CR 24-030 Rule Text

5. The method used to determine the deviation.

(d) A report submitted under this subsection shall be certified by the responsible official as defined under s. NR 400.02 (136) consistent with subs. (10) and (10m).

27 Section 27   NR 439.03 (5) is amended to read:

NR 439.03 (5) The owner or operator of a source required to operate a continuous emission monitoring system or monitoring device shall notify the department of within 3 calendar days following any shutdown, breakdown, or malfunction of such the device or system which is anticipated to continue in excess of one week. Notice shall occur at the next business day following the onset of the shutdown, breakdown or malfunction lasting more than 7 calendar days.

28 Section 28   NR 439.03 (6) and (8) are repealed.

29 Section 29   NR 439.03 (9) is amended to read:

NR 439.03 (9) All certifications required to be submitted under sub. (1) (c) by a part 70 source shall be submitted to the administrator, if required by the administrator, and to the department.

30 Section 30   NR 439.03 (10m) is created to read:

NR 439.03 (10m) The certification of a report required under this section shall be electronically signed through an electronic signature system provided by the department or, alternatively, a hard copy of the original signature on the report may be submitted to the department.

31 Section 31   NR 439.03 (11) is amended to read:

NR 439.03 (11) All certifications made under this section and all material statements and representations made in any report or notice required by an operation permit shall be truthful, accurate, and complete.

32 Section 32   NR 439.03 (12) is repealed.

33 Section 33   NR 439.04 (1) (intro.), (a) (intro.) and (a) 6. are amended to read:

NR 439.04 (1)  The owner or operator of an air contaminant source to which chs. NR 400 to 499, standards of performance for new stationary sources under section 111 of the Act (42 USC 7411), or emission standards for hazardous air contaminants under section 112 of the Act (42 USC 7412), apply shall maintain all of the following records, in paper, digital, or electronic format:

(a) Records of all sampling, testing and monitoring conducted or required under chs. NR 400 to 499, standards of performance for new stationary sources under section 111 of the Act (42 USC 7411), emission standards for hazardous air contaminants under section 112 of the Act (42 USC 7412), or under an air pollution control permit. Records of sampling, testing, or monitoring shall include all of the following:

6. The relevant source and control device operating conditions that existed at the time of sampling, testing, monitoring, or measurement.

34 Section 34   NR 439.04 (1) (a) 7. is created to read:

NR 439.04 (1) (a) 7. Records required by an air pollution control permit for the source and control device.

35 Section 35   NR 439.04 (1) (b) and (1) (d) are amended to read:

NR 439.04 (1) (b) Records detailing all malfunctions which that cause any applicable emission limitation to be exceeded, including logs to document the implementation of the plan required by under s. NR 439.11.

(1) (d) Any other records relating to the emission of air contaminants which may be requested in writing by the department that may be required to demonstrate compliance with permit conditions.

36 Section 36   NR 439.04 (1) (e) and (f) are created to read:

NR 439.04 (1) (e) Records required by any state or federal order or decree or air pollution control permit issued by the department.

(f) Records required by any standard of performance for new stationary sources under section 111 of the Act (42 USC 7411), and emission standards for hazardous air contaminants under section 112 of the Act (42 USC 7412).

37 Section 37   NR 439.04 (2) is repealed.

38 Section 38   NR 439.04 (2m) is created to read:

NR 439.04 (2m) Any owner or operator of a source claiming to be exempt from an air pollution control permit under ch. NR 405, 406, 407, or 408 shall maintain records adequate to support each exemption claim.

39 Section 39   NR 439.04 (3) and (4) (d) are amended to read:

NR 439.04 (3) Any owner or operator of an air contaminant a source described under chs. NR 419 to 424 shall maintain records which that demonstrate compliance with applicable emission limitations and operating requirements. Any owner or operator of a source claiming to be exempt from an emission limitation or other requirement in under chs. NR 419 to 424 shall maintain records adequate to support each exemption claim.

(4) (d) The maximum theoretical emissions as defined under s. NR 419.02 (11) of VOCs from a facility or the actual VOC emissions before consideration of controls, meeting the same applicability statement specified under each section of ch. NR 422, in the corresponding units and timeframe. The maximum theoretical emissions of VOCs or the actual VOC emissions before consideration of controls shall be shown in the units of VOCs per day, or per month and per 12 consecutive month period, consistent with the units in the applicability statement specified under each section of ch. NR 422.

40 Section 40   NR 439.04 (4) (e), (f) and (g) are created to read:

NR 439.04 (4) (e) Records demonstrating that a process line, facility, or source meets the conditions for an exemption under s. NR 422.03, if applicable.

(f) VOC emissions from a process line or facility, consistent with any applicability statement or exemption under any section of ch. NR 422, in the corresponding units of measure, considering control equipment as indicated in the applicability statement or exemption.

(g) Material usage for a process line or facility, consistent with any applicability statement or exemption under any section of ch. NR 422, in the corresponding units of measure, considering control equipment as indicated in the applicability statement or exemption.

