NR 439.09(10)(b)3.3. For nitrogen oxides, any 24-hour rolling average during which the average nitrogen oxides emissions exceed the applicable emission limitation.

NR 439.09(10)(b)4.4. For carbon monoxide, any one-hour period during which the average carbon monoxide emissions exceed the applicable emission limitation.

NR 439.09(10)(b)5.5. For total reduced sulfur, any 24-hour rolling average during which the average total reduced sulfur emissions exceed the applicable emission limitation.

NR 439.09(10)(c)(c) For purposes of reporting exceedances on the basis of a 24-hour rolling average under this subsection, any hourly average may be included in only one 24-hour period. An exceedance shall be based on at least 18 and not more than 24 valid recordings of hourly average emission rates in any 24 hour period.

NR 439.09(10)(d)(d) The summary excess emission report shall be submitted on a form provided by the department or in a format approved by the department.

NR 439.09 HistoryHistory: Renum. from NR 439.07 (3) and am., cr. (8) (intro.), Register, May, 1992, No. 437, eff. 6-1-92; r. and recr. (6) to (8), cr. (9) and (10), Register, December, 1993, No. 456, eff. 1-1-94; cr. (7m), am. (9) (b), Register, June, 1994, No. 462, eff. 7-1-94; am. (1) to (7), Register, February, 1995, No. 470, eff. 3-1-95; am. (2), (3), Register, April, 1995, No. 472, eff. 5-1-95; CR 02-146: am. (intro.) Register October 2003 No. 574, eff. 11-1-03.

NR 439.095(1)(1) Applicability and general requirements. Except as provided in sub. (2), the owner or operator of a direct stationary source listed in this subsection shall install, calibrate, operate and maintain all monitoring equipment necessary for continuously monitoring the pollutants specified in this subsection for the applicable source. The type of monitoring equipment used and the manner and location of its installation are subject to prior department approval. The sources and their respective monitoring requirements are as follows:

NR 439.095(1)(a)(a) Fossil fuel fired steam generating units identified in sub. (5) shall be monitored for opacity, nitrogen oxide emissions, sulfur dioxide emissions, and oxygen or carbon dioxide.

NR 439.095(1)(b)(b) Fluid bed catalytic cracking unit catalyst regenerators identified in sub. (5) shall be monitored for opacity.

NR 439.095(1)(f)(f) Phase I and phase II acid rain units identified in sub. (5) shall be monitored for sulfur dioxide, nitrogen oxides, carbon dioxide, stack flow rate and opacity.

NR 439.095(1)(g)(g) Direct stationary sources, required under an enforcement agreement or which have elected to use continuous emission monitoring to determine compliance with applicable rules, shall monitor for the parameters and pollutants for which they have installed the monitoring device. Those parameters may include stack flow rate, opacity, or emissions of nitrogen oxides, sulfur dioxide, total reduced sulfur, carbon dioxide, VOCs and hazardous air contaminants.

NR 439.095(2)(2) Exemptions. The department may grant an exemption from any monitoring requirement of this section for any source which is subject to a continuous emission monitoring requirement under a new source performance standard in ch. NR 440.

NR 439.095(3)(3) Installation deadlines. The owner or operator of a source which is required under sub. (1) to install continuous monitoring equipment shall complete the installation and performance tests of the equipment and begin monitoring and recording not later than April 1, 1989, except as provided in pars. (a) and (b). The department may grant requests for extensions of the time provided for installation of monitors for facilities unable to meet the prescribed time frame if the owner or operator of the facility demonstrates that good faith efforts have been made to obtain and install the devices within the prescribed time frame.

NR 439.095(3)(b)(b) For boilers connected to a single stack which have individual coal burning rates of less than 25,000 tons per year but which have a combined coal burning rate of 25,000 tons or more per year, monitoring and recording shall begin not later than January 1, 1993.

NR 439.095(4)(4) Monitoring system malfunction. The department may grant a temporary exemption from the monitoring and reporting requirements of this section during any period of monitoring system malfunction if the source owner or operator shows, to the satisfaction of the department, that the malfunction was unavoidable and is being repaired as expeditiously as practicable.

NR 439.095(5)(5) Minimum monitoring requirement. The owner or operator of a source listed in this subsection shall, as a minimum, meet the monitoring requirements of this subsection and sub. (1).

NR 439.095(5)(a)(a) Fossil fuel fired steam generating units. Except as provided for under par. (f) or (g), the owner or operator of a fossil fuel fired steam generating unit subject to sub. (1) shall comply with the monitoring requirements of this paragraph:

NR 439.095(5)(a)1.1. Opacity. The owner or operator of any steam generating unit which has a total heat input capacity equal to or greater than 250 million Btu per hour shall install, calibrate, maintain and operate a continuous monitoring system which meets the performance specifications of sub. (6) for the measurement of opacity from each stack serving a coal fired boiler or boilers with a maximum combined coal burning rate equal to or greater than 25,000 tons per year, unless the source utilizes an alternative method of compliance determination approved, in writing, by the department.

NR 439.095(5)(a)2.2. Sulfur dioxide. The owner or operator of any steam generating unit shall install, calibrate, maintain and operate a continuous monitoring system which meets the performance specifications of sub. (6) for the measurement of sulfur dioxide if one of the following applies:

NR 439.095(5)(a)2.a.a. The facility total heat input capacity is equal to or greater than 250 million Btu per hour and the facility has a control system which reduces sulfur dioxide emissions by more than 5% of the uncontrolled sulfur dioxide emission rate.

NR 439.095(5)(a)2.b.b. The maximum coal burning rate of all boilers at the facility which emit to a stack without a sulfur dioxide control system is equal to or greater than 100,000 tons of coal per year, unless the source utilizes an alternative method of compliance determination approved, in writing, by the department which meets the requirements of s. NR 439.085.

NR 439.095(5)(a)3.3. Nitrogen oxides. The owner or operator of a fossil fuel fired steam generating unit with a capacity greater than 1000 million Btu per hour heat input which is located in a nonattainment area for nitrogen oxides shall install, calibrate, maintain and operate a continuous monitoring system for the measurement of the source’s nitrogen oxides emissions which meets the performance specifications of sub. (6), unless the source’s owner or operator demonstrates by a compliance emission test that the source emits nitrogen oxides at levels 30% or more below the applicable emission limit.

NR 439.095(5)(a)4.4. Oxygen or carbon dioxide. The owner or operator of a fossil fuel fired steam generating unit where measurement of oxygen or carbon dioxide in the flue gas is required to convert either sulfur dioxide or nitrogen oxides continuous emission monitoring data, or both, to units of the applicable emission limitation shall install, calibrate, operate and maintain a continuous monitoring system for the measurement of percent oxygen or carbon dioxide which meets the performance specifications of sub. (6).

NR 439.095(5)(b)(b) Nitric acid plants. The owner or operator of a nitric acid plant of greater than 300 tons per day production capacity, expressed as 100% acid, which is located in a nonattainment area for nitrogen oxides shall install, calibrate, maintain and operate a continuous monitoring system for the measurement of nitrogen oxides which meets the performance specifications of sub. (6) for each nitric acid producing unit within the plant.