Chapter NR 463

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.

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)1. 1. The company name and address of the affected source.

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)4. 4. The beginning and ending dates of the reporting period.

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)(c)13. 13. The date 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) (b) Reports of exceedances.

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)1. 1. The same information as is required by 40 CFR 63.347 (c) (1) (i) to (v).

NR 463.106(9)(a)2. 2. A statement that a trivalent chromium process that incorporates a wetting agent will be used to comply with s. NR 463.04 (5).

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)2. 2. If a different emission limitation applies, the applicable information required by sub. (3) (a).

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.

subch. II of ch. NR 463 Subchapter II — Secondary Aluminum Production

NR 463.11 NR 463.11 Applicability.

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)(a) (a) Each new and existing aluminum scrap shredder.

NR 463.11(2)(b) (b) Each new and existing thermal chip dryer.

NR 463.11(2)(c) (c) Each new and existing scrap dryer, delacquering kiln and decoating kiln.

NR 463.11(2)(d) (d) Each new and existing group 2 furnace.

NR 463.11(2)(e) (e) Each new and existing sweat furnace.

NR 463.11(2)(f) (f) Each new and existing dross-only furnace.

NR 463.11(2)(g) (g) Each new and existing rotary dross cooler.

NR 463.11(2)(h) (h) Each new and existing secondary aluminum processing unit.

NR 463.11(3) (3) The requirements of this subchapter pertaining to dioxin and furan emissions and associated operating, monitoring, reporting and recordkeeping requirements apply to the following affected sources, located at a secondary aluminum production facility that is an area source of HAPs as defined in s. NR 460.02 (5):

NR 463.11(3)(a) (a) Each new and existing thermal chip dryer.

NR 463.11(3)(b) (b) Each new and existing scrap dryer, delacquering kiln and decoating kiln.

NR 463.11(3)(c) (c) Each new and existing sweat furnace.

NR 463.11(3)(d) (d) Each new and existing secondary aluminum processing unit, containing one or more group 1 furnace emission units processing other than clean charge.

NR 463.11(4) (4) The requirements of this subchapter do not apply to facilities and equipment used for research and development that are not used to produce a salable product.

NR 463.11(5) (5) An aluminum die casting facility, aluminum foundry or aluminum extrusion facility shall be considered to be an area source if it does not emit, or have the potential to emit, considering controls, 10 tons per year or more of any single listed HAP or 25 tons per year of any combination of listed HAP from all emission sources which are located in a contiguous area and under common control, without regard to whether or not the sources are regulated under this subchapter or any other subchapter. In the case of an aluminum die casting facility, aluminum foundry or aluminum extrusion facility which is an area source and is subject to regulation under this subchapter only because it operates a thermal chip dryer, no furnace operated by such a facility shall be deemed to be subject to the requirements of this subchapter if it melts only clean charge, internal scrap or customer returns.

NR 463.11 History History: CR 04-023: cr. Register December 2008 No. 636, eff. 1-1-09.

NR 463.115 NR 463.115 Dates.

NR 463.115(1) (1) The owner or operator of an existing affected source shall comply with the requirements of this subchapter by March 24, 2003.

NR 463.115(2) (2) Except as provided in sub. (3), the owner or operator of a new affected source that commences construction or reconstruction after February 11, 1999 shall comply with the requirements of this subchapter by March 24, 2000 or upon startup, whichever is later.

NR 463.115(3) (3) The owner or operator of any affected source which is constructed or reconstructed at any existing aluminum die casting facility, aluminum foundry or aluminum extrusion facility which otherwise meets the applicability criteria in s. NR 463.11 shall comply with the requirements of this subchapter by March 24, 2003 or upon startup, whichever is later.

NR 463.115 History History: CR 04-023: cr. Register December 2008 No. 636, eff. 1-1-09.

NR 463.12 NR 463.12 Definitions. For terms not defined in this section, the definitions contained in chs. NR 400 and 460 apply to the terms in this subchapter, with definitions in ch. NR 460 taking priority over definitions in ch. NR 400. If this section defines a term which is also defined in ch. NR 400 or 460, the definition in this section applies in this subchapter. In this subchapter:

NR 463.12(1) (1) “Add-on air pollution control device” means equipment installed on a process vent that reduces the quantity of a pollutant that is emitted to the air.

NR 463.12(2) (2) “Afterburner” means an air pollution control device that uses controlled flame combustion to convert combustible materials to noncombustible gases; also known as an incinerator or a thermal oxidizer.

NR 463.12(3) (3) “Aluminum scrap” means fragments of aluminum stock removed during manufacturing, manufactured aluminum articles or parts rejected or discarded and useful only as material for reprocessing, and waste and discarded material made of aluminum.