Chapter NR 439

NR 439.055(2)(a) (a) Temperature in the primary chamber and afterburner of an incinerator shall be monitored and recorded every 15 minutes.

NR 439.055(2)(b) (b) The following operational variables shall be measured and recorded once for every 8 hours of source operation or once per day, whichever yields the greater number of measurements:

NR 439.055(2)(b)1. 1. Pressure drop across baghouses, mechanical collectors, wet scrubbers, absorption equipment or adsorption equipment.

NR 439.055(2)(b)2. 2. Current and secondary current in electrostatic precipitators.

NR 439.055(2)(b)3. 3. Voltage in electrostatic precipitators.

NR 439.055(2)(b)4. 4. The sparking rate from electrostatic precipitators.

NR 439.055(2)(b)5. 5. Flow of liquor in wet scrubbers used for particulate control.

NR 439.055(2)(b)6. 6. pH of absorption scrubbing fluid.

NR 439.055(3) (3) When the department requires instrumentation to monitor the operation of air pollution control equipment, or to monitor source performance, the instrument shall measure operational variables with the following accuracy:

NR 439.055(3)(a) (a) The temperature monitoring device shall have an accuracy of 0.5% of the temperature being measured in degrees Fahrenheit or ± 5°F of the temperature being measured, or the equivalent in degrees Celsius (centigrade), whichever is greater.

NR 439.055(3)(b) (b) The pressure drop monitoring device shall be accurate to within 5% of the pressure drop being measured or within ±1 inch of water column, whichever is greater.

NR 439.055(3)(c) (c) The current, voltage, flow or pH monitoring device shall be accurate to within 5% of the specific variable being measured.

NR 439.055(4) (4) All instruments used for measuring source or air pollution control equipment operational variables shall be calibrated yearly or at a frequency based on good engineering practice as established by operational history, whichever is more frequent.

NR 439.055(5) (5) The department may require, in an operation permit or order, the measurement of a greater number of source or air pollution control operational variables, more frequent monitoring of operational variables, more accurate measurement of operational variables or more frequent calibration of monitoring equipment than those required under subs. (1) to (4) if the department determines that these requirements are necessary to ensure that the source does not exceed an applicable emission limit, or to ensure that the requirements of chs. NR 400 to 499 are met.

NR 439.055(6) (6) For any air pollution control equipment or monitoring instrumentation not specifically identified in subs. (1) and (2), the department may require, in an operation permit or order, and after consultation with the owner or operator of the facility, monitoring of air pollution control equipment operational variables and may specify the frequency of the monitoring and the type of monitoring instrumentation.

NR 439.055 History History: Renum. from NR 154.06 (6), Register, September, 1986, No. 369, eff. 10-1-86; renum. from NR 439.06 and am. Register, September, 1987, No. 381, eff. 10-1-87; renum. from NR 439.08 and am., Register, May, 1992, No. 437, eff. 6-1-92; r. and recr. Register, December, 1993, No. 456, eff. 1-1-94; am. (1) (d) and (g) and (3) (a), Register, December, 1996, No. 492, eff. 1-1-97; CR 02-146: am. (6) Register October 2003 No. 574; CR 09-020: am. (2) (b) 2. Register January 2010 No. 649, eff. 2-1-10.

NR 439.06 NR 439.06 Methods and procedures for determining compliance with emission limitations (by air contaminant). When tests or a continuous monitoring system are required by the department, the owner or operator of a source shall use the reference methods listed in this section and in ss. NR 439.07 to 439.095 to determine compliance with emission limitations, unless an alternative or equivalent method is approved, or a specific method is required, in writing, by the department. Any alternative, equivalent or other specific method approved or required by the department for an ozone precursor shall be submitted to, and will not become effective for federal purposes until approved by, the administrator or designee as a source-specific revision to the department’s state implementation plan for ozone. The test methods shall include quality control and quality assurance procedures and the data reporting format which are specified and approved by the department for collection, analysis, processing and reporting of compliance monitoring data. Notwithstanding the compliance determination methods which the owner or operator of a source is authorized to use under this chapter, the department may use any relevant information or appropriate method to determine a source’s compliance with applicable emission limitations.

