reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 432 - Allocation of clean air interstate rule NOx allowances › Section NR 432.08 - Superior environmental performance

Current through June 24, 2024
(1) The owner or
			operator of a CAIR NOx unit or a CAIR renewable unit may
			voluntarily perform activities that constitute superior environmental
			performance as defined in s.
			299.83(1)
			(g), Stats., for participation in Tier II of
			the environmental results program under ss.
			299.80
			and
			299.83, Stats.
			These voluntary activities may include any of the following:
(a) Agreeing never to use a specified amount
			of CAIR NOx allowances or CAIR
			NOx ozone season allowances.
(b) Agreeing not to use a specified amount of
			CAIR NOx allowances or CAIR NOx
			ozone season allowances prior to a specified future year.
(c) Agreeing to reduce emissions of other
			pollutants such as sulfur dioxides, mercury, carbon dioxide or heavy metals
			beyond levels required by federal and state laws.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 433 - Protection of visibility by application of best available retrofit technology › Section NR 433.01 - Applicability; purpose

Current through June 24, 2024
(1) APPLICABILITY. The provisions of this
			chapter apply to facilities having one or more BART-eligible sources.
(2) PURPOSE. This chapter is adopted under s.
			285.11,
			Stats., to establish the procedures for controlling emissions of air pollutants
			from BART-eligible sources which may reasonably be anticipated to cause or
			contribute to any visibility impairment in any mandatory class I federal
			area.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 433 - Protection of visibility by application of best available retrofit technology › Section NR 433.02 - Definitions

Current through June 24, 2024
The definitions contained in ch. NR 400 apply to the terms
			  used in this chapter. In addition, the following definitions apply to the terms
			  used in this chapter:
(1)
			"BART-eligible source" means any of the stationary sources of air pollutants
			listed in this subsection, including any reconstructed source, which was not in
			operation prior to August 7, 1962, and was in existence on August 7, 1977, and
			which has the potential to emit 250 tons per year or more of any visibility
			impairing air pollutant. In determining potential to emit, fugitive emissions,
			to the extent quantifiable, shall be counted. The stationary sources are as
			follows:
(a) Fossil fuel-fired steam electric
			plants of more than 250 million Btu per hour heat input, except for
			cogeneration units that supply 1/3 or less of their potential electric output
			capacity and 219,000 megawatt-hours or less actual electric output on an annual
			basis to any utility power distribution system for sale.
(b) Coal cleaning plants (thermal
			dryers).
(c) Kraft pulp
			mills.
(d) Portland cement
			plants.
(e) Primary zinc
			smelters.
(f) Iron and steel mill
			plants.
(g) Primary aluminum ore
			reduction plants.
(h) Primary
			copper smelters.
(i) Municipal
			incinerators capable of charging more than 250 tons of refuse per
			day.
(j) Hydrofluoric, sulfuric,
			and nitric acid plants.
(k)
			Petroleum refineries.
(l) Lime
			plants.
(m) Phosphate rock
			processing plants.
(n) Coke oven
			batteries.
(o) Sulfur recovery
			plants.
(p) Carbon black plants
			(furnace process).
(q) Primary lead
			smelters.
(r) Fuel conversion
			plants.
(s) Sintering
			plants.
(t) Secondary metal
			production facilities.
(u) Chemical
			process plants.
(v) Fossil fuel
			boilers of more than 250 million Btu per hour heat input.
(w) Petroleum storage and transfer facilities
			with a capacity exceeding 300,000 barrels.
(x) Taconite ore processing
			facilities.
(y) Glass fiber
			processing plants.
(z) Charcoal
			production facilities.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 433 - Protection of visibility by application of best available retrofit technology › Section NR 433.03 - Identification of sources subject to BART

Current through June 24, 2024
(1) On or before
			September 29, 2008, the department shall identify all BART-eligible sources
			that may reasonably be anticipated to cause or contribute to any visibility
			impairment in any mandatory class I federal area according to the criteria and
			procedures in this section and the applicable guidelines in 40 CFR part 51,
			Appendix Y, incorporated by reference in s.
			NR
			484.04(11m). These sources are
			identified as sources subject to BART. The department may request in writing
			information that is required for the identification of sources subject to BART
			from the owner or operator of a BART-eligible source. The owner or operator of
			the source shall submit to the department true, accurate and complete
			information in writing within a reasonable time period specified by the
			department in its request.
(2) The
			department shall identify sources subject to BART by using an air quality
			modeling analysis to estimate the individual contribution of each BART-eligible
			source to visibility impairment in a mandatory class I federal area. The
			department shall use an air quality model approved by the EPA and conduct the
			air quality modeling analysis according to procedures that include all of the
			following:
(a) The department shall apply the
			air quality model to each BART-eligible source for calendar years 2002, 2003
			and 2004.
(b) The individual
			contribution to visibility impairment shall be calculated on a daily basis,
			using emission rates reflecting steady-state operating conditions during
			periods of high capacity utilization of the source. These emission rates shall
			reflect either the maximum actual emission rates provided by the owner or
			operator, if available and approved by the department, or the source's
			potential to emit. The maximum actual emission rates shall be the 24-hour
			average actual emission rate from the highest emitting day of the
			meteorological period modeled, unless this rate reflects periods of start-up,
			shutdown or malfunction. The source's potential to emit shall be averaged over
			24 hours or shorter periods of time.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 433 - Protection of visibility by application of best available retrofit technology › Section NR 433.04 - BART analyses

Current through June 24, 2024
(1) No later than 180 days after the
			department sends a notification under s.
			NR
			433.03(4) that a source is subject to
			BART, the owner or operator of the source shall conduct and submit to the
			department a BART analysis for all emissions units which comprise the
			BART-eligible source. If the owner or operator submits a written request for an
			extension prior to the BART analysis submittal deadline date, the department
			may grant an extension of up to 60 days to the submittal deadline. The BART
			analysis shall contain all information necessary to evaluate all available
			retrofit control technologies for each unit and to determine the level of
			control that is BART for the unit, including all of the following:
(a) A list of all emissions units which
			comprise the BART-eligible source within the facility.
(b) All available retrofit emission control
			technologies for each visibility impairing pollutant emitted by each unit
			subject to BART at the facility.
(c) An evaluation of each control technology
			identified in par. (b), considering all of the following factors:
1. The costs of compliance.
2. The energy and non-air quality
			environmental impacts of compliance.
3. Any existing pollution control technology
			in use at the source.
4. The
			remaining useful life of the source.
5. The degree of improvement in visibility
			which may reasonably be anticipated to result from the use of the
			technology.
(d)
			Procedures for an initial performance test and for demonstrating compliance
			with the emission limits representing BART on a continuous basis including
			continuous emission monitoring, recordkeeping, and reporting according to the
			applicable requirements of ch. NR 439 or 440.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 433 - Protection of visibility by application of best available retrofit technology › Section NR 433.05 - Determination of BART requirements

Current through June 24, 2024
(1) PRELIMINARY
			DETERMINATION.
(a) The department shall make a
			preliminary determination of the BART requirements for each emissions unit
			which comprises the sources subject to BART based on the information in the
			BART analysis required under s.
			NR
			433.04 and other available information. The
			preliminary BART determination for each facility shall include all of the
			following elements:
1. A list of all
			emissions units which comprise the source subject to BART.
2. A determination of the BART requirements
			for each emissions unit.
3.
			Requirements for initial performance tests and for demonstrating compliance
			with the emission limits representing BART on a continuous basis, including
			emission monitoring, recordkeeping and reporting.
4. The requirement that the owner or operator
			of each source subject to BART shall install and operate BART as expeditiously
			as practicable, but in no event later than December 31, 2015.
5. The requirement that the owner or operator
			of each source subject to BART shall maintain the control equipment required by
			the BART determination and establish procedures to ensure the equipment is
			properly operated and maintained.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 436 - Emission prohibition, exceptions, delayed compliance orders and variances › Section NR 436.01 - Applicability; purpose

