NR 438.03(2)
(2)
Reporting deadline. Emissions inventories required under this section shall be submitted by March 1 of each year for air contaminants emitted during the preceding year. Through March 1, persons may be granted a 2-week submittal extension ending on March 15, when requested by email, mail, or other manner prescribed, provided the extension is considered reasonable under the circumstances by the department.
NR 438.03(3)
(3)
Portable sources. The owner or operator of a portable source shall file an emissions inventory covering all operations at all locations in the state during the previous year.
NR 438.03(4)
(4)
Required records. An owner or operator of a facility required to file an emissions inventory shall keep accurate and reliable records sufficient to enable verification of the emissions inventory by the department. Records shall include data on fuel composition and consumption, composition and quantities of raw materials handled that contribute to emissions, composition and quantities of wastes incinerated, continuous emissions monitoring data and audits, and any results of stack or performance tests together with the names of persons or firms responsible for each test, if applicable. Records shall be retained for 5 years following the year in which the emissions inventory is submitted.
NR 438.03(5)(a)
(a) Based on the throughput or emissions information submitted under this section and s.
NR 438.04, the department shall determine each facility's annual actual emissions and typical ozone season day emissions based on emission factors contained in Compilation of Air Pollutant Emission Factors, AP-42, Volume 1: Stationary Point and Area Sources, USEPA-OAQPS, as incorporated by reference under s.
NR 484.05 (8), or in the EPA's online database of emissions factors for criteria and hazardous air pollutants. Other emission factors or methods, including mass balance or other use reporting, consumption and analytical methodologies, or continuous emissions monitoring data, if applicable, may be used by the department.
NR 438.03 Note
Note: The EPA's WebFIRE database of emissions factors for criteria and hazardous air pollutants is available at
https://cfpub.epa.gov/webfire/.
NR 438.03(5)(b)
(b) The actual annual emissions determined by the department under par.
(a) shall constitute the department's annual emissions inventory.
NR 438.03(5)(c)
(c) By May 31 of each year, the department shall send each owner or operator of a facility that is required to file an emissions inventory a notification that an emissions inventory summary report of the air contaminants emitted by the facility for the previous year has been created by the department. The owner or operator of a facility required to obtain an air pollution control permit under s.
285.60, Stats., and ch.
NR 405,
406,
407, or
408, or that emits volatile organic compounds or nitrogen oxides in an ozone nonattainment area, shall, by June 30 of each year, send a written certification to the department that its emissions inventory summary report is correct. The certification shall contain the name, title, signature, and telephone number of the responsible official, the date of certification, and a statement that the information contained in the emissions inventory summary report is accurate to the best knowledge of the owner or operator of that facility.
NR 438.03(6)
(6)
Disputed emissions. Any facility that disputes the emissions inventory summary report created by the department under sub.
(5) (c) may request, in writing, that the department review its emissions inventory summary report. The department shall review and supply to the facility, within 14 calendar days of receipt of the facility's written request, information used to prepare the emissions inventory summary report for that facility. If the facility continues to dispute the emissions inventory summary report, it shall supply to the department, within 14 calendar days of receipt of the department's information, the reasons it disputes the report. The facility shall be notified within 7 calendar days of receipt of this information of the department's decision on whether to adjust the emissions inventory and recreate the emissions inventory summary report. If the facility continues to dispute the emissions inventory summary report, it may appeal the department's final decision pursuant to state law. The responsible official for the facility shall certify any emissions not in dispute by June 30 of each year.
NR 438.03 History
History: Cr.
Register, May, 1993, No. 449, eff. 6-1-93; am. (1) (b), (5) (a),
Register, February, 1995, No. 470, eff. 3-1-95; am. (1) (b), Table 1,
Register, December, 1995, No. 480, eff. 1-1-96; am. (5) (a),
Register, December, 1996, No. 492, eff. 1-1-97; am. Table 1 and (5) (a),
Register, October, 1999, No. 526, eff. 11-1-99;
CR 02-097: am. (1) (a) and (b), cr. (1) (am) and Table 2
Register June 2004 No. 582, eff. 7-1-04:
CR 05-055: renum. (1) (a) (intro.) to be (a) and am., r. (1) (a) 1., 2. and Table 1, am. (1) (am), renum. Table 2 to be Table 1 and am.
Register December 2005 No. 600, eff. 1-1-06;
CR 09-088: am. Table 1
Register May 2010 No. 653, eff. 6-1-10;
CR 21-072: am. (title), (1) (a), cr. (1) (af), am. (1) (am) 1., cr. (1) (am) 3., 4., am. (1) (b), renum. Table 1 to NR 438.04, am. (1) (c), (d), (2) to (6) Register July 2022 No. 799, eff. 8-1-22; correction in (1) (af) 2., (am) 3., (4), (5) (c) made under s. 35.17, Stats., Register July 2022 No. 799. NR 438.04
NR 438.04 Content of emissions inventories. NR 438.04(1)(1)
General instructions. Emissions inventories required under this chapter shall be submitted in the manner prescribed by the department. Emissions inventories submitted by facilities shall contain the information specified under s.
