Chapter NR 439

NR 439.04(6) (6) 

NR 439.04(6)(a) (a) If an owner or operator of a solvent cleaning operation employs a thermal incinerator or catalytic incinerator to achieve and maintain compliance as allowed in any section in ch. NR 422 or in s. NR 423.037, the owner or operator shall comply with 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.

NR 439.04(6)(a)2. 2. The following information shall be collected and recorded each day of operation of the solvent cleaning operation and the control device, and the information shall be maintained at the facility for a period of 5 years:

NR 439.04(6)(a)2.a. a. A log or record of the operating time for the control device, monitoring equipment, and the associated solvent cleaning operation.

NR 439.04(6)(a)2.b. b. For thermal incinerators, all 3-hour periods of operation during which the average combustion temperature was more than 50 degrees Fahrenheit below the average combustion temperature during the most recent emission test that demonstrated that the solvent cleaning operation was in compliance.

NR 439.04(6)(a)2.c. c. For catalytic incinerators, all 3-hour periods of operation during which the average temperature of the dryer exhaust gases immediately before the catalyst bed was more than 50 degrees Fahrenheit below the average temperature of the dryer exhaust gases during the most recent emission test that demonstrated that the solvent cleaning operation was in compliance, and all 3-hour periods during which the average temperature difference across the catalyst bed was less than 80% of the average temperature difference during the most recent emission test that demonstrated that the solvent cleaning operation was in compliance.

NR 439.04(6)(b) (b) If an owner or operator of a solvent cleaning operation employs a carbon adsorption system to achieve and maintain compliance as allowed in any section in ch. NR 422 or in s. NR 423.037, the owner or operator shall comply with 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. The following information shall be collected and recorded each day of operation of the solvent cleaning operation and the carbon adsorption system, and the information shall be maintained at the facility for a period of 5 years:

NR 439.04(6)(b)2.a. a. A log or record of 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 employs a continuous emission monitoring and recording system to measure and record the concentration of organic compounds in the exhaust gases, all 3-hour periods of operation during which the average concentration level or reading in the exhaust gases is more than 20% greater than the exhaust gas organic compound concentration level or reading measured by the most recent performance test that demonstrated that the solvent cleaning operation was in compliance.

NR 439.04(6)(b)2.c. c. For a carbon adsorption system that employs monitoring and recording equipment to measure and record the total mass steam flow rate for each regeneration cycle of each carbon bed, all carbon bed regeneration cycles during which the total mass steam flow rate was more than 10% below the total mass steam flow rate during the most recent performance test that demonstrated that the solvent cleaning operation was in compliance.

NR 439.04(6)(b)2.d. d. For a carbon adsorption system that employs monitoring and recording equipment to measure and record the temperature of each carbon bed after each regeneration and cooling cycle, all carbon bed regeneration cycles during which the temperature of the carbon bed after the regeneration and cooling cycle was more than 10% greater than the carbon bed temperature during the most recent performance test that demonstrated that the solvent cleaning operation was in compliance.

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.

NR 439.05 NR 439.05 Access to records; inspections.

NR 439.05(1) (1) No person may deny information or access to records relating to emissions or any other 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 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.

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(1) (1) The department may require the owner or operator of a source to install and operate instrumentation to monitor the operation of the source or of air pollution control equipment. Unless otherwise specified by the department, for the following types of air pollution control equipment, the indicated operational variables shall, at a minimum, be monitored:

NR 439.055(1)(a) (a) Baghouses — pressure drop across the baghouse in inches of water.

NR 439.055(1)(b) (b) Mechanical collectors — pressure drop across the collector in inches of water.

NR 439.055(1)(c) (c) Electrostatic precipitators — primary and secondary voltage in volts, primary and secondary current in amps, and sparking rate in sparks per minute.

NR 439.055(1)(d) (d) Incinerators — temperature in the primary chamber and the afterburner in degrees Fahrenheit or Celsius (centigrade).

NR 439.055(1)(e) (e) Wet scrubbers for control of particulates — pressure drop across the scrubber and demister in inches of water and scrubber liquor flow in gallons per minute.

NR 439.055(1)(f) (f) Absorption equipment for control of gases — pressure drop across the absorber and demister in inches of water, and pH of the absorbing fluid, if appropriate.

NR 439.055(1)(g) (g) Adsorption equipment — pressure drop across the adsorber and prefilter in inches of water, and temperature within the adsorber in degrees Fahrenheit or Celsius (centigrade).

NR 439.055(2) (2) When the department requires instrumentation to monitor the operation of a source or of air pollution control equipment, the following monitoring and recording frequencies shall, at minimum, be used:

NR 439.055(2)(a) (a) Temperature in the primary chamber and afterburner of an incinerator shall be monitored and recorded every 15 minutes.

