Section 460.11. Performance track provisions.

 

(1)  Notwithstanding any other requirements in 40 CFR part 63 or chs. NR 460 to 469 , an affected source at any major source or any area source at a performance track member facility, as defined in s. NR 460.02 (37g) , which is subject to regular periodic reporting under any relevant standard, may submit periodic reports at an interval that is twice the length of the regular period specified in the applicable standards provided, that for sources subject to permits under ch. NR 406 or 407 , no interval for any report of the results of any required monitoring may be less frequent than once in every 6 months.

(2)  Notwithstanding any other requirements in 40 CFR part 63 or chs. NR 460 to 469 , the modifications of reporting requirements in sub. (3) apply to any major source at a performance track member facility, as defined in s. NR 460.02 (37g) , which is subject to requirements under any relevant standard and which has done all of the following:

(a) Reduced its total HAP emissions to less than 25 tons per year.

(b) Reduced its emissions of each individual HAP to less than 10 tons per year.

(c) Reduced emissions of all HAPs covered by each MACT standard to at least the level required for full compliance with the applicable emission standard.

(3)  For affected sources at any area source at a performance track member facility, as defined in s. NR 460.02 (37g) , that meet the requirements of sub. (2) (c) , or for affected sources at any major source that meet the requirements of sub. (2) :

(a) If the emission standard to which the affected source is subject is based on add-on control technology, and the affected source complies by using add-on control technology, all required reporting elements in the periodic report may be met through an annual certification that the affected source is meeting the emission standard by continuing to use that control technology. The affected source shall continue to meet all relevant monitoring and recordkeeping requirements. The compliance certification shall meet the requirements delineated in Clean Air Act section 114 (a) (3).

(b) If the emission standard to which the affected source is subject is based on add-on control technology, and the affected source complies by using pollution prevention, all required reporting elements in the periodic report may be met through an annual certification that the affected source is continuing to use pollution prevention to reduce HAP emissions to levels at or below those required by the applicable emission standard. The affected source shall maintain records of all calculations that demonstrate the level of HAP emissions required by the emission standard as well as the level of HAP emissions achieved by the affected source. The affected source shall continue to meet all relevant monitoring and recordkeeping requirements. The compliance certification shall meet the requirements delineated in Clean Air Act section 114 (a) (3).

(c) If the emission standard to which the affected source is subject is based on pollution prevention, and the affected source complies by using pollution prevention and reduces emissions by an additional 50% or greater than required by the applicable emission standard, all required reporting elements in the periodic report may be met through an annual certification that the affected source is continuing to use pollution prevention to reduce HAP emissions by an additional 50% or greater than required by the applicable emission standard. The affected source shall maintain records of all calculations that demonstrate the level of HAP emissions required by the emission standard as well as the level of HAP emissions achieved by the affected source. The affected source shall continue to meet all relevant monitoring and recordkeeping requirements. The compliance certification shall meet the requirements delineated in Clean Air Act section 114 (a) (3).

(d) Notwithstanding the provisions of pars. (a) to (c) , for sources subject to permits under ch. NR 406 or 407 , the results of any required monitoring and recordkeeping shall be reported not less frequently than once in every 6 months.

History: CR 05-039 : cr. Register February 2006 No. 602 , eff. 3-1-06.