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).
NR 428.07(2)(d)1.1. An NO
x emissions unit with a new stack or flue for which construction is completed after the applicable deadline under par. (a), (b) or (c) shall comply with the requirements of this subchapter 90 days after the date on which emissions first exit through the new stack or flue.
NR 428.07(2)(d)2.
2. However, if the unit reports on an ozone season basis and the applicable deadline under subd. 1. does not occur during the ozone season, the deadline for compliance with the requirements of this subchapter becomes the May 1 immediately following the date determined in accordance with subd. 1.
NR 428.07(3)
(3)
Reporting data prior to initial certification. The owner or operator of an NO
x emissions unit under sub. (2) (b) or (c) shall determine, record and report NO
x emissions, heat input, if required for purposes of compliance, and any other values required to determine NO
x emissions, for example NO
x emission rate and heat input or NO
x concentration and stack flow, using the provisions of
40 CFR 75.70(g), from the date and hour that the unit starts operating until all required certification tests are successfully completed.
NR 428.07(4)(a)(a) No owner or operator of an NO
x emissions unit may use any alternative monitoring system, alternative reference method or any other alternative for the required continuous emission monitoring system without having obtained prior written approval in accordance with s.
NR 428.10.
NR 428.07(4)(b)
(b) No owner or operator of an NO
x emissions unit may operate the unit so as to emit NO
x without accounting for all NO
x emissions in accordance with the applicable provisions of this subchapter.
NR 428.07(4)(c)
(c) No owner or operator of an NO
x emissions unit may disrupt the continuous emission monitoring system, any portion thereof, or any other approved emission monitoring method, and thereby avoid monitoring and recording NO
x emissions, except for periods of recertification or periods when calibration, quality assurance testing or maintenance is performed in accordance with the applicable provisions of this subchapter.
NR 428.07(4)(d)
(d) No owner or operator of an NO
x emissions unit may retire or permanently discontinue use of the continuous emission monitoring system, any component thereof or any other approved emission monitoring system under this subchapter, except under one of the following circumstances:
NR 428.07(4)(d)1.
1. The unit is within a period during which it is covered by a retired unit exemption under s.
NR 409.05 that is in effect.
NR 428.07(4)(d)2.
2. The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this subchapter, by the department for use at that unit that provides emission data for the same pollutant or data for the same parameter as the retired or discontinued monitoring system.
NR 428.07 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01;
CR 08-103: am. (intro.), (1) (a), (b) 1., 3., (3) and (4) (c)
Register August 2009 No. 644, eff. 9-1-09;
CR 23-017: am. (1) (a) 2. Register March 2024 No. 819, eff. 4-1-24.
NR 428.08
NR 428.08 Specific provisions for monitoring NOx and heat input for the purpose of calculating NOx emissions. NR 428.08(1)(a)
(a)
Coal-fired units. The owner or operator of a coal-fired boiler shall do one of the following:
NR 428.08(1)(a)1.
1. Meet the general operating requirements in
40 CFR 75.10 for an NO
x-diluent continuous emission monitoring system, consisting of an NO
x pollutant concentration monitor, an O
2- or CO
2-diluent gas monitor and a data acquisition and handling system, to measure NO
x emission rate, and for a flow monitoring system and an O
2- or CO
2-diluent gas monitor to measure heat input, except as provided in accordance with subpart E of
40 CFR part 75.
NR 428.08(1)(a)2.
2. Meet the general operating requirements in
40 CFR 75.10 for an NO
x concentration monitoring system, consisting of an NO
x pollutant concentration monitor and a data acquisition and handling system, to measure NO
x concentration and for a flow monitoring system. In addition, if heat input is required to be reported under this chapter, the owner or operator also shall meet the general operating requirements for a flow monitoring system and an O
2- or CO
2-diluent gas monitor to measure heat input, or, if applicable, use the procedures in Appendix D to
40 CFR part 75, incorporated by reference in s.
NR 484.04 (27). These requirements shall be met, except as provided in subpart E of
40 CFR part 75.
NR 428.08(1)(b)
(b)
Moisture correction. If a correction for the stack gas moisture content is needed to properly calculate the NO
x emission rate in pounds per million Btu, i.e., if the NO
x pollutant concentration monitor measures on a different moisture basis from the diluent monitor, or NO
x mass emissions in tons, i.e., if the NO
x concentration monitoring system or diluent monitor measures on a different moisture basis from the flow rate monitor, the owner or operator of a boiler shall account for the moisture content of the flue gas on a continuous basis in accordance with
40 CFR 75.11(b) except that the term “SO
2" shall be replaced by the term “NO
x"
.
NR 428.08(1)(c)
(c)
Gaseous fuel-fired nonpeaking units or oil-fired nonpeaking units. The owner or operator of a boiler or combustion turbine that, based on information submitted in the monitoring plan, qualifies as a gaseous fuel-fired or oil-fired unit but not as a peaking unit, as defined in
40 CFR 72.2, shall do one of the following:
NR 428.08(1)(c)2.
2. Meet the general operating requirements in
40 CFR 75.10 for an NO
x-diluent continuous emission monitoring system, except as provided in accordance with
40 CFR part 75 Subpart E, and use the procedures specified in Appendix D to
40 CFR part 75, incorporated by reference in s.
NR 484.04 (27), for determining hourly heat input.
NR 428.08(1)(d)
(d)
Gaseous fuel-fired or oil-fired peaking units. The owner or operator of a boiler or combustion turbine that qualifies as a peaking unit and as either gaseous fuel-fired or oil-fired, as defined in
40 CFR 72.2, based on information submitted in the monitoring plan, shall do one of the following:
NR 428.08(1)(d)2.
2. Use the procedures in
40 CFR part 75 Appendix D, incorporated by reference in s.
NR 484.04 (27), for determining hourly heat input and the procedures specified in
40 CFR part 75 Appendix E, incorporated by reference in s.
NR 484.04 (27), for estimating the hourly NO
x emission rate. In addition, if after certification of an excepted monitoring system under
40 CFR part 75 Appendix E, a unit's operations exceed a capacity factor of 20.0% in any calendar year or exceed a capacity factor of 10.0% averaged over 3 years, the owner or operator shall meet the requirements of par. (c) or, if applicable, par. (e), by no later than December 31 of the following calendar year.
NR 428.08(1)(e)
(e)
Other units. The owner or operator of a boiler or combustion turbine that combusts wood, refuse or other materials shall comply with the monitoring provisions specified in par. (a) and, where applicable, par. (b).
NR 428.08(2)(a)
(a)
Coal-fired units. The owner or operator of a coal-fired boiler shall do one of the following:
