# State of Wisconsin 1 DEPARTMENT OF NATURAL RESOURCES

September 14, 2009 Jim Doyle
, Governor Matthew J

. Frank
, Secretary



### Mr. Bharat Mathur
, Acting Region V Administrator USEPA-Region V (R-19J) 77 West Jackson Boulevard Chicago, IL 60604-3608 101 S

. Webster St. Box 7921 Madison
, Wisconsin 53707-7921 Telephone 608-266-2621 FAX 608

- 267-3579 TTY Access via relay - 711



### Subject: Submittal for incorporation into the ozone state implementation plan of rule

modifications to ch. NR 428 concerning NOx control requirements for Wisconsin's RFP and RACT program

Dear Mr. Mathur:

On behalf of the Wisconsin Department of Natural Resources ( WDNR), I am submitting a revision to its state i mplementation plan (SIP ) regarding the control of nitrogen oxides per ch. NR 428
, Wis. Adm. Code. The rules fulfill the CAA requirement for a Reasonably Available Control Technology (RACT) program applicable to major NOX sources in the moderate ozone non

- attainment area

. Also included are several miscellaneous non-substantive changes to existing SIP requirements.

The sections comprising the revisions and modifications of ch. NR 428, Wis. Adm. Code, became effective August 2009. We are now submitting these documents as a formal SIP revision by this letter and its attachments. The USEPA-Region V checklist and the hearing documentation are included as attachments to this letter.

If you have any questions regarding this submittal, please call Ralph Patterson of my staff at 608-267- 7546.

Sincerely,

Mr. John Mooney, USEPAW$eeon V (A-18J), 77 West Jackson Boulevard, Chicago, IL 60604 Ralph Patterson -AM/7 Tom Steidl -LS/8 Larry Bruss-AM/7



## dnr.wi.gov Quality Natural Resources Management

Printed on 

## wisconsin.gov Through Excellent Customer Service
Recycled Paper

## Enclosures:

Attachment 1 - SIP checklist Attachment 2 - Rule Green Shget for adoption Attachment 3 - Public hearing documentation Attachment 4 - Rule summary and response to public comment Attachment 5 - Effective Rule Attachment 6 - SIP certification

For more information on this rule go to the following Internet site:

https://4pps.dhfs.state.wi.us/admrules/Tublic/Rmo?nRmold=4323

# EPA Region V 

# Wisconsin SIP Submittal Completeness Review

Submittal Letter

1. Signed by Governor’s Designee? Yes _X_ No ___
2. Date of Submittal _September 14, 2007__
3. WDNR Person in charge of SIP submittal. Name _Ralph Patterson Telephone _(608)267-7546 FAX Number _(608)267-0560____ E-MAIL Address___Ralph.Patterson@dnr.state.wi.us
4. WDNR Technical Person in charge of answering questions on SIP Submittal Name _Tom Karman_ Telephone _(608) 264-8856 FAX Number _(608)267-0560____ E-MAIL Address___Thomas.Karman@wisconsin.gov 

# Incorporation Into Wisconsin Administrative Code

5. Is evidence that the State in corporated the revision into the Wisconsin Administrative Code supplied in this SIP package? Yes _X_ No__
6. The effective date of the regulation was August 2009.
7. Are test methods/rules incorporated by reference correctly? (Has approval been obtained from the state Attorney General

Yes_X_ No_______ Not applicable ___ The Legislative Clearinghouse reviewed the rule revisions for correct incorporated by reference

8. Has WDNR provided evidence that it has necessary legal authority under State law to adopt and implement the revision?

Yes __X___ No _______ Additional Explanation (if necessary).

9. Did the State include a copy of the actual regulation or document for USEPA review?

Yes _X___

## 2

No_____ Additional Explanation (if necessary).

10. Did the State provide evidence that it followed all of the requirements of its Administrative Procedures Act (ch. 227, Wis. Stats., Admini strative Procedure and Review) in conducting and completing adoption/issuance of the revision?

Yes__X__ No______ Additional Explanation (if necessary)
11. Did the State include evidence that Public Notice was given of the revision, including date of publication? Yes_X__ No ____ Additional Explanation (if necessary)

12. Did the State provide a copy of the certificati on that public hearings we re held in accordance wit the information provided in the public notice (copy of notarized Class I paper proof).

Yes_X__ No___ Additional Explanation (if necessary).

13. Does the submittal contain a compilation of public comments and the State’s response?

Yes_X___ No____ Additional Explanation (if necessary).



# Technical Issues

14. Name the all the regulated pollutants affected by the revision? _Emissions of nitrogen oxide__
15. Does the submittal identify the designation, status of the attainment plan and attainment date for the area(s)

Yes__X__ No_____ Refer to submittal of request for redesignation, September 2009.

16. Does the submittal identify the location and types of affected sources?

Yes__X___ No_____ Additional Explanation (if necessary)

## 3

17. Does the submittal quantify the changes in SIP-allowable emissions and estimate or quantify the changes in actual emissions from affected sources?

Yes_X__ No____ Additional explanation (if necessary)

18. Has the State demonstrated that the NAAQS/PSD Increment/RFP demonstration/visibility will be protected if the revision is approved and implemented?

Yes_X___ No____
These rules implement revisions which do not alter primary emission requirements of ch. 428 which have been incorporated in to the State Implementation Plan for control of NOx emissions.

19. Has the State provided modeling information to support the revision.

Yes___ No____ Unnecessary__X__
20. Has the State provided evidence that emission limitations are based on continuous emission reduction technology?

Yes_X___ No____ Additional explanation (if necessary).
21. Has the State provided evidence that the revision contains emission limitations, work practice standards and record keeping/reporting requirement s where necessary, to ensure emission levels?

Yes_X__ No____ Additional explanation (if necessary).

22. Does the submittal contain enforcement/compliance strategies including how compliance will be determined in practice, and at what frequency?

Yes_X__ No___ Additional explanation (if necessary).

## 4



# STATE APPROVABILITY CHECKLISTENFORCEABILITY

USEPA USE ONLY

SIP Package Number ___________ Date Received by USEPA ________________ Date Due_____________________________ State: WISCONSIN

## 5


# WDNR Information

Subject Matter: Submittal for SIP approval of:

1) Incorporation of definition of a major sour ce subject to NOx RACT rules in the moderate nonattainment areas
2) Non-substantive changes related to clarifica tion and implementation issues related to ch. NR 428.



# Applicability

USEPA Question USEPA Requirement State Response What sources are being regul ated? CAA NOx RACT and RFP  Wisconsin facilities (major sources) in the moderate ozone non-attainment area with a potential to emit of 100 tons per year or more.

 The new source NO x 

## emission limits in s. NR 428.04 are applicable to existing units that undergo modification. The proposed revision modifies the existing rule to avoid triggering new source NO x 

## limits when the modification is made solely to comply with existing source NO x 

## control requirements under ch. 428. This revision does not change which sources are subject to ch. 428. It avoids subjecting existing sources to new source emission limitations. What are criteria for exemption? No revision Is calculation procedure for exemption clearly specified? Supply example calculation or clear explanation of how to determine exemption (line by line, etc.) No revision

Is emission inventory listed in the background document of the attainment demonstration? Inventory including allowable and actual emissions in source category should be included, for enforcement purposes and independent of any Clean Air Act requirements, in the attainment demonstration if such data is necessary for determining baselines in regulations. No revision

Is the averaging time(s) used in the rule different from that of the ambient standard? The averaging time in the rule must be consistent with protecting the ambient standard in question. Normally, it should be equal to or shorter than the tim e associated with the standard. Longer term averaging is available only in limited instances provided that the No revision

## 6

ambient standard is not compromised. What are the units of compliance (lbs VOC per gallon of solids applied less water, grains per standard cubic foot?) Clearly stated in the rule. The adopted revisions modify the current form of the emission limitation for glass furnaces. During limited periods of low production the numerical emission limit is not appropriate. Instead, the source is required to minimize NO x 

## emissions during these periods. Altering the form of the requirement does not change anticipated emissions and may result in further emission reductions. Is bubbling or averaging of any type allowed? If yes, state criteria. Could a USEPA inspector independently determine if the criteria were met?? Does USEPA have to approve each case? Explicit description of how averaging, bubbling, or equivalency is to be determined. VOC equivalency must be on a “solids applied” basis. Any method must be independently reproducible. Provision must be explicit as to whether USEPA case-by-case approval is required. If provision intended to be “generic” then USEPA bubble policy must be met. The existing NO x 

## RACT rule prohibits a source with an approved alternative emission limit or compliance schedule from participating in emissions averaging. The rule revision only prohibits participation in the emissions averaging program for purposes of demonstrating compliance with an alternative emission limit or compliance schedule.

If there is a redesignation, will this change the emission limitations? If yes, which ones and how? Regulation may not automatically allow for self nullification upon redesignation of area to attainment. New maintenance demonstration required to order to drop regulation. No revision



# Compliance Dates

USEPA Question USEPA Requirement State Response What is the compliance date? The compliance date must not be later than the approved or about to be approved date of attainment unless emission reductions are not necessary for attainment. In some cases, it will be necessary for the regulation to specify dates in compliance schedules that are required to be submitted by source to state. No revision

What is the attainment date? Clearly defined. No revision


# Specificity of conduct

USEPA Question USEPA Requirement State Response What test method is required? Test method must be explicitly stated.  Revisions allow sources subject to any portion of ch. 428 to utilize monitoring

## 7

methods specified by source category under the RACT program.

 Revisions allow sources to utilize more stringent emissions monitoring methods already incorporated into ch. 428. For example, sources may elect to use Part 60 continuous emissions monitoring to satisfy periodic stack test requirements.

 If a source elects to utilize a different monitoring requirement allowed by these revisions the source then follows compliance calculations and methods specified in the rule for the alternative compliance test method.

What is the averaging time in the compliance test method? Averaging time and application of limit must be explicit. No revision

Is a compliance calculation or evaluation required? (i.e., daily weighted average for VOC). Clearly defined.  If a source elects to utilize a different monitoring requirement allowed by these revisions the source then follows compliance calculations and methods specified in the rule for the alternative compliance test method.

If a compliance calculation is necessary, list the formula, period of compliance, and/or evaluation method. Formula must be explicit.  If a source elects to utilize a different monitoring requirement allowed by these revisions the source then follows compliance calculations and methods specified in the rule for the alternative compliance test method.



# Incorporation by reference

USEPA Question USEPA Requirement State Response What is the state authority for rulemaking. Clearly stated. s. 227.11(2)(a) and 285.11(1) and (6), Stats.

Are methods/rules incorporated by reference in the right manner? Clearly stated. No revision



# Record keeping

USEPA Question USEPA Requirement State Response What records are required to determine compliance? Clearly stated. No revision

In what form or units (lbs/gal, gr/dscf, etc.) must the records be kept? On what time basis (instantaneously, hourly daily)? Records to be kept must be consistent with units of compliance in the performance requirements, including the applicable time period . No revision

Does the rule affirmatively require Ther e must be clearly defined No revision

## 8

the records be kept? and distinguishable from what constitutes a violation.


# Exemptions

USEPA Question USEPA Requirement State Response List any exemptions allowed. Must be clearly defined and distinguishable from what constitutes a violation. No revision

Is the criteria for application clear? Clearly stated. No revision



# Malfunction Provisions

USEPA Question USEPA Requirement State Response Are there any malfunction provisions in the rule? Rule must specify what exceedances may be excused, how the standard is to be applied, and who makes the determination. No revisionForm 1100-001 

## NATURAL RESOURCES BOARD AGENDA ITEM Item No. ____ 3.A.1

_______ (R 9/07)



## SUBJECT: Request adoption of Board Order AM-20-08, proposed rules a ffecting NR 428 pertaining to modification of Reasonably Available Control Technology for NOx sources.

FOR: APRIL 2009, BOARD MEETING

TO BE PRESENTED BY: Larry Bruss, Regional Pollutant and Mobile Source Section Chief

SUMMARY: The proposed rule revisions address US EPA concerns related to the NO x 

## Reasonably Available Control Technology (RACT) requirements adopted by the Natural Resources B oard into ch. NR 428 in April and May 2007. The proposed revisions also address implementation issues identified since the creation of ch. NR 428 in January 2001.
The Department is proposing to define the term "maximum theoretical emissions" (MTE) for use in identifying major sources subject to NOx RACT. Incorporating th is revision is appropriate for three reasons:

• MTE was required in Wisconsin's VOC RACT rules in order to gain US EPA approval of those rules. The proposed rule change is therefore consist ent with our existing RACT rules.

• The use of MTE to define sources subject to RACT is consistent with the original intent of the applicability threshold for NOx RACT in NR 428, and

• Incorporating the MTE definition will not affect whic h emissions units are subject to NOx RACT emission limitations.
The Department is also proposing revisions to ch. NR 428 to incorporate miscellaneous corrections, simplify rule requirements and address consistency and duplication of requirements between the adopted RACT program and previously existing requirements of NR 428. These proposed revisions do not change emission requirements nor the sources subject to NOx RACT emission limits.
The existing rules in ch. NR 428 apply to stationary sour ces in the ozone non-attainment counties of Kenosha, Manitowoc, Milwaukee, Ozaukee, Raci ne, Sheybogan, Washington, and Waukesha and affect electric utility generators and industrial combustion sources in those counties.

RECOMMENDATION: That the Board adopt Order AM-20-08.

LIST OF ATTACHED MATERIALS:

No Fiscal Estimate Required Yes Attached No Environmental Assessment or Impact Statement Required Yes Attached No Background Memo Yes Attached



## APPROVED:

_______ William B Baumann for

___________________________________________________ ____ 3/25/09

___________________ Bureau Director, John H. Melby, Jr Date

_______ Al Shea

_______________________________________________________________ ____ 3/30/09

___________________ Administrator, Al Shea Date

_______ Matthew J Frank

________________________________________________________ ____ 4-09-09

___________________ Secretary, Matthew J. Frank Date

cc: Laurie Ross - AD/8 John H Melby , Jr - AM/7 Tom Karman - AM/7 Department rules coordinator R. Eck dale - AM/7 (2) Tom Steidl - LS/8

### UUE 

# AIR MANAGEMENT

TE OF WISCONSIN M

EDEPARTMENT OF NATURALiIESbURCES NOTICE OF RING AM-20-08 EREBY GIVEN THAT pursuant to ss. 227

. 11(2)(. ) and 285

. 11(6), State
., Interpret1(6), State
., the Department of Natural Resources will hold a public hearing on ch. NR 428, Wis

. Adm. Code
, relating to modification of existing rules for control oxide ( NOx) emitted by stationary sources in the ozone nonattainment area in n Wisconsin. The proposed revisions relate to issues for State Implementation blllty and miscellaneous ' i mplemertatbn issues. The State Implementation Plan rider s. 285.11 ( 6), State
., is revised. EREBY FURTHER GIVEN that the hearing will be held on: 2008
, Rooms 140-141
, DNA Southeast Region Hdqrs
., 2300 N

. Dr. Martin Lu. King Jr. Drive
, Milwaukee at 1:00 p.m, EREBY FURTHER GIVEN that the hearin g will be held In conjunction with the Natural Resources Board Order No. AM .19

. 08. relating to the application of veilable control technology emission limitations to sources of volatile organic In ozone non

- attainment counties and Natural Resources Board Order No. AM. to VOC emission controls for industrial wastewater collection and treatment e order I. which the proposals will be considered will be decided at the time d rule and supporting documents
, including the fiscal estimate may be viewed tied and comments electronically submitted at the following Internet site: ules.wisconsin

. gov. (Search this Webslte using the Natural Resources Board -19-08

. Written comments on the proposed rule may be submitted via U.S. om Kerman
, Bureau of Air Management
, P.O. Box 7921
, Madison
, WI 63707 or omas.Kerman @ wieconsin

. gov. Comments may be submitted until December ritten comments whether submitted electronically or by U

. S. mail will have the and effect as oral statements presented at the public hearings

. If you do not access , a personal copy of the proposed rule and supporting documents, inI estimate may be obtained from Robert Eckdele
, B ureau of Air Management, 1, Madison, WI 63707 or by calling ( 608) 266.2866. ERE BY FURTHER GIVEN that pursuant to s. 227

. 114, Slats
., it is not anticipated rule will have an economic impact on smell businesses

. The Department's Regulatory Coordinator may be contacted ' at SmallBusiness @ dnr.atate.wi.us (608) 266-1969. a or rule : The current provisions of ch

. NR 428 established nitrogen oxide emisinew and existing facilities which are located in ozone nonattainment counties. Intent of these provisions is to fulfill Clean Air Act ( CAA) requirements for clam- -progress towards attaining the 1-hour ozone standard and establishment bly Available Control Technology ( RACT ) program for major sources of nitrogen no (NOx) In counties designated as nonatteinment under the 8-hour ozone tficationa are proposed to existing portions of ch. NR 428

. Plain langua g e proposed revisions address two areas : 1) required mod ifi cations to the NOx m to meet minimum criteria for conditional Federal approval of the program Implementation Plan (SIP ); and 2 ) revisions ident i fied by the department andduring implementation which clarify and facilitate implementation of requirech. NR 428. SIP approval a. NR 428

. 20, NOx RACT requirements are applicable to facilities which have emissions equal to or greater than 100 tons per year

