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 439.11 - Malfunction prevention and abatement plans

Universal Citation: WI Admin Code ยง NR 439.11

Current through August 26, 2024

(1) The owner or operator of any direct or portable source which may emit hazardous substances or emits more than 15 pounds in any day or 3 pounds in any hour of any air contaminant for which emission limits have been adopted shall prepare a malfunction prevention and abatement plan to prevent, detect and correct malfunctions or equipment failures which may cause any applicable emission limitation to be violated or which may cause air pollution. The plan shall be in writing and updated at least every 5 years, and shall include:

(a) Identification of the individual responsible for inspecting, maintaining and repairing the air pollution control equipment.

(b) The maximum intervals for inspection and routine maintenance of the air pollution control equipment. The maximum interval for routine inspection and maintenance may not exceed that recommended by the manufacturer unless otherwise specified in a plan prepared under this section.

(c) A description of the items or conditions that will be checked.

(d) A listing of materials and spare parts that will be maintained in inventory.

(e) A description of the corrective procedures that will be taken in the event of a malfunction or failure which results in the exceedance of the applicable emission limitation. These corrective procedures shall achieve and maintain compliance with the applicable emission limitations as expeditiously as possible but not longer than the time necessary to discontinue operation of the source consistent with safe operating procedures.

(f) A description of the activities and maximum intervals for routine maintenance and inspection of instrumentation installed and operated to monitor the operation of air pollution control equipment as required under s. NR 439.055(1). The maximum interval for inspection and routine maintenance may not exceed that recommended by the manufacturer of the instrumentation unless otherwise specified in a plan prepared under this section.

(g) The calibration schedule for any device which monitors either a source or air pollution control equipment operational variables. The time between calibrations may not exceed one year or as specified in a plan prepared under this section, whichever is shorter.

(h) Such other information as the department may deem pertinent.

(2) The department may order any owner or operator to submit the plan required by sub. (1) for review and approval. The department may amend the plan if deemed necessary for malfunction prevention or the reduction of excess emissions during malfunctions.

(3) No owner or operator may fail to carry out a plan required under sub. (1) or as amended under sub. (2).

(4) All air pollution control equipment shall be operated and maintained in conformance with good engineering practices to minimize the possibility for the exceedance of any emission limitations.

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