Register May 2010 No. 653
Chapter NR 438
NR 438.01   Applicability; purpose.
NR 438.02   Definitions.
NR 438.03   Required emission inventory reports.
NR 438.04   Content of emission inventory reports.
Ch. NR 438 Note Note: Correction made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1996, No. 492.
NR 438.01 NR 438.01Applicability; purpose.
NR 438.01(1) (1)Applicability. This chapter applies to all air contaminant sources and to their owners and operators.
NR 438.01(2) (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 reports for owners or operators of air contaminant sources.
NR 438.01 History History: Cr. Register, May, 1993, No. 449, eff. 6-1-93.
NR 438.02 NR 438.02Definitions. 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:
NR 438.02(1) (1) “Facility" means all stationary sources emitting air contaminants which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person, or persons under common control. Emissions resulting from loading, unloading or stockpiling materials to or from vessels or vehicles while at a facility shall be considered as part of the facility's emissions. Air contaminant sources, other than transportation related activities, shall be considered as part of the same industrial grouping if they are classified under the same 2-digit major group as described in the Standard Industrial Classification Manual, 1987, incorporated by reference in s. NR 484.05 (1).
NR 438.02(2) (2) “Source classification code" means an 8-position code which represents a process or function associated with a point of air contaminant emissions, as set forth by EPA in FIRE Version 6.23, incorporated by reference in s. NR 484.06 (4) (a).
NR 438.02 History History: Cr. Register, May, 1993, No. 449, eff. 6-1-93; am. (1), (2), Register, February, 1995, No. 470, eff. 3-1-95; am. (2), Register, October, 1999, No. 526, eff. 11-1-99.
NR 438.03 NR 438.03Required emission inventory reports.
NR 438.03(1)(1)Reportable air contaminants and levels.
NR 438.03(1)(a)(a) Except as provided in 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 emission inventory report of annual, actual emissions or, for particulate matter, PM10, 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.
NR 438.03(1)(am)1.1. The owner or operator of a facility described by a standard industrial classification 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 emission inventory report to those contaminants identified under s. NR 445.11 (1) (a) or (b).
NR 438.03(1)(am)2. 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.
NR 438.03(1)(b) (b) When preparing an emission inventory report, the owner or operator of a facility may rely on information in an approved material safety data sheet. Trace contaminants need not be reported if they constitute less than 1% (10,000 parts per million) of the material, or 0.1% (1,000 parts per million) of the material if the air contaminant is listed with a control requirement in column (i) of Table A, B or C or s. NR 445.07, unless a hazardous air contaminant is formed in processing the material. - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
NR 438.03 Note   1Chemical Abstract Service or CAS number refers to the unique chemical abstracts service registry number assigned to a specific chemical, isomer or mixture of chemicals or isomers and recorded in the CAS chemical registry system by the Chemical Abstracts Service, PO Box 3012, Columbus, OH 43210, phone 1-614-447-3600.

  2Indicates contaminants for which multiple CAS numbers may apply. For contaminants listed as a metal and its compounds, the given CAS number refers to the metal.
  3Indicates contaminants for which a fee will be assessed under s. NR 410.04. Emissions of all compounds listed in s. NR 400.02(162)(b) shall be included when determining fees for volatile organic compounds.

  4Indicates compounds included in the glycol ethers group. In addition to being reported individually when a compound's emissions are above the reporting level, the emissions of these compounds are included in the glycol ethers emission total reported along with emissions of the many other such compounds not listed individually by name.

  5Glycol ethers include mono- and di-ethers of ethylene glycol, diethylene glycol, and triethylene glycol, R-(OCH 2CH2)n-OR'
  n=1, 2 or 3
  R=alkyl C7 or less or
  R=phenyl or alkyl substituted phenyl
  R'=H or alkyl C7 or less or OR' consists of carboxylic acid ester, sulfate, phosphate, nitrate or sulfonate.

  6Organic compounds that are not VOC and should not be considered or included here are specified in s. NR 400.02 (162) (a). Emissions of organic compounds specified in s. NR 400.02 (162) (b) shall be considered to determine if the reporting level for VOC is exceeded. Emissions of these compounds, however, shall be reported separately as the individual compound if the reporting level for VOC is exceeded.

  7Any amount of emissions of this compound shall be reported if the reporting level for VOC emissions is exceeded. See footnote 6 for how to determine if the reporting level for VOC emissions is exceeded.
NR 438.03(1)(c) (c) Notwithstanding par. (a), the department may require any facility to submit an emission inventory report of its annual, actual and maximum theoretical air contaminant emissions.
NR 438.03(1)(d) (d) Any facility that has emission reduction credits shall report the credits separately as actual emissions on the annual emission inventory report.
NR 438.03(2) (2)Reporting deadline. Reports required under this section shall be submitted by March 1 of each year for air contaminants emitted during the preceding year. Persons unable to submit reports by March 1 may, upon request to the department, be granted an extension until March 15 for submission of the reports if the department determines that an extension is reasonable under the circumstances.
NR 438.03(3) (3)Portable sources. The owner or operator of a portable source shall file one emission inventory report covering all operations at all locations in the state during the previous year.
NR 438.03(4) (4)Required records. Owners and operators of facilities required to file emission inventory reports shall keep accurate and reliable records sufficient to enable verification of the reports by the department. Records shall include data on fuel composition and consumption, quantities of raw materials handled which contribute to emissions, quantities of wastes incinerated, continuous emissions monitoring data and audits, and any results of stack or performance tests together with the names of persons or firms responsible for each test, if applicable. Records shall be retained for 5 years following the year in which the emission inventory report is submitted.
NR 438.03(5) (5)Emission inventory and certification.
NR 438.03(5)(a)(a) Based on the throughput or emissions information submitted pursuant to ss. NR 438.03 and 438.04, the department shall determine each facility's annual actual emissions and typical ozone season day emissions based on emission factors contained in Compilation of Air Pollutant Emission Factors, AP-42, Volume 1: Stationary Point and Area Sources, USEPA-OAQPS, January 1995, as incorporated by reference in s. NR 484.05 (8), or in the FIRE database, USEPA-OAQPS, incorporated by reference in s. NR 484.06 (4) (a). Other emission factors or methods, including, but not limited to, mass balance or other use reporting, consumption and analytical methodologies, or continuous emissions monitoring data, if applicable, may be used by the department.
NR 438.03(5)(b) (b) The actual annual emissions determined by the department under par. (a) shall constitute the department's annual emission inventory.
NR 438.03(5)(c) (c) By May 31 of each year, the department shall send each owner or operator of a facility which is required to file an emission inventory report a summary from the department's annual emission inventory of the air contaminants emitted by the facility for the previous year. The owner or operator of a facility required to obtain an air pollution control permit under s. 285.60, Stats., and ch. NR 406, 407 or 408, or which emits volatile organic compounds or nitrogen oxides in an ozone nonattainment area, shall, by June 30 of each year, send a written certification to the department that the summary of its emissions is correct. The certification shall contain the name, title, signature and telephone number of the certifier, the date of certification and a statement that the information contained in the emissions summary is accurate to the best knowledge of the owner or operator of that facility.
NR 438.03(6) (6)Disputed emissions. Any facility that disputes the emissions summary supplied by the department under sub. (5) (c) may request, in writing, that the department review its emissions summary. The department shall review and supply to the facility, within 14 calendar days of receipt of the facility's written request, information used to prepare the emission inventory and summary for that facility. If the facility continues to dispute the emissions summary, it shall supply to the department, within 14 calendar days of receipt of the department's information, the reasons it disputes the summary. The facility shall be notified within 7 calendar days of receipt of this information of the department's decision on whether to adjust the emission inventory and summary. If the facility continues to dispute the summary, it may appeal the department's final decision pursuant to state law. The facility shall certify any emissions not in dispute by June 30 of each year.
NR 438.03 History History: Cr. Register, May, 1993, No. 449, eff. 6-1-93; am. (1) (b), (5) (a), Register, February, 1995, No. 470, eff. 3-1-95; am. (1) (b), Table 1, Register, December, 1995, No. 480, eff. 1-1-96; am. (5) (a), Register, December, 1996, No. 492, eff. 1-1-97; am. Table 1 and (5) (a), Register, October, 1999, No. 526, eff. 11-1-99; CR 02-097: am. (1) (a) and (b), cr. (1) (am) and Table 2 Register June 2004 No. 582, eff. 7-1-04: CR 05-055: renum. (1) (a) (intro.) to be (a) and am., r. (1) (a) 1., 2. and Table 1, am. (1) (am), renum. Table 2 to be Table 1 and am. Register December 2005 No. 600, eff. 1-1-06; CR 09-088: am. Table 1 Register May 2010 No. 653, eff. 6-1-10.
NR 438.04 NR 438.04Content of emission inventory reports.
NR 438.04(1)(1)General instructions. Emission inventory reports required under this chapter shall be submitted on forms or other media supplied by the department. Emission inventory reports submitted by facilities shall contain the information specified in s. NR 438.03 (1) and (3) and this section. Emissions shall be reported separately for each source or group of similar sources at each facility.
NR 438.04 Note Note: Emission inventory reports shall be made on form 4500-090 available from the Bureau of Air Management, Department of Natural Resources, PO Box 7921, Madison WI 53707, Phone (608) 267-7546.
NR 438.04(2) (2)Facility identification and general information. For all facilities the emission inventory report shall include:
NR 438.04(2)(a) (a) The name and mailing address of the facility.
NR 438.04(2)(b) (b) The location of the facility.
NR 438.04(2)(c) (c) The name and address of the parent company or corporation, if any.
NR 438.04(2)(d) (d) The appropriate facility standard industrial classification code and a brief description which characterizes the nature of the business or other activity of the facility.
NR 438.04(2)(e) (e) The normal operation schedule of the facility in hours per day, days per week, days per year, and percentage production by quarter.
NR 438.04(2)(f) (f) The name and telephone number of the individual to be contacted regarding the emission inventory report.
NR 438.04(2)(g) (g) A list of stacks and the air contaminant sources vented to each stack including:
NR 438.04(2)(g)1. 1. Height of each stack.
NR 438.04(2)(g)2. 2. Inside top diameter of each stack.
NR 438.04(2)(g)3. 3. Volumetric flow rate through each stack at maximum and normal operating conditions.
NR 438.04(2)(g)4. 4. Temperature of the gas flowing through each stack at maximum and normal operating conditions.
NR 438.04(2)(g)5. 5. The type of continuous emission monitor and pollutant or pollutants monitored for each stack, if applicable.
NR 438.04(2)(h) (h) A description of fugitive emissions, their type, source, operating schedule, estimated emissions or throughput, and control technique and estimated control efficiency.
NR 438.04(3) (3)Fuel combustion. For fuel combustion units, the emission inventory report shall include:
NR 438.04(3)(a) (a) Source classification code.
NR 438.04(3)(b) (b) Number of boilers.
NR 438.04(3)(c) (c) Types of fuel burning equipment for each boiler.
NR 438.04(3)(d) (d) Rated capacity of each boiler.
NR 438.04(3)(e) (e) For each fuel burned:
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.