Chapter NR 439

NR 439.075(3)(a) (a) The owner or operator of a direct stationary source which has received a construction permit shall perform the compliance emission tests required under sub. (2) during the initial operating period authorized by the permit.

NR 439.075(3)(b) (b) Unless otherwise required by statute, rule or permit condition, the owner or operator of a direct stationary source which has received an operation permit shall perform the compliance emission tests required under sub. (2) every 24 months as long as the permit remains valid. Each biennial test shall be performed within 90 days of the anniversary date of the issuance of the permit or within 90 days of an alternate date specified by the department.

NR 439.075(3)(c) (c) The owner or operator of a direct stationary source which has received an elective operation permit under s. 285.60 (2) (b), Stats., shall perform the compliance emission tests required under sub. (2) every 24 months as long as the permit remains valid. Each biennial test shall be performed within 90 days of the anniversary date of the issuance of the permit or within 90 days of an alternate date specified by the department.

NR 439.075(4) (4) Exceptions to compliance emission testing requirements.

NR 439.075(4)(a) (a) The following exceptions apply to the testing required under sub. (2) (a) or (c):

NR 439.075(4)(a)1. 1. The department may grant a written waiver of a scheduled test if any of the following applies:

NR 439.075(4)(a)1.a. a. The direct stationary source associated with the emission point subject to the testing requirement will be ceasing operation within one year of a scheduled test.

NR 439.075(4)(a)1.b. b. The most recently completed test results from a test conducted according to the methods and procedures specified in s. NR 439.07 for the direct stationary source demonstrate that the emissions of the air contaminant for which compliance emission testing is required under this section are 50% or less of the applicable emission limitation.

NR 439.075(4)(a)1.c. c. The direct stationary source associated with the emission point subject to the testing requirement has not operated more than 360 hours in the previous 12 month period prior to the scheduled test date.

NR 439.075(4)(a)1.d. d. The most recently completed test, conducted according to the methods and procedures specified in s. NR 439.07, was conducted less than 12 months prior to the date that testing would be required under par. (b).

NR 439.075(4)(a)2. 2. No periodic compliance emission test is required under this section for any affected emission point equipped with a continuous emission monitor for the air contaminants requiring testing if the monitor meets the performance specification requirements of s. NR 439.09.

NR 439.075(4)(a)3. 3. No periodic compliance emission test is required under this section for any affected emission point of a fuel burning installation that only fires natural gas, propane or distillate fuel oil or any combination of these fuels.

NR 439.075(4)(a)4. 4. The department may grant an extension of up to 180 days for compliance emission testing if the owner or operator of a direct stationary source requests an extension, in writing, and can demonstrate that a representative emissions test cannot be performed within the time frames specified in sub. (3) (b).

NR 439.075(4)(a)5. 5. No periodic compliance emission testing for sulfur dioxide emissions is required under this section for any affected emission point which performs periodic fuel sampling and analysis under s. NR 439.085, according to s. NR 439.08.

NR 439.075(4)(b) (b) All requests for waivers under par. (a) shall be submitted in writing for department review and approval at least 60 days prior to the required test date.

NR 439.075 History History: Cr. Register, September, 1987, No. 381, eff. 10-1-87; am. (1) (b) 1. d., Register, April, 1988, No. 388, eff. 5-1-88; am. (1) (d) 1. d., Register, August, 1989, No. 404, eff. 9-1-89; renum. from NR 439.12 and am. (1) (b) 3. f. and (d) 1. b., Register, February, 1990, No. 410 eff. 3-1-90; renum. (1) (b) 3. a. 16) and 17) to be 17) and 16), am. (1) (b) 3. a. 23) and c. 6), Register, July, 1990, No. 415, eff. 8-1-90; renum. (1) (a) to (d), (2) and (3) to be (1) to (4), NR 439.085 and NR 439.095 and am., Register, May, 1992, No. 437, eff. 6-1-92; renum. (2) (c) 1. t. to w. and 3. d. to f. to be (2) (c) 1. u., v., w. and t., and 3. e., f. and d., cr. (2) (c) 3. j., k. and L., Register, May, 1993, No. 449, eff. 6-1-93; am. (3) (a) to (c), (4) (a) 1. c., cr. (4) (a) 1. d., Register, December, 1993, No. 456, eff. 1-1-94; am. (2) (a) 4., Register, June, 1994, No. 462, eff. 7-1-94; am. (2) (a) (intro.), 4., Register, December, 1995, No. 480, eff. 1-1-96; am. (4) (a) 1. (intro.), Register, December, 1996, No. 492, eff. 1-1-97; CR 02-146: cr. (4) (a) 4. and 5. Register October 2003 No. 574, eff. 11-1-03; CR 01-081: am. (2) (b) 1. Register September 2004 No. 585, eff. 10-1-04; CR 07-036: am. (2) (b) 1. Register November 2008 No. 635, eff. 12-1-08; CR 08-114: am. (2) (c) 3. j. Register July 2009 No. 643, eff. 8-1-09; CR 09-020: am. (3) (a) Register January 2010 No. 649, eff. 2-1-10.