Current through June 24, 2024
(1) APPLICABILITY. This chapter applies to
			all air contaminant sources and to their owners and operators.
(2) PURPOSE. This chapter is adopted under
			ss.
			285.11,
			285.13
			and
			285.17,
			Stats., to specify that emissions into the ambient air in excess of the
			limitations set in chs.
			NR
			400 to
			499 are prohibited and to
			establish the conditions under which the department may grant exceptions,
			delayed compliance orders and variances to these emission limitations in order
			to protect air quality.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 436 - Emission prohibition, exceptions, delayed compliance orders and variances › Section NR 436.02 - Definitions

Current through June 24, 2024
The definitions contained in ch. NR 400 apply to the terms
			  used in this chapter. In addition, the following definitions apply to the terms
			  used in this chapter:
(1) "Emergency
			or reserve equipment" means that equipment used when normal equipment fails, or
			used only to meet high peak loads.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 436 - Emission prohibition, exceptions, delayed compliance orders and variances › Section NR 436.03 - Emissions prohibited

Current through June 24, 2024
(1) GENERAL PROHIBITION. No person may cause,
			allow or permit emissions in excess of the limits set in chs.
			NR
			400 to
			499. Where a numerical limit is
			specified as a 2 digit integer in which the second digit is zero, the zero is a
			significant figure.
(2) EXCEPTIONS.
			Emissions in excess of the emission limitations set in chs.
			NR
			400 to
			499 may be allowed in the
			following circumstances:
(a) When an approved
			program or plan with a time schedule for correction has been undertaken and
			correction is being pursued with diligence.
(b) When emissions in excess of the limits
			are temporary and due to scheduled maintenance, startup or shutdown of
			operations carried out in accord with a plan and schedule approved by the
			department.
(c) The use of
			emergency or reserve equipment needed for meeting of high peak loads, testing
			of the equipment or other uses approved by the department. Such equipment must
			be specified in writing as emergency or reserve equipment by the department.
			Upon startup of this equipment notification must be given to the department
			which may or may not give approval for continued equipment use.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 436 - Emission prohibition, exceptions, delayed compliance orders and variances › Section NR 436.04 - Delayed compliance orders

Current through June 24, 2024
(1) ORDER
			AUTHORITY. The department may, by order issued under ss.
			285.13(2)
			and
			285.83,
			Stats., authorize a source not in compliance with an emission limitation
			prescribed in chs.
			NR
			400 to
			499 to achieve compliance as
			expeditiously as practicable but not later than 3 years after such requirement
			became applicable. The department shall hold a public hearing in accordance
			with its rules prior to authorizing any period of delayed compliance which
			exceeds 30 days in duration.
(2)
			CRITERIA FOR ISSUANCE OF ORDERS. No order under sub. (1) may be issued unless:
(a) The cause of the violation was a
			malfunction, equipment failure, act of God or some other condition beyond the
			entity's control, when using all prudent planning.
(b) The air contaminant source is located so
			that it will not delay attainment or affect maintenance of an ambient air
			quality standard at any point beyond the property line of the entity.
(c) Good faith efforts have been made to
			comply with chs.
			NR
			400 to
			499.
(d) If the violation was caused by a
			malfunction or equipment failure, any plan required to be prepared by s.
			NR
			439.11 was complied with.
(e) The air contaminant for which a deferral
			is sought is not a hazardous pollutant for which an emission standard has been
			established by the administrator.
(f) The conditions listed in s.
			NR 436.03,
			if applicable, are met.
(g) The
			order contains:
1. An express provision
			whereby the order recipient consents to its issuance.
2. A requirement that the order recipient
			employ reasonable emission monitoring techniques to assess compliance with any
			interim requirements imposed by the order.
3. A requirement for submittal of reports
			showing whether any interim requirements, increments of progress, and final
			compliance have been achieved.
4. A
			provision prohibiting the reduction of employe wages where supplemental,
			intermittent or other dispersion-dependent control methods are to be
			used.
5. In the case of a major
			stationary source, a notice that it may be required to pay administrative
			noncompliance penalties for failure to comply with the order and that no order
			issued under this section will be effective until it is approved by the
			administrator or designee.
(h) All reasonably available alternative
			operating procedures and interim control measures to minimize emissions shall
			be utilized by the air contaminant source during the period of delayed
			compliance.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 436 - Emission prohibition, exceptions, delayed compliance orders and variances › Section NR 436.05 - RACT variances

