Wisconsin Administrative Code
Department of Natural Resources
NR 400-499 - Environmental Protection - Air Pollution Control
Chapter NR 460 - Emission Standards For Hazardous Air Pollutants For Source Categories-General Provisions
Section NR 460.06 - Performance testing requirements

(a) Unless otherwise specified, this section applies to the owner or operator of an affected source required to do performance testing, or another form of compliance demonstration, under a relevant standard.

(b) Except as provided in par. (d), if required to do performance testing by a relevant standard, and unless a waiver of performance testing is obtained under this section or the conditions of sub. (5) apply, the owner or operator of the affected source shall perform the tests within 180 days of the compliance date.

(c) Except as provided in par. (d), when an emission standard promulgated under 40 CFR part 63 is more stringent than the standard as proposed, the owner or operator of a new or reconstructed source subject to that standard for which construction or reconstruction is commenced between the proposal and promulgation dates of the standard shall comply with performance testing requirements within 180 days after the standard's effective date, or within 180 days after startup of the source, whichever is later. If the promulgated standard is more stringent than the proposed standard, the owner or operator may choose to demonstrate compliance with either the proposed or the promulgated standard. If the owner or operator chooses to comply with the proposed standard initially, the owner or operator shall conduct a second performance test within 3 years and 180 days after the effective date of the standard, or after startup of the source, whichever is later, to demonstrate compliance with the promulgated standard.

(d) If a force majeure is about to occur, occurs or has occurred for which the affected owner or operator intends to assert a claim of force majeure, all of the following apply:

(a) Sampling ports adequate for test methods applicable to the source. This includes all of the following:

(b) Safe sampling platforms.

(c) Safe access to sampling platforms.

(d) Utilities for sampling and testing equipment.

(e) Any other facilities that the department deems necessary for safe and adequate testing of a source.

(a) Performance tests shall be conducted under such conditions as the department specifies to the owner or operator based on normal, representative performance of the affected source. Operations during periods of startup, shutdown and malfunction do not constitute representative conditions for the purpose of a performance test, nor will emissions in excess of the level of the relevant standard during periods of startup, shutdown and malfunction be considered a violation of the relevant standard unless otherwise specified in the relevant standard or a determination of noncompliance is made under s. NR 460.05(4). Upon request, the owner or operator shall make available to the department such records as may be necessary to determine the conditions of performance tests.

(b) Performance tests shall be conducted and data shall be reduced in accordance with the test methods and procedures in this section, in each relevant standard, and, if required, in applicable appendices of parts 51, 60, 61 and 63 of title 40 of the code of federal regulations, incorporated by reference in s. NR 484.04(9), (13), (21), (23) and (25), unless any of the following actions is taken:

(c) Unless otherwise specified in a relevant standard or test method, each performance test shall consist of 3 separate runs using the applicable test method. Each run shall be conducted for the time and under the conditions specified in the relevant standard. For the purpose of determining compliance with a relevant standard, the arithmetic mean of the results of the 3 runs shall apply. Upon receiving approval from the department, results of a test run may be replaced with results of an additional test run in the event that any of the following occurs:

(a) Until authorized to use an intermediate or major change or alternative to a test method, the owner or operator of an affected source remains subject to the requirements of this section and the relevant standard.

Note: Under 40 CFR 63.91(g) only EPA can approve major alternatives to test methods.

(b) The owner or operator of an affected source required to do performance testing by a relevant standard may use an alternative test method from that specified in the standard provided that the owner or operator does all of the following:

(c) The department shall determine whether the owner or operator's validation of the proposed alternative test method is adequate and issue an approval or disapproval of the alternative test method. If the owner or operator intends to demonstrate compliance by using an alternative to any test method specified in the relevant standard, the owner or operator is authorized to conduct the performance test using an alternative test method after the department approves the use of the alternative method. However, the owner or operator is authorized to conduct the performance test using an alternative method in the absence of notification of approval or disapproval 45 days after submission of the request to use an alternative method and the request satisfies the requirements in par. (b). The owner or operator is authorized to conduct the performance test within 60 calendar days after authorization to demonstrate compliance using an alternative test method. Notwithstanding the requirements in the preceding 3 sentences, the owner or operator may proceed to conduct the performance test as required in this section, without the department's prior approval of the site-specific test plan, if the owner or operator subsequently chooses to use the specified testing and monitoring methods instead of an alternative.

(d) If the department finds reasonable grounds to dispute the results obtained by an alternative test method for the purposes of demonstrating compliance with a relevant standard, the department may require the use of a test method specified in a relevant standard.

(e) If the owner or operator uses an alternative test method for an affected source during a required performance test, the owner or operator of the source shall continue to use the alternative test method for subsequent performance tests at that affected source until he or she receives approval from the department to use another test method as allowed under this subsection.

(f) Neither the validation and approval process nor the failure to validate an alternative test method shall abrogate the owner or operator's responsibility to comply with the requirements of 40 CFR part 63 or chs. NR 460 to 469.

(a) Unless otherwise specified in a relevant standard or test method, or as otherwise approved by the department in writing, results of a performance test shall include the analysis of samples, determination of emissions and raw data. A performance test is "completed" when field sample collection is terminated. The owner or operator of an affected source shall report the results of the performance test to the department before the close of business on the 60th day following the completion of the performance test, unless specified otherwise in a relevant standard or as approved otherwise in writing by the department. The results of the performance test shall be submitted as part of the notification of compliance status required under s. NR 460.08(8). The owner or operator shall send the results of the performance test to the department.

(b) For a minimum of 5 years after a performance test is conducted, the owner or operator shall retain and make available, upon request, for inspection by the department the records or results of the performance test and other data needed to determine emissions from an affected source.

(a) Until a waiver of a performance testing requirement has been granted by the department under this subsection, the owner or operator of an affected source remains subject to the requirements of this section.

(b) Individual performance tests may be waived upon written application to the department if, in the department's judgment, the source is meeting the relevant standards on a continuous basis, or the source is being operated under a compliance date extension, or the owner or operator has requested a compliance date extension and the department is still considering that request.

(c)

(d) The department shall approve or deny a request for a waiver of a performance test made under par. (c) when it does whichever of the following applies:

(e) Approval of any waiver granted under this section may not in any way prohibit the department from later canceling the waiver. The cancellation shall be made only after notice is given to the owner or operator of the affected source.