Chapter NR 438
AIR CONTAMINANT EMISSIONS INVENTORY REPORTING REQUIREMENTS
NR 438.01 Applicability; purpose. NR 438.03 Required emissions inventories. NR 438.04 Content of emissions inventories. NR 438.01(1)(1) Applicability. This chapter applies to all air contaminant sources and to their owners and operators. NR 438.01(2)(2) Purpose. The purpose of this chapter is to establish, pursuant to ss. 285.11, 285.13, 285.17, and 299.15 (1) and (2), Stats., requirements for submission of emissions inventories for owners or operators of air contaminant sources. NR 438.01 HistoryHistory: Cr. Register, May, 1993, No. 449, eff. 6-1-93; CR 21-072: am. (2) Register July 2022 No. 799, eff. 8-1-22. NR 438.02NR 438.02 Definitions. The definitions contained in ch. NR 400 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter: NR 438.02(1a)(1a) “Condensable PM” means a material that is vapor phase at stack conditions but that condenses or reacts upon cooling and dilution in the ambient air to form solid or liquid PM immediately after discharge from the stack. NR 438.02 NoteNote: Condensable PM, if present from a source, is typically in the PM2.5 size fraction and, therefore, all of it is a component of both primary PM2.5 and primary PM10.
NR 438.02(1e)(1e) “Facility” means all stationary sources emitting air contaminants which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person, or persons under common control. Emissions resulting from loading, unloading or stockpiling materials to or from vessels or vehicles while at a facility shall be considered as part of the facility’s emissions. Air contaminant sources, other than transportation related activities, shall be considered as part of the same industrial grouping if they are classified under the same 2-digit major group as described in the Standard Industrial Classification Manual, 1987, incorporated by reference in s. NR 484.05 (1). NR 438.02(1g)(1g) “Filterable PM” means particles that have an aerodynamic diameter equal to or less than 100 micrometers that are directly emitted by a source as a solid or liquid at stack or release conditions and captured on the filter of a stack test train. NR 438.02(1i)(1i) “Filterable PM2.5” means particles that have an aerodynamic diameter equal to or less than 2.5 micrometers that are directly emitted by a source as a solid or liquid at stack or release conditions and captured on the filter of a stack test train. NR 438.02(1k)(1k) “Filterable PM10” means particles that have an aerodynamic diameter equal to or less than 10 micrometers that are directly emitted by a source as a solid or liquid at stack or release conditions and captured on the filter of a stack test train. NR 438.02(1m)(1m) “Primary PM” means the sum of filterable PM and condensable PM. NR 438.02(1o)(1o) “Primary PM2.5” means the sum of filterable PM2.5 and condensable PM. NR 438.02(1q)(1q) “Primary PM10” means the sum of filterable PM10 and condensable PM. NR 438.02(1s)(1s) “Process” means an activity occurring at a unit device that generates emissions, controls emissions, or discharges emissions. NR 438.02 NoteNote: Examples of processes include combustion, coating, controlling, crushing, or discharging.
NR 438.02(1u)(1u) “Process type code” means a brief descriptor of the process type. NR 438.02(2)(2) “Source classification code” means a process-level code that describes the equipment or operation that is emitting a pollutant. NR 438.02 NoteNote: Source classification codes are available as set forth by EPA’s Emissions Inventory System, which is an information system for storing all current and historical emissions inventory data.
NR 438.02(3)(3) “Unit device” means the physical equipment or equipment line where a process occurs. NR 438.02 NoteNote: Examples of unit devices include boilers, coating lines, baghouses, and stacks.
