NR 428.055(3)(b)(b) Offer, through public notice, the opportunity for public comments including, where requested, a public hearing.

NR 428.055(3)(c)(c) State in writing the reasons for denying, granting, or for granting in modified form any request.

NR 428.055(4)(4) Revocation and modification of alternatives. The department may, after notice and opportunity for hearing, revoke or modify any alternative site-specific emission limitation when any of the following occurs:

NR 428.055(4)(a)(a) Any term or condition of the alternative has been violated.

NR 428.055(4)(b)(b) Changes in ambient air quality indicate that the source has a significant adverse impact as determined by methods acceptable to the department on the attainment or maintenance of any ambient air quality standard.

NR 428.055(4)(c)(c) The owner or operator did not act in good faith in demonstrating the technological or economic infeasibility of compliance with the limitations or in submitting other relevant information in support of the alternative request.

NR 428.055(5)(5) Effective date of alternatives. When the department grants, modifies, or revokes a site-specific alternative to a limitation that has been approved by the administrator as part of the SIP, the alternative will not become effective until all of the following conditions have been met:

NR 428.055(5)(a)(a) The department has submitted the alternative to the administrator pursuant to applicable law, including 42 USC 7410 and 40 CFR parts 51 and 52, and all such requirements have been met.

NR 428.055(5)(b)(b) The alternative has been approved by the administrator as a site-specific SIP revision.

NR 428.06(1)(1) Emissions unit compliance. Except as provided in sub. (2), each emissions unit subject to the requirements of s. NR 428.04 (2) or 428.05 (3) shall demonstrate compliance with the applicable performance standards under those provisions on a per unit basis.

NR 428.06(2)(a)(a) Except as provided in par. (b), units subject to s. NR 428.05 (3) (a) may participate in an ozone season NOx emission averaging program for purposes of demonstrating compliance with ozone season NOx emission limitations in s. NR 428.05 (3) during the ozone seasons of calendar years 2003 and later.

NR 428.06(2)(b)(b) Excess NOx emission reductions from emissions units subject to s. NR 428.05 that are used in an ozone season NOx emissions averaging program under this subchapter may not be used for demonstrating compliance by an emissions unit with an NOx emission limitation established under ch. NR 405 or 408 or s. NR 409.065 or 428.04.

NR 428.06(2)(c)(c) Excess NOx emission reductions, for purposes of meeting the requirements of this subchapter, shall be emissions reductions beyond those required to meet all state and federal requirements. In addition, excess emission reductions shall be quantifiable through the monitoring requirements under ss. NR 428.05 and 428.07, and enforceable.

NR 428.06(3)(3) Aggregate limit on ozone season emissions. All units participating in an ozone season NOx emissions averaging program after December 31, 2007 shall be subject to an aggregate limit on the total tons of NOx which may be emitted during the ozone season as determined under sub. (4) (e).

NR 428.06(4)(4) Prospective emissions averaging plan. An owner or operator of an emissions unit who wishes to participate in an ozone season NOx emissions averaging program shall submit a prospective emissions averaging plan to notify the department of all the owner’s or operator’s emissions units participating in an ozone season NOx emissions averaging program. This plan shall establish compliance requirements for each unit and for all units in the aggregate with respect to emissions rate limitations and mass emissions limitations. The plan shall estimate each participating unit’s anticipated operation to meet these requirements.

NR 428.06(4)(a)(a) Plan submission. The emissions averaging plan shall be submitted to the department no later than 90 days prior to the beginning of the ozone season covered by the plan. A revised plan may be submitted to the department no later than 30 days prior to the beginning of the ozone season covered by the plan.

NR 428.06(4)(b)(b) Plan elements. The emissions averaging plan shall include the following information for each emissions unit participating in the averaging program. All information shall be provided by applicable fuel category.

NR 428.06(4)(b)4.4. The projected average NOx emission rate, in pounds per million Btu or equivalent, and total mass emissions for the ozone season.

NR 428.06(4)(b)5.5. Information sufficient to determine the emission rate and mass emission limit and the alternative compliance limit required under par. (f) for each unit.

NR 428.06(4)(c)(c) Units with multiple owners. If an emissions unit has multiple owners, the unit’s mass emissions and heat input may be allocated among the owners provided all mass emissions and the entire heat input of the unit are allocated. Alternatively, the operator of a unit with multiple owners shall be allocated all mass emissions and the entire heat input. Each owner may use his or her share of mass emissions and heat input in any ozone season NOx emissions averaging plan. Each owner shall be the responsible party for compliance and liability for the owner’s share of mass emissions and heat input for the requirements of this subchapter.

NR 428.06(4)(d)(d) Plan emission rate limit.

NR 428.06(4)(d)1.1. The emissions averaging plan shall establish an aggregate ozone season NOx emission rate limit for all of the emissions units participating in the averaging program.