NR 439.06(1) (1) Nonfugitive particulate emissions. The owner or operator of a source shall use Method 5, 5A, 5B, 5D, 5E, 5F, 5G, 5H, 5I, or 17 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13), and when required, Method 202 in 40 CFR part 51, Appendix M, incorporated by reference in s. NR 484.04 (9), to determine compliance with a nonfugitive particulate emission limitation.

NR 439.06(1m) (1m) Nonfugitive PM10 particulate emissions. The owner or operator of a source shall use Method 201 or 201A in 40 CFR part 51, Appendix M, incorporated by reference in s. NR 484.04 (9), to determine compliance with a nonfugitive PM10 particulate emission limitation.

NR 439.06(2) (2) Sulfur dioxide emissions. The owner or operator of a source shall use one or more of the following methods to determine compliance with a sulfur dioxide emission limitation:

NR 439.06(2)(a) (a) Perform compliance emission testing following Method 6, 6A, 6B, 6C, or 8 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13).

NR 439.06(2)(b) (b) Install, calibrate, maintain and operate a continuous emission monitor that meets the applicable performance specifications in 40 CFR part 60, Appendix B or, for affected units, the performance specifications in 40 CFR part 75, Appendices A to I, incorporated by reference in s. NR 484.04 (21) and (27). The owner or operator of the source shall submit a quality control and quality assurance plan for approval by the department. The monitor shall follow the plan, as approved by the department.

NR 439.06(2)(c) (c) Perform periodic fuel sampling and analysis of fossil and nonfossil fuels using the methods and procedures specified in s. NR 439.08.

NR 439.06(3) (3) Organic compound emissions. The owner or operator of a source shall use the test methods and procedures listed in this subsection to determine compliance with an organic compound emission limitation. If a test method inadvertently measures compounds which are listed in s. NR 400.02 (162) as having negligible photochemical reactivity, the owner or operator may exclude these compounds when determining compliance with a VOC emission limit if the amount of these compounds is accurately quantified and the exclusion is approved by the department. As a precondition to excluding these compounds as VOC or at any subsequent time, the department may require an owner or operator to provide monitoring or testing methods and results demonstrating, to the satisfaction of the department, the amount of negligibly reactive compounds in the source’s emissions. Unless a source achieves compliance through an averaging method specifically authorized by the department, organic compound emission limitations in chs. NR 419 to 424 shall be achieved on an instantaneous basis.

NR 439.06(3)(a) (a) Method 18, 25, 25A, or 25B in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13), shall be used to determine organic compound emission concentrations or emission rates.

NR 439.06(3)(am) (am) Method 204, 204A, 204B, 204C, 204D, 204E, or 204F in 40 CFR part 51, Appendix M, or the data quality objective method or lower confidence limit method in 40 CFR part 63, Subpart KK, Appendix A, incorporated by reference in s. NR 484.04 (9) and (24), shall be used to determine the capture efficiency of a control system for volatile organic compound emissions. The reporting and recordkeeping recommendations within a test method shall be followed unless alternative reporting or recordkeeping provisions have been approved in writing by the department. When determining the overall emission reduction efficiency of a volatile organic compound control system, simultaneous measurements of both the capture efficiency of the system and the pollutant reduction efficiency of the control device may be required.

NR 439.06(3)(b) (b) Method 24 or 24A in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13), shall be used to determine the organic solvent content, the volume of solids, the weight of solids, the water content and the density of surface coatings, inks, and cleaning materials.

NR 439.06(3)(c) (c) Method 21 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13), shall be used to detect organic compound emission leaks except as provided in par. (i) 2. or 3.

NR 439.06 Note Note: Section 439.06 (3) (i) was repealed by CR 15-077

NR 439.06(3)(d) (d) Method 27 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13), shall be used to verify the vapor tightness of gasoline delivery tanks.

