Wisconsin Administrative Code
Department of Natural Resources
NR 400-499 - Environmental Protection - Air Pollution Control
Chapter NR 439 - Reporting, Recordkeeping, Testing, Inspection AndDetermination Of Compliance Requirements
Section NR 439.075 - Periodic compliance emission testing requirements
Universal Citation: WI Admin Code ยง NR 439.075
Current through August 26, 2024
(1) APPLICABILITY AND GENERAL REQUIREMENTS.
(a) The owner or
operator of a direct stationary source specified in sub. (2) which has been
issued an air pollution control permit under s.
285.60,
Stats., shall comply with the compliance emission testing requirements of this
section.
(b) Nothing in this
section may be construed as preventing the department from requiring the
performance of additional compliance emission tests on the affected sources or
requiring tests for pollutants and sources other than those specified in this
section.
(c) All compliance
emission tests under this section shall be performed according to s.
NR 439.07 and chs.
NR
445 to
449.
(2) AFFECTED EMISSION POINTS AND AIR CONTAMINANTS REQUIRING TESTING.
(a) Except as
provided in sub. (4), the owner or operator of a source identified in this
paragraph, with an emission point that has allowable emissions of particulate
matter, sulfur dioxide or volatile organic compounds of 100 tons or more per
year or allowable emissions of total reduced sulfur of 25 tons or more per
year, shall perform compliance emission testing according to the testing
schedules in sub. (3).
1. Compliance emission
testing for particulate matter is required for an emission point subject to a
particulate emission limitation under ch. NR 405 or in s.
NR 415.04(2) (b) 2. or (c) 1., 415.05, 415.06, 415.07, or or 415.08 (3)
(6).
2. Compliance emission testing
for sulfur dioxide is required for an emission point subject to a sulfur
dioxide emission limitation under ch. NR 405 or in s.
NR 417.07(2), (3), (4) or (5), 418.025, 418.03, or 418.04 or to a more restrictive
emission limit as described in s.
NR 417.07(1) (b).
3. Compliance emission testing for total
reduced sulfur is required for an emission point subject to an emission
limitation in s.
NR 417.06.
4.
Compliance emission testing for volatile organic compounds is required for an
emission point subject to an emission limitation in s.
NR 421.03, 421.04, 422.05 to 422.08, 422.09 to 422.155, 423.05, or 424.03 to which uses 424.05 a control
device to achieve compliance with the applicable requirements. This test shall
include a determination of the overall control efficiency of the control device
on the affected emission point.
(b) The owner or operator of a source,
subject to the requirements of ch. NR 427 or chs.
NR
445 to
449, shall perform compliance
emission testing for lead, mercury, beryllium or vinyl chloride according to
the testing schedules in sub. (3).
1.
Compliance emission testing for mercury is required for an emission point
subject to s.
NR 446.08(1) or or 446.21 (1), (2),
(3).
2. Compliance emission testing
for beryllium is required for an emission point identified in s.
NR 448.03(1).
3. Compliance emission testing for vinyl
chloride is required for an emission point identified in s.
NR 449.04, 449.05, or or 449.06 (1), (2), (3),
(4) and for any control system to which reactor emissions are required to be
ducted in s.
NR 449.06(1) (b) or (5) (a) or (b) or to
which fugitive emissions are required to be ducted in s.
NR 449.07(2) (a), (b), (c), (e), (f), or
(i).
4. Compliance emission testing for lead is
required for an emission point with allowable emissions of one ton per year or
more that is subject to an emission limitation in s.
NR 427.03.
(c) Except as provided in sub. (4), the owner
or operator of a source identified in this paragraph which is subject to the
requirements of ch. NR 440 shall perform compliance emission testing for the
following air contaminants according to the testing schedules in sub. (3).
1. Compliance emission testing for
particulate matter is required for the following:
a. Fossil fuel fired steam generators subject
to s.
NR 440.19 or 440.20.
b. Incinerators subject to s.
