Current through August 26, 2024
The department may set an alternate opacity limit for a
source according to the criteria and certification procedures in this
section.
(1) SOURCE CRITERIA. A source
is eligible for an alternate opacity limit if it meets all of the following
criteria:
(a) The source of emissions is not
a fugitive emission source.
(b) The
source is subject to an emission limitation in the form of a mass rate, stack
gas concentration, or a fuel requirement for all pollutants that contribute to
the opacity of a source's emissions.
(c) All emission units subject to the
alternate opacity request are in compliance with all applicable provisions of
chs.
NR
400 to
499, ch. 285, Stats., and all
permit conditions with the exception of visible emission limits.
(d) The owner or operator of the source
installs and operates a continuous emission monitor (CEM) for opacity that
meets the performance specifications in s.
NR 439.09.
(e) The source is operated and maintained in
such a manner as to minimize opacity through measures which are not
discontinued once an alternate opacity limit is established.
(2) PROCEDURES. The procedure for
establishing an alternate opacity limit is as follows:
(a) The source owner or operator shall notify
the department in writing of its request to establish an alternate opacity
limit at least 45 days prior to the performance of any testing for the purpose
of establishing an alternate opacity limit. This notice shall include both of
the following:
1. A test plan complying with
s.
NR 439.07.
2.
A quality assurance plan for the operation of a continuous emission
monitor.
(b) The
department shall review the notice required in par. (a) and shall approve,
approve with conditions or disapprove the test and quality assurance plans
within 30 days after receipt of the notice.
(c) Not more than 30 days prior to the
emission test, the continuous emission monitor shall pass a performance
specification test as required by s.
NR 439.09(1) and a quarterly calibration
error audit as required under s.
NR 439.09(8).
(d) If a continuous emission monitor
exemption is granted under sub. (3), the department shall provide a person who
is certified in visible emission evaluation to read opacity throughout the
entire emission test period.
(e)
Opacity data shall be collected throughout the entire emission test
period.
(f) The emission testing
shall be conducted in accordance with the methods and procedures of ch. NR
439.
(3) EXEMPTION FROM
CONTINUOUS EMISSION MONITOR REQUIREMENT. The department may exempt a source
owner or operator from the continuous emission monitor requirements in subs.
(1) (d) and (2) if the following conditions are met:
(a) The source owner or operator requests an
exemption in filing the notice required under sub. (2) (a).
(b) The source owner or operator demonstrates
that the continuous emission monitor for opacity will not give representative
readings.
(c) The department
reviews and approves the request for exemption.
(4) CALCULATION OF THE ALTERNATE OPACITY
LIMIT. To calculate an alternate opacity limit:
(a) The average opacity during each
repetition of the performance test shall be determined by summing the
individual readings taken during that repetition, by a continuous emission
monitor for opacity or the department's observer, and dividing the sum by the
number of readings.
(b) The
alternate opacity limit shall be established at 10% opacity above the
arithmetic mean rounded to the nearest whole number of the average opacity
values determined for each performance test repetition which demonstrates
compliance with all other applicable emission limits.
(5) RESTRICTION ON ESTABLISHING LIMIT. No
alternate opacity limit may be established under this section if any other
applicable emission limit would be violated by the source when operating at an
opacity established under sub. (4).