Current through June 24, 2024
(1) VARIANCE AUTHORITY. The department may
			grant source-specific revisions to the state implementation plan setting
			alternate compliance schedules or alternate emission limitations, or both,
			where compliance with general RACT requirements of chs.
			NR
			400 to
			499 are shown to be
			technologically or economically infeasible.
(2) VARIANCE CRITERIA. A variance under sub.
			(1) may not be issued unless:
(a) The
			revision will not delay attainment or prevent maintenance of any ambient air
			quality standard, as determined by methods acceptable to the
			department.
(c) The owner or
			operator of the air contaminant source for which a revision is requested
			demonstrates that all other direct or portable sources owned or operated in the
			state by the person are in compliance with all applicable requirements of chs.
			NR
			400 to
			499 or are on a schedule for
			compliance with the requirements.
(d) The owner or operator submits to the
			department information concerning the conditions or special circumstances which
			demonstrates, to the department's satisfaction, that the applicable general
			RACT requirements from which variance is sought are technologically or
			economically infeasible. In addition:
1.
			Where an alternate compliance schedule is sought, the owner or operator shall
			submit a proposed schedule which demonstrates reasonable further progress and
			contains a date for final compliance as soon as practicable.
2. Where alternate emission limitations are
			sought, the owner or operator shall submit proposed emission
			limitations.
3. Requests for
			revisions shall be signed by the principal executive officer; partner; sole
			proprietor; or principal governmental executive or elected official or a duly
			authorized representative, as appropriate.
4. Requests shall contain other relevant
			information as required by the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 436 - Emission prohibition, exceptions, delayed compliance orders and variances › Section NR 436.06 - Alternate fuel variances

Current through June 24, 2024
The department may grant temporary variances from the
			  emission limitations of chs.
			  NR
			  400 to
			  499 to air contaminant sources
			  which request such variances in order to switch from a regular fuel to an
			  alternate fuel which is in more plentiful supply, provided that the conditions
			  of this section are met.
(1) If the
			department of administration, division of energy and intergovernmental
			relations has certified that a switch from the fuel regularly used by the
			applicant to an alternate fuel which would cause an emission limitation to be
			exceeded is needed to protect public health, safety or welfare in the
			applicant's part of the state, the department may grant a temporary variance
			from the requirements provided that all of the following conditions are met:
(a) The applicant has submitted a list of
			steps which will be implemented without delay to minimize adverse effects
			caused by the switch in fuels permitted by the variance, including all feasible
			steps to minimize use of the alternate fuel through energy conservation and
			other measures.
(b) The applicant
			has provided, or has agreed to provide within 5 days after the date the
			variance is granted, information on the type, quantity and quality of fuel and
			rate of consumption in use before and to be used after the switch in
			fuels.
(c) Granting the variance
			would be unlikely to cause or exacerbate a violation of any primary ambient air
			quality standard.
(d) Litigation
			for violation of an emission limitation prescribed in chs.
			NR
			400 to
			499 or an ambient air quality
			standard prescribed in ch. NR 404 is not presently pending.
(e) The applicant has agreed to submit no
			later than 90 days from the date that the variance is granted a plan and time
			schedule for preventing the recurrence of the conditions which necessitated a
			variance request.
(f) The applicant
			submitted and implemented in good faith any plan required to be submitted as a
			condition to a previously-granted variance.
(g) After July 1, 1978, if the applicant uses
			natural gas or distillate oil as a regular fuel, the applicant has submitted
			and received department approval of a plan to minimize dependence on these
			fuels while complying with the emission limitations of chs.
			NR
			400 to
			499.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 436 - Emission prohibition, exceptions, delayed compliance orders and variances › Section NR 436.07 - Duty to comply with applicable provisions

