— 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.
— Set deadline for submitting QA/QC plan consistent with federal requirements.
NR 439.11 Malfunction prevention and abatement plans.
— Define malfunction prevention and abatement plan (MPAP) and limit the type of malfunctions to be included in the plan to those that may cause an applicable emission limit to be violated or may cause air pollution.
— Reduce the requirement to have an MPAP to only sources required to have an air pollution control permit.
— Clarify which emissions units, operations, and activities require an MPAP and exclude smaller emissions units, operations, and activities from needing an MPAP.
— Clarify plan content and submittal requirements.
— Clarify how sources will demonstrate implementation of required MPAPs by adding recordkeeping requirements.
— Identify recordkeeping requirements.
— Clarify when review and updates of MPAPs are required.
6. Summary of, and Comparison with, Existing or Proposed Federal Statutes and Regulations:
Chapter NR 439, Wis. Adm. Code, incorporates the federal compliance testing, monitoring, reporting and recordkeeping requirements of 40 CFR part 70. Inclusion of these 40 CFR part 70 requirements in ch. NR 439, Wis. Adm. Code, is necessary to retain EPA approval of the department’s operation permit program. Revisions to sections with requirements from 40 CFR part 70 are intended to align language with federal requirements and do not increase or decrease stringency of the requirements and do not impact the ability of the department to retain approval of its operation permit program. NR 439.03 Reporting
The department has proposed to add a requirement that the compliance certification reports include a certification statement indicating whether the source is in compliance with the applicable requirements of 40 CFR part 68 Chemical Accident Prevention provisions, under s. NR 439.03(1)(c)6, Wis. Adm. Code. This certification is required by 40 CFR 68.215(a)(2)(ii). NR 439.04 Recordkeeping
NR 439.05 Access to records; access for inspections, monitoring and sampling; record retention
Proposed rule language under s. NR 439.05(4), Wis. Adm. Code, requires retention of records of all required monitoring information and supporting information for at least 5 years from the date of the monitoring consistent with 40 CFR 70.6(a)(3)(ii). Section NR 439.05(4), Wis. Adm. Code, consolidates several occurrences of similar record retention language that currently exist in ch. NR 439, Wis. Adm. Code. The proposed language identifies support information to include all calibration and maintenance records, original recordings for continuous monitoring instrumentation, and copies of all reports required by a permit, consistent with what is required by 40 CFR 70.6(a)(3)(ii)(B). This federal requirement does not allow a source to only keep records of a subset of this monitoring data. NR 439.055 Methods and procedures for determining compliance using instrumentation
Proposed s. NR 439.055(1r) and (2m), Wis. Adm. Code, are consistent with 40 CFR 70.6 which specifies that permits for existing sources contain operational, monitoring, and related recordkeeping and reporting requirements that assure and demonstrate compliance with all of a source’s applicable requirements.
