NR 428.055 Alternatives.
(1) Alternative authority. The owner or operator of a NOx emissions source may submit a request to the department requesting approval to establish an alternative site-specific emission limitation to one or more of the requirements under s. NR 428.04 or 428.05. The owner or operator shall demonstrate that compliance with requirements under s. NR 428.04 or 428.05 are technologically or economically infeasible. Application for an alternative to any emission limitation under this subchapter does not become effective until approved by the department and the administrator as a site-specific SIP revision and shall be subject to requirements under subs. (2) to (5). (2) Alternative criteria. The department may not approve an alternative site-specific emission limitation under sub. (1) unless:
(a) The alternative will not delay attainment or prevent maintenance of any ambient air quality standard, as determined by methods acceptable to the department.
(b) The owner or operator of the air contaminant source for which an alternative is requested demonstrates that all other direct or portable sources that it owns or operates in the state are in compliance with all applicable requirements under chs. NR 400 to 499 or are on a schedule for compliance with the requirements.
(c) The owner or operator submits to the department information concerning the conditions or special circumstances that demonstrate, to the department's satisfaction, that the applicable requirements from which variance is sought are technologically or economically infeasible. In addition, all of the following conditions are applicable:
1. The owner or operator shall submit proposed emission limitations to the department in writing.
2. The responsible official shall sign the request for alternatives on behalf of the owner or operator.
3. The owner or operator shall submit other relevant information as required by the department.
(3) Procedures for issuance of alternatives. The department, in acting upon any request for an alternative site-specific emission limitation under this section, shall do all of the following:
(a) Act on requests for alternatives within 3 months of the filing of a completed request.
(b) Offer, through public notice, the opportunity for public comments including, where requested, a public hearing.
(c) State in writing the reasons for denying, granting, or for granting in modified form any request.
(4) Revocation and modification of alternatives. The department may, after notice and opportunity for hearing, revoke or modify any alternative site-specific emission limitation when any of the following occurs:
(a) Any term or condition of the alternative has been violated.
(b) Changes in ambient air quality indicate that the source has a significant adverse impact as determined by methods acceptable to the department on the attainment or maintenance of any ambient air quality standard.
(c) The owner or operator did not act in good faith in demonstrating the technological or economic infeasibility of compliance with the limitations or in submitting other relevant information in support of the alternative request.
(5) Effective date of alternatives. When the department grants, modifies, or revokes a site-specific alternative to a limitation that has been approved by the administrator as part of the SIP, the alternative will not become effective until all of the following conditions have been met:
(a) The department has submitted the alternative to the administrator pursuant to applicable law, including 42 USC 7410 and 40 CFR parts 51 and 52, and all such requirements have been met. (b) The alternative has been approved by the administrator as a site-specific SIP revision.
Section 8 NR 428.07 (1) (a) 2. is amended to read:
NR 428.07 (1) (a) 2. For an emissions unit subject to emission limitations in under s. NR 428.04 (2), at least 180 days prior to initial operation, or an alternative date approved by the department. Section 9 NR 428.08 (2) (e) (title) is repealed and recreated to read:
NR 428.08 (2) (e) (title) Boilers or turbines.
Section 10 NR 428.08 (2) (f) (title), (g), and (3) are created to read:
NR 428.08 (2) (f) (title) Continuous emissions monitoring.
(g) Testing. An owner or operator of an emissions unit not listed under pars. (a) to (e) shall either install and operate a continuous NOx emissions monitoring system according to the requirements under 40 CFR part 75, or do all of the following to satisfy the requirements under this subsection: 1. Keep and maintain the emissions unit manufacturer’s specifications and emissions factor information for the emissions unit on-site and available for review.
2. Comply with any applicable standards under sections 111 or 112 of the Clean Air Act (42 USC 7411 or 7412). 3. Maintain the emissions unit in accordance with the manufacturer’s operation and maintenance instructions.