NR 439.08 NR 439.08 Methods and procedures for periodic fuel sampling and analysis. The owner or operator of a source required to conduct fuel sampling and analysis under s. NR 439.085 shall use the methods and procedures listed in this section to obtain fuel samples and perform analyses for certain properties and constituents. Alternative methods may be used if approved, in writing, by the department.

NR 439.08(1) (1) Sampling and analysis of coal.

NR 439.08(1)(a) (a) Coal sampling. Coal sampling shall be performed according to ASTM D2234-02, Standard Practice for Collection of a Gross Sample of Coal, incorporated by reference in s. NR 484.10 (33).

NR 439.08(1)(b) (b) Preparing coal for analysis. Preparation of a coal sample for analysis shall be performed according to ASTM D2013-01, Standard Method of Preparing Coal Samples for Analysis, incorporated by reference in s. NR 484.10 (30).

NR 439.08(1)(c) (c) Sulfur content in coal. The sulfur content of a coal sample shall be determined according to ASTM D3177-02, Standard Test Methods for Total Sulfur in the Analysis Sample of Coal and Coke, or ASTM D4239-04a, Standard Test Methods for Sulfur in the Analysis Sample of Coal and Coke Using High Temperature Tube Furnace Combustion Methods, both incorporated by reference in s. NR 484.10 (45) and (53).

NR 439.08(1)(d) (d) Heat content in coal. The heat content of a coal sample shall be determined according to ASTM D5865-04, Standard Test Method for Gross Calorific Value of Coal and Coke, incorporated by reference in s. NR 484.10 (55g).

NR 439.08(1)(e) (e) Ash content in coal. The ash content of a coal sample shall be determined according to ASTM D3174-04, Standard Test Method for Ash in the Analysis Sample of Coal and Coke from Coal, incorporated by reference in s. NR 484.10 (43).

NR 439.08(1)(f) (f) Moisture content in coal. The moisture content of a coal sample shall be determined according to ASTM D3173-02, Standard Test Method for Moisture in the Analysis Sample of Coal and Coke, incorporated by reference in s. NR 484.10 (42).

NR 439.08(1)(g) (g) Ultimate analysis of coal. The ultimate analysis of a coal sample shall be determined according to ASTM D3176-89, Standard Practice for Ultimate Analysis of Coal and Coke, incorporated by reference in s. NR 484.10 (44).

NR 439.08(1)(h) (h) Coal audit samples. The owner or operator of a source shall be required to participate at least once every 6 months in an interlaboratory coal audit program acceptable to the department. The results of the audit shall be reported to the department in the quarterly report on coal quality required under s. NR 439.085 (2) following receipt of the results from the audit program. The results shall comply with quality control and quality assurance procedures submitted by the owner or operator of the source and approved by the department.

NR 439.08(2) (2) Sampling and analysis of liquid fossil fuel.

NR 439.08(2)(a) (a) Liquid fossil fuel sampling. Liquid fossil fuel sampling shall be performed according to ASTM D4057-95, Standard Practice for Manual Sampling of Petroleum and Petroleum Products, or ASTM D4177-95, Standard Practice for Automatic Sampling of Petroleum and Petroleum Products, incorporated by reference in s. NR 484.10 (51) and (52).

NR 439.08(2)(b) (b) Sulfur content in liquid fossil fuel. The sulfur content of a liquid fossil fuel sample shall be determined according to ASTM D129-00, Standard Test Method for Sulfur in Petroleum Products (General Bomb Method), ASTM D1552-03, Standard Test Method for Sulfur in Petroleum Products (High-Temperature Method), or ASTM D4294-03, Standard Test Method for Sulfur in Petroleum Products by Energy-Dispersive X-ray Fluorescence Spectroscopy, incorporated by reference in s. NR 484.10 (3), (25) and (54).

