Chapter NR 439

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).

NR 439.09(4) (4) Continuous emissions monitoring systems for measuring carbon monoxide shall comply with all the provisions and requirements in Performance Specification 4 in 40 CFR part 60, Appendix B, incorporated by reference in s. NR 484.04 (21).

NR 439.09(5) (5) Continuous emissions monitoring systems for measuring total reduced sulfur shall comply with all the provisions and requirements in Performance Specification 5 in 40 CFR part 60, Appendix B, incorporated by reference in s. NR 484.04 (21).

NR 439.09(6) (6) Continuous emission rate monitoring systems shall comply with all the provisions and requirements in Performance Specification 6 in 40 CFR part 60, Appendix B, incorporated by reference in s. NR 484.04 (21).

NR 439.09(7) (7) Continuous emissions monitoring systems for measuring hydrogen sulfide shall comply with all the provisions and requirements in Performance Specification 7 in 40 CFR part 60, Appendix B, incorporated by reference in s. NR 484.04 (21).

NR 439.09(7m) (7m) Continuous emissions monitoring systems for measuring VOCs shall comply with all the provisions and requirements in the department’s approval issued under s. NR 439.095 (1).

NR 439.09(8) (8) The owner or operator of a continuous emissions monitoring system shall comply with the quality control and quality assurance plan submitted by the owner or operator of the source and approved by the department.

NR 439.09(9) (9) Continuous emissions monitoring systems shall meet the following minimum frequency of operation requirements:

NR 439.09(9)(a) (a) Opacity monitors shall complete one cycle of sampling and analyzing for each successive 10-second period and one cycle of data recording for each successive 6-minute period.

NR 439.09(9)(b) (b) Sulfur dioxide, nitrogen oxides, oxygen, carbon dioxide, carbon monoxide, hydrogen sulfide, total reduced sulfur and VOC monitors shall complete one cycle of sampling, analyzing and data recording for each successive 15-minute period. The values recorded shall be averaged hourly. Hourly averages shall be computed from 4 data points equally spaced over each 1 hour period, except during periods when calibration, quality assurance or maintenance activities are being performed. During these periods, a valid hour shall consist of at least 2 data points separated by a minimum of 15 minutes.

NR 439.09(10) (10) The owner or operator of a continuous emissions monitoring system shall submit quarterly excess emission reports to the department within 30 days following the end of each calendar quarter in accordance with pars. (a) to (d). The owner or operator shall submit either a full excess emission report under par. (a) or a summary excess emission report under par. (d), as specified in writing by the department.

NR 439.09(10)(a) (a) The full excess emission reports required under this subsection shall contain the following information:

NR 439.09(10)(a)1. 1. The date and starting and ending times or duration of each period of excess emissions and the magnitude of the emissions.

NR 439.09(10)(a)2. 2. The periods of excess emissions that occur during startups, shutdowns, sootblowing, control equipment malfunction, process malfunction, fuel problems, other known causes or for unknown causes. The report shall identify the cause of any malfunction and the measures taken to reduce excess emissions.

NR 439.09(10)(a)3. 3. The date and starting and ending time of any period during which the monitoring system was inoperative for any reason or causes, including monitor malfunction or calibration, except for zero and span checks. The report shall identify the repairs or adjustments made to the system.

NR 439.09(10)(a)4. 4. The date and starting and ending time of any period during which the process being monitored was inoperative.

NR 439.09(10)(a)5. 5. When no period of excess emissions occurred during the quarter and the monitoring system had no period of downtime, an excess emissions report shall be filed stating such information.

NR 439.09(10)(b) (b) Unless otherwise specified by the department, in the reports required under this subsection, periods of excess emissions shall be reported as follows:

NR 439.09(10)(b)1. 1. For opacity, any 6-minute period during which the average opacity exceeds the applicable emission limit.

NR 439.09(10)(b)2. 2. For sulfur dioxide, any 24-hour rolling average during which the average sulfur dioxide emissions exceed the applicable emission limitation.

NR 439.09(10)(b)3. 3. For nitrogen oxides, any 24-hour rolling average during which the average nitrogen oxides emissions exceed the applicable emission limitation.

NR 439.09(10)(b)4. 4. For carbon monoxide, any one-hour period during which the average carbon monoxide emissions exceed the applicable emission limitation.

NR 439.09(10)(b)5. 5. For total reduced sulfur, any 24-hour rolling average during which the average total reduced sulfur emissions exceed the applicable emission limitation.

NR 439.09(10)(c) (c) For purposes of reporting exceedances on the basis of a 24-hour rolling average under this subsection, any hourly average may be included in only one 24-hour period. An exceedance shall be based on at least 18 and not more than 24 valid recordings of hourly average emission rates in any 24 hour period.

