NR 439.02(9m)(a)(a) “Oxidizer” means a combustion device used to destroy pollutants. NR 439.02(9m)(b)(b) “Oxidizer” types include direct fire, catalytic, recuperative, and regenerative. 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 or sample analysis. 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(13)(13) “Validation” means the action of checking that a device meets requirements and specifications to ensure that the device fulfills its intended purpose. NR 439.02 HistoryHistory: 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; CR 24-030: renum. (1) to (1s) and am., cr. (1m), am. (2), cr. (2m), am. (4), renum. (5) to (5) (a) and am., cr. (5) (b), (5m), (6e) to (6s), renum. (8) to (8) (a) and (b) and am., am. (9), cr. (9e) to (9s), am. (11), cr. (13) Register June 2025 No. 834, eff. 7-1-25; (1m) (a), (b) renum. to (1m), (1n) under s. 13.92 (4) (b) 1., Stats., and correction in (6s) made under s. 35.17, Stats., Register June 2025 No. 834. NR 439.03(1)(a)(a) General reporting requirements. 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. The information shall be sufficient to evaluate the source’s effect on air quality and compliance with chs. NR 400 to 499, standards of performance for new stationary sources under section 111 of the Act (42 USC 7411), or emission standards for hazardous air contaminants under section 112 of the Act (42 USC 7412). NR 439.03(1)(b)(b) Monitoring reports. An owner, operator, or designee of a part 70 source that 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 at least every 6 months, or more frequently if required by the department. An owner, operator, or designee of a non-part 70 source that has been issued an operation permit shall submit the results of monitoring required by the permit at least every 12 months. 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 monitoring report may be consolidated with other required reports, such as the quarterly excess emission report required under s. NR 439.09, when submission of more than one report is required. The identification of applicable information may cross-reference the permit or previous reports, as applicable. All monitoring reports shall be certified by the responsible official, as defined under s. NR 400.02 (136), consistent with subs. (10) and (10m). The responsible official required to certify the source's results of monitoring shall include in each monitoring report all of the following information: NR 439.03(1)(b)1.1. Identification of each monitoring requirement that is the basis of the monitoring report. NR 439.03(1)(b)2.2. The results of monitoring, or a summary of monitoring results, with respect to each monitoring requirement identified under subd. 1., for the period covered by the monitoring report. NR 439.03(1)(b)3.3. All instances of deviations from permit requirements, which shall be clearly identified. Deviations previously reported under subs. (4) and (5) may be referenced. For each deviation, the report shall include all of the following: NR 439.03(1)(b)3.c.c. The date, time, cause, and duration of the deviation and the period of time considered necessary for correction. NR 439.03(1)(b)3.d.d. Any corrective actions or preventative measures that have been or will be taken to prevent future deviations. NR 439.03(1)(c)(c) Compliance certifications. 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 terms and conditions contained in the operation permit in accordance with sub. (10). The methods used to determine compliance status under this paragraph shall be the same methods that are required under s. NR 407.09 (1) (c) 1. and (4) (a) 1. The compliance certification may be consolidated with other required reports when the submission of more than one report is required. All compliance certifications shall be certified by the responsible official, as defined under s. NR 400.02 (136), consistent with subs. (10) and (10m). The responsible official required to certify the source's compliance status shall include in each certification all of the following information: NR 439.03(1)(c)1.1. Identification of each permit term or condition that is the basis of the compliance certification. NR 439.03(1)(c)2.2. The compliance status of the source with the terms and conditions of the permit identified under subd. 1., for the period covered by the certification. NR 439.03(1)(c)3.3. Information on whether compliance with the terms and conditions of the permit was continuous or intermittent. Identification of intermittent compliance may cross-reference previous reports, as applicable. NR 439.03(1)(c)4.4. Identification of the methods or other means used for determining the compliance status with each term and condition of the operation permit during the certification period. Such methods and other means shall include, at a minimum, the means required under s. NR 407.09 (1) (c) 1. and (4) (a) 1. If applicable, the owner or operator shall also identify any other material information that must be included in the certification to comply with section 113 (c) (2) of the Act (42 USC 7413), which prohibits knowingly making a false certification or omitting material. NR 439.03(1)(c)6.6. A certification statement indicating whether the source is in compliance with all applicable requirements under the 40 CFR Part 68 Chemical Accident Prevention Provisions, including the registration and submission of the risk management plan, as required under 40 CFR 68.150 and 68.160, respectively, as applicable. NR 439.03(1)(c)7.7. Any other information the department may require, as specified in the operation permit, to determine the compliance status of the source. NR 439.03(2)(2) A person requested to submit information under sub. (1) may subsequently be required to submit annually, or at other intervals as specified by the department, reports and supporting information detailing all of the following: NR 439.03(2)(a)(a) 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 calendar days, a standard operating procedure that 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(3m)(3m) The owner or operator of a source shall immediately notify the department of any hazardous substance air spills not in conformity with a permit as required under s. NR 445.16. NR 439.03(4)(am)(am) The owner or operator of a source shall report any event at the source that causes the exceedance of a requirement which limits the quantity, rate, or concentration of emissions of air contaminants, including an event that causes a visible emission limit to be exceeded, within 10 calendar days of the occurrence. The owner or operator of a source shall report to the department all of the following: NR 439.03(4)(am)2.2. The pollutant affected and an estimate of excess emissions, including