Form 1100-001 NATURAL RESOURCES BOARD AGENDA ITEM Item No. ___3.A.4________ 

(R 9/07) 

SUBJECT:

Request adoption of Board Order AM-23-08, proposed rules affecting chs. NR 421 and 439, Wis. Adm. Code, pertaining 

to establishing VOC emission control requirements for synthetic organic chemical manufacturing industry facilities 

classified as major VOC sources in Wisconsin’s ozone nonattainment areas. 

FOR: MARCH, 2009 BOARD MEETING

TO BE PRESENTED BY: Larry Bruss, Chief, Regional Pollutants and Mobile Sources Section 

SUMMARY:

EPA has notified Wisconsin that there are deficiencies in Wisconsin's rules to implement reasonably available control 

technology (RACT) emission limits for sources of volatile organic compounds (VOC). Wisconsin has not yet promulgated 

RACT rules to limit emissions from several source categories, including air oxidation, distillation and reactor operations at 

synthetic organic chemical manufacturing industry (SOCMI) facilities. The EPA further notified DNR that federal sanctions 

may be imposed in Wisconsin if the ozone State Implementation Plan (SIP) deficiencies are not fully rectified by midSeptember, 2009. 

In order to avoid sanctions, the Department is taking steps to remove these deficiencies from its ozone SIP. These steps 

include a proposed rule (s. NR 421.07, Wis. Adm. Code) to establish VOC RACT requirements for air oxidation, 

distillation and reactor operations at SOCMI facilities in Wisconsin’s ozone nonattainment areas. Additionally, the 

Department proposes a minor modification to s. NR 439.075(2)(c)3.j., Wis. Adm. Code, to include the reactor VOC 

category to the other SOCMI source categories for determining control device control efficiencies as part of assessing 

rule compliance. 

The proposed rules will reduce VOC emissions in Wisconsin’s ozone nonattainment areas, which will help Wisconsin to 

attain the ozone ambient air quality standard. The rule will also help the Department’s ozone SIP meet the requirements 

of the federal Clean Air Act. 

This proposed rule adheres to EPA guidance on developing SOCMI VOC RACT limitations. There were no public 

comments received and no controversy is expected. The Board’s last action on AM-23-08 (at its December 2008 meeting) 

was to authorize a public hearing. 

RECOMMENDATION: That the Board adopt Order AM-23-08.

LIST OF ATTACHED MATERIALS:

No Fiscal Estimate Required Yes Attached 

No Environmental Assessment or Impact Statement Required Yes Attached 

No Background Memo Yes Attached 

APPROVED: 

_____John H. Melby Jr_________________________________________________________ _____3/4/2009_________________ 

Bureau Director, John H. Melby, Jr Date 

_____Al Shea________________________________________________________________ _____3/4/2009_________________ 

Administrator, Al Shea Date 

_____Matthew J Frank_________________________________________________________ _____3/9/2009_________________ 

Secretary, Matthew J. Frank Date

cc: Laurie Ross - AD/8 Bill Adamski - AM/7 Department Rules Coordinator – LS/8 

 R. Eckdale - AM/7 Tom Steidl- LS/8 
State of Wisconsin CORRESPONDENCE/MEMORANDUM

DATE: March 4, 2009 FILE REF: 4503 

TO: Natural Resources Board Members 

FROM: Matthew J. Frank, Secretary 

SUBJECT: Background memo on the request to adopt Order AM-23-08, proposed rules affecting chs. 

421 and 439, Wis. Adm. Code, pertaining to establishing volatile organic compounds (VOC) emission 

control requirements for synthetic organic chemical manufacturing industry facilities that are major 

sources in Wisconsin’s ozone nonattainment areas 

1. Why is this rule being proposed? 

Section 182(b)(2) of the federal Clean Air Act [42USC7511a(b)(2)] requires implementation of 

reasonably available control technology (RACT) for major VOC emission source categories in areas 

classified as moderate or worse for nonattainment of the ozone national ambient air quality standard 

(NAAQS). The U.S. Environmental Protection Agency (EPA) has published Control Techniques 

Guidelines (CTGs) for many of these VOC RACT categories, including reactor, distillation and air 

oxidation processes at synthetic organic chemical manufacturing industry (SOCMI) facilities. The DNR 

has promulgated rules to establish VOC RACT emission limits for most of these CTG VOC source 

categories – applicable in Wisconsin’s moderate and worse ozone nonattainment areas. 

However, on March 17, 2008, EPA notified DNR that Wisconsin’s state implementation plan (SIP) was 

deficient because DNR had not yet promulgated VOC RACT emission limits that are consistent with 

several EPA CTGs in Wisconsin’s ozone nonattainment areas. The SOCMI air oxidation, distillation and 

reactor operations comprise three of these CTG VOC source categories for which the DNR has yet to 

promulgate mandated RACT rules. 

The EPA further notified the DNR that federal sanctions may be imposed in Wisconsin if the ozone SIP 

deficiencies identified in the March 17, 2008 letter are not fully rectified by mid-September, 2009. These 

potential federal sanctions include withholding of federal highway funds, and implementation of a federal 

air quality management plan in place of State rules. 

In order to avoid these sanctions, the DNR is taking steps to remove these deficiencies from its ozone 

SIP. These steps include a proposed rule to establish VOC RACT requirements for air oxidation, 

distillation and reactor operations at applicable SOCMI facilities in Wisconsin’s ozone nonattainment 

areas. 

2. Summary of the proposed rule 

The synthetic organic chemical manufacturing industry (SOCMI) refers to those facilities which produce 

man-made organic compounds that are created through industrial synthesis. Byproducts of these 

processes include VOC emissions that can be released to ambient air as precursors to ozone formation. 

The proposed rule would require VOC RACT measures (recommended in EPA guidance) to effectively 

reduce VOC emissions from any applicable SOCMI facility’s air oxidation or distillation and reactor 

operations in Wisconsin’s ozone nonattainment areas. These control measures largely involve the 

destruction of VOC emissions by combustion devices such as boilers, incinerators or flares. 
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The US EPA has detailed the regulatory criteria that must be followed in developing, promulgating and 

enforcing VOC RACT rules for SOCMI facilities that have air oxidation, distillation or reactor operations 

in ozone nonattainment areas. These requirements are contained in the following two US EPA Control 

Technique Guideline (CTG) documents: 

- “Control of Volatile Organic Compounds from Air Oxidation Processes in Synthetic Organic Chemical 

Manufacturing Industry” (EPA-450/3-84-015), Dec. 1984. 

- “Control of Volatile Organic Compounds from Reactor Processes and Distillation Processes in the 

Synthetic Organic Chemical Manufacturing Industry” (EPA-450/3-91-031), Aug., 1993. 

More recently, the US EPA has updated the New Source Performance Standards (NSPS), including VOC 

emission controls for SOCMI air oxidation, distillation and reactor operations. The Department recently 

adopted these NSPS requirements into ss. NR 440.675, 440.686 and 440.705, Wis. Adm. Code, 

respectively. 

Many of the VOC RACT requirements for SOCMI facilities that are contained in the above-listed CTG 

documents are the same as those requirements listed in the NSPS for SOCMI operations. These similar 

requirements include control requirements, recommended control and recovery devices, monitoring and 

test methods, reporting and record keeping, equations to calculate emission rates and heating values, as 

well as many of the exemptions. 

The CTGs and NSPS have essentially the same requirements for VOC controls for SOCMI facilities. 

Consequently, the Department has drafted its proposed VOC RACT rule (s. NR 421.07, Wis. Adm. Code) 

to reference appropriate portions of the promulgated NSPS SOCMI requirements (i.e., ss. NR 440.675, 

440.686 and 440.705, Wis. Adm. Code). 

3. How this proposal affects existing policy

The proposed rule is necessary for DNR to meet the requirements under Section 182(b)(2) of the federal 

Clean Air Act. The proposed rule is consistent with existing policy, which is to adopt and enforce all 

requirements applicable to Wisconsin under the federal Clean Air Act. 

4. Hearing Synopsis 

A public hearing was held on AM-23-08 at the DNR Southeast Regional Headquarters in Milwaukee on 

January 28, 2009. There were no appearances at the hearing. There was also a 30 day public comment 

period on the proposed rule revisions. There were no public comments received on Order AM-23-08. 

The Legislative Council Rules Clearinghouse (LCRC) submitted a report on Order AM-23-08 

(Clearinghouse Rule 08-114) on January 26, 2009. The LCRC had a few minor comments on the Order 

regarding citing statutes, consistency in phrasing and labeling paragraphs. The Order was revised to 

reflect these minor comments. 

5. Environmental review for potential impact 

An environmental analysis of the impact of the proposed rule revisions is not needed because these 

changes are considered to be a Type III action under s. NR 150.03(3), Wis. Adm. Code. A Type III 
3

action is one that normally does not 1) have the potential to cause significant environmental effects, 2) 

significantly affect energy usage and 3) involve unresolved conflicts in the use of available resources. 

6. Final regulatory flexibility analysis

The DNR does not believe that the proposed rule will have a significant economic impact on a substantial 

number of small businesses. Due to the 100 ton/year applicability threshold in the rule, it is highly 

unlikely that a small business, as defined under 227.114(1), Stats., would have a SOCMI operation that 

triggers the emission reduction requirements in the rule. 
1 

ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD 

AMENDING AND CREATING RULES 

The Wisconsin Natural Resources Board adopts an order to amend NR 439.075(2)(c)3.j. and to create

NR 421.07 relating to the application of reasonably available control technology for volatile organic 

compound emissions from certain operations within the synthetic organic chemical manufacturing 

industry. 

AM-23-08 

Analysis Prepared by the Department of Natural Resources

1. Statutes interpreted: Sections 227.11(2)(a), 285.11(1) and (6), Stats. The State Implementation Plan 

developed under s. 285.11(6), Stats., is revised. 

2. Statutory authority: Sections 227.11(2)(a) and 285.11(1) and (6), Stats. 

3. Explanation of agency authority: Section 227.11(2)(a), Stats., gives state agencies general 

rulemaking authority. Section 285.11(1), Stats., gives the Department authority to promulgate rules 

consistent with ch. 285, Stats. Section 285.11 (6), Stats., requires the Department to develop a plan for 

the prevention, abatement and control of air pollution. With limited exceptions, the rules or control 

strategies for ozone control must conform to the federal Clean Air Act. 

4. Related statute or rules: Several sections of the proposed rule references similar federal requirements 

for the same emission source categories for New Source Performance Standards (NSPS, adopted by the 

Department in ss. NR 440.675, 440.868 and 440.705, Wis. Adm. Code). These references are used 

because many of the federal control requirements necessary in the proposed rule are identical to the 

NSPS requirements. 

5. Plain language analysis: Section 182(b)(2) of Clean Air Act requires implementation of reasonably 

available control technology (RACT) for sources of volatile organic compounds (VOC) emissions in 

moderate and worse ozone nonattainment areas, for which EPA has published Control Technology 

Guidelines (CTGs – “guidance”). 

These requirements include that Wisconsin promulgate VOC RACT rules which are based on EPA 

guidance for facilities classified as synthetic organic chemical manufacturing industry (SOCMI) that have 

air oxidation or distillation and reactor processes. The DNR is proposing a VOC RACT rule that would 

regulate these SOCMI VOC emission categories in Wisconsin’s ozone nonattainment areas. Several 

sections of the proposed rule reference identical federal requirements contained in the NSPS for these 

source categories, which the Department has already adopted into ch. NR 440, Wis. Adm. Code. 

6. Summary of, and comparison with, existing or proposed federal regulation: The proposed rule will 

modify the Department’s ozone state implementation plan (SIP) to meet the requirements of the federal 

Clean Air Act and to clarify other state requirements. Portions of the proposed rule references similar 

federal requirements contained in the NSPS for these source categories, which the Department has 

adopted in ch. NR 440, Wis. Adm. Code. 

7. Comparison with similar rules in adjacent states (Illinois, Iowa, Michigan and Minnesota): The 

proposed rule is based on requirements established in the federal Clean Air Act for states that have ozone 

nonattainment areas. Iowa and Minnesota have no ozone nonattainment areas. Illinois’ requirements are 

similar to the proposed rule. Michigan has adopted the NSPS for SOCMI source categories into its own 

regulations. 

8. Summary of factual data and analytical methodologies used and how any related findings 

support the regulatory approach chosen: The DNR has already adopted federal regulations that 
2 

establish VOC emission control requirements for NSPS facilities classified as SOCMI air oxidation, 

distillation and reactor operations. Much of the EPA guidance that the DNR must follow in its proposed 

VOC RACT rulemaking for SOCMI facilities is identical to these federal regulations. Consequently, 

appropriate portions of the proposed SOCMI VOC RACT rule references those portions of Ch. NR 440, 

Wis. Adm. Code that are identical to EPA RACT guidance. 

9. Analysis and supporting documents used to determine the effect on small business or in 

preparation of an economic impact report: EPA’s guidance for the SOCMI VOC controls does not 

include any discussion on the regulations potential impact on small business. An economic impact report 

was not requested for the proposed rule. 

10. Effect on small business: Any SOCMI facility would require a minimum of 100 tons VOC emissions 

per year (maximum theoretical) in order to be subject to the proposed rule. Any small business that is 

classified a SOCMI facility would likely not meet this relatively high emissions total criteria. Consequently, 

the proposed rule will likely have no effect on small businesses. 

11. Agency contact person: Bill Adamski (608) 266-2660, William.Adamski@wisconsin.gov

SECTION 1. NR 421.07 is created to read: 

NR 421.07 Synthetic organic chemical manufacturing industry. (1) APPLICABILITY. (a) This 

section applies to the owner or operator of any facility that is located in the county of Milwaukee, 

Waukesha, Washingtion, Ozaukee, Racine, Kenosha or Sheboygan, and that has maximum theoretical 

emissions of VOCs greater than or equal to 100 tons per year from air oxidation unit processes or from 

distillation operations and reactor processes, as those activities are defined in ss. NR 440.675(2)(c), 

440.686(2)(e) and 440.705(2)(o), respectively. 

(b) For purposes of this section, any references to total organic compounds or TOC in ss. NR 

440.675, 440.686 or 440.705 shall be considered to be volatile organic compounds as defined in s. NR 

400.02(162). 

(2) AIR OXIDATION UNIT PROCESSES. (a) Unless exempt under par. (b), the owner or operator 

of a facility operating air oxidation unit processes subject to this section shall comply with the requirements 

of s. NR 440.675, subject to the following exceptions: 

1. Notwithstanding s. NR 440.675(1)(b)(intro.), for purposes of this section, an affected facility 

shall be one that is described by the criteria in s. NR 440.675(1)(b)1. to 3., without consideration of the 

specific date of the construction, modification or reconstruction of the facility. 

2. Notwithstanding s. NR 440.675(3)(intro.), for purposes of this section, the owner or operator of 

an affected facility shall comply with s. NR 440.675(3)(a), (b) or (c) no later than 12 months after the 
3 

effective date of this section ...[LRB insert date]. 

3. Notwithstanding s. NR 440.675(6)(a), each owner or operator subject to this section shall notify 

the department how the facility will comply with the specific provisions of s. NR 440.675(3) no later than 10 

months after the effective date of this section...[LRB insert date] or no later than 60 days after becoming 

subject to this section, whichever is later. 

4. Section NR 440.675(7) does not apply. 

(b) Exemptions listed in s. NR 440.675(1)(c) shall apply to an owner or operator subject to this 

subsection. 

(3) DISTILLATION OPERATIONS. (a) Unless exempt under par. (b), the owner or operator of a 

facility with distillation operations subject to this section shall comply with the requirements of s. NR 

440.686, subject to the following exceptions: 

1. Notwithstanding s. NR 440.686(1)(b)(intro.), for purposes of this section, an affected facility 

shall be one that is described by the criteria in s. NR 440.686(1)(b)1. to 3., without consideration of the 

specific date of the construction, modification or reconstruction of the facility. 

2. Notwithstanding s. NR 440.686(3)(intro.), for purposes of this section , the owner or operator of 

an affected facility shall comply with s. NR 440.686(3)(a), (b) or (c) no later than 12 months after the 

effective date of this section ... [LRB insert date]. 

3. Notwithstanding s. NR 440.686(6)(a), each owner or operator subject to this section shall notify 

the department how the facility will comply with the specific provisions of s. NR 440.686(3) no later than 10 

months after the effective date of this section...[LRB insert date] or no later than 60 days after becoming 

subject to this section, whichever is later. 

4. Section NR 440.686(7) does not apply. 

(b) Exemptions listed in s. NR 440.686(1)(c) shall apply to an owner or operator subject to this 

subsection. 

(4) REACTOR PROCESSES. (a) Unless exempt under par. (b), the owner or operator of a facility 

with reactor processes subject to this section shall comply with the requirements of s. NR 440.705, subject 

to the following exceptions: 

1. Notwithstanding s. NR 440.705(1)(b)(intro.), for purposes of this section, an affected facility 
4 

shall be one that is described by the criteria in s. NR 440.686(1)(b)1. to 3., without consideration of the 

specific date of the construction, modification or reconstruction of the facility. 

2. Notwithstanding s. NR 440.705(3)(intro.), for purposes of this section, the owner or operator of 

an affected facility shall comply with s. NR 440.705(3)(a), (b) or (c) no later than 12 months after the 

effective date of this section ... [LRB insert date]. 

3. Notwithstanding s. NR 440.705(6)(a), each owner or operator subject to this section shall notify 

the department how the facility will comply with the specific provisions of s. NR 440.705(3) no later than 10 

months after the effective date of this section...[LRB insert date] or no later than 60 days after becoming 

subject to this section, whichever is later. 

4. Section NR 440.705(7) does not apply. 

(b) Exemptions listed in s. NR 440.705(1)(c) shall apply to an owner or operator subject to this 

subsection. 

(5) COMPLIANCE EMISSION TESTING. The owner of operator of a facility subject to this section 

shall conduct compliance emission testing in accordance with s. NR 439.075(2)(c)3.j. 

(6) DELAYED COMPLIANCE. If the owner or operator of a facility employs a VOC emission 

control device that, on the effective date of this section...[LRB insert date] does not achieve compliance 

with an emission limitation in s. NR 440.675(3), 440.686(3) or 440.705(3), applicable under this section, 

the owner or operator is not required to comply with the emission limitation until the control device is 

replaced for reasons other than compliance, including normal maintenance, malfunction, accident, and 

obsolescence. A control device is considered to be replaced when either of the following occur: 

(a) All of the control device is replaced. 

