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 460.07 - Monitoring requirements
Universal Citation: WI Admin Code ยง NR 460.07
Current through August 26, 2024
(1) APPLICABILITY.
(a)
1.
Unless otherwise specified in a relevant standard, this section applies to the
owner or operator of an affected source required to do monitoring under that
standard.
2. Relevant standards
established under 40 CFR part 63 or chs.
NR 460 to
469 will specify monitoring
systems, methods or procedures, monitoring frequency and other pertinent
requirements for sources regulated by those standards. This section specifies
general monitoring requirements such as those governing the conduct of
monitoring and requests to use alternative monitoring methods. In addition,
this section specifies detailed requirements that apply to affected sources
required to use CMS under a relevant standard.
(b) For the purposes of 40 CFR part 63 and in
chs.
NR 460 to
469, all continuous monitoring
systems required under relevant standards shall be subject to the provisions of
this section upon federal promulgation of performance specifications for
continuous monitoring systems as specified in the relevant standard or
otherwise by the department.
(c)
Additional monitoring requirements for control devices used to comply with
provisions in relevant standards of 40 CFR part 63 are specified in s.
NR 460.10.
(2) CONDUCT OF MONITORING.
(a) Except as provided in par. (am),
monitoring shall be conducted as set forth in this section and the relevant
standards unless the department or the administrator does any of the following:
1. Specifies or approves the use of minor
changes in methodology for the specified monitoring requirements and
procedures.
2. Approves the use of
an intermediate or major change or alternative to any monitoring requirements
or procedures.
(am)
Owners or operators with flares subject to s.
NR 460.10(2) are not subject to the
requirements of this section unless otherwise specified in the relevant
standard.
(b)
1. When the emissions from 2 or more affected
sources, are combined before being released to the atmosphere, the owner or
operator may install an applicable continuous monitoring system for each
emission stream or for the combined emissions streams, provided the monitoring
is sufficient to demonstrate compliance with the relevant standard.
2. If the relevant standard is a mass
emission standard and the emissions from one affected source are released to
the atmosphere through more than one point, the owner or operator shall install
an applicable continuous monitoring system at each emission point unless the
installation of fewer systems is any of the following:
a. Approved by the department.
b. Provided for in a relevant standard.
Note: For example, instead of requiring that a CMS be installed at each emission point before the emissions from those points are channeled to a common control device, the standard specifies that only one CMS is required to be installed at the vent of the control device.
(c) When
more than one continuous monitoring system is used to measure the emissions
from one affected source, the owner or operator shall report the results as
required for each continuous monitoring system. However, when one continuous
monitoring system is used as a backup to another continuous monitoring system,
the owner or operator shall report the results from the continuous monitoring
system used to meet the monitoring requirements of 40 CFR part 63. If both
continuous monitoring systems are used during a particular reporting period to
meet the monitoring requirements of 40 CFR part 63, then the owner or operator
shall report the results from each continuous monitoring system for the
relevant compliance period.
(3) OPERATION AND MAINTENANCE OF CONTINUOUS MONITORING SYSTEMS.
(a) The owner or operator
of an affected source shall maintain and operate each CMS as specified in this
section, or in a relevant standard, and in a manner consistent with good air
pollution control practices.
1. The owner or
operator of an affected source shall maintain and operate each CMS as specified
in s.
NR 460.05(4) (a).
2. The owner or operator shall keep the
necessary parts for routine repairs of the affected CMS equipment readily
available.
3. The owner or operator
of an affected source shall develop a written startup, shutdown and malfunction
plan for CMS as specified in s.
NR 460.05(4) (c).
(b)
1. All
CMS shall be installed such that representative measurements of emissions or
process parameters from the affected source are obtained. In addition, CEMS
shall be located according to procedures contained in the applicable
performance specifications.
2.
Unless the individual standard states otherwise, the owner or operator shall
ensure the read out, which is the portion of the CMS that provides a visual
display or record, or other indication of operation, from any CMS required for
compliance with the emission standard is readily accessible on site for
operational control or inspection by the operator of the equipment.
