Chapter NR 439

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)2. 2. The dates the analyses were performed.

NR 439.04(1)(a)3. 3. The company or entity that performed the analyses.

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)5. 5. The results of the analyses.

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.

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 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. The maximum theoretical emissions of VOCs or the actual VOC emissions before consideration of controls shall be shown in the units of VOCs per day, or per month and per 12 consecutive month period, consistent with the units in the applicability statement specified under each section of ch. NR 422.

NR 439.04(5) (5) 

NR 439.04(5)(a) (a) Any owner or operator of a coating or printing line or operation subject to an emission limitation under ss. NR 422.05 to 422.084, 422.09 to 422.12, 422.127, 422.128, 422.131, 422.132, 422.135, or 422.145 to 422.155 shall collect and record all of the following information for each coating or printing line or operation:

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, as applied, in any of the following units, as applicable:

NR 439.04(5)(a)2.a. a. Pounds of VOCs per gallon of coating or ink, excluding water and exempt compounds listed under s. NR 400.02 (162) (a).

NR 439.04(5)(a)2.b. b. Pounds of VOCs per gallon of coating solids.

NR 439.04(5)(b) (b) Any owner or operator of a coating line or operation subject to the emission limitations of s. NR 422.085 shall collect and record the following information:

NR 439.04(5)(b)1. 1. A unique name or identification number for each coating, as applied.

NR 439.04(5)(b)2. 2. The daily average VOC emission rate as calculated using the equation in s. NR 422.085 (4) (b), and all information identified in s. NR 422.085 (4) (b) and (c) necessary to calculate the daily average VOC emission rate.

NR 439.04(5)(c) (c) Any owner or operator of a coating line or operation subject to the emission limitations of s. NR 422.13 shall collect and record the following information:

NR 439.04(5)(c)1. 1. A unique name or identification number for each coating, as applied.

NR 439.04(5)(c)2. 2. The surface area in units of feet squared of coated finished product.

NR 439.04(5)(c)3. 3. The amount of VOC per area of surface to which coatings are applied in units of pounds of VOC per 1000 ft2, regardless of the number of coats applied.

NR 439.04(5)(d) (d)

NR 439.04(5)(d)1. 1. Any owner or operator of a printing line or operation subject to the emission limitations of s. NR 422.14 (2) (a) or (b) shall collect and record the following information:

NR 439.04(5)(d)1.a. a. A unique name or identification number for each ink, as applied.

NR 439.04(5)(d)1.b. b. The VOC content of each ink, as applied, expressed in units necessary to determine compliance.

NR 439.04(5)(d)2. 2. Any owner or operator of a printing line or operation subject to the emission limitation in s. NR 422.14 (2) (c) shall collect and record the following information for each day of operation:

NR 439.04(5)(d)2.a. a. Monitoring data for the control device.

NR 439.04(5)(d)2.b. b. A log of operating time for the capture system, control device, monitoring equipment and the associated coating or printing line or operation.

NR 439.04(5)(d)2.c. c. A maintenance log for the capture system, control device and monitoring equipment detailing all routine and non-routine maintenance performed and including dates and duration of any outages.

NR 439.04(5)(e) (e) Any owner or operator of a coating or printing line or operation that is subject to an emission limitation in ss. NR 422.05 to 422.135 or 422.145 to 422.155, and that is achieving compliance with the applicable emission limitation by a method allowed under s. NR 422.04 (2) (b), (c), or (d) shall, in addition to the applicable information required under pars. (a) to (d), collect and record the following information for each day of operation:

NR 439.04(5)(e)1. 1. The allowable emission rate pursuant to ss. NR 422.05 to 422.155 in pounds per gallon of coating, excluding water.

NR 439.04(5)(e)2. 2. The amount of each coating or ink in gallons, delivered to the applicator.

NR 439.04(5)(e)3. 3. The volume fraction of solids in each coating or ink, delivered to the applicator.

NR 439.04(5)(e)4. 4. The density of the VOC used in each coating or ink in pounds per gallon, delivered to the applicator.

NR 439.04(5)(e)5. 5. The total allowable emissions as calculated under s. NR 422.04 (4).

NR 439.04(5)(e)6. 6. The actual emissions for those coatings or inks for which allowable emissions were calculated under s. NR 422.04 (4), when considering the control device.

NR 439.04(5)(e)7. 7. Control device monitoring data.

NR 439.04(5)(e)8. 8. A log of operating time for the capture system, control device, monitoring equipment and the associated coating or printing line or operation.

NR 439.04(5)(e)9. 9. A maintenance log for the capture system, control device and monitoring equipment detailing all routine and non-routine maintenance performed including dates and duration of any outages.