(b) The cost of repair of the control device or the cost of replacement of part of the control device 

exceeds 50% of the cost of replacing the entire control device with a control device that is capable of 

complying with the respective requirement of s. NR 440.675(3), NR 440.686(3) or NR 440.705(3), 

SECTION 2. NR 439.075(2)(c)3.j. is amended to read: 

NR 439.075(2)(c)3.j. Control devices at synthetic organic chemical manufacturing facilities subject 

to the requirements of s. NR 440.675 or , 440.686 or 440.705. 
5 

SECTION 3. EFFECTIVE DATE. This rule shall take effect on the first day of the month following 

publication in the Wisconsin administrative register as provided in s. 227.22 (2) (intro.), Stats. 

SECTION 4. BOARD ADOPTION. This rule was approved and adopted by the State of Wisconsin Natural 

Resources Board on March 25, 2009. 

Dated at Madison, Wisconsin ___May 18, 2009__. 

STATE OF WISCONSIN 

DEPARTMENT OF NATURAL RESOURCES 

By_____/S/ Matthew J Frank_________ 

 Matthew J. Frank, Secretary 

(SEAL) 
BEFORE THE 

DEPARTMENT OF NATURAL RESOURCES 

NOTICE OF PUBLIC HEARING 

AM-23-08 

NOTICE IS HEREBY GIVEN THAT pursuant to ss. 227.11(2)(a) and 285.11(1) and (6), Stats., 

interpreting ss 227.11(2)(a), 227.14(1m)(b), 285.11(1) and (6),Stats, the Department of Natural Resources 

will hold a public hearing on creating and amending rules in ss. NR 421.07 and 439.075, Wis. Adm. Code, 

relating to the application of reasonably available control technology for volatile organic compound 

emissions from certain operations within the synthetic organic chemical manufacturing industry. The State 

Implementation Plan developed under s. 285.11(6) , Stats., is revised. 

NOTICE IS HEREBY FURTHER GIVEN THAT the hearing will be held on: 

January 28, 2009 Rooms 140 – 141 

Wednesday DNR Southeast Region Headquarters 

at 1:30 P.M. 2300 North Dr. Martin Luther King Jr.Drive 

 Milwaukee 

NOTICE IS HEREBY FURTHER GIVEN THAT the proposed rule and supporting documents, 

including the fiscal estimate may be viewed and downloaded at http://adminrules.wisconsin.gov (Use the 

Search tab at the top of the page and search for AM-23-08). If you do not have Internet access, a personal 

copy of the proposed rule and supporting documents, including the fiscal estimate, may be obtained free of 

charge from Robert Eckdale, Rules Coordinator, DNR, Bureau of Air Management, P.O. Box 7921, 

Madison, WI 53707 or by calling (608) 266-2856. 

Comments on the proposed rule must be received on or before Monday, February 9, 2009. Written 

comments will have the same weight and effect as oral statements presented at the public hearing. Written 

comments and questions on the proposed rules may be submitted to William Adamski at: 

DNR, Bureau of Air Management (AM/7), 101 S Webster St, Madison, WI 53703 

Phone: 608 266-2660 

Fax: 608 267-0560 

E-mail: William.Adamski@wisconsin.gov 

Internet: http://adminrules.wisconsin.gov

NOTICE IS HEREBY FURTHER GIVEN, that pursuant to s. 227.114, Stats., it is not anticipated 

that the proposed rules will have an effect on small businesses. As the position of Small Business 

Regulatory Coordinator is currently vacant you may contact Robert Eckdale by E-mail at 

Robert.Eckdale@wisconsin.gov or by phone at 608 266-2856 if you have questions on the impact of these 

rules on small businesses. 

Related statute or rules: Several sections of the proposed rule reference similar federal requirements for 

the same emission source categories as New Source Performance Standards (NSPS) adopted by the 

Department in ss. NR 440.675, 440.868 and 440.705, Wis. Adm. Code. These references are used 

because many of the federal control requirements necessary in the proposed rule are identical to the 

NSPS requirements. 

Plain language analysis: Section 182(b)(2) of Clean Air Act requires implementation of reasonably 

available control technology (RACT) for sources of volatile organic compounds (VOC) emissions in 

moderate and worse ozone nonattainment areas, for which EPA has published Control Technology 

Guidelines (CTGs – “guidance”). 

These requirements include that Wisconsin promulgate VOC RACT rules which are based on EPA 

guidance for facilities classified as synthetic organic chemical manufacturing industry (SOCMI) that have 

air oxidation or distillation and reactor processes. The DNR is proposing a VOC RACT rule that would 

regulate these SOCMI VOC emission categories in Wisconsin’s ozone nonattainment areas. Several 
sections of the proposed rule reference identical federal requirements contained in the NSPS for these 

source categories, which the Department has already adopted into ch. NR 440, Wis. Adm. Code. 

Summary of, and comparison with, existing or proposed federal regulation: The proposed rule will 

modify the Department’s ozone state implementation plan (SIP) to meet the requirements of the federal 

Clean Air Act and to clarify other state requirements. Portions of the proposed rule reference similar 

federal requirements contained in the NSPS for these source categories, which the Department has 

adopted in ch. NR 440, Wis. Adm. Code. 

Comparison with similar rules in adjacent states (Illinois, Iowa, Michigan and Minnesota): The 

proposed rule is based on requirements established in the federal Clean Air Act for states that have ozone 

nonattainment areas. Iowa and Minnesota have no ozone nonattainment areas. Illinois’ requirements are 

similar to the proposed rule. Michigan has adopted the NSPS for SOCMI source categories into its own 

regulations. 

Summary of factual data and analytical methodologies used and how any related findings support 

the regulatory approach chosen: The DNR has already adopted federal regulations that establish VOC 

emission control requirements for NSPS facilities classified as SOCMI air oxidation, distillation and reactor 

operations. Much of the EPA guidance that the DNR must follow in its proposed VOC RACT rulemaking 

for SOCMI facilities is identical to these federal regulations. Consequently, appropriate portions of the 

proposed SOCMI VOC RACT rule reference those portions of ch. NR 440, Wis. Adm. Code, that are 

identical to EPA RACT guidance. 

Analysis and supporting documents used to determine the effect on small business or in 

preparation of an economic impact report: EPA’s guidance for the SOCMI VOC controls does not 

include any discussion on the regulations potential impact on small business. It is not anticipated that the 

proposed rule will have an effect on small businesses. An economic impact report was not requested for 

the proposed rule. 

Effect on small business: Any SOCMI facility would require a minimum of 100 tons VOC emissions per 

year (maximum theoretical) in order to be subject to the proposed rule. Any small business that is 

classified a SOCMI facility would likely not meet this relatively high emissions total criteria. Consequently, 

the proposed rule will likely have no effect on small businesses. 

Agency contact person: Bill Adamski (608) 266-2660, William.Adamski@wisconsin.gov

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary 

determination that this action does not involve significant adverse environmental effects and does not need 

an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments 

received, the Department may prepare an environmental analysis before proceeding with the proposal. 

This environmental review document would summarize the Department’s consideration of the impacts of 

the proposal and reasonable alternatives. 

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, 

reasonable accommodations, including the provision of informational material in an alternative format, will 

be provided for qualified individuals with disabilities upon request. Please call Robert Eckdale at 608 266-

2856 with specific information on your request at least 10 days before the date of the scheduled hearing. 

 Dated at Madison, Wisconsin __________________________________ 

 STATE OF WISCONSIN 

 DEPARTMENT OF NATURAL RESOURCES 

 By ____________________________ 

 Matthew J. Frank, Secretary 
3

t\

13

13

Mail to:

STATE OF WI!

BEFORE THE DWAMMW OF NATURAL

Resoupw

NOTICE OF PUBLIC HEARING

AM-23.08

NOTICE IS HEREBY .GIVEN THAT pursuant to

as. 227. 11(2)(a) and 285. 11(1) and (6h State.,

Interpreting as 227 . 11(2)(a), 227.140m)(b),

285. 1( 1) and (6),Stats, the Department of

Natural Resources will hold a public hearing

on creating and amending rules In as. NR

421.07 and 439.075, Wis. Adm. Code, relating

to the application of reasonably available control technology for volatile organic compound

emissions from certain operations within the

synthetic is chemical manufacturing inThe Implementation Plan deyeioped under s. 286. 11(6) , is revised.

NOTICE IS HEREBY FURTHER GIVEN THAT

the hearing will be held on : January 28,'2009

Rooms 140 - 141 Wednesday

DNR Southeasat Region Headquarters, at

1:30 P.M.

2300 North Dr. Martin Luther 5ind Jr.brive,

Milwaukee'

NOTICE IS HEREBY FURTHER GIVEN THAT

the proposed rule and supporting documents,

including the fiscal estimate may be viewed

end downloaded at http://adminruies.wisconsin.gov (Use the Search tab at the top of the

page and search for AM -23-08). If you do not

have Internet access, a personal copy of the

proposed rule and supporting documents, including the fiscal estimate, may be obtained

free of charge from Robert Eckdale , Rules Coordinator, DNR, Bureau of Air Management.

P.O. Box 7921 , Madison, WI 53707 or by calling (608) 266-2856.

Comments on the proposed rule must be received on or before Monday. February9, 2009.

Written tbniments will have the a" weight

and effect as oral statements presented at the

public hearing. Written comments and questions on the proposed rules may be submitted

to William Adamski at: DNR, Bureau of Air

Management (AMR), 101 S Webster St, Madison, WI 53703 Phone : 608 266.2660

Fax: 608 267.0560 E-mail: William.Adamski@

wisconsin.gov Internet: http://adminrules.

NOTICE IS HEREBY FURTHER GIVEN, that pursuant to a. 227.114, Stats., it is not antici-pated

that the proposed rules will have an effect on

small businesses. As the Position of Small

C Business Regulatory Coordinator is currently

vacant you may contact Robert Eckdale by Email at Robert.Eckdale@wisconsin.gov or by

phoneat608266-2866 ifyou have questions on

the impact of these rules on small businesses.

Related statute or rules : Several sections of

the proposed rule reference similarfederal requirements for the same emission source categories as New Source Performance Standards (NSPS) adopted by the Department in as.

NR 440.675, 440.868 and 440.705, Wis. Adm.

Code. These references are used because

many of the federal control requirements neceasary in the proposed rule are Identical to the

NSPS requirements.

Plain language analysis: Section 182(b((2) of

Clean Air Act requires implementation of reasonably available control technology (RACT)

for sources of volatile organic compounds

(VOC) emissions in moderate and. worse

ozone nonattainment areas , for which EPA

has published Control Technology Guidelines

(CTG5 -'guidance').

These requirements include that Wisconsin

promulgate VOC RACT rules which are based

on EPA guidance for facilities classified as

synthetic organic chemical manufacturing

industry (SOCMI) that have air oxidation or

distillation and reactor pprrocesses. The DNR is

roposing a Yl)C RACT rule that would regulate these SOCMI VOC emission categories in

Wisconsin's ozone nonattainment areas. Several sections of the proposed rule reference

identical federal requirements contained in

the NSPS for these source categories, which

the Department has already adopted into ch.

NR 440, Wis. Adm.' Code.

Summary of, and comparison with, existing or proposed, federal regulation: The

' proposed rule will modify the Dapsrtment s

air oxidation, distillation and reactor operations: Much of the EPA guidance that the

DNR must follow In its proposed VOC RACT

rulemaking for SOCMI facilities is Identical to

these federal regulations. Consequently, appropriate portiohs of the proposed SOCMI

ozone state implementation plan (SIP) to

meet the requirements of the federal Clean

Air Act and to clarify other state requirements. Portions of the proposed rule reference similar federal requirements contained

in the NSPS for these. source categories,

which the Department has adopted inch. NR

440, Wis. Adm. Code.

Comparison with similar rules in adjacent

states (Illinois, Iowa, Michigan and Minnesota): The proposed rule Is based'on requirements established In the federal Clean Air

Act for states that have ozone nonattainment

areas. tows and Minnesota have no ozone

nonattainment areas . Illinois' requirements

are similar to the proposed rule. Michigan has

adopted the NSPS for SOCMI source categories into its own regulations.

Summary of factual data and analytical methodologies used and how any related findings

support the regulatory approach chosen: The

DNR has already adopted federal regulations

that establish VOC emission control requirementsfor NSPS facilities classified as SOCMI

O RA rule reference those portions of

ch. NR 440, We. Adm. Code, that are Identical

to EPA RACT guidance.

Analysis and supporting documents used to

determine the effect on small business or in

preparation of an economic impact report:

EPA's guidance for the SOCMI VOC controls

does not include any discussion on the regulations potential Impact on• small business. It

is not anticipated that the proposed rule will

have an effect on small businesses. An economic impact report was not requested for

the proposed rule.

Effect on email business: Any SOCMI facility

would require a minimum of 100 tons VOC

emissions per year (maximum theoretical)

in order to' be subject to the proposed rule.

Any small business that is classified a SOCMI

facility would likely not meet this relatively

high emissions total criteria . Consequently,

the proposed rule will likely have no effect on

small businesses.

Agency contact person : Bill Adamski (608)

266-2660,'William.Adamski@wisconsin. gov

NOTICE IS HEREBY FURTHER GIVEN that

the Department has made a preliminary determination that this action does not involve

significant adverse environmental effects and

does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However,

based on the comments received, the DepartMerit may prepare an environmental analysis

before proceeding with the proposal. This

environmental review document would summarize the Department's consideration of

the impacts of the proposal and reasonable

alternatives.

NOTICE IS HEREBY FURTHER GIVEN that

pursuant to the Americans with Disabilities

Act, reasonable accommodations , including

the provision of informational material in an

alternative format, will be provided for quellfled individuals with disabilities upon request.

Please call Robert Eckdale at 608 266-2856

with specific information on your request at

least 10 days before the date of the scheduled

.hearing.

Dated at Madison, Wisconsin : December 18,

2008

STATE OF WISCONSIN

DEPARTMENT OF NATURAL RESOURCES

By: Thomas F. Steidl for

Matthew J. Frank, Secretary

PUB. WSJ: December 29, 2008

(#1327608) WNAXLP

'roof of Publication Affidavit

21tion for for your records

ntil you receive your advertising invoice.

RECEIVED

JAN 8

2009

AIR iWA/VAr

S,^,Jt

being duly sworn, doth depose and say that

he (she) is an authorized representative of

Capital Newspapers, publishers of

that an advertisement of which the annexed is a true

)y, taken from said paper, was published therein on

Subscribed and sworn to before me on

Notary Public,

S/On expires

County, Wisconsin

a a-,-eo q
a

121 DEPARTMENT OF NATURAL RESOURCES NR 421.03

Chapter NR 421

CONTROL OF ORGANIC COMPOUND EMISSIONS FROM CHEMICAL, COATINGS AND

RUBBER PRODUCTS MANUFACTURING

NR 421.01 Applicability: purpose. NR 421.05 Synthetic resin manufacturing.

NR 421.02 Definitions. NR 421.06 Coatings manufacnaing.

NR 421.03 Chemical manufactu e. NR 421.07 Synthetic organic chemical manufacturing industry.

NR 421.04 Pnwmatic rubber tire manufacture.

NR 421 .01 Applicability; purpose. (1) APPIuCABazrY.

This chapter applies to all chemical, coatings and rubber products

manufacturing air contaminant sources and to their owners and

operators.

(2) PURPOSE. This chapter is adopted under ss. 285.11, 285.13

and 285.17, Seats., to categorize organic compound emissions

from chemical, coatings and rubber products manufacturing

sources into separate organic compound air contaminant source

categories and to establish emission limitations for these categories of sources in order to protect air quality.

Hrto a Register, September 1986, No. 369, eff.10-1- am Registe> Feb

ruary. 1990, No. 410, eff. 3-1-90; coneetions made in (2) made

86•

under s. 13.93 (2m)

(b) 7., Stats., Register, December, 1996, No. 492.

NR 421 .02 Definitions. The definitions contained in chs.

NR 400,419 and 420 apply to the terms used in this chapter. In

addition, the following definitions apply to the terms used in this

chapter and in chs. NR 422 to 425:

(1) `Bead dipping" means the dipping of an assembled tire

bead into a solvent based cement.

(2) "Blending tank" means any vessel in which resin, coating

or other materials, or any combination thereof, are added to produce product blend.

(3) "Coatings manufacturing facility" means any facility

which mixes, blends or compounds paints, varnishes, lacquers,

enamels, shellacs or sealers, and which is classified under standard industrial classification code 2851, as described in the Standard Industrial Classification Manual , 1987, incorporated by reference in s. NR 484.05.

(4) "Completed resin" is any resin which has completed its

processing and is available for use in the basic components of

plastics or as a component of surface coating formulations.

(5) "Green tires" means assembled tires before molding and

curing have occurred.

(6) "Green tire spraying" means the spraying of green tires,

both inside and outside , with release compounds which help

remove air from the tire during molding and prevent the tire from

sticking to the mold after curing.

(7) "Grinding miff" means any mill with cylindrical chambers

containing grinding media such as balls, pebbles, or sand which

grind and disperse coating solids.

(8) "High speed dispersion mill" means any mixer with one or

more blades that rotate at high speed in order to disperse coating

solids.

(9) "Passenger type tire" means agricultural, airplane, industrial, mobile home, light and medium duty truck, and passenger

vehicle tires with a bead diameter up to 50.8 cm (20 inches) and

cross section dimension up to 32.5 cm (12.8 inches).

(10) "Pneumatic rubber tire manufacture" means the production of pneumatic rubber passenger type tires on a mass production basis.

(11) "Production equipment exhaust system" means a device

for collecting and directing out of the work area fugitive emissions

from reactor openings, centrifuge openings, and other vessel

openings at a pharmaceutical manufacturing plant.

(12) "Reaction tank" means any piece of equipment in which

organic or other materials are reacted to produce a resin. A reaction tank may include a stripping column, condensers, and a water

separator, which return the evaporated solvent to the reaction vessel.

(13) `Reactor" means a vat or vessel, which may be jacketed

to permit temperature control , designed to contain chemical reactions.

(14) `Resin ' means a solid or semi-solid, water-insoluble,

organic material with little or no tendency to crystallize and which

is used as the basic components of plastics or as a component of

surface-coating formulations.

(15) "Roller mill" means any mill with horizontal rollers that

grind and disperse coating solids.

(16) "Synthesized pharmaceutical manufacturing" means

manufacture of pharmaceutical products by chemical synthesis.

(17) "Synthetic resin manufacturing facility" means any

facility which reacts organic compounds to produce a synthetic

resin and which is classified under standard industrial classification code 2821, as described in the Standard Industrial Classification Manual, 1987, incorporated by reference in s. NR 484.05.

(18) `Thinning tank" means any vessel in which resin, coating, or other products are combined with solvents to thin the product.

(19) `Tread end cementing" means the application of a solvent based cement to tire tread ends.

(20) "Undertread cementing" means the application of a solvent based cement to the underside of a tire tread.