(c) All CMS shall be installed,
operational and the data verified as specified in the relevant standard either
prior to or in conjunction with the conduct of performance tests under s.
NR 460.06. Verification of operational status shall, at a
minimum, include completion of the manufacturer's written specifications or
recommendations for installation, operation and calibration of the
system.
(d) Except for system
breakdowns, out-of-control periods, repairs, maintenance periods, calibration
checks, and zero (low-level) and high-level calibration drift adjustments, all
CMS, including COMS and CEMS, shall be in continuous operation and shall meet
minimum frequency of operation requirements as follows:
1. All COMS shall complete a minimum of one
cycle of sampling and analyzing for each successive 10-second period and one
cycle of data recording for each successive 6-minute period.
2. All CEMS for measuring emissions other
than opacity shall complete a minimum of one cycle of operation, which includes
sampling, analyzing and data recording, for each successive 15-minute
period.
(e) Unless
otherwise approved by the department, minimum procedures for COMS shall include
a method for producing a simulated zero opacity condition and an upscale
(high-level) opacity condition using a certified neutral density filter or
other related technique to produce a known obscuration of the light beam.
Procedures shall provide a system check of all the analyzer's internal optical
surfaces and all electronic circuitry, including the lamp and photodetector
assembly normally used in the measurement of opacity.
(f) The owner or operator of a CMS that is
not a CPMS, which is installed in accordance with the provisions of 40 CFR part
63 and the applicable CMS performance specifications, shall check the zero
(low-level) and high-level calibration drifts at least once daily in accordance
with the written procedure specified in the performance evaluation plan
developed under sub. (5) (c) 1. and 2. The zero (low-level) and high-level
calibration drifts shall be adjusted, at a minimum, whenever the 24-hour zero
(low-level) drift exceeds 2 times the limits of the applicable performance
specifications in the relevant standard. The system shall allow the amount of
excess zero (low-level) and high-level drift measured at the 24-hour interval
checks to be recorded and quantified, whenever specified. For COMS, all optical
and instrumental surfaces exposed to the effluent gases shall be cleaned prior
to performing the zero (low-level) and high-level drift adjustments; the
optical surfaces and instrumental surfaces shall be cleaned when the cumulative
automatic zero compensation, if applicable, exceeds 4% opacity. The CPMS shall
be calibrated prior to use for the purposes of complying with this section. The
CPMS shall be checked daily for indication that the system is responding. If
the CPMS system includes an internal system check, results shall be recorded
and checked daily for proper operation.
(g)
1. A
CMS is out of control if any of the following occurs:
a. The zero (low-level), mid-level, if
applicable, or high-level calibration drift exceeds 2 times the applicable
calibration drift specification in the applicable performance specification or
in the relevant standard.
b. The
CMS fails a performance test audit, including a cylinder gas audit, relative
accuracy audit, relative accuracy test audit or linearity test audit.
c. The COMS calibration drift exceeds 2 times
the limit in the applicable performance specification in the relevant
standard.
2. When the
CMS is out of control, the owner or operator of the affected source shall take
the necessary corrective action and shall repeat all necessary tests which
indicate that the system is out of control. The owner or operator shall take
corrective action and conduct retesting until the performance requirements are
below the applicable limits. The beginning of the out-of-control period is the
hour the owner or operator conducts a performance check, such as calibration
drift, that indicates an exceedance of the performance requirements established
under 40 CFR part 63. The end of the out-of-control period is the hour
following the completion of corrective action and successful demonstration that
the system is within the allowable limits. During the period the CMS is out of
control, recorded data may not be used in data averages and calculations or to
meet any data availability requirement established under 40 CFR part 63 and in
chs.
NR 460 to
469.
(h) The owner or operator of a CMS that is
out of control as defined in par. (g) shall submit all information concerning
out-of-control periods, including start and end dates and hours and
descriptions of corrective actions taken, in the excess emissions and
continuous monitoring system performance report required in s.
