NR 439.02 (4) “CondensibleCondensable 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 whichthat exists as a solid or liquid at standard conditions.
9Section 9 NR 439.02 (5) is renumbered NR 439.02 (5) (a). 10Section 10 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.
11Section 11 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. A deviation is not always a violation.
(6e) “Exceedance” means a condition that is detected by monitoring, testing, or other means that provides data in the same terms as an emission 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 emission 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.
_Hlk147233667Section 12 NR 439.02 (8) is renumbered NR 439.02 (8) (a) and (b) and as renumbered are amended to read: NR 439.02 (8) (a) “Mechanical collector” means a broad class of particulate control devicesdevice that separate separates solid particles from a gas stream by a combination of mechanical forces which includeincluding centrifugal, gravitational, and inertial forces. Such devices may include
(b) “Mechanical collector” includes settling chambers, cyclones, and multicyclone collectors.
13Section 13 . NR 439.02 (9) is amended to read: NR 439.02 (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.
14Section 14 NR 439.02 (9e), (9m), and (9s), are created to read: NR 439.02 (9e) "Non-part 70 source" has the meaning given in s. NR 407.02 (5). (9m) (a) “Oxidizer” means a combustion device used to destroy pollutants.
(b) “Oxidizer” types include direct fire, catalytic, recuperative, and regenerative.
(9s) "Part 70 source" has the meaning given in s. NR 407.02 (6). 15Section 15 NR 439.02 (11) is amended to read: NR 439.02 (11) “Sampling port" means an opening through the wall of a stack or duct that is used to provide access for extraction of a sample or sample analysis.
16Section 16 NR 439.02 (13) is created to read: NR 439.02 (13) “Validation” means the action of checking that a device meets requirements and specifications to ensure that the device fulfills its intended purpose.
17Section 17 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 (42 USC 7411), or emission standards for hazardous air contaminants under section 112 of the Act (42 USC 7412). 18Section 18 NR 439.03 (1) (b) is renumbered NR 439.03 (1) (b) (intro.) and as renumbered is amended to read: _Hlk145510829NR 439.03 (1) (b) The responsible official for aMonitoring reports. An owner, operator, or designee of a part 70 source whichthat 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: 19Section 19 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 from 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 that have been or will be taken to prevent future deviations.
e. The method used to determine the deviation.
20Section 20 NR 439.03 (1) (c) is renumbered NR 439.03 (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 ss. NR 407.09 (1) (c) 1 and NR 407.09(4)(a)1. The compliance certification may be consolidated with other required reports when the 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: 21Section 21 NR 439.03 (1) (c) 1. to 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.
3. Information on whether compliance with the terms and conditions of the permit was continuous or intermittent. Identification of intermittent compliance may cross-reference previous reports, as applicable.
4. Identification of the methods or other means used for determining the compliance status with each term and condition of the operation permit during the certification period. Such methods and other means shall include, at a minimum, the means required under ss. NR 407.09 (1) (c) 1 and NR 407.09(4)(a)1. If applicable, the owner or operator shall also identify any other material information that must be included in the certification to comply with section 113 (c) (2) of the Act (42 USC 7413), which prohibits knowingly making a false certification or omitting material. 5. Identification of any periods during which an excursion or exceedance as defined under 40 CFR part 64 occurred, as applicable. 6. A certification statement indicating whether the source is in compliance with all applicable requirements under the 40 CFR Part 68 Chemical Accident Prevention Provisions, including the registration and submission of the risk management plan, as required under 40 CFR 68.160 and 68.150, respectively, as applicable. 7. Any other information the department may require, as specified in the operation permit, to determine the compliance status of the source.
22Section 22 NR 439.03 (2) is renumbered NR 439.03 (2) (intro.) and (a) and as renumbered is amended to read: NR 439.03 (2) A person requested to submit information under sub. (1) may subsequently be required to submit annually, or at such other intervals as specified by the department, reports and supporting information detailing anyall of the following:
(a) Any changes in the nature of the source since the previous report and the total quantities of the air contaminants emitted.
23Section 23 NR 439.03 (2) (b) is created to read: NR 439.03 (2) (b) The total quantities of any hazardous air pollutants listed under section 112 (b) of the Act (42 USC 7412). 24Section 24 NR 439.03 (3) is amended to read: NR 439.03 (3) When requested by the department, the owner or operator of a source shall submit to the department, within 60 calendar days, a standard operating procedure which that includes a detailed description of process and emission control equipment startup, operating, and shutdown procedures designed to maintain compliance with emission limitations.
25Section 25 NR 439.03 (3m) is created to read: NR 439.03 (3m) The owner or operator of a source shall immediately notify the department of any hazardous substance air spills not in conformity with a permit as required under s. NR 445.16. 26Section 26 NR 439.03 (4) is repealed and recreated to read: _Hlk145579318NR 439.03 (4) (am) The owner or operator of a source shall report any event at the source that causes the exceedance of a requirement which limits the quantity, rate, or concentration of emissions of air contaminants, including an event that causes a visible emission limit to be exceeded, within 10 calendar days of the occurrence. The owner or operator of a source shall report to the department all of the following: 1. The affected emissions unit, operation, or activity.
2. The pollutant affected and an estimate of excess emissions, including calculations and assumptions.
3. The date, time, cause, and duration of the exceedance, the period of time considered necessary for correction, and measures taken to minimize emissions during the period.
4. Any corrective actions or preventative measures that have been or will be taken to prevent future exceedances.
5. The method used to determine the exceedance.
(bm) Exceedances of visible emission limitations detected by a continuous emission monitor that are less than 20 percent above the opacity limit for not more than 3 consecutive 6-minute average periods are exempt from reporting requirements under par. (am) and shall be reported in the quarterly excess emission reports required under s. NR 439.09 (10). _Hlk138251627(cm) The owner or operator of a source shall report to the department any deviation from permit terms or conditions or applicable regulations not reported under par. (am) no later than the due date for the monitoring report required under sub. (1) (b) for the reporting period during which the deviation occurred. The owner or operator of a source shall report to the department all of the following: 1. The affected emissions unit, operation, or activity, if applicable.
2. The pollutant affected, if applicable.
3. The date, time, cause, and duration of the deviation and the period of time considered necessary for correction.
4. Any corrective actions or preventative measures that have been or will be taken to prevent future deviations.
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). 27Section 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.
28Section 28 NR 439.03 (6) and (8) are repealed. 29Section 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.
30Section 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.
31Section 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.
32Section 32 NR 439.03 (12) is repealed. 33Section 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.
34Section 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.
35Section 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.