(21) "VOC emission leak" means a fugitive emission of volatile organic compounds from any valve, pump, sealed agitator,

compressor, flange or relief valve for which the fugitive VOC

concentration is measured to exceed 10,000 ppm when tested

according to Method 21 in Appendix A of 40 CFR pot 60, incorporated by reference in s. NR 484.04.

(22) "Water based sprays" means release compounds,

sprayed on the inside and outside of green tires, in which solids,

water, and emulsifiers have been substituted for all organic solvents.

History: Renum, from NR 154.01, cr. (lm), (2e), (2s). (4e), (4s), (9m), (10e),

(10s),

li)

and

(h a), and

September, 1986, No. 369, ei.10-1-86; rearm. (2)

and (5) to be NR 40D.02 aa), cr. (12m), Regi>ta, February, 1990.No.41Q

eff. 3-1-90, resoum. (10) and (11) to be (low) and (11w) under a. 13.93 (2m) (b) 1.,

State., Register, August 1990, No. 416 renuru (lm) to be (2)

R

May,1992

No. 437, e@: 6-1-92; an (2e) and (Ile), Register, December. 1993, No. 456, eff.

1-1-94: an. (intro.), renum. (2e) to (13) to be (3) to (22) and as (3), (17) and (21),

Register, December, 1995, No. 480, eff.1-1-96.

NR 421 .03 Chemical manufacture. (1) P11AwAcmmCAL MANUFACTURE. (a) Applicability . This subsection applies,

subject to the provisions of s. NR 425.03, to all operations at pharmaceutical manufacturing facilities involved in the manufacture

of pharmaceutical products by chemical synthesis, with the

exception of any reactor, distillation unit , dryer, filter, crystallize

centrifuge, or other individual operation that has an actual emisRegister July 2009 No. 643
NR 421.03 WISCONSIN ADMINISTRATIVE CODE 122

sion rate of less than 6.8 kilograms per day (15 pounds per day)

with all emission control equipment inoperative.

(b) Emission control requirements. Except as provided under

par. (a), the owner or operator of a synthesized pharmaceutical

manufacturing facility shall:

1. Equip each vent from reactors, distillation operations, crystallizers, centrifuges, or vacuum dryers with surface condensers

or an equally effective control device as approved by the department. If a surface condenser is used, the condenser outlet gas temperature may not exceed:

a. -25°C (-13°F) for VOCs with vapor pressure greater than

40 kPa (5.8 psia) as measured at 20°C (68°F).

b. -15°C (5°F) for VOCs with vapor pressure between 20 kPa

(2.9 psia) and 40 kPa (5.8 psia) as measured at 20°C (68°F).

c. 0°C (32°F) for VOCs with vapor pressure between 10 kPa

(1.5 psia) and 20 kPa (2.9 psia) as measured at 20°C (68°F).

d. 10°C (50°F) for VOCs with vapor pressure between 7 kPa

(1.0 psia) and 10 kPa (1.5 psia) as measured at 20°C (68°F).

e. 25°C (77°F) for VOCs with vapor pressure between 3.5 kPa

(0.5 psia) and 7 kPa (1.0 psia) as measured at 20°C (68°F).

2. Limit the VOC emissions from air dryer exhaust systems

and production equipment exhaust systems to 15.0 kilograms per

day (33 pounds per day) or to 10% of the uncontrolled emission

rate of the system, whichever is less stringent.

3. Enclose all centrifuges, rotary vacuum filters, and any

other filters having an exposed liquid surface, where the liquid

contains VOCs and exerts a total VOC vapor pressure of 3.5 kPa

(0.5 psia) or more at 20°C (68°F).

4. Install covers on all in-process tanks that contain a VOC

at any time. Covers are to be closed except for necessary operator

access during production, sampling, maintenance or inspection.

5. Repair all visually detectable leaks of liquid VOCs the first

time the equipment is off-line for a period long enough to complete the repair.

(2) TRANSFER OF VOCS AT MANUFAC LURING

FACULTIES. (a) Applicability. Subject to the provisions of s. NR

425.03, this subsection applies to all storage vessels for VOCs of

more than 7,751 liter (2,000 gallon) capacity at a synthetic pharmaceutical manufacturing facility.

(b) Emission reduction requirements. No owner or operator

of a synthetic pharmaceutical manufacturing facility may permit

the delivery of VOCs with vapor pressure in excess of 28.0 kPa

(4.1 psia) at 20°C from a truck or railcar to the storage vessel

unless a vapor balance or equivalent control system is provided.

The system must be at least 90% effective in reducing emissions

from transfer operations.

(3) STORAGE OF VOCS AT PHARMACEUTICAL MANUFACTURING

FACUirIBS. (a) Applicability. This subsection applies, subject to

the provisions of s. NR 425.03, to all storage vessels for VOCs of

more than 3,785 liters ( 1,000 gallon) capacity at synthetic pharmaceutical manufacturing facilities.

(b) Storage requirements. The owner or operator of any storage vessel shall install pressure-vacuum conservation vents set at

±0.2 kPa, or an equally effective control device approved by the

department, on all storage vessels that store VOCs with vapor

pressures in excess of 10.5 kPa (1.52 psia) at 21°C (7(°F).

Ehhorrs^r React. from NR 154.13 (2) (b), (3) (e) and (9) and am, Register September, 1986, No. 369, eff. 10-1-86; am (1) (b) 1. and (2) (b), Register, February,

1990, No. 410, eff. 3-1-90; am (1) (a), Register, December, 1993, No. 456, eff.

1-1-94.

NR 421.04 Pneumatic rubber tire manufacture.

(1) APPUCABIUTY. This section applies, subject to the provisions

of s. NR 425.03, to all pneumatic rubber tire manufacturing facilities involved in undertread cementing, tread end cementing, bead

dipping, or green tire spraying operations.

(2) EXEMPnoNS. (a) This section does not apply to the production of specialty tires for antique or other vehicles when produced on an irregular basis or with short production rms. This

exemption applies only to tires produced on equipment separate

from normal production lines for passenger type tires.

(b) The requirements of sub..(3) do not apply provided the

combined total VOC emissions from all undertread cementing,

tread end cementing, bead dipping and green tire spraying operations are less than or equal to 57 grams per tire produced and the

emission rates are determined and certified by August 31, 1981.

(3) EMISSION CONTROL REQUIREMENTS. The owner or operator

of a pneumatic rubber tire manufacturing facility shall:

(a) For all undertread cementing, tread end cementing and

bead dipping operations install and operate one of the following:

1. A carbon adsorption system which reduces the VOC emissions from the capture system by at least 90% by weight.

2. An incineration or catalytic oxidation system which oxidizes at least 90% of the nonmethane VOCs (measured as total.

combustible carbon) which enter the incineration or oxidation

unit, to nonorganic compounds.

3. An alternative VOC emission reduction system demonstrated to have at least 90% reduction efficiency measured across

the control system, as approved by the department.

(b) For green tire spraying operations, implement one of following control strategies:

1. Utilize water-based mold release compound sprays with

a volatile fraction containing, at a minimum, 90% water.

2. Install and operate a carbon adsorption system which

reduces the VOC emission from the capture system by at least

90% by weight.

3. Install and operate an incineration or catalytic oxidation

system which oxidizes at least 90% of the nonmethane VOCs

(VOC measured as total combustible carbon) which enter the

incinerator or oxidation unit to nonorganic compounds.

4. Install and operate an alternate VOC emission reduction

system demonstrated to have at least a 90% reduction efficiency,

measured across the control system, as approved by the department.

(c) For any control device required by this section, install and

operate a capture system, as approved by the department, which

is designed to provide maximum reasonable capture and transfer

of VOCs to the control device. Maximum reasonable capture and

transfer shall be in accord with guidance provided by:

1. Industrial Ventilation: A Manual of Recommended Practice, 20th ed., incorporated by reference in s. NR 484.11.

2. Recommended Industrial Ventilation Guidelines, incorporated by reference in s. NR 484.05.

Hwy Rmim from NR 154. 13 (8) and am (1), Regieor September, 1986, No.

369, eff. 10-1-86; am (4) (intro.). February 1990, No. 410, eff. 3-1-90;

am (3) (c) 1 . and 2., Register, May, I , No. 437, eff. 6-1-92; as (3) (c) 1. and

2., r. (4), Mosier, December, 1995, No. 480, eff.1-1-96; correction in (2) (b) made

under a. 13.93 (2m) (b) 7.. State., Re&oer, December. 1995, No. 480; am (3) (a)

(into.), (c) 1., RegWer, December, 1996, No. 492, eff.1-1-97; am (3) (a) 2., Register, October, 1999, No. 526, eff.11-1-99.

NR 421 .05 Synthetic resin manufacturing.

(1) APPUCABIUIY. (a) Effective October 1, 1986, this section

applies to reaction tanks, thinning tanks, blending tanks and other

process vessels used in any synthetic resin manufacturing facility

which has maximum theoretical emissions of VOCs from the processes greater than or equal to 100 tons per year and which is

located in the county of Kenosha, Milwaukee, Ozaukee, Racine,

Washington or Waukesha.

(b) Effective January 1, 1994, this section applies to reaction

tanks, thinning tanks, blending tanks and other process vessels

used in any synthetic resin manufacturing facility which has maximum theoretical emissions of VOCs from the processes greater

than or equal to one of the following:

Register July 2009 No. 643
123 DEPT OF NATURAL RESOURCES NR 421.06

1. 25 tons per year for a facility located in the county of Kenosha, Milwaukee, Ozaukee, Racine, Washington or Waukesha.

2. 100 tons per year for a facility located in the county of Door,

Kewaunee, Manitowoc , Sheboygan or Walworth.

(2) EMISSION CONTROL REQUIREMENTS. The owner or operator

of a synthetic resin manufacturing facility shall:

(a) Equip each vent from reaction tanks, and all blending tanks

and thinning tanks, with an emission control system which meets

one of the conditions listed in this paragraph. Any equally effective control method or equivalent system approved by the department under this paragraph 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 emission

control system shall be one of the following:

1. A surface condenser, or equally effective control device

approved by the department, and a vapor recovery or control system that reduces emissions from the surface condenser or equally

effective device by 85%.

2. An equivalent system or approach demonstrated to reliably

control emissions from a process that does not include a condenser

by not less than 90% as approved by the department.

(b) If a surface condenser is used, continuously record the condenser outlet gas temperature , and prevent the condenser outlet

gas temperature from exceeding 32°C (90°F).

(c) Enclose all centrifuges, rotary vacuum filters, and any other

filters having an exposed liquid surface, where the liquid contains

VOCs.

(d) Install covers on all in-process tanks that contain a VOC

at any time. Covers shall be closed except for necessary operator

access during production, sampling, maintenance or inspection.

(e) Monitor each valve, pump, sealed agitator, compressor,

flange and relief valve used with a process stream which contains

at least 10.0% VOCs by weight using Method 21 of Appendix A,

40 CFR part 60, incorporated by reference in s. NR 484.04. The

monitoring schedule shall be as follows:

1. Monitor each valve, pump, sealed agitator, compressor and

relief valve that is located within 2.0 meters (6.6 feet) of a permanent support surface once during each calendar quarter.

2. Monitor all other valves, pumps, sealed agitators, compressors and relief valves, and all flanges, once during each calendar

year.

3. Notwithstanding subd. 1., if less than or equal to 2% of the

valves monitored pursuant to subd. 1. are found to leak for 5 consecutive quarters, monitoring of valves under subd. 1. will not be

required for the following 3 consecutive quarters . Monitoring

shall be conducted during the next quarter and every fourth quarter thereafter. If, during monitoring required under this subdivision, more than 2% of valves monitored are found to leak, quarterly monitoring under subd. 1. shall be reinstituted in the next

quarter.

(f) Check bimonthly by visual inspection each valve, pump,

sealed agitator, compressor, flange and relief valve for indications

of dripping liquid.

(g) Repair all leaks detected as soon as practicable, but not later

than 15 calendar days after leak detection unless the repair is technically infeasible without a process unit shutdown . In the case of

such infeasibility, repair shall occur before the end of the next process unit shutdown.

(h) Document to the department all repairs of detectable leaks

of VOCs for each calendar quarter. This documentation is to

include a description of the equipment that leaked , date of detection, date of repair, dates of follow-up inspection, and an explanation of what caused the leak. This documentation is to be submitted to the department within one month after the close of the

calendar quarter during which the leaks were detected and

repaired.

(3) CompuANCE scHEDULE. (a) This subsection applies only

to a synthetic resin manufacturing facility which is in existence on

January 1, 1994 and which meets one of the following criteria:

1. The facility is located in the county of Door, Kewaunee,

Manitowoc, Sheboygan or Walworth.

2. The facility is located in the county of Kenosha, Milwaukee, Ozaukee, Racine, Washington or Waukesha and was not subject to this section prior to January 1, 1994.

(b) The owner or operator of any source identified under par.

(a) shall:

1. Notify the department's bureau of air management in writing by April 1, 1994. This notification shall provide the name and

location of the affected facility and include VOC emission data if

necessary to support eligibility under this subsection.

2. Achieve final compliance with the requirements of this section no later than May 31, 1995.

Note: "Maximum theoretical emissions" has the meaning given in e. NR 419.02

(11).

History: C. Register, September, 1986, No. 369, eff. 10-1-86; am. (1), (2) (a) 1.

and b. and (b), (3) (b) and (c) 4., r. sod rect. (2) (e), renum. (2) (f) to be (2) (h) and

am, a. (2) (f) and (g), t (3) (c) 5., Regiaw, February, 1990, No. 410, eff. 3-1-90;

am. (1), (2) (a) (intro.) and (b), cr. (1) ), r and rem. (3), Regiata December, 1993,

No. 456, eff.1-1 -94; am. (2) (a) (intro.), (e) (intro.) and 2, a. (2) (e) 3., Regisoa,

December, 1995, No. 480, eff.1-1-96;am (1) (b), (2) (a) (itaro .), 1., (3) (a), Register,

M1996, No. 488, eff. 9-1-96; am. (2) (e) 3., Regist r, Octobea; 1999. No. 526,

1-99.

NR 421 .06 Coatings manufacturing. (1) Ai's'ucAan.-

rrx. (a) Effective October 1, 1986, this section applies to pigment

dispersion chambers, thinning tanks, tinting, straining, blending

tanks and other process vessels used in any coatings manufacturing facility which has maximum theoretical emissions of VOCs

from the processes greater than or equal to 100 tons per year and

which is located in the county of Kenosha, Milwaukee, Ozaukee,

Racine, Washington or Waukesha.

(b) Effective January 1,1994, this section applies to pigment

dispersion chambers, thinning tanks, tinting, straining, blending

tanks and other process vessels used in any coatings manufacturing facility which has maximum theoretical emissions of VOCs

from the processes greater than or equal to one of the following:

1. 25 tons per year for a facility located in the county of Kenosha, Milwaukee, Ozaukee, Racine, Washington or Waukesha.

2. 100 tons per year for a facility located in the county of Door,

Kewaunee, Manitowoc, Sheboygan or Walworth.

(2) EMISSION CONTROL REQUIREMENTS. The owner or operator

of a coatings manufacturing facility shall:

(a) Keep all portable mixing vats covered with lids, except to

add ingredients or to take samples. The lids shall extend at least

12 inch beyond the outer rim of the vat or be attached to the rim

of the vat and shall be maintained in good condition such that,

when in place, they maintain contact with the rim for at least 90%

of the circumference of the tin of the vat. The lids may have a slit

to allow clearance for insertion of a mixer shaft. The slit shall be

covered after insertion of the mixer, except to allow safe clearance

for the mixer shaft.

(b) Keep all stationary vats covered, except to add ingredients

or take samples.

(c) Clean all portable mixing vats, stationary vats, high speed

dispersion mills, grinding mills, and roller mills in a way which

minimizes the emissions of VOCs into the atmosphere and which

is approved by the department.

(d) Equip any grinding mill installed after October 1, 1986

with fully enclosed screens.

(e) Monitor each valve, pump, sealed agitator, compressor,

flange and relief valve used with a process stream which contains

at least 10.0% VOCs by weight using Method 21 of Appendix A,

Register July 2009 No. 643
NR 421.06 WISCONSIN ADMINISTRATIVE CODE 124

40 CFR part 60, incorporated by reference ins. NR 484.04. The

monitoring schedule shall be as follows:

1. Monitor each valve, pump, sealed agitator, compressor and

relief valve that is located within 2.0 meters (6.6 feet) of a permanent support surface once during each calendar quarter.

2. Monitor all other valves, pumps, sealed agitators, compressors and relief valves, and all flanges. once during each calendar year.

3. Notwithstanding subd. 1., if less than or equal to 2% of the

valves monitored pursuant to aft. 1. are found to leak for 5 consecutive quarters, monitoring of valves under subd. 1. will not be

required for the following 3 consecutive quarters. Monitoring

shall be conducted during the next quarter and every fourth quarter thereafter. If, during monitoring required under this subdivision, more than 2% of valves monitored are found to leak, quarterly monitoring under subd. 1. shall be reinstituted in the next

quarter-

(f) Check bimonthly by visual inspection each valve, pump,

sealed agitator, compressor, flange and relief valve for indications

of dripping liquid.

(g) Repair all leaks detected as soon as practicable, but not later

than 15 calendar days after leak detection unless the repair is technically infeasible without a process unit shutdown. In the case of

such infeasibility, repair shall occur before the end of the next process unit shutdown.

(h) Document to the department all repairs of detectable leaks

of VOCs for each calendar quarter. This documentation is to

include a description of the equipment that caused the leak, date

of detection, date of repair, date of follow-up inspection, and an

explanation of what caused the leak. This documentation is to be

submitted to the department within one month after the close of

the calendar quarter during which the leaks were detected and

repaired.

(3) CoM13.LANcE scmmur.a. (a) This subsection applies only

to a coatings manufacturing facility which is in existence on January 1, 1994 and which meets one of the following criteria:

1. The facility is located in the county of Door, Kewaunee,

Manitowoc, Sheboygan or Walworth.

2. The facility is located in the county of Kenosha, Milwaukee, Ozaukee, Racine, Washington or Waukesha and was not subject to this section prior to January 1, 1994.

(b) The owner or operator of any source identified under par.

(a) shall:

1. Notify the department's bureau of air management in writing by April 1, 1994. This notification shall provide the name and

location of the affected facility and include VOC emission data if

necessary to support eligibility under this subsection.

2. Achieve final compliance with the requirements of this section no later than May 31, 1995.

Note: "Maxinmm theoretical emssions " has the nrsning given ins. NR 419.02

(11).

History: Cr. Register. September, 1986, No. 369, eff.1O-1-86; am. (1) and (3)

(c) 4., r. and rec. (2) (e), rcaum. (2) (f) to be (2) (h) and on, or. (2) (f) and (g), r. (3)

(c) 5.. Register, February, 1990, No. 410, W 3-1-90; am. (1), a. (1) (b), r. and rect.