NR 438.02(4)(4) “Unit device type code” means a brief descriptor of the unit device type. NR 438.02 HistoryHistory: Cr. Register, May, 1993, No. 449, eff. 6-1-93; am. (1), (2), Register, February, 1995, No. 470, eff. 3-1-95; am. (2), Register, October, 1999, No. 526, eff. 11-1-99; CR 21-072: renum. (1) to (1e), cr. (1a), (1g), (1i), (1k), (1m), (1o), (1q), (1s), (1u), r. and recr. (2), cr. (3), (4) Register July 2022 No. 799, eff. 8-1-22. NR 438.03NR 438.03 Required emissions inventories. NR 438.03(1)(a)(a) Except as provided under par. (am), any person owning or operating a facility that emits an air contaminant in quantities above applicable reporting levels, except indirect sources of air pollution, shall annually submit to the department an emissions inventory of annual, actual emissions or, for primary particulate matter, primary PM10, primary PM2.5, sulfur dioxide, nitrogen oxides, carbon monoxide and volatile organic compounds, throughput information sufficient for the department to calculate its annual, actual emissions. The reportable air contaminants and applicable reporting levels are listed in Table 1 in this chapter. NR 438.03(1)(af)(af) The owner or operator of a facility shall annually submit to the department an emissions inventory for sulfur dioxide, nitrogen oxides, carbon monoxide, volatile organic compounds, primary PM10, primary PM2.5, ammonia, and lead and lead compounds, if the facility meets any of the following: NR 438.03(1)(af)3.3. The facility has the potential to emit equal to or greater than 100 tons per year of ammonia. NR 438.03(1)(af)4.4. The facility has actual emissions equal to or greater than 0.5 ton per year of lead. NR 438.03(1)(am)1.1. The owner or operator of a facility described by an SIC code listed in Table D of s. NR 445.11, or that has annual actual emissions of less than 5 tons of particulate matter and less than 3 tons of volatile organic compounds, may limit the information on hazardous air contaminants included in the annual emissions inventory to those contaminants identified under s. NR 445.11 (1) (a) or (b). NR 438.03(1)(am)2.2. Notwithstanding subd. 1., the owner or operator shall continue to report annual emissions of any air contaminant reported in prior calendar years for the facility, provided annual, actual emissions are greater than the reporting level in Table 1. NR 438.03(1)(am)3.3. The owner or operator of a facility may exclude emissions from any of the following emissions units, operations, or activities from the annual emissions inventory: NR 438.03(1)(am)3.a.a. 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 438.03(1)(am)3.h.h. Convenience space heating units with combined heat input capacity of less than 5 million Btu per hour that burn gaseous fuels or liquid fuels. NR 438.03(1)(am)4.4. The owner or operator of a facility with emissions exceeding the reporting thresholds in this section shall include all emission units, operations, or activities in the annual emissions inventory. The owner or operator of a facility may exclude emissions information required under s. NR 438.04 (3) (d) for 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 in the annual emissions inventory. NR 438.03(1)(b)(b) When preparing an emissions inventory, the owner or operator of a facility may rely on information in an approved safety data sheet. Trace contaminants need not be reported if they constitute less than 1 percent (10,000 parts per million) of the material, or 0.1 percent (1,000 parts per million) of the material if the air contaminant is listed with a control requirement under column (i) of Table A, B or C of s. NR 445.07, unless a hazardous air contaminant is formed in processing the material. NR 438.03(1)(c)(c) Notwithstanding par. (a), the department may require any facility to submit an emissions inventory of its annual, actual and maximum theoretical air contaminant emissions. NR 438.03(1)(d)(d) Any facility that generates or holds emission reduction credits shall report the credits separately to the annual emissions inventory. NR 438.03(2)(2) Reporting deadline. Emissions inventories required under this section shall be submitted by March 1 of each year for air contaminants emitted during the preceding year. Through March 1, persons may be granted a 2-week submittal extension ending on March 15, when requested by email, mail, or other manner prescribed, provided the extension is considered reasonable under the circumstances by the department. NR 438.03(3)(3) Portable sources. The owner or operator of a portable source shall file an emissions inventory covering all operations at all locations in the state during the previous year. NR 438.03(4)(4) Required records. An owner or operator of a facility required to file an emissions inventory shall keep accurate and reliable records sufficient to enable verification of the emissions inventory by the department. Records shall include data on fuel composition and consumption, composition and quantities of raw materials handled that contribute to emissions, composition