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 438.03 - Required emissions inventories

Current through June 24, 2024
(1) REPORTABLE AIR
				CONTAMINANTS AND LEVELS.
(a) Except as
				provided under par. (am), any person owning or operating a facility that emits
				an air contaminant in quantities above applicable reporting levels, except
				indirect sources of air pollution, shall annually submit to the department an
				emissions inventory of annual, actual emissions or, for primary particulate
				matter, primary PM 10, primary PM 2.5, sulfur dioxide, nitrogen oxides, carbon
				monoxide and volatile organic compounds, throughput information sufficient for
				the department to calculate its annual, actual emissions. The reportable air
				contaminants and applicable reporting levels are listed in Table 1 in this
				chapter.
(af) The owner or operator
				of a facility shall annually submit to the department an emissions inventory
				for sulfur dioxide, nitrogen oxides, carbon monoxide, volatile organic
				compounds, primary PM 10, primary PM 2.5, ammonia, and lead and lead compounds,
				if the facility meets any of the following:
1. The facility is a Part 70 major source, as
				defined under
				40
				CFR 70.2.
2. The facility is a nonattainment area major
				source, as defined under s. NR 408.02 (21).
3. The facility has the potential to emit
				equal to or greater than 100 tons per year of ammonia.
4. The facility has actual emissions equal to
				or greater than 0.5 ton per year of lead.
(am)
1. The
				owner or operator of a facility described by an SIC code listed in Table D of
				s. NR 445.11, or that has annual actual emissions of less than 5 tons of
				particulate matter and less than 3 tons of volatile organic compounds, may
				limit the information on hazardous air contaminants included in the annual
				emissions inventory to those contaminants identified under s. NR 445.11 (1) (a)
				or (b).
2. Notwithstanding subd.
				1., the owner or operator shall continue to report annual emissions of any air
				contaminant reported in prior calendar years for the facility, provided annual,
				actual emissions are greater than the reporting level in Table 1.
3. The owner or operator of a facility may
				exclude emissions from any of the following emissions units, operations, or
				activities from the annual emissions inventory:
a. Maintenance of grounds, equipment, and
				buildings, including lawn care, pest control, grinding, cutting, welding,
				painting, woodworking, general repairs, and cleaning, but not including use of
				organic compounds as clean-up solvents.
b. Boiler, turbine, generator, heating, and
				air conditioning maintenance.
c.
				Pollution control equipment maintenance.
d. Fire control equipment.
e. Janitorial activities.
f. Office activities.
g. Convenience water heating.
h. Convenience space heating units with
				combined heat input capacity of less than 5 million Btu per hour that burn
				gaseous fuels or liquid fuels.
i.
				Fuel oil storage tanks with a combined capacity of 10,000 gallons or
				less.
j. Stockpiled contaminated
				soils.
k. Demineralization and
				oxygen scavenging of water for boilers.
l. Purging of natural gas
				lines.
4. The owner or
				operator of a facility with emissions exceeding the reporting thresholds in
				this section shall include all emission units, operations, or activities in the
				annual emissions inventory. The owner or operator of a facility may exclude
				emissions information required under s. NR 438.04 (3) (d) for any emissions
				unit, operation, or activity that meets the criteria under s. NR 407.05 (4) (c)
				9. a. If the department determines that an emission unit, operation, or
				activity does not meet the criteria under s. NR 407.05 (4) (c) 9. a., the owner
				or operator shall include the emissions in the annual emissions
				inventory.
(b) When
				preparing an emissions inventory, the owner or operator of a facility may rely
				on information in an approved safety data sheet. Trace contaminants need not be
				reported if they constitute less than 1 percent (10,000 parts per million) of
				the material, or 0.1 percent (1,000 parts per million) of the material if the
				air contaminant is listed with a control requirement under column (i) of Table
				A, B or C of s. NR 445.07, unless a hazardous air contaminant is formed in
				processing the material.
(c)
				Notwithstanding par. (a) , the department may require any facility to submit an
				emissions inventory of its annual, actual and maximum theoretical air
				contaminant emissions.
(d) Any
				facility that generates or holds emission reduction credits shall report the
				credits separately to the annual emissions inventory.