NR 428.08(2)(a)
(a)
Coal-fired units. The owner or operator of a coal-fired boiler shall do one of the following:
NR 428.08(2)(a)1.
1. Meet the general operating requirements in
40 CFR 60.13 for an NOx-diluent continuous emission monitoring system, consisting of an NOx pollutant concentration monitor, an O2- or CO2-diluent gas monitor, and a data acquisition and handling system, to measure NOx emission rate, and for a flow monitoring system and an O2- or CO2-diluent gas monitor to measure heat input, except as provided in accordance with
40 CFR 60.13(i).
NR 428.08(2)(a)2.
2. Meet the general operating requirements in
40 CFR 60.13 for an NOx concentration monitoring system, consisting of an NOx pollutant concentration monitor and a data acquisition and handling system, to measure NOx concentration and for a flow monitoring system. In addition, if heat input is required to be reported under this chapter, the owner or operator also shall meet the general operating requirements for a flow monitoring system and an O2- or CO2-diluent gas monitor to measure heat input, or, if applicable, use the procedures in Appendix E to
40 CFR part 75, incorporated by reference in
s. NR 484.04 (27). These requirements shall be met, except as provided in
40 CFR 60.13(i).
NR 428.08(2)(b)
(b)
Moisture correction. If a correction for the stack gas moisture content is needed to properly calculate the NOx emission rate in pounds per million Btu, i.e., if the NOx pollutant concentration monitor measures on a different moisture basis from the diluent monitor, or NOx mass emissions in tons, i.e., if the NOx concentration monitoring system or diluent monitor measures on a different moisture basis from the flow rate monitor, the owner or operator of an NOx emissions unit subject to the requirements of this subchapter shall account for the moisture content of the flue gas on a continuous basis in accordance with
40 CFR 75.11(b) except that the term "SO2" shall be replaced by the term "NOx".
NR 428.08(2)(c)
(c)
Gaseous fuel-fired nonpeaking units or oil-fired nonpeaking units. The owner or operator of a boiler or combustion turbine that, based on information submitted in the monitoring plan, qualifies as a gaseous fuel-fired or oil-fired unit but not as a peaking unit, as defined in
40 CFR 72.2, shall do one of the following:
NR 428.08(2)(c)2.
2. Meet the general operating requirements in
40 CFR 60.13 for an NOx-diluent continuous emission monitoring system, except as provided in accordance with
40 CFR 60.13(i), and use the procedures specified in Appendix D to
40 CFR part 75, incorporated by reference in
s. NR 484.04 (27), for determining hourly heat input.
NR 428.08(2)(d)
(d)
Gaseous fuel-fired or oil-fired peaking units. The owner or operator of a boiler or combustion turbine that qualifies as a peaking unit and as either gaseous fuel-fired or oil-fired, as defined in
40 CFR 72.2, based on information submitted in the monitoring plan, shall do one of the following:
NR 428.08(2)(d)2.
2. Use the procedures in
40 CFR part 75 Appendix D, incorporated by reference in
s. NR 484.04 (27), for determining hourly heat input and the procedures specified in
40 CFR part 75 Appendix E, incorporated by reference in
s. NR 484.04 (27), for estimating hourly NOx emission rate. In addition, if after certification of an excepted monitoring system under
40 CFR part 75 Appendix E, a unit's operations exceed a capacity factor of 20.0% in any calendar year or exceed a capacity factor of 10.0% averaged over 3 years, the owner or operator shall meet the requirements of
par. (c) or, if applicable,
par. (e), by no later than December 31 of the following calendar year.
NR 428.08(2)(e)
(e)
Other units. The owner or operator of a boiler or combustion turbine that combusts wood, refuse or other materials shall comply with the monitoring provisions specified in
par. (a) and, where applicable,
par. (b).
NR 428.08(2)(f)
(f) An owner or operator of an emissions unit that installs and operates a continuous NOx emissions monitoring system according to the requirements of
40 CFR part 75 satisfies requirements of this subsection.
NR 428.08 History
History: 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.
NR 428.09
NR 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.
NR 428.09(2)(b)2.
