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.