Register May 2022 No. 797
Chapter NR 439
REPORTING, RECORDKEEPING, TESTING, INSPECTION AND
DETERMINATION OF COMPLIANCE REQUIREMENTS
NR 439.01 Applicability; purpose.
NR 439.05 Access to records; inspections.
NR 439.055 Methods and procedures for determining compliance using instrumentation of air pollution control equipment and source processes.
NR 439.06 Methods and procedures for determining compliance with emission limitations (by air contaminant).
NR 439.07 Methods and procedures for periodic compliance emission testing.
NR 439.075 Periodic compliance emission testing requirements.
NR 439.08 Methods and procedures for periodic fuel sampling and analysis.
NR 439.085 Periodic fuel sampling and analysis requirements.
NR 439.09 Methods and procedures for continuous emission monitoring.
NR 439.095 Continuous emission monitoring requirements.
NR 439.096 Methods and procedures for combustion optimization.
NR 439.098 Methods and procedures for parametric testing of NOx emissions pursuant to an acid rain program alternative NOx emission limitation.
NR 439.11 Malfunction prevention and abatement plans.
Ch. NR 439 Note
Note: Corrections made under s. 13.93 (2m) (b) 7., Stats.,
Register, December, 1996, No. 492. Corrections made under s. 13.93 (2m) (b) 7., Stats.,
Register, January, 2001, No. 541.
NR 439.01(1)(1)
Applicability. This chapter applies to all air contaminant sources and to their owners and operators. For sources subject to an emission standard under chs.
NR 460 to
469 or under
40 CFR part 63, the requirements of ch.
NR 460 apply in addition to the requirements of this chapter. In the case of any conflict between applicable provisions under chs.
NR 460 to
469 and provisions of this chapter, the provisions under chs.
NR 460 to
469 shall apply, this chapter not withstanding.
NR 439.01(2)
(2)
Purpose. This chapter is adopted under ss.
285.11,
285.13,
285.17,
285.19, and
285.65, Stats., to establish general reporting, recordkeeping, testing, inspection and determination of compliance requirements for all air contaminant sources. Individual chapters of chs.
NR 400 to
499, permits or orders may contain additional requirements.
NR 439.01 History
History: Cr.
Register, September, 1986, No. 369, eff. 10-1-86; correction in (2) made under s. 13.93 (2m) (b) 7., Stats.,
Register, August, 1989, No. 404; am.
Register, May, 1992, No. 437, eff. 6-1-92; am. (1),
Register, March, 1997, No. 495, eff. 4-1-97;
correction in (1) made under s. 13.93 (2m) (b) 7., Stats.,
Register August 2001 No. 548.
NR 439.02
NR 439.02 Definitions. The definitions contained in chs.
NR 400 and
407 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter:
NR 439.02(1)
(1) “Audit samples" means glass vials, gas cylinders or other materials which contain a known concentration of a pollutant that may be used for the purpose of quality assurance of certain laboratory analyses required for the determination of compliance.
NR 439.02(2)
(2) “Baghouse" means a control device in which dust-laden gases are forced through a fabric bag and particulates are retained by direct interception, inertial impaction, diffusion, electrostatic attraction or gravitational settling.
NR 439.02(3)
(3) “Compliance emission test" means a performance test required by the department or conducted in cooperation with the department involving the quantitative measurement of air contaminants as they are emitted from a source to determine compliance with an emission limitation.
NR 439.02(4)
(4) “Condensible particulate matter" means any material, except uncombined water, that may not be collected in the front half of the particulate emission sampling train but which exists as a solid or liquid at standard conditions.
NR 439.02(5)
(5) “Continuous monitoring system" means the total equipment used to sample, to analyze and to provide a permanent record of emissions or process parameters.
NR 439.02(6)
(6) “Emission sampling train" means the apparatus used to collect a representative sample in the performance of an emission test.
NR 439.02(8)
(8) “Mechanical collector" means a broad class of particulate control devices that separate solid particles from a gas stream by a combination of mechanical forces which include centrifugal, gravitational and inertial. Such devices may include settling chambers, cyclones and multicyclone collectors.
NR 439.02(9)
(9) “Monitoring device" means any instrument used to measure the operating parameters of a control device or process.
NR 439.02(11)
(11) “Sampling port" means an opening through the wall of a stack or duct that is used to provide access for extraction of a sample.
NR 439.02(12)
(12) “Sootblowing" means the cleaning of heat exchanger surfaces by the use of steam or air to dislodge accumulated material.
NR 439.02 History
History: Cr.