4. Conduct an initial performance test within 180 days after initial operation and subsequent performance tests every 2 years thereafter, within 90 days of the anniversary date of the initial performance test, according to all of the following requirements, as applicable, to determine the emissions unit’s NOx emissions rate for each fuel fired in the emissions unit:
a. The emissions performance test shall be conducted according to one of the following methods as applicable: Method 7, 7A, 7B, 7C, 7D, or 7E under 40 CFR part 60, Appendix A, incorporated by reference under s. NR 484.04 (15m) Table 2, or another method approved by the department in advance. b. The initial emissions performance test shall include a determination of the capacity load point of the emissions unit’s maximum NOx emissions rate based on one 30 minute test run at each capacity load point for which the unit is operated, other than for startup and shutdown, in the load ranges of 25 to 50 percent, 50 to 75 percent, and 75 to 100 percent, or other load ranges approved by or required by the department in advance.
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.
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.
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 recent12 consecutive month time period.
(3) Exceptions. (a) In lieu of the exceptions under s. NR 439.075 (4), all of the following exceptions apply to the testing required under sub. (2) (g): 1. The department may grant a written waiver of a scheduled test if any of the following apply:
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.
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. 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.
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). 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. f. The emissions unit is operated only to restart electric generation in the event of a complete loss of facility power.
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.
h. The emissions unit’s only function is to pump water in the case of a fire emergency.
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.
j. The emissions unit is a research or development unit.
k. The emissions unit is an engine testing operation or process line.
L. The emissions unit is a gaseous fuel fired unit used to control VOC emissions from a commercial or industrial process.
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.
(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.
Section 11 NR 428.21 (3) (d) is created to read:
NR 428.21 (3) (d) The emissions unit was constructed prior to August 1, 2007.
Section 12 NR 428.22 (1) (intro.) is amended to read:
NR 428.22 (1) Emissions limits. Except as provided in sub. under subs. (2) and (3), 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:
Section 13 NR 428.22 (3) is created to read:
NR 428.22 (3) Emissions units using secondary fuel. An emissions unit that is capable of firing secondary fuel is not subject to the requirements under sub. (1) or (2) when utilizing only a secondary fuel if any of the following apply:
(a) The emissions unit heat input capacity or maximum design power output while utilizing the secondary fuel is less than the applicability thresholds under sub. (1) or (2).
(b) The emissions unit burns the secondary fuel only during any of the following periods:
1. Supply interruption or curtailment of primary fuel. The secondary fuel usage under this subsection may not exceed 500 hours within a 12 consecutive month time period unless the owner or operator obtains a fuel variance under s. NR 436.06. 2. Periodic testing, maintenance, or operator training of the secondary fuel when the periodic testing, maintenance, or operator training does not exceed a combined total of 48 hours during any calendar year.
(c) The secondary fuel constitutes 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.
Section 14 NR 428.24 (1) (c) is created to read:
NR 428.24 (1) (c) Secondary fuel usage recordkeeping. The owner or operator claiming exemption from the requirements under s. NR 428.22 pursuant to s. NR 428.22 (3) shall keep a record of all of the following: 1. Each occurrence when the fuel denoted under s. NR 428.22 (3) was burned. 2. The reason for each occurrence when the fuel denoted under s. NR 428.22 (3) was burned. 3. The monthly and yearly total hours of operation for each fuel used as specified under s. NR 428.22 (3). 4. Other relevant information as required by the department.
Section 15 NR 484.04 Table 2 Row (15m) is amended to read:
| CFR Appendix Referenced | Title | Incorporated by Reference For |
(15m) | 40 CFR part 60 Appendix A, Method 7, 7A, 7B, 7C, 7D and 7E | Determination of nitrogen oxide emissions from stationary sources | NR 428.23 (1) (b) 3. a. NR 428.08 (2) (g) 4. a. |
Section 16 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 17 Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on September 27, 2023.
Dated at Madison, Wisconsin _____________________________.
STATE OF WISCONSIN
DEPARTMENT OF NATURAL RESOURCES
BY ______________________________________
Steven Little, Deputy Secretary