and quantities of wastes incinerated, continuous emissions monitoring data and audits, and any results of stack or performance tests together with the names of persons or firms responsible for each test, if applicable. Records shall be retained for 5 years following the year in which the emissions inventory is submitted. NR 438.03(5)(a)(a) Based on the throughput or emissions information submitted under this section and s. NR 438.04, the department shall determine each facility’s annual actual emissions and typical ozone season day emissions based on emission factors contained in Compilation of Air Pollutant Emission Factors, AP-42, Volume 1: Stationary Point and Area Sources, USEPA-OAQPS, as incorporated by reference under s. NR 484.05 (8), or in the EPA’s online database of emissions factors for criteria and hazardous air pollutants. Other emission factors or methods, including mass balance or other use reporting, consumption and analytical methodologies, or continuous emissions monitoring data, if applicable, may be used by the department. NR 438.03 NoteNote: The EPA’s WebFIRE database of emissions factors for criteria and hazardous air pollutants is available at https://cfpub.epa.gov/webfire/. NR 438.03(5)(b)(b) The actual annual emissions determined by the department under par. (a) shall constitute the department’s annual emissions inventory. NR 438.03(5)(c)(c) By May 31 of each year, the department shall send each owner or operator of a facility that is required to file an emissions inventory a notification that an emissions inventory summary report of the air contaminants emitted by the facility for the previous year has been created by the department. The owner or operator of a facility required to obtain an air pollution control permit under s. 285.60, Stats., and ch. NR 405, 406, 407, or 408, or that emits volatile organic compounds or nitrogen oxides in an ozone nonattainment area, shall, by June 30 of each year, send a written certification to the department that its emissions inventory summary report is correct. The certification shall contain the name, title, signature, and telephone number of the responsible official, the date of certification, and a statement that the information contained in the emissions inventory summary report is accurate to the best knowledge of the owner or operator of that facility. NR 438.03(6)(6) Disputed emissions. Any facility that disputes the emissions inventory summary report created by the department under sub. (5) (c) may request, in writing, that the department review its emissions inventory summary report. The department shall review and supply to the facility, within 14 calendar days of receipt of the facility’s written request, information used to prepare the emissions inventory summary report for that facility. If the facility continues to dispute the emissions inventory summary report, it shall supply to the department, within 14 calendar days of receipt of the department’s information, the reasons it disputes the report. The facility shall be notified within 7 calendar days of receipt of this information of the department’s decision on whether to adjust the emissions inventory and recreate the emissions inventory summary report. If the facility continues to dispute the emissions inventory summary report, it may appeal the department’s final decision pursuant to state law. The responsible official for the facility shall certify any emissions not in dispute by June 30 of each year. NR 438.03 HistoryHistory: Cr. Register, May, 1993, No. 449, eff. 6-1-93; am. (1) (b), (5) (a), Register, February, 1995, No. 470, eff. 3-1-95; am. (1) (b), Table 1, Register, December, 1995, No. 480, eff. 1-1-96; am. (5) (a), Register, December, 1996, No. 492, eff. 1-1-97; am. Table 1 and (5) (a), Register, October, 1999, No. 526, eff. 11-1-99; CR 02-097: am. (1) (a) and (b), cr. (1) (am) and Table 2 Register June 2004 No. 582, eff. 7-1-04: CR 05-055: renum. (1) (a) (intro.) to be (a) and am., r. (1) (a) 1., 2. and Table 1, am. (1) (am), renum. Table 2 to be Table 1 and am. Register December 2005 No. 600, eff. 1-1-06; CR 09-088: am. Table 1 Register May 2010 No. 653, eff. 6-1-10; CR 21-072: am. (title), (1) (a), cr. (1) (af), am. (1) (am) 1., cr. (1) (am) 3., 4., am. (1) (b), renum. Table 1 to NR 438.04, am. (1) (c), (d), (2) to (6) Register July 2022 No. 799, eff. 8-1-22; correction in (1) (af) 2., (am) 3., (4), (5) (c) made under s. 35.17, Stats., Register July 2022 No. 799. NR 438.04NR 438.04 Content of emissions inventories. NR 438.04(1)(1) General instructions. Emissions inventories required under this chapter shall be submitted in the manner prescribed by the department. Emissions inventories submitted by facilities shall contain the information specified under s. NR 438.03 (1) and (3) and this section. Emissions shall be reported separately for each process or group of similar processes at each facility. NR 438.04(2)(2) Facility identification and general information. For all facilities the emissions inventories shall include:
