9. Summary of Factual Data and Analytical Methodologies Used and How Any Related Findings Support the Regulatory Approach Chosen:
The department is proposing updates to test methods referenced under ch. NR 439, Wis. Adm. Code. The American Society of Testing and Materials (ASTM) is an international standards organization that develops and publishes voluntary consensus technical standards for a wide variety of materials, products, systems and services. ASTM technical standards are the written procedures that provide consistent application, specification and results. ASTM technical standards are created or periodically updated. This rule package incorporates the current state of the ASTM technical standards. EPA reference methods are the technical written procedures to characterize and measure air contaminants. EPA reference methods are periodically created and updated. This rule package incorporates the current state of EPA reference methods. This proposed rulemaking revises provisions related to monitoring methodology to ensure requirements related to instrument calibration, validation, and replacement reflect current technology, business operations, and maintenance strategies.
10. Analysis and Supporting Documents Used to Determine the Effect on Small Business or in Preparation of an Economic Impact Report:
The proposed changes will apply to all businesses, including small businesses, which emit or cause emissions of air contaminants (“emissions sources”) subject to ch. NR 439, Wis. Adm. Code. The department estimates the total costs of the rule to be unaffected by or possibly reduced because the proposed rule revisions will not impose new compliance costs on any business. The proposed changes are intended to clarify, reduce, and make more efficient reporting, monitoring, and recordkeeping requirements. 11. Effect on Small Business (initial regulatory flexibility analysis):
No business is expected to incur additional costs in order to comply with the revised rule. Some small businesses may have reduced costs due to proposed rule changes that reduce frequency and redundancy of reporting.
13. Place where comments are to be submitted and deadline for submission:
Written comments may be submitted at the public hearings, by regular mail, or email to:
Olivia Salmon – AM/7
Bureau of Air Management
Wisconsin Department of Natural Resources
PO Box 7921
Madison, WI 53703
The consent of the Attorney General will be requested for the incorporation by reference of the following methods into ch. NR 484, Wis. Adm. Code: — “Determination of PM10 Emissions” (40 CFR 51 Appendix M, Method 201) — “Determination of PM10 and PM2.5 Emissions from Stationary Sources” (40 CFR 51 Appendix M, Method 201A) — “Dry Impinger Method for Determining Condensable Particulate Emissions from Stationary Sources” (40 CFR part 51 Appendix M, Method 202) — “Determination of Carbon Dioxide, Methane, Nitrogen, and Oxygen form Stationary Sources” (40 CFR part 60 Appendix A, Method 3C) — “Determination of Metals from Stationary Sources” (40 CFR part 60 Appendix A, Method 29) — “Measurement of Vapor Phase Organic and Inorganic Emissions by Extractive Fourier Transform Infrared (FTIR) Spectroscopy” (40 CFR part 60 Appendix A, Method 320) — “Standard Test Method for Total Moisture in Coal” (ASTM D3302/D3302M-22a)
— “Standard Test Method for Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy” (ASTM D6348-12(2020))
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RULE TEXT
Section 1 NR 400.02 (79) is amended to read:
NR 400.02 (79) “Heat input" means the total gross calorific value per unit of time of all fuels being burned, where gross calorific value of a fuel is measured by ASTM Method D240-02D240-19, D1826-94 (2017), or D5865-04D5865/D5865M-19, incorporated by reference in s. NR 484.10 (4), (26), and (55g). WhereWhen the test method gives a higher and a lower heating value, heat input is calculated in Btu per hour using the higher heating value of the fuel.
Section 2 NR 419.08 (5) and (6) (b) are amended to read:
NR 419.08 (5) Emission control system monitoring. The owner or operator of any facility which uses a wet scrubber to control organic gas emissions from the catalysis of urethane cold box binders shall continuously measure and record the pH of the scrubber liquid and monitor in addition to meeting the monitoring requirements of s. NR 439.055 (1) (e) and measure and record pressure drop across the scrubber and demister in inches of water and scrubber liquor flow in gallons per minute once for every 8 hours of source operation or once per day, whichever yields the greater number of measurements.
(6) (b) Records of operation variables which are required to be measured under sub. (5) and s. NR 439.055 (1) (e).
Section 3 NR 439.01 (1) is amended to read:
NR 439.01 (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 40 CFR parts 60 to 63, the applicable requirements of 40 CFR parts 60 to 63 apply in addition to the requirements of this chapter. In the case of anya conflict between applicable provisions under chs. NR 460 to 46940 CFR parts 60 to 63 and provisions of this chapter, the provisions under chs. NR 460 to 46940 CFR parts 60 to 63 shall apply, this chapter not withstanding. Section 4 NR 439.02 (1) is renumbered (1s) and as renumbered is amended to read:
NR 439.02 (1s) “Audit samples sample” means a glass vials vial, a gas cylinders cylinder, or other materials which contain material that contains 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.
Section 5 NR 439.02 (1m) is created to read:
NR 439.02 (1m) (a) “Adsorption” means the transfer of a gaseous pollutant from the gas stream by transferring pollutants to a solid surface, typically carbon.
(b) "Adsorption device” includes a fixed regenerable bed, a disposable or rechargeable canister, a moving bed adsorber, and a fluid bed adsorber.
Section 6 NR 439.02 (2) is amended to read:
NR 439.02 (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.
Section 7 NR 439.02 (2m) is created to read:
NR 439.02 (2m) “Calibration” means the comparison of a standard or instrument with a known accurate standard or instrument to detect and quantify inaccuracies and to report or eliminate those inaccuracies by adjustment.
Section 8 NR 439.02 (4) is amended to read:
NR 439.02 (4) “Condensible Condensable particulate matter” means any material, except uncombined water, that may not be collected in the front half of the particulate matter emission sampling train but which that exists as a solid or liquid at standard conditions.
Section 7g. NR 439.02 (5) is renumbered NR 439.02 (5) (a).
Section 7r. NR 439.02 (5) (b) is created to read:
NR 439.02 (5) (b) “Continuous monitoring system” includes a continuous emission monitoring system, a predictive emission monitoring system, a continuous opacity monitoring system, and a continuous parameter monitoring system.
Section 9 NR 439.02 (5m), (6e), (6m) and (6s) are created to read:
NR 439.02 (5m) “Deviation” means any instance in which a source is not in conformance with a permit requirement or applicable regulation, including exceedances and excursions.
(6e) “Exceedance” means a condition that is detected by monitoring, testing, or other documentation that provides data in terms of a limitation or standard and that indicates that emissions or opacity are greater than the applicable limitation or standard, or less than the applicable standard in the case of a percent reduction requirement, consistent with any averaging period specified for averaging the results of the monitoring or testing, or specified in the applicable limitation or standard.
(6m) “Excursion” means a departure from an indicator range established for monitoring under 40 CFR part 64, consistent with any averaging period specified for averaging the results of the monitoring. (6s) “Incinerator” means an enclosed combustion device that is used to destroy pollutants. An incinerator may include an oxidizer.
Section 10 NR 439.02 (8) is renumbered NR 439.02 (8) (a) and (b) and as renumbered are amended to read:
(8) (a) “Mechanical collector” means a broad class of particulate control devices device that separate separates solid particles from a gas stream by a combination of mechanical forces which include including centrifugal, gravitational, and inertial forces. Such devices may include
(b) “Mechanical collector” includes settling chambers, cyclones, and multicyclone collectors.
Section 9m. NR 439.02 (9) is amended to read:
(9) “Monitoring device” means any instrument the collection of equipment used to measure the operating parameters of a control device or process, obtain a reading, and transmit the reading to recordkeeping equipment and to the control room.
Section 11 NR 439.02 (9e) and (13) are created to read:
(9e) (a) “Oxidizer” means a combustion device used to destroy pollutants.
(b) “Oxidizer” types include direct fire, catalytic, recuperative, and regenerative.
(13) “Validation” means the action of checking that a device meets requirements and specifications to ensure that the device fulfills its intended purpose.
Section 12 NR 439.03 (1) (a) is amended to read:
(1) (a) General reporting requirements. 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, standards of performance for new stationary sources under section 111 of the Act, or emission standards for hazardous air contaminants under section 112 of the Act. Section 13 NR 439.03 (1) (b) is renumbered (1) (b) (intro.) and as renumbered is amended to read:
NR 439.03 (1) (b) The responsible official for a Monitoring reports. An owner, operator, or designee of a part 70 source which that 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 at least every 6 months, or more frequently if required by the department. An owner, operator, or designee of a non-part 70 source that has been issued an operation permit shall submit the results of monitoring required by the permit at least every 12 months. 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 other required reports, such as the quarterly excess emission report required under s. NR 439.09, when submission of both these reports more than one report 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. The identification of applicable information may cross-reference the permit or previous reports, as applicable. All monitoring reports shall be certified by the responsible official, as defined under s. NR 400.02 (136), consistent with subs. (10) and (10m). The responsible official required to certify the source's results of monitoring shall include in each monitoring report all of the following information: Section 14 NR 439.03 (1) (b) 1., 2., and 3. are created to read:
NR 439.03 (1) (b) 1. Identification of each monitoring requirement that is the basis of the monitoring report.
2. The results of monitoring, or a summary of monitoring results, with respect to each monitoring requirement identified under subd. 1., for the period covered by the monitoring report.
3. All instances of deviations of permit requirements, which shall be clearly identified. Deviations previously reported under subs. (4) and (5) may be referenced. For each deviation, the report shall include all of the following:
a. The affected emissions unit, operation, or activity, if applicable.
b. The pollutant affected, if applicable.
c. The date, time, cause, and duration of the deviation and the period of time considered necessary for correction.
d. Any corrective actions or preventative measures taken, or that will be taken to prevent future deviations.
e. The method used to determine the deviation.
Section 15 NR 439.03 (1) (c) is renumbered (1) (c) (intro.) and as renumbered is amended to read:
NR 439.03 (1) (c) Compliance certifications. 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 terms and conditions contained in the operation permit in accordance with subs. (8) and sub. (10). The methods used to determine compliance status under this paragraph shall be the same methods which that are required under s. NR 407.09 (1) (c) 1. The compliance certification may be consolidated with other required reports when submission of more than one report is required. All compliance certifications shall be certified by the responsible official, as defined under s. NR 400.02 (136), consistent with subs. (10) and (10m). The responsible official required to certify the source's compliance status shall include in each certification all of the following information: Section 16 NR 439.03 (1) (c) 1., 2., 3., 4., 5., 6., and 7. are created to read:
NR 439.03 (1) (c) 1. Identification of each permit term or condition that is the basis of the compliance certification.
2. The compliance status of the source with the terms and conditions of the permit identified under subd. 1., for the period covered by the certification.
