(1) Compliance with
standards in this chapter, other than opacity standards, shall be determined
only by performance tests established by s.
NR 440.08,
unless otherwise specified in the applicable standard.
(2) Compliance with opacity standards in this
chapter shall be determined by conducting observations in accordance with
Method 9 in 40 CFR part 60, Appendix A, incorporated by reference in s.
NR 440.17(1), with any alternative
method that is approved by the administrator, or as provided in sub. (5) (e).
For purposes of determining initial compliance, the minimum total time of
observations shall be 3 hours (30 6-minute averages) for the performance test
or other set of observations (meaning those fugitive-type emission sources
subject only to an opacity standard).
(3) The opacity standards set forth in this
chapter shall apply at all times except during periods of startup, shutdown,
malfunction and as otherwise provided in the applicable standard.
(4) At all times, including periods of
startup, shutdown and malfunction, owners and operators shall, to the extent
practicable, maintain and operate any affected facility including associated
air pollution control equipment in a manner consistent with good air pollution
control practice for minimizing emissions. Determination of whether acceptable
operating and maintenance procedures are being used will be based on
information available to the department which may include, but is not limited
to, monitoring results, opacity observations, review of operating and
maintenance procedures and inspection of the source.
(5)
(a) For
the purpose of demonstrating initial compliance, opacity observations shall be
conducted concurrently with the initial performance test required in s.
NR 440.08,
unless one of the following conditions apply:
1. If no performance test under s.
NR 440.08 is
required, then opacity observations shall be conducted within 60 days after
achieving the maximum production rate at which the affected facility will be
operated, but no later than 180 days after initial startup of the
facility.
2. If visibility or other
conditions prevent the opacity observations from being conducted concurrently
with the initial performance test required under s.
NR 440.08, the
owner or operator of an affected facility shall reschedule the opacity
observations as soon after the initial performance test as possible, but not
later than 30 days thereafter, and shall advise the department of the
rescheduled date.
(b)
When the conditions specified in par. (a) 1. or 2. are met, the 30-day prior
notification to the department required in s.
NR 440.07(1)
(f) shall be waived. A rescheduled opacity
observation shall be conducted, to the extent possible, under the same
operating conditions that existed during the initial performance test conducted
under s.
NR 440.08. The
visible emissions observer shall determine whether visibility or other
conditions prevent the opacity observations from being made concurrently with
the initial performance test in accordance with procedures contained in Method
9 of Appendix A, 40 CFR part 60, incorporated by reference in s.
NR 440.17(1). Opacity readings of
portions of plumes which contain condensed, uncombined water vapor may not be
used for purposes of determining compliance with opacity standards. The owner
or operator of an affected facility shall make available, upon request by the
department, such records as may be necessary to determine the conditions under
which the visual observations were made and shall provide evidence indicating
proof of current visible emissions observer certification. Except as provided
in par. (f), the results of continuous monitoring by transmissometer which
indicate that the opacity at the time visual observations were made was not in
excess of the standard are probative but not conclusive evidence of the actual
opacity of an emission, provided that the owner or operator shall meet the
burden of proving that the instrument used meets, at the time of the alleged
violation indicated by visual observation, Performance Specification 1 in
Appendix B, 40 CFR part 60, incorporated by reference in s.
NR 440.17(1), has been properly
maintained and that the resulting data collected at the time of the alleged
violation have not been altered in any way.
(c) Except as provided in par. (d), the owner
or operator of an affected facility to which an opacity standard in this
chapter applies shall conduct opacity observations in accordance with sub. (2),
shall record the opacity of emissions, and shall report to the department the
opacity results along with the results of the initial performance test required
under s.
NR 440.08. The
inability of an owner or operator to secure a visible emissions observer may
not be considered a reason for not conducting the opacity observations
concurrently with the initial performance test.