NR 439.09(10)(d) (d) The summary excess emission report shall be submitted on a form provided by the department or in a format approved by the department.

NR 439.09 History History: Renum. from NR 439.07 (3) and am., cr. (8) (intro.), Register, May, 1992, No. 437, eff. 6-1-92; r. and recr. (6) to (8), cr. (9) and (10), Register, December, 1993, No. 456, eff. 1-1-94; cr. (7m), am. (9) (b), Register, June, 1994, No. 462, eff. 7-1-94; am. (1) to (7), Register, February, 1995, No. 470, eff. 3-1-95; am. (2), (3), Register, April, 1995, No. 472, eff. 5-1-95; CR 02-146: am. (intro.) Register October 2003 No. 574, eff. 11-1-03.

NR 439.095 NR 439.095 Continuous emission monitoring requirements.

NR 439.095(1) (1) Applicability and general requirements. Except as provided in sub. (2), the owner or operator of a direct stationary source listed in this subsection shall install, calibrate, operate and maintain all monitoring equipment necessary for continuously monitoring the pollutants specified in this subsection for the applicable source. The type of monitoring equipment used and the manner and location of its installation are subject to prior department approval. The sources and their respective monitoring requirements are as follows:

NR 439.095(1)(a) (a) Fossil fuel fired steam generating units identified in sub. (5) shall be monitored for opacity, nitrogen oxide emissions, sulfur dioxide emissions, and oxygen or carbon dioxide.

NR 439.095(1)(b) (b) Fluid bed catalytic cracking unit catalyst regenerators identified in sub. (5) shall be monitored for opacity.

NR 439.095(1)(c) (c) Sulfuric acid plants identified in sub. (5) shall be monitored for sulfur dioxide emissions.

NR 439.095(1)(d) (d) Nitric acid plants identified in sub. (5) shall be monitored for nitrogen oxide emissions.

NR 439.095(1)(e) (e) Yeast manufacturing fermenters identified in sub. (5) shall be monitored for VOCs.

NR 439.095(1)(f) (f) Phase I and phase II acid rain units identified in sub. (5) shall be monitored for sulfur dioxide, nitrogen oxides, carbon dioxide, stack flow rate and opacity.

NR 439.095(1)(g) (g) Direct stationary sources, required under an enforcement agreement or which have elected to use continuous emission monitoring to determine compliance with applicable rules, shall monitor for the parameters and pollutants for which they have installed the monitoring device. Those parameters may include stack flow rate, opacity, or emissions of nitrogen oxides, sulfur dioxide, total reduced sulfur, carbon dioxide, VOCs and hazardous air contaminants.

NR 439.095(2) (2) Exemptions. The department may grant an exemption from any monitoring requirement of this section for any source which is subject to a continuous emission monitoring requirement under a new source performance standard in ch. NR 440.

NR 439.095(3) (3) Installation deadlines. The owner or operator of a source which is required under sub. (1) to install continuous monitoring equipment shall complete the installation and performance tests of the equipment and begin monitoring and recording not later than April 1, 1989, except as provided in pars. (a) and (b). The department may grant requests for extensions of the time provided for installation of monitors for facilities unable to meet the prescribed time frame if the owner or operator of the facility demonstrates that good faith efforts have been made to obtain and install the devices within the prescribed time frame.

NR 439.095(3)(a) (a) For new sources, monitoring and recording shall begin upon startup.

NR 439.095(3)(b) (b) For boilers connected to a single stack which have individual coal burning rates of less than 25,000 tons per year but which have a combined coal burning rate of 25,000 tons or more per year, monitoring and recording shall begin not later than January 1, 1993.

NR 439.095(4) (4) Monitoring system malfunction. The department may grant a temporary exemption from the monitoring and reporting requirements of this section during any period of monitoring system malfunction if the source owner or operator shows, to the satisfaction of the department, that the malfunction was unavoidable and is being repaired as expeditiously as practicable.

NR 439.095(5) (5) Minimum monitoring requirement. The owner or operator of a source listed in this subsection shall, as a minimum, meet the monitoring requirements of this subsection and sub. (1).

NR 439.095(5)(a) (a) Fossil fuel fired steam generating units. Except as provided for under par. (f) or (g), the owner or operator of a fossil fuel fired steam generating unit subject to sub. (1) shall comply with the monitoring requirements of this paragraph:

NR 439.095(5)(a)1. 1. Opacity. The owner or operator of any steam generating unit which has a total heat input capacity equal to or greater than 250 million Btu per hour shall install, calibrate, maintain and operate a continuous monitoring system which meets the performance specifications of sub. (6) for the measurement of opacity from each stack serving a coal fired boiler or boilers with a maximum combined coal burning rate equal to or greater than 25,000 tons per year, unless the source utilizes an alternative method of compliance determination approved, in writing, by the department.

