Chapter NR 428

NR 428.25(1)(d)4. 4. All owners or operators of emissions units considered out of compliance with an averaging program emission limitation are liable for each violation and subject to enforcement and penalty provisions under ss. 285.83 and 285.87, Stats. The owners or operators of the emissions units in the averaging plan shall evaluate the emissions and operating data for any period of non-compliance to determine which units are responsible for the non-compliance event. The information used in this evaluation shall be made available to the department within 30 days of the discovery of a non-compliance event.

NR 428.25(1)(d)5. 5. The parameters required in the notice under par. (c) 1. d. shall constitute annual and ozone season alternative compliance limits for each unit participating in a multi-facility averaging program under par. (c). If compliance is demonstrated under par. (c) 4. g., all emissions units in the averaging program shall be deemed to be in compliance with the alternative compliance limits.

NR 428.25(2) (2) CAIR emissions units. The owner or operator of an emissions unit which is subject to the emission reduction requirements of the clean air interstate rule (CAIR) under 40 CFR part 97 may demonstrate that the NOx emission reductions achieved by the emissions unit in complying with the CAIR requirements constitute compliance with the NOx RACT emission limitation requirements of this subchapter.

NR 428.25(3) (3) Alternative ract requirement.

NR 428.25(3)(a) (a) The owner or operator of an emissions unit may request that the department establish an alternative emission limitation or alternative compliance deadline to the requirements in s. NR 428.22 if the owner or operator demonstrates that it is economically or technically infeasible to meet the requirement.

NR 428.25(3)(b) (b) The owner or operator of the emissions unit shall submit the request with the demonstration for an alternative RACT requirement by the following deadlines:

NR 428.25(3)(b)1. 1. By May 1, 2008 for an emissions unit subject to a compliance date of May 1, 2009.

NR 428.25(3)(b)2. 2. By May 1, 2011 for an emissions unit subject to a compliance date of May 1, 2013.

NR 428.25(3)(b)3. 3. By May 1 of the year following the calendar year in which an emissions unit first becomes subject to an emission limitation in s. NR 428.22, if the emissions unit first becomes subject to an emission limitation in s. NR 428.22 after December 31, 2007.

NR 428.25(3)(c) (c) Any request for an alternative RACT requirement made under this subsection shall be subject to the requirements and procedures of s. NR 436.05 and written approval of the administrator.

NR 428.25 History History: CR 07-016: cr. Register July 2007 No. 619, eff. 8-1-07; CR 08-103: am. (1) (a) 1. a., c., and (3) (b) Register August 2009 No. 644, eff. 9-1-09.

NR 428.255 NR 428.255 Compliance schedule. The owner or operator of a facility that has a NOx emission unit that is subject to this subchapter and that is located in any area described under s. NR 428.20 (1) (a) 2. or 3. shall comply with the applicable requirements of this subchapter upon the facility becoming subject to this subchapter, except for any of the following:

NR 428.255(1) (1) The owner or operator of a NOx emission unit that commenced construction before March 1, 2022, and became subject to this subchapter on March 1, 2022, shall comply with the applicable requirements of this subchapter for that unit as expeditiously as practicable, but no later than December 1, 2023.

NR 428.255(2) (2) The owner or operator of a NOx emission unit that becomes subject to this subchapter due to the reclassification of a nonattainment area that occurs after March 1, 2022, shall comply with applicable requirements of this subchapter as expeditiously as practicable, but no later than the start of the attainment year ozone season associated with the area’s new attainment deadline, as indicated by the relevant Federal Register publication, or January 1 of the 3rd year after the associated SIP revision submittal deadline, whichever is earlier.

NR 428.255 Note Note: RACT SIP revisions must be submitted by the department no later than 24 months after the effective date of the reclassification, as indicated by the relevant Federal Register publication.

NR 428.255(3) (3) The owner or operator of a NOx emission unit that becomes subject to this subchapter due to the initial designation of a nonattainment area that occurs after March 1, 2022, shall comply with applicable requirements of this subchapter as expeditiously as practicable, but no later than January 1 of the 5th year after the effective date of the initial designation, as indicated by the relevant Federal Register publication.

NR 428.255 History History: CR 21-022: cr. Register February 2022 No. 794, eff. 3-1-22; correction in (1) made under s. 13.92 (4) (b) 14., Stats., Register February 2022 No. 794.

NR 428.26 NR 428.26 Utility reliability waiver. The owner or operator of an emissions unit used for purposes of electric or steam utility generation or natural gas utility transmission and subject to an emission limitation in s. NR 428.22 may request that the department grant a waiver from meeting the emission limitation for a specific period of time based on the following criteria and procedures:

NR 428.26(1) (1) The waiver request is due to the utility’s need to maintain a supply of electricity, steam, or natural gas to non-interruptible customers.

NR 428.26(2) (2) A waiver request may only be based on an unavoidable or unforeseeable event including:

NR 428.26(2)(a) (a) A major electric supply event affecting the utility.

NR 428.26(2)(b) (b) A major fuel supply disruption affecting the utility.

NR 428.26(2)(c) (c) A disruption in the operation of a generating unit or pollution control equipment.

NR 428.26(3) (3) The owner or operator of a utility shall submit a written request for a waiver that provides information sufficient to demonstrate to the department’s satisfaction that granting the waiver is warranted. The request shall include the following:

NR 428.26(3)(a) (a) The duration of the conditions warranting the waiver.

NR 428.26(3)(b) (b) The specific measures taken to mitigate emissions during the duration for which the waiver is requested.

NR 428.26(3)(c) (c) The reasons why the utility was unable to achieve compliance with the emission requirement.

NR 428.26(4) (4) The department may grant a waiver under this section if, in consultation with the public service commission and written approval by the administrator, the department determines that the owner or operator’s failure to meet a requirement under s. NR 428.22 is consistent with criteria of sub. (2).

NR 428.26(5) (5) Within 60 days after the receipt of a complete request, the department shall publish a public notice of the receipt of the waiver request and the department’s preliminary determination to approve, partially approve, or deny the request. The department shall provide an opportunity for public comments on the request and the department’s preliminary determination. The department shall hold a public hearing on the request if a hearing is requested by a person affected by the waiver request.

NR 428.26(6) (6) Following the public comment period, the department shall notify the applicant in writing of the final determination to approve, conditionally approve or deny the waiver request.

NR 428.26 History History: CR 07-016: cr. Register July 2007 No. 619, eff. 8-1-07.