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).

NR 460.05(6)(f)2.2. Whenever an opacity emission test method has not been specified in an applicable subpart of 40 CFR part 63 or in an applicable provision of chs. NR 460 to 469, or an owner or operator of an affected source is required to conduct observations according to Method 9 of Appendix A of 40 CFR part 60, incorporated by reference in s. NR 484.04 (13), the owner or operator may submit, for compliance purposes, COMS data results produced during any performance test required under s. NR 460.06 in lieu of Method 9 data. If the owner or operator elects to submit COMS data for compliance with the opacity emission standard, he or she shall notify the department of that decision, in writing, simultaneously with the notification under s. NR 460.06 (2) of the date the performance test is scheduled to begin. Once the owner or operator of an affected source has notified the department to that effect, the COMS data results will be used to determine opacity compliance during subsequent performance tests required under s. NR 460.06, unless the owner or operator notifies the department in writing to the contrary not later than with the notification under s. NR 460.06 (2) of the date the subsequent performance test is scheduled to begin.

NR 460.05(6)(f)3.3. For the purposes of determining compliance with the opacity emission standard during a performance test required under s. NR 460.06 using COMS data, the COMS data shall be reduced to 6-minute averages over the duration of the mass emission performance test.

NR 460.05(6)(f)4.4. The owner or operator of an affected source using a COMS for compliance purposes is responsible for demonstrating the performance evaluation requirements of s. NR 460.07 (5) have been met, the COMS has been properly maintained, operated and data quality-assured, as specified in s. NR 460.07 (3) and (4), and the resulting data have not been altered in any way.

NR 460.05(6)(f)5.5. Except as provided in subd. 2., the results of continuous monitoring by a COMS that indicate that the opacity at the time visual observations were made was not in excess of the emission standard are probative but not conclusive evidence of the actual opacity of an emission, provided that the affected source proves that, at the time of the alleged violation, the instrument used was properly maintained, as specified in s. NR 460.07 (3), and met Performance Specification 1 in Appendix B of 40 CFR part 60, incorporated by reference in s. NR 484.04 (21), and that the resulting data have not been altered in any way.

NR 460.05(6)(g)(g) Finding of compliance. The department shall make a finding concerning an affected source’s compliance with an opacity or visible emission standard upon obtaining all the compliance information required by the relevant standard, including the written reports of the results of the performance tests required by s. NR 460.06, the results of Method 9 of Appendix A of 40 CFR part 60, incorporated by reference in s. NR 484.04 (13), or another required opacity or visible emission test method, the observer certification required by par. (e), and the continuous opacity monitoring system results, whichever are applicable, and any information available to the department needed to determine whether proper operation and maintenance practices are being used.

NR 460.05(7)(a)(a) Until a compliance date extension has been granted by the administrator or the department under this subsection or 40 CFR 63.6 (i), the owner or operator of an affected source subject to the requirements of this section shall comply with all applicable requirements of 40 CFR part 63 and chs. NR 460 to 469.

NR 460.05(7)(b)(b) Pursuant to section 112 (i) (6) of the act (42 USC 7412 (i) (6)), if the owner or operator of an existing source has installed BACT, as defined in section 169 (3) of the act (42 USC 7479 (3)), or technology required to meet a LAER, as defined in section 171 of the act (42 USC 7501), prior to the promulgation of an emission standard in 40 CFR part 63 applicable to the source and the same pollutant or stream of pollutants controlled pursuant to the BACT or LAER installation, the department may grant the owner or operator an extension of the compliance date with the emission standard that will apply until the date 5 years after the date on which the installation was achieved, as determined by the department.

NR 460.05(7)(c)1.a.a. The owner or operator of an existing source who is unable to comply with a relevant standard established under 40 CFR part 63 pursuant to section 112 (d) of the act (42 USC 7412 (d)) may request that the department grant an extension allowing the source up to one additional year to comply with the standard, if the additional period is necessary for the installation of controls. The owner or operator of an affected source who has requested a compliance date extension under this subsection or 40 CFR 63.6 (i) and who is otherwise required to obtain a part 70 permit shall apply for the permit or apply to have the source’s part 70 permit revised to incorporate the conditions of the compliance date extension. The conditions of a compliance date extension granted under this subsection will be incorporated into the affected source’s part 70 permit.

NR 460.05 NoteNote: Under 40 CFR 63.6 (i) (4) (i) (A), the administrator may provide an additional extension of up to 3 years for mining waste operations, if the 1-year extension of the compliance date is insufficient to dry and cover mining waste in order to reduce emissions of any hazardous air pollutant.

NR 460.05(7)(c)1.b.b. Any request under this subsection for an extension of compliance with a relevant standard shall be submitted in writing to the department no later than 120 days prior to the affected source’s compliance date, as specified in subs. (2) and (3), except as provided for in subd. 1. c. Non-frivolous requests submitted under this subsection will stay the applicability of the rule as to the emission points in question until the time the request is granted or denied. A denial will be effective as of the date of denial. Emission standards established under 40 CFR part 63 may specify alternative dates for the submittal of requests for an extension of compliance if alternatives are appropriate for the source categories affected by those standards.

NR 460.05(7)(c)1.c.c. An owner or operator may submit a compliance extension request after the date specified in subd. 1. b. provided the need for the compliance extension arose after that date, and before the otherwise applicable compliance date, and the need arose due to circumstances beyond reasonable control of the owner or operator. This request shall include, in addition to the information required in par. (e) 1., a statement of the reasons additional time is needed and the date when the owner or operator first learned of the problems. Non-frivolous requests submitted under this subsection will stay the applicability of the rule as to the emission points in question until the time the request is granted or denied. A denial will be effective as of the original compliance date.

NR 460.05(7)(c)2.2. The owner or operator of an existing source unable to comply with a relevant standard established under 40 CFR part 63 pursuant to section 112 (f) of the Act (42 USC 7412 (f)) may request that the department grant an extension allowing the source up to 2 years after the standard’s effective date to comply with the standard. The department may grant an extension if it finds that the additional period is necessary for the installation of controls and that steps will be taken during the period of the extension to assure that the health of persons will be protected from imminent endangerment. Any request for an extension of compliance with a relevant standard under this subsection shall be submitted in writing to the department not later than 90 calendar days after the effective date of the relevant standard.

NR 460.05(7)(d)(d) The owner or operator of an existing source that has installed BACT or technology required to meet LAER, as specified in par. (b), prior to the promulgation of a relevant emission standard in 40 CFR part 63 may request that the department grant an extension allowing the source 5 years from the date on which the installation was achieved, as determined by the department, to comply with the standard. Any request for an extension of the compliance date for a relevant standard under this subsection shall be submitted in writing to the department not later than 120 days after the promulgation date of the standard. The department may grant an extension if it finds that the installation of BACT or technology to meet LAER controls the same pollutant or stream of pollutants that would be controlled at that source by the relevant emission standard.