Current through June 24, 2024
The issuance or granting of any order or variance under this
			  chapter does not relieve any person of the duty to comply with all other
			  applicable federal, state and local laws and rules.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 437 - Voluntary emission reduction registry › Section NR 437.01 - Applicability; purpose

Current through June 24, 2024
(1) APPLICABILITY. This chapter applies to
			any person who wants to register emission reductions or avoided emissions of
			greenhouse gases or air contaminants, or carbon sequestration, if the emission
			reduction, emission avoidance or carbon sequestration occurs before it is
			required by law or results in emissions which are lower than those allowed by
			law.
(2) PURPOSE.
(a) This chapter is adopted under ss.
			227.11(2)
			(a) and
			285.78,
			Stats., to establish a system under which the department registers emission
			reductions or avoided emissions of greenhouse gases or air contaminants or
			carbon sequestration, if the emission reduction, avoided emissions or carbon
			sequestration occurs before it is required by law or results in emissions which
			are lower than those allowed by law.
Note: Emission reductions may be used to comply with existing
			  regulations if they meet the provisions specified in the applicable regulation.
			  Examples of existing regulations are the emission offset requirements of s.
			  NR 408.06 and
			  the internal offsets compliance option in s.
			  NR 425.05.
			  Registrants should be aware that registration under this chapter does not
			  guarantee that the emission reductions meet the requirements of the applicable
			  regulation. Once used to meet a regulatory requirement, the emission reductions
			  are no longer eligible for registration under this chapter.
(b) The purpose of the registry is to ensure,
			to the greatest extent possible, that efforts undertaken voluntarily by persons
			in Wisconsin to reduce or avoid emissions of greenhouse gases or air
			contaminants or to sequester carbon are publicly recognized and that these
			reductions are considered under future mandatory federal or state emission
			reduction programs.
(c) The
			department shall consider the information recorded in the registry under this
			chapter when determining baselines and reduction requirements under future
			emission reduction programs implemented under state authority, to the extent
			allowed under state law.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 437 - Voluntary emission reduction registry › Section NR 437.03 - Eligibility

Current through June 24, 2024
Any person may register VERs under this chapter. VERs may be
			  registered if they meet all of the following requirements, as
			  applicable:
(1) The VERs are not
			required by or go beyond the requirements of law. The following are examples of
			VERs that are eligible for registration:
(a)
			VERs that result from actions taken to comply with a law that result in
			reductions of greenhouse gas or air contaminant emissions that are not required
			by or go beyond those required by law.
(b) VERs that are made after an applicable
			law is in effect but before the reduction is required by law.
(c) VERs that are made and are reflected in
			an air pollution control permit, as long as the level of reduction is beyond
			what is required by law.
Note: A VER may be reflected in an air pollution control
			  permit when, for example, the permit contains a requirement to use air
			  pollution control equipment which reduces emissions beyond what is required by
			  law. VERs that are later used to meet netting or offset requirements or to
			  qualify as a synthetic minor source under air permitting requirements are no
			  longer eligible for registration under this chapter.
(d) VERs that are part of a contractual
			agreement with the department, as defined within the contractual
			agreement.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 437 - Voluntary emission reduction registry › Section NR 437.05 - Baseline determination