. These facilities under Act are known as ma j or sources

. In proposing federal approval
, the US EPA the term "potential emissions ", used in Identifying major sources
, be defined as NOx which can be theoretically emitted from emissions units at the facility on ad basis over the year

. These total potential emissions may consider a restrictional capacity or hours
, if those restrictions are federally enforceable. PA's concerns
, the proposed rules Incorporate a definition of " maximum thieoona" In Identifying which sources are subject to NOx RACT requirements. This consistent with the use of this term in a

. NR 419

. 02(11 ) for identifying the apthe state 's VOC RACT requirements. Clarifications and Implementation umber of miscellaneous revisions pfbposed in the rule package consistent with the existing rules. These revisions do+nat change the emission limitations or bb^^eacctt to the emission limitations

. The revisions are focused to implementation riflcetion of requirements

. These revisions include: NOx RACT rule identifies electric utility owned units as those subject to the rule. The proposed rule revision amends these provisions to account for the CAIR rule. NOx RACT rule allows sources to, apply for an alternative emission limit or hedula

. However, the applications were due by May 1
, 2008 even though in requirements are not effective until 2013. The rule revision allows additional as to submit an application for an alternative requirement. NOx RACT rule prohibits a source with an approved alternative emission limit schedule from

- participating In emissions averaging at any time

. The rule prohibits participation In the emissions averaging program for purposes of g compliance with an alternative emission limit of compliance schedule. rce NOx limits in a. NR 428.04 are applicable to units that undergo modification. revision modes the existing rule to avoid triggering new source NOx limits ifcation Is made solely to comply with existing NOx control requirements. ions allow sources subject to monitoring and reporting requirements underions In ch. NR 428 to satisfy all requirements by meeting one set of monitoring requirements

. These revisions also allow certain sources to demonstrate rough periodic stack testing Instead of more costly continuous emissions
miscellaneous revisions are proposed to clar i fy monitoring requirements and Its in s. NR 428.05, established prior to the RACT program
, are intended to as existing prior to February 1, 2001 with no lapse in applicability unless the as subject to the new source limits fn s

. NR 428

. 04 due to a major modiflcalicability statement in a. NR 428

. 05(1) is being revised to remove the reference sources to clarify this intent. end comparison with, existing or proposed federal regulation : The NOx emisants of NR 428 are in place to fulfill federal ozone requirements in non-atfor demonstrating rate

- of-pro g^ ress towards meeting 1 hour ozone attainImplementing a Reasonably Available Control Technology program fig major emissions (NOx RACT). Since there are no direct federal emission limitamust meet these requirements thro} y^ ^ gg h development of control requirements of them into the State Implementation Plan. Many states have

- NOx emiasiog. me in place or are in the process of evaluating and developing necessary rules al ozone non

- attainment requirements. slate NOx emissions for similar sources

. and to similar control levels as those h. NR 428

. These EPA regulations idc(ude new source performance standards low and prevention of si g nificant deterioration requirements,,federal engine Acid Rain program
, the'NOx State SIP Call and various source specific consent with similar rules in adjacent states ( Illinois
, Iowa, Michigan and Minnesota): Implement NOx emission control requirements In adjacent states differ based attainment designations and the resulting applicable federal re q uirements. is

process of developing NOx RACT

. rules

. Ohio, Indiana
, and Mlg ( tipsn are r ap p licable federal requirements, based on attainment status. And Iowa and nently do not have to respond to federal requirements for reduction in NOx in the case of ch. NR 428, all rules developed by these states for ozone related undergo federal approval for inclusion Into their State Implementation Plan. factual data and analytical methodologies used and how any related findings culatorv aoroach chosen Several rooosed revisions are needed to ad

### Arlene Staff duly sworn, doth depose and say that he) is an authorized representative of -apital Newspapers, publishers of

Wisconsin State Journal
t Madison, the seat of government of said State, advertisement of which the annexed is a true i from said paper, was published therein on November 3rd, 2008

scribed and sworn to before me on

Notary Pub 

## ic, Dane Coun 

# ty, Wis onsin :ommission expires May 24th, 2009 I'll 

# ^

## BEFORE THE DEPARTMENT OF NATURAL RESOURCES

NOTICE OF PUBLIC HEARING AM-20-08

NOTICE IS HEREBY GIVEN THAT pursuant to ss. 227.11(2)(a) and 285.11(6), Stats., interp reting s. 285.11(6), Stats., the Department of Natural Resources will hold a public hearing on revisions to ch. NR 428, Wis. Adm. Code, relating to modification of existing rules for control of nitrogen oxide (NOx) emitted by stationary so urces in the ozone nonattainment area in southeastern Wisconsin. The proposed revisions relate to issues for Stat e Implementation Plan approvability and miscellaneous implementation issues. The State Implementation Pl an developed under s. 285.11(6), Stats., is revised.

NOTICE IS HEREBY FURTHER GIVEN that the heari ng will be held on:

December 5, 2008 Rooms 140-141, DNR Southeast Region Hdqrs., 2300 N. Dr. Martin Luther Friday King Jr. Drive, Milwaukee at 1:00 p.m.

NOTICE IS HEREBY FURTHER GIVEN that the heari ng will be held in conjunction with the hearing for Natural Resources Board Order No. AM-19-08 relating to the application of reasonably available control technology emission limitations to sources of volatile organic compounds in ozone nonattainment counties and Natural Resources Board Order No. AM-24-08 relating to VOC emission controls for industrial wastewater collectio n and treatment operations. The order in which the proposals will be considered will be decided at the time of hearing.
The proposed rule and supporting documents, in cluding the fiscal estimate may be viewed and download ed and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. (Search this Web site using the Natural Resources Board Order No. AM-19-08. Written comments on the proposed rule ma y be submitted via U.S. mail to Mr. Tom Karman, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to Thomas.Karman@wisconsin.gov. Comments may be submitted until December 10, 2008. Written comments whether submitted electronica lly or by U.S. mail will have the same weight and effect as oral statements presented at the public hearings. If you do not have Internet access, a personal copy of the proposed rule and supporting documents, including the fiscal estimate may be obtained from Robert Eckdale, Bureau of Air Management, P.O. Box 7921, M adison, WI 53707 or by calling (608) 266-2856.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., i t is not anticipated that the proposed rule will have an economic impa ct on small businesses. The Department’s Small Business Regulatory Coordinator may be contacted at SmallBusiness@dnr.state.wi.us or by calling (608) 266-1959.

Related statute or rule: The cu rrent provisions of ch. NR 428 es tablished nitrogen oxide emission limits for new and existing facilities which are located in oz one nonattainment counties. The primary intent of these provisions is to fulfill Clean Air Act (CAA) r equirements for demonstrating rate-of-progress towards attaining the 1-hour ozone standard and establishm ent of a Reasonably Available Control Technology (RACT) program for major sources of nitrogen oxide emissions (NO x 

## ) in counties designated as nonattainment under the 8-hour ozone standard. Modifications are proposed to existing portions of ch. NR 428.
Plain language analysis: The proposed revisions address two areas: 1) required modifications to the NOx RA CT program to meet minimum criteria for co nditional Federal approval of the program into the State Implementation Plan (SIP); and 2) revisions identified by the department and stakeholders during implementation which clarify and facilitate implementation of requirements within ch. NR 428.
Revisions for SIP approval

## As stated in s. NR 428.20, NO x 

## RACT requirements are applicable to facilities which have potential NO x 

## emissions equal to or greater than 100 tons per year. These facilities under the Clean Air Act are known as major sources. In proposing federal approval, the US EPA requ ires that the term "potential emissions", used in identifying major s ources, be defined as the amount of NO x 

## which can be theoretically emitted from emissions units at the facility on an uncontrolled basis over the year. These total potential emissions may consider a restriction on operational capacity or hours, if those restrictions are federally enforceable.
To address EPA's concerns, the proposed rules inco rporate a d efinition of "maximum theoretical emissions" in identifying whic h sources are subject to NO x 

## RACT requirements. This approach is consistent with the use of this term in s. NR 419.02 (11) for identifying the applicability of the state's VOC RACT requirements.
Revisions for Clarifications and Implementation
There are a number of miscellaneous revisions proposed in the rul e package consistent with the intent of the existing rules. These revisions do not change the emission limitations or the sources subject to the emission limitations. The revisions are focused to implementation issues and clarification of requirements. These revisions include:

• The existing NO x 

## RACT rule identifies electric utility owne d units as those subject to the federal CAIR rule. The proposed rule revision amends these provisions to account for the vacatur of the CAIR rule.

• The existing NO x 

## RACT rule allows sources to apply for an alternative emission limit or compliance schedule. However, the applicatio ns were due by May 1, 2008 even though in some cases requirements are not effective until 2013. The rule revision allows additional time for sources to submit an application for an alternative requirement.

• The existing NO x 

## RACT rule prohibits a source with an approved alternative emission limit or compliance schedule from participating in emissions averaging at any time. The rule revision only prohibits participation in the emissions aver aging program for purposes of demonstrating compliance with an alternative emission limit of compliance schedule.

• The new source NO x 

## limits in s. NR 428.04 are applicable to units that undergo modification. The proposed revision modifies the existing rule to avoid triggering new source NO x 

## limits when the modification is made solely to comply with existing NO x 

## control requirements.

• Several revisions allow sources subject to monitoring and reporting requirements under different provisions in ch. NR 428 to satisfy all requirem ents by meeting one set of monitoring and reporting requirements. These revisions also allow certain sources to demonstrate compliance through periodic stack testing instead of more co stly continuous emissions monitoring.

• A number of miscellaneous revisions are pr oposed to clarify monitoring requirements and deadlines.

• The NO x 

## limits in s. NR 428.05, established prior to the RACT program, are intended to apply to sources existing prior to February 1, 2001 with no lapse in applicability unless the source becomes subject to the new source limits in s. NR 428. 04 due to a major modification. The applicability statement in s. NR 428.05(1) is being revised to remove the reference to "modified" sources to clarify this intent.
Summary of, and comparison with, existing or proposed federal regulation: The NO x 

## emission requirements of NR 428 are in place to fulfill federal ozone requirements in non-attainment areas for demonstrating rate-of-progress towards meeting 1 hour ozone attainment and for implementing a Reasonably Available Control Technology program for major sources of NO x 

## emissions (NO x 

## RACT). Since there are no direct federal emission limitati ons, states must meet these requirements through development of control requirements and adoption of t hem into the State Implementation Plan. Many states have NO x 

## emission control programs in place or are in the process of evaluating and developing necessary rules to meet federal ozone non-attainment requirements.

## EPA does regulate NO x 

## emissions for similar sources and to simila r control levels as those contained in ch. NR 428. These EPA regulations include new source performance standards, new source review and prevention of significant deterioration requirements, fe deral engine standards, the Acid Rain program, the NO x 

## State SIP Call and various source specific consent decrees.
Comparison with similar rules in adjacent stat es (I llinois, Iowa, Michigan and Minnesota): The need to implement NO x 

## emission control requirements in adjac ent states differ based on ozone nonattainment designations and the resulting applicable f ederal requirements. Illinoi s is in the process of developing NO x 

## RACT rules. Ohio, Indiana, and Michi gan are evaluating their applicable federal requirements based on attainment status. And Iowa and Minnesota currently do not have to respond to federal requirements for reduction in NO x 

## emissions. As in the case of ch. NR 428, all rules developed by these states for ozone related purpo ses must undergo federal approval for inclusion into their State Implementation Plan.
Summary of factual data and analytical methodologies used and how any related findings support the reg ulatory approach chosen: Several proposed revisions are needed to address EPA's concern for approving the RACT rules into the State Implem entation Plan Other proposed revisions address implementation issues and the need for clarificat ions by the Department staff and stakeholders.
9. Analysis and supporting documents used to determine the effect on small business or in prepar ation of an economic impact report:
The existing rule requirements are applicable to large i ndu strial or electric generation sources. Based on the limited nature of the proposed changes to the ex isting rule there is no impact anticipated to small businesses.
10. Agency contact person: Thomas Karman Phone: (608) 264-8856 Fax: (608) 267-0560 E-mail: Thomas.karman@dnr.state.wi.us

NOTICE IS HEREBY FURTHER GIVEN that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code. However, based on the comments received, the Department may prepare an environment al analysis before proceeding with the proposal. This environmental review document would summarize the Department’s consideration of the impacts of the proposal and reasonable alternatives.
NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including t he provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Robert Eckdale at (608) 266-2856 with specific information on your request at least 10 days before the date of the scheduled hearing.

Dated at Madison, Wisconsin ______ October 29, 2008

__________________ STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES

By ____ /S/ Matthew J Frank

_____________ Matthew J. Frank, Secretary

## WISCONSIN DEPARTMENT OF NATURAL RESOURCES

BUREAU OF AIR MANAGEMENT

STATE IMPLEMENTATION PLAN REVISION

CERTIFICATION

Pursuant to the requirements of 40 CFR s. 51.102(f), I hereby certify that the Wisconsin Department of Natural Resources held the hearing described below; that the hearing was held in accordance with the public notice (copy attached), as required by 40 CFR s. 51.102(d); and that I was the presiding officer at the hearing.


## Subject :
Revisions to SIP relating to modifications of existing rules for control of nitrogen oxide (NOx) emissions from stationary sources in the ozone nonattainment areas.

Hearing held: 

## Friday, December 5, 2008 in Milwaukee
, Wisconsin.

Written comments were received until December 10, 2008.

Thomas F. Steidl BUREAU OF LEGAL SERVICES



## Subscribed and sworn to before me this

_ dray of (-

-- 2009.

No/ary Public, State of Wisconsin My commission is permanent.

## 1 ORDER OF THE STATE OF WISCONSIN NATURAL RESOURCES BOARD RENUMBERING AND AMENDING, AMENDING AND CREATING RULES

The Wisconsin Natural Resources Board adopts an order to renumber and amend 428.22(1)(d); amend NR 428.04(1) and (3)(b), 428.05(1) and (4)(b)2., 428.07(intro.), (1)(a) and (b)1. and 3., (3) and (4)(c), 428.08(title) and (2)(title), 428.09(2)(a), 428.20(1), 428.22(2)(intro.), 428.23(1)(b)1., 428.24(1)(b)(intro.) and 428.25(1)(a)1.a. and c. and (3)(b); and to create NR 428.02(7e), 428.08(2)(f), 428.12, 428. 22(1)(d)2., and 428.23(1)(b)9., relating to modification of existing rules for control of nitrogen oxide (NO x 

### ) emitted by stationary sources in the ozone nonattainment area in southeastern Wisconsin. The proposed revisions relate to issues for SIP approvability and miscellaneous implementation issues.



## AM-20-08
Analysis Prepared by the Department of Natural Resources
1. Statute interpreted: s. 285.11(6), Stats. The State Implementation Plan developed under s. 285.11(6), Stats., is revised.
2. Statutory authority: s. 227.11(2)(a) and 285.11(1) and (6), Stats.
3. Explanation of agency authority: Section 227.11(2)(a), Stats., gives state agencies general rulemaking authority. Section 285.11(1) Stats., gives the Department the authority to promulgate rules consistent with ch. 285, Stats. Section 285.11(6), St ats., authorizes the Department to develop and revise a state implementation plan for the prevention, abatement and control of air pollution.

4. Related statute or rule: The current provisions of ch. NR 428 establish nitrogen oxide (NO x 

## ) emission limits for new and existing facilities which are located in ozone non-attainment counties. The primary intent of these provisions is to fulfill Clean Air Act (CAA) requirements for demonstrating rate-ofprogress towards attaining the 1-hour ozone standa rd and applying reasonably available control technology (RACT) to major sources of NO x 

## emissions in counties designated as non-attainment under the 8-hour ozone standard. Modifications are proposed to existing portions of ch. NR 428.
5. Plain language analysis:
The proposed rule revisions address two areas: 1) inco rporating the term and a definition of "maximum theoretical emissions" (MTE) in place of "potential to emit" (PTE) in order to adequately identify major sources and aid in federal approval of the NO x 

## RACT program; and 2) revisions identified by the department and stakeholders which clarify and facilitate implementation of requirements within ch. NR 428.
Identification of major sources

The current NO x 

## RACT rule's use of the term "potential to emit" in the applicability provision is not adequate to meet US EPA approval criteria since it allows consideration of control equipment. To address this issue, the proposed revision incorporates the use of "maximum theoretical emissions" (MTE) for identifying major sources subject to NO x 

## RACT requirements.
Clarification and Implementation Issues

## 2 There are a number of non-substantive revisions proposed in the rule package to address clarification and implementation issues which are consistent with the or iginal intent of the rules. There are no changes proposed to the emission limitations or which affect those individual emissions units subject to emission requirements. These revisions include:

 The proposed rule revision removes the reference to the federal Clean Air Interstate Rule (CAIR) and applies standard terms in identifying the appropriate units.

 The rule revision allows additional time for sour ces to submit an application for an alternative emission limit or compliance schedule.

 The proposed rule revision allows a source with an approved alternative RACT requirement to participate in emissions averaging for purposes of demonstrating compliance with the original RACT limitation or schedule.

 The proposed revision avoids triggering new source NO x 

## limits when the modification is made solely to comply with existing NO x 

## control requirements.

 Clarification and simplification of monitoring and reporting requirements.



