Chapter NR 428

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) (3) Exceptions.

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.j. j. The emissions unit is a research or development unit.

NR 428.08(3)(a)1.k. k. The emissions unit is an engine testing operation or process line.

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.

NR 428.09 NR 428.09 Quarterly reports. The owner or operator of a unit subject to the NOx requirements of this subchapter shall submit quarterly reports, as required under this section.

NR 428.09(1) (1) Units subject to an acid rain emission limitation. If a unit is subject to an acid rain emission limitation or if the owner or operator of the NOx emissions unit chooses to meet the annual reporting requirements of this subchapter, the owner or operator shall submit a quarterly report for each calendar quarter beginning with the following quarters:

NR 428.09(1)(a) (a) For units commencing operation prior to December 31, 2002, the calendar quarter from April 1, 2003 to June 30, 2003. Data shall be recorded and reported from the first hour on May 1, 2003.

NR 428.09(1)(b) (b) For a unit that commences operation on or after December 31, 2002, the calendar quarter in which the unit commences operation. Data shall be reported from the date and hour corresponding to when the unit commenced operation.

NR 428.09(2) (2) Units not subject to an acid rain emission limitation. If an NOx emissions unit is not subject to an acid rain emission limitation, the owner or operator of the NOx emissions source shall comply with either of the following requirements:

NR 428.09(2)(a) (a) Meet all of the requirements of 40 CFR part 75 related to monitoring and reporting NOx emissions during the entire year and meet the reporting deadlines specified in sub. (1).

NR 428.09(2)(b) (b) Submit a quarterly report for each calendar quarter, beginning with the following quarters:

NR 428.09(2)(b)1. 1. For units commencing operation prior to December 31, 2002, the calendar quarter from April 1, 2003 to June 30, 2003. Data shall be reported from the first hour of April 1, 2003.

NR 428.09(2)(b)2. 2. For units that commence operation on or after December 31, 2002, the calendar quarter in which the unit commences operation. Data shall be reported from the date and hour corresponding to when the unit commenced operation.

NR 428.09(3) (3) Deadlines for submittals. The owner or operator of an NOx emissions source shall submit each quarterly report to the department within 30 days following the end of the calendar quarter covered by the report according to the following schedule:

NR 428.09(3)(a) (a) For units subject to an acid rain emissions limitation, quarterly reports shall be submitted within 30 days following the end of the calendar quarter covered by the report and include all of the data and information required in subpart G of 40 CFR part 75.

NR 428.09(3)(b) (b) For units not subject to an acid rain emissions limitation, reports shall be submitted with the compliance reports required under the facility’s operation permit.

NR 428.09(4) (4) Compliance certification. The owner or operator of an NOx emissions source shall submit to the department a compliance certification in support of each quarterly report based on reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit’s emissions are correctly and fully monitored. The certification shall state the following:

NR 428.09(4)(a) (a) The monitoring data submitted were recorded in accordance with the applicable requirements of this subchapter, including the quality assurance procedures and specifications.

NR 428.09(4)(b) (b) For a unit with add-on NOx emission controls and for all hours where data are substituted in accordance with 40 CFR 75.34(a)(1), the add-on emission controls were operating within the range of parameters listed in the monitoring plan and the substitute values do not systematically underestimate NOx emissions.

NR 428.09(4)(c) (c) For a unit that is reporting on an ozone season basis under this subsection, the NOx emission rate and NOx concentration values substituted for missing data under subpart D of 40 CFR part 75 are calculated using only values from an ozone season and do not systematically underestimate NOx emissions.

NR 428.09 History History: Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 08-103: am. (2) (a) Register August 2009 No. 644, eff. 9-1-09.

NR 428.10 NR 428.10 Petitions. The owner or operator of an NOx emissions source may submit a petition to the department requesting approval to apply an alternative to any requirement of this subchapter. Application of an alternative to any requirement of this subchapter is in accordance with this subchapter only to the extent that the petition under this section is approved by the department.

NR 428.10 History History: Cr. Register, January, 2001, No. 541, eff. 2-1-01.

