NR 428.05 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01;
CR 07-016: am. (3) (e) 1. to 4.
Register July 2007 No. 619, eff. 8-1-07;
CR 08-103: am. (1) and (4) (b) 2.
Register August 2009 No. 644, eff. 9-1-09;
CR 23-017: am. (2) (b), cr. (2) (f), (3) (f), (5) (c) Register March 2024 No. 819, eff. 4-1-24.
NR 428.055(1)(1)
Alternative authority. The owner or operator of a NOx emissions source may submit a request to the department requesting approval to establish an alternative site-specific emission limitation to one or more of the requirements under s.
NR 428.04 or
428.05. The owner or operator shall demonstrate that compliance with requirements under s.
NR 428.04 or
428.05 are technologically or economically infeasible. Application for an alternative to any emission limitation under this subchapter does not become effective until approved by the department and the administrator as a site-specific SIP revision and shall be subject to requirements under subs. (2) to (5).
NR 428.055(2)
(2)
Alternative criteria. The department may not approve an alternative site-specific emission limitation under sub. (1) unless:
NR 428.055(2)(a)
(a) The alternative will not delay attainment or prevent maintenance of any ambient air quality standard, as determined by methods acceptable to the department.
NR 428.055(2)(b)
(b) The owner or operator of the air contaminant source for which an alternative is requested demonstrates that all other direct or portable sources that it owns or operates in the state are in compliance with all applicable requirements under chs.
NR 400 to
499 or are on a schedule for compliance with the requirements.
NR 428.055(2)(c)
(c) The owner or operator submits to the department information concerning the conditions or special circumstances that demonstrate, to the department's satisfaction, that the applicable requirements from which variance is sought are technologically or economically infeasible. In addition, all of the following conditions are applicable:
NR 428.055(2)(c)1.
1. The owner or operator shall submit proposed emission limitations to the department in writing.
NR 428.055(2)(c)2.
2. The responsible official shall sign the request for alternatives on behalf of the owner or operator.
NR 428.055(2)(c)3.
3. The owner or operator shall submit other relevant information as required by the department.
NR 428.055(3)
(3)
Procedures for issuance of alternatives. The department, in acting upon any request for an alternative site-specific emission limitation under this section, shall do all of the following:
NR 428.055(3)(a)
(a) Act on requests for alternatives within 3 months of the filing of a completed request.
NR 428.055(3)(b)
(b) Offer, through public notice, the opportunity for public comments including, where requested, a public hearing.
NR 428.055(3)(c)
(c) State in writing the reasons for denying, granting, or for granting in modified form any request.
NR 428.055(4)
(4)
Revocation and modification of alternatives. The department may, after notice and opportunity for hearing, revoke or modify any alternative site-specific emission limitation when any of the following occurs:
NR 428.055(4)(a)
(a) Any term or condition of the alternative has been violated.
NR 428.055(4)(b)
(b) Changes in ambient air quality indicate that the source has a significant adverse impact as determined by methods acceptable to the department on the attainment or maintenance of any ambient air quality standard.
NR 428.055(4)(c)
(c) The owner or operator did not act in good faith in demonstrating the technological or economic infeasibility of compliance with the limitations or in submitting other relevant information in support of the alternative request.
NR 428.055(5)
(5)
Effective date of alternatives. When the department grants, modifies, or revokes a site-specific alternative to a limitation that has been approved by the administrator as part of the SIP, the alternative will not become effective until all of the following conditions have been met:
NR 428.055(5)(b)
(b) The alternative has been approved by the administrator as a site-specific SIP revision.
NR 428.055 History
History: CR 23-017: cr. Register March 2024 No. 819, eff. 4-1-24.
NR 428.06
NR 428.06 Determination of compliance. NR 428.06(1)(1)
Emissions unit compliance. Except as provided in sub. (2), each emissions unit subject to the requirements of s.
NR 428.04 (2) or
428.05 (3) shall demonstrate compliance with the applicable performance standards under those provisions on a per unit basis.
NR 428.06(2)
(2)
Unit ozone season nox emissions averaging program. NR 428.06(2)(a)(a) Except as provided in par. (b), units subject to s.
NR 428.05 (3) (a) may participate in an ozone season NO
x emission averaging program for purposes of demonstrating compliance with ozone season NO
x emission limitations in s.
NR 428.05 (3) during the ozone seasons of calendar years 2003 and later.
NR 428.06(2)(b)
(b) Excess NO
x emission reductions from emissions units subject to s.
NR 428.05 that are used in an ozone season NO
x emissions averaging program under this subchapter may not be used for demonstrating compliance by an emissions unit with an NO
x emission limitation established under ch.
NR 405 or
408 or s.
NR 409.065 or
428.04.
NR 428.06(2)(c)
(c) Excess NO
x emission reductions, for purposes of meeting the requirements of this subchapter, shall be emissions reductions beyond those required to meet all state and federal requirements. In addition, excess emission reductions shall be quantifiable through the monitoring requirements under ss.
NR 428.05 and
428.07, and enforceable.
NR 428.06(3)
(3)
Aggregate limit on ozone season emissions. All units participating in an ozone season NO
x emissions averaging program after December 31, 2007 shall be subject to an aggregate limit on the total tons of NO
x which may be emitted during the ozone season as determined under sub. (4) (e).
NR 428.06(4)
(4)
Prospective emissions averaging plan. An owner or operator of an emissions unit who wishes to participate in an ozone season NO
x emissions averaging program shall submit a prospective emissions averaging plan to notify the department of all the owner's or operator's emissions units participating in an ozone season NO
x emissions averaging program. This plan shall establish compliance requirements for each unit and for all units in the aggregate with respect to emissions rate limitations and mass emissions limitations. The plan shall estimate each participating unit's anticipated operation to meet these requirements.
NR 428.06(4)(a)
(a) Plan submission. The emissions averaging plan shall be submitted to the department no later than 90
days prior to the beginning of the ozone season covered by the plan. A revised plan may be submitted to the department no later than 30 days prior to the beginning of the ozone season covered by the plan.
NR 428.06(4)(b)
(b) Plan elements. The emissions averaging plan shall include the following information for each emissions unit participating in the averaging program. All information shall be provided by applicable fuel category.
NR 428.06(4)(b)3.
3. The projected ozone season heat input in million Btu or equivalent units.
NR 428.06(4)(b)4.
4. The projected average NO
x emission rate, in pounds per million Btu or equivalent, and total mass emissions for the ozone season.
NR 428.06(4)(b)5.
5. Information sufficient to determine the emission rate and mass emission limit and the alternative compliance limit required under par. (f) for each unit.
NR 428.06(4)(c)
(c) Units with multiple owners. If an emissions unit has multiple owners, the unit's mass emissions and heat input may be allocated among the owners provided all mass emissions and the entire heat input of the unit are allocated. Alternatively, the operator of a unit with multiple owners shall be allocated all mass emissions and the entire heat input. Each owner may use his or her share of mass emissions and heat input in any ozone season NO
x emissions averaging plan. Each owner shall be the responsible party for compliance and liability for the owner's share of mass emissions and heat input for the requirements of this subchapter.
NR 428.06(4)(d)1.1. The emissions averaging plan shall establish an aggregate ozone season NO
x emission rate limit for all of the emissions units participating in the averaging program.
NR 428.06(4)(d)2.
2. The aggregate ozone season NO
x emission rate limit is calculated as the heat input weighted aggregate of the individual unit's ozone season emission rate requirements less an environmental benefit factor of 0.01 pounds per million Btu or equivalent for each unit. This calculation is expressed as:
Plan Emission Rate = {Sum [Projected Unit Heat Input x (Unit Emission Rate Limit – 0.01)]} / (Sum of Projected Unit Heat Inputs)
NR 428.06(4)(e)1.1. The emissions averaging plan shall establish an ozone season aggregate mass NO
x emission limitation for all of the units participating in an averaging program during any ozone season after December 31, 2007.
