NR 428.08(2)(g)4.c.c. The emissions performance test shall determine compliance based on the average of three test runs that are at least 60 minutes performed at the capacity load determined to have the maximum NOx emission rate under subd. 4. b. NR 428.08(2)(g)4.d.d. An additional performance test shall be conducted according to subd. 4. b. within 90 days of completing a physical change in, or change in the method of operation that causes an increase of the hourly potential to emit of the NOx emissions rate. NR 428.08(2)(g)4.e.e. A performance test is not required for a fuel used only for startup or for a fuel constituting less than 1 percent on an energy equivalent basis of the emissions unit’s fuel consumption within the most recent 12 consecutive month time period. NR 428.08(3)(a)1.1. The department may grant a written waiver of a scheduled test if any of the following apply: NR 428.08(3)(a)1.a.a. The direct stationary source associated with the emissions point subject to the testing requirement will be ceasing operation within one year of a scheduled test. NR 428.08(3)(a)1.b.b. The most recently completed results from a test conducted according to the methods and procedures specified under s. NR 439.07 for the direct stationary source demonstrate that the emissions of the air contaminant for which compliance emissions testing is required under this section are 50 percent or less of the applicable emission limitation. If a waiver from a test is granted, the owner or operator shall then conduct the next test according to the schedule under sub. (2) (g) 4. NR 428.08(3)(a)1.c.c. The direct stationary source associated with the emissions point subject to the testing requirement has not operated more than 360 hours in the 12-month period prior to the scheduled test date. NR 428.08(3)(a)1.d.d. The most recently completed test, conducted according to the methods and procedures specified under s. NR 439.07, was conducted less than 12 months prior to the date that testing would be required under par. (b). NR 428.08(3)(a)1.e.e. For each fuel used, the emissions unit is certified to meet emissions standards under 40 CFR part 60 that are equal to or more restrictive than the applicable emission limitation under s. NR 428.04 or 428.05, and the emissions unit is installed and configured according to the manufacturer’s specifications. NR 428.08(3)(a)1.f.f. The emissions unit is operated only to restart electric generation in the event of a complete loss of facility power. NR 428.08(3)(a)1.g.g. The emissions unit is operated no more than 500 hours per year and no more than 200 hours during the ozone season, and its only purpose is to provide electricity to a facility if normal electricity service is interrupted or to replace normal critical operations at a facility. NR 428.08(3)(a)1.h.h. The emissions unit’s only function is to pump water in the case of a fire emergency. NR 428.08(3)(a)1.i.i. The emissions unit utilization is less than 10 percent of its capacity factor on an annual average basis over a 3-year rolling period and less than 20 percent of its capacity factor in any year of the 3-year rolling period and that is owned or operated by an electric generation utility or gas transmission utility. NR 428.08(3)(a)1.L.L. The emissions unit is a gaseous fuel fired unit used to control VOC emissions from a commercial or industrial process. NR 428.08(3)(a)2.2. The department may grant an extension of up to 180 days for compliance emissions testing if the owner or operator of a direct stationary source requests an extension, in writing, and can demonstrate that a representative emissions test cannot be performed within the time frame specified under sub. (2) (g) 4. NR 428.08(3)(b)(b) The owner or operator shall submit a request for a waiver or extension under par. (a) 1. in writing for department review and approval at least 60 days prior to the required test date. NR 428.08 HistoryHistory: Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 08-103: am. (title) and (2) (title), cr. (2) (f) Register August 2009 No. 644, eff. 9-1-09; CR 23-017: r. and recr. (2) (e) (title), cr. (2) (f) (title), (g), (3) Register March 2024 No. 819, eff. 4-1-24. NR 428.09NR 428.09 Quarterly reports. The owner or operator of a unit subject to the NOx requirements of this subchapter shall submit quarterly reports, as required under this section. NR 428.09(1)(1) Units subject to an acid rain emission limitation. If a unit is subject to an acid rain emission limitation or if the owner or operator of the NOx emissions unit chooses to meet the annual reporting requirements of this subchapter, the owner or operator shall submit a quarterly report for each calendar quarter beginning with the following quarters: NR 428.09(1)(a)(a) For units commencing operation prior to December 31, 2002, the calendar quarter from April 1, 2003 to June 30, 2003. Data shall be recorded and reported from the first hour on May 1, 2003. NR 428.09(1)(b)(b) For a unit that commences operation on or after December 31, 2002, the calendar quarter in which the unit commences operation. Data shall be reported from the date and hour corresponding to when the unit commenced operation. NR 428.09(2)(2) Units not subject to an acid rain emission limitation. If an NOx emissions unit is not subject to an acid rain emission limitation, the owner or operator of the NOx emissions source shall comply with either of the following requirements: NR 428.09(2)(a)(a) Meet all of the requirements of 40 CFR part 75 related to monitoring and reporting NOx emissions during the entire year and meet the reporting deadlines specified in sub. (1). NR 428.09(2)(b)(b) Submit a quarterly report for each calendar quarter, beginning with the following quarters: NR 428.09(2)(b)1.1. For units commencing operation prior to December 31, 2002, the calendar quarter from April 1, 2003 to June 30, 2003. Data shall be reported from the first hour of April 1, 2003.