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 428.06(4)(L) (L) Recordkeeping and reporting requirements. Owners and operators shall comply with the recordkeeping and reporting requirements of s. NR 428.05 (5).

NR 428.06 History History: Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 02-076: r. and recr. Register November 2002 No. 563, eff. 12-1-02; CR 03-049: am. (2) (a) Register December 2003 No. 576, eff. 1-1-04.

subch. III of ch. NR 428 Subchapter III — NOx Emissions Performance Program Monitoring And Reporting Provisions

NR 428.07 NR 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.

NR 428.07(1) (1) Requirements for monitoring, installation, certification and data accounting.

NR 428.07(1)(a) (a) The owner or operator of an NOx emissions unit shall submit to the department a monitoring plan that describes in detail the systems to be used on the unit to satisfy the monitoring requirements of this subchapter by the following deadlines:

NR 428.07(1)(a)1. 1. For an emissions unit subject to emission limitations in s. NR 428.05 (3), by December 21, 2002.

NR 428.07(1)(a)2. 2. For an emissions unit subject to emission limitations under s. NR 428.04 (2), at least 180 days prior to initial operation, or an alternative date approved by the department.

NR 428.07(1)(b) (b) The owner or operator of each NOx emissions unit shall do all of the following:

NR 428.07(1)(b)1. 1. Install all monitoring systems required under s. NR 428.08 for monitoring NOx emissions. This includes all systems required to monitor NOx emission rate, NOx concentration, heat input and flow, in accordance with ss. NR 428.08 and 439.09.

NR 428.07(1)(b)2. 2. Install all monitoring systems for monitoring heat input, if required under this chapter, for developing NOx emission rate determinations expressed in pounds per million Btu.

NR 428.07(1)(b)3. 3. Successfully complete all certification tests and meet all operating specifications of this subchapter and 40 CFR parts 60 and 75 as applicable to the monitoring systems required for an emissions unit under subds. 1. and 2.

NR 428.07(1)(b)4. 4. Record and report data from the monitoring systems under subds. 1. and 2.

NR 428.07(2) (2) Compliance dates. The owner or operator shall meet the requirements of sub. (1) (b) 1. to 3. on or before the following dates and shall record and report data on and after the applicable listed date as follows:

NR 428.07(2)(a) (a) NOx emissions units subject to the requirements of this subchapter that commence operation before February 1, 2001 shall comply with the requirements of this subchapter by December 31, 2002.

NR 428.07(2)(b) (b) NOx emissions units subject to the requirements of this subchapter that commence operation on or after February 1, 2001 shall comply with the requirements of this subchapter by the later of the following dates:

NR 428.07(2)(b)1. 1. December 31, 2002.

NR 428.07(2)(b)2. 2. 180 days after the date on which the unit commences operation.

NR 428.07(2)(c) (c) However, if the applicable deadline under par. (b) does not occur during an ozone season, the deadline for compliance with the requirements of this subchapter becomes the May 1 immediately following the date determined in accordance with par. (b).

NR 428.07(2)(d) (d)

NR 428.07(2)(d)1. 1. An NOx emissions unit with a new stack or flue for which construction is completed after the applicable deadline under par. (a), (b) or (c) shall comply with the requirements of this subchapter 90 days after the date on which emissions first exit through the new stack or flue.

NR 428.07(2)(d)2. 2. However, if the unit reports on an ozone season basis and the applicable deadline under subd. 1. does not occur during the ozone season, the deadline for compliance with the requirements of this subchapter becomes the May 1 immediately following the date determined in accordance with subd. 1.

NR 428.07(3) (3) Reporting data prior to initial certification. The owner or operator of an NOx emissions unit under sub. (2) (b) or (c) shall determine, record and report NOx emissions, heat input, if required for purposes of compliance, and any other values required to determine NOx emissions, for example NOx emission rate and heat input or NOx concentration and stack flow, using the provisions of 40 CFR 75.70(g), from the date and hour that the unit starts operating until all required certification tests are successfully completed.

NR 428.07(4) (4) Prohibitions.

NR 428.07(4)(a) (a) No owner or operator of an NOx emissions unit may use any alternative monitoring system, alternative reference method or any other alternative for the required continuous emission monitoring system without having obtained prior written approval in accordance with s. NR 428.10.

NR 428.07(4)(b) (b) No owner or operator of an NOx emissions unit may operate the unit so as to emit NOx without accounting for all NOx emissions in accordance with the applicable provisions of this subchapter.

NR 428.07(4)(c) (c) No owner or operator of an NOx emissions unit may disrupt the continuous emission monitoring system, any portion thereof, or any other approved emission monitoring method, and thereby avoid monitoring and recording NOx emissions, except for periods of recertification or periods when calibration, quality assurance testing or maintenance is performed in accordance with the applicable provisions of this subchapter.