Register, September, 1986, No. 369, eff. 10-1-86; am. (intro.), cr. (1) to (12),
Register, September, 1987, No. 381, eff. 10-1-87; am. (intro.), (3) and (8), r. (10),
Register, May, 1992, No. 437, eff. 6-1-92; am. (intro.),
Register, December, 1993, No. 456, eff. 1-1-94; r. (7),
Register, November, 1999, No. 527, eff. 12-1-99.
NR 439.03(1)(a)
(a) When requested by the department, a person shall furnish to the department information to locate and classify air contaminant sources according to the type, level, duration, frequency and other characteristics of emissions and such other information as may be necessary. The information shall be sufficient to evaluate the source's effect on air quality and compliance with chs.
NR 400 to
499.
NR 439.03(1)(b)
(b) The responsible official for a source which has been issued an operation permit under s.
285.62, Stats., or an order under s.
285.13 (2), Stats., shall submit the results of monitoring required by the permit or order no less often than every 6 months, or more frequently if required by the department. In lieu of submission of all monitoring results, a summary of the monitoring results may be submitted to the department. The summary shall include sufficient data for the department to determine whether the source is in compliance with the applicable requirements to which the monitoring relates. The semiannual monitoring report may be consolidated with the quarterly excess emission report required under s.
NR 439.09 when submission of both these reports is required. The department may reduce the frequency of submission of this semiannual monitoring report for non-part 70 sources. In addition to the reporting requirements under subs.
(4) to
(6), all deviations from and violations of applicable requirements shall be clearly identified in the monitoring reports.
NR 439.03(1)(c)
(c) After an operation permit has been issued to a source by the department, the responsible official for the source shall annually, or more frequently if specified in an applicable requirement or in the permit, certify the source's compliance status with the operation permit in accordance with subs.
(8) and
(10). The methods used to determine compliance status under this paragraph shall be the same methods which are required under s.
NR 407.09 (1) (c) 1. NR 439.03(2)
(2) A person requested to submit information under sub.
(1) may subsequently be required to submit annually, or at such other intervals as specified by the department, reports detailing any changes in the nature of the source since the previous report and the total quantities of the air contaminants emitted.
NR 439.03(3)
(3) When requested by the department, the owner or operator of a source shall submit to the department, within 60 days, a standard operating procedure which includes a detailed description of process and emission control equipment startup, operating and shutdown procedures designed to maintain compliance with emission limitations.
NR 439.03(4)(a)(a) The owner or operator of a source shall report to the department the next business day following the onset, any malfunction or other unscheduled event at the source, not reported in advance to the department, which causes or may cause any emission limitation, including the visible emission limit, to be exceeded with the following exceptions:
NR 439.03(4)(a)2.
2. Exceedances of visible emission limitations detected by a continuous emission monitor which are less than 10% opacity above the opacity limit for a period not to exceed 30 minutes. These exceedances shall be reported in the quarterly excess emissions reports required under s.
NR 439.09 (10).
NR 439.03(4)(b)
(b) The person shall report the cause and duration of the exceedance, the period of time considered necessary for correction, and measures taken to minimize emissions during the period.
NR 439.03(4)(c)
(c) The owner or operator of a source which has been issued an operation permit shall report to the department by the next business day any deviation from permit requirements, the probable cause of the deviation, and any corrective actions or preventive measures taken or which will be taken to prevent future deviations.
NR 439.03(5)
(5) The owner or operator of a source required to operate a continuous emission monitoring system or monitoring device shall notify the department of any shutdown, breakdown or malfunction of such device or system which is anticipated to continue in excess of one week. Notice shall occur at the next business day following the onset of the shutdown, breakdown or malfunction.
NR 439.03(6)
(6) The owner or operator of a source shall report to the department in advance schedules for planned shutdown and startup of air pollution control equipment and the measures to be taken to minimize the down time of the control equipment while the source is operating. Scheduled maintenance or any other scheduled event, including startup, shutdown or sootblowing procedures which have been approved by the department under s.
NR 436.03 (2) (b), which causes an emission limitation to be exceeded shall also be reported in advance to the department. Advance reporting under this subsection does not relieve any person from the duty to comply with any applicable emission limitation.
NR 439.03(7)
(7) Any owner or operator of a coating or printing line achieving compliance by means of s.
NR 422.04 (1) shall, upon startup of the line, or upon changing the method of compliance to s.
NR 422.04 (1), notify the department. The notification shall contain:
NR 439.03(7)(c)
(c) A description of the method by which the owner or operator will measure or calculate the volume of each coating or ink applied each day on each coating or printing line.