calculations and assumptions. NR 439.03(4)(am)3.3. The date, time, 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)(am)4.4. Any corrective actions or preventative measures that have been or will be taken to prevent future exceedances. NR 439.03(4)(bm)(bm) Exceedances of visible emission limitations detected by a continuous emission monitor that are less than 20 percent above the opacity limit for not more than 3 consecutive 6-minute average periods are exempt from reporting requirements under par. (am) and shall be reported in the quarterly excess emission reports required under s. NR 439.09 (10). NR 439.03(4)(cm)(cm) The owner or operator of a source shall report to the department any deviation from permit terms or conditions or applicable regulations not reported under par. (am) no later than the due date for the monitoring report required under sub. (1) (b) for the reporting period during which the deviation occurred. The owner or operator of a source shall report to the department all of the following: NR 439.03(4)(cm)3.3. The date, time, cause, and duration of the deviation and the period of time considered necessary for correction. NR 439.03(4)(cm)4.4. Any corrective actions or preventative measures that have been or 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 within 3 calendar days following any shutdown, breakdown, or malfunction of the device or system lasting more than 7 calendar days. 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(9)(9) All certifications required to be submitted under sub. (1) (c) by a part 70 source shall be submitted to the administrator, if required by the administrator, and to 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(10m)(10m) The certification of a report required under this section shall be electronically signed through an electronic signature system provided by the department or, alternatively, a hard copy of the original signature on the report may be submitted to the department. 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, accurate, and complete. NR 439.03 HistoryHistory: 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; CR 24-030: am. (1) (a), renum. (1) (b) to (1) (b) (intro.) and (a) and am., cr. (1) (b) 1. to 3., renum. (1) (c) to (1) (c) (intro.) and am., cr. (1) (c) 1. to 7., renum. (2) to (2) (intro.) and (a) and am., cr. (2) (b), am. (3), cr. (3m), r. and recr. (4), am. (5), r. (6), (8), am. (9), cr. (10m), am. (11), r. (12) Register June 2025 No. 834, eff. 7-1-25; correction in (1) (c) (intro,), 4., 6. made under s. 35.17, Stats., Register June 2025. NR 439.04(1)(1) The owner or operator of an air contaminant source to which chs. NR 400 to 499, standards of performance for new stationary sources under section 111 of the Act (42 USC 7411), or emission standards for hazardous air contaminants under section 112 of the Act (42 USC 7412), apply shall maintain all of the following records, in paper, digital, or electronic format: NR 439.04(1)(a)(a) Records of all sampling, testing, and monitoring required under chs. NR 400 to 499, standards of performance for new stationary sources under section 111 of the Act (42 USC 7411), emission standards for hazardous air contaminants under section 112 of the Act (42 USC 7412), or under an air pollution control permit. Records of sampling, testing, or monitoring shall include all of 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 source and control device operating conditions that existed at the time of sampling, testing, monitoring, or measurement. NR 439.04(1)(a)7.7. Records required by an air pollution control permit for the source and control device. NR 439.04(1)(b)(b) Records detailing all malfunctions that cause any applicable emission limitation to be exceeded, including logs to document the implementation of the plan required under 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 that may be required to demonstrate compliance with permit conditions. NR 439.04(1)(e)(e) Records required by any state or federal order or decree or air pollution control permit issued by the department. NR 439.04(1)(f)(f) Records required by any standard of performance for new stationary sources under section 111 of the Act (42 USC 7411), and emission standards for hazardous air contaminants under section 112 of the Act (42 USC 7412). NR 439.04(2m)(2m) Any owner or operator of a source claiming to be exempt from an air pollution control permit under ch. NR 405, 406, 407, or 408 shall maintain records adequate to support each exemption claim. NR 439.04(3)(3) Any owner or operator of a source described under chs. NR 419 to 424 shall maintain records that demonstrate compliance with applicable emission limitations and operating requirements. Any owner or operator of a source claiming to be exempt from an emission limitation or other requirement under 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. NR 439.04(4)(b)(b) The VOC content of each coating, ink, adhesive, adhesive primer, or cleaning solvent, as applied, in units of pounds of VOC per gallon, excluding water and exempt compounds listed under s. NR 400.02 (162) (a). NR 439.04(4)(c)(c) The volume of coating, ink, adhesive, adhesive primer, or cleaning solvent used per day or per month based on the applicability statement specified under each section of ch. NR 422, as applied, in units of gallons, excluding water and exempt compounds listed under s. NR 400.02 (162) (a). NR 439.04(4)(d)(d) The maximum theoretical emissions as defined under s. NR 419.02 (11) of VOCs from a facility or the actual VOC emissions before consideration of controls, meeting the same applicability statement specified under each section of ch. NR 422, in the corresponding units and timeframe. NR 439.04(4)(e)(e) Records demonstrating that a process line, facility, or source meets the conditions for an exemption under s. NR 422.03, if applicable. NR 439.04(4)(f)(f) VOC emissions from a process line or facility, consistent with any applicability statement or exemption under any section of ch. NR 422, in the corresponding units of measure, considering control equipment as indicated in the applicability statement or exemption. NR 439.04(4)(g)(g) Material usage for a process line or facility, consistent with any applicability statement or exemption under any section of ch. NR 422, in the corresponding units of measure, considering control equipment as indicated in the applicability statement or exemption. NR 439.04(5)(a)1.1. A unique name or identification number for each coating or ink, as applied. NR 439.04(5)(a)2.2. The VOC content of each coating or ink delivered to each coating applicator in any of the following units, as applicable:
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