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 460.06 - Performance testing requirements

Current through June 24, 2024
(1) APPLICABILITY
				AND PERFORMANCE TEST DATES.
(a) Unless
				otherwise specified, this section applies to the owner or operator of an
				affected source required to do performance testing, or another form of
				compliance demonstration, under a relevant standard.
(b) Except as provided in par. (d), if
				required to do performance testing by a relevant standard, and unless a waiver
				of performance testing is obtained under this section or the conditions of sub.
				(5) apply, the owner or operator of the affected source shall perform the tests
				within 180 days of the compliance date.
(c) Except as provided in par. (d), when an
				emission standard promulgated under 40 CFR part 63 is more stringent than the
				standard as proposed, the owner or operator of a new or reconstructed source
				subject to that standard for which construction or reconstruction is commenced
				between the proposal and promulgation dates of the standard shall comply with
				performance testing requirements within 180 days after the standard's effective
				date, or within 180 days after startup of the source, whichever is later. If
				the promulgated standard is more stringent than the proposed standard, the
				owner or operator may choose to demonstrate compliance with either the proposed
				or the promulgated standard. If the owner or operator chooses to comply with
				the proposed standard initially, the owner or operator shall conduct a second
				performance test within 3 years and 180 days after the effective date of the
				standard, or after startup of the source, whichever is later, to demonstrate
				compliance with the promulgated standard.
(d) If a force majeure is about to occur,
				occurs or has occurred for which the affected owner or operator intends to
				assert a claim of force majeure, all of the following apply:
1. The owner or operator shall notify the
				department in writing as soon as practicable following the date the owner or
				operator first knew, or, through due diligence, should have known that the
				event may cause or caused a delay in testing beyond the regulatory deadline
				specified in pars. (b) and (c), chs. NR 462 to
				469 or a permit, but the
				notification shall occur before the performance test deadline unless the
				initial force majeure or a subsequent force majeure delays the notice, in which
				case the notification shall occur as soon as practicable.
2. The owner or operator shall provide to the
				department a written description of the force majeure and a rationale for
				attributing the delay in testing beyond the regulatory deadline to the force
				majeure, describe the measures taken or to be taken to minimize the delay and
				identify a date by which the owner or operator proposes to conduct the
				performance test. The performance test shall be conducted as soon as
				practicable after the force majeure occurs.
3. The decision as to whether or not to grant
				an extension to the performance test deadline is solely within the discretion
				of the department. The department shall notify the owner or operator in writing
				of approval or disapproval of the request for an extension as soon as
				practicable.
4. Until an extension
				of the performance test deadline has been approved by the department under
				subd. 3., the owner or operator of the affected facility remains strictly
				subject to the requirements of chs.
				NR 460 to
				469 and all applicable
				permits.