NR 439.07(9)(s)(s) Stack number, emissions unit number, and control device number. NR 439.07(9)(t)(t) Applicable rules and permit conditions requiring the tests be conducted. NR 439.07(9)(w)(w) Analytical subcontractor name, contact name, and phone number. NR 439.07(9)(x)(x) A statement certifying all methodologies were performed according to the written procedures and represent true and accurate data. NR 439.07 HistoryHistory: Cr. Register, September, 1987, No. 381, eff. 10-1-87; am. (1) (c) 1., (i) 12. and 13., (2) (a) 5. and 6., Register, February, 1990, No. 419, eff. 3-1-90; am. (intro.), renum. (1) (a) to (g), (2) and (3) to be (1) to (10), NR 439.08 and 439.09 and am. (1), (8) (a), (b), (g), (m), (9) (a) and (10) (b), Register, May, 1992, No. 437, eff. 6-1-92; am. (1), (8) (g), (i) and (n), Register, December, 1993, No. 456, eff. 1-1-94; am. (1), (8) (b), (e) to (k), (m) and (n), Register, February, 1995, No. 470, eff. 3-1-95; am. (4), Register, September, 1997, No. 501 eff. 10-1-97; am. (1) and (4), Register, November, 1999, No. 527, eff. 12-1-99; r. (8) (L), Register, March, 2000, No. 531, eff. 4-1-00; CR 02-146: am. (2) (intro.), (8) (a) and (9) (intro.), renum. (8) (b) to be (b) 1., (8) (d) to (h) to be (8) (b) 2. to 6., (8) (j) to be (8) (c) 1., (8) (k) to be (8) (c) 2., (8) (m) to be (8) (d) 1. and (8) (o) to be (8) (a) 2., cr. (8) (b) (intro.), (8) (c) 3., (8) (d) 2. and (8) (e) and (f), renumber and am. (8) (c) to be (8) (g), (8) (i) to be (8) (a) 1. and (8) (n) to be (8) (b) 7., Register October 2003 No. 574, eff. 11-1-03; CR 09-020: am. (8) (b) 7. Register January 2010 No. 649, eff. 2-1-10; CR 24-030; r. and recr. (1), (2), am. (3) (intro.), (4), (5) (a), (7) (intro.), (8) (a) 1., (b), (e), r. and recr. (9), r. (10) Register June 2025 No. 834, eff. 7-1-25. NR 439.075NR 439.075 Periodic compliance emission testing requirements. NR 439.075(1)(a)(a) The owner or operator of a direct stationary source specified in sub. (2) which has been issued an air pollution control permit under s. 285.60, Stats., shall comply with the compliance emission testing requirements of this section. NR 439.075(1)(b)(b) Nothing in this section may be construed as preventing the department from requiring the performance of additional compliance emission tests on the affected sources or requiring tests for pollutants and sources other than those specified in this section. NR 439.075(2)(2) Affected emission units and air contaminants requiring testing. NR 439.075(2)(a)(a) Except as provided under sub. (4), the owner or operator of a source identified in this paragraph, with an emissions unit that has allowable emissions of particulate matter, sulfur dioxide, or volatile organic compounds of 100 tons or more per year or allowable emissions of total reduced sulfur of 25 tons or more per year, shall perform compliance emission testing according to the testing schedules under sub. (3) as follows: NR 439.075(2)(a)3.3. Compliance emission testing for total reduced sulfur is required for an emissions unit subject to an emission limitation under s. NR 417.06. NR 439.075(2)(a)4.4. Compliance emission testing for volatile organic compounds is required for an emissions unit subject to an emission limitation in s. NR 421.03, 421.04, 422.05 to 422.08, 422.09 to 422.155, 423.05, or 424.03 to 424.05 that uses a control device to achieve compliance with the applicable requirements. This test shall include a determination of the overall control efficiency of the control device on the affected emissions unit. NR 439.075(2)(b)(b) The owner or operator of a source, subject to the requirements under ch. NR 427, chs. NR 445 to 449, or 40 CFR part 61 Subparts C, D, E, F, or M, shall perform compliance emission testing for lead, mercury, beryllium, or vinyl chloride according to the testing schedules under sub. (3) as follows: NR 439.075(2)(b)3.3. Compliance emission testing for vinyl chloride is required for an emissions unit identified under s. NR 449.04, 449.05, or 449.06 (1), (2), (3), or (4), or 40 CFR 61.62, 61.63, or 61.64 (a), (b), (c), or (d) and for any control system to which reactor emissions are required to be ducted under s. NR 449.06 (1) (b) or (5) (a) or (b) or 40 CFR 61.64 (a) (2) or (e) (1) or (2) or to which fugitive emissions are required to be ducted under s. NR 449.07 (2) (a), (b), (c), (e), (f), or (i) or 40 CFR 61.65 (b) (1), (2), (3), (5), (6), or (9). NR 439.075(2)(b)4.4. Compliance emission testing for lead is required for an emissions unit with allowable emissions of one ton per year or more that is subject to an emission limitation under s. NR 