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

implementation 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

wisconsin.gov Through Excellent Customer Service Printed on

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 incorporated 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., Administrative 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 certification that public hearings were 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 into 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 requirements 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 source subject to NOx RACT rules in the moderate 

nonattainment areas 

2) Non-substantive changes related to clarification and implementation issues related to ch. NR 

428. 

Applicability 

USEPA Question USEPA Requirement State Response 

What sources are being regulated? 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 NOx 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 NOx limits when the 

modification is made solely to comply 

with existing source NOx 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 time 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 NOx 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 NOx 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 There 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 revision 
Form 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 affecting 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 NOx Reasonably Available Control Technology 

(RACT) requirements adopted by the Natural Resources Board 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 this 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 consistent 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 which 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 sources in the ozone non-attainment counties of Kenosha, 

Manitowoc, Milwaukee, Ozaukee, Racine, 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. Eckdale - 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'implemertatbn 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, Bureau 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 ge

proposed revisions address two areas : 1) required modifications to the NOx

m to meet minimum criteria for conditional Federal approval of the program

Implementation Plan (SIP); and 2) revisions identified by the department and

during 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 jor 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 under

ions 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 clarify 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-prog^ 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^^ggh 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 significant 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 quirements.

is

process of developing NOx RACT .rules. Ohio, Indiana, and Mlg(tipsn are

r applicable 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 adArlene 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 County, 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., 

interpreting 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 sources in the ozone nonattainment area in southeastern Wisconsin. 

The proposed revisions relate to issues for State Implementation Plan approvability and miscellaneous 

implementation issues. The State Implementation Plan developed under s. 285.11(6), Stats., is revised. 

NOTICE IS HEREBY FURTHER GIVEN that the hearing 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 hearing 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 collection 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, including the fiscal estimate may be viewed and 

downloaded 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 may 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 electronically 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, Madison, WI 53707 or by calling (608) 266-2856. 

 NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., it is not anticipated 

that the proposed rule will have an economic impact 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 current provisions of ch. NR 428 established nitrogen oxide emission limits 

for new and existing facilities which are located in ozone nonattainment counties. The primary intent of 

these provisions is to fulfill Clean Air Act (CAA) requirements for demonstrating rate-of-progress towards 

attaining the 1-hour ozone standard and establishment of a Reasonably Available Control Technology 

(RACT) program for major sources of nitrogen oxide emissions (NOx) 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 RACT program to meet minimum criteria for conditional 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, NOx RACT requirements are applicable to facilities which have potential NOx

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 requires that the term "potential 

emissions", used in identifying major sources, be defined as the amount of NOx 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 incorporate a definition of "maximum theoretical 

emissions" in identifying which sources are subject to NOx 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 rule 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 NOx RACT rule identifies electric utility owned 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 NOx RACT rule allows sources to apply for an alternative emission limit or 

compliance schedule. However, the applications 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 NOx 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 averaging program for purposes of demonstrating 

compliance with an alternative emission limit of compliance schedule. 

• The new source NOx 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 NOx limits when the 

modification is made solely to comply with existing NOx control requirements. 

• Several revisions allow sources subject to monitoring and reporting requirements under different 

provisions in ch. NR 428 to satisfy all requirements 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 costly continuous emissions monitoring. 

• A number of miscellaneous revisions are proposed to clarify monitoring requirements and 

deadlines. 

• The NOx 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 NOx 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 NOx emissions (NOx RACT). 

Since there are no direct federal emission limitations, states must meet these requirements through 

development of control requirements and adoption of them into the State Implementation Plan. Many 

states have NOx 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 NOx emissions for similar sources and to similar 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, federal engine standards, the Acid Rain program, the 

NOx State SIP Call and various source specific consent decrees. 

Comparison with similar rules in adjacent states (Illinois, Iowa, Michigan and Minnesota): The 

need to implement NOx emission control requirements in adjacent states differ based on ozone nonattainment designations and the resulting applicable federal requirements. Illinois is in the process of 

developing NOx RACT rules. Ohio, Indiana, and Michigan 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 NOx 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. 

Summary of factual data and analytical methodologies used and how any related findings 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 revisions address 

implementation issues and the need for clarifications by the Department 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 are applicable to large industrial or electric generation sources. Based on 

the limited nature of the proposed changes to the existing 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 environmental 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 the 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 (NOx) 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), Stats., 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 (NOx) 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 standard and applying reasonably available control 

technology (RACT) to major sources of NOx 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) incorporating 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 NOx 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 NOx 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 NOx 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 original 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 sources 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 NOx limits when the modification is made 

solely to comply with existing NOx 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 NOx emissions through combustion 

optimization techniques described in s. NR 439.096. 

6. Summary of, and comparison with, existing or proposed federal regulation:

The NOx 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 NOx emissions for the 

8-hour ozone standard. Since there is no direct federal emission limitation for NOx RACT, states must 

meet these requirements through rule adoption and approval by the US EPA to the State Implementation 

Plan. Many states have NOx emission control requirements in place or are in the process of evaluating 

and developing necessary rules to meet federal ozone non-attainment requirements. 

The US EPA regulates NOx emissions for similar sources and to similar control levels as those contained 

in ch. NR 428. These regulations include new source performance standards, new source review and 

prevention of significant deterioration requirements, federal engine standards, the Acid Rain program, the 

NOx 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 NOx 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 NOx 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 NOx 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 revisions address implementation issues and the need for 

clarifications identified by the Department 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 industrial 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 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, and upon 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 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 this section, any increase in CO emissions resulting 

from the operation of the emissions unit, or operation of NOx emissions control equipment for purposes of 

meeting state or federal NOx emission requirements, will not be considered in the emissions calculations.