NR 460.09(5) (c).
(4) QUALITY CONTROL PROGRAM.
(a) The results of the quality control
program required in this subsection shall be considered by the department when
it determines the validity of monitoring data.
(b) The owner or operator of an affected
source that is required to use a CMS and is subject to the monitoring
requirements of this section and a relevant standard shall develop and
implement a CMS quality control program. As part of the quality control
program, the owner or operator shall develop and submit to the department for
approval upon request a site-specific performance evaluation test plan for the
CMS performance evaluation required in sub. (5) (c) 1., according to the
procedures specified in sub. (5). In addition, each quality control program
shall include, at a minimum, a written protocol that describes procedures for
each of the following operations:
1. Initial
and any subsequent calibration of the CMS.
2. Determination and adjustment of the
calibration drift of the CMS.
3.
Preventive maintenance of the CMS, including spare parts inventory.
4. Data recording, calculations, and
reporting.
5. Accuracy audit
procedures, including sampling and analysis methods.
6. Program of corrective action for a
malfunctioning CMS.
(c)
The owner or operator shall keep the written procedures required by par. (b) on
record for the life of the affected source or until the affected source is no
longer subject to the provisions of 40 CFR part 63 or chs.
NR 460 to
469, to be made available for
inspection, upon request, by the department. If the performance evaluation plan
is revised, the owner or operator shall keep previous versions of the
performance evaluation plan on record to be made available for inspection, upon
request, by the department, for a period of 5 years after each revision to the
plan. Where relevant, these written procedures may be incorporated as part of
the affected source's startup, shutdown and malfunction plan to avoid
duplication of planning and recordkeeping efforts.
(5) PERFORMANCE EVALUATION OF CONTINUOUS MONITORING SYSTEMS.
(a) General. When
required by a relevant standard, and at any other time as may be required under
section 114 of the act (42 USC
7414), the owner or operator of an affected
source being monitored shall conduct a performance evaluation of the CMS. The
performance evaluation shall be conducted according to the applicable
specifications and procedures described in this section or in the relevant
standard.
(b) Notification of
performance evaluation. The owner or operator shall notify the department in
writing of the date of the performance evaluation simultaneously with the
notification of the performance test date required under s.
NR 460.06(2) or at least 30 days prior
to the date the performance evaluation is scheduled to begin if no performance
test is required.
(c) Submission of
site-specific performance evaluation test plan.
1. Before conducting a required CMS
performance evaluation, the owner or operator of an affected source shall
develop and submit a site-specific performance evaluation test plan to the
department for approval upon request. The performance evaluation test plan
shall include the evaluation program objectives, an evaluation program summary,
the performance evaluation schedule, data quality objectives, and both an
internal and external quality assurance program. Data quality objectives are
the pre-evaluation expectations of precision, accuracy, and completeness of
data.
2. The internal quality
assurance program shall include, at a minimum, the activities planned by
routine operators and analysts to provide an assessment of CMS performance. The
external quality assurance program shall include, at a minimum, systems audits
that include the opportunity for on-site evaluation by the department of
instrument calibration, data validation, sample logging and documentation of
quality control data and field maintenance activities.
3. The owner or operator of an affected
source shall submit the site-specific performance evaluation test plan to the
department at least 30 days before the performance test or performance
evaluation is scheduled to begin, or on a mutually agreed upon date, and review
and approval of the performance evaluation test plan by the department shall
occur with the review and approval of the site-specific test plan under s.
NR 460.06(2).
4. The department may request additional
relevant information after the submittal of a site-specific performance
evaluation test plan.
5. In the
event that the department fails to approve or disapprove the site-specific
performance evaluation test plan within the time period specified under s.