NR 439.06(3)(e) (e) An equation established under s. NR 425.05 (1) (b) 2. or contained in s. NR 425.05 (2) (b) 2. shall be used to determine compliance with an internal offset.

NR 439.06(3)(f) (f) Methods approved by the department shall be used to determine the transfer efficiency of surface coating equipment.

NR 439.06(3)(g) (g) Method 25A in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13), shall be used to determine compliance with the aerosol can filling VOC emission limit in s. NR 424.04. If a flame ionization detector is used to test compliance with s. NR 424.04, test equipment calibration shall be conducted with propane. During the testing procedure, the flame ionization detector shall continuously measure VOC emissions for a minimum of one hour per aerosol can filling line with the control device not in operation and for a minimum of one hour with the control device in full operation. Production data taken concurrently with the testing procedure shall be used to calculate the VOC emission rates for the tested aerosol can filling line when the control device is not in operation and when the control device is in full operation.

NR 439.06(3)(h) (h) Compounds identified in s. NR 400.02 (162) as having negligible photochemical reactivity shall be treated as water to determine compliance with emission limitations which refer to water.

NR 439.06(3)(j) (j) Notwithstanding par. (b), Method 24 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13), shall be used to determine the VOC content of lithographic inks, fountain solutions and blanket or roller wash in complying with ss. NR 422.142 and 422.143.

NR 439.06(4) (4) Carbon monoxide emissions. The owner or operator of a source shall use one of the following methods to determine compliance with a carbon monoxide emission limitation:

NR 439.06(4)(a) (a) Method 10, 10A, or 10B in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13).

NR 439.06(4)(b) (b) Install, calibrate, maintain and operate a continuous emission monitor that meets the applicable performance specifications in 40 CFR part 60, Appendix B, incorporated by reference in s. NR 484.04 (21), and follow quality control and quality assurance procedures for the monitor which have been submitted by the owner or operator of the source and approved by the department.

NR 439.06(5) (5) Lead emissions. The owner or operator of a source shall use Method 12 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13), to determine compliance with a lead emission limitation.

NR 439.06(6) (6) Nitrogen compound emissions. The owner or operator of a source shall use one of the following methods to determine compliance with a nitrogen compound emission limitation:

NR 439.06(6)(a) (a) Method 7, 7A, 7B, 7C, 7D, or 7E in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13).

NR 439.06(6)(b) (b) Install, calibrate, maintain and operate a continuous emission monitor that meets the applicable performance specifications in 40 CFR part 60, Appendix B, or, for affected sources, the performance specifications in 40 CFR part 75, Appendices A to I, incorporated by reference in s. NR 484.04 (21) and (27). The owner or operator of the source shall submit and follow the quality control and quality assurance plan for the monitor which has been approved by the department.

NR 439.06(7) (7) Total reduced sulfur emissions. The owner or operator of a source shall use one of the following methods to determine compliance with a total reduced sulfur emission limitation:

NR 439.06(7)(a) (a) Method 15A, 16, 16A, or 16B in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13).

NR 439.06(7)(b) (b) Install, calibrate, maintain and operate a continuous emission monitor that meets the applicable performance specifications in 40 CFR part 60, Appendix B, incorporated by reference in s. NR 484.04 (21), and follow quality control and quality assurance procedures for the monitor which have been submitted by the owner or operator of the source and approved by the department.

NR 439.06(8) (8) Emissions of other air contaminants. The owner or operator of a source shall use methods and plans approved, in writing, by the department to determine compliance with an emission limitation for an air contaminant not listed in subs. (1) to (7).

NR 439.06(9) (9) Methods and procedures for visible emissions.

NR 439.06(9)(a) (a) The owner or operator of a source shall use one of the following methods to determine compliance with a visible emission limitation:

NR 439.06(9)(a)1. 1. Method 9 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13).

NR 439.06(9)(a)2. 2. Install, calibrate, maintain and operate a continuous emission monitor that meets the applicable performance specifications in 40 CFR part 60, Appendix B or 40 CFR part 75, Appendices A to I, incorporated by reference in s. NR 484.04 (21) and (27), and follow a quality control and quality assurance plan for the monitor which has been approved by the department.