(3), Register, December, 1993, No. 456. eff.1-1-94; am (2) (e), or. (2) (e) 3., Register, December, 1995, No. 480, eff.1-1-96; am. (1) (b), (2) (a) (intro.), (3) (a), r. (2)

(a) 1. to 3., Register, December, 1996, No. 492. eff.1-1-97; am. (2) (e) 3., Register

October, 1999, No. 526, elf. 11-1-99.

NR 421.07 Synthetic organic chemical manufacturing industry. (1) APPucABu1n. (a) This section applies to the

owner or operator of any facility that is located in the county of

Milwaukee, Waukesha, Washington, Ozaukee, Racine, Kenosha

or Sheboygan, and that has maximum theoretical emissions of

VOCs greater than or equal to 100 tons per year from air oxidation

unit processes or from distillation operations and reactor processes, as those activities are defined in as. NR 440.675 (2) (c),

440.686 (2) (e) and 440.705 (2) (o), respectively.

(b) For purposes of this section, any references to total organic

compounds or TOC in ss. NR 440.675, 440.686 or 440.705 shall

be considered to be volatile organic compounds as defined in s.

NR 400.02 (162).

(2) Am OXIDATION uNrr PROCESSES. (a) Unless exempt under

par. (b), the owner or operator of a facility operating air oxidation

unit processes subject to this section 'shall comply with the

requirements of s. NR 440.675, subject to the following exceptions:

1. Notwithstanding s. NR 440.675 (1) (b) (intro.), for purposes of this section, an affected facility shall be one that is

described by the criteria in s. NR 440.675 (1) (b) 1. to 3., without

consideration of the specific date of the construction, modification or reconstruction of the facility.

2. Notwithstanding s. NR 440.675 (3) (intro.), for purposes

of this section, the owner or operator of an affected facility shall

comply with s. NR 440.675 (3) (a), (b) or (c) no later than August

1,2010.

3. Notwithstanding s. NR 440.675 (6) (a), each owner or operator subject to this section shall notify the department how the

facility will comply with the specific provisions of s. NR 440.675

(3) no later than June 1, 2010 or no later than 60 days after becoming subject to this section, whichever is later.

4. Section NR 440.675 (7) does not apply.

(b) Exemptions fisted in s. NR 440.675 (1) (c) shall apply to

an owner or operator subject to this subsection.

(3) Dtsrtti.nnoN oPERAnoNs. (a) Unless exempt under par.

(b), the owner or operator of a facility with distillation operations

subject to this section shall comply with the requirements of s. NR

440.686, subject to the following exceptions:

1. Notwithstanding s. NR 440.686 (1) (b) (intro.), for purposes of this section, an affected facility shall be one that is

described by the criteria ins. NR 440.686 (1) (b) 1. to 3., without

consideration of the specific date of the construction, modification or reconstruction of the facility.

2. Notwithstanding s. NR 440.686 (3) (intro.), for purposes

of this section, the owner or operator of an affected facility shall

comply with s. NR 440.686 (3) (a), (b) or (c) no later than August

1,2010.

3. Notwithstanding s. NR 440.686 (6) (a), each owner or operator subject to this section shall notify the department how the

facility will comply with the specific provisions of s. NR 440.686

(3) no later than June 1, 2010 or no later than 60 days after becoming subject to this section, whichever is later.

4. Section NR 440.686 (7) does not apply.

(b) Exemptions listed in s. NR 440.686 (1) (c) shall apply to

an owner or operator subject to this subsection.

(4) REACroR PROCESSES. (a) Unless exempt under par. (b), the

owner or operator of a facility with reactor processes subject to

this section shall comply with the requirements of s. NR 440.705,

subject to the following exceptions:

1. Notwithstanding s. NR 440.705 (1) (b) (intro.), for purposes of this section, an affected facility shall be one that is

described by the criteria in s. NR 440.705 (1) (b) 1. to 3., without

consideration of the specific date of the construction, modification or reconstruction of the facility.

2. Notwithstanding s. NR 440.705 (3) (intro.), for purposes

of this section, the owner or operator of an affected facility shall

comply with s. NR 440.705 (3) (a), (b) or (c) no later than August

1, 2010.

3. Notwithstanding s. NR 440.705 (6) (a), each owner or operator subject to this section shall notify the department how the

facility will comply with the specific provisions of s. NR 440.705

(3) no later than June 1, 2010 or no later than 60 days after becoming subject to this section, whichever is later.

4. Section NR 440.705 (7) does not apply.

Register July 2009 No. 643
124-1 DEPARTMENT OF NATURAL RESOURCES

(b) Exemptions listed in s. NR 440.705 (1) (c) shall apply to

an owner or operator subject to this subsection.

(5) COMPLIANCE EMISSION TESTING. The owner of operator of

a facility subject to this section shall conduct compliance emission

testing in accordance with s. NR 439.075 (2) (c) 3. j.

(6) DELAYED COMPLIANCE. If the owner or operator of a facility employs a VOC emission control device that, on August 1,

2009 does not achieve compliance with an emission limitation in

s. NR 440.675 (3), 440.686 (3) or 440.705 (3), applicable under

this section, the owner or operator is not required to comply with

the emission limitation until the control device is replaced for reaNR 421.07

sons other than compliance, including normal maintenance, malfunction, accident, and obsolescence. A control device is considered to be replaced when either of the following occur:

(a) All of the control device is replaced.

(b) The cost of repair of the control device or the cost of

replacement of part of the control device exceeds 50% of the cost

of replacing the entire control device with a control device that is

capable of complying with the respective requirement of s. NR

440.675 (3), 440.686 (3) or 440.705 (3).

History: CR 08-114: cr. Register July 2.009 No. 643, eR. 8-1-09: correction

in (4) (a) 1. made under s.13.92 (4) (b) 7, Stats., Register July 2009 No. 643.

Register July 2009 No. 643
I

185 DEPARTMENT OF NATURAL RESOURCES

Chapter NR 439

REPORTING, RECORDKEEPING, TESTING , INSPECTION AND

DETERMINATION OF COMPLIANCE REQUIREMENTS

NR 439.03

NR 439.01 Applicability; purpose. NR 439.08 Methods and procedures for periodic fuel sampling and analysis.

NR 439.02 DeSnitioos. NR 439.085 Periodic fuel sampling and analysis requirements.

NR 439.03 Reporting. NR 439.09 Methods and procedures for continuous emission monitoring.

NR 439.04 Recordkeeping. NR 439.095 Continuous emission monitoring requirements.

NR 439.05 Access to records; inspections. NR 439.096 Methods and procedures for combustion optimization.

NR 439.055 Methods and procedures for determining compliance using instrumentation of as P011000 control equipment and source processes.

NR 439.098 Methods and procedures for parametric testing of NCO emissions

pursuant to an add rain program alternative NO, emission limitaNR 439.06 Methods and procedures for determining compliance with emission tion.

limitations (by air contaminant). NR 439.10 Circumvention.

NR 439.07 Methods and procedures for periodic compliance emission testing. NR 439.11 Malfunction prevention and abatement plans.

NR 439.075 Periodic compliance emission testing requirements.

Note: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, December,

1996, No. 492. Corrections made under s. 1393 (2m) (b) 7., Scats., Register, January,

2001, No. 541.

NR 439.01 Applicability; purpose. (1) Appuc army.

This chapter applies to all air contaminant sources and to their

owners and operators. For sources subject to an emission standard

under chs. NR 460 to 469 or under 40 CFR part 63, the requirements of ch. NR 460 apply in addition to the requirements of this

chapter. In the case of any conflict between applicable provisions

under cbs. NR 460 to 469 and provisions of this chapter, the provisions under chs. NR 460 to 469 shall apply, this chapter not withstanding.

(2) PURPOSE. This chapter is adopted under ss. 285.11, 285.13,

285.17, 285.19 and 285.65, Stats., to establish general reporting,

recordkeeping, testing, inspection and determination of compliance requirements for all air contaminant sources. Individual

chapters of cbs. NR 400 to 499, permits or orders may contain

additional requirements.

HMtory: Cc Register, September, 1966, No. 369, eff.10-1-86; c cti n in (2)

made under x.13.93 (2m) (b) 7., Stats., Registe August, 1989, No. 404; am

41-97

1 992, No.

correc ion in (1

eff. 6-1-W; sm.

)) made under a. 13.93

Itegister; ) 7, March,

Stud Register Augustt

2001 No. 548.

NR 439.02 Definitions. The definitions contained in cbs.

NR 400 and 407 apply to the terms used in this chapter. In addition, the following definitions apply to the berms used in this chapter.

(1) "Audit samples" means glass vials, gas cylinders or other

materials which contain a known concentration of a pollutant that

may be used for the purpose of quality assurance of certain laboratory analyses required for the determination of compliance.

(2) `Baghouse" means a control device in which dust-laden

gases are forced through a fabric bag and particulates are retained

by direct interception, inertial impaction , diffusion, electrostatic

attraction or gravitational settling.

(3) "Compliance emission test" means a performance test

required by the department or conducted in cooperation with the

department involving the quantitative measurement of air contaminants as they are emitted from a source to determine compliance with an emission limitation.

(4) "Condensible particulate matter" means any material,

except uncombined water, that may not be collected in the front

half of the particulate emission sampling train but which exists as

a solid or liquid at standard conditions.

(5) "Continuous monitoring system" means the total equipment used to sample, to analyze and to provide a permanent record

of emissions or process parameters.

(6) "Emission sampling train" means the apparatus used to

collect a representative sample in the performance of an emission

test.

(8) "Mechanical collector" means a broad class of particulate

control devices that separate solid particles from a gas stream by

a combination of mechanical forces which include centrifugal,

gravitational and inertial. Such devices may include settling

chambers, cyclones and multicyclone collectors.

(9) "Monitoring device" means any instrument used to measure the operating parameters of a control device or process.

(11) "Sampling port" means an opening through the wall of a

stack or duct that is used to provide access for extraction of a sample.

(12) "Sootblowing" means the cleaning of heat exchanger

surfaces by the use of steam or air to dislodge accumulated material.

H'rtorr. Cr. Register, September, 1986, No. 369, eff.10-1--86; am. (intro.), cr.

(1) to (12), Register September, 1987, No. 381, eff. 10-1-87; am. (intro.), (3) and

(8), t (10), Register, May, 199Z No. 437, efE 6-1-92; am. (intro.), Register December, 1993, No. 456. eff. 1-1-94; r. (7), Register, November, 1999, No. 527, eff.

12-1-99.

NR 439.03 Reporting . (1) (a) When requested by the

department, a person shall furnish to the department information

to locate and classify air contaminant sources according to the

type, level, duration, frequency and other characteristics of emissions and such other information as may be necessary. The information shall be sufficient to evaluate the source's effect on air

quality and compliance with cbs. NR 400 to 499.

(b) The responsible official for a source which has been issued

an operation permit under s. 285.62, Stats., or an order under s.

285.13 (2), Stats., shall submit the results of monitoring required

by the permit or order no less often than every 6 months, or more

frequently if required by the department. In lieu of submission of

all monitoring results, a summary of the monitoring results may

be submitted to the department. The summary shall include sufficient data for the department to determine whether the source is

in compliance with the applicable requirements to which the

monitoring relates. The semiannual monitoring report may be

consolidated with the quarterly excess emission report required

under s. NR 439.09 when submission of both these reports is

required. The department may reduce the frequency of submission of this semiannual monitoring report for non-part 70 sources.

In addition to the reporting requirements under subs. (4) to (6), all

deviations from and violations of applicable requirements shall be

clearly identified in the monitoring reports.

(c) After an operation permit has been issued to a source by the

department, the responsible official for the source shall annually,

or more frequently if specified in an applicable requirement or in

the permit, certify the source's compliance status with the operation permit in accordance with subs. (8) and (10). The methods

used to determine compliance status under this paragraph shall be

the same methods which are required under s. NR 407.09 (1) (c)

1.

Register July 2009 No. 643
i

NR 438.03 WISCONSIN ADMINISTRATIVE CODE

(2) A person requested to submit information under sub. (1)

may subsequently be required to submit annually, or at such other

intervals as specified by the department, reports detailing any

changes in the nature of the source since the previous report and

the total quantities of the air contaminants emitted.

(3) When requested by the department, the owner or operator

of a source shall submit to the department, within 60 days, a standard operating procedure which includes a detailed description of

process and emission control equipment startup, operating and

shutdown procedures designed to maintain compliance with

emission limitations.

(4) (a) The owner or operator of a source shall report to the

department the next business day following the onset, any malfunction or other unscheduled event at the source, not reported in

advance to the department, which causes or may cause any emission limitation, including the visible emission limit, to be

exceeded with the following exceptions:

1. Hazardous air spills that require immediate notice to the

department under s. NR 445.16.

2. Exceedances of visible emission limitations detected by a

continuous emission monitor which are less than 10% opacity

above the opacity limit for a period not to exceed 30 minutes.

These exceedances shall be reported in the quarterly excess emissions reports required under s. NR 439.09 (10).

(b) The person shall report the cause and duration of the

exceedance, the period of time considered necessary for correction, and measures taken to minimize emissions during the period

(c) The owner or operator of a source which has been issued

an operation permit shall report to the department by the next business day any deviation from permit requirements , the probable

cause of the deviation, and any corrective actions or preventive

measures taken or which will be taken to prevent future deviations.

(5) The owner or operator of a source required to operate a

continuous emission monitoring system or monitoring device

shall notify the department of any shutdown, breakdown or malfunction of such device or system which is anticipated to continue

in excess of one week. Notice shall occur at the next business day

following the onset of the shutdown, breakdown or malfunction

(6) The owner or operator of a source shall report to the

department in advance schedules for planned shutdown and

startup of air pollution control equipment and the measures to be

taken to minimize the down time of the control equipment while

the source is operating. Scheduled maintenance or any other

scheduled event, including startup, shutdown or sootblowing procedures which have been approved by the department under s. NR

436.03 (2) (b), which causes an emission limitation to be exceeded

shall also be reported in advance to the department. Advance

reporting under this subsection does not relieve any person from

the duty to comply with any applicable emission limitation.

(7) Any owner or operator of a coating or printing line achieving compliance by means of s. NR 422.04 (1) shall, upon startup

of the line, or upon changing the method of compliance to s. NR

422.04 (1), notify the department. The notification shall contain:

(a) The name and location of the facility.

(b) The name or identification number of each coating or printing line which will comply by means of s. NR 422.04 (1).

(c) A description of the method bywhich the owner or operator

will measure or calculate the volume of each coating or ink

applied each day on each coating or printing line.

(d) An example of the format in which the records required

under s. NR 439.04 (5) (g) will be kept.

(8) The responsible official required to certify the source's

compliance status under sub. (1 ) (c) shall include in each certification the following information:

(a) Identification of each permit term or condition that is the

basis of the compliance certification.

186

(b) The compliance status of the stationary source with respect

to each term or condition identified in par. (a).

(c) Information on whether compliance was continuous or

intermittent.

(d) The methods used for determining the compliance status

of the stationary source, currently and over the previous 12 month

period.

(e) Any other information the department may require, as

specified in the operation permit, to determine the compliance status of the source.

(9) All certifications required to be submitted under sub. (1)

(c) by a part 70 source shall be submitted to the administrator and

the department.

(10) Each report required under this section shall be certified

by a responsible official as to its truth , accuracy and completeness.

This certification and any other certification required under this

chapter shall state that, based on information and belief formed

after reasonable inquiry, the statements and information in the

document are true, accurate and complete.

(11) All certifications made under this section and all material

statements and representations made in any report or notice

required by an operation permit shall be truthful.

(12) No one may render inaccurate any monitoring device or

method required under this chapter or in a construction permit or

an operation permit.

Hitory: Ream from NR 154.06 (2) and on. Register, September, 1986, No.

369, eff. 10-1-86; nmen. from NR 439.025, r. (4) and (5). Baum and am (1) to (3),

(6) to (8), Register, 1987, No. 381 , off. 10-1-87; correction in (4) (a) 1.

made under s. 13.93 ) (b) 7., State.. Register, 1989. No. 404; am (4) (a)

2., Register MaN 1992, No. 437, efE 6-1-92; rnum . (1) to be (1) (a), m (1) (b) and

(c), (4) (c) and (7) to (12), am (4) (a) 2., Register, December, 1993. No. 456, eff.

1-1-94; cosec Lion in (1) (c) made under s.1393 (2m) (6) 7., Stets., Register: February,1995, No. 470; am (1) (b), (c). (2) and (8) Gmno.), Register, December, 1997, M.

5044 eff. 1-1-98; CR02-097: am. (4) (a) 1. Register )am 2004 No. 582, eff. 7-1-04.

NR 439.04 Recordkeeping. (1) The owner or operator

of an air contaminant source to which chs. NR 400 to 499 apply

shall- maintain the following records:

(a) Records of all sampling, testing and monitoring conducted

or required under chs. NR 400 to 499 or under an air pollution control permit. Records of sampling, testing or monitoring shall

include the following:

1. The date, monitoring site and time and duration of sampling, testing, monitoring and measurements.

2. The dates the analyses were performed.

3. The company or entity that performed the analyses.

4. The analytical techniques or methods used, including supporting information such as calibration and maintenance records

and all original recording charts for continuous monitoring instrumentation including emissions or equipment monitors.

5. The results of the analyses.

6. The relevant operating conditions that existed at the time

of sampling, testing, monitoring or measurement.

(b) Records detailing all malfunctions which cause any applicable emission limitation to be exceeded, including logs to document the implementation of the plan required by s. NR 439.11.

(c) Records detailing all activities specified in any compliance

schedule approved by the department under chs. NR 400 to 499.

(d) Any other records relating to the emission of air contaminants which may be requested in writing by the department.

(2) Copies of all records required under this section shall be

retained by the owner or operator for a period of 5 years or for such

other period as may be specified by the department.

(3) Any owner or operator of an air contaminant source

described under chs. NR 419 to 424 shall maintain records which

demonstrate compliance with applicable emission limitations and

operating requirements. Any owner or operator claiming to be

exempt from an emission limitation or other requirement in chs.
187 DEPARTMENT OF NATURAL RESOURCES NR 439.04

NR 419 to 424 shall maintain records adequate to support each

exemption claim

(4) Any owner or operator of a coating or printing line or

operation that is exempt from the emission limitations of ss. NR

422.05 to 422.14, 422.15 or 422.155, under s. NR 422.03, or is

exempt from the emission limitations of s. NR 422.145 under s.

NR 422.03 (4m) (b) or (c), shall collect and record the following

information as appropriate to support the exemption:

(a) A unique name or identification number for each coating

or ink, as applied.

(b) The VOC content of each coating or ink, as applied, in units

of pounds of VOC per gallon, excluding water.

(c) The volume of coating or ink used per day, as applied, in

units of gallons, excluding water.

