1997, No. 501, eff. 10-1-97; CR 05-039: am. (5) (e), cr. (6) Register February 2006 No. 602, eff. 3-1-06; CR 04-023: am. (2) (a) (intro.), (3) (intro.), (a), (5) (a), (b), (c) (intro.), 1., 4., (d) (intro.) and 2. Register December 2008 No. 636, eff. 1-1-09.

NR 463.10 NR 463.10 Preconstruction review requirements for new and reconstructed sources.

NR 463.10(1) (1) New or reconstructed affected sources. The owner or operator of a new or reconstructed affected source which is exempt from the permit requirements of chs. NR 406 and 407 is subject to this section.

NR 463.10(1)(a) (a) No person may construct a new affected source or reconstruct an affected source subject to this subchapter, or reconstruct a source such that it becomes an affected source subject to this subchapter, without either meeting the permit application and approval requirements under ch. NR 406 or 407, if applicable, or submitting a notification of construction or reconstruction to the department under this section. Notification under this section shall contain the information identified in pars. (b) and (c), as appropriate.

NR 463.10(1)(b) (b) The notification of construction or reconstruction required under this subsection shall include all of the following:

NR 463.10(1)(b)1. 1. The owner or operator’s name, title and address.

NR 463.10(1)(b)2. 2. The address or proposed address where the affected source would be located, if different from the owner’s or operator’s.

NR 463.10(1)(b)3. 3. A notification of intention to construct a new affected source or make any physical or operational changes to an affected source that may meet or has been determined to meet the criteria for a reconstruction as defined in s. NR 460.02 (32).

NR 463.10(1)(b)4. 4. An identification of this subchapter as the basis for the notification.

NR 463.10(1)(b)5. 5. The expected commencement and completion dates of the construction or reconstruction.

NR 463.10(1)(b)6. 6. The anticipated date of initial startup of the affected source.

NR 463.10(1)(b)7. 7. The type of process operation to be performed, hard or decorative chromium electroplating or chromium anodizing.

NR 463.10(1)(b)8. 8. A description of the air pollution control technique to be used to control emissions from the affected source, such as preliminary design drawings and design capacity if an add-on air pollution control device is used.

NR 463.10(1)(b)9. 9. An estimate of emissions from the source based on engineering calculations and vendor information on control device efficiency, expressed in units consistent with the emission limits of this subchapter. Calculations of emission estimates shall be in sufficient detail to permit assessment of the validity of the calculations.

NR 463.10(1)(c) (c) If a reconstruction is to occur, the notification required under this subsection shall include the following in addition to the information required in par. (b):

NR 463.10(1)(c)1. 1. A brief description of the affected source and the components to be replaced.

NR 463.10(1)(c)2. 2. A brief description of the present and proposed emission control technique, including the information required by par. (b) 8. and 9.

NR 463.10(1)(c)3. 3. An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new source.

NR 463.10(1)(c)4. 4. The estimated life of the affected source after the replacements.

NR 463.10(1)(c)5. 5. A discussion of any economic or technical limitations the source may have in complying with relevant standards or other requirements after the proposed replacements. The discussion shall be sufficiently detailed to demonstrate to the department’s satisfaction that the technical or economic limitations affect the source’s ability to comply with the relevant standard and how they do so.

NR 463.10(1)(c)6. 6. If in the notification of reconstruction, the owner or operator designates the affected source as a reconstructed source and declares that there are no economic or technical limitations to prevent the source from complying with all relevant standards or requirements, the owner or operator need not submit the information required in subds. 3. to 5.

NR 463.10(1)(d) (d) The owner or operator of a new or reconstructed affected source that submits a notification under this subsection is not subject to approval by the department under this subchapter. Construction or reconstruction is subject only to notification and may begin upon submission of a complete notification. This paragraph applies only to affected sources which are exempt from permit requirements under chs. NR 406 and 407.

NR 463.10(2) (2) Submittal timeframes. After October 1, 1997, an owner or operator of a new or reconstructed affected source shall submit the notification of construction or reconstruction required by sub. (1) according to the following schedule:

NR 463.10(2)(a) (a) If construction or reconstruction commences after October 1, 1997, the notification shall be submitted as soon as practicable before the construction or reconstruction is planned to commence.

NR 463.10(2)(b) (b) If the construction or reconstruction had commenced and initial startup had not occurred before October 1, 1997, the notification shall be submitted as soon as practicable before startup but no later than 60 days after October 1, 1997.

NR 463.10 History History: Cr. Register, September, 1997, No. 501, eff. 10-1-97; CR 04-023: am. (1) (a), (b) 4., 9. and (d) Register December 2008 No. 636, eff. 1-1-09.

NR 463.103 NR 463.103 Recordkeeping requirements.

NR 463.103(1) (1) The owner or operator of each affected source subject to this subchapter shall fulfill all recordkeeping requirements outlined in this section and in the general provisions of ch. NR 460, according to the applicability of ch. NR 460 as identified in ch. NR 460 Appendix N.

