Chapter NR 439

NR 439.04(5)(a)2. 2. The VOC content of each coating or ink delivered to each coating applicator 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)(a)2.c. c. Pounds of VOCs per pound 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 square feet 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 1,000 square feet, 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 record that documents and correlates the 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. For sources subject to an emission limitation under ch. NR 422 that is expressed in units of pounds of VOC per gallon of coating or ink, excluding water, certification of the efficiency of any capture system used in conjunction with s. NR 422.04 (2) (b), (c), and (d) and the total allowable emissions as calculated under s. NR 422.04 (4) for any day 95 percent overall control is not achieved.

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 record that documents and correlates 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 uses an incinerator or oxidizer control device to achieve and maintain compliance as allowed in any section under ch. NR 422 or under s. NR 423.037, the owner or operator shall comply with all of 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 as identified under s. NR 439.055.

NR 439.04(6)(a)2. 2. All of the following information shall be collected and recorded during operation of the solvent cleaning operation and the control device:

NR 439.04(6)(a)2.a. a. A record that documents and correlates the operating time for the capture system, control device, monitoring equipment, and the associated solvent cleaning operation.

NR 439.04(6)(a)2.b. b. For thermal incinerators and oxidizers, the combustion temperature during all 3-hour average periods.

NR 439.04(6)(a)2.c. c. For catalytic incinerators and oxidizers, the catalyst bed inlet temperature for all 3-hour average periods.

NR 439.04(6)(b) (b) If an owner or operator of a solvent cleaning operation uses a carbon adsorption system to achieve and maintain compliance as allowed in any section under ch. NR 422 or under s. NR 423.037, the owner or operator shall comply with all of 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. All of the following information shall be collected and recorded during operation of the solvent cleaning operation and the carbon adsorption system:

NR 439.04(6)(b)2.a. a. A record that documents and correlates 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 uses a continuous emission monitoring and recording system to measure and record the concentration of organic compounds in the exhaust gases, the organic compound concentration for all 3-hour average periods.

NR 439.04(6)(b)2.c. c. For a carbon adsorption system that uses monitoring and recording equipment to measure and record the total mass steam flow rate for each regeneration cycle of each carbon bed, the total mass steam flow rate for each carbon bed regeneration cycle.

NR 439.04(6)(b)2.d. d. For a carbon adsorption system that uses monitoring and recording equipment to measure and record the temperature of each carbon bed after each regeneration and cooling cycle, the temperature of each carbon bed after each regeneration and cooling cycle.

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; CR 24-030: am. (1) (intro.), (a) (intro.), 6., cr. (1) (a) 7., am. (1) (b), (d), cr. (1) (e), (f), r. (2), cr. (2m), am. (3), (4) (d), cr. (4) (e) to (g), am. (5) (a) 2. (intro.), cr. (5) (a) 2. (c), am. (5) (c) 2., 3, (d) 2. b., (e) 5., 8., (6) (a), (b) (intro.), 2. Register June 2025 No. 834, eff. 7-1-25; correction in (1) (intro.), (a) made under s. 35.17, Stats., Register June 2025 No. 834.

NR 439.05 NR 439.05 Access to records; access for inspections, monitoring, and sampling; record retention.

NR 439.05(1) (1) No person may deny information or access to 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(4) (4) The owner or operator of a source shall retain records of all required monitoring data and supporting information for a period of at least 5 years from the date of the monitoring sample, measurement, report, or application, unless a longer retention period is specified by the department. Supporting information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation or equivalent data output, and copies of all reports required by the department.

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; CR 24-030: am. (title), (1), cr. (4) Register June 2025 No. 834, eff. 7-1-25.

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

NR 439.055(1e) (1e) In this section, “accuracy” or “accurate” means the closeness of an indicator or reading of a measurement device to the actual value of the quantity being measured; usually expressed as ± percent of the full-scale output or reading.

NR 439.055(1m) (1m) The department may require the owner or operator of a source to install and operate instrumentation to monitor the operation of the source and air pollution control equipment.

NR 439.055(1s) (1s) The department may require, in an operation permit, the installation and operation of instrumentation to monitor the operation of the source and air pollution control equipment to meet the requirements under s. NR 407.09 (1) (c) 1. and (4) (a) 1.

NR 439.055(2m) (2m) The department may require, in an air pollution control permit or order, the measurement of source or air pollution control operational variables 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, 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) are met.

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 percent 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 percent of the pressure drop being measured.

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

NR 439.055(3)(d) (d) Unless otherwise specified by the department, all other parameter monitoring devices shall be accurate to within 5 percent 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, replaced, or validated at a frequency required by an applicable federal requirement, or, if there is no minimum frequency required by an applicable federal requirement, calibrations, replacements, or validations shall be at least as frequent as one of the following:

NR 439.055(4)(a) (a) Yearly.

NR 439.055(4)(b) (b) A frequency based on written manufacturer recommendations.

NR 439.055(4)(c) (c) A frequency established by operational history that demonstrates compliance with the instrument accuracy requirements under sub. (3).

NR 439.055(5m) (5m) The owner or operator shall maintain records of the accuracy and calibrations, replacements, and validations for all instruments used for measuring source or air pollution control equipment operational variables, including the date the calibration, replacement, or validation was conducted and the accuracy of the monitoring device in percent of the variable being measured.

NR 439.055(6m) (6m) No person may render inaccurate any monitoring device or method required under this chapter or in an air pollution control permit.

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; CR 24-030: renum. (1) (intro.) to (1m) and am., r. (1) (a) to (g), cr. (1e), (1s), r. (2), cr. (2m), am. (3) (a) to (c), cr. (3) (d), renum. (4) to (4) (intro.) and am., cr. (4) (a) to (c), r. (5), cr. (5m), r. (6), cr. (6m) Register June 2025 No. 834, eff. 7-1-25; correction in (3) (c) made under s. 35. 17, Stats., Register June 2025 No. 834.

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 under this section and under 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 that are specified and approved by the department for collection, analysis, processing, and reporting of compliance monitoring data. Nothing in this chapter shall preclude the use, including the exclusive use, of any credible evidence or information, relevant to whether a source would have been in compliance with applicable requirements.

NR 439.06(1) (1) Nonfugitive particulate matter 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 under s. NR 484.04 (13), and when required, Method 202 in 40 CFR part 51, Appendix M, incorporated by reference under s. NR 484.04 (9), to determine compliance with a nonfugitive particulate matter emission limitation.