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NR 428.23(2)(b)(b) Emissions performance testing. When measuring emissions according to performance testing requirements of sub. (1) (b) 3., the 30-day rolling average emission rate or concentration shall be the emissions determined in sub. (1) (b) 3. d. for the most recent performance test.
NR 428.23(2)(c)(c) Multiple fuel-fired emissions units. When measuring emissions for an emissions unit firing multiple fuels, compliance shall be determined according to one of the following methods:
NR 428.23(2)(c)1.1. The unit’s emissions shall be monitored and compiled according to applicable methods in par. (a) or (b) for each individual fuel and compliance demonstrated with the emission limitation for each fuel.
NR 428.23(2)(c)2.2. The unit’s emissions and a multiple fuel emission limit shall be determined on a total heat input fuel weighted basis according to equation 3. A fuel representing less than 1% of the unit’s annual fuel consumption on a heat input basis may be excluded in determining the multiple fuel emission limit.
  Equation 3
where:
EHIWeighted is the heat input weighted multiple fuel emission rate or emission limitation for the compliance period in units consistent with the units of the emission limitation
Ef is the emission rate or emission limit for fuel f during the compliance period in units consistent with the units of the emission limitation
HIf is the total heat input for fuel f during the compliance period
n is the number of different fuels used during the compliance period
NR 428.23(2)(d)(d) Total heat input and mass emissions. When measuring hourly heat input or mass of NOx emissions according to sub. (1) (b) 5., the totals over a period of time shall be compiled according to the following procedures:
NR 428.23(2)(d)1.1. The total hourly heat input shall be summed for the hours the emissions unit operated during the applicable period of time according to equation 4.
  Equation 4
where:
HItotal is the total heat input by fuel over the period of time
HIh is the heat input by fuel for hour h
n is the number of hours over which the specific fuel was burned
NR 428.23(2)(d)2.2. The total hourly mass of NOx emissions shall be summed for the hours the emissions unit operated during the applicable period of time according to equation 5.
  Equation 5
where:
NOx Masstotal is the total mass of NOx emissions over the period of time
Massh is the mass of NOx emissions for hour h
n is the number of hours the emissions unit is operating during the specified period of time
NR 428.23 HistoryHistory: CR 07-016: cr. Register July 2007 No. 619, eff. 8-1-07; CR 08-103: am. (1) (b) 1., cr. (1) (b) 9. Register August 2009 No. 644, eff. 9-1-09.
NR 428.24NR 428.24Recordkeeping and reporting.
NR 428.24(1)(1)Emission limitations. The owner or operator of an emissions unit subject to an emission limitation in s. NR 428.22 shall meet the recordkeeping and reporting requirements of this subsection.
NR 428.24(1)(a)(a) Recordkeeping. In addition to the recordkeeping requirements of ss. NR 439.04 (1) and (2) and 439.05, the owner or operator shall maintain records of all of the following:
NR 428.24(1)(a)1.1. The applicable emission limit and calculated heat input weighted emission limit for an emissions unit demonstrating compliance for multiple fuels.
NR 428.24(1)(a)2.2. The 30-day rolling average emission rate on a daily basis determined according to s. NR 428.23.
NR 428.24(1)(a)3.3. The total monthly heat input for each fuel or the emissions unit output, as applicable, in measurement units consistent with the units of the applicable emission limitation.
NR 428.24(1)(a)4.4. The emissions unit’s annual and ozone season capacity utilization in measurement units consistent with the units of the applicable emission limitation.
NR 428.24(1)(a)5.5. For the emissions monitoring system required in s. NR 428.23 (1) (b) on an annual and on an ozone season basis, records of performed maintenance, hours of malfunction and necessary repairs, and the percent of hours the monitoring system operated during the emissions unit’s operating hours.
NR 428.24(1)(b)(b) Reporting. In the reports to the department required under s. NR 428.25 (1), if applicable, or s. NR 439.03 (1) (b), the owner or operator shall submit the following information:
NR 428.24(1)(b)1.1. A certification of compliance with the applicable emission limitation in s. NR 428.22 or identification of the periods of non-compliance, with a quantification of the excess emission rate and the excess mass emissions.
NR 428.24(1)(b)2.2. For each calendar month, the highest 30-day rolling average emission rate. The emissions data shall be reported in the measurement units of the applicable emission limitation.
NR 428.24(1)(b)3.3. The emissions unit’s annual and ozone season total operating hours, capacity utilization, and the percent operation of any required continuous emissions or combustion monitoring systems during the hours the emissions unit was operating.
NR 428.24(1)(c)(c) Secondary fuel usage recordkeeping. The owner or operator claiming exemption from the requirements under s. NR 428.22 pursuant to s. NR 428.22 (3) shall keep a record of all of the following:
NR 428.24(1)(c)1.1. Each occurrence when the fuel denoted under s. NR 428.22 (3) was burned.
NR 428.24(1)(c)2.2. The reason for each occurrence when the fuel denoted under s. NR 428.22 (3) was burned.
NR 428.24(1)(c)3.3. The monthly and yearly total hours of operation for each fuel used as specified under s. NR 428.22 (3).
NR 428.24(1)(c)4.4. Other relevant information as required by the department.
NR 428.24(2)(2)General exemption unit. The owner or operator of an emissions unit claiming exemption under s. NR 428.21 (1), shall record operational parameters necessary to demonstrate the unit’s qualification for the exemption status.
NR 428.24(2m)(2m)Reciprocating engines. The owner or operator of an emissions unit claiming exemption under s. NR 428.21 (2m) (a) 2., shall maintain a record of horsepower-hours of operation for each ozone season. Measurement of horsepower-hours may be determined using recorded data which can be directly related to actual horsepower-hours of operation of the engine including actual total operating hours, fuel consumption, or load and duration measurements.
NR 428.24(3)(3)Low operating unit. The owner or operator claiming a low operating unit exemption for an emissions unit under s. NR 428.21 (2), shall maintain a record of the unit’s applicable fuel heat input or production output, as applicable, the unit’s total capacity utilization on an ozone season and on an annual basis for each calendar year and calculations demonstrating the unit’s qualification for the exemption.
NR 428.24(4)(4)Other regulated unit. The owner or operator claiming a regulated emissions unit exemption for an emissions unit under s. NR 428.21 (3), shall maintain a record of all performance tests, calculations, assumptions and methods used to determine the emissions unit’s potential emissions.
NR 428.24 HistoryHistory: CR 07-016: cr. Register July 2007 No. 619, eff. 8-1-07; CR 08-103: am. (1) (b) (intro.) Register August 2009 No. 644, eff. 9-1-09; CR 23-017: cr. (1) (c) Register March 2024 No. 819, eff. 4-1-24.
NR 428.25NR 428.25Alternative compliance methods and approaches.
NR 428.25(1)(1)Emissions averaging. The owner or operator of an emissions unit may demonstrate compliance with an NOx emission limitation in s. NR 428.22 by participating in an emissions rate averaging program according to the general provisions of par. (a) and either the specifications for facility wide averaging in par. (b) or for multi-facility averaging in par. (c).
NR 428.25(1)(a)(a) General provisions.
NR 428.25(1)(a)1.1. ‘Participating units.’
NR 428.25(1)(a)1.a.a. The participation of an emissions unit in an emissions averaging program shall be designated for each calendar year. Individual emissions units may not be withdrawn from an averaging program during a calendar year, unless each emissions unit in the averaging program meets its applicable emission limit in s. NR 428.22.
NR 428.25(1)(a)1.b.b. If an emissions unit at a facility participates in an averaging program, all similar units at the facility shall be included in the averaging program unless the unit is complying with an emission limit in s. NR 428.22 or is participating in another emissions averaging program under this subsection. Similar units at a facility are those which serve a similar process or purpose and which are described by the same general source category under s. NR 428.22 without regard to fuel type or unit size threshold.
NR 428.25(1)(a)1.c.c. An emissions unit for which the department has approved an alternative emission limit or compliance schedule under sub. (3) may not participate in an emissions averaging program under this subsection for the purpose of demonstrating compliance with the approved alternative emission limitation or compliance schedule.
NR 428.25(1)(a)2.2. ‘Monitoring requirement.’ The owner or operator of an emissions unit participating in an emissions averaging program shall monitor all necessary NOx emissions, as applicable, according to requirements of s. NR 428.23 (1) (b) 1. or 2. The total heat input and NOx mass emissions shall be monitored and measured according to s. NR 428.23 (1) (b) 5. and compiled according to s. NR 428.23 (2) (d).