##  The applicability statement in s. NR 428.05(1) is being revised to remove the reference to "modified" sources.

 The Department proposes to identify limited periods when the current form of the emission limitation for glass furnaces is not appropriate. During these periods the numerical emission limit does not apply. Instead, the source is required to minimize NO x 

## emissions through combustion optimization techniques described in s. NR 439.096.
6. Summary of, and comparison with, existing or proposed federal regulation:

The NO x 

## emission requirements of NR 428 are in place to fulfill federal ozone requirements in nonattainment areas for demonstrating rate-of-progress towards meeting 1-hour ozone attainment and for implementing reasonably available control technology (RACT)for major sources of NO x 

## emissions for the 8-hour ozone standard. Since there is no direct federal emission limitation for NO x 

## RACT, states must meet these requirements through rule adoption and approval by the US EPA to the State Implementation Plan. Many states have NO x 

## emission control requirements in place or are in the process of evaluating and developing necessary rules to meet fede ral ozone non-attainment requirements.
The US EPA regulates NO x 

## emissions for similar sources and to si milar control levels as those contained in ch. NR 428. These regulations include new s ource performance standards, new source review and prevention of significant deterioration requirements, fe deral engine standards, the Acid Rain program, the NO x 

## State SIP Call and various source specific consent decrees.
7. Comparison with similar rules in adjacent states (Illinois, Iowa, Michigan and Minnesota):
The need for adjacent states to implement NO x 

## emission control requirements varies based on ozone nonattainment designations in those states and the resulting applicable federal requirements. Illinois is in the process of developing NO x 

## RACT rules. Michigan is evaluating their applicable federal requirements based on attainment status. Iowa and Minnesota currently do not ozone non-attainment areas which trigger federal requirements for reductions of NO x 

## emissions. As in the case of ch. NR 428, all rules developed by these states for ozone related purposes must undergo federal approval for inclusion into their State Implementation Plan.
8. Summary of factual data and analytical methodologies used and how any related findings

## 3 support the regulatory approach chosen:
Several proposed revisions are needed to address EPA 's concern for approving the RACT rules into the State Implementation Plan. Other proposed revisi ons address implementation issues and the need for clarifications identified by the De partment staff and stakeholders.
9. Analysis and supporting documents used to determine the effect on small business or in preparation of an economic impact report:
The existing rule requirements apply to large indus trial or electric generation sources. Based on the limited nature of the proposed changes, there is no impact anticipated to small businesses.
10. Agency contact person: Thomas Karman Phone: (608) 264-8856 Fax: (608) 267-0560 E-mail: Thomas.karman@dnr.state.wi.us

SECTION 1. NR 428.02(7e) is created to read:
NR 428.02(7e) “Maximum theoretical emissions” means the quantity of NO x 

## emissions that
theoretically could be emitted by a stationary source without consideration of control devices based on the
design capacity or maximum production capacity of the source and 8,760 hours of operation per year.
When appropriate, and upon request by the source ow ner or operator, maximum theoretical emissions
may be limited by the imposition of conditions in a fe derally enforceable permit. The conditions shall be
used in place of design capacity or maximum production capacity in calculating the maximum theoretical
emissions for the source and may include, among other things, the establishment of production
limitations, capacity limitations, or limitations on the hours of operation of any emission source, or a
combination of any limitations. Production or capacity limitations shall be established on the basis of no
longer than one month and may allow for averaging for up to 12 consecutive months.

SECTION 2. NR 428.04(1) and (3)(b) are amended to read:

## 4 NR 428.04(1) APPLICABILITY. The requirements of this section apply to emissions units

described in this section that are located in the county of Kenosha, Milwaukee, Ozaukee, Racine,
Washington or Waukesha County and that are constructed or that undergo a major modification, as that
term is described in ch. NR 405 or 408, after February 1, 2001 . When determining whether an emissions
unit undergoes a major modification for purposes of th is section, any increase in CO emissions resulting
from the operation of the emissions unit, or operation of NO x 

## emissions control equipment for purposes of
meeting state or federal NO x 

## emission requirements, will not be considered in the emissions calculations.

(3)(b) Specific requirements. The owner or operator of each NO x 

## emissions unit subject to the
requirements of sub. (2) shall determine the annual unit's average NO x 

## emission rate, in pound per million

Btu, using methods and procedures specified in 40 CFR part 60, Appendix B, incorporated by reference

in s. NR 484.04(21), or other combustion emissions monitoring methods approved by the department.

SECTION 3. NR 428.05(1) and (4)(b)2. are amended to read:

NR 428.05 (1) APPLICABILITY. The requirements of this section apply to emissions units

described in this section that are located in the county of Kenosha, Manitowoc, Milwaukee, Ozaukee,
Racine, Sheboygan, Washington or Waukesha County and that were initially constructed or last modified
on or before February 1, 2001.
(4)(b)2. The owner or operator of an emissions unit subject to any of the requirements of sub.

(3)(b) to (e) shall determine the unit's average NO x 

## emission rate, in pounds per million Btu, using
methods and procedures specified in 40 CFR part 60, Appendix B, incorporated by reference in s. NR

484.04(21), or other combustion emissions monitoring methods approved by the department.

SECTION 4. NR 428.07(intro.), (1)(a) and (b)1. and 3., (3) and (4)(c) are amended to read:

NR 428.07 General requirements. (intro) The Except as provided in s. NR 428.12, the owner or
operator of an NO x 

## emissions unit subject to the requirements of subch. I shall comply with the

## 5 monitoring and reporting require ments of this subchapter.
(1)(a) By the dates listed in sub. (2), the The owner or operator of an NO x 

## emissions unit shall
submit to the department a monitoring plan that descr ibes in detail the systems to be used on the unit to
satisfy the monitoring requirements of this subchapter. by the following deadlines:
1. For an emissions unit subject to emission limitations in s. NR 428.05(3), by December 21,

2002.
2. For an emissions unit subject to emission limitations in s. NR 428.04(2), at least 180 days prior
to initial operation.
(b)1. Install all monitoring systems required under this subchapter s. NR 428.08 for monitoring

NO x 

## mass emissions . This includes all systems required to monitor NO x 

## emission rate, NO x 

## concentration,
heat input and flow, in accordance with s. NR ss. NR 428.08 and NR 439.09.
3. Successfully complete all certification tests and meet all other provisions operating
specifications of this subchapter and 40 CFR parts 60 and 75 as applicable to the monitoring systems
required for an emissions unit under subds. 1. and 2.

(3) REPORTING DATA PRIOR TO INITIAL CERTIFICATION. The owner or operator of an

NO x 

## emissions unit under sub. (2)(b) or (c) shall determine, record and report NO x 

## mass emissions , heat
input, if required for purposes of compliance, and any other values required to determine NO x 

## mass

emissions , for example NO x 

## emission rate and heat input or NO x 

## concentration and stack flow, using the
provisions of 40 CFR 75.70(g), from the date and hour that the unit starts operating until all required
certification tests are successfully completed.
(4)(c) No owner or operator of an NO x 

## emissions unit may disrupt the continuous emission
monitoring system, any portion thereof, or any other approved emission monitoring method, and thereby
avoid monitoring and recording NO x 

## mass emissions emitted , except for periods of recertification or
periods when calibration, quality assurance testing or maintenance is performed in accordance with the
applicable provisions of this subchapter.

## 6 SECTION 5. NR 428.08(title) and (2)(title) are amended to read:

NR 428.08(title) Specific provisions for monitoring NO x 

## and heat input for the purpose of
calculating NO x 

## mass emissions.

(2)(title) NON

− UTILITY OTHER UNITS.

SECTION 6. NR 428.08(2)(f) is created to read:
NR 428.08(2)(f) An owner or operator of an emissi ons unit that installs and operates a continuous

NO x 

## emissions monitoring system according to the requirements of 40 CFR part 75 satisfies requirements

of this subsection.

SECTION 7. NR 428.09(2)(a) is amended to read:
NR 428.09(2)(a) Meet all of the requirements of 40 CFR part 75 related to monitoring and
reporting NO x 

## mass emissions during the entire year and meet the reporting deadlines specified in sub.

(1).

SECTION 8. NR 428.12 is created to read:

NR 428.12 Alternative monitoring, recordkeeping and reporting. (1) RACT EMISSIONS
UNITS. The owner or operator of an NO x 

## emissions unit that is also subject to an emission limitation in s.
NR 428.22 may satisfy the NO x 

## emissions monitoring and reporting re quirements of this subchapter by
meeting the applicable NO x 

## emissions monitoring requirements in s. NR 428.23(1)(b) and (2) and the
recordkeeping and reporting requirements in s. NR 428.24(1).

(2) NON-RACT EMISSIONS UNITS. The owner or operator of an NO x 

## emissions unit subject to
an emission limitation in s. NR 428.04(2) or 428.05(3) may satisfy the NO x 

## emissions monitoring and

## 7 reporting requirements of this subchapter by meeting, as applicable by source type, the NO x 

## emissions
monitoring requirements in s. NR 428.23(1)(b) and (2 ) and the recordkeeping and reporting requirements

in s. NR 428.24(1).

SECTION 9. NR 428.20(1) is amended to read:
NR 428.20(1) APPLICABILITY. The requirements of this subchapter apply to the owner or
operator of an NO X 

## emissions unit which is in a source categor y identified in s. NR 428.22 and which is
located at a facility with a combined total potential to emit maximum theoretical emissions for all NO X 

## emissions units of 100 tons per year or more of NO X 

## and which is in the count y of Kenosha, Milwaukee,
Ozaukee, Racine, Sheboygan, Washington or Waukesha.

SECTION 10. NR 428.22(1)(d) is renumbered NR 428.22( 1)(d)1., and as renumbered is amended to read:

NR 428.22(1)(d) Glass furnaces. 1. For a glass manufacturing furnace with a maximum heat
input capacity equal to or greater than 50 mmB tu per hour, 2.0 pounds per ton of produced glass , except
as provided in subd. 2

.

SECTION 11. NR 428.22(1)(d)2. is created to read:
NR 428.22(1)(d)2. When, on a daily basis, a glass furnace is operated at less than 25% of glass
production capacity, the owner or operator shall operate the furnace according to the combustion
optimization requirements of s. NR 439.096 and sha ll meet the monitoring requirements of s. NR

428.05(2)(e).

SECTION 12. NR 428.22(2)(intro.) is amended to read:

NR 428.22(2) ELECTRIC UTILITY BOILER COMPLIANCE SCHEDULE. (intro.) The owner
or operator of an electric utility boiler subject to the provis ions of 40 CFR part 97 shall demonstrate

## 8 compliance with the following interim NO x 

## emission limitations, as applicable, on a 30-day rolling
average by May 1, 2009 and with the emission limita tions in sub. (1)(a) on and after May 1, 2013:

SECTION 13. NR 428.23(1)(b)1. is amended to read:

NR 428.23(1)(b)1. 'Part 75 continuous emissions monitoring.' The owner or operator of an
affected unit as defined under s. NR 400.02(11), or an emissions unit subject to 40 CFR part 97 shall

monitor NO X 

## emissions for requir ements of this subsection by installing and operating monitoring
equipment and measuring and recording NO X 

## emissions data according to methods and specifications
electric utility boiler or combustion turbine that is subject to or becom es subject to the requirem ents of 40
CFR part 75 and 40 CFR part 75, Appendices A to I, incorporated by reference in s. NR 484.04(27), as
required of an affected unit or an emissions unit subject to 40 CFR part 97 shall use those monitoring
methods and specifications for monitoring NO x 

## emissions for purposes of this subsection

.

SECTION 14. NR 428.23(1)(b)9. is created to read:
NR 428.23(1)(b)9. 'Emissions monitoring preference.' a. The owner or operator of an emissions
unit that installs and operates a continuous NO x 

## emissions monitoring system according to the
requirements of 40 CFR part 75 shall satisfy the a pplicable monitoring requirements of this section.
b. The owner or operator of an emissions unit that installs and operates a continuous NO x 

## emissions monitoring system according to the requireme nts of 40 CFR part 60 shall satisfy the applicable
monitoring requirements of subd. 3.

SECTION 15. NR 428.24(1)(b)(intro.) is amended to read:

NR 428.24(1)(b) Reporting (intro.) In the reports to the department required under s. NR
428.25(1), if applicable, or s. NR 439.03(1)(b), the owner or operator shall submit the following

information:

## 9 SECTION 16. NR 428.25(1)(a)1.a. and c. and (3)(b) are amended to read:
NR 428.25(1)(a)1.a. The participation of an emissions unit in an emissions averaging program
shall be designated for a full each calendar year. Individual emissions units may not be withdrawn from
an averaging program, during a calendar year, unless each emissions unit in the averaging program meets
its applicable emission limit in s. NR 428.22.
c. An emissions unit for which the department has approved an alternative emission limit or
compliance schedule under sub. (3) may not participat e in an emissions averaging program under this

subsection for the purpose of demonstrating compliance w ith the approved alternative em ission lim itation
or compliance schedule

. (3)(b) The owner or operator of the emissi ons unit shall submit the request with the

demonstration for an alternative RACT re quirement by the later of May 1, 2008 or by May 1 following
the calendar year in which an emissions u n it first becomes subject to an emission limitation in s. NR

428.22. by the following deadlines:
1. By May 1, 2008 for an emissions unit subject to a compliance date of May 1, 2009.
2. By May 1, 2011 for an emissions unit subject to a compliance date of May 1, 2013.
3. By May 1 of the year following the calendar y ear in which an em issions 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.

SECTION 17. EFFECTIVE DATE. This rule shall take 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 18. BOARD ADOPTION. This rule was appr oved and adopted by the State of Wisconsin
Natural Resources Board on April 22, 2009.

## 10 Dated at Madison, Wisconsin ____ July 15, 2009
________________.

STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES

By____ /S/ Matthew J Frank

__________ Matthew J. Frank, Secretary

(SEAL)

# State of Wisconsin 

# CORRESPONDENCE/MEMORANDUM

DATE: March 24, 2009 FILE REF: 4533

TO: Natural Resources Board

FROM: Matthew J. Frank

SUBJECT: Request adoption of Board Order AM-20-08, proposed rules affecting NR 428 pertaining to

m odific ation of Reasonably Available Control Technology for NOx sources.

Introduction

In 2000, the Natural Resources Board adopted ch. NR 428, "Cont r ol of Nitrogen Compound Emissions" to meet rate of progress requirements in ozone non-at tainment areas. These initial requirements consisted of new and existing stationary source NO x 

## emission limitations. In Ap ril and May 2007, the Natural Resources Board adopted revisions to ch. NR 428, establishing NO x 

## Reasonably Available Control Technology (RACT) emission limits for major sources in ozone non-attainment areas.

Why are the rule revisions being proposed?

The RACT rules were submitted to US EPA for appr oval as part of Wisconsin's State Implementation Plan (SIP) for ozone control. EPA has raised concerns about the use of the term "potential to emit" (PTE) for purposes of identifying major sources subject to NO x 

## RACT. The term PTE is not consistent with EPA’s criteria for approving RACT rules, is not consis tent with the state's VOC RACT rules, nor is it consistent with the NOx RACT rule's original inte nt. For these reasons, the Department is proposing to define the term "maximum theoretical emissions" (MTE) for use in determining major sources subject to NO x 

## RACT requirements.

In addition, a number of non-substantive revisions ar e being pr opos ed to address issues identified by the Department and affected sources during implementation of the rules in ch. NR 428.

Summary of the rule revisions

Identification of Major Sources
The Clean Air Act requires a major source of NO x 

## emissions in ozone non-attainment areas to be subject to RACT. The EPA criteria for identifying a major source for RACT purposes is based on the facility's potential emissions without considering controls (uncontrolled emissions) which are already in place for that pollutant 1 

## . The calculation of a facility's potential emissions may, however, consider certain conditions that restrict potential emissions, if those conditions are federally enforceable. In the 1990's, EPA specifically required Wisconsin to incorporate the uncontrolled emissions basis for identifying major sources subject to the state's VOC RACT rules pr ior to approving those rules into the state implementation plan for ozone non-attainment purposes 2



## .

1 

## USEPA, May 1988; Issues Relating to VOC Regulation, Cutpoints, Deficiencies, and Deviations . Ozone/Carbon Monoxide Program Branch, Air Quality Management Divi sion, Office of Air Quality Planning and Standards. 2 

## Nash, August 1992; Letter to the Department addressing VOC RACT Rule SIP Deficiencies , Regulation Development Section Air Toxics and Radiation Branch, Region 5, US EPA, Chicago, Illinois.

## 2 The EPA’s criteria for identifying major sources subject to VOC RACT also apply for purposes of NO x 

## RACT. EPA has indicated the current NO x 

## RACT rule's use of the term "potential to emit" in the applicability provision (s. NR 428.20) does not meet their approval criteria. Even though the Department has historically used uncontrolled emissions in determining which sources are subject to RACT requirements, the term PTE does not exclude consideration of control equipment in a manner consistent with EPA’s SIP approval criteria. To address this issu e, the Department is proposing to define the term "maximum theoretical emissions" (MTE) and use it in place of PTE in the NO x 

## RACT applicability statement. This change will facilitate EPA’s approva l of the rule and the change will also eliminate confusion with the term PTE as defined and used in state air permitting rules. The application of the MTE concept is the same approach used in gaining the aforementioned EPA approval of state VOC rules.
The Department's analysis indicates that using the MT E definition in the applicability statement of the NO x 

## RACT program will not result in any a dditional controls for emissions units.

Clarification and Implementation Issues

There are a number of revisions proposed in the ru le package to address cl arification and implementation issues which are consistent with the original intent of the rules. There are no changes proposed to the primary emission limitations or which affect tho se individual emissions units subject to emission requirements. These revisions include:

• The existing NO x 

## RACT rule identifies electric utility owne d units as those subject to the federal Clean Air Interstate Rule (CAIR). The proposed rule revision removes the reference to the CAIR and applies standard terminology to id entify the appropriate emissions units.

