NR 428.25(1)(b)3.g.g. Compliance on an annual and ozone season basis is demonstrated if the aggregate emission rate required in subd. 3. e. is less than the aggregate emission limit required in subd. 3. f., and the NOx mass emissions required in subd. 3. b. is less than the mass emissions cap required in subd. 1. f. NR 428.25(1)(b)4.4. ‘Heat input conversion.’ For an emissions unit subject to emission limitations expressed in units other than heat input, the emission limitation shall be converted to a heat input basis. All required calculations shall be on a common basis with necessary conversions performed according to the methods in 40 CFR part 60, Appendices A and B, incorporated by reference in s. NR 484.04 (13) and (21). NR 428.25(1)(b)5.5. ‘Mass emissions cap exceedance.’ If the total NOx emissions from the emissions units in the averaging program exceed either the annual or ozone season emissions caps determined in subd. 1. f., the owner or operator shall achieve additional NOx reductions to compensate for the excess emissions within 3 calendar years after the averaging year with the exceedance. NR 428.25(1)(c)(c) Multi-facility average. An owner or operator may average emissions from emissions units at multiple facilities by complying with the following procedures for demonstrating compliance on an annual and ozone season basis with an aggregate NOx emission limitation: NR 428.25(1)(c)1.1. ‘Notification.’ The owner or operator shall submit to the department a notification of an NOx emissions averaging program by October 1 of the year prior to the emissions averaging year. The notification shall include the following information: NR 428.25(1)(c)1.d.d. The projected heat input, capacity utilization, NOx emission rate and total NOx mass emissions for each emissions unit on an annual and ozone season basis. NR 428.25(1)(c)1.e.e. The projected heat input, capacity utilization, NOx emission rate and total NOx mass emissions in aggregate for all emissions units participating in the averaging program. NR 428.25(1)(c)2.2. ‘Implementation.’ The department shall review the proposed averaging program provided in the notification and unless the department, within 30 days of receiving the proposed averaging program, requests additional information or revisions to the program, the owner or operator shall comply with the submitted emissions averaging program. NR 428.25(1)(c)3.a.a. The owner or operator proposing to average emissions units at multiple facilities shall provide public notice 60 days prior to the calendar year of the averaging program in newspapers of general circulation for the areas of the emissions units. NR 428.25(1)(c)3.b.b. The public notice shall describe the proposed averaging program, the participating emissions units and how to obtain a copy of the averaging program information required in subd. 1. NR 428.25(1)(c)3.c.c. In addition to the information required in subd. 1., the averaging program information provided to the public upon request shall indicate whether any of the emissions units identified in the proposed averaging program participated in prior averaging programs under this subsection and whether that participation resulted in a violation of the emission limits. NR 428.25(1)(c)4.4. ‘Compliance demonstration.’ The owner or operator participating in an averaging program shall submit a compliance report containing the following information by March 1 of the calendar year following the averaging program year: NR 428.25(1)(c)4.b.b. The annual and ozone season actual NOx mass emissions for each emissions unit. NR 428.25(1)(c)4.c.c. The annual and ozone season actual average NOx emission rate for each emissions unit calculated using equation 7 in par. (b) 3. c. NR 428.25(1)(c)4.d.d. The annual and ozone season actual NOx mass emissions and heat input in aggregate for all emissions units. NR 428.25(1)(c)4.e.e. The annual and ozone season aggregate NOx emission rate for all emissions units calculated using equation 8 in par. (b) 3. e. NR 428.25(1)(c)4.f.f. The annual and ozone season aggregate emission limitation for all emissions units. These emission limitations are the summation of the product of the each unit’s actual heat input and emission limitation divided by the summed actual heat input for all emissions units less an averaging program environmental benefit factor. The aggregate emission limitations are calculated as follows: where:
ELaggr is the aggregate emission limit in aggregate for all emissions units on an annual or ozone season basis
HIu is the heat input for each emissions unit, u, for the specified period of time
ELu is the emission limit for each emissions unit, u. For emission limitations in units other than heat input, the emission limitations shall be converted to a heat input basis according to par. (b) 4.
EBF is the environmental benefit factor. For averaging programs effective on or after January 1, 2013, the EBF is 10% for the annual emission limit and 10% for the ozone season emission limit. Prior to this date the EBF is 0%.
