—Sources required to have operation permits under s. 285.60, Stats., but not required to have permits under the federal Clean Air Act (CAA), as required by s. 285.17(4), Stats. These sources are sometimes referred to as “non-part 70 sources”. — Sources required to have permits under the CAA.
The proposed changes to ch. NR 439, Wis. Adm. Code, will maintain consistency with the CAA and protect air quality. The department continuously works to simplify, consolidate, and reduce frequency of reporting, monitoring, and recordkeeping requirements for all sources. The department has done this through rulemaking with Permit Streamlining Phase II (which became effective on October 1, 2020), by expanding permit options, improving permit and compliance processes and procedures, and creating online tools. Examples include: creating additional types of registration permits, accepting summary statements for compliance certification and monitoring requirements, offering optional electronic reporting and electronic signature for all compliance reporting, and reducing the frequency of department required emissions testing. This proposed rulemaking to revise ch. NR 439, Wis. Adm. Code, is part of the department’s ongoing effort to simplify reporting, monitoring, and recordkeeping requirements and make the process for demonstrating compliance more efficient, consistent with the applicable requirements of the CAA. In addition to the specific changes to each section described below, the department is proposing to make several types of general changes throughout ch. NR 439, Wis. Adm. Code, including: — Clarifying that many timelines set under the chapter for a particular number of days refer to calendar days.
— Converting many timelines given in business days to calendar days to simplify deadlines and reduce the potential for confusion.
— Clearly listing the content that shall be included as part of each submittal required under the chapter.
Additionally, the department is proposing to make the following specific changes to the individual sections of ch. NR 439, Wis. Adm. Code: NR 439.01 Applicability; purpose.
— Align cross references with federal requirements to reduce the need for frequent updates to cross references.
NR 439.02 Definitions.
— Update existing definitions to reflect contemporary industry practices.
— Create definitions for undefined terms in current rule language and new terms in proposed rule language.
NR 439.03 Reporting.
— Clarify reporting requirements by specifying submittal content and deadlines, using language consistent with federal requirements in 40 CFR part 70. — Create efficiencies by allowing monitoring reports and compliance certifications to be combined with other required reports.
— Move the requirement for immediate notification of hazardous substance air spills from s. NR 439.03(4)(a)1. to proposed s. NR 439.03(3m) to separate it from other deviation reporting requirements that do not require immediate notification. — Revise “next-business day reporting requirements” under s. NR 439.03(4)(am) for events that result in an emission limitation exceedance. Emission limitations include limits on the quantity, rate, or concentration of emissions of an air contaminant and only those operational or maintenance requirements that assure continuous emission reductions, including requirements to operate control equipment, equipment control efficiencies, or restrictions on duration of operation. — Instead of sources being required to report such events on the next business day, the department is proposing a tiered approach.
— For events which cause any emission limitation to be exceeded, the department is proposing that sources notify the department of the event within two business days and submit a report of the event within 10 calendar days. The department is requiring notification within two business days for those events that have the potential to impact public health or safety.
— For all other deviations from permit requirements the department is proposing to allow the source to report the event no later than the due date of the monitoring report required under s. NR 439.03(1)(b). — Move the exception for deviation reporting of visible emission limits detected by a continuous emission monitor from s. NR 439.03(4)(a)2. to proposed s. NR 439.03(4)(bm). The department is also proposing to expand the exception to 20% above the opacity limit rather than 10% and revise the timeframe for the exception to use six-minute averages consistent with federal averaging periods. — The department is also proposing an extended timeframe of two business days for reporting the shutdown, breakdown or malfunction of a continuous emission monitoring system that lasts more than seven calendar days under s. NR 439.03(5). — Delete s. NR 439.03(6) to remove advanced reporting because shutdown of required air pollution control equipment is a deviation that would be included in deviation reporting required under s. NR 439.03(4)(am). — Move the compliance certification content requirements of s. NR 439.03(8) to s. NR 439.03(1)(c) with other compliance certification requirements. Include language consistent with federal requirements from 40 CFR part 70. Include compliance certification requirements from 40 CFR parts 64 and 68. — Move rule language stating that no one may render inaccurate required monitoring devices or methods from s. NR 439.03(12) to s. NR 439.055(6m) to be more appropriately placed in the subsection related to parameter monitoring. Section NR 439.03 covers reporting requirements, while s. NR 439.055 covers compliance determination using air pollution control equipment. NR 439.04 Recordkeeping.