NR 439.06(9)(b) (b) The owner or operator of a source shall use Method 22 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13), to determine compliance with a no visible emission requirement.

NR 439.06 History History: Cr. Register, September, 1987, No. 381, eff. 10-1-87; cr. (3) (g), Register, April, 1988, No. 388, eff. 5-1-88; am. (intro.) (3) and (6) (a), cr. (3) (h), Register, February, 1990, No. 410, eff. 3-1-90; am. (intro.) and (2) (c), Register, May, 1992, No. 437, eff. 6-1-92; am. (3) (c), cr. (3) (i), Register, January, 1993, No. 445, eff. 2-1-93; am. (2) (a) and (3) (intro.), Register, May, 1993, No. 449, eff. 6-1-93; am. (intro.), (1), (4) (a), (6) (b), (6) (e), (7) (a), (8), (9) (a) 2., cr. (1m), Register, December, 1993, No. 456, eff. 1-1-94; am. (1), (1m), (2) (a), (b), (3) (a) to (d), (g), (i) 1., 2., (4) (a), (b), (5), (6) (a), (b), (7) (a), (b), (9) (a) 1., 2., (9) (b), Register, February, 1995, No. 470, eff. 3-1-95; am. (2) (b), Register, April, 1995, No. 472, eff. 5-1-95; cr. (3) (j), Register, June, 1995, No. 474, eff. 7-1-95; am. (3) (intro.) and (h), Register, November, 1999, No. 527, eff. 12-1-99; cr. (3) (am), Register, March, 2000, No. 531, eff. 4-1-00; CR. 02-146: am. (1) Register October 2003 No. 574, eff. 11-1-03; CR 08-102: am. (3) (j) Register July 2009 No. 643, eff. 8-1-09; CR 11-005: am. (3) (b) Register January 2012 No. 673, eff. 2-1-12; CR 15-077: r. (3) (i) Register July 2016 No. 727, eff. 8-1-16.

NR 439.07 NR 439.07 Methods and procedures for periodic compliance emission testing. The owner or operator of a source required to conduct emission testing under s. NR 439.075 shall comply with all applicable methods and procedures listed in this section.

NR 439.07(1) (1) General. All emission tests conducted for the purpose of determining compliance with an emission limitation under chs. NR 400 to 499 shall be performed according to the test methods established in 40 CFR part 60, Appendix A, 40 CFR part 61, Appendix B, and 40 CFR part 63, Appendix A, incorporated by reference in s. NR 484.04 (13), (23), and (25), or according to other test methods approved in writing by the department. The owner, operator or contractor responsible for emission testing shall follow the procedures in this section. Unless the department requires or approves the performance of a test at less than capacity, all compliance emission tests shall be performed with the equipment operating at capacity or as close to capacity as practicable.

NR 439.07(2) (2) Emission test notification and test plan submittal. The department shall be notified in writing at least 20 business days in advance of a compliance emission test, including initial certification tests and relative accuracy tests performed under s. NR 439.09, to provide the department an opportunity to have a representative present to witness the testing procedures. The notice shall provide a test plan which includes, but need not be limited to, the following:

NR 439.07(2)(a) (a) A description of the sampling equipment and the test methods and procedures to be used.

NR 439.07(2)(b) (b) A description of the process to be tested.

NR 439.07(2)(c) (c) A description of the process or operation variables which affect the air contaminant source’s emissions.

NR 439.07(2)(d) (d) The date and starting time of the test.

NR 439.07(2)(e) (e) A description of the number and location of the sampling ports and sampling points including a sketch showing the distance of the sampling ports from the nearest upstream and downstream flow disturbances and the stack dimensions.

NR 439.07(2)(f) (f) A statement indicating the production rate and the operating conditions at which the test will be conducted.

