Section 9 NR 428.20 (2) is amended to read:
NR 428.20 (2) Purpose. The purpose of this subchapter is to establish meet the requirements of sections 172 (c) and 182 (f) of the Act (42 USC 7502 (c) and 7511a (f)) by establishing reasonably available control technology requirementsstandards 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))areas that are or have ever been classified moderate, serious, severe, or extreme nonattainment for ozone under sub. (1). Section 10 NR 428.21 (3) (intro.), (a) and (b) are amended to read:
NR 428.21 (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 inunder s. NR 428.22, if one of the following appliesit meets all of the following conditions: (a) The emissions unit is subject to a federally enforceable condition in an air permit which limits its emissions to nodoes not emit more than 75 tons of NOx per year due to a physical operating constraint or a federally enforceable condition in an air permit.
(b) The emissions unit, because of a physical operating constraint, cannot emit more than 75 tons of NOx per year is located in a facility subject to the applicability thresholds specified under s. NR 428.20 (1) (a) 1., 2. a, or 3. a. Section 11 NR 428.21 (3) (c) is created to read:
NR 428.21 (3) (c) The emissions unit is subject to and meeting an emission limitation under s. NR 428.04 (2) or 428.05 (3). Section 12 NR 428.255 is created to read:
NR 428.255 Compliance schedule. The owner or operator of a facility that has a NOx emission unit that is subject to this subchapter and that is located in any area described under s. NR 428.20 (1) (a) 2. or 3. shall comply with the applicable requirements of this subchapter upon the facility becoming subject to this subchapter, except for any of the following: (1) The owner or operator of a NOx emission unit that commenced construction before [the effective date of this rule - LRB inserts date] and became subject to this subchapter on [the effective date of this rule - LRB inserts date] shall comply with the applicable requirements of this subchapter for that unit as expeditiously as practicable, but no later than 21 months after [the effective date of this rule - LRB inserts date].
(2) The owner or operator of a NOx emission unit that becomes subject to this subchapter due to the reclassification of a nonattainment area that occurs after [the effective date of this rule - LRB inserts date] shall comply with applicable requirements of this subchapter as expeditiously as practicable, but no later than the start of the attainment year ozone season associated with the area’s new attainment deadline, as indicated by the relevant Federal Register publication, or January 1 of the 3rd year after the associated SIP revision submittal deadline, whichever is earlier.
Note: RACT SIP revisions must be submitted by the department no later than 24 months after the effective date of the reclassification, as indicated by the relevant Federal Register publication.
(3) The owner or operator of a NOx emission unit that becomes subject to this subchapter due to the initial designation of a nonattainment area that occurs after [the effective date of this rule - LRB inserts date], shall comply with applicable requirements of this subchapter as expeditiously as practicable, but no later than January 1 of the 5th year after the effective date of the initial designation, as indicated by the relevant Federal Register publication.
Section 13 NR 484.04 Table 2 (7s) is created to read:
| CFR Appendix Referenced | Title | Incorporated by Reference For |
(7s) | 40 CFR part 50 Appendix U | Interpretation of the Primary and Secondary National Ambient Air Quality Standards for Ozone | NR 404.04 (5) (d) |
Section 14 Effective Date. This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats. Section 15 Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on June 23, 2021.