NR 460.06(2), the following conditions
shall apply:
a. If the owner or operator
intends to demonstrate compliance using the monitoring methods specified in the
relevant standard, the owner or operator shall conduct the performance
evaluation within the time specified in this chapter using the specified
methods.
b. If the owner or
operator intends to demonstrate compliance by using an alternative to a
monitoring method specified in the relevant standard, the owner or operator
shall refrain from conducting the performance evaluation until the department
approves the use of the alternative method. If the department does not approve
the use of the alternative method within 5 days before the performance
evaluation is scheduled to begin, the performance evaluation deadlines
specified in par. (d) may be extended such that the owner or operator shall
conduct the performance evaluation within 60 calendar days after the department
approves the use of the alternative method.
c. Notwithstanding the requirements in subd.
5. b., the owner or operator may proceed to conduct the performance evaluation
as required in this section, without the department's prior approval of the
site-specific performance evaluation test plan, if the specified monitoring
methods is subsequently chosen instead of an alternative.
6. Neither the submission of a site-specific
performance evaluation test plan for approval, nor the department's approval or
disapproval of a plan, nor the department's failure to approve or disapprove a
plan in a timely manner shall cause any of the following:
a. Relieve an owner or operator of legal
responsibility for compliance with any applicable provisions of 40 CFR part 63,
chs.
NR 460 to
469 or with any other applicable
federal, state or local requirement.
b. Prevent the department from implementing
or enforcing 40 CFR part 63, chs.
NR 460 to
469 or taking any other action
under the act.
(d) Conduct of performance evaluation and
performance evaluation dates. The owner or operator of an affected source shall
conduct a performance evaluation of a required CMS during any performance test
required under s.
NR 460.06 in accordance with the applicable performance
specification as specified in the relevant standard. If the owner or operator
of an affected source elects to submit COMS data for compliance with a relevant
opacity emission standard as provided under s.
NR 460.05(6) (f), a performance
evaluation shall be conducted of the COMS as specified in the relevant
standard, before the performance test required under s.
NR 460.06 is conducted, in time to submit the results of
the performance evaluation as specified in par. (e) 2. If a performance test is
not required, or the requirement for a performance test has been waived under
s.
NR 460.06(7), the owner or operator of
an affected source shall conduct the performance evaluation not later than 180
days after the appropriate compliance date for the affected source, as
specified in s.
NR 460.06(1), or as otherwise specified
in the relevant standard.
(e)
Reporting performance evaluation results.
1.
The owner or operator shall furnish the department a copy of a written report
of the results of the performance evaluation simultaneously with the results of
the performance test required under s.
NR 460.06, or within 60 days of completion of the
performance evaluation if no test is required, unless otherwise specified in a
relevant standard. The department may request that the owner or operator submit
the raw data from a performance evaluation in the report of the performance
evaluation results.
2. The owner or
operator of an affected source using a COMS to determine opacity compliance
during any performance test required under s.
NR 460.06 shall furnish the department 2 or, upon
request, 3 copies of a written report of the results of the COMS performance
evaluation under this subsection. The copies shall be provided at least 15
calendar days before the performance test required under s.
NR 460.06 is conducted.
(6) USE OF AN ALTERNATIVE MONITORING METHOD.
(a) Alternatives. After receipt and
consideration of written application, the department may approve minor and
intermediate alternative monitoring methods or procedures of 40 CFR part 63 or
chs.
NR 460 to
469 including, but not limited to,
any of the following:
Note: Under 40 CFR 63.91(g) only EPA can approve major alternatives to monitoring methods.
1. Alternative monitoring requirements when
installation of a CMS specified by a relevant standard would not provide
accurate measurements due to liquid water or other interferences caused by
substances within the effluent gases.
2. Alternative monitoring requirements when
the affected source is infrequently operated.
3. Alternative monitoring requirements to
accommodate CEMS that require additional measurements to correct for stack
moisture conditions.
4. Alternative
locations for installing CMS when the owner or operator can demonstrate that
installation at alternate locations will enable accurate and representative
measurements.
5. Alternate methods
for converting pollutant concentration measurements to units of the relevant
standard.