(d) The owner or operator of an affected
facility to which an opacity standard in this chapter applies may request the
department to determine and to record the opacity of emissions from the
affected facility during the initial performance test and at such times as may
be required. The owner or operator of the affected facility shall report the
opacity results to the department. Any request to the department to determine
and to record the opacity of emissions from an affected facility shall be
included in the notification required in s.
NR 440.07(1)
(f). If the department cannot determine and
record the opacity of emissions from the affected facility during the
performance test, then the provisions of pars. (a) and (b) shall apply.
(e) An owner or operator of an
affected facility using a continuous opacity monitor (transmissometer) shall
record the monitoring data produced during the initial performance test
required by s.
NR 440.08 and
shall furnish the department a written report of the monitoring results along
with the results obtained using Method 9 of Appendix A, 40 CFR part 60,
incorporated by reference in s.
NR 440.17, and s.
NR 440.08
performance test results.
(f) An
owner or operator of an affected facility subject to an opacity standard may
submit, for compliance purposes, continuous opacity monitoring system (COMS)
data results produced during any performance test required under s.
NR 440.08 in
lieu of Method 9 of Appendix A, 40 CFR part 60, incorporated by reference in s.
NR 440.17(1), observation data. If an
owner or operator elects to submit COMS data for compliance with the opacity
standard, he or she shall notify the department of that decision, in writing,
at least 30 days before any performance test required under s.
NR 440.08 is
conducted. Once the owner or operator of an affected facility has notified the
department to that effect, the department shall use the COMS data results to
determine compliance with the opacity standard during subsequent tests required
under s.
NR 440.08,
until the owner or operator notifies the department, in writing, to the
contrary. For the purpose of determining compliance with the opacity standard
during a performance test required under s.
NR 440.08 using
COMS data, the minimum total time of COMS data collection shall be sufficient
to include the averages of all 6-minute continuous periods within the duration
of the mass emission performance test. Results of the COMS opacity
determinations shall be submitted along with the results of the performance
test required under s.
NR 440.08. The
owner or operator of an affected facility using a COMS for compliance purposes
is responsible for demonstrating that the COMS meets the requirements specified
in s.
NR 440.13(3), that the COMS has been
properly maintained and operated, and that the resulting data have not been
altered in any way. If COMS data results are submitted for compliance with the
opacity standard for a period of time during which Method 9 of Appendix A, 40
CFR part 60, incorporated by reference in s.
NR 440.17(1), data indicate
noncompliance, the Method 9 data shall be used to determine compliance with the
opacity standard.
(g) Upon receipt
from an owner or operator of the written reports of the results of the
performance tests required by s.
NR 440.08, the
opacity observation results and observer certification required by sub. (5)
(b), and the COMS results, if applicable, the department shall make a finding
concerning compliance with opacity and other applicable standards. If COMS data
results are used to comply with an opacity standard, only those results are
required to be submitted along with the performance test results required by s.
NR 440.08. If
the department finds that an affected facility is in compliance with all
applicable standards for which performance tests are conducted in accordance
with s.
NR 440.08, but
during the time such performance tests are being conducted fails to meet any
applicable opacity standard, the department shall notify the owner or operator
and advise him or her that he or she may petition the administrator within 10
days of receipt of notification to make appropriate adjustment to the opacity
standard for the affected facility.
Note: Under
40 CFR
60.11(e) (7) and (8), the
administrator will grant a petition for adjustment of the opacity standard for
an affected facility upon a demonstration by the owner or operator that the
facility and associated air pollution control equipment were operated and
maintained in a manner to minimize the opacity of emissions during the
performance tests; that the performance tests were performed under the
conditions established by the department; and that the affected facility and
associated air pollution control equipment were incapable of being adjusted or
operated to meet the applicable opacity standard. The administrator will
establish an opacity standard for the affected facility at a level at which the
source will be able, as indicated by the performance and opacity tests, to meet
the opacity standard at all times during which the source is meeting the
applicable mass or concentration emission standard. The administrator will
promulgate the new opacity standard in the federal register.
(6) Special provisions
set forth under an applicable section of this chapter shall supersede any
conflicting provisions of this section.
