Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 440 - Standards of performance for new stationary sources › Subchapter I - General Provisions › Section NR 440.185 - General notification and reporting requirements

Current through June 24, 2024
(1) For the
			  purposes of this chapter, time periods specified in days shall be measured in
			  calendar days, even if the word `calendar' is absent, unless otherwise
			  specified in an applicable requirement.
(2) For the purposes of this chapter, if an
			  explicit postmark deadline is not specified in an applicable requirement for
			  the submittal of a notification, application, report or other written
			  communication, the owner or operator shall postmark the submittal on or before
			  the number of days specified in the applicable requirement. For example, if a
			  notification is required to be submitted 15 days before a particular event is
			  scheduled to take place, the notification shall be postmarked on or before 15
			  days preceding the event; likewise, if a notification is required to be
			  submitted 15 days after a particular event takes place, the notification shall
			  be delivered or postmarked on or before 15 days following the end of the event.
			  The use of reliable non-government mail carriers that provide indications of
			  verifiable delivery of information required to be submitted, similar to the
			  postmark provided by the U.S. Postal Service, or alternative means of delivery,
			  including the use of electronic media, agreed to by the department, is
			  acceptable.
(3) Notwithstanding
			  time periods or postmark deadlines specified in this chapter for the submittal
			  of information by an owner or operator, or the review of submitted information
			  by the department, time periods or deadlines may be changed by mutual agreement
			  between the owner or operator and the department according to procedures in
			  sub. (6).
(4) If an owner or
			  operator of an affected facility is required to submit periodic reports under
			  this chapter, and is also subject to periodic reporting requirements having the
			  same reporting frequency under another chapter, the owner or operator may
			  change the dates by which periodic reports under this chapter are submitted,
			  without changing the frequency of reporting, to coincide with the other
			  reporting schedule by mutual agreement between the owner or operator and the
			  department according to procedures in sub. (6). This provision applies
			  beginning one year after the affected facility is required to be in compliance
			  with this chapter.
(5) If an owner
			  or operator supervises one or more stationary sources affected by standards
			  under this chapter and standards under either 40 CFR part 61 or 63, the owner
			  or operator may arrange by mutual agreement between the owner or operator and
			  the department, according to procedures in sub. (6), a common schedule on which
			  periodic reports required by each applicable standard shall be submitted
			  throughout the year. This provision applies beginning one year after the
			  stationary source is required to be in compliance with this chapter, or one
			  year after the stationary source is required to be in compliance with the
			  applicable standard in 40 CFR part 61 or 63, whichever is latest.
(6)
(a)
			  Until an adjustment of a time period or postmark deadline has been approved by
			  the department under par. (c) or (d), the owner or operator of an affected
			  facility remains strictly subject to the requirements of the applicable
			  section.
(b) An owner or operator
			  shall request the adjustment provided for in par. (c) or (d) for each change of
			  an applicable time period or postmark deadline specified in this
			  chapter.
(c) Notwithstanding time
			  periods or postmark deadlines specified in this chapter for submittal of
			  information, or the review of information by the department, time periods or
			  postmark deadlines may be changed by mutual agreement between the owner or
			  operator and the department. An owner or operator wishing 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 is considered useful to convince the department
			  that an adjustment is warranted.
(d) If, in the department's judgement, 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.
(e) If the department is unable to meet a
			  specified deadline, the department shall notify the owner or operator of any
			  significant delay and inform the owner or operator of the amended
			  schedule.