6. Alternate procedures
for performing daily checks of zero (low-level) and high-level drift that do
not involve use of high-level gases or test cells.
7. Alternatives to the american society for
testing and materials test methods or sampling procedures specified by any
relevant standard.
8. Alternative
CMS that do not meet the design or performance requirements in 40 CFR part 63
or chs.
NR 460 to
469, but adequately demonstrate a
definite and consistent relationship between their measurements and the
measurements of opacity by a system complying with the requirements as
specified in the relevant standard. The department may require that the
demonstration be performed for each affected source.
9. Alternative monitoring requirements when
the effluent from a single affected source or the combined effluent from 2 or
more affected sources is released to the atmosphere through more than one
point.
(b) Disputed
results. If the department finds reasonable grounds to dispute the results
obtained by an alternative monitoring method, requirement or procedure, the
department may require the use of a method, requirement or procedure specified
in this section or in the relevant standard. If the results of the specified
and alternative method, requirement or procedure do not agree, the results
obtained by the specified method, requirement or procedure shall
prevail.
(c) Request to use
alternative monitoring procedure.
1. An owner
or operator who wishes to use an alternative monitoring procedure shall submit
an application to the department as described in subd. 2. The application may
be submitted at any time provided that the monitoring procedure is not the
performance test method used to demonstrate compliance with a relevant standard
or other requirement. If the alternative monitoring procedure will serve as the
performance test method that is to be used to demonstrate compliance with a
relevant standard, the application shall be submitted at least 60 days before
the performance evaluation is scheduled to begin and shall meet the
requirements for an alternative test method under s.
NR 460.06(5).
2. The application shall contain a
description of the proposed alternative monitoring system which addresses the 4
elements contained in the definition of monitoring in s.
NR 460.02(24w) and a performance
evaluation test plan, if required, as specified in sub. (5) (c). In addition,
the application shall include information justifying the owner or operator's
request for an alternative monitoring procedure, such as the technical or
economic infeasibility, or the impracticality, of the affected source using the
required method.
3. The owner or
operator may submit the information required in this subsection well in advance
of the submittal dates specified in subd. 1. to ensure a timely review by the
department in order to meet the compliance demonstration date specified in this
section or the relevant standard.
4. Application for minor changes to
monitoring procedures, as specified in sub. (2) (a), may be made in the
site-specific performance evaluation plan.
(d) Approval of request to use alternative
monitoring procedure.
1. The department shall
notify the owner or operator of approval or intention to deny approval of the
request to use an alternative monitoring procedure within 30 calendar days
after receipt of the original request and within 30 calendar days after receipt
of any supplementary information that is submitted. If a request for a minor
change is made in conjunction with the site-specific performance evaluation
plan, approval of the plan shall constitute approval of the minor change.
Before disapproving any request to use an alternative monitoring method, the
department shall notify the applicant of the department's intention to
disapprove the request together with all of the following:
a. Notice of the information and findings on
which the intended disapproval is based.
b. Notice of opportunity for the owner or
operator to present additional information to the department before final
action on the request. At the time the department notifies the applicant of its
intention to disapprove the request, the department shall specify how much time
the owner or operator will have after being notified of the intended
disapproval to submit the additional information.
2. The department may establish general
procedures and criteria in a relevant standard to accomplish the requirements
of subd. 1.
3. If the department
approves the use of an alternative monitoring method for an affected source
under subd. 1., the owner or operator of the source shall continue to use the
alternative monitoring method until he or she receives approval from the
department to use another monitoring method as allowed under this
subsection.
(e)
Alternative to the relative accuracy test. An alternative to the relative
accuracy test for CEMS specified in a relevant standard may be requested as
follows:
1. An alternative to the test method
for determining relative accuracy is available for affected sources with
emission rates demonstrated to be less than 50% of the relevant standard. The
owner or operator of an affected source may petition the department under subd.
2. to substitute the relative accuracy test in section 7 of Performance
Specification 2 in Appendix B of 40 CFR part 60, incorporated by reference in
s.
