Current through August 26, 2024
(1) APPLICABILITY
AND GENERAL INFORMATION.
(a) The requirements
in this section apply to owners and operators of affected sources that are
subject to the provisions of 40 CFR part 63 and chs.
NR 460 to
469, unless specified otherwise in
a relevant standard.
(b) For
affected sources that have been granted an extension of compliance under
Subpart D of 40 CFR part 63, the requirements of this section do not apply to
those sources while they are operating under compliance extensions.
(2) INITIAL NOTIFICATIONS.
(a)
1. The
requirements of this subsection apply to the owner or operator of an affected
source when the source becomes subject to a relevant standard.
2. If an area source that otherwise would be
subject to an emission standard or other requirement established under 40 CFR
part 63 or chs.
NR 460 to
469 if it were a major source
subsequently increases its emissions of hazardous air pollutants, or its
potential to emit hazardous air pollutants, such that the source is a major
source that is subject to the emission standard or other requirement, the
source shall be subject to the notification requirements of this
section.
3. Affected sources that
are required under this subsection to submit an initial notification may use
the application for approval of construction or reconstruction under ch. NR
406, if relevant, to fulfill the initial notification requirements of this
subsection.
(b) The
owner or operator of an affected source that has an initial startup before the
effective date of a relevant standard under 40 CFR part 63 shall notify the
department in writing that the source is subject to the relevant standard. The
notification, which shall be submitted not later than 120 calendar days after
the effective date of the relevant standard, or within 120 calendar days after
the source becomes subject to the relevant standard, shall provide all of the
following information:
1. The name and
address of the owner or operator.
2. The address where the affected source is
located.
3. An identification of
the relevant standard, or other requirement, that is the basis of the
notification and the source's compliance date.
4. A brief description of the nature, size,
design, and method of operation of the source, and an identification of the
types of emission points within the affected source subject to the relevant
standard and types of hazardous air pollutants emitted.
5. A statement of whether the affected source
is a major source or an area source.
(d) The owner or operator of a new or
reconstructed major affected source for which an application for approval of
construction or reconstruction is required under s.
285.61(1),
Stats., shall provide all of the following information in writing to the
department:
1. A notification of intention to
construct a new major affected source, reconstruct a major affected source or
reconstruct a major source such that the source becomes a major affected source
with the application for approval of construction or reconstruction as
specified in s.
285.61(1),
Stats.
5. A notification of the
actual date of startup of the source, delivered or postmarked within 15
calendar days after that date.
(e) The owner or operator of a new or
reconstructed affected source for which an application for approval of
construction or reconstruction is not required under s.
NR 406.03 shall provide all of the following information
in writing to the department:
1. A
notification of intention to construct a new affected source, reconstruct an
affected source or reconstruct a source such that the source becomes an
affected source.
2. A notification
of the actual date of startup of the source, delivered or postmarked within 15
calendar days after that date.
3.
Unless the owner or operator has requested and received prior permission from
the department to submit less than the information in s.
285.61(1),
Stats., the notification shall include the information required on the
application for approval of construction or reconstruction as specified in s.
285.61(1),
Stats.
(3)
REQUEST FOR A COMPLIANCE DATE EXTENSION. If the owner or operator of an
affected source cannot comply with a relevant standard by the applicable
compliance date for that source, or if the owner or operator has installed BACT
or technology to meet LAER consistent with s.
NR 460.05(7) (d), the owner or operator
may submit to the department a request for an extension of the compliance date
as specified in s.
NR 460.05(7) (c) to (em).
(4) NOTIFICATION THAT SOURCE IS SUBJECT TO
SPECIAL COMPLIANCE REQUIREMENTS. An owner or operator of a new MACT source that
is subject to special compliance requirements as specified in s.
NR 460.05(2) (c) and (d) shall notify
the department of the compliance obligations not later than the notification
dates established in sub. (2) for new MACT sources that are not subject to the
special provisions.
(5)
NOTIFICATION OF PERFORMANCE TEST. The owner or operator of an affected source
shall notify the department in writing of his or her intention to conduct a
performance test at least 30 calendar days before the performance test is
scheduled to begin to allow the department to review and approve the
site-specific test plan required under s.
NR 460.06(2) and to have an observer
present during the test.
(6)
NOTIFICATION OF OPACITY AND VISIBLE EMISSION OBSERVATIONS. The owner or
operator of an affected source shall notify the department in writing of the
anticipated date for conducting the opacity or visible emission observations
specified in s.
NR 460.05(6) (d), if the observations
are required for the source by a relevant standard. The notification shall be
submitted with the notification of the performance test date, as specified in
sub. (5), or if no performance test is required or visibility or other
conditions prevent the opacity or visible emission observations from being
conducted concurrently with the initial performance test required under s.
NR 460.06, the owner or operator shall deliver or
postmark the notification not less than 30 days before the opacity or visible
emission observations are scheduled to take place.
(7) ADDITIONAL NOTIFICATION REQUIREMENTS FOR
SOURCES WITH CONTINUOUS MONITORING SYSTEMS. The owner or operator of an
affected source required to use a continuous monitoring system by a relevant
standard shall furnish the department written notification of all of the
following:
(a) A notification of the date the
continuous monitoring system performance evaluation under s.
NR 460.07(5) is scheduled to begin,
submitted simultaneously with the notification of the performance test date
required under s.