NR 428.11 NR 428.11 Additional requirements to provide heat input data. The owner or operator of a unit that either monitors and reports or elects to monitor and report NOx mass emissions using an NOx concentration system and a flow system shall also monitor and report heat input at the unit level.

NR 428.11 History History: Cr. Register, January, 2001, No. 541, eff. 2-1-01.

NR 428.12 NR 428.12 Alternative monitoring, recordkeeping and reporting.

NR 428.12(1) (1) RACT emissions units. The owner or operator of an NOx emissions unit that is also subject to an emission limitation in s. NR 428.22 may satisfy the NOx emissions monitoring and reporting requirements of this subchapter by meeting the applicable NOx emissions monitoring requirements in s. NR 428.23 (1) (b) and (2) and the recordkeeping and reporting requirements in s. NR 428.24 (1).

NR 428.12(2) (2) Non-RACT emissions units. The owner or operator of an NOx emissions unit subject to an emission limitation in s. NR 428.04 (2) or 428.05 (3) may satisfy the NOx emissions monitoring and reporting requirements of this subchapter by meeting, as applicable by source type, the NOx emissions monitoring requirements in s. NR 428.23 (1) (b) and (2) and the recordkeeping and reporting requirements in s. NR 428.24 (1).

NR 428.12 History History: CR 08-103: cr. Register August 2009 No. 644, eff. 9-1-09.

subch. IV of ch. NR 428 Subchapter IV — NOX Reasonably Available Control Technology Requirements

NR 428.20 NR 428.20 Applicability and purpose.

NR 428.20(1) (1) Applicability.

NR 428.20(1)(a) (a) The requirements of this subchapter apply to the owner or operator of a NOX emissions unit that is in a source category identified under s. NR 428.22 and that is located at a facility that meets any of the following conditions:

NR 428.20(1)(a)1. 1. The facility is located in the county of Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, or Waukesha and the maximum theoretical emissions of NOx from all emission units in all source categories identified under s. NR 428.22 combined is equal to or greater than 100 tpy.

NR 428.20(1)(a)2. 2. The facility is located in an area that is classified as a moderate, serious, severe, or extreme ozone nonattainment area and the maximum theoretical emissions of NOx from all emission units in all source categories identified under s. NR 428.22 combined is equal to or greater than the following:

NR 428.20(1)(a)2.a. a. 100 tpy for moderate ozone nonattainment area.

NR 428.20(1)(a)2.b. b. 50 tpy for serious ozone nonattainment area.

NR 428.20(1)(a)2.c. c. 25 tpy for severe ozone nonattainment area.

NR 428.20(1)(a)2.d. d. 10 tpy for extreme ozone nonattainment area.

NR 428.20(1)(a)3. 3. The facility is located in an area that, at any time on or after July 20, 2012, had been classified as a moderate, serious, severe, or extreme ozone nonattainment area and the maximum theoretical emissions of NOx from all emission units in all source categories identified under s. NR 428.22 combined is equal to or greater than the following:

NR 428.20(1)(a)3.a. a. 100 tpy for former moderate ozone nonattainment area.

NR 428.20(1)(a)3.b. b. 50 tpy for former serious ozone nonattainment area.

NR 428.20(1)(a)3.c. c. 25 tpy for former severe ozone nonattainment area.

NR 428.20(1)(a)3.d. d. 10 tpy for former extreme ozone nonattainment area.

NR 428.20(1)(b) (b) If more than one emission threshold under par. (a) is applicable to the same area due to different ozone standards or a change in nonattainment classification, the lowest applicable emission threshold under par. (a) 2. or 3. applies.

NR 428.20 Note Note: The department maintains materials accessible to the public that show current Wisconsin nonattainment areas and summarizes the applicable permitting requirements for major sources of emissions within these areas.

NR 428.20(1)(c) (c) The requirements of this subchapter remain applicable to each affected unit regardless of any subsequent decrease in maximum theoretical emissions of NOx at the source to a level below the applicable emission thresholds.

NR 428.20(2) (2) Purpose. The purpose of this subchapter is to meet the requirements of sections 172 (c) and 182 (f) of the Act (42 USC 7502 (c) and 7511a (f)) by establishing reasonably available control technology standards for NOx emissions units in areas that are or have ever been classified as moderate, serious, severe, or extreme nonattainment for ozone under sub. (1).