NR 439.055(2)(b) (b) The following operational variables shall be measured and recorded once for every 8 hours of source operation or once per day, whichever yields the greater number of measurements:

NR 439.055(2)(b)1. 1. Pressure drop across baghouses, mechanical collectors, wet scrubbers, absorption equipment or adsorption equipment.

NR 439.055(2)(b)2. 2. Current and secondary current in electrostatic precipitators.

NR 439.055(2)(b)3. 3. Voltage in electrostatic precipitators.

NR 439.055(2)(b)4. 4. The sparking rate from electrostatic precipitators.

NR 439.055(2)(b)5. 5. Flow of liquor in wet scrubbers used for particulate control.

NR 439.055(2)(b)6. 6. pH of absorption scrubbing fluid.

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% 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% of the pressure drop being measured or within ±1 inch of water column, whichever is greater.

NR 439.055(3)(c) (c) The current, voltage, flow or pH monitoring device shall be accurate to within 5% 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 yearly or at a frequency based on good engineering practice as established by operational history, whichever is more frequent.

NR 439.055(5) (5) The department may require, in an operation permit or order, the measurement of a greater number of source or air pollution control operational variables, more frequent monitoring of operational variables, more accurate measurement of operational variables or more frequent calibration of monitoring equipment than those required under subs. (1) to (4) 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 are met.

NR 439.055(6) (6) For any air pollution control equipment or monitoring instrumentation not specifically identified in subs. (1) and (2), the department may require, in an operation permit or order, and after consultation with the owner or operator of the facility, monitoring of air pollution control equipment operational variables and may specify the frequency of the monitoring and the type of monitoring instrumentation.

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.

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 in this section and in 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 which are specified and approved by the department for collection, analysis, processing and reporting of compliance monitoring data. Notwithstanding the compliance determination methods which the owner or operator of a source is authorized to use under this chapter, the department may use any relevant information or appropriate method to determine a source’s compliance with applicable emission limitations.

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

NR 439.06(1m) (1m) Nonfugitive PM10 particulate emissions. The owner or operator of a source shall use Method 201 or 201A in 40 CFR part 51, Appendix M, incorporated by reference in s. NR 484.04 (9), to determine compliance with a nonfugitive PM10 particulate 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)(a) (a) Perform compliance emission testing following Method 6, 6A, 6B, 6C, or 8 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13).

NR 439.06(2)(b) (b) Install, calibrate, maintain and operate a continuous emission monitor that meets the applicable performance specifications in 40 CFR part 60, Appendix B or, for affected units, the performance specifications in 40 CFR part 75, Appendices A to I, incorporated by reference in s. NR 484.04 (21) and (27). The owner or operator 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, or 25B in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13), 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)(c) (c) Method 21 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13), shall be used to detect organic compound emission leaks except as provided in par. (i) 2. or 3.

NR 439.06 Note Note: Section 439.06 (3) (i) was repealed by CR 15-077

NR 439.06(3)(d) (d) Method 27 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13), shall be used to verify the vapor tightness of gasoline delivery tanks.

NR 439.06(3)(e) (e) An equation established under s. NR 425.05 (1) (b) 2. or contained in s. NR 425.05 (2) (b) 2. shall be used to determine compliance with an internal offset.

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)(a) (a) Method 10, 10A, or 10B in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13).

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, Appendix B, incorporated by reference in s. NR 484.04 (21), and follow quality control and quality assurance procedures for the monitor which 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 in 40 CFR part 60, Appendix A, incorporated by reference in 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, or 7E in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13).

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, Appendix B, or, for affected sources, the performance specifications in 40 CFR part 75, Appendices A to I, incorporated by reference in s. NR 484.04 (21) and (27). The owner or operator of the source shall submit and follow the quality control and quality assurance plan for the monitor which 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)(a) (a) Method 15A, 16, 16A, or 16B in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13).

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, Appendix B, incorporated by reference in s. NR 484.04 (21), and follow quality control and quality assurance procedures for the monitor which 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)1. 1. Method 9 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13).

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, Appendix B or 40 CFR part 75, Appendices A to I, incorporated by reference in s. NR 484.04 (21) and (27), and follow a quality control and quality assurance plan for the monitor which 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 History History: 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.

NR 439.07 NR 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 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 in s. NR 484.04 (13), (23), and (25), or according to other test methods approved in writing by the department. The owner, operator or contractor responsible for emission testing shall follow the procedures in this section. Unless the department requires or approves the performance of a test at less than capacity, all compliance emission tests shall be performed with the equipment operating at capacity or as close to capacity as practicable.

NR 439.07(2) (2) Emission test notification and test plan submittal. The department shall be notified in writing at least 20 business 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 which includes, but need not be limited to, the following:

NR 439.07(2)(a) (a) A description of the sampling equipment and the test methods and procedures to be used.