NR 439.03(8)
(8) The responsible official required to certify the source's compliance status under sub.
(1) (c) shall include in each certification the following information:
NR 439.03(8)(a)
(a) Identification of each permit term or condition that is the basis of the compliance certification.
NR 439.03(8)(b)
(b) The compliance status of the stationary source with respect to each term or condition identified in par.
(a).
NR 439.03(8)(c)
(c) Information on whether compliance was continuous or intermittent.
NR 439.03(8)(d)
(d) The methods used for determining the compliance status of the stationary source, currently and over the previous 12 month period.
NR 439.03(8)(e)
(e) Any other information the department may require, as specified in the operation permit, to determine the compliance status of the source.
NR 439.03(9)
(9) All certifications required to be submitted under sub.
(1) (c) by a part 70 source shall be submitted to the administrator and the department.
NR 439.03(10)
(10) Each report required under this section shall be certified by a responsible official as to its truth, accuracy and completeness. This certification and any other certification required under this chapter shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate and complete.
NR 439.03(11)
(11) All certifications made under this section and all material statements and representations made in any report or notice required by an operation permit shall be truthful.
NR 439.03(12)
(12) No one may render inaccurate any monitoring device or method required under this chapter or in a construction permit or an operation permit.
NR 439.03 History
History: Renum. from NR 154.06 (2) and am.
Register, September, 1986, No. 369, eff. 10-1-86; renum. from NR 439.025, r. (4) and (5), renum. and am. (1) to (3), (6) to (8),
Register, September, 1987, No. 381, eff. 10-1-87; correction in (4) (a) 1. made under s. 13.93 (2m) (b) 7., Stats.,
Register, August, 1989, No. 404; am. (4) (a) 2.,
Register, May, 1992, No. 437, eff. 6-1-92; renum. (1) to be (1) (a), cr. (1) (b) and (c), (4) (c) and (7) to (12), am. (4) (a) 2.,
Register, December, 1993, No. 456, eff. 1-1-94; correction in (1) (c) made under s. 13.93 (2m) (6) 7., Stats.,
Register, February, 1995, No. 470; am. (1) (b), (c), (2) and (8) (intro.),
Register, December, 1997, No. 504, eff. 1-1-98;
CR 02-097: am. (4) (a) 1.
Register June 2004 No. 582, eff. 7-1-04.
NR 439.04(1)(1)
The owner or operator of an air contaminant source to which chs.
NR 400 to
499 apply shall maintain the following records:
NR 439.04(1)(a)
(a) Records of all sampling, testing and monitoring conducted or required under chs.
NR 400 to
499 or under an air pollution control permit. Records of sampling, testing or monitoring shall include the following:
NR 439.04(1)(a)1.
1. The date, monitoring site and time and duration of sampling, testing, monitoring and measurements.
NR 439.04(1)(a)4.
4. The analytical techniques or methods used, including supporting information such as calibration and maintenance records and all original recording charts for continuous monitoring instrumentation including emissions or equipment monitors.
NR 439.04(1)(a)6.
6. The relevant operating conditions that existed at the time of sampling, testing, monitoring or measurement.
NR 439.04(1)(b)
(b) Records detailing all malfunctions which cause any applicable emission limitation to be exceeded, including logs to document the implementation of the plan required by s.
NR 439.11.
NR 439.04(1)(c)
(c) Records detailing all activities specified in any compliance schedule approved by the department under chs.
NR 400 to
499.
NR 439.04(1)(d)
(d) Any other records relating to the emission of air contaminants which may be requested in writing by the department.
NR 439.04(2)
(2) Copies of all records required under this section shall be retained by the owner or operator for a period of 5 years or for such other period as may be specified by the department.
NR 439.04(3)
(3) Any owner or operator of an air contaminant source described under chs.
NR 419 to
424 shall maintain records which demonstrate compliance with applicable emission limitations and operating requirements. Any owner or operator claiming to be exempt from an emission limitation or other requirement in chs.
NR 419 to
424 shall maintain records adequate to support each exemption claim.
NR 439.04(4)
(4) Any owner or operator of a facility whose VOC emissions are below an exemption threshold specified under s.
NR 422.03 or below an applicability threshold of any section of ch.
NR 422 shall collect and record all of the following information as appropriate to support the exemption or the applicability determination:
NR 439.04(4)(a)
(a) A unique name or identification number for each coating, ink, adhesive, adhesive primer, or cleaning solvent, as applied.