NR 428.06(4)(e)2.
2. The aggregate mass emissions for all units that are eligible to participate in an emissions averaging plan may not exceed the combined allocation of all participating units' mass emissions limitation as determined under subd. 3.
NR 428.06(4)(e)3.
3. Each unit participating in any ozone season NO
x emissions averaging plan shall have a mass emissions limitation equal to 15,912 tons multiplied by that unit's share of the average aggregate heat input of all eligible units of all owners determined by actual heat inputs for these units from the 1995, 1996 and 1997 ozone seasons as determined by the department.
NR 428.06(4)(e)4.
4. If a unit eligible to participate in an ozone season NO
x emissions averaging plan is retired and replaced by another emissions unit at the same site, the mass emissions from the retired unit may still be used in a plan provided the replacement unit's mass emissions for that ozone season are subtracted from the retired unit's mass NO
x emissions limitation determined under subd. 3.
NR 428.06(4)(f)1.1. The emissions averaging plan shall establish an alternative compliance limit for each unit participating in the averaging program.
NR 428.06(4)(f)2.
2. The unit alternative compliance limit in mass per million Btu shall be determined by dividing the unit's projected ozone season NO
x emissions by its projected ozone season heat input.
NR 428.06(4)(f)3.
3. The plan shall provide calculations that demonstrate that the projected emissions units operations will not exceed the plan's emission rate and mass limit.
NR 428.06(4)(g)
(g) Plan review. The emissions averaging plan shall be subject to department review and determination of completeness. The department shall make its determination of completeness and inform the owner or operator of any additional information needed in the plan within 30 days of receipt.
NR 428.06(4)(h)1.1. The owner or operator of any emissions unit participating in an emissions averaging plan shall provide public notice of that plan by publication in a local newspaper at least 60 days prior to the start of the ozone season to which the plan relates and shall provide copies of the plan upon request.
NR 428.06(4)(h)2.
2. The notice shall indicate the purpose of the plan, the participating units and how to obtain a copy of the plan.
NR 428.06(4)(i)1.1. The owners or operators of any emissions units participating in an emissions averaging plan shall submit a compliance report to the department not later than 60 days after the last day of the ozone season with information sufficient to demonstrate compliance with the plan's emission rate and mass emissions limit.
NR 428.06(4)(i)2.
2. The compliance report shall provide, for each emissions unit, the heat input, NO
x emission rate and total NO
x mass emissions for the ozone season. The compliance report shall provide, in aggregate for all units participating in the emissions averaging plan, the ozone season NO
x mass emissions, heat input in million Btu or equivalent units, and the average emission rate. The aggregate ozone season NO
x emission rate shall be calculated as sum of the actual heat input of each unit times the individual unit's actual emission rate divided by the sum of the actual heat inputs of all units. This calculation is expressed as:
Aggregate average ozone season emission rate = [Sum (actual heat input by unit x actual emission rate by unit)] / (Sum of actual heat inputs)
NR 428.06(4)(i)3.
3. Individual units may not be withdrawn from an ozone season NO
x emissions averaging plan unless it is demonstrated in the compliance report that the withdrawn units individually met their applicable s.
NR 428.05 (3) emissions limitation requirements and the remaining units in the plan demonstrate compliance with an ozone season NO
x emissions averaging plan after excluding the withdrawn units.
NR 428.06(4)(i)4.
4. If there is a successful demonstration of compliance with the plan's aggregate emissions rate limitation and with the plan's aggregate mass NO
x emissions limitation for the ozone season, all units in the averaging plan shall be deemed to be in compliance for that ozone season with each participating unit's alternative emissions rate limitation and heat input.
NR 428.06(4)(j)1.1. All emissions units participating in an ozone season NO
x emissions averaging program may be considered out of compliance if either the aggregate ozone season NO
x emission rate exceeds the emissions averaging plan's emission rate limitation or the aggregate mass NO
x emissions for the ozone season exceeds the plan's aggregate mass NO
x emissions limitation for the ozone season.