NR 484.04(21), with the procedures in
section 10 if the results of a performance test conducted according to the
requirements in s.
NR 460.06, or other tests performed following the
criteria in s.
NR 460.06, demonstrate that the emission rate of the
pollutant of interest in the units of the relevant standard is less than 50% of
the relevant standard. For affected sources subject to emission limitations
expressed as control efficiency levels, the owner or operator may petition the
department to substitute the relative accuracy test with the procedures in
section 10 of Performance Specification 2 if the control device exhaust
emission rate is less than 50% of the level needed to meet the control
efficiency requirement. The alternative procedures do not apply if the CEMS is
used continuously to determine compliance with the relevant standard.
2. The petition to use an alternative to the
relative accuracy test shall include a detailed description of the procedures
to be applied, the location and the procedure for conducting the alternative,
the concentration or response levels of the alternative relative accuracy
materials, and the other equipment checks included in the alternative
procedures. The department shall review the petition for completeness and
applicability. The department's determination to approve an alternative shall
depend on the intended use of the CEMS data and may require specifications more
stringent than in Performance Specification 2.
3. The department shall review the permission
to use an alternative to the CEMS relative accuracy test and may rescind the
permission if the CEMS data from a successful completion of the alternative
relative accuracy procedure indicate that the affected source's emissions are
approaching the level of the relevant standard. The criterion for reviewing the
permission is that the collection of CEMS data shows that emissions have
exceeded 70% of the relevant standard for any averaging period, as specified in
the relevant standard. For affected sources subject to emission limitations
expressed as control efficiency levels, the criterion for reviewing the
permission is that the collection of CEMS data shows that exhaust emissions
have exceeded 70% of the level needed to meet the control efficiency
requirement for any averaging period, as specified in the relevant standard.
The owner or operator of the affected source shall maintain records and
determine the level of emissions relative to the criterion for permission to
use an alternative for relative accuracy testing. If this criterion is
exceeded, the owner or operator shall notify the department within 10 days of
the occurrence and include a description of the nature and cause of the
increased emissions. The department shall review the notification and may
rescind permission to use an alternative and require the owner or operator to
conduct a relative accuracy test of the CEMS as specified in section 7 of
Performance Specification 2 in Appendix B of 40 CFR part 60, incorporated by
reference in s.
NR 484.04(21).
(7) REDUCTION OF MONITORING DATA.
(a) The owner or operator of each CMS shall
reduce the monitoring data as specified in this subsection.
(b) The owner or operator of each COMS shall
reduce all data to 6-minute averages calculated from 36 or more data points
equally spaced over each 6-minute period. Data from CEMS for measurement other
than opacity, unless otherwise specified in the relevant standard, shall be
reduced to 1-hour averages computed from 4 or more data points equally spaced
over each 1-hour period, except during periods when calibration, quality
assurance or maintenance activities pursuant to provisions of 40 CFR part 63 or
chs.
NR 460 to
469 are being performed. During
these periods, a valid hourly average shall consist of at least 2 data points
with each representing a 15-minute period. Alternatively, an arithmetic or
integrated 1-hour average of CEMS data may be used. Time periods for averaging
are defined in s.
NR 460.02.
(c) The data may be recorded in reduced or
nonreduced form.
(d) All emission
data shall be converted into units of the relevant standard for reporting
purposes using the conversion procedures specified in that standard. After
conversion into units of the relevant standard, the data may be rounded to the
same number of significant digits as used in that standard to specify the
emission limit.
(e) Monitoring data
recorded during periods of unavoidable CMS breakdowns, out-of-control periods,
repairs, maintenance periods, calibration checks and zero (low-level) and
high-level adjustments may not be included in any data average computed under
40 CFR part 63 or under chs.
NR 460 to
469. For owners or operators
complying with the requirements of s.
NR 460.09(2) (b) 7., data averages shall
include any data recorded during periods of monitor breakdown or
malfunction.
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