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 HistoryHistory: 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 439.05NR 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 HistoryHistory: 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 439.055NR 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)(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 HistoryHistory: 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 439.06NR 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. NR 439.06(1m)(1m) Nonfugitive PM10 particulate emissions. The owner or operator of a source shall use Method 201 or 201A and 202 in 40 CFR part 51f, Appendix M, incorporated by reference under s. NR 484.04 (9), to determine compliance with a nonfugitive PM10 particulate matter 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)(b)(b) Install, calibrate, maintain, and operate a continuous emission monitor that meets the applicable performance specifications under 40 CFR part 60, Appendices B and F or, for affected units, the performance specifications under 40 CFR part 75, Appendices A to I, incorporated by reference under s. NR 484.04 (21), (21m), and (27). The owner, operator, or designee 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, 25B, or 320 in 40 CFR part 60, Appendix A, incorporated by reference under s. NR 484.04 (13), or ASTM D6348-12 (2020), incorporated by reference under s. NR 484.10 (55r), 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)(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)(b)(b) Install, calibrate, maintain, and operate a continuous emission monitor that meets the applicable performance specifications in 40 CFR part 60, Appendices B and F, incorporated by reference under s. NR 484.04 (21) and (21m), and follow quality control and quality assurance procedures for the monitor that 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 or 29 in 40 CFR part 60, Appendix A, incorporated by reference under 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, 7E, or 320 in 40 CFR part 60, Appendix A, incorporated by reference under s. NR 484.04 (13), or ASTM D6348-12 (2020), incorporated by reference under s. NR 484.10 (55r). 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, Appendices B and F, or, for affected sources, the performance specifications in 40 CFR part 75, Appendices A to I, incorporated by reference under s. NR 484.04 (21), (21m), and (27). The owner, operator, or designee of the source shall submit and follow the quality control and quality assurance plan for the monitor that 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)(b)(b) Install, calibrate, maintain, and operate a continuous emission monitor that meets the applicable performance specifications in 40 CFR part 60, Appendices B and F, incorporated by reference under s. NR 484.04 (21) and (21m), and follow quality control and quality assurance procedures for the monitor that 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)2.2. Install, calibrate, maintain, and operate a continuous emission monitor that meets the applicable performance specifications in 40 CFR part 60, Appendices B and F or 40 CFR part 75, Appendices A to I, incorporated by reference under s. NR 484.04 (21), (21m), and (27), and follow a quality control and quality assurance plan for the monitor that 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 HistoryHistory: 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; CR 24-030: am. (intro.), (1), (1m), (2) (a), (b), (3) (a), (c), (4) (b), (5), (6) (a), (b), (7) (b), (9) (a) 2. Register June 2025 No. 834, eff. 7-1-25; correction in (4) (b), (6) (b), (7) (b), (9) (a) 2. NR 439.07NR 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, 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), 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 under s. NR 484.04 (13), (23), and (25), or according to other test methods approved in writing by the department. The owner or operator of a source, or a contractor responsible for emission testing, shall follow the procedures in this section. All compliance emission tests shall be performed with the equipment operating at capacity or as close to capacity as practicable or under other conditions as specified in an applicable requirement or approved by the department. NR 439.07(2)(2) Emission test notification and test plan submittal. The owner, operator, or designee of a source shall notify the department in writing at least 30 calendar 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 that includes all of the following information for the emissions unit to be tested: NR 439.07(2)(a)(a) A description of the reference test methods, analytical test methods, and quality assurance and quality control procedures to be used. NR 439.07(2)(am)(am) A description of any planned or anticipated reference method or analytical test method deviation and a copy of any reference method or analytical test method deviation approval. NR 439.07(2)(b)(b) A description of each emissions unit, including fuel types and maximum design capabilities. NR 439.07(2)(c)(c) A description of the emissions unit operating parameters and an explanation of how the emissions unit will be operated during the test. NR 439.07(2)(cm)(cm) A description of the control device associated with each emissions unit. NR 439.07(2)(cp)(cp) A description of the control device operating parameters and an explanation of how the control device will be monitored during the test. NR 439.07(2)(d)(d) The proposed test date, starting time of the test, and test schedule. NR 439.07(2)(dm)(dm) The expected duration and number of sampling runs for each reference test method.
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administrativecode
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Department of Natural Resources (NR)
Chs. NR 400-499; Environmental Protection – Air Pollution Control
administrativecode/NR 439.055(1s)
administrativecode/NR 439.055(1s)
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