427.03. NR 439.075(2)(c)(c) Except as provided under sub. (4), the owner or operator of a source identified in this paragraph that is subject to the requirements under 40 CFR part 60 shall perform compliance emission testing for the following air contaminants according to the testing schedules under sub. (3): NR 439.075(2)(c)1.1. Compliance emission testing for particulate matter is required for the following: NR 439.075(2)(c)1.d.d. Dryers at asphalt concrete plants subject to 40 CFR part 60 Subpart I with a rated capacity of 250 tons per hour or more at 5 percent moisture removal. NR 439.075(2)(c)2.2. Compliance emission testing for sulfur dioxide is required for fossil fuel fired steam generators subject to 40 CFR part 60 Subpart D or Da. NR 439.075(2)(c)3.3. Compliance emission testing for volatile organic compounds, including a determination of the overall control efficiency of any control device, is required for the following: NR 439.075(2)(c)4.4. Compliance emission testing for lead is required for grid casting, paste mixing, 3-process operation, lead oxide, lead reclamation, and other lead emitting sources at lead acid battery manufacturing plants subject to 40 CFR part 60 Subpart KK. NR 439.075(2)(c)5.5. Compliance emission testing for nitrogen oxides is required for fossil fuel fired steam generators subject to 40 CFR part 60 Subpart D or Da. NR 439.075(2)(c)6.6. Compliance emission testing for fluorides is required for the following: NR 439.075(2)(c)6.d.d. Mixers, curing belts or dens, reactors, granulators, dryers, cookers, screens, mills, and facilities that store run-of-pile material at triple superphosphate plants subject to 40 CFR part 60 Subpart W. NR 439.075(2)(c)6.e.e. Storage or curing piles, conveyors, elevators, screens, and mills at granular triple superphosphate storage facilities subject to 40 CFR part 60 Subpart X. 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 stationary source that has received an operation permit shall perform the compliance emission tests required under sub. (2) every 24 months as long as the permit is required. Each biennial test shall be performed no later than 90 calendar days after the anniversary date of the previous test or no later than 90 calendar days after an alternate date specified by statute, rule, permit condition, or by the department. NR 439.075(4)(4) Exceptions to compliance emission testing requirements. 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 stationary source associated with the emissions unit 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 under s. NR 439.07 for the stationary source demonstrate that the emissions of the air contaminant for which compliance emission testing is required under this section are 50 percent or less of the applicable emission limitation. NR 439.075(4)(a)1.c.c. The stationary source associated with the emissions unit 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 emissions unit equipped with a continuous emission monitor for the air contaminants requiring testing if the monitor meets the performance specification requirements under s. NR 439.09. NR 439.075(4)(a)3.3. No periodic compliance emission test is required under this section for any affected emissions unit 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 calendar days for compliance emission testing if the owner or operator of a stationary source requests an extension, in writing, and can demonstrate that a representative emissions test cannot be performed within the time frames specified under sub. (3) (b). The department may grant an extension greater than 180 calendar days for an emissions unit not operating. NR 439.075(4)(a)5.5. No periodic compliance emission testing for sulfur dioxide emissions is required under this section for any affected emissions unit that 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 calendar days prior to the required test date. NR 439.075(4)(c)(c) All requests for extensions under par. (a) 4. shall be submitted in writing for department review and approval prior to the required test date. NR 439.075(4)(d)(d) In evaluating waiver and extension requests, the department shall respond to the owner or operator within 14 calendar days of receipt of the request. NR 439.075 HistoryHistory: 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; CR 24-030: am. (2), (3) (b), r. (3) (c), am. (4) (a) 1. a. to c., 2. to 5., (b), cr. (4) (c), (d) Register June 2025 No. 834, eff. 7-1-25; correction in (2) (b) 1. to 3. made under s. 35.17, Stats., Register June 2025 No. 834.
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