NR 439.04(5)(f) (f) Any owner or operator of a surface coating or printing facility that is subject to one or more emission limitations under ss. NR 422.05 to 422.151, and that is achieving compliance with the applicable emission limitation or limitations by internal offsets as allowed under s. NR 425.05 shall, in addition to the applicable information required under pars. (a) to (d), collect and record the following information for each day of operation for each coating or ink involved in the internal offset:

NR 439.04(5)(f)1. 1. The amount of coating material or ink in gallons, delivered to the applicator.

NR 439.04(5)(f)2. 2. The volume fraction of solids in the coating or ink, delivered to the applicator.

NR 439.04(5)(f)3. 3. The density of the VOC used in the coating or ink in pounds per gallon, delivered to the applicator.

NR 439.04(5)(g) (g) Any owner or operator of a surface coating or printing line that is subject to an emission limitation in ss. NR 422.05 to 422.155, and that is achieving compliance with the applicable emission limitation by in-line averaging as allowed under s. NR 422.04 (1) shall, in addition to the information required under pars. (a) and (d), collect and record the following information for each day of operation for each coating or printing line:

NR 439.04(5)(g)1. 1. When achieving compliance under s. NR 422.04 (1) (a):

NR 439.04(5)(g)1.a. a. The name or identification number of each coating applied on each coating line.

NR 439.04(5)(g)1.b. b. The volume of each coating applied in gallons, excluding water.

NR 439.04(5)(g)1.c. c. The daily volume-weighted average VOC content of all coatings applied on each coating line as defined in s. NR 422.04 (1) (a).

NR 439.04(5)(g)2. 2. When achieving compliance under s. NR 422.04 (1) (b) 1.:

NR 439.04(5)(g)2.a. a. The name or identification number of each ink applied on each printing line.

NR 439.04(5)(g)2.b. b. The volume of each ink applied in gallons.

NR 439.04(5)(g)2.c. c. The daily volume-weighted average VOC content of all inks applied on each printing line as defined in s. NR 422.04 (1) (b) 1.

NR 439.04(5)(g)3. 3. When achieving compliance under s. NR 422.04 (1) (b) 2.:

NR 439.04(5)(g)3.a. a. The name or identification number of each ink applied on each printing line.

NR 439.04(5)(g)3.b. b. The volume of each ink applied in gallons, excluding water.

NR 439.04(5)(g)3.c. c. The daily volume-weighted average VOC content of all inks applied on each printing line as defined in s. NR 422.04 (1) (b) 2.

NR 439.04(6) (6) 

NR 439.04(6)(a) (a) If an owner or operator of a solvent cleaning operation employs a thermal incinerator or catalytic incinerator to achieve and maintain compliance as allowed in any section in ch. NR 422 or in s. NR 423.037, the owner or operator shall comply with the following requirements:

NR 439.04(6)(a)1. 1. Continuous temperature monitoring and continuous temperature recording equipment shall be installed and operated to accurately measure the operating temperature for the control device.

NR 439.04(6)(a)2. 2. The following information shall be collected and recorded each day of operation of the solvent cleaning operation and the control device, and the information shall be maintained at the facility for a period of 5 years:

NR 439.04(6)(a)2.a. a. A log or record of the operating time for the control device, monitoring equipment, and the associated solvent cleaning operation.

NR 439.04(6)(a)2.b. b. For thermal incinerators, all 3-hour periods of operation during which the average combustion temperature was more than 50 degrees Fahrenheit below the average combustion temperature during the most recent emission test that demonstrated that the solvent cleaning operation was in compliance.

NR 439.04(6)(a)2.c. c. For catalytic incinerators, all 3-hour periods of operation during which the average temperature of the dryer exhaust gases immediately before the catalyst bed was more than 50 degrees Fahrenheit below the average temperature of the dryer exhaust gases during the most recent emission test that demonstrated that the solvent cleaning operation was in compliance, and all 3-hour periods during which the average temperature difference across the catalyst bed was less than 80% of the average temperature difference during the most recent emission test that demonstrated that the solvent cleaning operation was in compliance.

NR 439.04(6)(b) (b) If an owner or operator of a solvent cleaning operation employs a carbon adsorption system to achieve and maintain compliance as allowed in any section in ch. NR 422 or in s. NR 423.037, the owner or operator shall comply with the following requirements:

NR 439.04(6)(b)1. 1. One of the following types of monitoring and recording equipment shall be installed and operated for the carbon adsorption system:

NR 439.04(6)(b)1.a. a. A continuous emission monitoring and recording system that is capable of accurately measuring and recording the concentration of organic compounds in the exhaust gases from the carbon adsorption system.

NR 439.04(6)(b)1.b. b. Monitoring and recording equipment that are capable of accurately measuring and recording the total mass steam flow rate for each regeneration cycle of each carbon bed.

