The proposed changes to ch. NR 439, Wis. Adm. Code, will maintain consistency with the CAA and protect air quality. 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. 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 most recently with a Permit Streamlining rule (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. 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 timelines set under the chapter for a particular number of days refer to calendar days. • Converting 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.
• Replace cross references to outdated state regulations with corresponding references to the underlying federal requirements, reducing the need for frequent updates. 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. Operational or maintenance requirements that assure continuous emission reductions include requirements to operate control equipment, equipment control efficiencies, or restrictions on duration of operation. •o Instead of sources being required to report such events on the next business day, apply a tiered approach. •o For events which cause any emission limitation to be exceeded, allow sources to report the event within 10 calendar days of the occurrence. •o For all other deviations from permit requirements or applicable regulations, allow sources to report the event no later than the due date of the monitoring report required under s. NR 439.03(1)(b) for the reporting period during which the deviation occurred. •o Move the exception for deviation reporting of visible emission limitations 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. •o Provide an extended timeframe of three calendar 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. • Allow for electronic signature for report certifications in addition to allowing the submittal of a hard copy of the original signature. • Clarify that certifications, material statements and reports required by an operation permit shall be truthful, accurate and complete, consistent with the federal requirements of 40 CFR Part 70. • 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 chs. NR 422 and 423. • 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 monitoring and recordkeeping 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 requirements of sub. (3) and calibration, replacement and validation requirements of sub. (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. • Simplify monitoring and measurement rule language and move it 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 quality assurance specifications for continuous emission monitoring systems consistent with federal monitoring performance specifications for carbon monoxide, nitrogen compounds, sulfur compounds, and visible emissions. • 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 the conditions under which compliance emission tests shall be performed • 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 emissions. NR 439.075 Periodic compliance emission testing requirements.
• Reduce the need to update cross references by referencing directly 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 emission testing extension for emissions units that are not in operation. • Clarify the deadline for requesting compliance emission testing extensions. • Add that the department shall respond to waiver and extension requests within 14 calendar days of receipt of the request. 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.