• The existing NO x 

## RACT rule allows sources to apply for an alternative emission limit or compliance schedule. The applications were due by May 1, 2008 but in some cases requirements are not effective until 2013. The rule revision allows additional time for sources to submit an application for an alternative emission limit or compliance schedule.

• The existing NO x 

## RACT rule prohibits a source with an approved alternative emission limit or compliance schedule from participating in emissions averaging. The rule revision only prohibits participation in the emissions averaging program for purposes of demonstrating compliance with an alternative emission limit or compliance schedule.

• The new source NO x 

## emission limits in s. NR 428.04 are app licable to existing units that undergo modification. The proposed revision modifies the existing rule to avoid triggering new source NO x 

## limits when the modification is made solely to comply with existing NO x 

## control requirements.

• The Depart ment made several revisions to th e proposed rule to allow certain sources to demonstrate compliance through periodic stack testing instead of more costly continuous emissions monitoring.

• A num ber of miscellaneous revisions are propo sed to clarify monitoring requirements and deadlines.

• The NO x 

## emission limits in s. NR 428.05 are inte nded to apply to sources existing prior to February 1, 2001 with no lapse in applicability unless the source, due to a major modification, becomes subject to the new source limits in s. NR 428.04. The applicability statement in s. NR 428.05(1) is being revised to rem ove the reference to "modified" sources to clarify this intent.

• The Depart ment proposes to identify limited peri ods when the current form of the emission limitation for glass furnaces is not appropriate. During these periods the numerical emission limit

## 3 does not apply. Instead, the source is required to minimize NO x 

## emissions.

How does this proposal affect existing policy?

The proposed rule modifications do not alter the existing policy.

Hearing synopsis and response to public comment

On December 5, 2008 the Department conducted a p ublic hearing in Milwaukee, Wisconsin. Three persons appeared at the public hearing and one pe rson commented on the rule. Written comments were received from Wisconsin Manufacturing and Commerce (WMC), two electric utilities, Legislative Council Rules Clearinghouse and the EPA. The Depart ment has also been in discussion with Saint Gobain related to compliance demonstration requi rements applicable to their glass manufacturing furnaces. The substantive comments and issues a nd associated Department responses are as follows:
Identification of Major Sources
Responses to specific issues raised by WMC are as follows:

Comment-WMC: The Wis consin Manufacturers and Commerce (WMC) association provided comment related to incorporating the term "Maximum Theore tical Emissions" (MTE) in place of "Potential to Emit" (PTE) currently used in the NO x 

## RACT applicability statement under s. NR 428.20. WMC states that the DNR is exceeding the requirements of the Clean Air Act in taking this action.

Response: No changes are being m ade to the initially pr oposed rule. These revisions are required to meet the Clean Air Act and EPA’s criteria for identifying major sources subject to RACT in an ozone nonattainment area.

Comment-WMC: The Clean Air Act allows for consideration of pollutant contr ols when determining a source's potential to emit.

Response: The term potential to emit is not defined under the Clean Air Act, but rather it is the responsibility of the EPA to define the term in impl ementing each provision of the Clean Air Act. For purposes of establishing applicability of RACT, the EPA specifically requires that a source's potential emissions be determined on an uncontrolled basis 3 

## ; i.e. theoretical potential emissions must discount the operation of control devices.

WMC cites 40 C.F.R. Sec. 52.21(b)(4) in identifyi ng the case where the Clean Air Act and EPA allows for the consideration of controls in determining a major source subject to a RACT program. This reference is to EPA's definition of potential to emit as it applies to the Prevention of Significant Deterioration air permitting program and does not appl y for purposes of determining applicability of RACT.

WMC Comment: DNR has offered no instances where EPA has ar ticulated the position subscribed to them in this rulemaking.

3 

## USEPA, May 1988; Issues Relating to VOC Regulation, Cutpoints, Deficiencies, and Deviations . Ozone/Carbon Monoxide Program Branch, Air Quality Management Divi sion, Office of Air Quality Planning and Standards.

## 4 Response: The EPA required the Department to identify major sources subject to the state's VOC RACT rules based on uncontrolled potential emissions. This position was directly communicated by the EPA in identifying deficiencies preventing approval of Wisc onsin's VOC RACT rules to the state implementation plan. 4 

## The Department addressed this issue by incorpora ting an appropriate defini tion and use of the term "maximum theoretical emissions" (MTE). This requirement also applies to NO x 

## RACT and therefore the same corrective action is proposed by this rule revision.

WMC Comment: There is no Clean Air Act requirement to inco rporate the ter m or concept of “maximum theoretical emissions".

Response: The Clean Air A ct requires major sources in ozone non-attainment areas to be subject to NOx RACT. There is no direct Clean Air Act requirement to use either "potential to emit" (PTE) or "maximum theoretical emissions" (MTE) in identifying a major source. Rather, as with the state’s VOC RACT rules, the Department is appropriately de fining and using the term "maximum theoretical emissions" consistent with EPA’s criteria for identif ying major sources subject to RACT. This approach is taken to eliminate confusion with the PTE term as defined and applicable to other air regulatory programs (e.g. air permits).

Clarification and Implementation Issues

Electric Utilities Comment: Wisconsin Power and Light and WE E nergies provided comment supporting the proposed modifications which clarify the electric utility units subject to a phased emission limitation, which allow additional time to request an altern ative requirement, and which streamline compliance demonstration requirements.

Response: No changes are being m ade to the initially proposed rule.

Glass furnaces: Saint Gobain is a container glass manufactur er in the ozone non-attainment area. The current emission limitation for glass furnaces expressed in pounds of NO x 

## emitted per ton of produced glass is not appropriate for periods of maintenance and hot idling of oxygen-fired furnaces. During these periods the flow of glass from the furnace is minimized to levels necessary to maintain the equipment and process. Since emissions do not decrease in direct relationship to lower fu rnace production levels the source may have to keep glass production higher than necessary solely to generate a compliant emission rate.

Response: The Depart ment agrees that the form of the emission limitation is not appropriate for the periods when glass production is below 25% of fu rnace glass production capacity. The Department revised the rule as follows: Below the 25% production th reshold, owners of glass furnaces are required to monitor and minimize NO x 

## emissions through combustion optimization techniques described in s. NR 439.096. This approach reduces NO x 

## emissions to the lowest levels practical during periods of maintenance or furnace idling. The 25% threshol d for describing glass furnace production is also used in California rules that are applicable in ozone non-attainment areas.

4 

## Nash, August 1992; Letter to the Department addressing VOC RACT Rule SIP Deficiencies , Regulation Development Section Air Toxics and Radiation Branch, Region 5, US EPA, Chicago, Illinois.

## 5 Information on the environmental analysis

The existing rules in ch. NR 428 were established to reduce NO x 

## emissions in the ozone non-attainment counties in southeast Wisconsin. The developmen t of these rule requirements did not require an environmental analysis. The revisions proposed do not alter the emission limits and controls evaluated in formulating the existing requirements, therefore there is no change in environmental impact or need for an environmental analysis for this rule package.

Final regulatory and flexibility analysis

The existing rule requirements apply to large indus trial or electric generation sources. Based on the lim ited nature of the proposed changes to the exis ting rule, there is no impact anticipated to small businesses.161 

### DEPARTMENT OF NATURAL RESOURCES NR 428.03



## Chapter NR 428

CONTROL OF NITROGEN COMPOUND EMISSIONS

NR 428.01 Applicability; purpose. NR 428.08 Specific provisions for monitoring NO, and heat input for the purNR 428.02 Definitions. pose of calculating NO, emissions. NR 428.03 General limitations. NR 428.09 Quarterly reports. Subchapter I - NO, Emissions Performance Program General Provisions NR 428.10 NR 428.11 Petitions.

Additional requirements to provide heat input data. NR 428.04 Requirements and performance standards for new or modified NR 428.12 Alternative monitoring, recordkeeping and reporting.

NR 428.05 sources.

Requirements and performance standards for existing sources. Subchapter IV - NOx Reasonably Available Control Technology Requirements Subchapter 11 - NO, Emissions Performance Program Compliance Provi- NR 428.20 Applicability and purpose.

sions NR 428.21 Emissions unit exceptions. NR 428.06 Determination of compliance. NR 428.22 Emission limitation requirements. NR 428.23 Demonstrating compliance with emission limitations. Subchapter III - NO, Emissions Performance Program Monitoring And NR 428.24 Recordkeeping and reporting. Reporting Provisions NR 428.25 Alternative compliance methods and approaches. NR 428.07 General requirements. NR 428.26 Utility reliability waiver.

Note : Corrections made under s . 13.93 (2m) (b) 7., Stats ., Register
, December, 1996. No. 492. Corrections in NR 428.04 to 428.08 made under s. 13.93 (2m) (b) 7., Stats.. Register , January, 2001, No. 541.

NR 428

. 01 Applicability ; purpose

. (1) APPLICABILITY. This chapter applies to all air contaminant sources which emitnitrogen compounds and to their owners and operators. All references to the code of federal regulations in this chapter mean those parts or provisions as in effect on February 1, 2001, except that in the case of CFR appendices incorporated by reference in ch. NR 484, if a more recent date is specified in the applicable section of ch. NR 484, that date shall apply. (2) PURPOSE. This chapter is adopted under ss. 285.11, 285.13 and 285.17, Stats., to categorize nitrogen compound air contaminant sources and to establish emission limitations and other requirements for these sources in order to protect air quality. History: Cr. Register
, September, 1986, No. 369, eff. 10-1-86; am . ( 1), Register, May, 1992, No. 437, eff. 6-1-92; am. Register, January, 2001
, No. 541, eff. 2-1-01.

NR 428

. 02 Definitions

. The definitions contained in ch. NR 400 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter: (1) "Biologically derived gaseous fuel" means a gaseous fuel resulting from biological processing of a carbon-based feedstock. (1 m) "Capacity factor" means one of the following: (a) The ratio of a unit's actual electric output (expressed inMWe-hr) to the unit's nameplate capacity times the unit's potential hours of operation. The potential hours of operation on an annual basis are 8,760 hours, and on an ozone season basis are 3,672 hours. (b) The ratio of a unit's heat input (in million Btu or equivalentunits of measure) to the unit's maximum design heat input (in million Btu per hour or equivalent units of measure) times the unit's potential hours of operation. (2) "Combined cycle system" means a system comprised of one or more combustion turbines, heat recovery steam generators and steam turbines configured to improve overall efficiency of electricity generation or steam production. 

### (3) "Combustion controls" has the meaning given in s. NR 409.02 (21m).

. (4) "Combustion optimization" means those activities necessary to maximize combustion efficiency while minimizing NO, emissions, including but not limited to the following: burner adjustments, fuel conditioning, fuel flow improvements, furnace design modifications and the application of combustion controls. (5) "Combustion turbine" means an enclosed fossil or other fuel-fired device that is comprised of a compressor, a combustor and a turbine, and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine. (6) "Commencement of operation" means the beginning of any mechanical, chemical or electronic process, including, with regard to a unit, startup of a unit's combustion chamber.(6m) "Integrated gasification process" means a high temperature process in which gaseous fuel is produced onsite from a carbon-based feedstock. (7) "Kraft recovery boiler" means "recovery furnace", as defined in s. NR 440.45 (2) (L). (7e) "Maximum theoretical emissions" means the quantity of NOx emissions that theoretically could be emitted by a stationary source without consideration of control devices based on the design capacity or maximum production capacity of the source and 8,760 hours of operation per year. When appropriate, andupon request by the source owner or operator, maximum theoretical emissions may be limited by the imposition of conditions in a federally enforceable permit. The conditions shall be used inplace of design capacity or maximum production capacity in calculating the maximum theoretical emissions for the source and may include, among other things, the establishment of production limitations, capacity limitations, or limitations on the hours ofoperation of any emission source, or a combination of any limitations. Production or capacity limitations shall be established on the basis of no longer than one month and may allow for averaging for up to 12 consecutive months.(7m) "Process heater" means an enclosed device using controlled flame, that is not a boiler, and that has a primary purpose to transfer heat indirectly to a process material or to a heat transfer material for use in a process unit, instead of generating steam. Process heaters may not include combustion equipment where thematerial being heated is in direct contact with the products of combustion, such as furnaces or kilns, any unfired waste heat recoveryheater or units used for comfort heat or space heat, food preparation for onsite consumption, or autoclaves.(8) "Unit" means a solid fuel-fired or fossil fuel-fired combustion device. History: Cr. (intro.), renum. from NR 154.01 (122), Register, September, 1986, No. 369, eff. 10-1-86; am. (intro.), r. (1), Register, June. 1993, No. 450, eff. 7-1-93; am. (intro.). cr. (1) to (8), Register, January, 2001, No. 541, eff. 2-1-01; CR 02-076: cr. (6m) Register November 2002 No. 563, eff. 12-1-02; CR 03-049: renum. (1) to be (1m), cr. (1) Register December 2003 No. 576, eff. 1-1-04; CR 07-016: cr. (7m) Register July 2007 No. 619, eff. 8-1-07: CR 08-103: Cr. (7e ) Register August 2009 No. 644
, eff. 9-1-09.

NR 428

. 03 General limitations

. No person may cause, allow or permit nitrogen oxides or nitrogen compounds to be

Register August 2009 No. 644WISCONSIN ADMINISTRATIVE CODE 162

NR 428.03 V

emitted to the ambient air which substantially contribute to the exceeding of an air standard or cause air pollution. History: Renum. from NR 154.15 (1), Register, September, 1986, No. 369, eff. 10-1-86; am. Register, May. 1992, No. 437, eff. 6-1-92. 

### Subchapter I - NOx Emissions Performance

Program General Provisions

NR 428

. 04 Requirements and performance standards for new or modified sources

. (1) APPLICABILITY. The requirements of this section apply to emissions units described in this section that are located in the county of Kenosha, Milwaukee, Ozaukee, Racine, Washington or Waukesha and that are constructed or that undergo a major modification, as that term is described in ch. NR 405 or 408, after February 1, 2001. Whendetermining whether an emissions unit undergoes a major modification for purposes of this section, any increase in CO emissions resulting from the operation of the emissions unit, or operation of NO., emissions control equipment for purposes of meeting state or federal NO,, emission requirements, will not be considered in the emissions calculations.
(2) PERFORMANCE STANDARDS. (a) Boilers. 1. Solid fuelfired units. No person may cause, allow or permit nitrogen oxides to be emitted from a solid fuel-fired boiler in amounts greater than those specified in this subdivision.

a. 0.15 pound per million Btu of heat input on a 30-day rolling average basis for boilers with a maximum design heat input of 250 million Btu per hour or greater. b. 0.20 pound per million Btu of heat input on a 30-day rolling average basis for boilers with a maximum design heat input of less than 250 million Btu per hour. 2. Gaseous fuel-fired units. No person may cause, allow or permit nitrogen oxides to be emitted from a gaseous fuel-fired boiler with a maximum design heat input of 25 million Btu per hour or greater in an amount greater than 0.05 pound per million Btu of heat input on a 30-day rolling average basis. 3. Distillate fuel oil-fired boilers. No person may cause, allow or permit nitrogen oxides to be emitted from a distillate fuel oil-fired boiler with a maximum design heat input of 25 million Btu per hour or greater in an amount greater than 0.09 pound per million Btu of heat input on a 30-day rolling average basis. 4. Residual fuel oil-fired boilers. No person may cause, allow or permit nitrogen oxides to be emitted from a residual fuel oil-fired boiler with a maximum design heat input of 25 million Btu per hour or greater in an amount greater than 0.15 pound per million Btu of heat input on a 30-day rolling average basis. 5. Kraft recovery boilers. No person may cause, allow or permit nitrogen oxides to be emitted from a kraft recovery boiler with a maximum design heat input of 50 million Btu per hour or greater in an amount greater than 0.10 pound per million Btu of heat input on a 30-day rolling average basis. (b) Cement kilns, lime kilns and calciners. No person may cause, allow or permit nitrogen oxides to be emitted from a cement kiln, lime kiln or calciner with a maximum design heat input of 50million Btu per hour or greater in amounts greater than those specified in this paragraph. 1. 0.10 pound per million Btu on a 30-day rolling average basis when burning gaseous fuel. 2. 0.12 pound per million Btu on a 30-day rolling average basis when burning distillate fuel oil. 3. 0.20 pound per million Btu on a 30-day rolling average basis when burning residual fuel oil. 4. 0.60 pound per million But on a 30-day rolling average basis when burning solid fuel. (c) Reheat, annealing and galvanizing furnaces. No person may cause, allow or permit nitrogen oxides to be emitted from a reheat furnace, annealing furnace or galvanizing furnace with a maximum design heat input of 50 million Btu per hour or greater in an amount greater than 0.10 pound per million Btu on a 30-day rolling average basis. (d) Glass furnaces. No person may cause, allow or permitnitrogen oxides to be emitted from a glass fu mace with a maximum design heat input of 50 million Btu per hour or greater in an amount greater than 4.0 pounds per ton of pulled glass on a 30-day rolling average basis. (e) Asphalt plants. No person may cause, allow or permitnitrogen oxides to be emitted from an asphalt plant with a maximum design heat input of 50 million Btu per hour or greater in amounts greater than those specified in this paragraph. 