2. For units that commence 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(3)
(3) Deadlines for submittals. The owner or operator of an NOx emissions source shall submit each quarterly report to the department within 30 days following the end of the calendar quarter covered by the report according to the following schedule:
NR 428.09(3)(a)
(a) For units subject to an acid rain emissions limitation, quarterly reports shall be submitted within 30 days following the end of the calendar quarter covered by the report and include all of the data and information required in subpart G of
40 CFR part 75.
NR 428.09(3)(b)
(b) For units not subject to an acid rain emissions limitation, reports shall be submitted with the compliance reports required under the facility's operation permit.
NR 428.09(4)
(4) Compliance certification. The owner or operator of an NOx emissions source shall submit to the department a compliance certification in support of each quarterly report based on reasonable inquiry of those persons with primary responsibility for ensuring that all of the unit's emissions are correctly and fully monitored. The certification shall state the following:
NR 428.09(4)(a)
(a) The monitoring data submitted were recorded in accordance with the applicable requirements of this subchapter, including the quality assurance procedures and specifications.
NR 428.09(4)(b)
(b) For a unit with add-on NOx emission controls and for all hours where data are substituted in accordance with
40 CFR 75.34(a)(1), the add-on emission controls were operating within the range of parameters listed in the monitoring plan and the substitute values do not systematically underestimate NOx emissions.
NR 428.09(4)(c)
(c) For a unit that is reporting on an ozone season basis under this subsection, the NOx emission rate and NOx concentration values substituted for missing data under subpart D of
40 CFR part 75 are calculated using only values from an ozone season and do not systematically underestimate NOx emissions.
NR 428.09 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01;
CR 08-103: am. (2) (a)
Register August 2009 No. 644, eff. 9-1-09.
NR 428.10
NR 428.10
Petitions. The owner or operator of an NOx emissions source may submit a petition to the department requesting approval to apply an alternative to any requirement of this subchapter. Application of an alternative to any requirement of this subchapter is in accordance with this subchapter only to the extent that the petition under this section is approved by the department.
NR 428.10 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01.
NR 428.11
NR 428.11
Additional requirements to provide heat input data. The owner or operator of a unit that either monitors and reports or elects to monitor and report NOx mass emissions using an NOx concentration system and a flow system shall also monitor and report heat input at the unit level.
NR 428.11 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01.
NR 428.12
NR 428.12
Alternative monitoring, recordkeeping and reporting. 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 428.12 History
History: CR 08-103: cr.
Register August 2009 No. 644, eff. 9-1-09.
NR 428.20
NR 428.20
Applicability and purpose. NR 428.20(1)
(1)
Applicability. The requirements of this subchapter apply to the owner or operator of an NOX emissions unit which is in a source category identified in
s. NR 428.22 and which is located at a facility with combined total maximum theoretical emissions for all NOX emissions units of 100 tons per year or more of NOX and which is in the county of Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington or Waukesha.
NR 428.20(2)
(2) Purpose. The purpose of this subchapter is to establish reasonably available control technology requirements for NOX emissions units in the ozone nonattainment area consisting of the counties of Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington and Waukesha to comply with sections 172(c) and 182(f) of the Act (
42 USC 7502(c) and
7511a(f)).
NR 428.20 History
History: 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.
NR 428.21
NR 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.
NR 428.21(1)(c)
(c) Any emissions unit whose only function is to pump water in the case of a fire emergency.
NR 428.21(1)(d)
(d) Any emissions unit whose utilization is less than 10% of its capacity factor on an annual average basis over a 3-year rolling period and less than 20% of its capacity factor in any year of the 3-year rolling period and which is owned or operated by an electric generation utility or gas transmission utility.
NR 428.21(1)(g)
(g) Any gaseous fuel fired unit used to control VOC emissions from a commercial or industrial process.