(d) The total VOC emissions from all coating or printing lines

or operations meeting the same applicability statement at the facility before the application of capture systems and control devices

in units of pounds per day.

(e) The maximum theoretical emissions of VOCs for all coating or printing lines or operations, meeting the same applicability

statement at the facility in units of tons per year.

(5) (a) Any owner or operator of a coating or printing lice, or

operation subject to an emission limitation in ss. NR 422.05 to

422.083, 422.09 to 422.12, 422.132, 422.135 or 422.145 to

422.155 shall collect and record the following information for

each coating or printing line or operation:

1. A unique name or identification number for each coating

or ink, as applied.

2. The VOC content of each coating or ink, as applied, in units

of pounds of VOC per gallon, excluding water.

(b) Any owner or operator of a coating line or operation subject

to the emission limitations of s. NR 422.085 shall collect and

record the following information:

1. A unique name or identification number for each coating,

as applied.

2. The daily average VOC emission rate as calculated using

the equation in s. NR 422.085 (4) (b), and all information identified in s. NR 422.085 (4) (b) and (c) necessary to calculate the

daily average VOC emission rate.

(c) Any owner or operator of a coating line or operation subject

to the emission limitations of s. NR 422.13 shall collect and record

the following information:

1. A unique name or identification number for each coating,

as applied.

2. The surface area in units of feet squared of coated finished

product.

3. The amount of VOC per area of surface to which coatings

are applied in units of pounds of VOC per 1000 ft2, regardless of

the number of coats applied.

(d) 1. Any owner or operator of a printing line or operation

subject to the emission limitations of s. NR 422.14 (2) (a) or (b)

shall collect and record the following information:

a. A unique name or identification number for each ink, as

applied.

b. The VOC content of each ink, as applied, expressed in units

necessary to determine compliance.

2. Any owner or operator of a printing line or operation subject to the emission limitation in s. NR 422.14 (2) (c) shall collect

and record the following information for each day of operation:

a. Monitoring data for the control device.

b. A log of operating time for the capture system, control

device, monitoring equipment and the associated coating or printing line or operation.

c. A maintenance log for the capture system, control device

and monitoring equipment detailing all routine and non -routine

maintenance performed and including dates and duration of any

outages.

(e) Any owner or operator of a coating or printing line or operation that is subject to an emission limitation in ss. NR 422.05 to

422.135 or 422.145 to 422.155, and that is achieving compliance

with the applicable emission limitation by a method allowed

under s. NR 422.04 (2) (b), (c) or (d) shall, in addition to the applicable information required under pars. (a) to (d), collect and

record the following information for each day of operation:

1. The allowable emission rate pursuant to ss. NR 422.05 to

422.155 in pounds per gallon of coating, excluding water.

2. The amount of each coating or ink in gallons, delivered to

the applicator.

3. The volume fraction of solids in each coating or ink, delivered to the applicator.

4. The density of the VOC used in each coating or ink in

pounds per gallon, delivered to the applicator.

5. The total allowable emissions as calculated under s. NR

422.04(4).

6. The actual emissions for those coatings or inks for which

allowable emissions were calculated under s. NR 422.04 (4),

when considering the control device.

7. Control device monitoring data.

8. A log of operating time for the capture system, control

device, monitoring equipment and the associated coating or printing line or operation.

9. A maintenance log for the capture system, control device

and monitoring equipment detailing all routine and non -routine

maintenance performed including dates and duration of any outages.

(f) Any owner or operator of a surface coating or printing facility that is subject to one or more emission limitations in as. NR

422.05 to 422.15, and that is achieving compliance with the applicable emission limitation or limitations by internal offsets as

allowed under s. NR 425.05 shall, in addition to the applicable

information required under pars. (a) to (d), collect and record the

following information for each day of operation for each coating

or ink involved in the internal offset:

1. The amount of coating material or ink in gallons, delivered

to the applicator.

2. The volume fraction of solids in the coating or ink, delivered to the applicator.

3. The density of the VOC used in the coating or ink in pounds

per gallon, delivered to the applicator.

(g) Any owner or operator of a surface coating or printing line

that is subject to an emission limitation in ss. NR 422.05 to

422.155, and that is achieving compliance with the applicable

emission limitation by in-line averaging as allowed under s. NR

422.04 (1) shall, in addition to the information required under

pars. (a) and (d), collect and record the following information for

each day of operation for each coating or printing line:

1. When achieving compliance under s. NR 422.04 (1) (a):

a. The name or identification number of each coating applied

on each coating line.

b. The volume of each coating applied in gallons, excluding

water.

c. The daily volume-weighted average VOC content of all

coatings applied on each coating line as defined in s. NR 422.04

(1) (a).

2. When achieving compliance under s. NR 422.04 (1) (b) I.:

a. The name or identification number of each ink applied op,

each printing line.

b. The volume of each ink applied in gallons.

c. The daily volume-weighted average VOC content of all

inks applied on each printing line as defined in s. NR 422.04 (1)

(b) 1.

Regina July 2009 No. 643
NR 439.04 WISCONSIN ADMINISTRATIVE CODE 188

3. When achieving compliance under s. NR 422.04 (1) (b) 2.:

a. The name or identification number of each ink applied on

each printing line.

b. The volume of each ink applied in gallons, excluding water.

c. The daily volume-weighted average VOC content of all

inks applied on each printing line as defined in s. NR 422.04 (1)

(b) 2.

History Rrnum. from NR 154.06 (3), and am. Register. September. 1986, No.

369, eff. 10-1-86; rearm. fiom NR 439.03 and am 1987, No.

381, eM 10-1-87; am (2), cr. (3), Register, February. No. 4 0, eff. 3-1-90; am

(1) (a), Regina, May, 1992, No. 437, eff 6-1-92; am (1) (a) and (2), t and tea (3),

a. (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,

464,

am, r^m99(5) (d) and2 o lb^j (d

, amn. (and b (intro.)

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.

NR 439.05 Access to records; Inspections. (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.

(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.

(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.

Rwtm. from NR 154.06 (4) and am. Register, September 1986, No.

369, elf. 10-1-86; tamm fromNR 439.04 and am. Register. Sept1987, No.

381, eff. 10-1-87; renum. to be (1), (2) remm. from NR 439.04 and am., Register,

419

No. 4^eff. 6-1-92, am (1) aid (2), cc (3), Register, December, 1993,

NR 439.055 Methods and procedures for determining compliance using instrumentation of air pollution

control equipment and source processes. (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:

(a) Baghouses - pressure drop across the baghouse in inches

of water.

(b) Mechanical collectors - pressure drop across the collector

in inches of water.

(c) Electrostatic precipitators - primary and secondary voltage

in volts, primary and secondary current in amps, and sparking rate

in sparks per minute.

(d) Incinerators - temperature in the primary chamber and the

afterburner in degrees Fahrenheit or Celsius (centigrade).

(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

(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.

(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).

(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:

(a) Temperature in the primary chamber and afterburner of an

incinerator shall be monitored and recorded every 15 minutes.

(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:

1. Pressure drop across baghouses, mechanical collectors,

wet scrubbers, absorption equipment or adsorption equipment.

2. Current in electrostatic precipitators.

3. Voltage in electrostatic precipitators.

4. The sparking rate from electrostatic precipitators.

5. Flow of liquor in wet scrubbers used for particulate control.

6. pH of absorption scrubbiqg fluid.

(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:

(a) The temperature monitoring device shall have an accuracy

of 0.5% of the temperature being measured in degrees Fahrenheit

or ± 5°F ofthe temperature being measured, or the equivalent in

degrees Celsius (centigrade), whichever is greater.

(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.

(c) The current, voltage, flow or pH monitoring device shall

be accurate to within 5% of the specific variable being measured.

(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.

(5) The department may require, in an operation permit or

order, the measurement of a greater number of source or a ir 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 cbs. NR 400 to 499 are met.

(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.

History: Renum. fiom NR 154.06 (4 Register, September. 1986, No. 369, eff.

10-1-86; rearm. from NR 439.06 and an. Register, September, 1987. No. 381, eff.

10-1-67; renum. from NR 439.08 and am., Register, May, 1992, Na 437, effi

6-1-A2; r. and res. Register, December, 1993, No. 456, elf. 1-1-94; an. (1) (d) and

(g) and (3) (a), Register, December 1996, No. 492, e& 1-1-97; CR 02-146: am (6)

Register October 2003 No. 574.

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 departmeatt. 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
189 DEPARTMENT OF NATURAL RESOURCES NR 439.06

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.

(1) NONFUGITIVE PARIICULATE EMISSIONS. The owner or operator of a source shall use Method 5, 5A, 5B, 51), 5E, 5F, 5G, 5H,

51 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.

(1m) NONFUGPTIVE 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.

(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:

(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).

(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 1, 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.

(c) Perform periodic fuel sampling and analysis of fossil and

nonfossil fuels using the methods and procedures specified in s.

NR 439.08.

(3) ORGANIC coMPoI n 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 ins. 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 cbs. NR 419 to 424 shall be achieved on an instantaneous

basis.

(a) Method 18, 25, 25A or 25B in 40 CFR part 60, Appendix

A, incorporated by reference ins. NR 484.04 (13), shall be used

to determine organic compound emission concentrations or emission rates.

(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.

(b) Method 24 or 24A in 40 CFR part 60, Appendix A. incorporated by reference ins. 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 and

inks.

(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.

(d) Method 27 in 40 CFR part 60, Appendix A, incorporated

by reference ins. NR 484.04 (13), shall be used to verify the vapor

tightness of gasoline delivery tanks.

(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

(f) Methods approved by the department shall be used to determine the transfer efficiency of surface coating equipment.

(g) Method 25A in 40 CFR part 60, Appendix A, incorporated

by reference ins. 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.

(h) Compounds identified ins. NR 400.02 (162) as having negligible photochemical reactivity shall be treated as water to determine compliance with emission limitations which refer to water.

(i) The owner or operator of a gasoline dispensing facility shall

use the methods in this paragraph to determine compliance of

motor vehicle fueling vapor recovery systems required under s.

NR 420.045 (7):

1. San Diego Air Pollution Control District Test Procedure

TP-91-2,incorporated by reference ins. NR 484.05 (5), shall be

used for dynamic backpressure and liquid blockage tests.

2. San Diego Air Pollution Control District Test Procedure

TP-91 -1,incorporated by reference in s. NR 484.05 (4), shall be

used for leak tests.

3. The department may approve the use of alternative test

methods for a vapor recovery system only if the manufacturer,

installer or operator of the vapor recovery system demonstrates all

of the following:

a. The test method in subd. 1. or 2. is not applicable to the

vapor recovery system.

b. The proposed test method will provide test results which

are similar to those provided by the test method in subd . 1. or 2.

in terms of accuracy and validity.

c. The proposed test method has been accepted by another air

pollution control agency within the United States.

6) Notwithstanding par. (b), Method 24 of 40 CFR part 60,

Appendix A, incorporated by reference ins. 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.

(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:

(a) Method 10, 10A or 10B in 40 CPR part 60, Appendix A,

incorporated by reference ins. NR 484 .04 (13).

Regiuer July 2009 No. 643
NR 439.06 WISCONSIN ADMINISTRATIVE CODE 190

(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.

(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.

(6) NrIROOEN COMPOUND EMISStONS. The owner or operator of

a source shall use one of the following methods to determine compliance with a nitrogen . compound emission limitation:

(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).

(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.

(7) TOTAL RHmxm) 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:

(a) Method 15A, 16,16A or 16B in 40 CFR part 60, Appendix

A, incorporated by reference in s. NR 484.04 (13).

(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 ins. 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.

(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).

(9) METHODS AND PROCEDURES FOR VISIBLE EMISSIONS. (a)

The owner or operator of a source shall use one of the following

methods to determine compliance with a visible emission limitation:

1. Method 9 in 40 CPR part 60, Appendix A, incorporated by

reference in s. NR 484.04 (13).

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 ins. 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.

(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.

History: Cr. Register, Septentba 1997, No. 381. ef£ 10-1-87; cr. (3) (g), Regista; AjmT 1988 No. 388 eff. 5-1-88; am. (intro.) (3) and (fi) (a), cz (3) (h), Register,

1990, No. 410, eff. 3-1-90; am. (intr.) and (2) (c). Reguoer May,1992,

No. 43 , eff. 6-1-92; am. (3) (c). ci (3) (1), Register, Jaamry.1993, No. 445. elf.

2-1-93; am. (2) (a) sad (3) ('into.), May, 1993, No. 449, e8 6-1-93; am.

(imro.), (1). (4) (a), (6) Q). (6) (e). (7) (a (8). (9) (a) 2., a (Im), Register, Deoanber.

1993, No. 456, ells 1-1-94; an (1), (1m), (2) (a), (b), (3) (a) to (d), (g), (i)1., 2., (4)

(a), (b). (5), (6) (a), (b), (i) (a), (b), (9) (a)1., 2, (9) N). Register, F mary,1995. No.

470, eE 3-1-95; am. (2) (b), Register. Apn7,1995, No. 472, dE 5-1-95; cs (3) (j),

ber, 199999, No 51995, No. eff.12-1-e99 err. ((3) (am), RRegi^st er 22000, No. 531, off.

4-1-00; CR 02-146: am. (1) Register October 2003 No.

Marb,,

574, elf. 11-1-03; CR

06-112: ann. (3) 0) RejgLRer Jaty 2009 No. 643, eft 3-1-09.

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.

(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.

(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.

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

(b) A description of the process to be tested.

(c) A description of the process or operation variables which

affect the air contaminant source 's emissions.

(d) The date and starting time of the test.

(e) A description of the number and location of the sampling

ports and sampling points including a sketch showing the distance

of the sampling ports from the nearest upstream and downstream

flow disturbances and the stack dimensions.

(f) A statement indicating the production rate and the operating

conditions at which the test will be conducted.

(3) TErr PLAN EVALUATION. In evaluating the test plan, the

department shall respond to the source owner or operator within

10 business days of receipt of the plan and may require the following:

(a) A pm-test conference which includes the owner or operator

of the source, the tester and the department to discuss any deficiencies in the plan or settle any test procedure questions the

department, the tester or the source owner or operator might have.

(b) Any reasonable stack or duct modification or any change

to the sampling method that is deemed necessary by the department to obtain a representative sample.

(c) Additional tests for the same pollutants to be performed at

the same or different operating conditions.

(d) A rescheduling of the test to accommodate witnessing or

source production schedules.

(4) NOTIFICATION OF TEST PLAN REVISION. The source owner

or operator shall notify the department of any modifications to the

test plan at least 5 business days prior to the test. In the event the

owner or operator is unable to conduct the compliance emission

test on the date specified in the test plan, due to unforeseeable circumstances beyond the owner or operator 's control, the owner or

operator shall notify the department at least 5 business days prior

to the scheduled compliance emission test date and specify the

date when the test is rescheduled.

(5) TESTING FAC s. The department may require the

owner or operator of a source to provide the following emission

testing facilities:

(a) The installation of sampling ports and safe sampling platforms.

(b) A safe work area for the test crew or any witnessing personnel.

(c) Safe access to the work area'or sampling platform.

(d) Utilities for the sampling equipment.
191 DEPARTMENT OF NATURAL RESOURCES NR 439.07

(e) Instrumentation to monitor and record emissions data.

(6) WITNESSING RMUMEMm s. The department may require

that a department representative be present at any compliance

emission test. The department representative has the following

authority:

(a) The department representative shall , during the test, supply

the tester with the appropriate audit samples required in the reference method for quality assurance purposes.

(b) The department representative may require the tester to

provide the department a copy of all test data and equipment calibration data prepared or collected for the test.

(c) The department representative may take any or all of the

test samples collected during the test for analysis by the department.

(d) The department witness may require the source owner or

operator and tester to correct any deficiency in the performance

of the test provided that the department witness notifies the source

owner or operator and tester of the deficiency as soon as it is discovered. The failure of a source owner or operator and tester to

correct any deficiency may result in the department refusing to

accept the testing results.

(7) EMISSION TESTING EQUIPMENT CALIBRATION REQUIREMEN1S. The following components of any emission sampling train

or associated sampling equipment shall be calibrated not more

than 60 days before the test:

(a) Any equipment used to measure gas velocity.

(b) Any equipment used to meter sample gas volume.

(c) Any equipment used to regulate sample gas flow.

(d) Any equipment used to measure temperature.

(e) Any gas sampling nozzle used during the emission test.

(t) Any equipment used to determine gas molecular weight

(g) Any other sampling equipment that requires periodic calibration.

(8) PROCEDURES FOR CONDUCTING COMPLIANCE EMISSION

TESTS. In conducting any compliance emission test the following

procedures apply:

(a) General provisions. Except as provided for in par. (c), (d),

(f) or (g), an emission test shall consist of a minimum of 3 representative repetitions, as determined by the department, of the

applicable test method with a minimum sampling time of one hour

per repetition. Shorter sampling times as referenced in par. (g)

may be used with the written approval of the department. The

arithmetic mean of the results of all repetitions shall be used to

determine compliance with an emission limitation . In addition,

the following requirements apply:

1. The gas flow rate, in dry standard cubic feet per minute,

shall be determined during each repetition of an emission test

using Method 1 , IA, 2, 2A, 2B, 2C, 2D, 2E, 2F, 2G, 2H, 3, 3A, 3B

and 4 in 40 CFR part 60, Appendix A, incorporated by reference

ins. NR 484.04 (13), as applicable.

2. A record shall be maintained of all persons who have handled the test samples.

(b) Particulate matter. When compliance with a particulate

emission Imitation is determined using Method 5, 5A, 5B, 5D,

5E, 5F, 5G, 5H, 51 or 17 in 40 CFR part 60, Appendix A, incorporated by reference ins. NR 484.04 (13), the test shall consist of 3

representative repetitions. In addition, the following provisions

apply:

1. Sootblowing shall be performed during one repetition of

each test for particulate emissions on any boiler that routinely

employs sootblowing, unless the boiler uses a continuous sootblowing system. If a continuous sootblowing system is operating

during the test, compliance with the emission limitation shall be

determined by the arithmetic mean of the results of all repetitions.

If a continuous sootblowing system is not operating during the

test, the representative average pounds of particulate emissions

per million Btu heat input shall be determined by the following

equation:

E = Es ((A + B) S/AR) + Eos((R - S)/R - (BS/AR))

where:

E is the weighted average pounds of particulate matter per

million Btu heat input

Es is the pounds of particulate matter per million Btu heat

input for test runs during soothlowing

F,, is the arithmetic average pounds of particulate matter per

million Btu heat input for test runs with no sootblowing

A is the hours of sootblowing during test runs containing

sootblowing

B is the hours with no sootblowing during test runs containing sootblowing

R is the average hours of boiler operation per 24 hours

S is the average hours of soothlowing per 24 hours

2. Each repetition for a particulate emission test shall have a

sample volume of at least 30 dry standard cubic feet.