NR 439.08(2)(c) (c) Heat content in liquid fossil fuel. The heat content of a liquid fossil fuel sample shall be determined according to ASTM D240-02, Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by a Bomb Calorimeter, incorporated by reference in s. NR 484.10 (4).

NR 439.08(3) (3) Sampling and analysis of fuels other than coal and liquid fossil fuel. The owner or operator of a source required by the department to sample and analyze fuel other than coal and liquid fossil fuel shall use methods and procedures approved, in writing, by the department.

NR 439.08 History History: Renum. from NR 439.07 (2) and am., Register, May, 1992, No. 437, eff. 6-1-92; am. (2) (b), Register, May, 1993, No. 449, eff. 6-1-93; am. (1) (a) to (g), (2) (a) to (c), Register, February, 1995, No. 470, eff. 3-1-95; am. (1) (b), (c), (d), (e) and (g), Register, December, 1996, No. 492, eff. 1-1-97; am. (1) (a), (d), (f), (2) (a) and (b), Register, November, 1999, No. 527, eff. 12-1-99; CR 00-175: am. (1) (a) to (f) and (2) (b) Register March 2002 No. 555, eff. 4-1-02; CR 02-146: am. (1) (a) to (d) and (2) (b) and (c) Register October 2003 No. 574, eff. 11-1-03; CR 05-116: am. (1) (c) to (f) and (2) (b) Register November 2006 No. 611, eff. 12-1-06.

NR 439.085 NR 439.085 Periodic fuel sampling and analysis requirements.

NR 439.085(1) (1) General applicability. Effective April 1, 1989, the requirements of this section apply to all owners or operators of sources described in this section, with the following exceptions:

NR 439.085(1)(a) (a) Sources affected by the RACT sulfur limitations in s. NR 418.04, 418.05, 418.06, 418.07 or 418.08.

NR 439.085(1)(b) (b) Sources with approved RACT variances under s. NR 436.05 affected by the sulfur limitations in s. NR 418.025 or 418.03.

NR 439.085(1)(c) (c) Sources which have installed a sulfur dioxide continuous emission monitor that meets the performance specification requirements of s. NR 439.09.

NR 439.085(2) (2) Requirements for coal burning installations. The coal burning rate for an installation shall be based on the maximum permitted capacity. If the permit does not limit the capacity, the total heat input capacity shall be used:

NR 439.085(2)(a) (a) The owner or operator of a coal burning installation which has a coal burning rate equal to or greater than 250,000 tons per year shall sample coal and submit reports on coal quality in the following manner:

NR 439.085(2)(a)1. 1. Perform coal sampling, using the procedures in ASTM D2234/D2234M-03e1, incorporated by reference in s. NR 484.10 (33), which result in data at least as reliable as classification I-B-1, defined in ASTM D2234/D2234M-03e1 as automatic sampling — full stream cut — systematic spacing, and analyze these samples for ash content, sulfur content and heat content according to the applicable methods and procedures in s. NR 439.08 (1).

NR 439.085(2)(a)2. 2. Submit quarterly reports within 30 days following the end of each calendar quarter which include the following information for each day during the calendar quarter:

NR 439.085(2)(a)2.a. a. The total quantity of coal burned expressed in tons.

NR 439.085(2)(a)2.b. b. Average percent of the ash content of the coal burned.

NR 439.085(2)(a)2.c. c. Average percent of the sulfur content of the coal burned.

NR 439.085(2)(a)2.d. d. Average heat content expressed in Btu per pound of the coal burned.

NR 439.085(2)(a)2.e. e. Average sulfur dioxide emission rate in terms of pounds of sulfur dioxide per million Btu heat input from the coal burned.

NR 439.085(2)(b) (b) The owner or operator of a coal burning installation which has a coal burning rate equal to or greater than 100,000 tons per year but less than 250,000 tons per year shall sample coal and submit reports on coal quality in the following manner:

NR 439.085(2)(b)1. 1. Perform coal sampling using the procedures in ASTM D2234/D2234M-03e1, incorporated by reference in s. NR 484.10 (33), which result in data at least as reliable as classification I-C-2, defined in ASTM D2234/D2234M-03e1 as automatic sampling — part stream cut — random spacing, and analyze these samples for ash content, sulfur content and heat content according to the applicable methods and procedures in s. NR 439.08 (1).

NR 439.085(2)(b)2. 2. Submit quarterly reports within 30 days following the end of each calendar quarter which include the following information for each week during the calendar quarter:

NR 439.085(2)(b)2.a. a. The total quantity of coal burned expressed in tons.

NR 439.085(2)(b)2.b. b. Weighted average percent of the ash content of the coal burned.

NR 439.085(2)(b)2.c. c. Weighted average percent of the sulfur content of the coal burned.

NR 439.085(2)(b)2.d. d. Weighted average heat content expressed in Btu per pound of the coal burned.

NR 439.085(2)(b)2.e. e. Weighted average sulfur dioxide emission rate in terms of pounds of sulfur dioxide per million Btu heat input from the coal burned.

NR 439.085(2)(c) (c) The owner or operator of a coal burning installation which has a coal burning rate equal to or greater than 10,000 tons per year but less than 100,000 tons per year shall sample coal and submit reports on coal quality in the following manner:

NR 439.085(2)(c)1. 1. Perform coal sampling using the procedures in ASTM D2234/D2234M-03e1, incorporated by reference in s. NR 484.10 (33), which result in data at least as reliable as classification II-D-2, defined in ASTM D2234/D2234M-03e1 as manual sampling — stationary coal sampling — random spacing, and analyze these samples for ash content, sulfur content and heat content according to the applicable methods and procedures in s. NR 439.08 (1).

NR 439.085(2)(c)2. 2. Submit quarterly reports within 30 days following the end of each calendar quarter which include the following information for each month during the calendar quarter:

NR 439.085(2)(c)2.a. a. The total quantity of coal burned expressed in tons.

NR 439.085(2)(c)2.b. b. Weighted average percent of the ash content of the coal burned.

NR 439.085(2)(c)2.c. c. Weighted average percent of the sulfur content of the coal burned.

NR 439.085(2)(c)2.d. d. Weighted average heat content expressed in Btu per pound of the coal burned.

NR 439.085(2)(c)2.e. e. Weighted average sulfur dioxide emission rate in terms of pounds of sulfur dioxide per million Btu heat input from the coal burned.

NR 439.085(2)(d) (d) The owner or operator of a coal burning installation which has a coal burning rate equal to or greater than 1,000 tons per year but less than 10,000 tons per year shall submit, on a quarterly basis, information on coal quality which is calculated from the supplier’s analyses for each shipment of coal received at the installation. Each quarterly report is due within 30 days following the end of the calendar quarter. The owner or operator shall obtain certification from the supplier that the applicable methods and procedures in s. NR 439.08 (1) were followed by the supplier. The report shall include the following information for each calendar quarter:

NR 439.085(2)(d)1. 1. The total quantity of coal burned expressed in tons.

NR 439.085(2)(d)2. 2. Weighted average percent of the ash content of the coal burned.

NR 439.085(2)(d)3. 3. Weighted average percent of the sulfur content of the coal burned.

NR 439.085(2)(d)4. 4. Weighted average heat content expressed in Btu per pound of the coal burned.

NR 439.085(2)(d)5. 5. Weighted average sulfur dioxide emission rate in terms of pounds of sulfur dioxide per million Btu heat input from the coal burned.

NR 439.085(2)(e) (e) The owner or operator of a coal burning installation which has a coal burning rate less than 1,000 tons per year shall retain copies of the supplier’s analyses at the installation for each shipment of coal received. The owner or operator shall obtain certification from the supplier that the applicable methods and procedures in s. NR 439.08 (1) were followed. The supplier’s analyses shall include, at a minimum, each shipment’s coal quantity, sulfur content, ash content and heat content.

NR 439.085(3) (3) Requirements for residual fuel oil burning installations. The residual fuel burning rate for an installation shall be based on the maximum permitted capacity. If the permit does not limit the capacity, the total heat input capacity shall be used:

NR 439.085(3)(a) (a) The owner or operator of a residual fuel oil burning installation which has a residual fuel oil burning rate equal to or greater than 1.5 million gallons per year shall sample residual fuel oil and submit reports on residual fuel oil quality in the following manner:

NR 439.085(3)(a)1. 1. Perform liquid fossil fuel sampling for each storage tank of residual fuel oil and analyze these samples for sulfur content and heat content according to the applicable methods and procedures for sampling and analysis in s. NR 439.08 (2). Sampling shall be performed for each tank volume turnover or on a monthly basis, whichever is more frequent.

NR 439.085(3)(a)2. 2. Submit quarterly reports within 30 days following the end of each calendar quarter which include the following information for each month during the calendar quarter:

NR 439.085(3)(a)2.a. a. Total quantity of residual fuel oil burned expressed in thousands of gallons.

NR 439.085(3)(a)2.b. b. Weighted average percent of the sulfur content of the residual fuel oil burned.

NR 439.085(3)(a)2.c. c. Weighted average heat content expressed in Btu per gallon of residual fuel oil burned.

NR 439.085(3)(a)2.d. d. Weighted average sulfur dioxide emission rate in terms of pounds of sulfur dioxide per million Btu heat input from the residual fuel oil burned.

NR 439.085(3)(b) (b) The owner or operator of a residual fuel oil burning installation which has a residual fuel oil burning rate equal to or greater than 150,000 gallons per year but less than 1.5 million gallons per year shall submit, on a quarterly basis, information on residual fuel oil quality which is calculated from the supplier’s analyses for each shipment of residual fuel oil received at the installation. Each quarterly report is due within 30 days following the end of the calendar quarter. The owner or operator of the installation shall obtain certification from the supplier that the applicable methods and procedures in s. NR 439.08 (2) were followed by the supplier. The report shall include the following information for each calendar quarter:

NR 439.085(3)(b)1. 1. Total quantity of residual fuel oil burned expressed in thousands of gallons.

NR 439.085(3)(b)2. 2. Weighted average percent of the sulfur content of the residual fuel oil burned.

NR 439.085(3)(b)3. 3. Weighted average heat content expressed in Btu per gallon of residual fuel oil burned.

NR 439.085(3)(b)4. 4. Weighted average sulfur dioxide emission rate in terms of pounds of sulfur dioxide per million Btu heat input from the residual fuel oil burned.

NR 439.085(3)(c) (c) The owner or operator of a residual fuel oil burning installation which has a residual fuel oil burning rate less than 150,000 gallons per year shall retain copies of the supplier’s analyses at the installation for each shipment of residual fuel oil received. The owner or operator shall obtain certification from the supplier that the applicable methods and procedures in s. NR 439.08 (2) were followed. The supplier’s analyses shall include, at a minimum, each shipment’s residual fuel oil quantity, sulfur content and heat content.

NR 439.085(4) (4) Requirements for installations burning fuels other than coal or residual fuel oil. The owner or operator of an installation subject to reporting requirements under s. NR 439.03 which burns fuel other than coal or residual fuel oil may be required to sample and analyze the fuel used in a manner specified by the department.

NR 439.085 History History: Renum. from NR 439.075 (2) and am., cr. (4), Register, May, 1992, No. 437, eff. 6-1-92; am. (2) (a) 1., Register, February, 1995, No. 470, eff. 3-1-95; am. (2) (a) 1., (b) 1. and (c) 1., Register, November, 1999, No. 527, eff. 12-1-99; CR 00-175: am. (2) (a) 1., (b) 1. and (c) 1. Register March 2002 No. 555, eff. 4-1-02; CR 02-146: am. (2) (a) 1., (b) 1., (c) 1. and (3) (a) 1., cr. (3) (intro.) Register October 2003 No. 574, eff. 11-1-03; CR 05-116: am. (2) (a) 1., (b) 1. and (c) 1. Register November 2006 No. 611, eff. 12-1-06.

NR 439.09 NR 439.09 Methods and procedures for continuous emission monitoring. The owner or operator of a source conducting continuous emission monitoring under s. NR 439.095 shall use the methods and procedures listed in this section to install, calibrate, maintain and operate a continuous emissions monitoring system, or other methods and procedures approved, in writing, by the department:

NR 439.09(1) (1) Continuous emissions monitoring systems for measuring opacity shall comply with all the provisions and requirements in Performance Specification 1 in 40 CFR part 60, Appendix B, incorporated by reference in s. NR 484.04 (21).

NR 439.09(2) (2) Continuous emissions monitoring systems for measuring sulfur dioxide or nitrogen oxides shall comply with all the provisions and requirements in Performance Specification 2 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).

NR 439.09(3) (3) Continuous emissions monitoring systems for measuring oxygen or carbon dioxide shall comply with all the provisions and requirements in Performance Specification 3 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).