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 428.20NR 428.20 Applicability and purpose.

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)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)(b)(b) If more than one emission threshold under par. (a) is applicable to the same area due to different ozone standards or a change in nonattainment classification, the lowest applicable emission threshold under par. (a) 2. or 3. applies.

NR 428.20 NoteNote: The department maintains materials accessible to the public that show current Wisconsin nonattainment areas and summarizes the applicable permitting requirements for major sources of emissions within these areas.

NR 428.20(1)(c)(c) The requirements of this subchapter remain applicable to each affected unit regardless of any subsequent decrease in maximum theoretical emissions of NOx at the source to a level below the applicable emission thresholds.

NR 428.20(2)(2) Purpose. The purpose of this subchapter is to meet the requirements of sections 172 (c) and 182 (f) of the Act (42 USC 7502 (c) and 7511a (f)) by establishing reasonably available control technology standards for NOx emissions units in areas that are or have ever been classified as moderate, serious, severe, or extreme nonattainment for ozone under sub. (1).

NR 428.20 HistoryHistory: CR 07-016: cr. Register July 2007 No. 619, eff. 8-1-07; CR 08-103: am. (1) Register August 2009 No. 644, eff. 9-1-09; CR 21-022: renum. (1) to (1) (a) (intro.) and am., cr. (1) (a) 1. to 3., (b), (c), am. (2) Register February 2022 No. 794, eff. 3-1-22; correction in (2) made under s. 35.17, Stats., Register February 2022 No. 794.

NR 428.21NR 428.21 Emissions unit exceptions. The emissions units described in this section are exempt from the emission limitation requirements of s. NR 428.22, but shall comply with applicable record keeping requirements under s. NR 428.24. Once an emissions unit no longer qualifies for an exemption, the owner or operator of the emissions unit shall comply with the requirements of s. NR 428.22 by December 31 of the following calendar year, unless an alternate date is approved in writing by the department and the administrator.

NR 428.21(1)(1) General exemptions. The following emissions units and processes are exempt from the emission limitations in s. NR 428.22:

NR 428.21(1)(a)(a) Any emissions unit operated only to restart electric generation in the event of a complete loss of facility power.

NR 428.21(1)(b)(b) Any emissions unit which is operated no more than 500 hours per year and no more than 200 hours during the ozone season and whose only purpose is to provide electricity to a facility if normal electricity service is interrupted or to replace normal critical operations at a facility.