NR 460.05 Note Note: 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.

NR 460.05(7)(e) (e) The request for a compliance date extension under par. (c) shall include all of the following information:

NR 460.05(7)(e)1. 1. A description of the controls to be installed to comply with the standard.

NR 460.05(7)(e)2. 2. A compliance schedule, including the date by which each step toward compliance will be reached. At a minimum, the list of dates shall include all of the following:

NR 460.05(7)(e)2.a. a. The date by which on-site construction, installation of emission control equipment or a process change is planned to be initiated.

NR 460.05(7)(e)2.b. b. The date by which final compliance is to be achieved.

NR 460.05(7)(em) (em) The request for a compliance extension under par. (d) shall include all information needed to demonstrate to the department’s satisfaction 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.

NR 460.05(7)(f) (f) Advice on requesting an extension of a compliance date may be obtained from the department.

NR 460.05(7)(g) (g) Based on the information provided in any request made under pars. (c) to (em), or other information, the department may grant an extension of the compliance date for an emission standard, as specified in pars. (c) and (d).

NR 460.05(7)(h) (h) An extension shall be in writing and shall do all of the following:

NR 460.05(7)(h)1. 1. Identify each affected source covered by the extension.

NR 460.05(7)(h)2. 2. Specify the termination date of the extension.

NR 460.05(7)(h)3. 3. Specify the dates by which steps toward compliance are to be taken, if appropriate.

NR 460.05(7)(h)4. 4. Specify other applicable requirements to which the compliance extension applies, such as performance tests.

NR 460.05(7)(h)5. 5. Specify any additional conditions that the department deems necessary to assure any of the following:

NR 460.05(7)(h)5.a. a. Under par. (c), the installation of the necessary controls and protection of human health during the extension period.

NR 460.05(7)(h)5.b. b. Under par. (d), the proper operation and maintenance of the installed controls during the extension period.

NR 460.05(7)(i) (i) The owner or operator of an existing source that has been granted a compliance date extension under par. (g) may be required to submit to the department progress reports indicating whether the steps toward compliance outlined in the compliance schedule have been reached. The contents of the progress reports and the dates by which they shall be submitted shall be specified in the written compliance date extension granted under par. (h).

NR 460.05(7)(j) (j)

NR 460.05(7)(j)1. 1. The department shall notify the owner or operator in writing of approval or intention to deny approval of a request for an extension of compliance within 30 calendar days after receipt of sufficient information to evaluate a request submitted under par. (c) 1. or (d). The department shall notify the owner or operator in writing of the status of the application, that is, whether the application contains sufficient information to make a determination within 30 calendar days after receipt of the original application and within 30 calendar days after receipt of any supplementary information that is submitted. The 30-day approval or denial period shall begin after the owner or operator has been notified in writing that the application is complete.

NR 460.05(7)(j)2. 2. When notifying the owner or operator that an application is not complete, the department shall specify the information needed to complete the application and provide notice of opportunity for the applicant to present, in writing, within 30 calendar days after notification of the incomplete application, additional information or arguments to the department to enable further action on the application.

NR 460.05(7)(j)3. 3. Before denying any request for a compliance date extension, the department shall notify the owner or operator in writing of the department’s intention to issue the denial, together with all of the following:

NR 460.05(7)(j)3.a. a. Notice of the information and findings on which the intended denial is based.

NR 460.05(7)(j)3.b. b. Notice of opportunity for the owner or operator to present in writing, within 15 calendar days after notification of the intended denial, additional information or arguments to the department before further action on the request.

NR 460.05(7)(j)4. 4. The department’s final determination to deny any request for an extension shall be in writing and shall set forth the specific grounds on which the denial is based. The final determination shall be made within 30 calendar days after presentation of additional information or argument, if the application is complete, or within 30 calendar days after the final date specified for the presentation if no presentation is made.