2For the reporting period: If the total duration of excess emissions is 1% or greater of the total operating time or the total CMS downtime is 5% or greater of the total operating time, both the summary report form and the excess emission report described in sub. (3) shall be submitted.

NR 440.07(5)(a)(a) Notwithstanding the frequency of reporting requirements specified in sub. (3), an owner or operator who is required by an applicable section to submit excess emissions and monitoring systems performance reports and summary reports on a quarterly, or more frequent, basis may reduce the frequency of reporting for that standard to semiannual if the conditions in subds. 1. and 2. are met. The department does not object to a reduced frequency of reporting for the affected facility, as provided in par. (b).

NR 440.07(5)(a)1.1. For 1 full year (for example, 4 quarterly or 12 monthly reporting periods), the affected facility’s excess emissions and monitoring systems reports submitted to comply with a standard under this chapter continually demonstrate that the facility is in compliance with the applicable standard.

NR 440.07(5)(b)(b) The frequency of reporting of excess emissions and monitoring systems performance and summary reports may be reduced only after the owner or operator notifies the department in writing of the intention to make a change and the department does not object to the intended change. In deciding whether to approve a reduced frequency of reporting, the department may review information concerning the source’s entire previous performance history during the required recordkeeping period prior to the intended change, including performance test results, monitoring data and evaluations of an owner or operator’s conformance with operation and maintenance requirements. This 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 the frequency of reporting, the department will 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 440.07(5)(c)(c) As soon as monitoring data indicate that the affected facility is not in compliance with any emission limitation or operating parameter specified in the applicable standard, the frequency of reporting shall revert to the frequency specified in the applicable standard, and the owner or operator shall submit an excess emissions and monitoring systems performance report, and summary report if required, at the next appropriate reporting period following the noncomplying event. After demonstrating compliance with the applicable standard for another full year, the owner or operator may again request approval from the department to reduce the frequency of reporting for that standard as provided for in pars. (a) and (b).

NR 440.07(6)(a)(a) Any owner or operator subject to this chapter shall maintain a file of all measurements, including continuous monitoring system, monitoring device and performance testing measurements; all continuous monitoring system performance evaluations; all continuous monitoring system or monitoring device calibration checks; adjustments and maintenance performed on these systems or devices; and all other information required by this chapter recorded in a permanent form suitable for inspection. The file shall be retained for at least 2 years following the date of such measurements, maintenance, reports and records, except as provided for in pars. (b) to (d).

NR 440.07(6)(b)(b) This paragraph applies to owners or operators required to install a continuous emissions monitoring system (CEMS) where the CEMS installed is automated, and where the calculated data averages do not exclude periods of CEMS breakdown or malfunction. An automated CEMS records and reduces the measured data to the form of the pollutant emission standard through the use of a computerized data acquisitions system. In lieu of maintaining a file of all CEMS subhourly measurements, as required under par. (a), the owner or operator shall retain the most recent consecutive 3 averaging periods of subhourly measurements and a file that contains a hard copy of the data acquisition system algorithm used to reduce the measured data into the reportable form of the standard.

NR 440.07(6)(c)(c) This paragraph applies to owners or operators required to install a continuous emissions monitoring system (CEMS) where the measured data is manually reduced to obtain the reportable form of the standard, and where the calculated data averages do not exclude periods of CEMS breakdown or malfunction. In lieu of maintaining a file of all CEMS subhourly measurements, as required under par. (a), the owner or operator shall retain all subhourly measurements for the most recent reporting period. The subhourly measurements shall be retained for 120 days from the date of the most recent summary or excess emission report submitted to the department.

NR 440.07(6)(d)(d) The department, upon notification to the source, may require the owner or operator to maintain all measurements, as required under par. (a), if the department determines these records are required to more accurately assess the compliance status of the affected source.

NR 440.07 HistoryHistory: Cr. Register, January, 1984, No. 337, eff. 2-1-84; cr. (5), Register, September, 1986, No. 369, eff. 10-1-86; cr. (1) (f) and (g), Register, September, 1990, No. 417; r. and recr. (3) (intro. ), cr. (3) (am) and (4), renum. (4) and (5) to be (5) and (6), Register, July, 1993, No. 451, eff. 8-1-93; am. (4) (b) Figure 1, Register, December, 1995, No. 480, eff. 1-1-96; CR 06-109: am. (1) (intro.) and (3) (intro.), r. (1) (b), renum. (5) and (6) to be (6) (a) and (7) and am. (6) (a), cr. (5) and (6) (b) to (d) Register May 2008 No. 629, eff. 6-1-08.

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.