Chapter NR 439

NR 439.098 Note Note: For example, boiler optimization can mean that the burners are balanced.

NR 439.098 History History: Cr. Register, November, 1999, No. 527, eff. 12-1-99; correction in (1) (c) made under s. 13.93 (2m) (b) 7., Stats., Register August 2001 No. 548; CR 24-030: am. (1) (intro), (a), (b), (2) (intro.) Register June 2025 No. 834, eff. 7-1-25.

NR 439.10 NR 439.10 Circumvention. No person may cause, allow or permit the installation or use of any article, machine, equipment, process or method which conceals an emission which would otherwise constitute a violation of an applicable rule. Concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance and the unnecessary separation of an operation into parts to avoid coverage by a rule that applies only to operations larger than a specified size.

NR 439.10 History History: Renum. from NR 154.06 (8), Register, September, 1986, No. 369, eff.10-1-86; renum. from NR 439.08 and am. Register, September, 1987, No. 381, eff. 10-1-87; CR 02-146: am. Register October 2003 No. 574, eff. 11-1-03.

NR 439.11 NR 439.11 Malfunction prevention and abatement plans.

NR 439.11(1) (1) Malfunction prevention and abatement plan applicability. A malfunction prevention and abatement plan is a plan to prevent, detect, and correct malfunctions or equipment failures that may cause any applicable emission limitation to be violated or may cause air pollution. The owner or operator of an air contaminant source that is required to have an air pollution control permit shall prepare and follow a malfunction prevention and abatement plan for each emissions unit, operation, or activity that meets any of the following criteria:

NR 439.11(1)(a) (a) Has the potential to emit hazardous air pollutants listed under section 112 (b) of the Act (42 USC 7412) or hazardous air contaminants under ch. NR 445 for which emission limits have been established by an air pollution control permit.

NR 439.11(1)(b) (b) Emits more than 15 pounds in any day or 3 pounds in any hour of any air contaminant for which emission limits have been established by an air pollution control permit.

NR 439.11(1g) (1g) Malfunction prevention and abatement plan exclusions. The owner or operator of a facility may exclude any of the following emissions units, operations, or activities from the malfunction prevention and abatement plan:

NR 439.11(1g)(a) (a) Any emissions unit, operation, or activity that meets the criteria under s. NR 407.05 (4) (c) 9. a. If the department determines that an emission unit, operation, or activity does not meet the criteria under s. NR 407.05 (4) (c) 9. a., the owner or operator shall include the emissions unit, operation, or activity in the plan.

NR 439.11(1g)(b) (b) Maintenance of grounds, equipment, and buildings, including lawn care, pest control, grinding, cutting, welding, painting, woodworking, general repairs, and cleaning, but not including use of organic compounds as clean-up solvents.

NR 439.11(1g)(c) (c) Internal combustion engines used for warehousing and material transport, forklifts and courier vehicles, front end loaders, graders and trucks, carts, and maintenance trucks.

NR 439.11(1g)(d) (d) Janitorial activities.

NR 439.11(1g)(e) (e) Office activities.

NR 439.11(1g)(f) (f) Convenience water heating.

NR 439.11(1g)(g) (g) Convenience space heating units with heat input capacity of less than 5 million Btu per hour that burn gaseous fuels, liquid fuels, or wood.

NR 439.11(1g)(h) (h) Fuel oil storage tanks with a capacity of 10,000 gallons or less.

NR 439.11(1g)(i) (i) Stockpiled contaminated soils.

NR 439.11(1g)(j) (j) Demineralization and oxygen scavenging of water for boilers.

NR 439.11(1g)(k) (k) Purging of natural gas lines.

NR 439.11(1r) (1r) Plan content. The plan shall be in writing and may reference other materials or instructions to meet the plan content requirements. The plan shall include all of the following for each emissions unit, operation, or activity identified under sub. (1):

NR 439.11(1r)(a) (a) The maximum intervals for inspection, routine maintenance, and calibration, replacement, or validation of the source, air pollution control equipment, and monitoring equipment.

NR 439.11(1r)(b) (b) The maximum interval for inspection, routine maintenance, and calibration, replacement, or validation may not exceed that recommended by the manufacturer unless otherwise specified in a plan prepared under this section. In the event that there is not a maximum interval recommended by the manufacturer, the time between inspection, routine maintenance and calibration, replacement, or validation may not exceed one year.

NR 439.11(1r)(c) (c) A description of the items or conditions that will be checked during inspection, routine maintenance, and calibration, replacement, or validation.

NR 439.11(1r)(d) (d) A description of the corrective actions that will be taken in the event of a malfunction or failure that results in the exceedance of the applicable emission limitation. These corrective actions shall achieve and maintain compliance with the applicable emission limitations as expeditiously as possible and may not take longer than the time necessary to discontinue operation of the source consistent with safe operating procedures and practices for minimizing emissions.

NR 439.11(1r)(e) (e) A description of the activities for routine maintenance, inspection and calibration, replacement, or validation of instrumentation installed and operated to monitor the operation of air pollution control equipment as required under s. NR 439.055 (1m).

NR 439.11(1r)(f) (f) Other pertinent information to prevent, detect, and correct malfunctions or equipment failures.

NR 439.11(2) (2) Plan submittal. The department may require any owner or operator of an air contaminant source to submit the plan required under sub. (1) for review and approval. The department may require a source to amend the plan if deemed necessary for malfunction prevention or the reduction of excess emissions during malfunctions.

NR 439.11(3) (3) Plan implementation.

NR 439.11(3)(a) (a) No owner or operator may fail to carry out a plan required under this section.

NR 439.11(3)(b) (b) The owner or operator shall keep records necessary to demonstrate that the plan required under sub. (1) is implemented.

NR 439.11(4) (4) Records. The owner or operator shall maintain all of the following:

NR 439.11(4)(a) (a) A copy of the current plan.

NR 439.11(4)(b) (b) Copies of any previous versions of the plan, which shall be retained for 5 years.

NR 439.11(4)(c) (c) Copies of any materials and instructions referenced within the plan for the life of the emission unit, operation, or activity.

NR 439.11(4)(d) (d) Copies of all records required under this section, which shall be retained for a period of 5 years or for another period as may be specified by the department, whichever time is greatest.

NR 439.11(5) (5) Plan review and updates. The owner or operator shall review the plan required under sub. (1) at least every 5 years and shall update the plan within 60 calendar days when any of the following occur:

NR 439.11(5)(a) (a) Changes to operating procedures to prevent, detect, and correct malfunctions or equipment failures.

NR 439.11(5)(b) (b) Changes to air pollution control equipment.

NR 439.11(5)(c) (c) Changes to monitoring equipment.

NR 439.11(5)(d) (d) Operation of new equipment not meeting exclusions in sub. (1g) is commenced.

NR 439.11 History History: Renum. from NR 154.06 (9) and am. Register, September, 1986, No. 369, eff. 10-1-86; renum. from NR 439.09 and am. Register, September, 1987, No. 381, eff. 10-1-87; am. (1) (g), Register, May, 1992, No. 437, eff. 6-1-92; am. (1) (intro.) and (b), r. and recr. (1) (e) to (g), Register, December, 1993, No. 456, eff. 1-1-94; CR 24-030: r. and recr. Register June 2025 No. 834, eff. 7-1-25; correction in (5) (a) made under s. 35.17, Stats., Register June 2025 No. 834.