### 1. 0.15 pound per million But of heat input on a 30-day rolling average basis when burning gaseous fuel.
2. 0.20 pound per million But of heat input on a 30-day rolling average basis when burning distillate fuel oil. 3. 0.27 pound per million But of heat input on a 30-day rolling average basis when burning residual fuel oil or waste oil. (f) Process heating units. No person may cause, allow or permit nitrogen oxides to be emitted from a process heater, dryer, oven or other external combustion unit with a maximum design heat input of 50 million But per hour or greater in amounts greater than those specified in this paragraph. 1. 0.10 pound per million But of heat input on a 30-day rolling average basis when burning gaseous fuel. 2. 0.12 pound per million But of heat input on a 30-day rolling average basis when burning distillate fuel oil. (g) Combustion turbines. 1. Gaseous fuel-fired units. Exceptas provided in subds. 3. and 4.. no person may cause, allow or permit nitrogen oxides to be emitted from a gaseous fuel-fired combustion turbine in amounts greater than those specified in this subdivision.

a. 12 parts per million dry volume (ppmdv), corrected to 15%oxygen, on a 30-day rolling average basis for a simple cycle combustion turbine with a maximum design power output of 85 MWe or greater. b. 9 parts per million dry volume (ppmdv), corrected to 15%oxygen, on a 30-day rolling average basis for a simple cycle combustion turbine with a maximum design power output of 40 MWe or greater but less than 85 MWe.

c. 25 parts per million dry volume (ppmdv), corrected to 15%oxygen, on a 30-day rolling average basis for a simple cycle combustion turbine with a maximum design power output of less than 40 MWe. d. 3 parts per million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average basis for a combined cycle combustion turbine with a maximum design power output of 25 MWe or greater. e. 14 parts per million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average basis for a combined cycle combustion turbine with a maximum design power output of less than 25 MWe. 2. Distillate fuel oil-fired units. No person may cause, allowor permit nitrogen oxides to be emitted from a distillate fuel oilfired combustion turbine in amounts greater than those specified in this subdivision.

a. 25 parts per million dry volume (ppmdv), corrected to 15%oxygen, on a 30-day rolling average basis for a simple cycle combustion turbine with a maximum design power output of 85 MWe or greater. b. 25 parts per million dry volume (ppmdv), corrected to 15%oxygen, on a 30-day rolling average basis for a simple cycle combustion turbine with a maximum design power output of 40 MWe or greater but less than 85 MWe.



### c. 65 parts per million dry volume (ppmdv), corrected to 15%oxygen, on a 30-day rolling average basis for a simple cycle comRegister August 2009 No. 644

### 162-1 DEPARTMENT OF NATURAL RESOURCES NR 428.05

bustion turbine with a maximum design power output of less than 40 M We. d. 8 parts per million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average basis for a combined cycle combustion turbine with a maximum design power output of 25 MWe or greater.

e. 25 parts per million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average basis for a combined cycle combustion turbine with a maximum design power output of less than 25 MWe. 3. Units fired by an integrated gasification process. No person may cause, allow or permit nitrogen oxides to be emitted from a combined cycle combustion turbine that is fired by fuel derived from an integrated gasification process in amounts greater than 15 parts per million dry volume (ppmdv), corrected to 15%, oxygen, on a 30-day rolling average basis. 4. Units fired by a biologically derived gaseous fuel. No person may cause, allow or permit nitrogen oxides to be emitted from a biologically derived gaseous fuel fired combustion turbine in amounts greater than those specified in this subdivision.

a. 35 parts per million dry volume (ppmdv), corrected to 15%oxygen, on a 30-day rolling average basis for a simple cycle combustion turbine. b. 35 parts per million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average basis for a combined cycle combustion turbine. (h) Reciprocating engines. No person may cause, allow or permit nitrogen oxides to be emitted from a reciprocating engine in amounts greater than those specified in this paragraph.
1. 6.9 grams per brake horsepower-hour for a compression ignition unit with a maximum design power output of 1000 hp or greater. 2. 4.0 grams per brake horsepower-hour for a spark ignition unit with a maximum design power output of 1000 hp or greater. (3) MONITORING REQUIREMENTS. (a) General requirements. 1. The owner or operator of each NOx emissions unit subject to the requirements of sub. (2) shall comply with the monitoring requirements of subch. Ill. 2. The emissions measurements recorded and reported in accordance with subch. I11 shall be used to determine complianceby the unit with the applicable NO,, emissions performance standard under sub. (2). (b) Specific requirements. The owner or operator of each NO,,emissions unit subject to the requirements of sub. (2) shall determine the unit's average NOx emission rate using methods and procedures specified in 40 CFR part 60, Appendix B, incorporated by reference in s. NR 484.04 (21), or other emissions monitoring methods approved by the department. (4) RECORDKEEPING AND REPORTING REQUIREMENTS. (a) Except as provided in subd. 1., the owner or operator of each NOx emissions unit subject to the requirements of this section shall keep on site at the source each of the following documents for a period of 5 years from the date the document is created. 1. All emissions monitoring information, in accordance with subch. III; except that, to the extent that subch. III provides for a 3-year period for record retention, the 3-year period shall apply. 

### 2. Copies of all reports, compliance certifications and othersubmissions and all records made or required under the NO, emissions performance program. (b) The owner or operator of the NOx emissions source shall submit the compliance reports and certifications required under the NOx emissions performance program in conjunction with those required under the construction permit requirements of ch. NR 406 and the operation permit requirements of s. NR 407.09. History : Cr. Register, January, 2001. No. 541, eff. 2-1-01; CR 02-076: cr. (2) (g) 3. Register November 2002 No. 563, eff. 12-1-02; CR 03-049: am. (2) (g) 1., cr. (2) (g) 4. Register December 2003 No. 576, eff. 1-1-04; CR 07-016: am. (2) (h) 1. and 2. Register July 2007 No. 619, eff. 8-1-07; CR 08-103 : am. (1) and ( 3) (b) Register August 2009 No. 644
, efT. 9-1-09.

NR 428

. 05 Requirements and performance standards for existing sources . (1) APPLICABILITY. The requirements of this section apply to emissions units described in this section that are located in the county of Kenosha, Manitowoc,Milwaukee, Ozaukee, Racine, Sheboygan, Washington or Waukesha and that were initially constructed on or before February 1, 2001. (2) NOx EMISSIONS OPTIMIZATION. (a) The requirements of this subsection do not apply to emissions units which are subject to the emission limits of sub. (3). (b) Except as provided in par. (a) or (c), the following categories of NOx emissions units listed in this subsection shall completea combustion optimization to minimize NOx emissions in accordance with s. NR 439.096 by December 31, 2002. 1. Solid fuel-fired boilers with a maximum design heat input of 75 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 20%. 2. Natural gas-fired boilers with a maximum design heat input of 75 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 20%. 3. Distillate or residual fuel oil-fired boilers with a maximumdesign heat input of 75 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 20%. 4. Cement kilns, lime kilns and calciners with a maximumdesign heat input of 75 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 20%. 5. Reheat furnaces, annealing furnaces and galvanizing furnaces with a maximum design heat input of 75 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 20%. 6. Glass manufacturing furnaces with a maximum design heat input of 75 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 20%. (c) An emissions unit described in par. (b) which first operates with a capacity factor exceeding 20% in an ozone season after the 2000 ozone season shall complete a combustion optimization by December 31 of the calendar year following that ozone season. (d) The owner or operator of an NO,, emissions unit subject toa combustion optimization requirement under par. (b) shall operate the emissions unit in a manner consistent with the results of the combustion optimization. (e) The owner or operator of a source subject to the NO, emissions optimization requirements of this subsection shall performmonitoring sufficient to determine compliance with the requirements of this subsection. The monitoring required under this paragraph shall be either continuous monitoring of NO, emissions orperiodic monitoring of parameters adequate to ascertain the quality of the combustion and shall conform to the source's approved combustion optimization plan pursuant to s. NR 439.096. (3) PERFORMANCE STANDARDS. (a) Utility boilers. No person may cause, allow or permit nitrogen oxides to be emitted from a boiler owned or operated by a utility as defined in s. NR 409.02 (84) with a maximum design heat input of 500 million Btu perhour or greater in excess of the most stringent of the following limits, as applicable, during the ozone season: 

### 1. 0.33 pound per million Btu of heat input on a 30-day rolling average basis, on or after December 31, 2002.
2. 0.31 pound per million Btu of heat input on a 30-day rolling average basis, on or after December 31, 2003.

Register August 2009 No. 644NR 428 .05 WISCONSIN ADMINISTRATIVE CODE

3. 0.30 pound per million Btu of heat input on a 30-day rolling average basis, on or after December 31, 2004. 4. 0.29 pound per million Btu of heat input on a 30-day rolling average basis, on or after December 31, 2005. 5. 0.29 pound per million Btu of heat input on a 30-day rolling average basis, on or after December 31, 2006. 6. 0.28 pound per million Btu of heat input on a 30-day rolling average basis, on or after December 31, 2007. (b) Other boilers. The requirements of this paragraph apply to boilers which are not subject to the emission limits of par. (a). 1. Solid fuel-fired units. On or after December 31, 2002, no person may cause, allow or permit nitrogen oxides to be emitted from a solid fuel-fired boiler, with a maximum design heat input of 100 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 25%, in excess of the following limits during the ozone

season:

a. 0.45 pound per million Btu of heat input on a 30-day rolling average basis for cyclone-fired boilers. b. 0.20 pound per million Btu of heat input on a 30-day rolling average basis for fluidized bed combustion boilers. 

### d. 0.30 pound per million Btu of heat input on a 30-day rolling average basis for pulverized coal-fired boilers. 2. Gaseous fuel-fired units. On or after December 31, 2002. no person may cause, allow or permit nitrogen oxides to be emitted from a gaseous fuel-fired boiler, with a maximum designheat input of 100 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 25%, in excess of 0.10 pound per million Btu ofheat input on a 30-day rolling average basis during the ozone season. 3. Distillate fuel oil-fired units. On or after December 31, 2002, no person may cause, allow or permit nitrogen oxides to be emitted from a distillate fuel oil-fired boiler, with a maximumdesign heat input of 100 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 25%, in excess of 0.12 pound per million Btu of heat input on a 30-day rolling average basis during the

ozone season. 4. Residual fuel oil-fired units. On or after December 31, 2002, no person may cause, allow or permit nitrogen oxides to be emitted from a residual fuel oil-fired boiler, with a maximumdesign heat input of 100 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 25%, in excess of 0.20 pound per million Btu of heat input on a 30-day rolling average basis during the

ozone season. (c) Reheat, annealing and galvanizing furnaces. On or afterDecember 31, 2002, no person may cause, allow or permit nitrogen oxides to be emitted from a reheat furnace, annealing furnace or galvanizing furnace with a maximum design heat input of 100 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 25%, in excess of 0.10 pound per million Btu heat input on a 30-day rolling average basis during the ozone season. (d) Combustion turbines. On or after December 31, 2002, no person may cause, allow or permit nitrogen oxides to be emitted from a combustion turbine with a maximum design power outputof 50 MWe or greater in an amount greater than the following during the ozone season: 1. Gaseous fuel-fired units. 75 parts per million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average for units burning gaseous fuel. 2. Distillate fuel oil-fired units. 110 parts per million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average basis for units burning distillate fuel oil. 162-2

(e) Reciprocating engines. On or after December 31, 2002, no person may cause, allow or permit nitrogen oxides to be emittedduring the ozone season from reciprocating engines with a maximum design power output of 2000 hp or greater in excess of the following limits: 1. 9.5 grams per brake horsepower-hour for rich-bum units. 2. 10.0 grams per brake horsepower-hour for lean-burn units. 3. 8.5 grams per brake horsepower-hour for distillate fuel oil-fired units. 4. 6.0 grams per brake horsepower-hour for dual-fuel units. (4) MONITORING REQUIREMENTS. (a) General requirements. 1. The owner or operator of each NO,, emissions unit subject to the requirements of sub. (3) shall comply with the monitoring requirements of subch. III. 2. The emissions measurements recorded and reported in accordance with subch. III shall be used to determine compliance by the unit with the NO,, emissions performance standard under sub. (3). (b) Specific requirements. 1. The owner or operator of an emissions unit subject to the requirements of sub. (3) (a) shall determine the average NO5 , emission rate, in pound per million Btu, using the methods and procedures specified in 40 CFR part 75, Appendices A through 1, incorporated by reference in s. NR 484.04 (27). 2. The owner or operator of an emissions unit subject to any of the requirements of sub. (3) (b) to (e) shall determine the unit'saverage NO, emission rate using methods and procedures specified in 40 CFR part 60, Appendix B, incorporated by reference in

s. NR 484.04 (21), or other emissions monitoring methods approved by the department. (5) RECORDKEEPING AND REPORTING REQUIREMENTS. (a) Unless otherwise provided, the owner or operator of each NO, emissions unit subject to the requirements of this section shall keep on site at the source each of the following documents for a period of 5 years from the date the document is created: 

### 1. All emissions monitoring information, in accordance with subch. III; except that, to the extent that subch. III provides for a 3-year period for record retention, the 3-year period shall apply. 2. Copies of all reports, compliance certifications and othersubmissions and all records made or required under the NOX emissions performance program. (b) The owner or operator of the NO, emissions source shall submit the compliance reports and certifications required under the NO5 emissions performance program in conjunction with those required under the operation permit requirements of s. NR 407.09. History: Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 07-016: atn. (3) (e) 1. to 4. Register July 2007 No. 619, eff. 8-1-07; CR 08-103: am. (1) and (4) (b) 2. Register August 2009 No. 644, eff. 9-1-09. 

### Subchapter II - NO,, Emissions Performance Program Compliance Provisions

NR 428.06 Determination of compliance

. (1) EMIsSIONS UNIT COMPLIANCE. Except as provided in sub. (2), each emissions unit subject to the requirements of s. NR 428.04 (2) or428.05 (3) shall demonstrate compliance with the applicable performance standards under those provisions on a per unit basis. (2) UNIT OZONE SEASON NO5 EMISSIONS AVERAGING PROGRAM. (a) Except as provided in par. (b), units subject to s. NR 428.05(3) (a) may participate in an ozone season NOX emission averaging program for purposes of demonstrating compliance with ozone season NO)5 emission limitations in s. NR 428.05 (3) during the ozone seasons of calendar years 2003 and later.(b) Excess NOX emission reductions from emissions units subject to s. NR 428.05 that are used in an ozone season NO, emissions averaging program under this subchapter may not be used

Register August 2009 No. 644

### 162-3 DEPARTMENT OF NATURAL RESOURCES

for demonstrating compliance by an emissions unit with an NO,, emission limitation established under ch

. NR 405 or 408 or s. NR 409.065 or 428.04. (c) Excess NOx emission reductions
, for purposes of meeting the requirements of this subchapter
, shall be emissions reductions beyond those required to meet all state and federal requirements. In addition
, excess emission reductions shall be quantifiable through the monitoring requirements under ss

. NR 428.05 and 428.07. and enforceable.
(3) AGGREGATE LIMIT ON OZONE SEASON EMISSIONS. All units participating in an ozone season NO, emissions averaging program after December 31. 2007 shall be subject to an aggregate li mit on the total tons of NOx which may be emitted during the ozone season as determined under sub . (4) (e). (4) PROSPECTIVE EMISSIONS AVERAGING PLAN. An owner or operator of an emissions unit who wishes to participate in an ozone season NO,, emissions averaging program shall submit a prospective emissions averaging plan to notify the department of all the owner ' s or operator's emissions units participating in an ozone season NO,, emissions averaging program

. This plan shall establish compliance requirements for each unit and for all units in the aggregate with respect to emissions rate limitations and mass emissions limitations

. The plan shall estimate each participating unit ' s anticipated operation to meet these requirements. (a) Plan submission

. The emissions averaging plan shall be submitted to the department no later than 90 days prior to the beginning of the ozone season covered by the plan. A revised plan may be submitted to the department no later than 30 days prior to the beginning of the ozone season covered by the plan. (b) Plan elements. The emissions averaging plan shall include the following information for each emissions unit participating in the averaging program. All information shall be provided by applicable fuel category. 1. The responsible owners or operators. 