41 Section 41   NR 439.04 (5) (a) 2. (intro.) is amended to read:

NR 439.04 (5) (a) 2. The VOC content of each coating or ink, as applied, delivered to each coating applicator in any of the following units, as applicable:

42 Section 42   NR 439.04 (5) (a) 2. c. is created to read:

NR 439.04 (5) (a) 2. c. Pounds of VOCs per pound of coating solids.

43 Section 43   NR 439.04 (5) (c) 2. and 3., (d) 2. b., (e) 5. and 8., and (6) (a), (b) (intro.) and (b) 2. are amended to read:

NR 439.04 (5) (c) 2. The surface area in units of square feet squared of coated finished product.

3. The amount of VOC per area of surface to which coatings are applied in units of pounds of VOC per 1,000 ft2square feet, regardless of the number of coats applied.

(d) 2. b. A log of record that documents and correlates the operating time for the capture system, control device, monitoring equipment, and the associated coating or printing line or operation.

(e) 5. The For sources subject to an emission limitation under ch. NR 422 that is expressed in units of pounds of VOC per gallon of coating or ink, excluding water, certification of the efficiency of any capture system used in conjunction with s. NR 422.04 (2) (b), (c), and (d) and the total allowable emissions as calculated under s. NR 422.04 (4) for any day 95 percent overall control is not achieved.

8. A log of record that documents and correlates operating time for the capture system, control device, monitoring equipment, and the associated coating or printing line or operation.

(6) (a) If an owner or operator of a solvent cleaning operation employs a thermal incinerator or catalytic incinerator uses an incinerator or oxidizer control device to achieve and maintain compliance as allowed in any section in under ch. NR 422 or in under s. NR 423.037, the owner or operator shall comply with all of the following requirements:

1. Continuous temperature monitoring and continuous temperature recording equipment shall be installed and operated to accurately measure the operating temperature for the control device as identified under s. NR 439.055.

2. The All of the following information shall be collected and recorded each day of during operation of the solvent cleaning operation and the control device, and the information shall be maintained at the facility for a period of 5 years:

a. A log or record of that documents and correlates the operating time for the capture system, control device, monitoring equipment, and the associated solvent cleaning operation.

b. For thermal incinerators and oxidizers, the combustion temperature during all 3-hour periods of operation during which the average combustion temperature was more than 50 degrees Fahrenheit below the average combustion temperature during the most recent emission test that demonstrated that the solvent cleaning operation was in compliance average periods.

c. For catalytic incinerators and oxidizers, the catalyst bed inlet temperature for all 3-hour periods of operation during which the average temperature of the dryer exhaust gases immediately before the catalyst bed was more than 50 degrees Fahrenheit below the average temperature of the dryer exhaust gases during the most recent emission test that demonstrated that the solvent cleaning operation was in compliance, and all 3-hour periods during which the average temperature difference across the catalyst bed was less than 80% of the average temperature difference during the most recent emission test that demonstrated that the solvent cleaning operation was in compliance average periods.

(b) If an owner or operator of a solvent cleaning operation employs uses a carbon adsorption system to achieve and maintain compliance as allowed in any section in under ch. NR 422 or in under s. NR 423.037, the owner or operator shall comply with all of the following requirements:

_Hlk144986960 2. The All of the following information shall be collected and recorded each day of during operation of the solvent cleaning operation and the carbon adsorption system, and the information shall be maintained at the facility for a period of 5 years:

a. A log or record of that documents and correlates the operating time for the carbon adsorption system, monitoring equipment, and the associated solvent cleaning operation.

b. For a carbon adsorption system that employs uses a continuous emission monitoring and recording system to measure and record the concentration of organic compounds in the exhaust gases, the organic compound concentration for all 3-hour periods of operation during which the average concentration level or reading in the exhaust gases is more than 20% greater than the exhaust gas organic compound concentration level or reading measured by the most recent performance test that demonstrated that the solvent cleaning operation was in compliance average periods.

c. For a carbon adsorption system that employs uses monitoring and recording equipment to measure and record the total mass steam flow rate for each regeneration cycle of each carbon bed, all carbon bed regeneration cycles during which the total mass steam flow rate was more than 10% below the total mass steam flow rate during the most recent performance test that demonstrated that the solvent cleaning operation was in compliance the total mass steam flow rate for each carbon bed regeneration cycle.

d. For a carbon adsorption system that employs uses monitoring and recording equipment to measure and record the temperature of each carbon bed after each regeneration and cooling cycle, all carbon bed regeneration cycles during which the temperature of the carbon bed after the regeneration and cooling cycle was more than 10% greater than the carbon bed temperature during the most recent performance test that demonstrated that the solvent cleaning operation was in compliance the temperature of each carbon bed after each regeneration and cooling cycle.

44 Section 44   NR 439.05 (title) and (1) are amended to read:

NR 439.05 (title) Access to records; access for inspections, monitoring, and sampling; record retention.

(1) No person may deny information or access to records relating to emissions or any other records required to be kept to an authorized representative of the department.