3. Method 17, for particulates, in 40 CFR part 60, Appendix

A, incorporated by reference in s. NR 484.04 (13), may not be

used where stack or duct temperatures exceed 320°F.

4. Heat input shall be equal to the fuel use rate multiplied by

the heat content of the fuel on an as-fired basis: Fuels shall be analyzed for heat content using the procedures in Method 19 in 40

CFR part 60, Appendix A, incorporated by reference in s. NR

484.04 (13).

5. Any boiler emission rate in pounds per million Btu beat

input shall be determined using the heat input based on fuel use

rate. The emission rate maybe determined using the F-Factor calculation shown in Method 19 in 40 CFR part 60, Appendix A,

incorporated by reference in s. NR 484.04 (13), with written

approval from the department. If the F-Factor method is used, an

ultimate fuel analysis shall be performed. An integrated gas sample, using Method 3, 3A or 3B in 40 CFR part 60, Appendix A,

incorporated by reference ins. NR 484.04 (13), shall be collected

and analyzed for oxygen and carbon dioxide content. Other methods for determining the boiler heat input may be used only if

approved, in writing, by the department.

6. If cyclonic flow is a possibility at a particulate emission test

location, a test for the presence of cyclonic flow shall be performed before the particulate test using the procedures in Method

I in 40 CFR part 60, Appendix A, incorporated by reference ins.

NR 484.04 (13). If cyclonic flow is present, the flow must be

straightened before testing can begin unless the source owner or

operator demonstrates, to the department's satisfaction, the

acceptability of the location using the alternate procedure to

Method 1. If cyclonic flow is not present, testing can proceed.

7. The department may require the owner or operator of a

source, with the exception of sources subject to the requirements

of ch. NR 440, capable of emitting condensible particulate matter

to include an analysis of the back half of the stack sampling train

catch in the total particulate catch for any emission test using

Method 5,5A, 5B, 5D, 5E, 5F, 5G, 5H, 51 or 17, in 40 CFR part

60, Appendix A, incorporated by reference ins. NR 484.04 (13).

This procedure and analysis shall be performed using Method 202

in 40 CFR part 51, Appendix M, incorporated by reference in s.

NR 484.04 (9).

(c) Sulfur dioxide emissions. 1. When compliance with a sulfur dioxide emission limitation is determined using Method 6 or

6A in 40 CFR part 60, Appendix A, incorporated by reference in

s. NR 484.04 (13), the test shall consist of 3 repetitions. A repetition shall consist of 2 20-minute sampling periods with each sampling period followed by a 15-minute fresh air purge . The 2 sampies shall be analyzed independently. The arithmetic mean of the

results of the 2 samples shall be the result of that repetition.

Register July 2009 No. 643
NR 439.07 WISCONSIN ADMINISTRATIVE CODE 192

2. When compliance with a sulfur dioxide emission limitation

is determined using Method 6B in 40 CFR part 60, Appendix A,

incorporated by reference in s. NR 484.K(13), the test shall consist of 3 24-hour repetitions with the sampling train operating

continuously during each 24-hour repetition.

3. When compliance with a sulfur dioxide emission limitation

is determined using Method 6C in 40 CFR part 60, Appendix A,

incorporated by reference in s. NR 484.04 (13), the test shall consist of 3 representative repetitions.

(d) Nitrogen oxide emissions. 1. When compliance with a

nitrogen oxide emission limitation is determined using Method 7,

7A or 7B in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (13), the test shall consist of 3 repetitions.

A repetition shall consist of 4 2-liter evacuated sample bottles that

are filled, one at a time, with stack gas at 15 minute intervals. The

4 samples shall be analyzed independently. The arithmetic mean

of the results of the 4 samples shall be the result of that repetition.

2. When compliance with a nitrogen oxide emission limitation is determined using Method 7C, 7D or 7E in 40 CFR part 60,

Appendix A, incorporated by reference in s. NR 484.04 (13), the

test shall consist of 3 representative repetitions.

(e) Organic compound emissions. When compliance with an

organic compound emission limitation is determined using Methods 18, 25, 25A or 25B in 40 CFR part 60, Appendix A. incorporated by reference in s. NR 484.04 (13), the test shall consist of a

minimum of 3 representative repetitions.

(f) Visible emissions. When compliance with a visible emission limitation is determined using Method 9 in 40 CFR part 60,

Appendix A-4, incorporated by reference in s. NR 484.04 (13),

the test shall be performed based on the either of the following

time criteria, unless otherwise specified in any applicable regulation, permit or compliance order:

1. For a new construction permit, operation • permit or a

renewal of an operation permit, the minimum total time of

observations shall be 60 minutes, consisting of 10 6-minute averages2. For any other circumstances, the minimum total time of

observations shall be 18 minutes, consisting of 3 6-minute averages.

(g) Exceptions. With department approval, compliance with

pars. (a) to (e) may be determined as the arithmetic mean of 2 representative repetitions if 3 repetitions cannot be used to determine

compliance because of any of the following circumstances:

. 1. A shutdown of the process being tested due to circumstances beyond the control of the source owner or operator.

2. A production cycle that does not allow for 3 repetitions of

the test method.

3. The interruption of the test by unfavorable weather.

4. The accidental loss of a sample.

5. Any other circumstances beyond the control of the tester

or the owner or operator of the source.

(9) EMISSION TEST REPORTING REQumEmEN rs. The owner or

operator of the source tested, including initial certification tests

and relative accuracy tests performed under s. NR 439.09, shall

submit 2 copies of the emission test report to the department

within 60 days after completion of a compliance emission test if

no samples were collected by the department witness. If samples

were collected by the department, the test report shall be submitted within 30 days after the results from the test samples have

been reported to the source owner or operator by the department.

If requested, the department may grant an extension of up to 30

days for test report submittal. The failure to include the following

information in an emission test report may result in rejection of the

test. The emission test report shall include, but need not be limited

to, the following information:

(a) A detailed description of the process tested and the sampling procedure employed.

(b) A log of the operating conditions of the process tested and

any associated air pollution control device.

(c) A summary of results expressed in units consistent with the

emission limitation applicable to the source.

(d) Sample calculations employing all the formulas used to

calculate the results.

(e) The field and laboratory data for each repetition of the test.

(1) Calibration data for the components of the sampling train

used.

(g) The results of quality assurance audit sample analyses

required in the reference method.

(h) The report of any visible emission evaluations performed

by the tester or source owner or operator.

(i) A copy of any steam, opacity or airflow charts made during

the test.

(j) The report of any fuel analysis performed on the fuel burned

during the test.

(k) Documentation of any process upset occurring during the

test.

(L) An explanation of any excessive variation in the results

when comparing the repetitions of the compliance emission test.

(m) If the compliance emission test being conducted is a retest,

the changes made to the process or control device since the last

test.

(10) REPORTING OF TEST RESULTS FOR TESTS CONDUCTED BY

TILE DEPARTMENT. The department shall furnish a report of emission tests it conducts to the source owner or operator within 60

days after the testing is completed. This emission test report shall

include, but need not be limited to, the following information:

(a) A summary of results expressed in units consistent with the

emission limitation applicable to the source.

(b) Sample calculations employing all formulas used to calculate the results.

(c) The field and laboratory data for each repetition of the test.

(d) Calibration data for the components of the sampling train

used.

(e) The results of quality assurance audit sample analyses

required in the reference method

(f) The report of any visible emission evaluations performed

by the department.

(g) The report of any fuel analysis performed on the fuel

burned during the test.

Cr. September , No.

12. and ., (2) (ate) 5and 6. Regiiater, February 190, No 4 eff. 3110 am

(intro.), rmnm (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; an. (1). (8) (A (i) and (n), Regista4 December . 1993, No. 456, eE 1-1-94;

am (1), (8) (b), (e) to (k), (m) and (n), Regisu February, 1995, No. 470. eff. 3-1-95;

an (4), Register. September, 1997, No. 501 eff.10-1-97; am. (1) and (4), Register.

November. 1999, No. 527. eff.12-1-99; t (8) (L), Register, Mach, 2000, No. 531,

eff. 4-1-00; CR 02-146: am. (2) (intro.). (8) (a) and (9) (intro.), icoum. (8) (b) to be

(b)1., (8) (d) to (h) to be (8) (b) 2. to 6., (8) () to be (8) (c) 1., (8) (k) to be (8) (c) 2.,

2)and (8) (e)(md 1

. and

nand am ((88)%> to bee (8) (g , (88) (°i)o be (c) (a)(1 sad

(8) (n) to be (8) (b) 7., Regina October 2003 No. 574, eff. 11-1-03.

NR 439.075 Periodic compliance emission testing

requirements. (1) APPuc nnsrY AND GuUWAL am mtEsim rs. (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.

(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.

(c) All compliance emission tests under this section shall be

performed according to s. NR 439.07 and chs. NR 445 to 449.

(2) AFFECTED EMISSION POINTS AND AIR CONTAMINANTS

REQUIRING TESTING. (a) Except as provided in sub. (4), the owner

Register July 2009 No. 643
193 DEPARTMENT OF NATURAL RESOURCES NR 439.075

i

or operator of a source identified in this paragraph, with an emission point 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 in sub. (3).

1. Compliance emission testing for particulate matter is

required for an emission point subject to a particulate emission

limitation under ch. NR 405 or ins. NR 415.04 (2) (b) 2. or (c) 1.,

415.05, 415.06, 415.07 or 415.08 (3) or (6).

2. Compliance emission testing for sulfur dioxide is required

for an emission point subject to a sulfur dioxide emission limitation under ch. NR 405 or in s. NR 417.07 (2), (3), (4) or (5),

418.025, 418.03 or 418.04 or to a more restrictive emission limit

as described in s. NR 417.07 (1) (b).

3. Compliance emission testing for total reduced sulfur is

required for an emission point subject to an emission limitation in

s. NR 417.06.

4. Compliance emission testing for volatile organic compounds is required for an emission point 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 which 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 emission point.

(b) The owner or operator of a source, subject to the requirements of ch. NR 427 or cos. NR 445 to 449, shall perform compliance emission testing for lead, mercury, beryllium or vinyl

chloride according to the testing schedules in sub. (3).

1. Compliance emission testing for mercury is required for an

emission point subject to s. NR 446.08 (1) or 446.21 (1), (2) or (3).

2. Compliance emission testing for beryllium is required for

an emission point identified ins. NR 448.03 (1).

3. Compliance emission testing for vinyl chloride is required

for an emission point identified ins. NR 449.04,449.05 or 449.06

(1), (2), (3) or (4) and for any control system to which reactor

emissions are required to be ducted ins. NR 449.06 (1) (b) or (5)

(a) or (b) or to which fugitive emissions are required to be ducted

in s. NR 449.07 (2) (a), (b), (c), (e), (f) or (i).

4. Compliance emission testing for lead is required for an

emission point with allowable emissions of one ton per year or

more that is subject to an emission limitation ins. NR 427.03.

(c) Except as provided in sub. (4), the owner or operator of a

source identified in this paragraph which is subject to the requirements of ch. NR 440 shall perform compliance emission testing

for the following air contaminants according to the testing schedules in sub. (3).

1. Compliance emission testing for particulate matter is

required for the following:

a. Fossil fuel fired steam generators subject to s. NR 440.19

or 440.20.

b. Incinerators subject to s. NR 440.21.

c. Kilns at Portland cement plants subject to s. NR 440.22.

d. Dryers at asphalt concrete plants subject to s. NR 440.25

with a rated capacity of 250 tons per hour or more at 5% moisture

removal.

e. Fluid catalytic cracking unit catalyst regenerators and fuel

gas combustion devices at petroleum refineries subject to s. NR

440.26.

f. Pot, cupola and reverberatory furnaces at secondary lead

smelters subject to s. NR 440..29.

g. Cupola, electric arc and reverberatory furnaces at secondary brass and bronze ingot production plants subject to s. NR

440.30.

h. Basic oxygen process furnaces at iron and steel plants subject to s. NR 440.31.

i. Incinerators at sewage treatment plants subject to s. NR

440.32.

j. Dryers at primary copper smelters subject to s. NR 440.33.

k. Sintering machines at primary zinc smelters subject to s.

NR 440.34.

L. Blast furnaces, dross reverberatory furnaces and sintering

.machines at primary lead smelters subject to s. NR 440.35.

m. Thermal dryers and pneumatic coal cleaning equipment at

coal preparation plants subject to s. NR 440.42.

n. Electric arc furnaces and dust handling equipment at ferroalloy production facilities subject to s. NR 440.43.

o. Electric arc furnaces at steel plants subject to s. NR 440.44.

p. Electric arc furnaces and argon-oxygen decarburization

vessels at steel plants subject to s. NR 440.445.

q. Recovery furnaces, smelt dissolving tanks and lime kilns

at kraft pulp mills subject to s. NR 440.45.

r. Melting furnaces at glass manufacturing plants subject to

s. NR 440.46.

s. Kilns at lime manufacturing plants subject to s. NR 440.51.

t Control devices at metallic mineral processing plants with

sources subject to the requirements of s. NR 440.525.

u. Dryers, calciners and grinders at phosphate rock plants

subject to s. NR 440.54.

v. Anunonium sulfate dryers at ammonium sulfate manufacturing plants subject to s. NR 44055.

w. Saturators and blowing stills at asphalt processing and

asphalt roofing manufacturing plants subject to s. NR 440.59.

x. Rotary spun wool fiberglass insulation manufacturing lines

at wool fiberglass insulation plants subject to s. NR 440.69.

2. Compliance emission testing for sulfur dioxide is required

for fossil fuel fired steam generators subject to s. NR 440.19 or

44020.

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:

a. Control devices at facilities subject to the surface coating

of metal furniture requirements in s. NR 440.48.

b. Control devices at facilities subject to the automobile and

light-duty truck surface coating requirements in s. NR 440.53.

c. Control devices at facilities subject to the graphic arts

industry requirements in s. NR 440.56.

d. Control devices at facilities subject to the pressure sensitive

tape and label surface coating requirements of s. NR 440.565.

e. Control devices at facilities subject to the large appliance

surface coating requirements in s. NR 440.57.

f. Control devices at facilities subject to the metal coil surface

coating requirements in s. NR 440.58.

g. Control devices at facilities subject to the beverage can surface coating requirements of s. NR 440.63.

h. Control devices at bulk gasoline terminals subject to the

requirements in s. NR 440.64.

i. Control devices at facilities subject to the flexible vinyl and

urethane coating and printing requirements of s. NR 440.65.

j. Control devices at synthetic organic chemical manufacturing facilities subject to the requirements of s. NR 440.675,

440.686 or 440.705.

k. Control devices at facilities subject to the magnetic tape

coating requirements of s. NR 440.71.

L. Control devices at facilities subject to the polymeric coating of supporting substrate requirements of s. NR 440.74.

. 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 s. NR 440.52.

Register July 2009 No. 643
NR 439.075 WISCONSIN ADMINISTRATIVE CODE 194

5. Compliance emission testing for nitrogen oxides is

required for fossil fuel fired steam generators subject to s. NR

440.19 or 440.20.

6. Compliance emission testing for fluorides is required for

the following:

a. Reactors, filters, evaporators and hot wells at wet process

phosphoric acid plants subject to s. NR 440.37.

b. Evaporators, hot wells, acid sumps and cooling tanks at

super phosphoric acid plants subject to s. NR 440.38.

c. Reactors, granulators, dryers, coolers, screens and mills at

diammonium phosphate plants subject to s. NR 440.39.

d. Mixers, curing belts or dens, reactors, granulators, dryers,

cookers, screens, mills and facilities which store run-of-pile

material at triple superphosphate plants subject to s. NR 440.40.

e. Storage or curing piles, conveyors, elevators, screens and

mills at granular triple superphosphate storage facilities subject to

s. NR 440.41.

(3) TESTING SCHEDULES. (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) (a)

during the initial operating period authorized by the permit.

(b) Unless otherwise required by statute, rule or permit condition, the owner or operator of a direct stationary source which has

received an operation permit shall perform the compliance emission tests required under sub. (2) every 24 months as long as the

permit remains valid. Each biennial test shall be performed within

90 days of the anniversary date of the issuance of the permit or

within 90 days of an alternate date specified by the department.

(c) The owner or operator of a direct stationary source which

has received an elective operation permit under s. 285 .60 (2) (b),

Stats., shall perform the compliance emission tests required under

sub. (2) every 24 months as long as the permit remains valid. Each

biennial test shall be performed within 90 days of the anniversary

date of the issuance of the permit or within 90 days of an alternate

date specified by the department.

(4) EXCEPtioNs TO COMPLIANCE EMISSION 18SIING REQUIREbmxts. (a) The following exceptions apply to the testing required

under sub. (2) (a) or (c):

1. The department may grant a written waiver of a scheduled

test if any of the following applies:

a. The direct stationary source associated with the emission

point subject to the testing requirement will be ceasing operation

within one year of a scheduled test.

b. The most recently completed test results from a test conducted according to the methods and procedures specified in s.

NR 439.07 for the direct stationary source demonstrate that the

emissions of the air contaminant for which compliance emission

testing is required under this section are 50% or less of the applicable emission limitation.

c. The direct stationary source associated with the emission

point subject to the testing requirement has not operated more than

360 hours in the previous 12 month period prior to the scheduled

test date.

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).

2. No periodic compliance emission test is required under this

section for any affected emission point equipped with a continuous emission monitor for the air contaminants requiring testing if

the monitor meets the performance specification requirements of

s. NR 439.09.

3. No periodic compliance emission test is required under this

section for any affected emission point of a fuel burning installation that only fires natural gas, propane or distillate fuel oil or any

combination of these fuels.

4. The department may grant an extension of up to 180 days

for compliance emission testing if the owner or operator of a direct

stationary source requests an extension, in writing, and can demonstrate that a representative emissions test cannot be performed

within the time frames specified in sub. (3) (b).

5. No periodic compliance emission testing for sulfur dioxide

emissions is required under this section for any affected emission

point which performs periodic fuel sampling and analysis under

s. NR 439.085, according to s. NR 439.08.

(b) All requests, for waivers under par. (a) shall be submitted

in writing for department review and approval at least 60 days

prior to the required test date.

