NR 460.05(4)(c)8.8. The owner or operator may periodically revise the startup, shutdown and malfunction plan for the affected source as necessary to satisfy the requirements of 40 CFR part 63 or to reflect changes in equipment or procedures at the affected source. Unless the department provides otherwise, the owner or operator may make the revisions to the startup, shutdown and malfunction plan without prior approval by the administrator or the department. However, each revision to a startup, shutdown and malfunction plan shall be reported in the semiannual report required by s. NR 460.09 (4) (e). If the startup, shutdown and malfunction plan fails to address or inadequately addresses an event that meets the characteristics of a malfunction but was not included in the startup, shutdown and malfunction plan at the time the owner or operator developed the plan, the owner or operator shall revise the startup, shutdown and malfunction plan within 45 days after the event to include detailed procedures for operating and maintaining the source during similar malfunction events and a program of corrective action for similar malfunctions of process or air pollution control and monitoring equipment. In the event that the owner or operator makes any revision to the startup, shutdown and malfunction plan which alters the scope of the activities at the source which are deemed to be a startup, shutdown or malfunction, or otherwise modifies the applicability of any emission limit, work practice requirement, or other requirement in a standard established under 40 CFR part 63, the revised plan may not take effect until after the owner or operator has provided a written notice describing the revision to the department.

NR 460.05(4)(c)9.9. The title V permit for an affected source shall require that the owner or operator develop a startup, shutdown and malfunction plan which conforms to the provisions of this chapter, but may do so by citing the relevant chapter or the relevant parts of this subsection. However, any revisions made to the startup, shutdown and malfunction plan in accordance with the procedures established by this chapter may not be deemed to constitute permit revisions under ch. NR 406 or 407 and the elements of the startup, shutdown and malfunction plan may not be considered an applicable requirement as defined in ss. NR 406.02 and 407.02. Moreover, none of the procedures specified by the startup, shutdown and malfunction plan for an affected source shall be deemed to fall within the permit shield provision in section 504 (f) of the Act (42 USC 7661c (f)).

NR 460.05(5)(5) Compliance with nonopacity emission standards. The nonopacity emission standards in 40 CFR part 63 or in chs. NR 460 to 469 shall apply at all times except during periods of startup, shutdown and malfunction, and as otherwise specified in an applicable subpart of 40 CFR part 63 or in an applicable provision of chs. NR 460 to 469. If a startup, shutdown or malfunction of one portion of an affected source does not affect the ability of particular emission points within other portions of the affected source to comply with the nonopacity emission standards set forth in this chapter, then those emission points shall still be required to comply with the nonopacity emission standards in 40 CFR part 63 or in chs. NR 460 to 469.

NR 460.05(6)(a)(a) Applicability. The opacity and visible emission standards in 40 CFR part 63 and in chs. NR 460 to 469 shall apply at all times except during periods of startup, shutdown and malfunction, and as otherwise specified in an applicable subpart of 40 CFR part 63 or in an applicable provision of chs. NR 460 to 469. If a startup, shutdown or malfunction of one portion of an affected source does not affect the ability of particular emission points within other portions of the affected source to comply with the opacity and visible emission standards in 40 CFR part 63 or in chs. NR 460 to 469, then those emission points shall still be required to comply with the opacity and visible emission standards in 40 CFR part 63 or in chs. NR 460 to 469.

NR 460.05(6)(b)1.a.a. Whenever a continuous opacity monitoring system (COMS) is required to be installed to determine compliance with numerical opacity emission standards in 40 CFR part 63 and in chs. NR 460 to 469, compliance with opacity emission standards in 40 CFR part 63 and in chs. NR 460 to 469 shall be determined by using the results from the COMS.

NR 460.05(6)(b)1.b.b. Whenever an opacity emission test method is not specified, compliance with opacity emission standards in 40 CFR part 63 and in chs. NR 460 to 469 shall be determined by conducting observations in accordance with Method 9 in Appendix A of 40 CFR part 60, incorporated by reference in s. NR 484.04 (13), or the method specified in par. (f) 2.

NR 460.05(6)(b)2.2. If an affected source undergoes opacity or visible emission testing at startup to obtain an operation permit under ch. NR 407, the results of the testing may be used to demonstrate compliance with a relevant standard if all of the following occur:

NR 460.05(6)(c)(c) Notification of opacity or visible emission observations. The owner or operator of an affected source shall notify the department in writing of the anticipated date for conducting opacity or visible emission observations in accordance with s. NR 460.08 (6), if the observations are required for the source by a relevant standard.

NR 460.05(6)(d)1.1. For the purpose of demonstrating initial compliance, opacity or visible emission observations shall be conducted concurrently with the initial performance test required in s. NR 460.06 unless one of the following conditions applies:

NR 460.05(6)(d)1.a.a. If no performance test under s. NR 460.06 is required, opacity or visible emission observations shall be conducted within 60 days after achieving the maximum production rate at which a new or reconstructed source will be operated, but not later than 120 days after initial startup of the source, or within 120 days after the effective date of the relevant standard in the case of new MACT sources that start up before the standard’s effective date. If no performance test under s. NR 460.06 is required, opacity or visible emission observations shall be conducted within 120 days after the compliance date for an existing or modified source.

NR 460.05(6)(d)1.b.b. If visibility or other conditions prevent the opacity or visible emission observations from being conducted concurrently with the initial performance test required under s. NR 460.06, or within the time period specified in subd. 1. a., the source’s owner or operator shall reschedule the opacity or visible emission observations as soon after the initial performance test, or time period, as possible, but not later than 30 days thereafter, and shall advise the department of the rescheduled date. The rescheduled opacity or visible emission observations shall be conducted, to the extent possible, under the same operating conditions that existed during the initial performance test conducted under s. NR 460.06. The visible emissions observer shall determine whether visibility or other conditions prevent the opacity or visible emission observations from being made concurrently with the initial performance test in accordance with procedures contained in Method 9 or Method 22 in Appendix A of 40 CFR part 60, incorporated by reference in s. NR 484.04 (13).

NR 460.05(6)(d)2.2. For the purpose of demonstrating initial compliance, the minimum total time of opacity observations shall be 3 hours, 30 6-minute averages, for the performance test or other required set of observations, including fugitive-type emission sources subject only to an opacity emission standard.

NR 460.05(6)(d)3.3. The owner or operator of an affected source to which an opacity or visible emission standard in 40 CFR part 63 applies shall conduct opacity or visible emission observations in accordance with the provisions of this section, record the results of the evaluation of emissions, and report to the department the opacity or visible emission results in accordance with the provisions of s. NR 460.09 (4).

NR 460.05(6)(d)4.4. Opacity readings of portions of plumes that contain condensed, uncombined water vapor may not be used for purposes of determining compliance with opacity emission standards.

NR 460.05(6)(e)(e) Availability of records. The owner or operator of an affected source shall make available, upon request by the department, records that the department deems necessary to determine the conditions under which the visual observations were made and shall provide evidence indicating proof of current visible emission observer certification.

NR 460.05(6)(f)1.1. The owner or operator of an affected source required to use a continuous opacity monitoring system (COMS) shall record the monitoring data produced during a performance test required under s. NR 460.06 and shall furnish the department a written report of the monitoring results in accordance with the provisions of s. NR 460.09 (5) (d).