NR 440.21.
c.
Kilns at Portland cement plants subject to s.
NR 440.22.
d.
Dryers at asphalt concrete plants subject to s.
NR 440.25
with a rated capacity of 250 tons per hour or more at 5% moisture
removal.
e. Fluid catalytic
cracking unit catalyst regenerators and fuel gas combustion devices at
petroleum refineries subject to s.
NR 440.26.
f.
Pot, cupola and reverberatory furnaces at secondary lead smelters subject to s.
NR 440.29.
g.
Cupola, electric arc and reverberatory furnaces at secondary brass and bronze
ingot production plants subject to s.
NR 440.30.
h.
Basic oxygen process furnaces at iron and steel plants subject to s.
NR 440.31.
i.
Incinerators at sewage treatment plants subject to s.
NR 440.32.
j.
Dryers at primary copper smelters subject to s.
NR 440.33.
k.
Sintering machines at primary zinc smelters subject to s.
NR 440.34.
l. Blast furnaces, dross
reverberatory furnaces and sintering machines at primary lead smelters subject
to s.
NR 440.35.
m.
Thermal dryers and pneumatic coal cleaning equipment at coal preparation plants
subject to s.
NR 440.42.
n.
Electric arc furnaces and dust handling equipment at ferroalloy production
facilities subject to s.
NR 440.43.
o.
Electric arc furnaces at steel plants subject to s.
NR 440.44.
p.
Electric arc furnaces and argon-oxygen decarburization vessels at steel plants
subject to s.
NR 440.445.
q. Recovery furnaces, smelt dissolving tanks
and lime kilns at kraft pulp mills subject to s.
NR 440.45.
r.
Melting furnaces at glass manufacturing plants subject to s.
NR 440.46.
s.
Kilns at lime manufacturing plants subject to s.
NR 440.51.
t.
Control devices at metallic mineral processing plants with sources subject to
the requirements of s.
NR 440.525.
u. Dryers, calciners and grinders at
phosphate rock plants subject to s.
NR 440.54.
v.
Ammonium sulfate dryers at ammonium sulfate manufacturing plants subject to s.
NR 440.55.
w.
Saturators and blowing stills at asphalt processing and asphalt roofing
manufacturing plants subject to s.
NR 440.59.
x.
Rotary spun wool fiberglass insulation manufacturing lines at wool fiberglass
insulation plants subject to s.
NR 440.69.
2. Compliance emission testing for sulfur
dioxide is required for fossil fuel fired steam generators subject to s.
NR 440.19 or 440.20.
3. Compliance emission testing for volatile
organic compounds, including a determination of the overall control efficiency
of any control device, is required for the following:
a. Control devices at facilities subject to
the surface coating of metal furniture requirements in s.
NR 440.48.
b.
Control devices at facilities subject to the automobile and light-duty truck
surface coating requirements in s.
NR 440.53.
c.
Control devices at facilities subject to the graphic arts industry requirements
in s.
NR 440.56.
d.
Control devices at facilities subject to the pressure sensitive tape and label
surface coating requirements of s.
NR 440.565.
e. Control devices at facilities subject to
the large appliance surface coating requirements in s.
NR 440.57.
f.
Control devices at facilities subject to the metal coil surface coating
requirements in s.
NR 440.58.
g.
Control devices at facilities subject to the beverage can surface coating
requirements of s.
NR 440.63.
h.
Control devices at bulk gasoline terminals subject to the requirements in s.
NR 440.64.
i.
Control devices at facilities subject to the flexible vinyl and urethane
coating and printing requirements of s.
NR 440.65.
j.
Control devices at synthetic organic chemical manufacturing facilities subject
to the requirements of s.
NR 440.675, 440.686 or 440.705.
k. Control devices at facilities subject to
the magnetic tape coating requirements of s.
NR 440.71.
l. Control devices at facilities subject to
the polymeric coating of supporting substrate requirements of s.
