Section 439.03. Reporting.  


Latest version.
  • (1)
    (a) When requested by the department, a person shall furnish to the department information to locate and classify air contaminant sources according to the type, level, duration, frequency and other characteristics of emissions and such other information as may be necessary. The information shall be sufficient to evaluate the source's effect on air quality and compliance with chs. NR 400 to 499 .
    (b) The responsible official for a source which has been issued an operation permit under s. 285.62 , Stats., or an order under s. 285.13 (2) , Stats., shall submit the results of monitoring required by the permit or order no less often than every 6 months, or more frequently if required by the department. In lieu of submission of all monitoring results, a summary of the monitoring results may be submitted to the department. The summary shall include sufficient data for the department to determine whether the source is in compliance with the applicable requirements to which the monitoring relates. The semiannual monitoring report may be consolidated with the quarterly excess emission report required under s. NR 439.09 when submission of both these reports is required. The department may reduce the frequency of submission of this semiannual monitoring report for non-part 70 sources. In addition to the reporting requirements under subs. (4) to (6) , all deviations from and violations of applicable requirements shall be clearly identified in the monitoring reports.
    (c) After an operation permit has been issued to a source by the department, the responsible official for the source shall annually, or more frequently if specified in an applicable requirement or in the permit, certify the source's compliance status with the operation permit in accordance with subs. (8) and (10) . The methods used to determine compliance status under this paragraph shall be the same methods which are required under s. NR 407.09 (1) (c) 1.
    (2)  A person requested to submit information under sub. (1) may subsequently be required to submit annually, or at such other intervals as specified by the department, reports detailing any changes in the nature of the source since the previous report and the total quantities of the air contaminants emitted.
    (3)  When requested by the department, the owner or operator of a source shall submit to the department, within 60 days, a standard operating procedure which includes a detailed description of process and emission control equipment startup, operating and shutdown procedures designed to maintain compliance with emission limitations.
    (4)
    (a) The owner or operator of a source shall report to the department the next business day following the onset, any malfunction or other unscheduled event at the source, not reported in advance to the department, which causes or may cause any emission limitation, including the visible emission limit, to be exceeded with the following exceptions:
    1. Hazardous air spills that require immediate notice to the department under s. NR 445.16 .
    2. Exceedances of visible emission limitations detected by a continuous emission monitor which are less than 10% opacity above the opacity limit for a period not to exceed 30 minutes. These exceedances shall be reported in the quarterly excess emissions reports required under s. NR 439.09 (10) .
    (b) The person shall report the cause and duration of the exceedance, the period of time considered necessary for correction, and measures taken to minimize emissions during the period.
    (c) The owner or operator of a source which has been issued an operation permit shall report to the department by the next business day any deviation from permit requirements, the probable cause of the deviation, and any corrective actions or preventive measures taken or which will be taken to prevent future deviations.
    (5)  The owner or operator of a source required to operate a continuous emission monitoring system or monitoring device shall notify the department of any shutdown, breakdown or malfunction of such device or system which is anticipated to continue in excess of one week. Notice shall occur at the next business day following the onset of the shutdown, breakdown or malfunction.
    (6)  The owner or operator of a source shall report to the department in advance schedules for planned shutdown and startup of air pollution control equipment and the measures to be taken to minimize the down time of the control equipment while the source is operating. Scheduled maintenance or any other scheduled event, including startup, shutdown or sootblowing procedures which have been approved by the department under s. NR 436.03 (2) (b) , which causes an emission limitation to be exceeded shall also be reported in advance to the department. Advance reporting under this subsection does not relieve any person from the duty to comply with any applicable emission limitation.
    (7)  Any owner or operator of a coating or printing line achieving compliance by means of s. NR 422.04 (1) shall, upon startup of the line, or upon changing the method of compliance to s. NR 422.04 (1) , notify the department. The notification shall contain:
    (a) The name and location of the facility.
    (b) The name or identification number of each coating or printing line which will comply by means of s. NR 422.04 (1) .
    (c) A description of the method by which the owner or operator will measure or calculate the volume of each coating or ink applied each day on each coating or printing line.
    (d) An example of the format in which the records required under s. NR 439.04 (5) (g) will be kept.
    (8)  The responsible official required to certify the source's compliance status under sub. (1) (c) shall include in each certification the following information:
    (a) Identification of each permit term or condition that is the basis of the compliance certification.
    (b) The compliance status of the stationary source with respect to each term or condition identified in par. (a) .
    (c) Information on whether compliance was continuous or intermittent.
    (d) The methods used for determining the compliance status of the stationary source, currently and over the previous 12 month period.
    (e) Any other information the department may require, as specified in the operation permit, to determine the compliance status of the source.
    (9)  All certifications required to be submitted under sub. (1) (c) by a part 70 source shall be submitted to the administrator and the department.
    (10)  Each report required under this section shall be certified by a responsible official as to its truth, accuracy and completeness. This certification and any other certification required under this chapter shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate and complete.
    (11)  All certifications made under this section and all material statements and representations made in any report or notice required by an operation permit shall be truthful.
    (12)  No one may render inaccurate any monitoring device or method required under this chapter or in a construction permit or an operation permit.
History: Renum. from NR 154.06 (2) and am. Register, September, 1986, No. 369 , eff. 10-1-86; renum. from NR 439.025, r. (4) and (5), renum. and am. (1) to (3), (6) to (8), Register, September, 1987, No. 381 , eff. 10-1-87; correction in (4) (a) 1. made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1989, No. 404 ; am. (4) (a) 2., Register, May, 1992, No. 437 , eff. 6-1-92; renum. (1) to be (1) (a), cr. (1) (b) and (c), (4) (c) and (7) to (12), am. (4) (a) 2., Register, December, 1993, No. 456 , eff. 1-1-94; correction in (1) (c) made under s. 13.93 (2m) (6) 7., Stats., Register, February, 1995, No. 470 ; am. (1) (b), (c), (2) and (8) (intro.), Register, December, 1997, No. 504 , eff. 1-1-98; CR 02-097 : am. (4) (a) 1. Register June 2004 No. 582 , eff. 7-1-04.