NR 439.04(6)(b)1.c. c. Monitoring and recording equipment that are capable of accurately measuring and recording the temperature of each carbon bed after each regeneration and cooling cycle.

NR 439.04(6)(b)2. 2. The following information shall be collected and recorded each day of operation of the solvent cleaning operation and the carbon adsorption system, and the information shall be maintained at the facility for a period of 5 years:

NR 439.04(6)(b)2.a. a. A log or record of the operating time for the carbon adsorption system, monitoring equipment, and the associated solvent cleaning operation.

NR 439.04(6)(b)2.b. b. For a carbon adsorption system that employs a continuous emission monitoring and recording system to measure and record the concentration of organic compounds in the exhaust gases, all 3-hour periods of operation during which the average concentration level or reading in the exhaust gases is more than 20% greater than the exhaust gas organic compound concentration level or reading measured by the most recent performance test that demonstrated that the solvent cleaning operation was in compliance.

NR 439.04(6)(b)2.c. c. For a carbon adsorption system that employs monitoring and recording equipment to measure and record the total mass steam flow rate for each regeneration cycle of each carbon bed, all carbon bed regeneration cycles during which the total mass steam flow rate was more than 10% below the total mass steam flow rate during the most recent performance test that demonstrated that the solvent cleaning operation was in compliance.

NR 439.04(6)(b)2.d. d. For a carbon adsorption system that employs monitoring and recording equipment to measure and record the temperature of each carbon bed after each regeneration and cooling cycle, all carbon bed regeneration cycles during which the temperature of the carbon bed after the regeneration and cooling cycle was more than 10% greater than the carbon bed temperature during the most recent performance test that demonstrated that the solvent cleaning operation was in compliance.

NR 439.04 History History: Renum. from NR 154.06 (3), and am. Register, September, 1986, No. 369, eff. 10-1-86; renum. from NR 439.03 and am. Register, September, 1987, No. 381, eff. 10-1-87; am. (2), cr. (3), Register, February, 1990, No. 410, eff. 3-1-90; am. (1) (a), Register, May, 1992, No. 437, eff. 6-1-92; am. (1) (a) and (2), r. and recr. (3), cr. (4) and (5), Register, December, 1993, No. 456, eff. 1-1-94; am. (4) (intro.) and (5) (a), Register, June, 1994, No. 462, eff. 7-1-94; am. (5) (a) (intro.), Register, August, 1994, No. 464, eff. 9-1-94; renum. (5) (d) (intro.) to be (5) (d) 1. intro. and am., renum. (5) (d) 1. and 2. to be (5) (d) 1. a. and b., cr. (5) (d) 2., am. (5) (e) (intro.), Register, June, 1995, No. 474, eff. 7-1-95; CR 00-174: am. (5) (a) (intro.), Register August 2001 No. 548, eff. 9-1-01; CR 11-005: am. (4) (intro.), (d), cr. (4) (f), (g), (h), (6) Register January 2012 No. 673, eff. 2-1-12; CR 20-088: am. (4) (intro.), (a) to (d), r. (4) (e) to (g), am. (5) (a) (intro.), renum. (5) (a) 2. to (5) (a) 2. (intro.) and a. and am., cr. (5) (a) 2. b., am. (5) (f) (intro.) Register May 2022 No. 797, eff. 6-1-22.

NR 439.05 NR 439.05 Access to records; inspections.

NR 439.05(1) (1) No person may deny information or access to records relating to emissions or any other records required to be kept to an authorized representative of the department.

NR 439.05(2) (2) No person may deny entry or access at any reasonable time to an authorized representative of the department for the purposes of inspection of facilities, equipment, including monitoring and air pollution control equipment, practices or operations regulated or required by the department, or at any time when an air pollution episode condition exists or is believed imminent. No person may obstruct, hamper or interfere with any inspection. The department, if requested, shall furnish to the owner or operator of the premises a report setting forth all facts found which relate to compliance status.

NR 439.05(3) (3) The department may, for the purpose of determining a source’s compliance with applicable requirements, sample or monitor at reasonable times production materials or other substances or operational parameters.

NR 439.05 History History: Renum. from NR 154.06 (4) and am. Register, September, 1986, No. 369, eff. 10-1-86; renum. from NR 439.04 and am. Register, September, 1987, No. 381, eff. 10-1-87; renum. to be (1), (2) renum. from NR 439.09 and am., Register, May, 1992, No. 437, eff. 6-1-92; am. (1) and (2), cr. (3), Register, December, 1993, No. 456, eff. 1-1-94.

NR 439.055 NR 439.055 Methods and procedures for determining compliance using instrumentation of air pollution control equipment and source processes.