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.

NR 428.09(4)(c) (c) For a unit that is reporting on an ozone season basis under this subsection, the NOx emission rate and NOx concentration values substituted for missing data under subpart D of 40 CFR part 75 are calculated using only values from an ozone season and do not systematically underestimate NOx emissions.

NR 428.09 History History: Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 08-103: am. (2) (a) Register August 2009 No. 644, eff. 9-1-09.

NR 428.10 NR 428.10 Petitions. The owner or operator of an NOx emissions source may submit a petition to the department requesting approval to apply an alternative to any requirement of this subchapter. Application of an alternative to any requirement of this subchapter is in accordance with this subchapter only to the extent that the petition under this section is approved by the department.

NR 428.10 History History: Cr. Register, January, 2001, No. 541, eff. 2-1-01.

NR 428.11 NR 428.11 Additional requirements to provide heat input data. The owner or operator of a unit that either monitors and reports or elects to monitor and report NOx mass emissions using an NOx concentration system and a flow system shall also monitor and report heat input at the unit level.

NR 428.11 History History: Cr. Register, January, 2001, No. 541, eff. 2-1-01.

NR 428.12 NR 428.12 Alternative monitoring, recordkeeping and reporting.

NR 428.12(1) (1) RACT emissions units. The owner or operator of an NOx emissions unit that is also subject to an emission limitation in s. NR 428.22 may satisfy the NOx emissions monitoring and reporting requirements of this subchapter by meeting the applicable NOx emissions monitoring requirements in s. NR 428.23 (1) (b) and (2) and the recordkeeping and reporting requirements in s. NR 428.24 (1).

NR 428.12(2) (2) Non-RACT emissions units. The owner or operator of an NOx emissions unit subject to an emission limitation in s. NR 428.04 (2) or 428.05 (3) may satisfy the NOx emissions monitoring and reporting requirements of this subchapter by meeting, as applicable by source type, the NOx emissions monitoring requirements in s. NR 428.23 (1) (b) and (2) and the recordkeeping and reporting requirements in s. NR 428.24 (1).

NR 428.12 History History: CR 08-103: cr. Register August 2009 No. 644, eff. 9-1-09.

subch. IV of ch. NR 428 Subchapter IV — NOX Reasonably Available Control Technology Requirements

NR 428.20 NR 428.20 Applicability and purpose.

NR 428.20(1) (1) Applicability.

NR 428.20(1)(a) (a) The requirements of this subchapter apply to the owner or operator of a NOX emissions unit that is in a source category identified under s. NR 428.22 and that is located at a facility that meets any of the following conditions:

NR 428.20(1)(a)1. 1. The facility is located in the county of Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington, or Waukesha and the maximum theoretical emissions of NOx from all emission units in all source categories identified under s. NR 428.22 combined is equal to or greater than 100 tpy.

NR 428.20(1)(a)2. 2. The facility is located in an area that is classified as a moderate, serious, severe, or extreme ozone nonattainment area and the maximum theoretical emissions of NOx from all emission units in all source categories identified under s. NR 428.22 combined is equal to or greater than the following:

NR 428.20(1)(a)2.a. a. 100 tpy for moderate ozone nonattainment area.

NR 428.20(1)(a)2.b. b. 50 tpy for serious ozone nonattainment area.

NR 428.20(1)(a)2.c. c. 25 tpy for severe ozone nonattainment area.

NR 428.20(1)(a)2.d. d. 10 tpy for extreme ozone nonattainment area.

NR 428.20(1)(a)3. 3. The facility is located in an area that, at any time on or after July 20, 2012, had been classified as a moderate, serious, severe, or extreme ozone nonattainment area and the maximum theoretical emissions of NOx from all emission units in all source categories identified under s. NR 428.22 combined is equal to or greater than the following:

NR 428.20(1)(a)3.a. a. 100 tpy for former moderate ozone nonattainment area.

NR 428.20(1)(a)3.b. b. 50 tpy for former serious ozone nonattainment area.

NR 428.20(1)(a)3.c. c. 25 tpy for former severe ozone nonattainment area.

NR 428.20(1)(a)3.d. d. 10 tpy for former extreme ozone nonattainment area.