NR 439.07(3) (3) Test plan evaluation. In evaluating the test plan, the department shall respond to the source owner or operator within 10 business days of receipt of the plan and may require the following:

NR 439.07(3)(a) (a) A pre-test conference which includes the owner or operator of the source, the tester and the department to discuss any deficiencies in the plan or settle any test procedure questions the department, the tester or the source owner or operator might have.

NR 439.07(3)(b) (b) Any reasonable stack or duct modification or any change to the sampling method that is deemed necessary by the department to obtain a representative sample.

NR 439.07(3)(c) (c) Additional tests for the same pollutants to be performed at the same or different operating conditions.

NR 439.07(3)(d) (d) A rescheduling of the test to accommodate witnessing or source production schedules.

NR 439.07(4) (4) Notification of test plan revision. The source owner or operator shall notify the department of any modifications to the test plan at least 5 business days prior to the test. In the event the owner or operator is unable to conduct the compliance emission test on the date specified in the test plan, due to unforeseeable circumstances beyond the owner or operator’s control, the owner or operator shall notify the department at least 5 business days prior to the scheduled compliance emission test date and specify the date when the test is rescheduled.

NR 439.07(5) (5) Testing facilities. The department may require the owner or operator of a source to provide the following emission testing facilities:

NR 439.07(5)(a) (a) The installation of sampling ports and safe sampling platforms.

NR 439.07(5)(b) (b) A safe work area for the test crew or any witnessing personnel.

NR 439.07(5)(c) (c) Safe access to the work area or sampling platform.

NR 439.07(5)(d) (d) Utilities for the sampling equipment.

NR 439.07(5)(e) (e) Instrumentation to monitor and record emissions data.

NR 439.07(6) (6) Witnessing requirements. The department may require that a department representative be present at any compliance emission test. The department representative has the following authority:

NR 439.07(6)(a) (a) The department representative shall, during the test, supply the tester with the appropriate audit samples required in the reference method for quality assurance purposes.

NR 439.07(6)(b) (b) The department representative may require the tester to provide the department a copy of all test data and equipment calibration data prepared or collected for the test.

NR 439.07(6)(c) (c) The department representative may take any or all of the test samples collected during the test for analysis by the department.

NR 439.07(6)(d) (d) The department witness may require the source owner or operator and tester to correct any deficiency in the performance of the test provided that the department witness notifies the source owner or operator and tester of the deficiency as soon as it is discovered. The failure of a source owner or operator and tester to correct any deficiency may result in the department refusing to accept the testing results.

NR 439.07(7) (7) Emission testing equipment calibration requirements. The following components of any emission sampling train or associated sampling equipment shall be calibrated not more than 60 days before the test:

NR 439.07(7)(a) (a) Any equipment used to measure gas velocity.

NR 439.07(7)(b) (b) Any equipment used to meter sample gas volume.

NR 439.07(7)(c) (c) Any equipment used to regulate sample gas flow.

NR 439.07(7)(d) (d) Any equipment used to measure temperature.

NR 439.07(7)(e) (e) Any gas sampling nozzle used during the emission test.

NR 439.07(7)(f) (f) Any equipment used to determine gas molecular weight.

NR 439.07(7)(g) (g) Any other sampling equipment that requires periodic calibration.

NR 439.07(8) (8) Procedures for conducting compliance emission tests. In conducting any compliance emission test the following procedures apply:

NR 439.07(8)(a) (a) General provisions. Except as provided for in par. (c), (d), (f) or (g), an emission test shall consist of a minimum of 3 representative repetitions, as determined by the department, of the applicable test method with a minimum sampling time of one hour per repetition. Shorter sampling times as referenced in par. (g) may be used with the written approval of the department. The arithmetic mean of the results of all repetitions shall be used to determine compliance with an emission limitation. In addition, the following requirements apply:

NR 439.07(8)(a)1. 1. The gas flow rate, in dry standard cubic feet per minute, shall be determined during each repetition of an emission test using Method 1, 1A, 2, 2A, 2B, 2C, 2D, 2E, 2F, 2G, 2H, 3, 3A, 3B, and 4 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13), as applicable.