NR 463.103(2) (2) The owner or operator of an affected source subject to this subchapter shall maintain all of the following records for the source:

NR 463.103(2)(a) (a) Inspection records for the add-on air pollution control device, if such a device is used, and monitoring equipment, to document that the inspection and maintenance required by the work practice standards of s. NR 463.05 and Table 1 of this subchapter have taken place. The record may take the form of a checklist and shall identify the device inspected, the date of inspection, a brief description of the working condition of the device during the inspection, and any actions taken to correct deficiencies found during the inspection.

NR 463.103(2)(b) (b) Records of all maintenance performed on the affected source, the add-on air pollution control device and monitoring equipment.

NR 463.103(2)(c) (c) Records of the occurrence, duration and cause, if known, of each malfunction of process, add-on air pollution control and monitoring equipment.

NR 463.103(2)(d) (d) Records of actions taken during periods of malfunction when the actions are inconsistent with the operation and maintenance plan.

NR 463.103(2)(e) (e) Other records, which may take the form of checklists, necessary to demonstrate consistency with the provisions of the operation and maintenance plan required by s. NR 463.05 (2).

NR 463.103(2)(f) (f) Test reports documenting results of all performance tests.

NR 463.103(2)(g) (g) All measurements as may be necessary to determine the conditions of performance tests, including measurements necessary to determine compliance with the special compliance procedures of s. NR 463.09 (5).

NR 463.103(2)(h) (h) Records of monitoring data required by s. NR 463.07 that are used to demonstrate compliance with the standard including the date and time the data are collected.

NR 463.103(2)(i) (i) The specific identification, including date and times, of each period of excess emissions, as indicated by monitoring data, that occurs during malfunction of the process, add-on air pollution control or monitoring equipment.

NR 463.103(2)(j) (j) The specific identification, including date and times, of each period of excess emissions, as indicated by monitoring data, that occurs during periods other than malfunction of the process, add-on air pollution control or monitoring equipment.

NR 463.103(2)(k) (k) The total process operating time of the affected source during the reporting period.

NR 463.103(2)(L) (L) Records of the actual cumulative rectifier capacity of hard chromium electroplating tanks at a facility expended during each month of the reporting period, and the total capacity expended to date for a reporting period, if the owner or operator is using the actual cumulative rectifier capacity to determine facility size in accordance with s. NR 463.04 (3) (b).

NR 463.103(2)(m) (m) For sources using fume suppressants to comply with the standards in s. NR 463.04, records of the date and time that fume suppressants are added to the electroplating or anodizing bath.

NR 463.103(2)(n) (n) For sources complying with s. NR 463.04 (5), records of the bath components purchased, with the wetting agent clearly identified by its chemical name as a bath constituent contained in one of the components.

NR 463.103(2)(o) (o) Any information demonstrating whether a source is meeting the requirements for a waiver of recordkeeping or reporting requirements, if the source has been granted a waiver under s. NR 460.09 (6).

NR 463.103(2)(p) (p) All documentation supporting the notifications and reports required by ss. NR 460.08, 460.09 and 463.106.

NR 463.103(3) (3) All records shall be maintained for a period of 5 years in accordance with s. NR 460.09 (2) (a).

NR 463.103 History History: Cr. Register, September, 1997, No. 501, eff. 10-1-97; CR 05-039: renum. from NR 463.11 and am. (2) (p) Register February 2006 No. 602, eff. 3-1-06; CR 04-023: am. (1), (2) (intro.) and (a) Register December 2008 No. 636, eff. 1-1-09; correction in (1) made under s. 35.17, Stats., Register June 2015 No. 714.

NR 463.106 NR 463.106 Reporting requirements. The owner or operator of each affected source subject to this subchapter shall fulfill all reporting requirements outlined in this section and in the general provisions of ch. NR 460, according to the applicability of ch. NR 460 as identified in ch. NR 460 Appendix N. Owners or operators complying with the provisions of s. NR 463.04 (5) shall meet the requirements of sub. (9) rather than the requirements of subs. (1) to (8).

NR 463.106(1) (1) Report submittals. Reports under this section shall be made to the department as follows:

NR 463.106(1)(a) (a) Reports required by ch. NR 460 and this section may be sent by U.S. mail, fax or by another courier.

NR 463.106(1)(a)1. 1. Submittals sent by U.S. mail shall be postmarked on or before the specified date.

NR 463.106(1)(a)2. 2. Submittals sent by other methods shall be received by the department on or before the specified date.

NR 463.106(1)(b) (b) If acceptable to both the department and the owner or operator of an affected source, reports may be submitted on electronic media.

NR 463.106 Note Note: Submittals sent by U.S. mail should be addressed to the Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707. Submittals by another courier should be delivered to department’s Bureau of Air Management, 7th floor, 101 South Webster Street, Madison WI 53703. Submittals by fax should be directed to [phone].

NR 463.106(2) (2) Timing of applicability. The reporting requirements of this section apply to the owner or operator of an affected source when the source becomes subject to the provisions of this subchapter.

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) (4) Notification of performance test.

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) (5) Notification of compliance status.

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) (6) Reports of performance test results.

NR 463.106(6)(a) (a) The owner or operator shall report to the department the results of any performance test conducted as required by s. NR 460.06 or 463.06 (3).

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.