NR 463.10(1)(c)5.
5. A discussion of any economic or technical limitations the source may have in complying with relevant standards or other requirements after the proposed replacements. The discussion shall be sufficiently detailed to demonstrate to the department's satisfaction that the technical or economic limitations affect the source's ability to comply with the relevant standard and how they do so.
NR 463.10(1)(c)6.
6. If in the notification of reconstruction, the owner or operator designates the affected source as a reconstructed source and declares that there are no economic or technical limitations to prevent the source from complying with all relevant standards or requirements, the owner or operator need not submit the information required in
subds. 3. to
5.
NR 463.10(1)(d)
(d) The owner or operator of a new or reconstructed affected source that submits a notification under this subsection is not subject to approval by the department under this subchapter. Construction or reconstruction is subject only to notification and may begin upon submission of a complete notification. This paragraph applies only to affected sources which are exempt from permit requirements under
chs. NR 406 and
407.
NR 463.10(2)
(2) Submittal timeframes. After October 1, 1997, an owner or operator of a new or reconstructed affected source shall submit the notification of construction or reconstruction required by
sub. (1) according to the following schedule:
NR 463.10(2)(a)
(a) If construction or reconstruction commences after October 1, 1997, the notification shall be submitted as soon as practicable before the construction or reconstruction is planned to commence.
NR 463.10(2)(b)
(b) If the construction or reconstruction had commenced and initial startup had not occurred before October 1, 1997, the notification shall be submitted as soon as practicable before startup but no later than 60 days after October 1, 1997.
NR 463.10 History
History: Cr.
Register, September, 1997, No. 501, eff. 10-1-97;
CR 04-023: am. (1) (a), (b) 4., 9. and (d)
Register December 2008 No. 636, eff. 1-1-09.
NR 463.103(1)
(1) The owner or operator of each affected source subject to this subchapter shall fulfill all recordkeeping requirements outlined in this section and in the general provisions of
ch. NR 460, according to the applicability of
ch. NR 460 as identified in
ch. NR 460 Appendix N.
NR 463.103(2)
(2) The owner or operator of an affected source subject to this subchapter shall maintain all of the following records for the source:
NR 463.103(2)(a)
(a) Inspection records for the add-on air pollution control device, if such a device is used, and monitoring equipment, to document that the inspection and maintenance required by the work practice standards of
s. NR 463.05 and Table 1 of this subchapter have taken place. The record may take the form of a checklist and shall identify the device inspected, the date of inspection, a brief description of the working condition of the device during the inspection, and any actions taken to correct deficiencies found during the inspection.
NR 463.103(2)(b)
(b) Records of all maintenance performed on the affected source, the add-on air pollution control device and monitoring equipment.
NR 463.103(2)(c)
(c) Records of the occurrence, duration and cause, if known, of each malfunction of process, add-on air pollution control and monitoring equipment.
NR 463.103(2)(d)
(d) Records of actions taken during periods of malfunction when the actions are inconsistent with the operation and maintenance plan.
NR 463.103(2)(e)
(e) Other records, which may take the form of checklists, necessary to demonstrate consistency with the provisions of the operation and maintenance plan required by
s. NR 463.05 (2).
NR 463.103(2)(g)
(g) All measurements as may be necessary to determine the conditions of performance tests, including measurements necessary to determine compliance with the special compliance procedures of
s. NR 463.09 (5).
NR 463.103(2)(h)
(h) Records of monitoring data required by
s. NR 463.07 that are used to demonstrate compliance with the standard including the date and time the data are collected.
NR 463.103(2)(i)
(i) The specific identification, including date and times, of each period of excess emissions, as indicated by monitoring data, that occurs during malfunction of the process, add-on air pollution control or monitoring equipment.
NR 463.103(2)(j)
(j) The specific identification, including date and times, of each period of excess emissions, as indicated by monitoring data, that occurs during periods other than malfunction of the process, add-on air pollution control or monitoring equipment.
NR 463.103(2)(k)
(k) The total process operating time of the affected source during the reporting period.
NR 463.103(2)(L)
(L) Records of the actual cumulative rectifier capacity of hard chromium electroplating tanks at a facility expended during each month of the reporting period, and the total capacity expended to date for a reporting period, if the owner or operator is using the actual cumulative rectifier capacity to determine facility size in accordance with
s. NR 463.04 (3) (b).
NR 463.103(2)(m)
(m) For sources using fume suppressants to comply with the standards in
s. NR 463.04, records of the date and time that fume suppressants are added to the electroplating or anodizing bath.
NR 463.103(2)(n)
(n) For sources complying with
s. NR 463.04 (5), records of the bath components purchased, with the wetting agent clearly identified by its chemical name as a bath constituent contained in one of the components.
NR 463.103(2)(o)
(o) Any information demonstrating whether a source is meeting the requirements for a waiver of recordkeeping or reporting requirements, if the source has been granted a waiver under
s. NR 460.09 (6).
NR 463.103 History
History: Cr.