NR 428.21(2)
(2) Low operating unit. An emissions unit described in
s. NR 428.20 is exempt from the emission limitations of
s. NR 428.22 if, during each ozone season, the emissions unit's utilization based on actual measured heat input or output is less than the utilization threshold for the source category according to the following equation:
UUi < (Category capacity ) x (3,672 hours / Ozone Season ) x Capacity Factor Equation 1
where:
UUi is the unit's actual fuel consumption or output in measurement units consistent with the calculated utilization threshold for the source category in
s. NR 428.22
Category capacity is the lower value in the range of unit capacity or design output used to describe the unit's source category i in
s. NR 428.22
Capacity factor is 0.20 for all source categories in
s. NR 428.22
NR 428.21(2m)
(2m) Reciprocating engines. Any reciprocating engine that is certified to meet the applicable federal non-road engine emission standards specified in this subsection is exempt from the emission limitations of
s. NR 428.22 (1) (i):
NR 428.21(2m)(a)
(a) A reciprocating compression ignition engine that is certified as meeting Tier 1 requirements as specified in
40 CFR part 89, if one of the following applies:
NR 428.21(2m)(a)1.
1. The engine has a maximum design power output of less than 2,000 horsepower.
NR 428.21(2m)(a)2.
2. The engine has a maximum design power output equal to or greater than 2,000 horsepower and has a total utilization during each ozone season of less than 1.5 million horsepower-hours, based on actual measured output.
NR 428.21(2m)(b)
(b) A reciprocating compression ignition engine that is certified as meeting the Tier 2 standard, as specified in
40 CFR part 89, or a reciprocating compression ignition engine that is certified as meeting the requirements of a more stringent Tier standard, as specified in
40 CFR part 89 or
1039.
NR 428.21(2m)(c)
(c) A reciprocating spark ignition engine that is certified as meeting the Tier 1 standard or a reciprocating spark ignition engine that is certified as meeting a more stringent Tier standard, as specified in
40 CFR part 1048.
NR 428.21(3)
(3) Other regulated unit. An emissions unit which is subject to and meeting an emission limitation in
s. NR 428.04 or
428.05 (3) is exempt from the emission limitations in
s. NR 428.22, if one of the following applies:
NR 428.21(3)(a)
(a) The emissions unit is subject to a federally enforceable condition in an air permit which limits its emissions to no more than 75 tons of NOX per year.
NR 428.21(3)(b)
(b) The emissions unit, because of a physical operating constraint, cannot emit more than 75 tons of NOX per year.
NR 428.21 History
History: CR 07-016: cr.
Register July 2007 No. 619, eff. 8-1-07.
NR 428.22
NR 428.22
Emission limitation requirements. NR 428.22(1)(1)
Emission limits. Except as provided in
sub. (2), on or after May 1, 2009, no person may cause, allow or permit NOX to be emitted in excess of the following emission limitations on a 30-day rolling average basis:
NR 428.22(1)(a)1.1. For a solid fuel-fired boiler with a maximum heat input capacity equal to or greater than 1,000 mmBtu per hour, one of the following, as applicable:
NR 428.22(1)(a)1.a.
a. If tangential, wall, cyclone or fluidized bed-fired, 0.10 pound per mmBtu of heat input.
NR 428.22(1)(a)2.
2. For a solid fuel-fired boiler with a maximum heat input capacity equal to or greater than 500 mmBtu per hour and less than 1,000 mmBtu per hour, one of the following, as applicable:
NR 428.22(1)(a)2.b.
b. If wall-fired with a heat release rate equal to or greater than 17,000 Btu per cubic feet per hour, 0.17 pound per mmBtu of heat input.
NR 428.22(1)(a)2.c.
c. If wall-fired with a heat release rate less than 17,000 Btu per cubic feet per hour, 0.15 pound per mmBtu of heat input.
NR 428.22(1)(a)3.
3. For a solid fuel-fired boiler with a maximum heat input capacity equal to or greater than 250 mmBtu per hour and less than 500 mmBtu per hour, one of the following, as applicable:
NR 428.22(1)(a)3.b.
b. If wall-fired with a heat release rate equal to or greater than 17,000 Btu per cubic feet per hour, 0.17 pound per mmBtu of heat input.
NR 428.22(1)(a)3.c.
c. If wall-fired with a heat release rate less than 17,000 Btu per cubic feet per hour, 0.15 pound per mmBtu of heat input.
