NR 439.07 Methods and procedures for periodic compliance emission testing. NR 439.075 Periodic compliance emission testing requirements. NR 439.08 Methods and procedures for periodic fuel sampling and analysis. NR 439.085 Periodic fuel sampling and analysis requirements. NR 439.09 Methods and procedures for continuous emission monitoring. NR 439.095 Continuous emission monitoring requirements. NR 439.096 Methods and procedures for combustion optimization. NR 439.098 Methods and procedures for parametric testing of NOx emissions pursuant to an acid rain program alternative NOx emission limitation. NR 439.11 Malfunction prevention and abatement plans. Ch. NR 439 NoteNote: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1996, No. 492. Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, January, 2001, No. 541. NR 439.01(1)(1) Applicability. This chapter applies to all air contaminant sources and to their owners and operators. For sources subject to an emission standard under 40 CFR parts 60 to 63, the applicable requirements of 40 CFR parts 60 to 63 apply in addition to the requirements of this chapter. In the case of a conflict between applicable provisions under 40 CFR parts 60 to 63 and provisions of this chapter, the provisions under 40 CFR parts 60 to 63 shall apply. NR 439.01(2)(2) Purpose. This chapter is adopted under ss. 285.11, 285.13, 285.17, 285.19, and 285.65, Stats., to establish general reporting, recordkeeping, testing, inspection and determination of compliance requirements for all air contaminant sources. Individual chapters of chs. NR 400 to 499, permits or orders may contain additional requirements. NR 439.01 HistoryHistory: Cr. Register, September, 1986, No. 369, eff. 10-1-86; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1989, No. 404; am. Register, May, 1992, No. 437, eff. 6-1-92; am. (1), Register, March, 1997, No. 495, eff. 4-1-97; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register August 2001 No. 548; CR 24-030: am. (1) Register June 2025 No. 834, eff. 7-1-25. NR 439.02NR 439.02 Definitions. The definitions contained in chs. NR 400 and 407 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter: NR 439.02(1m)(1m) “Adsorption” means the transferring of a gaseous pollutant from the gas stream to a solid surface, typically carbon. NR 439.02(1n)(1n) “Adsorption device” includes a fixed regenerable bed, a disposable or rechargeable canister, a moving bed adsorber, and a fluid bed adsorber. NR 439.02(1s)(1s) “Audit sample” means a glass vial, a gas cylinder, or other material that contains a known concentration of a pollutant that may be used for the purpose of quality assurance of certain laboratory analyses required for the determination of compliance. NR 439.02(2)(2) “Baghouse” means a device in which dust−laden gases are forced through a fabric bag and particulates are retained by direct interception, inertial impaction, diffusion, electrostatic attraction, or gravitational settling. NR 439.02(2m)(2m) “Calibration” means the comparison of a standard or instrument with a known accurate standard or instrument to detect and quantify inaccuracies, and either reduce or eliminate those inaccuracies by adjustment. NR 439.02(3)(3) “Compliance emission test” means a performance test required by the department or conducted in cooperation with the department involving the quantitative measurement of air contaminants as they are emitted from a source to determine compliance with an emission limitation. NR 439.02(4)(4) “Condensable particulate matter” means any material, except uncombined water, that may not be collected in the front half of the particulate matter emission sampling train but that exists as a solid or liquid at standard conditions. NR 439.02(5)(a)(a) “Continuous monitoring system” means the total equipment used to sample, to analyze and to provide a permanent record of emissions or process parameters. NR 439.02(5)(b)(b) “Continuous monitoring system” includes a continuous emission monitoring system, a predictive emission monitoring system, a continuous opacity monitoring system, and a continuous parameter monitoring system. NR 439.02(5m)(5m) “Deviation” means any instance in which a source is not in conformance with a permit requirement or applicable regulation, including exceedances and excursions. A deviation is not always a violation. NR 439.02(6)(6) “Emission sampling train” means the apparatus used to collect a representative sample in the performance of an emission test. NR 439.02(6e)(6e) “Exceedance” means a condition that is detected by monitoring, testing, or other means that provides data in the same terms as an emission limitation or standard, and that indicates that emissions or opacity are greater than the applicable limitation or standard, or less than the applicable standard in the case of a percent reduction requirement, consistent with any averaging period specified for averaging the results of the monitoring or testing, or specified in the applicable emission limitation or standard. NR 439.02(6m)(6m) “Excursion” means a departure from an indicator range established for monitoring under 40 CFR part 64, consistent with any averaging period specified for averaging the results of the monitoring. NR 439.02(6s)(6s) “Incinerator” means an enclosed combustion device that is used to destroy pollutants. “Incinerator” includes an oxidizer. NR 439.02(8)(a)(a) “Mechanical collector” means a device that separates solid particles from a gas stream by a combination of mechanical forces including centrifugal, gravitational, and inertial forces. NR 439.02(8)(b)(b) “Mechanical collector” includes settling chambers, cyclones, and multicyclone collectors. NR 439.02(9)(9) “Monitoring device” means the collection of equipment used to measure the operating parameters of a control device or process, obtain a reading, and transmit the reading to recordkeeping equipment and to the control room. 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:
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