Register, September, 1997, No. 501, eff. 10-1-97;
CR 05-039: renum. from NR 463.11 and am. (2) (p)
Register February 2006 No. 602, eff. 3-1-06;
CR 04-023: am. (1), (2) (intro.) and (a)
Register December 2008 No. 636, eff. 1-1-09;
correction in (1) made under s. 35.17, Stats., Register June 2015 No. 714. NR 463.106
NR 463.106 Reporting requirements. The owner or operator of each affected source subject to this subchapter shall fulfill all reporting requirements outlined in this section and in the general provisions of
ch. NR 460, according to the applicability of
ch. NR 460 as identified in
ch. NR 460 Appendix N. Owners or operators complying with the provisions of
s. NR 463.04 (5) shall meet the requirements of
sub. (9) rather than the requirements of
subs. (1) to
(8).
NR 463.106(1)
(1) Report submittals. Reports under this section shall be made to the department as follows:
NR 463.106(1)(a)
(a) Reports required by
ch. NR 460 and this section may be sent by U.S. mail, fax or by another courier.
NR 463.106(1)(a)1.
1. Submittals sent by U.S. mail shall be postmarked on or before the specified date.
NR 463.106(1)(a)2.
2. Submittals sent by other methods shall be received by the department on or before the specified date.
NR 463.106(1)(b)
(b) If acceptable to both the department and the owner or operator of an affected source, reports may be submitted on electronic media.
NR 463.106 Note
Note: Submittals sent by U.S. mail should be addressed to the Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707. Submittals by another courier should be delivered to department's Bureau of Air Management, 7th floor, 101 South Webster Street, Madison WI 53703. Submittals by fax should be directed to (608) 267-0560.
NR 463.106(2)
(2) Timing of applicability. The reporting requirements of this section apply to the owner or operator of an affected source when the source becomes subject to the provisions of this subchapter.
NR 463.106(3)
(3) Initial notifications. The owner or operator of a new or reconstructed affected source that has an initial startup after October 1, 1997, shall comply with
par. (a) or
(b), as applicable.
NR 463.106(3)(a)
(a) If no permit application is required under
s. NR 406.03 or
407.04 (1) (b) 3., the owner or operator shall submit an initial notification report to the department, in addition to the notification of construction or reconstruction required by
s. NR 463.10 (1), as follows:
NR 463.106(3)(a)1.
1. A notification of the date when construction or reconstruction was commenced shall be submitted simultaneously with the notification of construction or reconstruction, if construction or reconstruction was commenced on or before October 1, 1997.
NR 463.106(3)(a)2.
2. A notification of the date when construction or reconstruction was commenced shall be submitted no later than 30 calendar days after that date, if construction or reconstruction was commenced after October 1, 1997.
NR 463.106(3)(a)3.
3. A notification of the actual date of startup of the source shall be submitted within 30 calendar days after that date.
NR 463.106(3)(b)
(b) If a permit application is required under
s. NR 406.03 or
407.04 (1) (b) 3. prior to construction or reconstruction, submittal of a completed permit application and compliance with the conditions in any permit subsequently issued shall be deemed to meet the notification requirements of
par. (a).
NR 463.106(4)(a)(a) The owner or operator of an affected source shall notify the department in writing of the owner or operator's intention to conduct a performance test at least 60 calendar days before the test is scheduled to begin to allow the department to have an observer present during the test. Observation of the performance test by the department is optional.
NR 463.106(4)(b)
(b) In the event the owner or operator is unable to conduct the performance test as scheduled, the provisions of
s. NR 439.07 (4) apply.
NR 463.106(5)(a)(a) A notification of compliance status is required each time that an affected source becomes subject to the requirements of this subchapter.
NR 463.106(5)(b)
(b) Each time a notification of compliance status is required under this subsection, the owner or operator of an affected source shall submit to the department a notification of compliance status, signed by the responsible official, as defined in
s. NR 400.02 (136), who shall certify its accuracy, attesting to whether the affected source has complied with this subchapter. The notification shall list for each affected source the following:
NR 463.106(5)(b)1.
1. The applicable emission limitation and the methods that were used to determine compliance with this limitation.
NR 463.106(5)(b)2.
2. If a performance test is required by this subchapter, the test report documenting the results of the performance test, which contains the elements required by
s. NR 463.09 (1), including measurements and calculations to support the special compliance provisions of
s. NR 463.09 (5) if these are being followed.
NR 463.106(5)(b)3.
3. The type and quantity of hazardous air pollutants emitted by the source reported in mg/dscm or mg/hr if the source is using the special provisions of
s. NR 463.09 (5) to comply with the standards in
s. NR 463.04. If the owner or operator is subject to the construction and reconstruction provisions of
s. NR 463.10 and had previously submitted emission estimates, the owner or operator shall state that this report corrects or verifies the previous estimates. For sources not required to conduct a performance test in accordance with
s. NR 463.06 (3), the surface tension measurement may fulfill this requirement.
NR 463.106(5)(b)4.
4. For each monitored parameter for which a compliant value is to be established under
s. NR 463.07, the specific operating parameter value, or range of values, that corresponds to compliance with the applicable emission limit.
NR 463.106(5)(b)5.
5. The methods that will be used to determine continuous compliance, including a description of monitoring and reporting requirements, if methods differ from those identified in this subchapter.
NR 463.106(5)(b)6.
6. A description of the air pollution control technique for each emission point.
NR 463.106(5)(b)7.
7. A statement that the owner or operator has completed and has on file the operation and maintenance plan as required by the work practice standards in
s. NR 463.05.
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)(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)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)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)(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.