Current through June 24, 2024
Any person wishing to register a VER shall determine a
			  baseline in order to quantify the amount of emissions reduced or avoided or the
			  amount of carbon sequestered, except as provided in sub. (4). Baselines shall
			  be determined as follows:
(1) STANDARD
			BASELINE.
(a)
Emission
			reductions
. Baselines for emission reduction actions shall be
			determined as the average annual actual emissions or emission rate for the 2
			years immediately preceding the year in which the VER action is
			taken.
(b)
Avoided
			emissions
.
1. Baselines for
			renewable energy projects shall be determined as the average annual emission
			rate for the Wisconsin generating system of the electric power generator whose
			emissions are avoided by the renewable energy project, in terms of mass per
			unit of energy produced. The average annual emission rate shall be the average
			of the emission rates for the 2 years immediately preceding the year in which
			the VER action is taken.
2.
			Baselines for energy efficiency projects shall be determined as the average
			annual emission rate for the Wisconsin generating system of the electric power
			generator whose emissions are avoided by the energy efficiency project, in
			terms of mass per unit of energy produced. The average annual emission rate
			shall be the average of the emission rates for the 2 years immediately
			preceding the year in which the VER action is taken.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 437 - Voluntary emission reduction registry › Section NR 437.06 - Quantifying and registering voluntary emission reductions and quantifying baselines

Current through June 24, 2024
(1) VERs and baselines shall be quantified on
			either a mass or a rate basis, or both. Mass-based VERs shall be quantified and
			registered as total tons or pounds per year. Rate-based VERs shall be
			quantified and registered as tons or pounds per unit of input or
			output.
(2) Greenhouse gas VERs and
			baselines shall be quantified in terms of carbon dioxide equivalents.
(3) Ozone precursor VERs and baselines may be
			quantified for the 5-month ozone season as defined in s.
			NR
			400.02(117), in terms of tons or
			pounds per day averaged over the ozone season, or they may be quantified on a
			calendar year basis, as tons per year.
(4) VERs and baselines shall be quantified on
			a calendar year basis. VERs shall be registered on a calendar year
			basis.
(5) VERs and baselines may
			be quantified on a project basis, facility basis or, for persons who own or
			operate multiple facilities within Wisconsin, a statewide basis. VERs may be
			registered on a project basis, facility basis or, for persons who own or
			operate multiple facilities within Wisconsin, on a statewide basis.
(6) VERs that result from projects to
			collect, store and dispose of mercury-containing products may be registered in
			terms of pounds of mercury collected, stored and disposed. The emission
			reduction resulting from the collection, storage and disposal of
			mercury-containing products need not be registered.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 437 - Voluntary emission reduction registry › Section NR 437.07 - Registration procedure

Current through June 24, 2024
(1) INITIAL REGISTRATION. Any person seeking
			to register VERs shall complete the registration forms and submit them to the
			department.
Note: Registration forms may be obtained from: Voluntary
			  Emission Reduction Registry, Wisconsin DNR, PO Box 7921, Madison WI 53707, or
			  they may be downloaded from the voluntary emission reduction registry web page
			  on the department's web site, which may be accessed at
http://www.dnr.state.wi.us
.
(2) REQUIRED INFORMATION FOR
			INITIAL REGISTRATION. The initial registration form shall include the following
			information:
(a) General information:
1. The name, address and telephone number of
			the applicant.
2. The location of
			the emission source, emission reduction project, renewable energy project or
			carbon sequestration project.
3.
			The name, title, telephone number, fax number and e-mail address, if available,
			of the contact for general and technical information about the
			registration.
4. If applicable, the
			appropriate 4 digit standard industrial classification code of the business or
			activity seeking to register VERs as specified in the Standard Industrial
			Classification Manual, 1987, incorporated by reference in s.
			NR
			484.05(1), and a brief description
			characterizing the nature of the business or other activity of the
			applicant.
5. If the source reports
			air contaminant emissions under ch. NR 438, the 9-digit facility identification
			number used in those reports.
6. If
			the VER is made at a facility which has an air pollution control permit, the
			air pollution control permit identification number or numbers.
7. For VERs that have been verified by a
			third party, the name and address of the person performing the verification and
			a brief description of the verification procedure.
8. A signed and dated statement by a
			responsible official stating that, to the best of his or her knowledge and
			belief, the information in the registration form is accurate, all of the
			requirements of this chapter have been met, and the VERs have not been
			registered under this chapter by another person.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 438 - Air Contaminant Emissions Inventory Reporting Requirements › Section NR 438.01 - Applicability; purpose