NR 428.06(4)(j)2.
2. Each emissions unit is considered in violation for each day of non-compliance until corrective action is taken to reduce emissions and achieve compliance.
NR 428.06(4)(j)3.
3. The department may require additional emission reductions if there are mass emissions exceeding the plan's limit on tons of mass emissions. The department may waive the additional emission reductions if, in consultation with the public service commission, the department determines that the excess emissions were the result of an extraordinary event and that the excess emissions were an unavoidable outcome of a necessary action taken by the source to maintain electric system reliability. Additional emission reductions shall be achieved within the subsequent 3 ozone seasons' allowable mass emission limit for all units participating in the emissions averaging plan. If there is no subsequent averaging plan for the source, the department may require a reduction in the source's emission rate that achieves an equivalent aggregate mass emission reduction.
NR 428.06(4)(j)4.
4. All owners or operators of emissions units considered to be out of compliance with a plan emission rate limit or mass tons limit are liable for each violation and subject to enforcement and penalty provisions under ss.
285.83 and
285.87, Stats.
NR 428.06(4)(k)
(k) Monitoring requirements. The total mass emissions and heat input shall be quantified by continuous emissions monitoring equipment and procedures required by ss.
NR 428.05 (4) and
428.07.
NR 428.06(4)(L)
(L)
Recordkeeping and reporting requirements. Owners and operators shall comply with the recordkeeping and reporting requirements of s.
NR 428.05 (5).
NR 428.07
NR 428.07 General requirements. Except as provided in s.
NR 428.12, the owner or operator of an NO
x emissions unit subject to the requirements of subch. I shall comply with the monitoring and reporting requirements of this subchapter.
NR 428.07(1)
(1)
Requirements for monitoring, installation, certification and data accounting. NR 428.07(1)(a)
(a) The owner or operator of an NO
x emissions unit shall submit to the department a monitoring plan that describes in detail the systems to be used on the unit to satisfy the monitoring requirements of this subchapter by the following deadlines:
NR 428.07(1)(a)2.
2. For an emissions unit subject to emission limitations under s.
NR 428.04 (2), at least 180 days prior to initial operation, or an alternative date approved by the department.
NR 428.07(1)(b)
(b) The owner or operator of each NO
x emissions unit shall do all of the following:
NR 428.07(1)(b)1.
1. Install all monitoring systems required under s.
NR 428.08 for monitoring NO
x emissions. This includes all systems required to monitor NO
x emission rate, NO
x concentration, heat input and flow, in accordance with ss.
NR 428.08 and
439.09.
NR 428.07(1)(b)2.
2. Install all monitoring systems for monitoring heat input, if required under this chapter, for developing NO
x emission rate determinations expressed in pounds per million Btu.
NR 428.07(1)(b)3.
3. Successfully complete all certification tests and meet all operating specifications of this subchapter and
40 CFR parts 60 and
75 as applicable to the monitoring systems required for an emissions unit under subds. 1. and 2.
NR 428.07(1)(b)4.
4. Record and report data from the monitoring systems under subds. 1. and 2.
NR 428.07(2)
(2)
Compliance dates. The owner or operator shall meet the requirements of sub. (1) (b) 1. to 3. on or before the following dates and shall record and report data on and after the applicable listed date as follows:
NR 428.07(2)(a)
(a) NO
x emissions units subject to the requirements of this subchapter that commence operation before February 1, 2001 shall comply with the requirements of this subchapter by December 31, 2002.
NR 428.07(2)(b)
(b) NO
x emissions units subject to the requirements of this subchapter that commence operation on or after February 1, 2001 shall comply with the requirements of this subchapter by the later of the following dates:
NR 428.07(2)(c)
(c) However, if the applicable deadline under par. (b) does not occur during an ozone season, the deadline for compliance with the requirements of this subchapter becomes the May 1 immediately following the date determined in accordance with par. (b).
