Section 460.08. Notification requirements.

 

(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 in lieu 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.

History: Cr. Register, March, 1997, No. 495 , eff. 4-1-97; CR 00-175 : r. (2) (d) 4. Register March 2002 No. 555 , eff. 4-1-02; CR 05-039 : am. (2) (b) 4., (d) (intro.), 1., (e), (8) (b) 1. e. and 2., r. (2) (c), (d) 2. and 3., Register February 2006 No. 602 , eff. 3-1-06.