### 2. The applicable ch. NR 428 emission limitation.
3. The projected ozone season heat input in million Btu or equivalent units. 4. The projected average NOx emission rate, in pounds per million Btu or equivalent
, and total mass emissions for the ozone

season. 5. Information sufficient to determine the emission rate and mass emission limit and the alternative compliance limit required under par. (f

) for each unit. (c) Units with multiple owners

. If an emissions unit has multiple owners
, the unit's mass emissions and heat input may be allocated among the owners provided all mass emissions and the entire heat input of the unit are allocated

. Alternatively , the operator of a unit with multiple owners shall be allocated all mass emissions and the entire heat input. Each owner may use his or her share of mass emissions and heat input in any ozone season NO,, emissions averaging plan. Each owner shall be the responsible party for compliance and liability for the owner ' s share of mass emissions and heat input for the requirements of this subchapter. (d) Plan emission rate limit. 1. The emissions averaging plan shall establish an aggregate ozone season NOx emission rate limitfor all of the emissions units participating in the averaging program. 2. The aggregate ozone season NOx emission rate limit is calculated as the heat input weighted aggregate of the individual unit's ozone season emission rate requirements less an environmental benefit factor of 0.01 pounds per million Btu or equivalent for each unit

. This calculation is expressed as:
Plan Emission Rate = { Sum [Projected Unit Heat Input x (Unit Emission Rate Limit - 0.01)1} / (Sum of Projected Unit Heat Inputs) (e) Plan mass emission limitation

. 1. The emissions averagingplan shall establish an ozone season aggregate mass NOx emis

### N R 428.06

sion limitation for all of the units participating in an averaging program during any ozone season after December 31, 2007. 2. The aggregate mass emissions for all units that are eligible to participate in an emissions averaging plan may not exceed the combined allocation of all participating units' mass emissions li mitation as determined under subd. 3. 3. Each unit participating in any ozone season NO,, emissions averaging plan shall have a mass emissions limitation equal to 15,912 tons multiplied by that unit ' s share of the average aggregate heat input of all eligible units of all owners determined by actual heat inputs for these units from the 1995, 1996 and 1997 ozone seasons as determined by the department. 4. If a unit eligible to participate in an ozone season NOxemissions averaging plan is retired and replaced by another emissions unit at the same site
, the mass emissions from the retired unit may still be used in a plan provided the replacement unit's mass' emissions for that ozone season are subtracted from the retired unit's mass NOx emissions limitation determined under subd. 3. (f) Unit alternative compliance limits. 1. The emissions averaging plan shall establish an alternative compliance limit for each unit participating in the averaging program. 2. The unit alternative compliance limit in mass per million Btu shall be determined by dividing the unit ' s projected ozone season NO,, emissions by its projected ozone season heat input. 3. The plan shall provide calculations that demonstrate that the projected emissions units operations will not exceed the plan's emission rate and mass limit. (g) Plan review

. The emissions averaging plan shall be subject to department review and determination of completeness. The department shall make its determination of completeness and inform the owner or operator of any additional information needed in the plan within 30 days of receipt. (h) Public notice. 1. The owner or operator of any emissions unit participating in an emissions averaging plan shall provide public notice of that plan by publication in a local newspaper at least 60 days prior to the start of the ozone season to which the plan relates and shall provide copies of the plan upon request. 2. The notice shall indicate the purpose of the plan, the participating units and how to obtain a copy of the plan. (i) Compliance demonstration

. 1. The owners or operators of any emissions units participating in an emissions averaging plan shall submit a compliance report to the department not'later than 60 days after the last day of the ozone season with information sufficient to demonstrate compliance with the plan's emission rate and mass emissions limit. 2. The compliance report shall provide
, for each emissions unit
, the heat input
, NO,, emission rate and total NOx mass emissions for the ozone season. The compliance report shall provide, in aggregate for all units participating in the emissions averaging plan, the ozone season NO

, mass emissions
, heat input in millionBtu or equivalent units, and the average emission rate. The aggregate ozone season NOx emission rate shall be calculated as sum of the actual heat input of each unit times the individual unit's actual emission rate divided by the sum of the actual heat inputs of all units

. This calculation is expressed as: Aggregate average ozone season emission rate = [ Sum (actual heat input by unit x actual emission rate by unit )] / ( Sum of actual heat inputs)3. Individual units may not be withdrawn from an ozone season NO,, emissions averaging plan unless it is demonstrated in the compliance report that the withdrawn units individually met their applicable s. NR 428.05 (3) emissions limitation requirements and the remaining units in the plan demonstrate compliance with an ozone season NOx emissions averaging plan after excluding the withdrawn units. 4. If there is a successful demonstration of compliance with the plan ' s aggregate emissions rate limitation and with the plan's

Register August 2009 No. 644NR 428 .06 WISCONSIN ADMINISTRATIVE CODE 162-4 ,10

aggregate mass NO, , emissions li mitation for the ozone season, all units in the averaging plan shall be deemed to be in compliance for that ozone season with each participating unit's alternative emissions rate li mitation and heat input. 0) Violations and penalties. 1. All emissions units participating in an ozone season NO,, emissions averaging program may be considered out of compliance if either the aggregate ozone seasonNO, emission rate exceeds the emissions averaging plan's emission rate li mitation or the aggregate mass NOx emissions for the ozone season exceeds the plan's aggregate mass NOx emissions li mitation for the ozone season. 2. Each emissions unit is considered in violation for each dayof non-compliance until corrective action is taken to reduce emissions and achieve compliance.
3. The department may require additional emission reductions if there are mass emissions exceeding the plan's limit on tons of mass emissions. The department may waive the additional emission reductions if, in consultation with the public service commission, the department determines that the excess emissionswere the result of an extraordinary event and that the excess emissions were an unavoidable outcome of a necessary action taken by the source to maintain electric system reliability. Additional emission reductions shall be achieved within the subsequent 3 ozone seasons' allowable mass emission limit for all units participating in the emissions averaging plan. If there is no subsequent averaging plan for the source, the department may require a reduction in the source' s emission rate that achieves an equivalent aggregate mass emission reduction.
4. All owners or operators of emissions units considered to be out of compliance with a plan emission rate limit or mass tons limit are liable for each violation and subject to enforcement and penalty provisions under ss. 285.83 and 285.87, Stats. (k) Monitoring requirements

. The total mass emissions and heat input shall be quantified by continuous emissions monitoring equipment and procedures required by ss. NR 428.05 (4) and 428.07. (L) Recordkeeping and reporting requirements

. Owners and operators shall comply with the recordkeeping and reporting requirements of s. NR 428.05 (5). History: Cr. Register
, January , 2001, No. 541, eff. 2-1-01; CR 02-076: r. and recr. Register November 2002 No. 563. eff. 12-1-02; CR 03-049: am. (2) (a ) Register December 2003 No. 576, eff. 1-1-04.


### Subchapter III - NOx Emissions Performance Program Monitoring And Reporting Provisions

NR 428

. 07 General requirements

. Except as provided in s. NR 428.12, the owner or operator of an NO,, emissions unitsubject to the requirements of subch. I shall comply with the monitoring and reporting requirements of this subchapter. (1) REQUIREMENTS FOR MONITORING. INSTALLATION, CERTIFICATION AND DATA ACCOUNTING. (a) The owner or operator of an NO), emissions unit shall submit to the department a monitoring plan that describes in detail the systems to be used on the unit to satisfy the monitoring requirements of this subchapter by the following deadlines: 

### 1. For an emissions unit subject to emission limitations in s. NR 428.05 (3). by December 21. 2002.
2. For an emissions unit subject to emission limitations in s. NR 428.04 (2), at least 180 days prior to initial operation. (b) The.owner or operator of each NOx emissions unit shall do all of the following:
1. Install all monitoring systems required under s. NR 428.08 for monitoring NO, emissions. This includes all systems required to monitor NOx emission rate, NO,, concentration, heat input and flow, in accordance with ss. NR 428.08 and 439.09. 2. Install all monitoring systems for monitoring heat input, if required under this chapter, for developing NOx emission rate determinations expressed in pounds per million Btu. 3. Successfully complete all certification tests and meet all operating specifications of this subchapter and 40 CFR parts 60 and 75 as applicable to the monitoring systems required for an emissions unit under subds. 1. and 2. 

### 4. Record and report data from the monitoring systems under subds. 1. and 2. (2) COMPLIANCE DATES. The owner or operator shall meet the requirements of sub. (1) (h) 1. to 3. on or before the following dates and shall record and report data on and after the applicable listed date as follows: (a) NO, emissions units subject to the requirements of this subchapter that commence operation before February 1, 2001 shall comply with the requirements of this subchapter by December 31, 2002. (b) NO,, emissions units subject to the requirements of this subchapter that commence operation on or after February 1, 2001 shall comply with the requirements of this subchapter by the later of the following dates: 

### 1. December 31, 2002. 2. 180 days after the date on which the unit commences operation. (c) However, if the applicable deadline under par. (b) does not occur during an ozone season, the deadline for compliance withthe requirements of this subchapter becomes the May 1 immediately following the date determined in accordance with par. (b). (d) 1. An NOx emissions unit with a new stack or flue for which construction is completed after the applicable deadline under par. (a), (b) or (c) shall comply with the requirements of this subchapter 90 days after the date on which emissions first exit through the new stack or flue. 2. However, if the unit reports on an ozone season basis and the applicable deadline under subd. 1. does not occur during the

ozone season , the deadline for compliance with the requirements of this subchapter becomes the May I immediately following the date determined in accordance with subd. 1. (3) REPORTING DATA PRIOR TO INITIAL CERTIFICATION. The owner or operator of an NOx emissions unit under sub. (2) (b) or (c) shall determine, record and report NO), emissions, heat input, if required for purposes of compliance, and any other values required to determine NO,, emissions, for example NOx emission rate and heat input or NOx concentration and stack flow, using the provisions of 40 CFR 75.70(g), from the date and hour that the unitstarts operating until all required certification tests are successfully completed.(4) PROHIBITIONS. (a) No owner or operator of an NO, emissions unit may use any alternative monitoring system. alternative reference method or any other alternative for the required continuous emission monitoring system without having obtained prior written approval in accordance with s. NR 428.10. (b) No owner or operator of an NO,, emissions unit may operate the unit so as to emit NO,, without accounting for all NOx emissions in accordance with the applicable provisions of this subchapter. (c) No owner or operator of an NOx emissions unit may disrupt the continuous emission monitoring system, any portion thereof, or any other approved emission monitoring method, and therebyavoid monitoring and recording NO,, emissions, except for periods of recertification or periods when calibration, quality assurance testing or maintenance is performed in accordance with the applicable provisions of this subchapter. (d) No owner or operator of an NOx emissions unit may retire or permanently discontinue use of the continuous emission monitoring system, any component thereof or any other approved

Register August 2009 No. 644

### 162-5 DEPARTMENT OF NATURAL RESOURCES

emission monitoring system under this subchapter, except under one of the following circumstances: 1. The unit is within a period during which it is covered by a retired unit exemption under s. NR 409.05 that is in effect. 2. The owner or operator is monitoring emissions from the unit with another certified monitoring system approved, in accordance with the applicable provisions of this subchapter, by the department for use at that unit that provides emission data for the same pollutant or data for the same parameter as the retired or discontinued monitoring system. History: Cr. Register , January, 2001, No. 541. eff. 2-1-01; CR 08

- 103: am. ( intro.), (1 ) ( a), (b) 13 ., ( 3) and ( 4) (c) Register August 2009 No. 644
, eff, 9-1-09.

NR 428

. 08 Specific provisions for monitoring NO,and heat input for the purpose of calculating NO, emissions . (1) UTILITY UNITS This subsection applies to NOX emissions units subject to the requirements of s. NR 428.05 (3) (a). (a) Coal-filed units. The owner or operator of a coal-fired boiler shall do one of the following: 1. Meet the general operating requirements in 40 CFR 75.10for an NO5-diluent continuous emission monitoring system, consisting of an NO,, pollutant concentration monitor, an 02- orC02-diluent gas monitor and a data acquisition and handling system, to measure NO,. emission rate, and for a flow monitoring system and an 02- or C02-diluent gas monitor to measure heat input, except as provided in accordance with subpart E of 40 CFR part 

### 75. 2. Meet the general operating requirements in 40 CFR 75.10 for an NO,, concentration monitoring system, consisting of an NO,, pollutant concentration monitor and a data acquisition and handling system, to measure NO, concentration and for a flow monitoring system. In addition, if heat input is required to he reported under this chapter. the owner or operator also shall meet the general operating requirements for a flow monitoring system and an 02- or C02-diluent gas monitor to measure heat input, or, if applicable, use the procedures in Appendix I) to 40 CFR part 75,incorporated by reference in s. NR 484.04 (27). These requirements shall be met, except as provided in subpart E of 40 CFR part 75. (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 diluentmonitor, 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 a boiler 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 "NO,". (c) Gaseous fuel fired nonpeaking units or oil fired nonpeaking units

. The owner or operator of a boiler or combustion turbinethat, 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: 1. Meet the requirements of par. (a) and, if applicable, par. (b). 2. Meet the general operating requirements in 40 CFR 75.10 for an NO. ,-diluent continuous emission monitoring system, except as provided in accordance with 40 CFR part 75 Subpart E, and use the procedures specified in Appendix D to 40 CFR part75, incorporated by reference in s. NR 484.04 (27), for determining hourly heat input. (d) Gaseous fuel fined 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: 1. Meet the requirements of par. (c). 

### NR 428.08

2. Use the procedures in 40 CFR part 75 Appendix D, incorporated by reference in s. NR 484.04 (27), for determining hourlyheat input and the procedures specified in 40 CFR part 75 Appendix E. incorporated by reference in s. NR 484.04 (27), for estimating the hourly NOX emission rate. In addition, if after certification of an excepted monitoring system under 40 CFR part 75 AppendixE, 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. (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). (2) OTHER UNITS. This subsection applies to NO,, emissions units subject to the requirements of s. NR 428.04 (2) or 428.05 (3) (b) to (e). (a) Coal-fired units. The owner or operator of a coal-fired boiler shall do one of the following: 1. Meet the general operating requirements in 40 CFR 60.13for an NO. ,-diluent continuous emission monitoring system, consisting of an NO,, pollutant concentration monitor, an 02- orC02-diluent gas monitor, and a data acquisition and handling system, to measure NO,, emission rate, and for a flow monitoring system and an 02- or C02-diluent gas monitor to measure heat input, except as provided in accordance with 40 CFR 60.13(i). 2. Meet the general operating requirements in 40 CFR 60.13 for an NO,, 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 02- or C02-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). (b) Moisture correction. If a correction for the stack gas moisture content is needed to properly calculate the NO, emission rate in pounds per million Btu, i.e., if the NO, pollutant concentration monitor measures on a different moisture basis from the diluentmonitor, or NO,( mass emissions in tons, i.e., if the NO,, concentration monitoring system or diluent monitor measures on a different moisture basis from the flow rate monitor, the owner or operator of an NO, , 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". (c) Gaseous.fuel fired nonpeaking units or oilfired nonpeaking units

. The owner or operator of a boiler or combustion turbinethat, 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: 1. Meet the requirements of par. (a) and, if applicable, par. (b). 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 usethe procedures specified in Appendix D to 40 CFR part 75, incorporated by reference in s. NR 484.04 (27). for determining hourly heat input. (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: 1. Meet the requirements of par. (c).

Register August 2009 No. 644

### NR 428 .08 WISCONSIN ADMINISTRATIVE CODE 162-6 .el

2. Use the procedures in 40 CFR part 75 Appendix D, incorporated by reference in s. NR 484.04 (27). for determining hourlyheat 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 AppendixE, 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. (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). (f) An owner or operator of an emissions unit that installs andoperates a continuous NO, emissions monitoring system according to the requirements of 40 CFR part 75 satisfies requirements of this subsection. 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 Quarterly reports

. The owner or operator of a unit subject to the NO,, requirements of this subchapter shall submit quarterly reports, as required under this section. (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 NO, 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: (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. (b) For a unit that commences operation on or after December31, 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. (2) UNITS NOT SUBJECT TO AN ACID RAIN EMISSION LIMITATION. If an NO,, emissions unit is not subject to an acid rain emission li mitation, the owner or operator of the NO,, emissions source shall comply with either of the following requirements: (a) Meet all of the requirements of 40 CFR part 75 related to monitoring and reporting NO,, emissions during the entire year and meet the reporting deadlines specified in sub. (1).(b) Submit a quarterly report for each calendar quarter, beginning with the following quarters: 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. 2. For units that commence operation on or after December31, 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. (3) DEADLINES FOR SUBMrrrALs. The owner or operator of an NOX emissions source shall submit each quarterly report to thedepartment within 30 days following the end of the calendar quarter covered by the report according to the following schedule: (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. (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. (4) COMPLIANCE CERTIFICATION. The owner or operator of anNOx 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: (a) The monitoring data submitted were recorded in accordance with the applicable requirements of this subchapter, including the quality assurance procedures and specifications. (b) For a unit with add-on NO5 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 withinthe range of parameters listed in the monitoring plan and the substitute values do not systematically underestimate NOX emissions. (c) For a unit that is reporting on an ozone season basis underthis subsection, the NO, emission rate and NO, 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 NO5 . emissions. 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 Petitions

. The owner or operator of an NO5
,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. History : Cr. Register, January, 2001,No. 541, eff. 2-1-01.

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 NO5 , mass emissions using an NO5 concentration system and a flow system shall also monitor and report heat input at the unit level. History: Cr. Register, January, 2001, No. 541, eff. 2-1-01.

NR 428

. 12 Alternative monitoring
, recordkeeping and reporting . (1) RACT EMISSIONS UNITS. The owner or operator of an NO5 emissions unit that is also subject to an emission li mitation in s. NR 428.22 may satisfy the NO5 , emissions monitoring and reporting requirements of this subchapter by meeting the applicable NO, emissions monitoring requirements in s. NR 428.23 (1) (b) and (2) and the recordkeeping and reporting requirements in s. NR 428.24 (1). (2) NON-RACT EMISSIONS UNITS. The owner or operator of an NO, emissions unit subject to an emission limitation in s. NR428.04 (2) or 428.05 (3) may satisfy the NO5 , emissions monitoring and reporting requirements of this subchapter by meeting, asapplicable by source type, the NO5 , emissions monitoring requirements in s. NR 428.23 (1) (b) and (2) and the recordkeeping and reporting requirements in s. NR 428.24 (1). History : CR 08-103 : cr. Register August 2009 No. 644
, eff. 9-1-09. 