45 Section 45   NR 439.05 (4) is created to read:

NR 439.05 (4) The owner or operator of a source shall retain records of all required monitoring data and supporting information for a period of at least 5 years from the date of the monitoring sample, measurement, report, or application, unless a longer retention period is specified by the department. Supporting information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation or equivalent data output, and copies of all reports required by the department.

46 Section 46   NR 439.055 (1) (intro.) is renumbered to NR 439.055 (1m) and as renumbered is amended to read:

NR 439.055 (1m) The department may require the owner or operator of a source to install and operate instrumentation to monitor the operation of the source or of and air pollution control equipment. Unless otherwise specified by the department, for the following types of air pollution control equipment, the indicated operational variables shall, at a minimum, be monitored:

47 Section 47   NR 439.055 (1) (a) to (g) are repealed.

48 Section 48   NR 439.055 (1e) and (1s), are created to read:

NR 439.055 (1e) In this section, “accuracy” or “accurate” means the closeness of an indicator or reading of a measurement device to the actual value of the quantity being measured; usually expressed as ± percent of the full-scale output or reading.

(1s) The department may require, in an operation permit, the installation and operation of instrumentation to monitor the operation of the source and air pollution control equipment to meet the requirements under s. NR 407.09 (1) (c) 1. and (4) (a) 1.

49 Section 49   NR 439.055 (2) is repealed.

50 Section 50   NR 439.055 (2m) is created to read:

NR 439.055 (2m) The department may require, in an air pollution control permit or order, the measurement of source or air pollution control operational variables if the department determines that these requirements are necessary to ensure that the source does not exceed an applicable emission limit or to ensure that the requirements of chs. NR 400 to 499, standards of performance for new stationary sources under section 111 of the Act (42 USC 7411), or emission standards for hazardous air contaminants under section 112 of the Act (42 USC 7412) are met.

51 Section 51   NR 439.055 (3) (a) to (c) are amended to read:

NR 439.055 (3) (a) The temperature monitoring device shall have an accuracy of 0.5% percent of the temperature being measured in degrees Fahrenheit or ± 5°F of the temperature being measured, or the equivalent in degrees Celsius (centigrade), whichever is greater.

(b) The pressure drop monitoring device shall be accurate to within 5% percent of the pressure drop being measured or within ±1 inch of water column, whichever is greater.

(c) The current, voltage, flow or pH monitoring device shall be accurate to within 5% percent of the specific variable being measured.

52 Section 52   NR 439.055 (3) (d) is created to read:

NR 439.055 (3) (d) Unless otherwise specified by the department, all other parameter monitoring devices shall be accurate to within 5 percent of the specific variable being measured.

53 Section 53   NR 439.055 (4) is amended to read:

NR 439.055 (4) All instruments used for measuring source or air pollution control equipment operational variables shall be calibrated yearly or at a frequency based on good engineering practice as established by operational history, whichever is more frequent., replaced, or validated at a frequency required by an applicable federal requirement, or, if there is no minimum frequency required by an applicable federal requirement, calibrations, replacements, or validations shall be at least as frequent as one of the following:

  (a) Yearly.

(b) A frequency based on written manufacturer recommendations.

(c) A frequency established by operational history that demonstrates compliance with the instrument accuracy requirements under sub. (3).

54 Section 54   NR 439.055 (5) is repealed.

55 Section 55   NR 439.055 (5m) is created to read:

NR 439.055 (5m) The owner or operator shall maintain records of the accuracy and calibrations, replacements, and validations for all instruments used for measuring source or air pollution control equipment operational variables, including the date the calibration, replacement, or validation was conducted and the accuracy of the monitoring device in percent of the variable being measured.

56 Section 56   NR 439.055 (6) is repealed.

57 Section 57   NR 439.055 (6m) is created to read:

(6m) No person may render inaccurate any monitoring device or method required under this chapter or in an air pollution control permit.

58 Section 58   NR 439.06 (intro.), (1), (1m), (2) (a) and (b), and (3) (a) and (c) are amended to read:

_Hlk136500293   NR 439.06 Methods and procedures for determining compliance with emission limitations (by air contaminant). When tests or a continuous monitoring system are required by the department, the owner or operator of a source shall use the reference methods listed in under this section and in under ss. NR 439.07 to 439.095 to determine compliance with emission limitations, unless an alternative or equivalent method is approved, or a specific method is required, in writing, by the department. Any alternative, equivalent, or other specific method approved or required by the department for an ozone precursor shall be submitted to, and will not become effective for federal purposes until approved by, the administrator or designee as a source-specific revision to the department's state implementation plan for ozone. The test methods shall include quality control and quality assurance procedures and the data reporting format which that are specified and approved by the department for collection, analysis, processing, and reporting of compliance monitoring data. Notwithstanding the compliance determination methods which the owner or operator of a source is authorized to use under this chapter, the department may use any relevant information or appropriate method to determine a source's compliance with applicable emission limitations. Nothing in this chapter shall preclude the use, including the exclusive use, of any credible evidence or information, relevant to whether a source would have been in compliance with applicable requirements.