Current through June 24, 2024
(1) APPLICABILITY. This chapter applies to
				all air contaminant sources and to their owners and operators.
(2) PURPOSE. The purpose of this chapter is
				to establish, pursuant to ss.
				285.11,
				285.13,
				285.17,
				and
				299.15(1)
				and (2), Stats., requirements for submission
				of emissions inventories for owners or operators of air contaminant
				sources.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 438 - Air Contaminant Emissions Inventory Reporting Requirements › Section NR 438.04 - Content of emissions inventories

Current through June 24, 2024
(1) GENERAL
				INSTRUCTIONS. Emissions inventories required under this chapter shall be
				submitted in the manner prescribed by the department. Emissions inventories
				submitted by facilities shall contain the information specified under s. NR
				438.03 (1) and (3) and this section. Emissions shall be reported separately for
				each process or group of similar processes at each facility.
(2) FACILITY IDENTIFICATION AND GENERAL
				INFORMATION. For all facilities the emissions inventories shall include:
(a) The name and mailing address of the
				facility.
(b) The location address
				of the facility.
(d) The facility's
				applicable NAICS code and SIC code.
(f) The name, telephone number, mailing
				address, and email address of the individual to be contacted regarding the
				emissions inventory.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 439 - Reporting, Recordkeeping, Testing, Inspection AndDetermination Of Compliance Requirements › Section NR 439.01 - Applicability; purpose

Current through June 24, 2024
(1) APPLICABILITY. 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 chs.
			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 chs.
			NR
			400 to
			499, permits or orders may contain
			additional requirements.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 439 - Reporting, Recordkeeping, Testing, Inspection AndDetermination Of Compliance Requirements › Section NR 439.02 - Definitions

Current through June 24, 2024
The definitions contained in chs.
			  NR
			  400 and
			  407 apply to the terms used in
			  this chapter. In addition, the following definitions apply to the terms 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.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 439 - Reporting, Recordkeeping, Testing, Inspection AndDetermination Of Compliance Requirements › Section NR 439.03 - Reporting

Current through June 24, 2024
(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 chs.
			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.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 439 - Reporting, Recordkeeping, Testing, Inspection AndDetermination Of Compliance Requirements › Section NR 439.04 - Recordkeeping

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 439 - Reporting, Recordkeeping, Testing, Inspection AndDetermination Of Compliance Requirements › Section NR 439.05 - Access to records; inspections

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 439 - Reporting, Recordkeeping, Testing, Inspection AndDetermination Of Compliance Requirements › Section NR 439.055 - Methods and procedures for determining compliance using instrumentation of air pollution control equipment and source processes

Current through June 24, 2024
(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).
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 439 - Reporting, Recordkeeping, Testing, Inspection AndDetermination Of Compliance Requirements › Section NR 439.07 - Methods and procedures for periodic compliance emission testing

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 439 - Reporting, Recordkeeping, Testing, Inspection AndDetermination Of Compliance Requirements › Section NR 439.075 - Periodic compliance emission testing requirements

Current through June 24, 2024
(1) APPLICABILITY
			AND GENERAL REQUIREMENTS.
(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.