NR 428.25(1)(a)3.3. ‘New units.’ An emissions unit which begins operation on or after August 1, 2007 may not participate in an emissions averaging program under this subsection.
NR 428.25(1)(a)4.4. ‘Emission reductions.’ For purposes of this subsection, only emission reductions which go beyond all state and federal requirements are considered excess emission reductions.
NR 428.25(1)(b)(b) Facility averaging. An owner or operator may average emissions from emissions units at one facility by complying with the following procedures for demonstrating compliance on an annual and on an ozone season basis with an aggregate NOx emission limit and mass emissions cap:
NR 428.25(1)(b)1.1. ‘Notification.’ The owner or operator shall submit to the department a notification of an NOx emissions averaging program by October 1 of the year prior to the emissions averaging year. The notification shall include the following information:
NR 428.25(1)(b)1.a.a. The participating emissions units.
NR 428.25(1)(b)1.b.b. The owner or operator of each emissions unit.
NR 428.25(1)(b)1.c.c. For a unit subject to s. NR 428.22, the applicable emission limitation.
NR 428.25(1)(b)1.d.d. For a participating emissions unit not subject to s. NR 428.22, the average emission rate by fuel type over the unit’s normal operating range determined according to methods of s. NR 428.23 (1) (b) 3. The tested average emission rate may be adjusted based on a heat input weighted average of the emissions unit’s annual percent operation at different load points in the previous calendar year.
NR 428.25(1)(b)1.e.e. For averaging programs effective on or after January 1, 2013, for each emissions unit, the annual and ozone season heat input for 2000 to 2005, and the annual and ozone season average of the 3 years of highest annual heat input for 2000 to 2005.
NR 428.25(1)(b)1.f.f. For averaging programs effective on or after January 1, 2013, an annual and ozone season NOx mass emissions cap in aggregate for the emissions units in the averaging program. The mass emissions caps shall be the summation of the products for each emissions unit of the emission limitation in subd. 1. c. or the average emission rate in subd. 1. d. and the 3-year average annual or ozone season heat input. The mass emission cap shall be calculated as follows:
  Equation 6
where:
MC is either the annual mass emissions cap or the ozone season mass emissions cap in tons of NOx for all units participating in the averaging program
Ej is the applicable emission limitation for fuel j submitted in subd. 1. c. or the average emission rate in subd. 1. d.
HIj is either the average annual or ozone season heat input for fuel j, submitted in subd. 1. e., for the 3 years of highest heat input from 2000 to 2005
k is the number of fuels fired by a unit either during the year or during the ozone season
n is the number of units participating in the averaging program
NR 428.25(1)(b)2.2. ‘Implementation.’ The department shall review the proposed averaging program provided in the notification and unless the department, within 30 days of receiving the proposed averaging program, requests additional information or revisions to the program, the owner or operator shall comply with the submitted emissions averaging program.
NR 428.25(1)(b)3.3. ‘Compliance demonstration.’ The owner or operator of emissions units participating in the averaging program shall submit a compliance report containing the following information by March 1 of the calendar year following the averaging program year:
NR 428.25(1)(b)3.a.a. The annual and ozone season actual heat input by fuel type for each emissions unit in the averaging program.
NR 428.25(1)(b)3.b.b. The annual and ozone season actual NOx mass emissions for each emissions unit.
NR 428.25(1)(b)3.c.c. The annual and ozone season actual average NOx emission rate for each emissions unit calculated as follows:
  Equation 7
where:
ERavg is the annual or ozone season average emission rate for each emissions unit
NOx Mass is the total NOx mass emissions for the averaging period
HIj is the heat input for fuel type j for the averaging period
n is the number of fuels fired during the averaging period
NR 428.25(1)(b)3.d.d. The annual and ozone season actual NOx mass emissions and heat input in aggregate for all emissions units.
NR 428.25(1)(b)3.e.e. The annual and ozone season actual aggregate NOx emission rate for all emissions units. This emission rate is the summation of the total mass of NOx emissions for all emissions units divided by the total heat input for all emissions units and is calculated as follows:
  Equation 8
where:
ERaggr is the emission rate in aggregate for all emissions units on an annual or ozone season basis
NOx Massu is the total NOx mass emissions for emissions unit u, for the averaging period
HIu is the total heat input for each emissions unit u, for the averaging period
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.