NR 439.095(5)(a)2. 2. Sulfur dioxide. The owner or operator of any steam generating unit shall install, calibrate, maintain and operate a continuous monitoring system which meets the performance specifications of sub. (6) for the measurement of sulfur dioxide if one of the following applies:

NR 439.095(5)(a)2.a. a. The facility total heat input capacity is equal to or greater than 250 million Btu per hour and the facility has a control system which reduces sulfur dioxide emissions by more than 5% of the uncontrolled sulfur dioxide emission rate.

NR 439.095(5)(a)2.b. b. The maximum coal burning rate of all boilers at the facility which emit to a stack without a sulfur dioxide control system is equal to or greater than 100,000 tons of coal per year, unless the source utilizes an alternative method of compliance determination approved, in writing, by the department which meets the requirements of s. NR 439.085.

NR 439.095(5)(a)3. 3. Nitrogen oxides. The owner or operator of a fossil fuel fired steam generating unit with a capacity greater than 1000 million Btu per hour heat input which is located in a nonattainment area for nitrogen oxides shall install, calibrate, maintain and operate a continuous monitoring system for the measurement of the source’s nitrogen oxides emissions which meets the performance specifications of sub. (6), unless the source’s owner or operator demonstrates by a compliance emission test that the source emits nitrogen oxides at levels 30% or more below the applicable emission limit.

NR 439.095(5)(a)4. 4. Oxygen or carbon dioxide. The owner or operator of a fossil fuel fired steam generating unit where measurement of oxygen or carbon dioxide in the flue gas is required to convert either sulfur dioxide or nitrogen oxides continuous emission monitoring data, or both, to units of the applicable emission limitation shall install, calibrate, operate and maintain a continuous monitoring system for the measurement of percent oxygen or carbon dioxide which meets the performance specifications of sub. (6).

NR 439.095(5)(b) (b) Nitric acid plants. The owner or operator of a nitric acid plant of greater than 300 tons per day production capacity, expressed as 100% acid, which is located in a nonattainment area for nitrogen oxides shall install, calibrate, maintain and operate a continuous monitoring system for the measurement of nitrogen oxides which meets the performance specifications of sub. (6) for each nitric acid producing unit within the plant.

NR 439.095(5)(c) (c) Sulfuric acid plants. The owner or operator of a sulfuric acid plant of greater than 300 tons per day production capacity, expressed as 100% acid, shall install, calibrate, maintain and operate a continuous monitoring system for the measurement of sulfur dioxide which meets the performance specifications of sub. (6) for each sulfuric acid producing unit within the plant.

NR 439.095(5)(d) (d) Fluid bed catalytic cracking unit catalyst regenerators at petroleum refineries. The owner or operator of a catalyst regenerator for fluid bed catalytic cracking units of greater than 20,000 barrels per day fresh feed capacity shall install, calibrate, maintain and operate a continuous monitoring system for the measurement of opacity which meets the performance specifications of sub. (6).

NR 439.095(5)(e) (e) Yeast manufacturing plants. The owner or operator of any yeast manufacturing facility subject to s. NR 424.05 shall install, calibrate, maintain and operate a continuous monitoring system for the measurement of VOCs which meets the performance specifications of the department’s approval issued under sub. (1) for each fermenter which does not use add-on control equipment to meet the emission limitations of s. NR 424.05 (2) (a).

NR 439.095(5)(f) (f) Phase I and phase II affected units. The owner or operator of any phase I or phase II affected unit shall install, calibrate, maintain and operate a continuous monitoring system for the measurement of sulfur dioxide, nitrogen oxides, carbon dioxide, stack flow rate and opacity which meets the performance specifications in sub. (6) for each affected unit, or as approved by the department, for a combination of affected units that share a common stack.

NR 439.095(5)(g) (g) Other steam generating units sharing a common stack. The owner or operator of a combination of steam generating units not regulated under par. (f) that share a common stack or duct may, with department approval, install, calibrate, maintain and operate a single continuous monitoring system for the measurement of stack flow rate, opacity, sulfur dioxide, nitrogen oxides, total reduced sulfur, carbon dioxide, VOCs and hazardous air contaminants that meets the performance specifications in sub. (6).

NR 439.095(6) (6) Performance specifications. The owner or operator of monitoring equipment installed to comply with this section shall install, calibrate, maintain and operate the continuous emission monitor in accordance with the 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), and the requirements in s. NR 439.09. 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 439.095 History History: Renum. from NR 439.075 (3) and am., Register, May, 1992, No. 437, eff. 6-1-92; cr. (1) (e) and (5) (e), Register, June, 1994, No. 462, eff. 7-1-94; am. (6), Register, February, 1995, No. 470, eff. 3-1-95; cr. (1) (f), (5) (f), am. (5) (a) (intro.), (6), Register, April, 1995, No. 472, eff. 5-1-95; am. (2) (intro.), r. (2) (a), (b), Register, December, 1995, No. 480, eff. 1-1-96; am. (5) (a) 2. (intro.), Register, December, 1996, No. 492, eff. 1-1-97; CR 02-146: am. (1) (intro.), (a), (5) (a) (intro.), 1., 2. (intro.) and b., 3. and 4., cr. (1) (g) and (5) (g) Register October 2003 No. 574, eff. 11-1-03.

NR 439.096 NR 439.096 Methods and procedures for combustion optimization. The owner or operator of a unit subject to the combustion optimization requirements of s. NR 428.05 (2) shall comply with all applicable methods and procedures for combustion optimization listed in this section.

NR 439.096(1) (1) General. All combustion optimizations conducted shall be performed according to methods approved in writing by the department. The owner or operator responsible for combustion optimizations shall follow the procedures in this section.

NR 439.096(2) (2) Combustion optimization notification and plan submittal. The department shall be notified in writing at least 45 days in advance of a combustion optimization to provide the department an opportunity to evaluate the plan and to have a representative present to witness the combustion optimization procedures. The notice shall provide a combustion optimization plan which includes, but need not be limited to, the following information:

NR 439.096(2)(a) (a) The results of an engineering study of the process to be optimized. The engineering report shall identify and evaluate the options available for modifications to the process that would optimize combustion while minimizing NOx emissions.

NR 439.096(2)(b) (b) A description of the process or operation variables which affect the air contaminant source’s emissions.

NR 439.096(2)(c) (c) A description of the process to be optimized.

NR 439.096(2)(d) (d) A description of the sampling equipment and the combustion optimization methods and procedures to be used.

NR 439.096(2)(e) (e) The date and starting time of the combustion optimization.

NR 439.096(2)(f) (f) A description of the number and location of any sampling ports and sampling points and an identification of the combustion gases to be sampled.

NR 439.096(2)(g) (g) A statement indicating the production rate and the operating conditions at which the combustion optimization will be conducted.

NR 439.096(3) (3) Combustion optimization plan evaluation. In evaluating the combustion optimization plan, the department shall respond to the source owner or operator within 15 business days of receipt of the plan and may require one or more of the following activities:

NR 439.096(3)(a) (a) A pre-combustion optimization conference which includes the owner or operator of the source, the person conducting the combustion optimization and the department to discuss any deficiencies in the plan or settle any combustion optimization procedure questions the department, the person conducting the combustion optimization or the source owner or operator might have.

NR 439.096(3)(b) (b) Any change to the sampling method that is deemed necessary by the department to conduct a proper combustion optimization.

NR 439.096(3)(c) (c) A rescheduling of the combustion optimization to accommodate witnessing or source production schedules.

NR 439.096(4) (4) Notification of combustion optimization plan revision. The source owner or operator shall notify the department of any modifications to a combustion optimization plan at least 5 business days prior to the combustion optimization. In the event the owner or operator is unable to conduct the combustion optimization on the date specified in the 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 combustion optimization date and specify the date when the combustion optimization is to be rescheduled.

NR 439.096(5) (5) Proper facilities for combustion optimization. The department may require the owner or operator of a source to provide proper facilities for conducting combustion optimization tests which may include the testing facilities listed in s. NR 439.07 (5) (a) to (e).

NR 439.096(6) (6) Witnessing requirements. The department may require that a department representative be present at any combustion optimization. The department may require the following activities:

NR 439.096(6)(a) (a) The department may require the person conducting the combustion optimization to provide the department a copy of all test data and equipment calibration data prepared or collected for the combustion optimization.

NR 439.096(6)(b) (b) The department may require the source owner or operator and person conducting the combustion optimization to correct any deficiency in the performance of the combustion optimization provided that the department notifies the source owner or operator and person conducting the combustion optimization of the deficiency as soon as it is discovered. The failure of a source owner or operator and person conducting the combustion optimization to correct any deficiency may result in the department refusing to accept the results of the combustion optimization.

NR 439.096(7) (7) Combustion optimization equipment calibration requirements. The components of any emission sampling train or associated sampling equipment listed in this subsection shall be calibrated not more than 60 days before the test. This includes the following:

NR 439.096(7)(a) (a) Any equipment used to measure gas velocity.

NR 439.096(7)(b) (b) Any equipment used to meter sample gas volume.

NR 439.096(7)(c) (c) Any equipment used to regulate sample gas flow.

NR 439.096(7)(d) (d) Any equipment used to measure temperature.

NR 439.096(7)(e) (e) Any gas sampling nozzle used during the emission test.

NR 439.096(7)(f) (f) Any equipment used to determine gas molecular weight.

NR 439.096(7)(g) (g) Any other sampling equipment that requires periodic calibration.