NR 428.20 History History: CR 07-016: cr. Register July 2007 No. 619, eff. 8-1-07; CR 08-103: am. (1) Register August 2009 No. 644, eff. 9-1-09; CR 21-022: renum. (1) to (1) (a) (intro.) and am., cr. (1) (a) 1. to 3., (b), (c), am. (2) Register February 2022 No. 794, eff. 3-1-22; correction in (2) made under s. 35.17, Stats., Register February 2022 No. 794.

NR 428.21 NR 428.21 Emissions unit exceptions. The emissions units described in this section are exempt from the emission limitation requirements of s. NR 428.22, but shall comply with applicable record keeping requirements under s. NR 428.24. Once an emissions unit no longer qualifies for an exemption, the owner or operator of the emissions unit shall comply with the requirements of s. NR 428.22 by December 31 of the following calendar year, unless an alternate date is approved in writing by the department and the administrator.

NR 428.21(1) (1) General exemptions. The following emissions units and processes are exempt from the emission limitations in s. NR 428.22:

NR 428.21(1)(a) (a) Any emissions unit operated only to restart electric generation in the event of a complete loss of facility power.

NR 428.21(1)(b) (b) Any emissions unit which is operated no more than 500 hours per year and no more than 200 hours during the ozone season and whose 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 428.21(1)(c) (c) Any emissions unit whose only function is to pump water in the case of a fire emergency.

NR 428.21(1)(d) (d) Any emissions unit whose utilization is less than 10% of its capacity factor on an annual average basis over a 3-year rolling period and less than 20% of its capacity factor in any year of the 3-year rolling period and which is owned or operated by an electric generation utility or gas transmission utility.

NR 428.21(1)(e) (e) A research or development unit.

NR 428.21(1)(f) (f) An engine testing operation or process line.

NR 428.21(1)(g) (g) Any gaseous fuel fired unit used to control VOC emissions from a commercial or industrial process.

NR 428.21(2) (2) Low operating unit. An emissions unit described in s. NR 428.20 is exempt from the emission limitations of s. NR 428.22 if, during each ozone season, the emissions unit’s utilization based on actual measured heat input or output is less than the utilization threshold for the source category according to the following equation:

UUi < (Category capacity ) x (3,672 hours / Ozone Season ) x Capacity Factor     Equation 1

where:

UUi is the unit’s actual fuel consumption or output in measurement units consistent with the calculated utilization threshold for the source category in s. NR 428.22

Category capacity is the lower value in the range of unit capacity or design output used to describe the unit’s source category i in s. NR 428.22

Capacity factor is 0.20 for all source categories in s. NR 428.22

NR 428.21(2m) (2m) Reciprocating engines. Any reciprocating engine that is certified to meet the applicable federal non-road engine emission standards specified in this subsection is exempt from the emission limitations of s. NR 428.22 (1) (i):

NR 428.21(2m)(a) (a) A reciprocating compression ignition engine that is certified as meeting Tier 1 requirements as specified in 40 CFR part 89, if one of the following applies:

NR 428.21(2m)(a)1. 1. The engine has a maximum design power output of less than 2,000 horsepower.

NR 428.21(2m)(a)2. 2. The engine has a maximum design power output equal to or greater than 2,000 horsepower and has a total utilization during each ozone season of less than 1.5 million horsepower-hours, based on actual measured output.

NR 428.21(2m)(b) (b) A reciprocating compression ignition engine that is certified as meeting the Tier 2 standard, as specified in 40 CFR part 89, or a reciprocating compression ignition engine that is certified as meeting the requirements of a more stringent Tier standard, as specified in 40 CFR part 89 or 1039.

NR 428.21(2m)(c) (c) A reciprocating spark ignition engine that is certified as meeting the Tier 1 standard or a reciprocating spark ignition engine that is certified as meeting a more stringent Tier standard, as specified in 40 CFR part 1048.

NR 428.21(3) (3) Other regulated unit. An emissions unit is exempt from the emission limitations under s. NR 428.22 if it meets all of the following conditions: