NR 428.06(4)(e)1.1. The emissions averaging plan shall establish an ozone season aggregate mass NOx emission limitation for all of the units participating in an averaging program during any ozone season after December 31, 2007.

NR 428.06(4)(e)2.2. The aggregate mass emissions for all units that are eligible to participate in an emissions averaging plan may not exceed the combined allocation of all participating units’ mass emissions limitation as determined under subd. 3.

NR 428.06(4)(e)3.3. Each unit participating in any ozone season NOx emissions averaging plan shall have a mass emissions limitation equal to 15,912 tons multiplied by that unit’s share of the average aggregate heat input of all eligible units of all owners determined by actual heat inputs for these units from the 1995, 1996 and 1997 ozone seasons as determined by the department.

NR 428.06(4)(e)4.4. If a unit eligible to participate in an ozone season NOx emissions averaging plan is retired and replaced by another emissions unit at the same site, the mass emissions from the retired unit may still be used in a plan provided the replacement unit’s mass emissions for that ozone season are subtracted from the retired unit’s mass NOx emissions limitation determined under subd. 3.

NR 428.06(4)(f)1.1. The emissions averaging plan shall establish an alternative compliance limit for each unit participating in the averaging program.

NR 428.06(4)(f)2.2. The unit alternative compliance limit in mass per million Btu shall be determined by dividing the unit’s projected ozone season NOx emissions by its projected ozone season heat input.

NR 428.06(4)(f)3.3. The plan shall provide calculations that demonstrate that the projected emissions units operations will not exceed the plan’s emission rate and mass limit.

NR 428.06(4)(g)(g) Plan review. The emissions averaging plan shall be subject to department review and determination of completeness. The department shall make its determination of completeness and inform the owner or operator of any additional information needed in the plan within 30 days of receipt.

NR 428.06(4)(h)1.1. The owner or operator of any emissions unit participating in an emissions averaging plan shall provide public notice of that plan by publication in a local newspaper at least 60 days prior to the start of the ozone season to which the plan relates and shall provide copies of the plan upon request.

NR 428.06(4)(h)2.2. The notice shall indicate the purpose of the plan, the participating units and how to obtain a copy of the plan.

NR 428.06(4)(i)1.1. The owners or operators of any emissions units participating in an emissions averaging plan shall submit a compliance report to the department not later than 60 days after the last day of the ozone season with information sufficient to demonstrate compliance with the plan’s emission rate and mass emissions limit.

NR 428.06(4)(i)2.2. The compliance report shall provide, for each emissions unit, the heat input, NOx emission rate and total NOx mass emissions for the ozone season. The compliance report shall provide, in aggregate for all units participating in the emissions averaging plan, the ozone season NOx mass emissions, heat input in million Btu or equivalent units, and the average emission rate. The aggregate ozone season NOx emission rate shall be calculated as sum of the actual heat input of each unit times the individual unit’s actual emission rate divided by the sum of the actual heat inputs of all units. This calculation is expressed as:

NR 428.06(4)(i)3.3. Individual units may not be withdrawn from an ozone season NOx emissions averaging plan unless it is demonstrated in the compliance report that the withdrawn units individually met their applicable s. NR 428.05 (3) emissions limitation requirements and the remaining units in the plan demonstrate compliance with an ozone season NOx emissions averaging plan after excluding the withdrawn units.

NR 428.06(4)(i)4.4. If there is a successful demonstration of compliance with the plan’s aggregate emissions rate limitation and with the plan’s aggregate mass NOx emissions limitation for the ozone season, all units in the averaging plan shall be deemed to be in compliance for that ozone season with each participating unit’s alternative emissions rate limitation and heat input.

NR 428.06(4)(j)1.1. All emissions units participating in an ozone season NOx emissions averaging program may be considered out of compliance if either the aggregate ozone season NOx emission rate exceeds the emissions averaging plan’s emission rate limitation or the aggregate mass NOx emissions for the ozone season exceeds the plan’s aggregate mass NOx emissions limitation for the ozone season.

NR 428.06(4)(j)2.2. Each emissions unit is considered in violation for each day of non-compliance until corrective action is taken to reduce emissions and achieve compliance.

NR 428.06(4)(j)3.3. The department may require additional emission reductions if there are mass emissions exceeding the plan’s limit on tons of mass emissions. The department may waive the additional emission reductions if, in consultation with the public service commission, the department determines that the excess emissions were the result of an extraordinary event and that the excess emissions were an unavoidable outcome of a necessary action taken by the source to maintain electric system reliability. Additional emission reductions shall be achieved within the subsequent 3 ozone seasons’ allowable mass emission limit for all units participating in the emissions averaging plan. If there is no subsequent averaging plan for the source, the department may require a reduction in the source’s emission rate that achieves an equivalent aggregate mass emission reduction.

NR 428.06(4)(j)4.4. All owners or operators of emissions units considered to be out of compliance with a plan emission rate limit or mass tons limit are liable for each violation and subject to enforcement and penalty provisions under ss. 285.83 and 285.87, Stats.

NR 428.06(4)(k)(k) Monitoring requirements. The total mass emissions and heat input shall be quantified by continuous emissions monitoring equipment and procedures required by ss. NR 428.05 (4) and 428.07.

NR 428.07NR 428.07 General requirements. Except as provided in s. NR 428.12, the owner or operator of an NOx emissions unit subject to the requirements of subch. I shall comply with the monitoring and reporting requirements of this subchapter.