— Clarify which sources are required to keep records under this section.
— Clarify which records sources are required to keep.
— Provide flexibility to sources by allowing records to be maintained in paper, digital or electronic formats.
— Clarify recordkeeping requirements for sources of volatile organic compounds regulated under ch. NR 422. — Move the requirement that copies of records be retained for five years or for a period of time specified by the department from s. NR 439.04(2) to s. NR 439.05(4). NR 439.05 Access to records; inspections.
— Update section title to be more descriptive.
— Move record retention language from s. NR 439.04(2) to s. NR 439.05(4) and add clarifying language to make consistent with federal record retention requirements. NR 439.055 Methods and procedures for determining compliance using instrumentation of air pollution control equipment and source processes.
— Simplify repetitive text and clarify existing rule language.
— Add flexibility under sub. (4), which currently requires yearly calibration, by allowing parametric monitoring equipment to be calibrated, replaced, or validated as specified by the instrument manufacturer or as required by an applicable standard.
— Increase flexibility in the monitoring and recordkeeping allowed by removing equipment-specific monitoring parameters and frequencies under subs. (1) and (2).
— Identify the department’s authority to require monitoring instrumentation in an operation permit to meet requirements under s. NR 407.09. — Identify the specific records a source is required to keep to demonstrate that the monitoring instrumentation accuracy and calibration, replacement and validation requirements of subs. (3) and (4) are being met.
— Move language stating that no one may render inaccurate required monitoring devices or methods from s. NR 439.03(12) to a more appropriate location under s. NR 439.055 (6m). Section NR 439.03 covers reporting requirements, while s. NR 439.055 covers compliance determination using air pollution control equipment. — Move and simplify monitoring and measurement rule language from sub. (5) to sub. (2m) and from sub. (6) to sub. (1r).
NR 439.06 Methods and procedures for determining compliance with emission limitations (by air contaminant).
— Update s. NR 439.06 (intro.) to indicate that nothing in ch. NR 439 precludes the use of credible evidence or information relevant to whether a source would have been in compliance with applicable requirements. — Update and add alternative federal reference test methods for sources of PM10, organic compounds, sulfur compounds, lead and nitrogen compounds.
— Add specifications for carbon monoxide, nitrogen compounds, sulfur compounds, and visible emissions continuous emissions monitoring systems consistent with federal monitoring performance specifications.
— Delete exceptions under s. NR 439.06(3)(c) related to stage 2 vapor recovery rules, which were repealed by CR 15-077. NR 439.07 Methods and procedures for periodic compliance emission testing.
— Clarify language under sub. (1) concerning the emission test requirements for determining compliance with the emission limitations and standards.
— Clarify that compliance emission tests shall be performed under conditions resulting in maximum emissions, with control devices operating, and at capacity.
— Specify emission test plan and report content consistent with what is currently required by department forms and guidance.
— Clarify the required method for sampling port and platform installations.
— Update and provide alternative test methods for determining gas flow rate, heat input, boiler emission rate, and organic compound emission limit determination.
NR 439.075 Periodic compliance emission testing requirements.
— Reduce the need to update cross references by including corresponding references to current federal standards to identify sources subject to periodic testing.
— Delete compliance emission testing requirements under s. NR 439.075(3)(c) because the specific testing requirements are no longer required under the CAA 1990 Amendments. — Provide a compliance emissions testing extension for emissions units that are not in operation.
— Clarify the deadline for requesting compliance emission testing extensions.
NR 439.08 Methods and procedures for periodic fuel sampling and analysis.
— Update fuel sampling and analysis methods to currently available versions and incorporate newly available methods.
NR 439.085 Periodic fuel sampling and analysis requirements.
— Update fuel sampling and analysis methods to currently available versions.
NR 439.09 Methods and procedures for continuous emission monitoring.
— Update methods and cross references related to Continuous Emissions Monitoring Systems (CEMS) to be consistent with currently available federal methods and specifications.
— Add relevant federal performance specifications for pollutant CEMS that have become available since the last time ch. NR 439 was revised. — Clarify the circumstances under which a full excess emission report is required in addition to a summary excess emission report.
— Simplify the averaging period used to determine if excess emissions have occurred from emissions units monitored by CEMS.
— Provide certainty regarding excess emission report content by identifying the required information in the rule rather than relying on the current form provided by the department.
NR 439.095 Continuous emission monitoring requirements.
— Update performance specification methods.