### Subchapter IV - NOX Reasonably Available Control

Technology Requirements

NR 428

. 20 Applicability and purpose

. (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 withcombined total maximum theoretical emissions for all NOX emissions units of 100 tons per year or more of NOX and which is inthe county of Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington or Waukesha. (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)). 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.

Register August 2009 No. 644

### 162-7 DEPARTMENT OF NATURAL RESOURCES

NR 428

. 21 Emissions unit exceptions

. The emissionsunits 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. (1) GENERAL EXEMPTIONS. The following emissions units and processes are exempt from the emission limitations in s. NR 428.22: (a) Any emissions unit operated only to restart electric generation in the event of a complete loss of facility power. (b) Any emissions unit which is operated no more than 500hours 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. (c) Any emissions unit whose only function is to pump water in the case of a fire emergency. (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 the3-year rolling period and which is owned or operated by an electric generation utility or gas transmission utility. (e) A research or development unit. (f) An engine testing operation or process line. (g) Any gaseous fuel fired unit used to control VOC emissions from a commercial or industrial process. (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 utilizationthreshold 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 (2m) RECIPROCATING ENGINES. Any reciprocating engine thatis 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): (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: 1. The engine has a maximum design power output of less than 2,000 horsepower. 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. (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 428.22

(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. (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: (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. (b) The emissions unit, because of a physical operating constraint, cannot emit more than 75 tons of NOX per year. History: CR 07-016: cr. Register July 2007 No. 619. eff. 8-1-07.

NR 428

. 22 Emission limitation requirements. (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: (a) Boilers. 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:

a. If tangential, wall, cyclone or fluidized bed-fired, 0.10 pound per mmBtu of heat input. b. I f arch-fired, 0.18 pound per mmBtu of heat input. 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: a. If tangential-fired. 0.15 pound per mmBtu of heat input. 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.

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. 

### d. If cyclone-fired, 0.15 pound per mmBtu of heat input.

e. If arch-fired. 0.18 pound per mmBtu of heat input. f. If fluidized bed-fired. 0.10 pound per mmBtu of heat input. 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:

a. If tangential-fired, 0.15 pound per mmBtu of heat input. 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.



### 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. d. If cyclone-fired, 0.15 pound per mmBtu of heat input. f. If arch-fired, 0.18 pound per mmBtu of heat input. 

### g. If fluidized bed-fired, 0.10 pound per mmBtu of heat input. h. If stoker-fired, 0.20 pound per mmBtu of heat input. 4. For a solid fuel-fired boiler with a maximum heat input capacity equal to or greater than 50 mmBtu per hour and less than 250 mmBtu per hour, one of the following, as applicable:

a. If tangential-fired, 0.15 pound per mmBtu of heat input. 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.

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. d. If cyclone-fired, 0.15 pound per mmBtu of heat input. e. If fluidized bed-fired, 0.10 pound per mmBtu of heat input. f. If stoker-fired, 0.25 pound per mmBtu of heat input. 

### 5. For a gaseous fuel-fired boiler with a maximum heat input capacity equal to or greater than 100 mmBtu per hour, 0.08 pound per mmBtu of heat input.

Register August 2009 No. 644

### NR 428 .22 WISCONSIN ADMINISTRATIVE CODE 162-8 /

6. For a distillate fuel oil-fired boiler with a maximum heat input capacity equal to or greater than 100 mmBtu per hour, 0.10 pound per mmBtu of heat input. 7. For a residual fuel oil-fired boiler with a maximum heat input capacity equal to or greater than 65 mmBtu per hour, 0.15 pound per mmBtu of heat input. (b) Lime kilns. For a lime kiln with a maximum heat input capacity equal to or greater than 50 mmBtu per hour, one of the following as applicable: 

### 1. For a gaseous fuel-fired unit. 0.10 pound per mmBtu of heat input. 2. For a distillate oil-fired unit, 0.12 pound per mmBtu of heat input. 3. For a residual oil-fired unit, 0.15 pound per mmBtu of heat input. 4. For a coal-fired unit. 0.60 pound per mmBtu of heat input. 5. For a coke-fired unit, 0.70 pound per mmBtu of heat input. (c) Reheat, annealing or galvanizing furnaces. For a reheat, annealing or galvanizing furnace with a maximum heat input capacity equal to or greater than 75 mniBtu per hour, 0.08 pounds per million Btu of heat input. (d) Glass furnaces. 1. For a glass manufacturing furnace with a maximum heat input capacity equal to or greater than 50 mmBtu per hour, 2.0 pounds per ton of produced glass, except as provided in subd. 2. 2. When, on a daily basis, a glass furnace is operated at less than 25% of glass production capacity, the owner or operator shall operate the furnace according to the combustion optimization requirements of s. NR 439.096 and shall meet the monitoring requirements of s. NR 428.05 (2) (e). (e) Asphalt plants. For an asphalt plant with a maximum heat input capacity equal to or greater than 65 mmBtu per hour, one of the following as applicable: 

### 1. For a gaseous fuel-fired unit, 0.15 pound per million Btu of heat input. 2. For a distillate fuel oil-fired unit, 0.20 pound per million Btu of heat input. 

### 3. For a residual fuel oil-fired or waste oil-fired unit, 0.27 pound per million Btu of heat input. (f) Process heating. For a process heater, dryer, oven or other process heating device, one of the following as applicable: 1. For a gaseous fuel-fired unit with a maximum heat input capacity equal to or greater than 100 mmBtu per hour, 0.10 pound per mmBtu of heat input. 2. For a distillate oil-fired unit with a maximum heat input capacity equal to or greater than 100 mmBtu per hour, 0.12 pound per mmBtu of heat input. 3. For a residual oil-fired unit with a maximum heat input capacity equal to or greater than 65 mmBtu per hour, 0.18 pound per mmBtu of heat input. (g) Simple cycle combustion turbines. For a simple cycle combustion turbine, one of the following exhaust outlet concentrations, corrected to 15% 02 and at ambient temperatures greater than 0°F, as applicable: 1. For a unit with a maximum design power output equal to or greater than 50 megawatts, one of the following, as applicable: a. If natural gas-fired, 25 parts per million dry volume. b. If distillate oil fuel-fired, 65 parts per million dry volume.c. If biologically derived gaseous fuel-fired, 35 parts per million dry volume. 2. For a unit with a maximum design power output equal to or greater than 25 megawatts and less than 50 megawatts, one of the following as applicable: a. If natural gas-fired, 42 parts per million dry volume. b. If distillate oil fuel-fired, 96 parts per million dry volume. 

### c. If biologically derived gaseous fuel-fired, 35 parts per million dry volume. (h) Combined cycle combustion turbines. For a combinedcycle combustion turbine, one of the following exhaust outlet concentrations, corrected to 15% 02 and at ambient temperatures greater than 0°F, as applicable: 1. For a natural gas-fired unit with a maximum design power output equal to or greater than 25 megawatts, 9 parts per million dry volume. 2. For a natural gas-fired unit with a maximum design power output equal to or greater than 10 megawatts and less than 25 megawatts. 42 parts per million dry volume. 3. For a distillate oil fuel-fired unit with a maximum design power output equal to or greater than 10 megawatts, 42 parts per million dry volume. 4. For a biologically derived gaseous fuel-fired unit with amaximum design power output equal to or greater than 10 megawatts, 35 parts per million dry volume. (i) Reciprocating engines. For a reciprocating engine with amaximum design power output equal to or greater than 500 horsepower, one of the following as applicable: 1. For a rich-burn spark ignition unit, 3.0 grams per brake horsepower-hour. 

### 2. For a lean-bum spark ignition unit, 3.0 grams per brake horsepower-hour. 3. For a diesel fuel-fired compression unit, 3.0 grams per brake horsepower-hour. 4. For a dual fuel-fired compression unit, 3.0 grams per brake horsepower-hour. (2) ELECTRIC UTILITY BOILER COMPLIANCE SCHEDULE. The owner or operator of an electric utility boiler shall demonstrate compliance with the following interim NO, emission limitations, as applicable, on a 30-day rolling average by May 1, 2009 and with the emission limitations in sub. (1) (a) on and after May 1, 2013: (a) 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: 1. If tangential, wall, cyclone or fluidized bed-fired, 0.15. pound per mmBtu of heat input. 2. If arch-fired, 0.18 pound per mmBtu of heat input. (b) 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: 1. If tangential-fired, 0.15 pound per mmBtu of heat input. 2. If wall-fired, 0.20 pound per mmBtu of heat input. 

### 3. If cyclone-fired, 0.20 pound per mmBtu of heat input. 4. If arch-fired, 0.18 pound per mmBtu of heat input. 5. If fluidized bed-fired, 0.15 pound per mmBtu of heat input. History : CR 07-016: cr. Register July 2007 No. 619, eff . 8-1-07; CR 08-103: renum. (1) (d) to be ( 1) (d) 1. and am., Cr . ( 1) (d) 2., am . ( 2) (intro.) Register August 2009 No. 644
, eff. 9-1-09.

NR 428

. 23 Demonstrating compliance with emission limitations

. The owner or operator of an emissions unit shall determine the emissions unit's NOx emissions and shall determine compliance with the emission limitations in s. NR 428.22 according to the applicable methods in this section. (1) EMISSIONS MONITORING REQUIREMENTS. (a) Installation and operation. No later than April 1, 2009 or April I of the year an emissions unit first becomes subject to an emission limitation in s. NR 428.22, the owner or operator of the emissions unit shall do the following: 1. Submit to the department in writing, a certification of theinstallation and operation of all monitoring systems or a certification of the completion of initial emission performance tests required under par. (b).

Register August 2009 No. 644162-9 DEPARTMENT OF NATURAL RESOURCES

2. Begin and continue to monitor, measure and record all data necessary to determine emissions in the measurement units of the applicable emission limitation according to the methods of this section. (h) Monitoring systems and procedures. 1. 'Part 75 continuous emissions monitoring.' The owner or operator of an electric utility boiler or combustion turbine that is subject to or becomes subject to the requirements of 40 CFR part 75 and 40 CFR part 75, Appendices A to I, incorporated by reference in s. NR 484.04 (27),shall use those monitoring methods and specifications for monitoring NO, emissions for purposes of this subsection. 2. 'Continuous emissions monitoring.' Except as provided in subd. 1., the owner or operator of an emissions unit subject to an emissions limitation in s. NR 428.22 (1) (a) to (d) shall monitor NOx emissions for requirements of this subsection according to the following specifications, as applicable:

a. The owner or operator shall install and operate a continuous emissions monitoring system that measures the hourly average NOx emission rate. b. The emissions monitoring system shall consist of an NO, diluent continuous emissions analyzer and, as applicable, an 02or CO2 diluent continuous emissions analyzer to correct all emissions data and heat rate values for the emissions unit to the same moisture and diluent gas basis, as required in subd. 6. b.

c. The owner or operator shall calibrate, maintain and operate the emissions monitoring system according to the requirements of

s. NR 439.09 (9), the applicable operating requirements of 40 CFR60.13, the performance specifications in 40 CFR part 60, Appendix B, incorporated by reference in s. NR 484.04 (21) and the quality assurance procedures of 40 CFR part 60, Appendix F, incorporated by reference in s. NR 484.04 (21m). d. For an emissions unit subject to an NO, emission limit on a pound per million Btu basis, the emissions shall be determined using the F-factor method according to methods in Method 19 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (16m).

e. Except for an emissions unit subject to subd. 1. or an emissions unit subject to an emission limitation in s. NR 428.22 (1) (a) 1. to 4., an owner or operator of an emissions unit may measureNOx emissions for compliance determination purposes using continuous parametric monitoring methods meeting emissions monitoring specifications in 40 CFR part 75, Appendix E, incorporated by reference in s. NR 484.04 (26m) (cm). 3. 'Periodic emissions performance test.' Except as provided in subd. L, the owner or operator of an emissions unit subject to

s. NR 428.22 (1) (e) to (i) shall conduct an initial performance test and a subsequent performance test every 2 years thereafter,according to the following requirements, as applicable, to determine the emissions unit's NOx emission rate for each fuel fired in the emissions unit. A performance test is not required for a fuel used only for startup or for a fuel constituting less than 1% of the unit's annual fuel consumption.

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 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (15m). b. Except for units specified in subd. 3. c., the initial emissions performance test shall include a determination of the capacity load point of the 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 20 to 30%, 45 to 55%, 70 to 80% and 90 to 100%.

c. The emissions performance tests for emissions units subject to s. NR 428.22 (1) (g) or (h) shall be conducted within 10% of full load operation. 

### NR 428.23

d. The emissions performance test shall determine compliance based on the average of 3 60-minute test runs performed at the capacity load specified in subd. 3. b. or c.

e. An additional performance test shall be conducted according to subd. 3. b. or c. within 90 days of completing an equipment modification or change in fuel which has the potential to increase the NO, emissions concentration or rate. 4. 'Continuous monitoring for an output based standard.' In addition to applicable monitoring and measuring requirements under subd. 2., the owner or operator of an emissions unit subject to an output emission limitation in s. NR 428.22 (1) (d) shall do the following:

a. Install. maintain and operate monitoring equipment for measuring and recording the output on an hourly basis with plus or minus 5% accuracy, in units consistent with the applicable emission limitation. b. Calculate on an hourly basis, the output based emission rate as the hourly mass of NO, emissions determined according to subd. 5. divided by the emissions unit's total output for that hour.5. 'Continuous monitoring of total heat input and mass emissions.' The owner or operator of an emissions unit required to measure total heat input or mass NO,, emissions for requirements of subd. 4., sub. (2) (c) and s. NR 428.25 (1) (b) or (c) shall perform the applicable measurements according to following:

a. Except as allowed in subd. 5. d., install, calibrate, maintain and operate a volumetric flue gas flow monitoring system meetingspecifications in subd. 2. c. The hourly heat input shall be determined using the F-factor and the as fired fuel heat content according to Method 19 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (16m). h. Unless specified in Method 19 of 40 CFR part 60, Appendix A. incorporated by reference in s. NR 484.04 (16m), the heatcontent value for each fuel shall be based on a heat content analysis.

c. The mass of NOx emissions shall be determined on an hourly basis by either multiplying the NOx concentration by the flue gas flow rate corrected for diluent gas and moisture or. by multiplying the monitored hourly average emission rate in mass per mmBtu by the total heat input as determined under subd. 5. a. or b. The calculations of mass emissions are to be performed according to conversion procedures in 40 CFR part 75, Appendix F, incorporated by reference in s. NR 484.04 (26m) (d). d. For a liquid or gaseous fuel fired system, the total heat input and mass of NO5 , emissions may be determined using a fuel flow monitoring system capable of determining the hourly flow with plus or minus 5% accuracy and using continuous parametric monitoring as specified under subd. 2. e. The total heat input shallbe calculated as the total fuel flow multiplied by the fuel heat content. 6. ' General monitoring requirements.' Unless otherwise specified in this subsection, an owner or operator shall meet the following requirements:

a. All certification tests or emissions performance tests shall be performed according to procedures of s. NR 439.07. b. The determination of emission rates, mass emissions and total heat input shall be calculated and corrected to the same basis for flue gas moisture and diluent gases according to Method 19 of 40 CFR part 60, Appendix A, incorporated by reference in s. NR 484.04 (16m), or 40 CFR part 75, Appendix F, incorporated by reference in s. NR 484.04 (26m) (d).

c. For emissions units with a common flue gas stack system,all sampling locations and apportionment of emissions to an individual emissions unit shall conform to applicable procedures andmethods in 40 CFR part 75, Appendix F, incorporated by reference in s. NR 484.04 (26m) (d).

