NR 446.17(1)(1) Annual compliance report. By July 1, 2017, the owner or operator of a coal-fired EGU subject to this subchapter shall prepare and submit a compliance report for the initial period of April 16, 2016 to April 15, 2017. On or before March 1, 2018, and on or before March 1 of every calendar year thereafter, the owner or operator of a coal-fired EGU subject to this subchapter shall prepare and submit a compliance report for the previous calendar year. The report shall include all of the following:

NR 446.17(1)(a)(a) The actual mercury emissions and, if subject to NOx and SO2 emission limitations under this subchapter, the actual NOx and SO2 emissions from each coal-fired EGU for the previous year following the methodology in s. NR 446.18.

NR 446.17(1)(c)(c) The amount of early reduction emission credits certified under s. NR 446.15 and currently held by the owner or operator, in pounds, and the amount of certified early reduction emission credits being surrendered.

NR 446.17(1)(d)(d) A comparison of annual actual emissions minus any surrendered early emission reduction credits to the annual allowable emissions, in pounds, for each coal-fired EGU by the applicable emission limitation requirement established in sub. (2) using the methods and procedures in s. NR 446.18.

NR 446.17 NoteNote: The compliance periods and compliance report due dates are specified in order to allow for 12 month emission averaging periods in complying with large EGU emission limitations, and in complying with small EGU emission limitation if appropriate. The initial compliance report due by July 1, 2017 will demonstrate compliance for the period of April 16, 2016 to April 15, 2017. The second compliance report will be due on March 1, 2018 and will demonstrate compliance for the period of January 1, 2017 to December 31, 2017. All subsequent reports will be due on March 1 of each year and will demonstrate compliance for the previous calendar year.

NR 446.17(2)(a)(a) No later than December 31, 2010, owners or operators of coal-fired EGUs affected by the requirements of this subchapter shall identify for each unit under their ownership or control the mercury emission limitations in this subchapter for those units including any elections made under ss. NR 446.12 (2) and 446.14 (1). This identification shall be made to the department in writing.

NR 446.17(2)(b)(b) Within 90 days after the receipt of the report in sub. (1), the department shall notify the owner or operator in writing of the emission limitation designations for each coal-fired EGUs subject to this subchapter.

NR 446.17(2)(c)(c) Designations by the department under par. (b) shall establish emission limitation requirements under this subchapter.

NR 446.17(3)(a)(a) No later than June 30, 2011, owners or operators of small coal-fired EGUs subject to s. NR 446.12 shall provide the department with a preliminary BACT determination.

NR 446.17(3)(b)(b) Notwithstanding par. (a), a small coal-fired EGU designated by the department under sub. (2) to meet the emission limitations in s. NR 446.13 or 446.14 are not required to provide a preliminary BACT determination.

NR 446.17(3)(c)(c) The owner or operator shall submit the information required in par. (a) on the application form required for an operation permit, an amendment to an application, or renewal of the operation permit, as applicable.

NR 446.17(3)(d)(d) Within 180 days after the receipt of the information in par. (c), the department shall approve, conditionally approve or disapprove the owner’s or operator’s preliminary BACT determination.

NR 446.17 HistoryHistory: CR 07-036: cr. Register November 2008 No. 635, eff. 12-1-08; CR 13-089: am. (1) (intro.) Register July 2014 No. 703, eff. 8-1-14.

NR 446.18(1)(1) Monitoring requirements. Owners and operators of a coal-fired EGU affected by this subchapter shall monitor emissions, heat input, electricity generation and process thermal energy, as required to demonstrate compliance, according to the following methods and specifications:

NR 446.18(1)(a)(a) For NOx and SO2, hourly mass emissions according to 40 CFR part 75 and 40 CFR part 75, Appendices A to I, incorporated by reference in ss. NR 484.03 (7) and 484.04 (27) respectively.

NR 446.18(1)(b)(b) For mercury, hourly mass emissions using continuous emission monitoring. By December 31, 2013, the department shall promulgate rules that specify the requirements for continuous emission monitoring for purposes of this paragraph.

NR 446.18 NoteNote: On February 8, 2008, the U.S. District Court of Appeals for the D.C. Circuit vacated rules the department had intended to rely on related to continuous emission monitoring for mercury emissions. (See New Jersey, et. al. v. Environmental Protection Agency, D.C. Ct. App. No 05-1097, February 8, 2008.)

NR 446.18(1)(c)(c) For heat input flow rate and hourly heat input, according to 40 CFR part 75 and 40 CFR part 75, Appendices A to I, incorporated by reference in ss. NR 484.03 (7) and 484.04 (27) respectively.

NR 446.18(2)(2) Determining annual actual emissions. Owners and operators of a coal-fired EGU affected by this subchapter shall determine annual mass of actual emissions for each pollutant as the sum of monitored emissions according to Equation 1.