NR 445.08(9)(9) Extensions to compliance schedule. The department may, at the request of the owner or operator of a source, grant an extension of any applicable compliance deadline in sub. (6) (b) or (c) 1. or 2. or s. NR 445.09 (4) (a) or (b) for a period not to exceed 180 calendar days. NR 445.08(10)(a)(a) Notwithstanding the compliance deadline in sub. (6) (c) 2., a source needing department approval under sub. (8) shall achieve final compliance with applicable control requirements by the later of: NR 445.08(10)(b)(b) The owner or operator of a source that achieved compliance with requirements of this chapter by installing emission control equipment prior to July 1, 2004 may not be required to install additional control equipment to achieve compliance with this chapter for a period of 10 years after the installation of the control equipment or the useful life of the control equipment as determined by the department, whichever is less. For the purposes of this paragraph, increasing stack height, other dilution measures or material reformulation may not be construed as installation of emission control equipment. Material reformulation that requires substantial capital expenditures for process equipment that was carried out with prior department approval and that results in a reduction of emissions of hazardous air contaminants that is sufficient to comply with the limitations of this chapter may be construed as installation of emission control equipment under this paragraph. NR 445.08 HistoryHistory: CR 02-097: cr. Register June 2004 No. 582, eff. 7-1-04; CR 07-076: am. (6) (d) 1., 2. (intro.), a. and (10) (b) Register July 2008 No. 631, eff. 8-1-08; 2011 Wis. Act 122: r. (3) (c), (6) (d) 1., 2. (intro.) (in part) a., b.; s. 35.17 correction in (6) (c) 2. made under s. 35.17, Stats., Register March 2016 No. 723. NR 445.09NR 445.09 Fuel, control and compliance requirements for compression ignition internal combustion engines combusting fuel oil. NR 445.09(1)(1) Applicability. This section applies to any compression ignition internal combustion engine that is capable of combusting fuel oil, except for any of the following: NR 445.09(1)(a)(a) An engine with rated brake power less than 100 horsepower. NR 445.09(1)(d)(d) An engine manufactured after July 1, 2004 installed to provide substitute power during maintenance or repair of a CI engine subject to sub. (3) (a), provided the substitute engine has a power rating equal to or less than the existing engine, operates less than 10 consecutive days per substitution and meets the fuel requirement in sub. (2). NR 445.09(1)(e)(e) An engine that meets the fuel requirement in sub. (2) and is approved by US EPA to meet either of the following: NR 445.09(1)(e)1.1. The Tier 2 particulate emission standard for nonroad engines as found in 40 CFR part 89 for an engine that meets either of the following: NR 445.09(1)(e)1.a.a. Is purchased prior to January 1, 2011 and rated at 175 horsepower or greater. NR 445.09(1)(e)1.b.b. Is purchased prior to January 1, 2012 and rated from 100 to less than 175 horsepower. NR 445.09(1)(e)2.a.a. Is purchased on or after January 1, 2011 and rated at 175 horsepower or greater. NR 445.09(1)(e)2.b.b. Is purchased on or after January 1, 2012 and rated from 100 to less than 175 horsepower. NR 445.09(2)(2) Fuel requirements. The owner or operator of a compression ignition engine may not combust fuels with a sulfur content greater than 15 ppm unless particulate matter emissions are controlled as required under sub. (3) (d). NR 445.09(3)(a)(a) The owner or operator of a CI engine that stays, or that is intended to stay, in a single location for any 12 consecutive month period, and that combusts or intends to combust 10,000 gallons or more of fuel oil during that period of time, shall do one of the following as appropriate: NR 445.09(3)(a)1.1. For an engine manufactured or last rebuilt prior to January 1, 1995, install, operate and maintain a control device that achieves at least 85% overall control of particulate matter emissions or a certified control device that has an overall level of particulate matter emission control that is great enough to ensure that one of the following emission rates is achieved: NR 445.09(3)(a)1.a.a. 0.10 grams per brake horsepower-hour for engines rated from 100 to 750 horsepower. NR 445.09(3)(a)1.b.b. 0.03 grams per brake horsepower-hour engines rated at greater than 750 horsepower. NR 445.09(3)(a)2.2. For an engine manufactured or last rebuilt on or after January 1, 1995 and prior to July 1, 2006, install, operate and maintain a certified control device that has an overall level of control that is great enough to ensure that the applicable emission rate in subd. 1. a. or b. is achieved. NR 445.09(3)(a)3.3. For an engine manufactured or last rebuilt on or after July 1, 2006 and prior to July 1, 2010, either control particulate matter emissions to a level that is the best available control technology or install, operate and maintain a certified control device that has an overall level of particulate matter emission control that is great enough to ensure that an emission rate of 0.03 grams per brake horsepower-hour is achieved. NR 445.09(3)(a)4.4. For an engine manufactured or last rebuilt on or after July 1, 2010, either control particulate matter emissions to a level that is the best available control technology or install, operate and maintain a certified control device that has an overall level of particulate matter emission control that is great enough to ensure that an emission rate of 0.01 grams per brake horsepower-hour is achieved.