Wisconsin Administrative Code
Department of Natural Resources
NR 400-499 - Environmental Protection - Air Pollution Control
Chapter NR 440 - Standards of performance for new stationary sources
Subchapter I - General Provisions
Section NR 440.185 - General notification and reporting requirements

Universal Citation: WI Admin Code ยง NR 440.185

Current through August 26, 2024

(1) For the purposes of this chapter, time periods specified in days shall be measured in calendar days, even if the word `calendar' is absent, unless otherwise specified in an applicable requirement.

(2) For the purposes of this chapter, if an explicit postmark deadline is not specified in an applicable requirement for the submittal of a notification, application, report or other written communication, the owner or operator shall postmark the submittal on or before the number of days specified in the applicable requirement. For example, if a notification is required to be submitted 15 days before a particular event is scheduled to take place, the notification shall be postmarked on or before 15 days preceding the event; likewise, if a notification is required to be submitted 15 days after a particular event takes place, the notification shall be delivered or postmarked on or before 15 days following the end of the event. The use of reliable non-government mail carriers that provide indications of verifiable delivery of information required to be submitted, similar to the postmark provided by the U.S. Postal Service, or alternative means of delivery, including the use of electronic media, agreed to by the department, is acceptable.

(3) Notwithstanding time periods or postmark deadlines specified in this chapter for the submittal of information by an owner or operator, or the review of submitted information by the department, time periods or deadlines may be changed by mutual agreement between the owner or operator and the department according to procedures in sub. (6).

(4) If an owner or operator of an affected facility is required to submit periodic reports under this chapter, and is also subject to periodic reporting requirements having the same reporting frequency under another chapter, the owner or operator may change the dates by which periodic reports under this chapter are submitted, without changing the frequency of reporting, to coincide with the other reporting schedule by mutual agreement between the owner or operator and the department according to procedures in sub. (6). This provision applies beginning one year after the affected facility is required to be in compliance with this chapter.

(5) If an owner or operator supervises one or more stationary sources affected by standards under this chapter and standards under either 40 CFR part 61 or 63, the owner or operator may arrange by mutual agreement between the owner or operator and the department, according to procedures in sub. (6), a common schedule on which periodic reports required by each applicable standard shall be submitted throughout the year. This provision applies beginning one year after the stationary source is required to be in compliance with this chapter, or one year after the stationary source is required to be in compliance with the applicable standard in 40 CFR part 61 or 63, whichever is latest.

(6)

(a) Until an adjustment of a time period or postmark deadline has been approved by the department under par. (c) or (d), the owner or operator of an affected facility remains strictly subject to the requirements of the applicable section.

(b) An owner or operator shall request the adjustment provided for in par. (c) or (d) for each change of an applicable time period or postmark deadline specified in this chapter.

(c) Notwithstanding time periods or postmark deadlines specified in this chapter for submittal of information, or the review of information by the department, time periods or postmark deadlines may be changed by mutual agreement between the owner or operator and the department. An owner or operator wishing to request a change in a time period or postmark deadline for a particular requirement shall request the adjustment in writing as soon as practicable before the subject activity is required to take place. The owner or operator shall include in the request whatever information is considered useful to convince the department that an adjustment is warranted.

(d) If, in the department's judgement, an owner or operator's request for an adjustment to a particular time period or postmark deadline is warranted, the department shall approve the adjustment. The department shall notify the owner or operator in writing of approval or disapproval of the request for an adjustment within 15 calendar days of receiving sufficient information to evaluate the request.

(e) If the department is unable to meet a specified deadline, the department shall notify the owner or operator of any significant delay and inform the owner or operator of the amended schedule.

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