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:
NR 428.08(2)(a)1.
1. Meet the general operating requirements in
40 CFR 60.13 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
40 CFR 60.13(i).
NR 428.08(2)(a)2.
2. Meet the general operating requirements in
40 CFR 60.13 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 E to
40 CFR part 75, incorporated by reference in s.
NR 484.04 (27). These requirements shall be met, except as provided in
40 CFR 60.13(i).
NR 428.08(2)(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 an NO
x emissions unit subject to the requirements of this subchapter 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(2)(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(2)(c)2.
2. Meet the general operating requirements in
40 CFR 60.13 for an NO
x-diluent continuous emission monitoring system, except as provided in accordance with
40 CFR 60.13(i), 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(2)(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(2)(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 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(2)(e)
(e)
Boilers or turbines. 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)(f)
(f)
Continuous emissions monitoring. An owner or operator of an emissions unit that installs and operates a continuous NO
x emissions monitoring system according to the requirements of
40 CFR part 75 satisfies requirements of this subsection.
NR 428.08(2)(g)
(g)
Testing. An owner or operator of an emissions unit not listed under pars. (a) to (e) shall either install and operate a continuous NOx emissions monitoring system according to the requirements under
40 CFR part 75, or do all of the following to satisfy the requirements under this subsection:
NR 428.08(2)(g)1.
1. Keep and maintain the emissions unit manufacturer's specifications and emissions factor information for the emissions unit on-site and available for review.
NR 428.08(2)(g)3.
3. Maintain the emissions unit in accordance with the manufacturer's operation and maintenance instructions.
NR 428.08(2)(g)4.
4. Conduct an initial performance test within 180 days after initial operation and subsequent performance tests every 2 years thereafter, within 90 days of the anniversary date of the initial performance test, according to all of the following requirements, as applicable, to determine the emissions unit's NOx emissions rate for each fuel fired in the emissions unit:
NR 428.08(2)(g)4.a.
a. The emissions performance test shall be conducted according to one of the following methods as applicable: Method 7, 7A, 7B, 7C, 7D, or 7E under
40 CFR part 60, Appendix A, incorporated by reference under s.
NR 484.04 (15m) Table 2, or another method approved by the department in advance.
NR 428.08(2)(g)4.b.
b. The initial emissions performance test shall include a determination of the capacity load point of the emissions unit's maximum NOx emissions rate based on one 30 minute test run at each capacity load point for which the unit is operated, other than for startup and shutdown, in the load ranges of 25 to 50 percent, 50 to 75 percent, and 75 to 100 percent, or other load ranges approved by or required by the department in advance.
NR 428.08(2)(g)4.c.
c. The emissions performance test shall determine compliance based on the average of three test runs that are at least 60 minutes performed at the capacity load determined to have the maximum NOx emission rate under subd. 4. b.
NR 428.08(2)(g)4.d.
d. An additional performance test shall be conducted according to subd. 4. b. within 90 days of completing a physical change in, or change in the method of operation that causes an increase of the hourly potential to emit of the NOx emissions rate.
NR 428.08(2)(g)4.e.
e. A performance test is not required for a fuel used only for startup or for a fuel constituting less than 1 percent on an energy equivalent basis of the emissions unit's fuel consumption within the most recent 12 consecutive month time period.
NR 428.08(3)(a)(a) In lieu of the exceptions under s.
NR 439.075 (4), all of the following exceptions apply to the testing required under sub. (2) (g):
NR 428.08(3)(a)1.
1. The department may grant a written waiver of a scheduled test if any of the following apply:
NR 428.08(3)(a)1.a.
a. The direct stationary source associated with the emissions point subject to the testing requirement will be ceasing operation within one year of a scheduled test.
NR 428.08(3)(a)1.b.
b. The most recently completed results from a test conducted according to the methods and procedures specified under s.
NR 439.07 for the direct stationary source demonstrate that the emissions of the air contaminant for which compliance emissions testing is required under this section are 50 percent or less of the applicable emission limitation. If a waiver from a test is granted, the owner or operator shall then conduct the next test according to the schedule under sub. (2) (g) 4.
NR 428.08(3)(a)1.c.
c. The direct stationary source associated with the emissions point subject to the testing requirement has not operated more than 360 hours in the 12-month period prior to the scheduled test date.
NR 428.08(3)(a)1.d.
d. The most recently completed test, conducted according to the methods and procedures specified under s.
NR 439.07, was conducted less than 12 months prior to the date that testing would be required under par. (b).
NR 428.08(3)(a)1.e.
e. For each fuel used, the emissions unit is certified to meet emissions standards under
40 CFR part 60 that are equal to or more restrictive than the applicable emission limitation under s.
NR 428.04 or
428.05, and the emissions unit is installed and configured according to the manufacturer's specifications.
NR 428.08(3)(a)1.f.
f. The emissions unit is operated only to restart electric generation in the event of a complete loss of facility power.
NR 428.08(3)(a)1.g.
g. The emissions unit is operated no more than 500 hours per year and no more than 200 hours during the ozone season, and its only purpose is to provide electricity to a facility if normal electricity service is interrupted or to replace normal critical operations at a facility.
NR 428.08(3)(a)1.h.
h. The emissions unit's only function is to pump water in the case of a fire emergency.
NR 428.08(3)(a)1.i.
i. The emissions unit utilization is less than 10 percent of its capacity factor on an annual average basis over a 3-year rolling period and less than 20 percent of its capacity factor in any year of the 3-year rolling period and that is owned or operated by an electric generation utility or gas transmission utility.
NR 428.08(3)(a)1.L.
L. The emissions unit is a gaseous fuel fired unit used to control VOC emissions from a commercial or industrial process.
NR 428.08(3)(a)2.
2. The department may grant an extension of up to 180 days for compliance emissions 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 frame specified under sub. (2) (g) 4.
NR 428.08(3)(b)
(b) The owner or operator shall submit a request for a waiver or extension under par. (a) 1. in writing for department review and approval at least 60 days prior to the required test date.
NR 428.08 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01;
CR 08-103: am. (title) and (2) (title), cr. (2) (f)
Register August 2009 No. 644, eff. 9-1-09;
CR 23-017: r. and recr. (2) (e) (title), cr. (2) (f) (title), (g), (3) Register March 2024 No. 819, eff. 4-1-24.