NR 428.25(1)(c)4.g.g. A demonstration of compliance on an annual and ozone season basis consisting of the aggregate emission rates under subd. 4. e. compared to the aggregate emission limitations calculated in subd. 4. f. NR 428.25(1)(d)1.1. All emissions units participating in an emissions averaging program are considered out of compliance if emissions exceed any of the averaging program emission limitations on either an annual or ozone season basis. NR 428.25(1)(d)2.2. Each emissions unit participating in the averaging program shall be considered in violation for each day of non-compliance until corrective action is taken to achieve compliance. NR 428.25(1)(d)3.3. Except for those periods of time for which the department grants an electric or steam utility reliability waiver under s. NR 428.26 to the emissions units exceeding the applicable aggregate average emission limitation, the department shall require the owners or operators of the emissions units in the program to achieve reductions equivalent to the amount of the exceedance. The additional emission reductions shall be achieved within the subsequent 3 years on an annual or ozone season basis, consistent with the period of the exceedance. NR 428.25(1)(d)4.4. All owners or operators of emissions units considered out of compliance with an averaging program emission limitation are liable for each violation and subject to enforcement and penalty provisions under ss. 285.83 and 285.87, Stats. The owners or operators of the emissions units in the averaging plan shall evaluate the emissions and operating data for any period of non-compliance to determine which units are responsible for the non-compliance event. The information used in this evaluation shall be made available to the department within 30 days of the discovery of a non-compliance event. NR 428.25(1)(d)5.5. The parameters required in the notice under par. (c) 1. d. shall constitute annual and ozone season alternative compliance limits for each unit participating in a multi-facility averaging program under par. (c). If compliance is demonstrated under par. (c) 4. g., all emissions units in the averaging program shall be deemed to be in compliance with the alternative compliance limits. NR 428.25(2)(2) CAIR emissions units. The owner or operator of an emissions unit which is subject to the emission reduction requirements of the clean air interstate rule (CAIR) under 40 CFR part 97 may demonstrate that the NOx emission reductions achieved by the emissions unit in complying with the CAIR requirements constitute compliance with the NOx RACT emission limitation requirements of this subchapter. NR 428.25(3)(a)(a) The owner or operator of an emissions unit may request that the department establish an alternative emission limitation or alternative compliance deadline to the requirements in s. NR 428.22 if the owner or operator demonstrates that it is economically or technically infeasible to meet the requirement. NR 428.25(3)(b)(b) The owner or operator of the emissions unit shall submit the request with the demonstration for an alternative RACT requirement by the following deadlines: NR 428.25(3)(b)1.1. By May 1, 2008 for an emissions unit subject to a compliance date of May 1, 2009. NR 428.25(3)(b)2.2. By May 1, 2011 for an emissions unit subject to a compliance date of May 1, 2013. NR 428.25(3)(b)3.3. By May 1 of the year following the calendar year in which an emissions unit first becomes subject to an emission limitation in s. NR 428.22, if the emissions unit first becomes subject to an emission limitation in s. NR 428.22 after December 31, 2007. NR 428.25(3)(c)(c) Any request for an alternative RACT requirement made under this subsection shall be subject to the requirements and procedures of s. NR 436.05 and written approval of the administrator. NR 428.25 HistoryHistory: CR 07-016: cr. Register July 2007 No. 619, eff. 8-1-07; CR 08-103: am. (1) (a) 1. a., c., and (3) (b) Register August 2009 No. 644, eff. 9-1-09. NR 428.255NR 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: NR 428.255(1)(1) The owner or operator of a NOx emission unit that commenced construction before March 1, 2022, and became subject to this subchapter on March 1, 2022, shall comply with the applicable requirements of this subchapter for that unit as expeditiously as practicable, but no later than December 1, 2023. NR 428.255(2)(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 March 1, 2022, 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. NR 428.255 NoteNote: 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.
NR 428.255(3)(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 March 1, 2022, 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. NR 428.255 HistoryHistory: CR 21-022: cr. Register February 2022 No. 794, eff. 3-1-22; correction in (1) made under s. 13.92 (4) (b) 14., Stats., Register February 2022 No. 794. NR 428.26NR 428.26 Utility reliability waiver. The owner or operator of an emissions unit used for purposes of electric or steam utility generation or natural gas utility transmission and subject to an emission limitation in s. NR 428.22 may request that the department grant a waiver from meeting the emission limitation for a specific period of time based on the following criteria and procedures: NR 428.26(1)(1) The waiver request is due to the utility’s need to maintain a supply of electricity, steam, or natural gas to non-interruptible customers. NR 428.26(2)(2) A waiver request may only be based on an unavoidable or unforeseeable event including: NR 428.26(2)(c)(c) A disruption in the operation of a generating unit or pollution control equipment. NR 428.26(3)(3) The owner or operator of a utility shall submit a written request for a waiver that provides information sufficient to demonstrate to the department’s satisfaction that granting the waiver is warranted. The request shall include the following: NR 428.26(3)(b)(b) The specific measures taken to mitigate emissions during the duration for which the waiver is requested. NR 428.26(3)(c)(c) The reasons why the utility was unable to achieve compliance with the emission requirement. NR 428.26(4)(4) The department may grant a waiver under this section if, in consultation with the public service commission and written approval by the administrator, the department determines that the owner or operator’s failure to meet a requirement under s. NR 428.22 is consistent with criteria of sub. (2). NR 428.26(5)(5) Within 60 days after the receipt of a complete request, the department shall publish a public notice of the receipt of the waiver request and the department’s preliminary determination to approve, partially approve, or deny the request. The department shall provide an opportunity for public comments on the request and the department’s preliminary determination. The department shall hold a public hearing on the request if a hearing is requested by a person affected by the waiver request. NR 428.26(6)(6) Following the public comment period, the department shall notify the applicant in writing of the final determination to approve, conditionally approve or deny the waiver request. NR 428.26 HistoryHistory: CR 07-016: cr. Register July 2007 No. 619, eff. 8-1-07.
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