Hirtor^A: C r- 1987, No. 381 , eff.10-11e-887; aim. (1) (b) 1. d.,

A 5-1-U; am. 1989,

NC 4K eff. 9-1 reiwm N . from NR 439. 1 andl (1) (b) 3. f. and (d)1^Register, Febmary, 1990, No. 410 eff. 3-1-90: rewm. (1) (b) 3. a. 16) and 17) to be 17)

and 16), am. (1) (b) 3. a. 23) and c. 6), Regisset, July, 1990, No. 415, erf'. 8-1-90;

rraum. (1) (a) to (d), (2) and (3) to be (1) to NR439.085 and NR 439.095 and am.,

., 1992 N

a 437,

and ff. L

6-1-92;

(2) 3c j L .

t to w. and and 3. d

Register,

tot,to

begin (, May

,

1993, No. 449, of 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,

of 7-1-94; am. (2) (a) (idro•).4:, Register, December. 1995, No. 480, eff.1-1-96;

am (4) (a) 1. (intro.), Register, December, 1996. No. 492, efE 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, Regbier July 2009 No. 643, dL 9-1-09.

NR 439.08 Methods and procedures for periodic

fuel sampling and analysis. The owner or operator of a

source required to conduct fuel sampling and analysis under s. NR

439.085 shall use the methods and procedures listed in this section

to obtain fuel samples and perform analyses for certain properties

and constituents. Alternative methods may be used if approved,

in writing, by the department.

(1) SAMPLING AND ANALYSIS OF COAL. (a) Coal sampling.

Coal sampling shall be performed according to ASTM D2234-02,

Standard Practice for Collection of a Gross Sample of Coal, incorporated by reference in s. NR 484.10 (33).

(b) Preparing coal for analysis. Preparation of a coal sample

for analysis shall be performed according to ASTM D2013-01,

Standard Method of Preparing Coal Samples for Analysis, incorporated by reference in s. NR 484.10 (30).

(c) Sulfur content in coal. The sulfur content of a coal sample

shall be determined according to ASTM D3177-02, Standard Test

Methods for Total Sulfur in the Analysis Sample of Coal and

Coke, or ASIM D4239-04a, Standard Test Methods for Sulfur in

the Analysis Sample of Coal and Coke Using High Temperature

Tube Furnace Combustion Methods, both incorporated by reference ins. NR 484.10 (45) and (53).

(d) Heat content in coal. The heat content of a coal sample

shall be determined according to ASTM D5865-04, Standard Test

Method for Gross Calorific Value of Coal and Coke, incorporated

by reference in s. NR 484. 10 (55g).

(e) Ash content in coal The ash content of a coal sample shall

be determined according to ASTM D3174-04, Standard Test

Method for Ash in the Analysis Sample of Coal and Coke from

Coal, incorporated by reference in s. NR 484.10 (43).

(f) Moisture content in coal. The moisture content of a coal

sample shall be determined according to ASTM D3173-02, Standard 'Ibst Method for Moisture in the Analysis Sample of Coal and

Coke, incorporated by reference ins. NR 484 .10 (42).

(g) Ultimate analysis of coal The ultimate analysis of a coal

sample shall be determined according to ASTM D3176-89, Standard Practice for Ultimate Analysis of Coal and Coke, incorporated by reference in s. NR 484.10 (44).

(h) Coal audit samples. The owner or operator of a source

shall be required to participate at least once every 6 months in an

interlaboratory coal audit program acceptable to the department.

The results of the audit shall be reported to the department in the

quarterly report on coal quality required under s. NR 439.085 (2)
195 DEPARTMENT OF NATURAL RESOURCES NR 439.085

following receipt of the results from the audit program. The results

shall comply with quality control and quality assurance procedures submitted by the owner or operator of the source and

approved by the department.

(2) SAMP1 NG AND ANALYSIS OF LIQUID FOSSIL FUEL. (a) Liquid

fossil fuel sampling. Liquid fossil fuel sampling shall be performed according to ASTM D4057-95, Standard Practice for

Manual Sampling of Petroleum and Petroleum Products, or

ASTM D4177-95, Standard Practice for Automatic Sampling of

Petroleum and Petroleum Products, incorporated by reference in

s. NR 484.10 (51) and (52).

(b) Sulfur content in liquid fossil fuel The sulfur content of a

liquid fossil fuel sample shall be determined according to ASTM

D129-00, Standard Test Method for Sulfur in Petroleum Products

(General Bomb Method), ASTM D1552-03, Standard Test

Method for Sulfur in Petroleum Products (High-Temperature

Method), or ASTM D4294-03, Standard Test Method for Sulfur

in Petroleum Products by Energy-Dispersive X-ray Fluorescence

Spectroscopy, incorporated by reference in s. NR 484.10 (3), (25)

and (54).

(c) Heat content in liquid fossil fuel. The heat content of a liquid fossil fuel sample shall be determined according to ASTM

D240-02, Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by a Bomb Calorimeter, incorporated by

reference in s. NR 484.10 (4).

(3) SAMPLING AND ANALYSIS OF FUELS OTHER THAN COAL AND

uQu>D Fosse. FUEL. The owner or operator of a source required by

the department to sample and analyze fuel other than coal and liquid fossil fuel shall use methods and procedures approved, in writing, by the department.

History: Rem m. from NR 439.07 (2) and am„ Re tsar, May, 1992, No. 437, eff:

6-1-92; an (2) (b), Regislar; May. 1993. No. 449, eff 6-1-93; am. (1) (a) to (g), (2)

(a) to (c). Regisss, Fdxvary, 1995, No. 470, eff. 3-1-95; am (1) (b), (c), (d), (e) and

(g), Register; December, 1996, No. 492, eff.1-1-97; am (1) (a), (d), (f), (2) (a) and

(b), Regiaaer, November, 1999, No. 527, eff.12-1-99; CR 00-175: am. (1) (a) to (1)

and (2) (b) Register March 2002 No. 555, eff 4-1-02; CR 02-146: am. (1) (a) to (d)

and (2) (b) and (c) Register October 2003 No. 574. efL 11-1-03; CR05-116: am. (1)

(c) to (f) and (2) (b) Register November 2006 No. 611, eff.12-1-06.

NR 439.085 Periodic fuel sampling and analysis

requirements. (1) GENERAL APPUCABUTY. Effective April 1,

1989, the requirements of this section apply to all owners or operator; ofsources described in this section, with the following exceptions:

(a) Sources affected by the RACT sulfur limitations in s. NR

418.04, 418.05, 418.06, 418.07 or 418.08.

(b) Sources with approved RACT variances under s. NR

436.05 affected by the sulfur limitations in s. NR 418.025 or

418.03.

(c) Sources which have installed a sulfur dioxide continuous

emission monitor that meets the performance specification

requirements of s. NR 439.09.

(2) REQUIREMENTS FOR COAL BURNING INSTALLATIONS. The

coal burning rate for an installation shall be based on the maximum permitted capacity. If the permit does not limit the capacity,

the total heat input capacity shall be used:

(a) The owner or operator of a coal burning installation which

has a coal burning rate equal to or greater than 250,000 tons per

year shall sample coal and submit reports on coal quality in the following manner:

1. Perform coal sampling, using the procedures in ASTM

D2234/D2234M-03e1, incorporated by reference ins. NR 484.10

(33), which result in data at least as reliable as classification

I-B-1, defined in ASTM D2234/D2234M-03e1 as automatic

sampling - full stream cut - systematic spacing, and analyze

these samples for ash content, sulfur content and heat content

according to the applicable methods and procedures in s. NR

439.08 (1).

2. Submit quarterly reports within 30 days following the end

of each calendar quarter which include the following information

for each day during the calendar quarter:

a. The total quantity of coal burned expressed in tons.

b. Average percent of the ash content of the coal burned.

c. Average percent of the sulfur content of the coal burned.

d. Average heat content expressed in Btu per pound of the coal

burned

e. Average sulfur dioxide emission rate in terms of pounds of

sulfur dioxide per million Btu heat input from the coal burned.

(b) The owner or operator of a coal burning installation which

has a coal burning rate equal to or greater than 100,000 tons per

year but less than 250,000 tons per year shall sample coal and submit reports on coal quality in the following manner:

1. Perform coal sampling using the procedures in ASTM

D2234/D2234M-03el, incorporated by reference ins. NR 484.10

(33), which result in data at least as reliable as classification

I-C-2, defined in ASTM D2234/D2234M-03el as automatic

sampling -part stream cut - random spacing, and analyze these

samples for ash content, sulfur content and heat content according

to the applicable methods and procedures in s. NR 439.08 (1).

2. Submit quarterly reports within 30 days following the end

of each calendar quarter which include the following information

for each week during the calendar quarter

a. The total quantity of coal burned expressed in tons.

b. Weighted average percent of the ash content of the coal

burned

c. Weighted average percent of the sulfur content of the coal

burned

d. Weighted average heat content expressed in Btu per pound

of the coal burned.

e. Weighted average sulfur dioxide emission rate in terms of

pounds of sulfur dioxide per million Btu heat input from the coal

burned.

(c) The owner or operator of a coal burning installation which

has a coal burning rate equal to or greater than 10,000 tons per year

but less than 100,000 tons per year shall sample coal and submit

reports on coal quality in the following manner.

1. Perform coal sampling using the procedures in ASTM

D22341D2234M-03e1, incorporated by reference ins. NR 484.10

(33), which result in data at least as reliable as classification

]I-D-2,definedin ASTM D2234/D2234M -03e1 as manual sampling - stationary coal sampling -random spacing, and analyze

these samples for ash content, sulfur content and heat content

according to the applicable methods and procedures in s. NR

439.08 (1).

2. Submit quarterly reports within 30 days following the end

of each calendar quarter which include the following information

for each month during the calendar quarter.

a. The total quantity of coal burned expressed in tons.

b. Weighted average percent of the ash content of the coal

burned

c. Weighted average percent of the sulfur content of the coal

buried

d. Weighted average heat content expressed in Btu per pound

of the coal burned.

e. Weighted average sulfur dioxide emission rate in terms of

pounds of sulfur dioxide per million Btu heat input from the coal

burned.

(d) The owner or operator of a coal burning installation which

has a coal burning rate equal to or greater than 1 ,000 tons per year

but less than 10,000 tons per year shall submit, on a quarterly

basis, information on coal quality which is calculated from the

supplier 's analyses for each shipment of coal received at the

installation. Each quarterly report is due within 30 days following

Register July 2009 No. 643
NR 439.085 WISCONSIN ADMINISTRATIVE CODE 196

the end of the calendar quarter. The owner or operator shall obtain

certification from the supplier that the applicable methods and

procedures in s. NR 439.08 (1) were followed by the supplier. The

report shall include the following information for each calendar

quarter.

1. The total quantity of coal burned expressed in tons.

2. Weighted average percent of the ash content of the coal

burned.

3. Weighted average percent of the sulfur content of the coal

burned.

4. Weighted average heat content expressed in Btu per pound

of the coal burned.

5. Weighted average sulfur dioxide emission rate in terms of

pounds of sulfur dioxide per million Btu heat input from the coal

burned.

(e) The owner or operator of a coal burning installation which

has a coal burning rate less than 1 ,000 tons per year shall retain

copies of the supplier's analyses at the installation for each shipment of coal received. The owner or operator shall obtain certification from the supplier that the applicable methods and procedures ins. NR 439.08 (1) were followed. The supplier's analyses

shall include, at a minimum, each shipment's coal quantity, sulfur

content, ash content and heat content.

(3) REQUIREMENTS FOR RESIDUAL FUEL OIL BURNING INSTALLATIONS. The residual fuel burning rate for an installation shall be

based on the maximum permitted capacity . If the permit does not

limit the capacity, the total heat input capacity shall be used:

(a) The owner or operator of a residual fuel oil burning installation which has a residual fuel oil burning rate equal to or greater

than 1 .5 million gallons per year shall sample residual fuel oil and

submit reports on residual fuel oil quality in the following manner:

1. Perform liquid fossil fuel sampling for each storage tank

of residual fuel oil and analyze these samples for sulfur content

and heat content according to the applicable methods and procedures for sampling and analysis in s. NR 439.08 (2). Sampling

shall be performed for each tank volume turnover or on a monthly

basis, whichever is more frequent.

2. Submit quarterly reports within 30 days following the end

of each calendar quarter which include the following information

for each month during the calendar quarter.

a. Total quantity of residual fuel oil burned expressed in thousands of gallons.

b. Weighted average percent of the sulfur content of the residual fuel oil burned.

c. Weighted average heat content expressed in Btu per gallon

of residual fuel oil burned.

d Weighted average sulfur dioxide emission rate in terms of

pounds of sulfur dioxide per million Btu beat input from the residual fuel oil burned.

(b) The owner or operator of a residual fuel oil burning installation which has a residual fuel oil burning rate equal to or greater

than 150,000 gallons per year but less than 1 .5 million gallons per

year shall submit, on a quarterly basis, information on residual

fuel oil quality which is calculated from the supplier 's analyses for

each shipment of residual fuel oil received at the installation.

Each quarterly report is due within 30 days following the end of

the calendar quarter. The owner or operator of the installation

shall obtain certification from the supplier that the applicable

methods and procedures in s. NR 439 .08 (2) were followed by the

supplier. The report shall include the following information for

each calendar quarter.

1. Total quantity of residual fuel oil burned expressed in thousands of gallons.

2. Weighted average percent of the sulfur content of the residual fuel oil burned.

3. Weighted average heat content expressed in Btu per gallon

of residual fuel oil burned.

4. Weighted average sulfur dioxide emission rate in terms of

pounds of sulfur dioxide per million Btu heat input from the residual fuel oil burned.

(c) The owner or operator of a residual fuel oil burning installation which has a residual fuel oil burning rate less than 150.000

gallons per year shall retain copies of the supplier's analyses at the

installation for each shipment of residual fuel oil received. The

owner or operator shall obtain certification from the supplier that

the applicable methods and procedures in s. NR 439.08 (2) were

followed. The supplier's analyses shall include, at a minimum,

each shipment's residual fuel oil quantity, sulfur content and heat

content.

(4) REQUIREMENTS FOR INSTALLATIONS BURNING FUELS OTHER

THAN COAL OR RESIDUAL FUEL OIL. The owner or operator of an

installation subject to reporting requirements under s. NR 439.03

which burns fuel other than coal or residual fuel oil may be

required to sample and analyze the fuel used in a manner specified

by the department.

H'sstoty Rearm. from NR 439.075 (2) and am„ cr. (4), Register, May, 199Z No.

437, eS 6-1-92; an (2) (a) L. Register, Fdauar ,1995, No. 470, e!L 3-1-95; am.

(2) (a) L. (b) 1. and (c) I., Register, November, 1999, No. 527, eff.12-1-99; CR

00-175: am. (2) (a) 1., (b) 1. and (c) 1. Register March 2002 No. 555, off. 4-1-42;

CR 02-146: eras. (2) (a) 1., (b) L. (c) 1. and (3) (a) 1., c r. (intro.) Register October

2003 No. 574, eff. 11-1-03; CR 05-116: am. (2) (a) 1., (b) 1. and (c) 1. Register

November 2006 No. 611, eff.12-1-06.

NR 439.09 Methods and procedures for continuous

emission monitoring. The owner or operator of a source conducting continuous emission monitoring under s. NR 439.095

shall use the methods and procedures listed in this section to

install, calibrate, maintain and operate a continuous emissions

monitoring system, or other methods and procedures approved, in

writing, by the department:

(1) Continuous emissions monitoring systems for measuring

opacity shall comply with all the provisions and requirements in

Performance Specification 1 in 40 CFR part 60, Appendix B,

incorporated by reference in s. NR 484.04 (21).

(2) Continuous emissions monitoring systems for measuring

sulfur dioxide or nitrogen oxides shall comply with all the provisions and requirements in Performance Specification 2 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).

(3) Continuous emissions monitoring systems for measuring

oxygen or carbon dioxide shall comply with all the provisions and

requirements in Performance Specification 3 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).

(4) Continuous emissions monitoring systems for measuring

carbon monoxide shall comply with all the provisions and requirements in Performance Specification 4 in 40 CFR part 60, Appendix B, incorporated by reference in s. NR 484.04 (21).

(5) Continuous emissions monitoring systems for measuring

total reduced sulfur shall comply with all the provisions and

requirements in Performance Specification 5 in 40 CPR part 60,

Appendix B, incorporated by reference in s. NR 484 .04 (21).

(6) Continuous emission rate monitoring systems shall comply with all the provisions and requirements in Performance Specification 6 in 40 CFR part 60, Appendix B, incorporated by reference in s. NR 484.04 (21).

(7) Continuous emissions monitoring systems for measuring

hydrogen sulfide shall comply with all the provisions and requirements in Performance Specification 7 in 40 CFR part 60 , Appendix B, incorporated by reference in s. NR 484.04 (21).

(7m) Continuous emissions monitoring systems for measuring VOCs shall comply with all the provisions and requirements

in the department's approval issued under s. NR 439.095 (1).

(8) The owner or operator of a continuous emissions monitoring system shall comply with the quality control and quality assurRegister July 2009 No. 643
197 DEPARTMENT OF NATURAL RESOURCES

ance plan submitted by the owner or operator of the source and

approved by the department.

(9) Continuous emissions monitoring systems shall meet the

following minimum frequency of operation requirements:

(a) Opacity monitors shall complete one cycle of sampling and

analyzing for each successive 10-second period and one cycle of

data recording for each successive 6-minute period.

(b) Sulfur dioxide, nitrogen oxides, oxygen, carbon dioxide,

carbon monoxide, hydrogen sulfide, total reduced sulfur and

VOC monitors shall complete one cycle of sampling, analyzing

and data recording for each successive 15-minute period. The

values recorded shall be averaged hourly. Hourly averages shall

be computed from 4 data points equally spaced over each 1 hour

period, except during periods when calibration, quality assurance

or maintenance activities are being performed. During these periods, a valid hour shall consist of at least 2 data points separated by

a minimum of 15 minutes.

(10) The owner or operator of a continuous emissions monitoring system shall submit quarterly excess emission reports to the

department within 30 days following the end of each calendar

quarter in accordance with pars. (a) to (d). The owner or operator

shall submit either a full excess emission report under par. (a) or

a summary excess emission report under par. (d), as specified in

writing by the department.

(a) The full excess emission reports required under this subsection shall contain the following information:

1. The date and starting and ending times or duration of each

period of excess emissions and the magnitude of the emissions.

2. The periods of excess emissions that occur during startups,

shutdowns, sootblowing, control equipment malfunction , process

malfunction, fuel problems, other known causes or for unknown

causes. The report shall identify the cause of any malfunction and

the measures taken to reduce excess emissions.

3. The date and starting and ending time of any period during

which the monitoring system was inoperative for any reason or

causes, including monitor malfunction or calibration, except for

zero and span checks. The report shall identify the repairs or

adjustments made to the system.

4. The date and starting and ending time of any period during

which the process being monitored was inoperative.

. 5. When no period of excess emissions occurred during the

quarter and the monitoring system had no period of downtime, an

excess emissions report shall be filed stating such information.

(b) Unless otherwise specified by the department, in the

reports required under this subsection , periods of excess emissions shall be reported as follows:

1. For opacity, any 6-minute period during which the average

opacity exceeds the applicable emission limit.