NR 440.74.
4. Compliance emission testing for lead is
required for grid casting, paste mixing, 3-process operation, lead oxide, lead
reclamation and other lead emitting sources at lead acid battery manufacturing
plants subject to s.
NR 440.52.
5.
Compliance emission testing for nitrogen oxides is required for fossil fuel
fired steam generators subject to s.
NR 440.19 or 440.20.
6. Compliance emission testing for fluorides
is required for the following:
a. Reactors,
filters, evaporators and hot wells at wet process phosphoric acid plants
subject to s.
NR 440.37.
b.
Evaporators, hot wells, acid sumps and cooling tanks at super phosphoric acid
plants subject to s.
NR 440.38.
c.
Reactors, granulators, dryers, coolers, screens and mills at diammonium
phosphate plants subject to s.
NR 440.39.
d.
Mixers, curing belts or dens, reactors, granulators, dryers, cookers, screens,
mills and facilities which store run-of-pile material at triple superphosphate
plants subject to s.
NR 440.40.
e.
Storage or curing piles, conveyors, elevators, screens and mills at granular
triple superphosphate storage facilities subject to s.
NR 440.41.
(3) TESTING SCHEDULES.
(a) The owner or operator of a direct
stationary source which has received a construction permit shall perform the
compliance emission tests required under sub. (2) during the initial operating
period authorized by the permit.
(b) Unless otherwise required by statute,
rule or permit condition, the owner or operator of a direct stationary source
which has received an operation permit shall perform the compliance emission
tests required under sub. (2) every 24 months as long as the permit remains
valid. Each biennial test shall be performed within 90 days of the anniversary
date of the issuance of the permit or within 90 days of an alternate date
specified by the department.
(c)
The owner or operator of a direct stationary source which has received an
elective operation permit under s.
285.60(2) (b), Stats., shall perform the compliance
emission tests required under sub. (2) every 24 months as long as the permit
remains valid. Each biennial test shall be performed within 90 days of the
anniversary date of the issuance of the permit or within 90 days of an
alternate date specified by the department.
(4) EXCEPTIONS TO COMPLIANCE EMISSION TESTING REQUIREMENTS.
(a) The following exceptions
apply to the testing required under sub. (2) (a) or (c):
1. The department may grant a written waiver
of a scheduled test if any of the following applies:
a. The direct stationary source associated
with the emission point subject to the testing requirement will be ceasing
operation within one year of a scheduled test.
b. The most recently completed test results
from a test conducted according to the methods and procedures specified in s.
NR 439.07 for the direct stationary source demonstrate
that the emissions of the air contaminant for which compliance emission testing
is required under this section are 50% or less of the applicable emission
limitation.
c. The direct
stationary source associated with the emission point subject to the testing
requirement has not operated more than 360 hours in the previous 12 month
period prior to the scheduled test date.
d. The most recently completed test,
conducted according to the methods and procedures specified in s.
NR 439.07, was conducted less than 12 months prior to the
date that testing would be required under par. (b).
2. No periodic compliance emission test is
required under this section for any affected emission point equipped with a
continuous emission monitor for the air contaminants requiring testing if the
monitor meets the performance specification requirements of s.
NR 439.09.
3.
No periodic compliance emission test is required under this section for any
affected emission point of a fuel burning installation that only fires natural
gas, propane or distillate fuel oil or any combination of these
fuels.
4. The department may grant
an extension of up to 180 days for compliance emission testing if the owner or
operator of a direct stationary source requests an extension, in writing, and
can demonstrate that a representative emissions test cannot be performed within
the time frames specified in sub. (3) (b).
5. No periodic compliance emission testing
for sulfur dioxide emissions is required under this section for any affected
emission point which performs periodic fuel sampling and analysis under s.
NR 439.085, according to s.
NR 439.08.
(b) All requests for waivers under par. (a)
shall be submitted in writing for department review and approval at least 60
days prior to the required test date.
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