NR 438.03 (1) and
(3) and this section. Emissions shall be reported separately for each process or group of similar processes at each facility.
NR 438.04(2)
(2)
Facility identification and general information. For all facilities the emissions inventories shall include:
NR 438.04(2)(f)
(f) The name, telephone number, mailing address, and email address of the individual to be contacted regarding the emissions inventory.
NR 438.04(3)
(3)
Emissions-generating units. For each emissions-generating unit, the emissions inventory shall include all of the following:
NR 438.04(3)(c)
(c) Design capacity, if applicable for the unit device type.
NR 438.04(3)(d)
(d) For each emissions-generating process, all of the following:
NR 438.04(3)(d)7.
7. The normal operation schedule in hours per day, days per week, days per year, and percentages of quarterly activity.
NR 438.04(3)(d)8.
8. The average and maximum sulfur content in percent by weight per fuel, if applicable for the throughput material type.
NR 438.04(3)(d)9.
9. The average and maximum ash content in percent by weight per fuel, if applicable for the throughput material type.
NR 438.04(3)(d)12.
12. The fractions of emissions in percent that flow to connected controlling or discharging processes and the associated unit device and process identifiers.
NR 438.04(3)(d)13.
13. Annual emissions measured by a continuous emissions monitor and pollutant, if applicable.
NR 438.04(4)
(4)
Emissions-controlling units. For each emissions-controlling unit, the emissions inventory shall include all of the following:
NR 438.04(4)(c)3.
3. The normal operation schedule in hours per day, days per week, days per year, and percentages of quarterly activity.
NR 438.04(4)(c)5.
5. The fractions of emissions in percent that flow to connected controlling or discharging processes and the associated unit device and process identifiers.
NR 438.04(4)(d)
(d) For each emissions-generating process, all of the following:
NR 438.04(4)(d)7.
7. The normal operation schedule in hours per day, days per week, days per year, and percentages of quarterly activity.
NR 438.04(4)(d)8.
8. The average and maximum sulfur content in percent by weight per fuel, if applicable for the throughput material type.
NR 438.04(4)(d)9.
9. The average and maximum ash content in percent by weight per fuel, if applicable for the throughput material type.
NR 438.04(4)(d)12.
12. The fractions of emissions that flow to connected controlling or discharging processes and the associated unit device and process identifiers.
NR 438.04(4)(d)13.
13. Annual emissions measured by a continuous emissions monitor and pollutant, if applicable.
NR 438.04(5)
(5)
Emissions-discharging units. For each stack, fugitive, or discharging unit, the emissions inventory shall include all of the following:
NR 438.04 Note
1Chemical Abstract Service or CAS number refers to the unique chemical abstracts service registry number assigned to a specific chemical, isomer or mixture of chemicals or isomers and recorded in the CAS chemical registry system by the Chemical Abstracts Service, PO Box 3012, Columbus, OH 43210, phone 1-614-447-3600.
2Indicates contaminants for which multiple CAS numbers may apply. For contaminants listed as a metal and its compounds, the given CAS number refers to the metal.
3Indicates contaminants for which a fee will be assessed under s.
NR 410.04. Emissions of all compounds listed in s.
NR 400.02(162)(b) shall be included when determining fees for volatile organic compounds.
4Indicates compounds included in the glycol ethers group. In addition to being reported individually when a compound's emissions are above the reporting level, the emissions of these compounds are included in the glycol ethers emission total reported along with emissions of the many other such compounds not listed individually by name.
5Glycol ethers include mono- and di-ethers of ethylene glycol, diethylene glycol, and triethylene glycol, R-(OCH
2CH
2)
n-OR'
where:
n=1, 2 or 3
R=alkyl C7 or less or
R=phenyl or alkyl substituted phenyl
R'=H or alkyl C7 or less or OR' consists of carboxylic acid ester, sulfate, phosphate, nitrate or sulfonate.
6Organic compounds that are not VOC and should not be considered or included here are specified in s.
NR 400.02 (162) (a). Emissions of organic compounds specified in s.
NR 400.02 (162) (b) shall be considered to determine if the reporting level for VOC is exceeded. Emissions of these compounds, however, shall be reported separately as the individual compound if the reporting level for VOC is exceeded.
7Any amount of emissions of this compound shall be reported if the reporting level for VOC emissions is exceeded. See footnote 6 for how to determine if the reporting level for VOC emissions is exceeded.
NR 438.04 History
History: Cr.
Register, May, 1993, No. 449, eff. 6-1-93;
CR 21-072: am. (title), (1), (2) (intro.), (b), r. (2) (c), r. and recr. (2) (d), r. (2) (e), am. (2) (f), r. (2) (g), (h), r. and recr. (3) to (5), r. (6), Table 1 renum. from NR 438.03 amd am. Register July 2022 No. 798, eff. 8-1-22; correction in Table 1 made under s. 35.17, Stats., Register July 2022 No. 798.