2. For sulfur dioxide, any 24-hour rolling average during

which the average sulfur dioxide emissions exceed the applicable

emission limitation.

3. For nitrogen oxides, any 24-hour rolling average during

which the average nitrogen oxides emissions exceed the applicable emission limitation.

4. For carbon monoxide, any one-hour period during which

the average carbon monoxide emissions exceed the applicable

emission limitation.

5. For total reduced sulfur, any 24-hour rolling average during which the average total reduced sulfur emissions exceed the

applicable emission limitation.

(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 439.095

(d) The summary excess emission report shall be submitted on

a form provided by the department or in a format approved by the

department.

Hletory: Reaum. from NR 439.07 (3) and am., c r. (imro.), Reg iota, May, 1992,

No. 437, eff. 6-1-92; t and test (6) to (8), ¢ (9) and (10). Register, December, 1993.

No. 456, eff.1-1-94: ct (7m), an (9) (b). Regiaax, June, 1994, No. 462, eff. 7-1-94:

am. (1) to (7), Register. Feb<uary. 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 Continuous emission monitoring

requirements. (1) APPucAnluTY 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:

(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.

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

(c) Sulfuric acid plants identified in sub . (5) shall be monitored

for sulfur dioxide emissions.

(d) Nitric acid plants identified in sub. (5) shall be monitored

for nitrogen oxide emissions.

(e) Yeast manufacturing fermenters identified in sub . (5) shall

be monitored for VOCs.

(f) Phase I and phase 11 acid rain units identified in sub. (5)

shall be monitored for sulfur dioxide, nitrogen oxides, carbon

dioxide, stack flow rate and opacity.

(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.

(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.

(3) INSTALLA1toN 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.

(a) For new sources, monitoring and recording shall begin

upon startup.

(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.

(4) MONrrmRING SYSTEM MAIFUNCnoN . 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 sat

Register July 2009 No. 643
NR 439.095 WISCONSIN ADMINISTRATIVE CODE

isfaction of the department, that the malfunction was unavoidable

and is being repaired as expeditiously as practicable.

(5) MINIMUM MONrrORING 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).

(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:

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.

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 sulfir dioxide if one of the

following applies:

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.

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.

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

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).

(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

(c) Sulfuric acid plants. The owner or operator of a sulfuric

acid plant of greater than 300 tons per day production capacity,

expressed as 100% acid, shall install, calibrate, maintain and operate a continuous monitoring system for the measurement of sulfur

dioxide which meets the performance specifications of sub . (6) for

each sulfuric acid producing unit within the plant

(d) Fluid bed catalytic cracking unit catalyst regenerators at

petroleum rftneries. The owner or operator of a catalyst regener198

ator for fluid bed catalytic cracking units of greater than 20,000

barrels per day fresh feed capacity shall install, calibrate, maintain

and operate a continuous monitoring system for the measurement

of opacity which meets the performance specifications of sub. (6).

(e) Yeast manufacturing plants. The owner or operator of any

yeast manufacturing facility subject to s. NR 424.05 shall install,

calibrate, maintain and operate a continuous monitoring system

for the measurement of VOCs which meets the performance specifications of the department's approval issued under sub. (1) for

each fermenter which does not use add-on control equipment to

meet the emission limitations of s. NR 424.05 (2) (a).

(f) Phase I and phase Ha ffected units. The owner or operator

of any phase I or phase II affected unit shall install, calibrate,

maintain and operate a continuous monitoring system for the measurement of sulfur dioxide, nitrogen oxides, carbon dioxide, stack

flow rate and opacity which meets the performance specifications

in sub. (6) for each affected unit, or as approved by the department,

for a combination of affected units that share a common stack.

. (g) Other steam 'generating units sharing a common stack

The owner or operator of a combination of steam generating units

not regulated under par. (f) that share a common stack or duct may,

with department approval, install, calibrate, maintain and operate

a single continuous monitoring system for the measurement of

stack flow rate, opacity, sulfur dioxide, nitrogen oxides, total

reduced sulfur, carbon dioxide, VOCs and hazardous air contaminants that meets the performance specifications in sub. (6).

(6) PERPORMANcE sPECIFICAIIONS. The owner or operator of

monitoring equipment installed to comply with this section shall

install, calibrate, maintain and operate the continuous emission

monitor in accordance with the 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), and the requirements

ins. NR 439.09. 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

Reoom from NR 439.075 (3) and am. Re ' 1992, No. 437,

eff. 6-1-44 cr (1) (e) and (5) (e), Register, Jume,1994, No. 462, eff. 7-1-94; am (6),

Register; February, 1995, No. 470 dfft 3-1-95; ¢ (1) (a (5) (t), am. (5) (a) (iouo.),

(6). Register, Apri1,1995, No. 472, eff. 5-1-95; am (2) (afro.), r. (2) (a), (b), Register Uemnbw. 1995. No. 480, eff 1-1-96; am (5) (a) 2. (m ao,), Register, December,

1996, No. 492, eff. 1-1-97; CR 02-146: am (1) (intro.), (a), (5) (a) (intro.), 1., 2.

(intro.) and b., 3. and 4., cr. (1) (g) and (5) (g) Register October 2003 M. 574, eff.

11-1-03.

NR 439.096 Methods and procedures for combustion optimization. The owner or operator of a unit subject to the

combustion optimization requirements of s. NR 428.05 (2) shall

comply with all applicable methods and procedures for combustion optimization listed in this section.

(1) GENERAL. All combustion optimizations conducted shall

be performed according to methods approved in writing by the

department The owner or operator responsible for combustion

optimizations shall follow the procedures in this section.

(2) CoMBusTIoN oprmamIioN NOTIFICATION AND PLAN sUBMITTAL The department shall be notified in writing at least 45

days in advance of a combustion optimization to provide the

department an opportunity to evaluate the plan and to have a representative present to witness the combustion optimization procedures. The notice shall provide a combustion optimization plan

which includes, but need not be limited to, the following information:

(a) The results of an engineering study of the process to be optimized. The engineering report shall identify and evaluate the

options available for modifications to the process that would optimize combustion while minimizing NOx emissions.

(b) A description of the process or operation variables which

affect the air contaminant source's emissions.

(c) A description of the process to be optimized.

Register July 2009 No. 643
198-1 DEPARTMENT OF NATURAL RESOURCES

(d) A description of the sampling equipment and the combustion optimization methods and procedures to be used.

(e) The date and starting time of the combustion optimization.

(f) A description of the number and location of any sampling

ports and sampling points and an identification of the combustion

gases to be sampled.

(g) A statement indicating the production rate and the operating conditions at which the combustion optimization will be conducted.

(3) COMBUSTION OP'r1MIZATION PLAN EVALUATION. In evaluating the combustion optimization plan, the department shall

respond to the source owner or operator within 15 business days

of receipt of the plan and may require one or more of the following

activities:

(a) A pre-combustion optimization conference which

includes the owner or operator of the source, the person conducting the combustion optimization and the department to discuss

any deficiencies in the plan or settle any combustion optimization

procedure questions the department, the person conducting the

combustion optimization or the source owner or operator might

have.

(b) Any change to the sampling method that is deemed necessary by the department to conduct a proper combustion optimization.

(c) A rescheduling of the combustion optimization to accommodate witnessing or source production schedules.

(4) NOTIFICATION OF COMBUS11ON OPTIMIZATION PLAN REVISION. The source owner or operator shall notify the department of

any modifications to a combustion optimization plan at least 5

business days prior to the combustion optimization. In the event

the owner or operator is unable to conduct the combustion optimization on the date specified in the plan, due to unforeseeable

circumstances beyond the owner or operator 's control, the owner

or operator shall notify the department at least 5 business days

prior to the scheduled combustion optimization date and specify

the date when the combustion optimization is to be rescheduled

(5) PROPER FACILITIES FOR COMBUSTION OPTBbZATION. The

department may require the owner or operator of a source to provide proper facilities for conducting combustion optimization

tests which may include the testing facilities listed ins. NR 439.07

(5) (a) to (e).

(6) wTINESSING REQUIREMENTS . The department may require

that a department representative be present at any combustion

optimization. The department may require the following activities:

(a) The department may require the person conducting the

combustion optimization to provide the department a copy of all

test data and equipment calibration data prepared or collected for

the combustion optimization.

(b) The department may require the source owner or operator

and person conducting the combustion optimization to correct any

deficiency in the performance of the combustion optimization

provided that the department notifies the source owner or operator

and person conducting the combustion optimization of the deficiency as soon as it is discovered . The failure of a source owner

or operator and person conducting the combustion optimization

to correct any deficiency may result in the department refusing to

accept the results of the combustion optimization.

(7) COMBUSTION OPIiMIZATION EQUIPMENT CALIBRATION

REQutRBMBN1s. The components of any emission sampling train

or associated sampling equipment listed in this subsection shall be

calibrated not more than 60 days before the test. This includes the

following:

(a) Any equipment used to measure gas velocity.

(b) Any equipment used to meter sample gas volume.

(c) Any equipment used to regulate sample gas flow.

NR 439.096

(d) Any equipment used to measure temperature.

(e) Any gas sampling nozzle used during the emission test.

(t) Any equipment used to determine gas molecular weight.

(g) Any other sampling equipment that requires periodic calibration.

(8) PROCEDURES FOR CONDUCTING COMBUSTION OPrIvIZATIONS. Any emissions testing conducted in conjunction with combustion optimization shall be conducted in accordance with s. NR

439.07. The combustion optimization shall include the following

procedures:

(a) An engineering study to identify the optimized combustion

profile or equipment modifications needed to optimize combustion. The study shall address, but is not limited to, the modification of the following systems: fuel delivery, burner, primary and

secondary combustion monitoring , combustion air delivery and

burner management.

(b) The combustion optimization shall be based on burner

tune-up procedures which result in maximum combustion efficiency and a low NOx operating curve. This curve shall determine

the operating range of combustion variables such as CO and 02

at set points within the following ranges: 20-30% load, 45-55%

load, 70-80% load and 95-100% load, for those set points that

represent at least 10% of boiler operating hours in a typical year.

(c) A continuous combustion analyzer shall be used to monitor

the operation of the combustion unit in accordance with the combustion efficiency and low NOx operating curve required under

this section. The analyzer shall monitor the combustion parameters CO and 02 or monitor NOx directly. The fuel flow rate shall

be monitored.

(9) COMBUSTION OPT MIZATION REPORTING REQuwmAm TS.

The owner or operator of a source that conducts a combustion

optimization shall submit a copy of the report of the combustion

optimization to the department within 60 days after its completion. If requested, the department may grant an extension of up

to 30 days for combustion optimization report submittal. The failure to include the following information in a combustion optimization report may result in rejection of the combustion optimization. The combustion optimization report shall include, but

need not be limited to, the following information:

(a) A detailed description of the process optimized and the procedures employed.

(b) A log of the operating conditions of the process optimized

and of any associated air pollution control device.

(c) A summary of results, expressed in terms of the concentra-.

tions of NOx, 02 and CO, prior to and following the combustion

optimization.

(d) Sample calculations employing all the formulas used to

calculate the results.

(e) The field and laboratory data for the optimization.

(f) The engineering study and combustion efficiency and low

NOx operating curve required under sub. (8) (a) and (b).

(g) The report of any visible emission evaluations performed

during the combustion optimization.

(h) A copy of any steam, opacity or airflow charts made during

the optimization.

(i) The report of any fuel analysis performed on the fuel burned

during the optimization.

(j) Documentation of any process upset occurring during the

optimization.

(k) If the combustion optimization being conducted is one

required-under sub. ( 10), the changes made to the process or control device since the last test

(10) ADDITIONAL COMBUSTION ornmuATIONS. (a) The

department may require an N0 emissions source to conduct an

additional combustion optimization if the department determines

that a source has not satisfied the requirements of sub. (8) or (9).

Regimrr July 2009 No. 643
NR 439.096 WISCONSIN ADMINISTRATIVE CODE

(b) Combustion units that are modified sources with respect to

NOR due to a change in the method of operation shall perform a

new combustion optimization including the determination of a

new combustion efficiency and low NOR operating curve.

History: Cr. Register, January. 2001. No. 541, eff. 2-1-01.

NR 439.098 Methods and procedures for parametric testing of NOx emissions pursuant to an acid rain

program alternative NO, emission limitation. (1) The

owner or operator of an affected unit subject to the requirements

of s. NR 409.065 may use the following tests as a basis for the

report required by s. NR 409.065 (6) (e) 7.

(a) An ultimate analysis of coal conducted according to ASTM

D 3176-89, incorporated by reference in s. NR 484.10 (44).

(b) A proximate analysis of coal conducted according to

ASTM D 3172-89, incorporated by reference in s. NR 484.10

(41m).

(c) A measurement of the coal mass flow rate to each individual burner using ASME Performance Test Code 4.2-1969 (1997)

or ISO 9931 (1991), incorporated by reference ins. NR 484.11 (6)

and (8).

(2) The owner or, operator of an affected unit subject to the

requirements of s. NR 409.065 may measure and record the actual

NOR emission rate in accordance with the requirements of s. NR

409.065 while varying the following parameters where possible

to determine their effects on the emissions of NOx from the

affected boiler.

(a) Excess air levels.

(b) Settings of burners or coal and air nozzles, including tilt

and yaw, or swirl.

(c) For tangentially fired boilers, distribution of combustion

air within the NOR emission control system

(d) Coal mass flow rates to each individual burner.

(e) Coal-to-primary air ratio (based on pound per hour) for

each burner, the average coal-to-primary air ratio for all burners,

and the deviations of individual burners' coal-to-primary air

ratios from the average value.

(f) If the boiler uses varying types of coal, the type of coal; in

this case the owner or operator shall provide the results of proximate and ultimate analyses of each type of as-fired coal.

(3) In performing the tests specified in sub. (1), the owner or

operator shall begin the tests using the equipment settings -for

which the NOx emission control system was designed to meet the

NOR emission rate guaranteed by the primary NOR emission control system vendor. These results constitute the baseline controlled condition.

(4) After establishing the baseline controlled condition under

sub. (3), the owner or operator may do any of the following:

(a) Change excess air levels ± 5% from the baseline controlled

condition to determine the effects on emissions of NOR, by providing a minimum of 3 readings.

Nate: For example, with a baseline reading of 20% excess air, eras air keels

will be dtanged to 19% and 21%.

(b) For tangentially fired boilers, change the distribution of

combustion air within the NOR emission control system to determine the effects on NOR emissions by providing a minimum of 3

readings, one with the minimum, one with the baseline, and one

with the maximum amounts of staged combustion air.

(c) Show that the combustion process within the boiler is optimized.

Note: For example, boiler optimization can mean that the burners are

balanced.

History: Cr. Re& W, November, 1999, No. 527, eff.12-1-99; correction in (1)

(c) made under s. 13.93 (2m) (b) 7., Stem., Register August 2001 No. 548.

NR 439.10 Circumvention. No person may cause, allow

or permit the installation or use of any article, machine, equip198-2

meat, 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.

eff.1 -86; re

Renum from NR 154.06

num. from NR 439.08 and

(8), Register,

Register. September, 987, N

No.

o. ^,

eff. 10-1 -87; CR 02-146: am. Register October 2003 No. 574, eft 11-1-03.

NR 439.11 Malfunction prevention and abatement

plans. (1) The owner or operator of any direct or portable source

which may emit hazardous substances or emits more than 15

pounds in any day or 3 pounds in any hour of any air contaminant

for which emission limits have been adopted shall prepare a malfunction prevention and abatement plan to prevent, detect and correct malfunctions or equipment failures which may cause any

applicable emission limitation to be violated or which may cause

air pollution. The plan shall be in writing and updated at least

every 5 years, and shall include:

(a) Identification of the individual responsible for inspecting,

maintaining and repairing the air pollution control equipment.

(b) The maximum intervals for inspection and routine maintenance of the air pollution control equipment . The maximum interval for routine inspection and maintenance may not exceed that

recommended by the manufacturer unless otherwise specified in

a plan prepared under this section.

(c) A description of the items or conditions that will be

checked.

(d) A listing of materials and spare parts that will be maintained in inventory.

(e) A description of the corrective procedures that will be taken

in the event of a malfunction or failure which results in the exceedance of the applicable emission limitation. These corrective procedures shall achieve and maintain compliance with the applicable emission limitations as expeditiously as possible but not

longer than the time necessary to discontinue operation of the

source consistent with safe operating procedures.

(f) A description of the activities and maximum intervals for

routine maintenance and inspection of instrumentation installed

and operated to monitor the operation of air pollution control

equipment as required under s. NR 439.055 (1 ). The maximum

interval for inspection and routine maintenance may not exceed

that recommended by the manufacturer of the instrumentation

unless otherwise specified in a plan prepared under this section.

(g) The calibration schedule for any device which monitors

either a source or air pollution control equipment operational variables. The time between calibrations may not exceed one year or

as specified in a plan prepared under this section, whichever is

shorter.

(h) Such other information as the department may deem pertineat.

(2) The department may order any owner or operator to submit the plan required by sub. (1) for review and approval. The

department may amend the plan if deemed necessary for malfunction prevention or the reduction of excess emissions during malfunctions.

(3) No owner or operator may fail to carry out a plan required

under sub. (1) or as amended under sub. (2).

(4) All air pollution control equipment shall be operated and

maintained in conformance with good engineering practices to

minimize the possibility for the exceedance of any emission limitations.

History: Renum. from NR 154.06 (9) and am. Register, September, 1986, No.

369, eff.10-1-86; r um. from NR 439.09 and am Register. September, 1987, No.

381, of .10-1-87; am. (1) (g), Register, May, 1992, No. 437, eff. 6-1-92; an (1)

(intro.) and (b). L and rat. (1) (e) to (g), Register, December, 1993, No. 456, eff.

1-1-94.
WISCONSIN DEPARTMENT OF NATURAL RESOURCES

BUREAU OF AIR MANAGEMENT

STATE IMPLEMENTATION PLAN REVISION

CERTIFICATION

Pursuant to the requirements of 40 CFR s. 51.102(f), I hereby certify that the Wisconsin

Department of Natural Resources held the hearing described below ; that the hearing was

held in accordance with the public notice (copy attached), as required by 40 CFR s.

51.102(d); and that I was the presiding officer at the hearing.

Subject:

Revisions to SIP relating to VOC emission controls for certain operations within the

synthetic organic chemical manufacturing industry.

Hearing held:

Wednesday, January 28, 2009 in Milwaukee , Wisconsin.

Written comments were received until February 9, 2009.

Thomas F. Steidl

BUREAU OF LEGAL SERVICES

Subscribed and sworn to before me

this d^ day of AtsLCjiS4 2009 .

Notary Public, State of\VVisconsin

My commission is permanent.

^oFV^SV,,,,^ /1/11 11 ! NIIIII