NR 460.06(2). If no performance test is
required, or if the requirement to conduct a performance test has been waived
for an affected source under s.
NR 460.06(7), the owner or operator
shall notify the department in writing of the date of the performance
evaluation at least 30 calendar days before the evaluation is scheduled to
begin.
(b) A notification that
continuous opacity monitoring system data results will be used to determine
compliance with the applicable opacity emission standard during a performance
test required by s.
NR 460.06 inlieu of Method 9 or other opacity emissions
test method data, as allowed by s.
NR 460.05(6) (f) 2., if compliance with
an opacity emission standard is required for the source by a relevant standard.
The notification shall be submitted at least 30 calendar days before the
performance test is scheduled to begin.
(c) A notification that the criterion
necessary to continue use of an alternative to relative accuracy testing, as
provided by s.
NR 460.07(6)
(e), has been exceeded. The notification
shall be delivered or postmarked not later than 10 days after the occurrence of
the exceedance, and it shall include a description of the nature and cause of
the increased emissions.
(8) NOTIFICATION OF COMPLIANCE STATUS.
(a) The requirements of pars. (b) and (c)
apply when an affected source becomes subject to a relevant standard.
(b)
1.
Before a part 70 permit has been issued to the owner or operator of an affected
source, and each time a notification of compliance status is required under 40
CFR part 63 or chs.
NR 460 to
469, the owner or operator of the
source shall submit to the department a notification of compliance status,
signed by the responsible official who shall certify its accuracy, attesting to
whether the source has complied with the relevant standard. The notification
shall list all of the following:
a. The
methods that were used to determine compliance.
b. The results of any performance tests,
opacity or visible emission observations, continuous monitoring system
performance evaluations, and other monitoring procedures or methods that were
conducted.
c. The methods that will
be used for determining continuing compliance, including a description of
monitoring and reporting requirements and test methods.
d. The type and quantity of hazardous air
pollutants emitted by the source, or surrogate pollutants if specified in the
relevant standard, reported in units and averaging times and in accordance with
the test methods specified in the relevant standard.
e. If the relevant standard applies to both
major and area sources, an analysis demonstrating whether the affected source
is a major source, using the emissions data generated for this
notification.
f. A description of
the air pollution control equipment or method for each emission point,
including each control device or method for each hazardous air pollutant and
the control efficiency (percent) for each control device or method.
g. A statement by the owner or operator of
the affected existing, new or reconstructed source as to whether the source has
complied with the relevant standard or other requirements.
2. The notification shall be sent before the
close of business on the 60th day following the completion of the relevant
compliance demonstration activity specified in the relevant standard, unless a
different reporting period is specified in the standard, in which case the
letter shall be sent before the close of business on the day the report of the
relevant testing or monitoring results is required to be delivered or
postmarked. For example, the notification shall be sent before close of
business on the 60th, or other required, day following completion of the
initial performance test and again before the close of business on the 60th, or
other required, day following the completion of any subsequent required
performance test. If no performance test is required but opacity or visible
emission observations are required to demonstrate compliance with an opacity or
visible emission standard under 40 CFR part 63 or chs.
NR 460 to
469, the notification of
compliance status shall be sent before close of business on the 30th day
following the completion of opacity or visible emission observations.
Notifications may be combined as long as the due date requirement for each
notification is met.
(c)
After a part 70 permit has been issued to the owner or operator of an affected
source, the owner or operator of the source shall comply with all requirements
for compliance status reports contained in the source's part 70 permit,
including reports required under 40 CFR part 63 or chs.
NR 460 to
469. After a part 70 permit has
been issued to the owner or operator of an affected source, and each time a
notification of compliance status is required under 40 CFR part 63 or chs.
NR 460 to
469, the owner or operator of the
source shall submit the notification of compliance status to the department
following completion of the relevant compliance demonstration activity
specified in the relevant standard.
(d) If an owner or operator of an affected
source submits estimates or preliminary information in the application for
approval of construction or reconstruction required in ch. NR 406 in place of
the actual emissions data or control efficiencies, the owner or operator shall
submit the actual emissions data and other correct information as soon as
available but no later than with the initial notification of compliance status
required in this section.
(e)
Advice on a notification of compliance status may be obtained from the
department.
(9)
ADJUSTMENT TO TIME PERIODS OR POSTMARK DEADLINES FOR SUBMITTAL AND REVIEW OF
REQUIRED COMMUNICATIONS.
(a) An owner or
operator shall request the adjustment provided for in pars. (b) and (c) each
time he or she wishes to change an applicable time period or postmark deadline
specified in chs.
NR 460 to
469 or in 40 CFR part
63.
(b) Notwithstanding time
periods or postmark deadlines specified in chs.
NR 460 to
469 or
40 CFR part 63 for the submittal of
information to the department by an owner or operator, or the review of the
information by the department, time periods or deadlines may be changed by
mutual agreement between the owner or operator and the department. An owner or
operator who wishes 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 he or she considers
useful to convince the department that an adjustment is warranted.
(c) If, in the department's judgment, 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.
(d) If the department is unable to meet a
specified deadline, it shall notify the owner or operator of any significant
delay and inform the owner or operator of the amended schedule.
(10) CHANGE IN INFORMATION ALREADY
PROVIDED. Any change in the information already provided under this section
shall be provided to the department in writing within 15 calendar days after
the change.