Register August 2009 No. 644NR 428 .23 WISCONSIN ADMINISTRATIVE CODE

7. `Malfunction and abatement.' An owner or operator of an emissions unit subject to the malfunction and abatement plan requirement of s. NR 439.11 shall include a malfunction plan for the emissions monitoring system and a monitoring and operating plan for continuing operation of the emissions unit in a manner consistent with meeting all applicable emission limitations duringany period when the monitoring system malfunctions or is inoperable other than for scheduled maintenance. 8. `Alternate emissions monitoring.' An owner or operator of an emissions unit may request and monitor NOJ1 emissions forcompliance determination purposes using an equivalent alternative method to any requirement of this subsection with written approval of the department and the administrator.9. `Emissions monitoring preference.' a. The owner or operator of an emissions unit that installs and operates a continuous NO,, emissions monitoring system according to the requirementsof 40 CFR part 75 shall satisfy the applicable monitoring requirements of this section. b. The owner or operator of an emissions unit that installs andoperates a continuous NO,, emissions monitoring system according to the requirements of 40 CFR part 60 shall satisfy the applicable monitoring requirements of subd. 3. (2) COMPILATION OF EMISSIONS. An owner or operator shallcompile the measured emissions data in measurement units consistent with the units of the applicable emission limitation according to the following applicable calculation and tabulation methods for purposes of demonstrating compliance: (a) Continuous emissions monitoring. When measuring emissions according to requirements in sub. (1) (b) 1. or 2.: 1. The average emission rate shall be the average of the hourlyaverage emissions obtained from the continuous emissions monitoring system for the hours the emissions unit operated during the averaging period. The calculation is as follows:


### EA=(n)± EH,i Equation 2
where: EA is the average emission rate for the compliance period in units consistent with units of the applicable emission limit EH, j is the hourly average emission rate for each hour, j, for which the emissions unit is operating during the compliance period in units consistent with units of the applicable emission li mit n is the total number of hours the emissions unit operated during the compliance period
2. The 30-day rolling period shall consist of the day of monitoring and the previous 29 consecutive calendar days. A new 30-day rolling average emission rate (EA) shall be calculated and recorded at the end of each day. (b) Emissions performance testing. When measuring emissions according to performance testing requirements of sub. (1) (b) 3., the 30-day rolling average emission rate or concentration shall be the emissions determined in sub. (1) (b) 3. d. for the most recent performance test. (c) Multiple fuel fired emissions units. When measuring emissions for an emissions unit firing multiple fuels, compliance shall be determined according to one of the following methods: 1. The unit' s emissions shall be monitored and compiledaccording to applicable methods in par. (a) or (b) for each individual fuel and compliance demonstrated with the emission limitation for each fuel. 2. The unit's emissions and a multiple fuel emission limit shall be determined on a total heat input fuel weighted basis according to equation 3. A fuel representing less than 1% of the unit' s annual fuel consumption on a heat input basis may be excluded in determining the multiple fuel emission limit. n 

## E E fHIf

P =1 EHIweighted n



# E HIf

f=1 

### 162-10

Equation 3
where: EHIWeighted is the heat input weighted multiple fuel emission rate or emission limitation for the compliance period in units consistent with the units of the emission limitation Ef is the emission rate or emission limit for fuel f during thecompliance period in units consistent with the units of the emission limitation HIf is the total heat input for fuel f during the compliance period n is the number of different fuels used during the compliance period (d) Total heat input and mass emissions. When measuring hourly heat input or mass of NO,, emissions according to sub. (1) (b) 5., the totals over a period of time shall be compiled according to the following procedures: 1. The total hourly heat input shall be summed for the hours the emissions unit operated during the applicable period of time according to equation 4.


## Ht.tat = E HIh

b=1 Equation 4 where: Hltoj is the total heat input by fuel over the period of time Hlh is the heat input by fuel for hour h n is the number of hours over which the specific fuel was burned
2. The total hourly mass of NO, emissions shall be summed for the hours the emissions unit operated during the applicable period of time according to equation 5. 

## NO,, Mass.,= E Mass h

h=1 

### Equation 5
where: NO, Masstoml is the total mass of NO,, emissions over the period of time Massh is the mass of NO,, emissions for hour hn is the number of hours the emissions unit is operating during the specified period of time History: CR 07-016: cr. Register July 2007 No. 619, eff. 8-1-07; CR OS-103: am. (I) (b ) 1., er. (1 ) ( b) 9. Register August 2009 No. 644
, eff. 9-1-09.

NR 428

. 24 Recordkeeping and reporting

. (1) EMISSION LIMITATIONS. The owner or operator of an emissions unit subject to an emission limitation in s. NR 428.22 shall meet the recordkeeping and reporting requirements of this subsection. (a) Recordkeeping. In addition to the recordkeeping requirements of ss. NR 439.04 (1) and (2) and 439.05, the owner or operator shall maintain records of all of the following: 

### 1. The applicable emission limit and calculated heat inputweighted emission limit for an emissions unit demonstrating compliance for multiple fuels. 2. The 30-day rolling average emission rate on a daily basis determined according to s. NR 428.23. 3. The total monthly heat input for each fuel or the emissions unit output, as applicable, in measurement units consistent with the units of the applicable emission limitation.

Register August 2009 No. 644162-11 DEPARTMENT OF NATURAL RESOURCES

4. The emissions unit's annual and ozone season capacity utilization in measurement units consistent with the units of the applicable emission limitation. 5. For the emissions monitoring system required in s. NR 428.23 (1) (b) on an annual and on an ozone season basis, records of performed maintenance, hours of malfunction and necessary repairs, and the percent of hours the monitoring system operated during the emissions unit's operating hours. (b) Reporting. In the reports to the department required under

s. NR 428.25 (1), if applicable, or s. NR 439.03 (1) (b), the owner or operator shall submit the following information: 1. A certification of compliance with the applicable emission li mitation in s. NR 428.22 or identification of the periods of noncompliance, with a quantification of the excess emission rate and the excess mass emissions. 2. For each calendar month, the highest 30-day rolling average emission rate. The emissions data shall be reported in the measurement units of the applicable emission limitation. 3. The emissions unit's annual and ozone season total operating hours, capacity utilization, and the percent operation of any required continuous emissions or combustion monitoring systems during the hours the emissions unit was operating.
(2) GENERAL EXEMPTION UNIT. The owner or operator of an emissions unit claiming exemption under s. NR 428.21 (1), shall record operational parameters necessary to demonstrate the unit's qualification for the exemption status. (2m) RECIPROCATING ENGINES. The owner or operator of an emissions unit claiming exemption under s. NR 428.21 (2m) (a) 2., shall maintain a record of horsepower-hours of operation for each ozone season. Measurement of horsepower-hours may be determined using recorded data which can be directly related to actual horsepower-hours of operation of the engine includingactual total operating hours, fuel consumption, or load and duration measurements. (3) Low OPERATING UNIT. The owner or operator claiming a low operating unit exemption for an emissions unit under s. NR 428.21 (2), shall maintain a record of the unit's applicable fuel heat input or production output, as applicable, the unit's total capacity utilization on an ozone season and on an annual basis foreach calendar year and calculations demonstrating the unit's qualification for the exemption. (4) OTHER REGULATED UNIT. The owner or operator claiming a regulated emissions unit exemption for an emissions unit under

s. NR 428.21 (3), shall maintain a record of all performance tests, calculations, assumptions and methods used to determine the emissions unit's potential emissions. History: CR 07-016: cr. Register July 2007 No. 619. eff. 8-1-07; CR 08-103: am. (1) (b ) ( intro .) Register August 2009 No

. 644, eff

. 9-1-09.

NR 428

. 25 Alternative compliance methods and approaches . (1) EMISSIONS AVERAGING. The owner or operator of an emissions unit may demonstrate compliance with an NOxemission limitation in s. NR 428.22 by participating in an emissions rate averaging program according-to the general provisions of par. (a) and either the specifications for facility wide averaging in par. (b) or for multi-facility averaging in par. (c). (a) General provisions. 1. `Participating units.' a The participation of an emissions unit in an emissions averaging program shall be designated for each calendar year. Individual emissions units may not be withdrawn from an averaging program during acalendar year, unless each emissions unit in the averaging program meets its applicable emission limit in s. NR 428.22. b. If an emissions unit at a facility participates in an averaging program, all similar units at the facility shall be included in the averaging program unless the unit is complying with an emission li mit in s. NR 428.22 or is participating in another emissions averaging program under this subsection. Similar units at a facility are 

### NR 428.25

those which serve a similar process or purpose and which are described by the same general source category under s. NR 428.22 without regard to fuel type or unit size threshold.

c. An emissions unit for which the department has approved an alternative emission limit or compliance schedule under sub. (3) may not participate in an emissions averaging program under this subsection for the purpose of demonstrating compliance with the approved alternative emission limitation or compliance schedule. 2. ` Monitoring requirement.' The owner or operator of an emissions unit participating in an emissions averaging programshall monitor all necessary NO,, emissions, as applicable, according to requirements of s. NR 428.23 (1) (b) 1. or 2. The total heat input and NO,, mass emissions shall be monitored and measured according to s. NR 428.23 (1) (b) 5. and compiled according to s. NR 428.23 (2) (d). 3. `New units'. An emissions unit which begins operation onor after August 1, 2007 may not participate in an emissions averaging program under this subsection. 4. `Emission reductions.' For purposes of this subsection, only emission reductions which go beyond all state and federal requirements are considered excess emission reductions. (b) Facility averaging. An owner or operator may average emissions from emissions units at one facility by complying with the following procedures for demonstrating compliance on anannual and on an ozone season basis with an aggregate NO5 emission limit and mass emissions cap: 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:

a. The participating emissions units. 

### b. The owner or operator of each emissions unit.

c. For a unit subject to s. NR 428.22, the applicable emission li mitation. d. For a participating emissions unit not subject to s. NR428.22, the average emission rate by fuel type over the unit's normal operating range determined according to methods of s. NR 428.23 (1) (b) 3. The tested average emission rate may be adjusted based on a heat input weighted average of the emissions unit's annual percent operation at different load points in the previous calendar year.

e. For averaging programs effective on or after January 1, 2013, for each emissions unit, the annual and ozone season heat input for 2000 to 2005. and the annual and ozone season average of the 3 years of highest annual heat input for 2000 to 2005. f. For averaging programs effective on or after January 1, 2013, an annual and ozone season NO,, mass emissions cap in aggregate for the emissions units in the averaging program. The mass emissions caps shall be the summation of the products for each emissions unit of the emission limitation in subd. 1. c. or the average emission rate in subd. 1. d. and the 3-year average annualor ozone season heat input. The mass emission cap shall be calculated as follows:

n k 

## MC=Y_ Y_ E1HIj

i =1 j=1 Equation 6 where: MC is either the annual mass emissions cap or the ozone

### season mass emissions cap in tons of NOx for all units participating in the averaging program Ej is the applicable emission limitation for fuel j submitted in subd. 1. c. or the average emission rate in subd. 1. d.

Register August 2009 No. 644NR 428 .25 WISCONSIN ADMINISTRATIVE CODE 162-12

HIj is either the average annual or ozone season heat input for fuel j, submitted in subd. 1. e., for the 3 years of highest heat input from 2000 to 2005 k is the number of fuels fired by a unit either during the year or during the ozone season

### n is the number of units participating in the averaging program 2. 'Implementation.' The department shall review the proposed averaging program provided in the notification and unlessthe 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.
3. 'Compliance demonstration.' The owner or operator ofemissions units participating in the averaging program shall submit a compliance report containing the following information by March 1 of the calendar year following the averaging program
year:

a. The annual and ozone season actual heat input by fuel type for each emissions unit in the averaging program. 

### b. The annual and ozone season actual NO,, mass emissions for each emissions unit.

c. The annual and ozone season actual average NO, emission rate for each emissions unit calculated as follows: 

## _ NO,, Mass 

## ER agg n



## E HIi

j =1 

### Equation 7
where: ERa„g is the annual or ozone season average emission rate for each emissions unit NO, Mass is the total NO,, mass emissions for the averaging period HIj is the heat input for fuel type j for the averaging period n is the number of fuels fired during the averaging period
d. The annual and ozone season actual NO, mass emissions and heat input in aggregate for all emissions units.

e. The annual and ozone season actual aggregate NO,, emission rate for all emissions units. This emission rate is the summation of the total mass of NO,, emissions for all emissions unitsdivided by the total heat input for all emissions units and is calculated as follows:

n



## I NO. Mass.
ER =u=1 

## aggr n



## IHI,,

u=1 Equation 8.
where: ERaggr is the emission rate in aggregate for all emissions 

### units on an annual or ozone season basis NOx Masse is the total NO,, mass emissions for emissions unit u, for the averaging period 

### HIa is the total heat input for each emissions unit u, for the averaging period n is the number of emissions units participating in averaging
f. The annual and ozone season aggregate emission limitationfor all emissions units. These emission limitations are the summation of the product of each unit's actual heat input and emission li mitation by fuel type divided by the summation of the actual heat input for all emissions units. The aggregate emission limitations shall be calculated as follows:



# E ( E HIfELf

u=1 f=1 

## ELaggr n



## E HIn

u=1 

### Equation 9
where: ELaggr is the aggregate emission limit for all emissions units 

### on an annual or ozone season basis Hif is the heat input for fuel f, for unit u ELf is the emission limit for fuel f, for unit uHI„ is the total heat input for emissions unit u, for the averaging period n is the number of emissions units participating in averaging j is the number of fuels for unit u

g. Compliance on an annual and ozone season basis is demon= strated if the aggregate emission rate required in subd. 3. e. is less than the aggregate emission limit required in subd. 3. f., and the NO,, mass emissions required in suhd. 3. b, is less than the mass emissions cap required in subd. 1. f. 4. `Heat input conversion.' For an emissions unit subject to emission limitations expressed in units other than heat input, the emission limitation shall he 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).5. `Mass emissions cap exceedance.' If the total NO,, 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 NO,,reductions to compensate for the excess emissions within 3 calendar years after the averaging year with the exceedance. (c) Multi facility average. An owner or operator may averageemissions from emissions units at multiple facilities by complying with the following procedures for demonstrating complianceon an annual and ozone season basis with an aggregate NOx emission limitation: 1. `Notification.' The owner or operator shall submit to the department a notification of an NO,, emissions averaging program by October 1 of the year prior to the emissions averaging year. The notification shall include the following information:

a. The participating emissions units. b. The owner or operator of each emissions unit.



### c. The applicable emission limitation in s. NR 428.22 for each emissions unit.
d. The projected heat input, capacity utilization, NO,, emission rate and total NO, mass emissions for each emissions unit on an annual and ozone season basis.



### e. The projected heat input, capacity utilization, NO, emission rate and total NO,, mass emissions in aggregate for all emissions units participating in the averaging program.2. `Implementation.' The department shall review the proposed averaging program provided in the notification and unlessthe 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. 3. `Public notice.' 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

Register August 2009 No. 644

### 162-13 DEPARTMENT OF NATURAL RESOURCES

in newspapers of general circulation for the areas of the emissions units. 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 suhd. 1.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 theproposed averaging program participated in prior averaging programs under this subsection and whether that participation resulted in a violation of the emission limits.4. `Compliance demonstration.' The owner or operator participating in an averaging program shall submit a compliancereport containing the following information by March I of the calendar year following the averaging program year:

a. The annual and ozone season actual heat input for each emissions unit. b. The annual and ozone season actual NO,, mass emissions for each emissions unit.

c. The annual and ozone season actual average NO,, emission rate for each emissions unit calculated using equation 7 in par. (b) 3. c. d. The annual and ozone season actual NOX mass emissions and heat input in aggregate for all emissions units.

e. The annual and ozone season aggregate NO., emission rate for all emissions units calculated using equation 8 in par. (b) 3. e. f. The annual and ozone season aggregate emission limitationfor all emissions units. These emission limitations are the summation of the product of the each unit's actual heat input and emission li mitation 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:

n 

## I HIuELJ

ELdggr u=1n 

## x (1 EBF)

I HIa

u=1 

### Equation 10 where: ELaggr is the aggregate emission limit in aggregate for all emissions units on an annual or ozone season basis

### HI„ is the heat input for each emissions unit, u, for the specified period of time EL„ is the emission limit for each emissions unit, u. For emission limitations in units other than heat input, the emission li mitations 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% forthe annual emission limit and 10% for the ozone season emission limit. Prior to this date the EBF is 0%.
g. A demonstration of compliance on an annual and ozone season basis. consisting of the aggregate emission rates undersubd. 4. e. compared to the aggregate emission limitations calculated in subd. 4. f. (d) Violations and penalties. 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. 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. 3. Except for those periods of time for which the department grants an electric or steam utility reliability waiver under s. NR 

### NR 428.26

428.26 to the emissions units exceeding the applicable aggregateaverage emission limitation, the department shall require the owners or operators of the emissions units in the program to achievereductions 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. 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 oroperators of the emissions units in the averaging plan shall evaluate the emissions and operating data for any period of noncompliance to determine which units are responsible for the noncompliance event. The information used in this evaluation shallbe made available to the department within 30 days of the discovery of a non-compliance event. 5. The parameters required in the notice under par. (c) 1. d. shall constitute annual and ozone season alternative compliance li mits 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. (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 NO), emission reductions achieved by theemissions unit in complying with the CAIR requirements constitute compliance with the NO,, RACT emission limitation requirements of this subchapter. (3) ALTERNATIVE RACT REQUIREMENT. (a) The owner or operator of an emissions unit may request that the department establishan 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. (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: 1. By May 1, 2008 for an emissions unit subject to a compliance date of May 1, 2009. 2. By May 1, 2011 for an emissions unit subject to a compliance date of May 1, 2013. 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. (c) Any request for an alternative RACT requirement madeunder this subsection shall be subject to the requirements and procedures of s. NR 436.05 and written approval of the administrator. History : 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
, ef.9-1-09.

NR 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 toan emission limitation in s. NR 428.22 may request that the department grant a waiver from meeting the emission limitation for aspecific period of time based on the following criteria and procedures: (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. 

### (2) A waiver request may only be based on an unavoidable or unforeseeable event including: (a) A major electric supply event affecting the utility. (b) A major fuel supply disruption affecting the utility.

Register August 2009 No. 644

### NR 428.26 WISCONSIN ADMINISTRATIVE CODE 162-14

(c) A disruption in the operation of a generating unit or pollution control equipment. (3) The owner or operator of a utility shall submit a writtenrequest 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: (a) The duration of the conditions warranting the waiver. 

### (b) The specific measures taken to mitigate emissions during the duration for which the waiver is requested. (c) The reasons why the utility was unable to achieve compliance with the emission requirement. 

### (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). (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. (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. History: CR 07-016: cr. Register July 2007 No. 619, eff. 8-1-07.

Register August 2009 No. 644