(3)(b) Specific requirements. The owner or operator of each NOx emissions unit subject to the 

requirements of sub. (2) shall determine the annual unit's average NOx 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 NOx 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 NOx emissions unit subject to the requirements of subch. I shall comply with the 
5 

monitoring and reporting requirements of this subchapter. 

(1)(a) By the dates listed in sub. (2), the The owner or operator of an NOx 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)1. Install all monitoring systems required under this subchapter s. NR 428.08 for monitoring 

NOx mass emissions. This includes all systems required to monitor NOx emission rate, NOx 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 

NOx emissions unit under sub. (2)(b) or (c) shall determine, record and report NOx mass emissions, heat 

input, if required for purposes of compliance, and any other values required to determine NOx mass

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 unit starts operating until all required 

certification tests are successfully completed. 

(4)(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 thereby 

avoid monitoring and recording NOx 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 NOx and heat input for the purpose of 

calculating NOx 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 emissions unit that installs and operates a continuous 

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

of this subsection. 

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 NOx 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 NOx emissions unit that is also subject to an emission limitation in s. 

NR 428.22 may satisfy the NOx emissions monitoring and reporting requirements of this subchapter by 

meeting the applicable NOx emissions monitoring requirements in s. NR 428.23(1)(b) and (2) and the 

recordkeeping and reporting requirements in s. NR 428.24(1). 

 (2) NON-RACT EMISSIONS UNITS. The owner or operator of an NOx emissions unit subject to 

an emission limitation in s. NR 428.04(2) or 428.05(3) may satisfy the NOx emissions monitoring and 
7 

reporting requirements of this subchapter by meeting, as applicable by source type, the NOx emissions 

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

in s. NR 428.24(1). 

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 NOX emissions unit which is in a source category 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 NOX

emissions units of 100 tons per year or more of NOX and which is in the county of Kenosha, Milwaukee, 

Ozaukee, Racine, Sheboygan, Washington or Waukesha. 

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 mmBtu 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 shall 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 provisions of 40 CFR part 97 shall demonstrate 
8 

compliance with the following interim NOx 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: 

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 NOX emissions for requirements of this subsection by installing and operating monitoring 

equipment and measuring and recording NOX emissions data according to methods and specifications

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), 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 NOx 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 NOx emissions monitoring system according to the 

requirements of 40 CFR part 75 shall satisfy the applicable monitoring requirements of this section. 

 b. The owner or operator of an emissions unit that installs and operates a continuous NOx

emissions monitoring system according to the requirements of 40 CFR part 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 participate in an emissions averaging program under this 

subsection for the purpose of demonstrating compliance with the approved alternative emission limitation 

or compliance schedule. 

(3)(b) The owner or operator of the emissions unit shall submit the request with the 

demonstration for an alternative RACT requirement by the later of May 1, 2008 or by May 1 following 

the calendar year in which an emissions unit 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 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.

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 approved 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 

modification of Reasonably Available Control Technology for NOx sources. 

Introduction

In 2000, the Natural Resources Board adopted ch. NR 428, "Control of Nitrogen Compound Emissions" 

to meet rate of progress requirements in ozone non-attainment areas. These initial requirements consisted 

of new and existing stationary source NOx emission limitations. In April and May 2007, the Natural 

Resources Board adopted revisions to ch. NR 428, establishing NOx 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 approval 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 NOx RACT. The term PTE is not consistent with 

EPA’s criteria for approving RACT rules, is not consistent with the state's VOC RACT rules, nor is it 

consistent with the NOx RACT rule's original intent. For these reasons, the Department is proposing to 

define the term "maximum theoretical emissions" (MTE) for use in determining major sources subject to 

NOx RACT requirements. 

In addition, a number of non-substantive revisions are being proposed 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 NOx 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 pollutant1

. 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 prior to approving those rules into the state 

implementation plan for ozone non-attainment purposes2

. 

 

1 USEPA, May 1988; Issues Relating to VOC Regulation, Cutpoints, Deficiencies, and Deviations. Ozone/Carbon 

Monoxide Program Branch, Air Quality Management Division, 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 NOx

RACT. EPA has indicated the current NOx 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 issue, the Department is proposing to define the term 

"maximum theoretical emissions" (MTE) and use it in place of PTE in the NOx RACT applicability 

statement. This change will facilitate EPA’s approval 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 MTE definition in the applicability statement of the 

NOx RACT program will not result in any additional controls for emissions units. 

Clarification and Implementation Issues

There are a number of revisions proposed in the rule package to address clarification 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 those individual emissions units subject to emission 

requirements. These revisions include: 

• The existing NOx RACT rule identifies electric utility owned 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 identify the appropriate emissions units. 

• The existing NOx 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 NOx 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 NOx 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

NOx limits when the modification is made solely to comply with existing NOx control 

requirements. 

• The Department made several revisions to the proposed rule to allow certain sources to 

demonstrate compliance through periodic stack testing instead of more costly continuous 

emissions monitoring. 

• A number of miscellaneous revisions are proposed to clarify monitoring requirements and 

deadlines. 

• The NOx emission limits in s. NR 428.05 are intended 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 remove the reference to "modified" sources to clarify this intent. 

• 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 
3

does not apply. Instead, the source is required to minimize NOx 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 public hearing in Milwaukee, Wisconsin. Three 

persons appeared at the public hearing and one person 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 Department has also been in discussion with Saint 

Gobain related to compliance demonstration requirements applicable to their glass manufacturing 

furnaces. The substantive comments and issues and associated Department responses are as follows: 

Identification of Major Sources

Responses to specific issues raised by WMC are as follows: 

Comment-WMC: The Wisconsin Manufacturers and Commerce (WMC) association provided comment 

related to incorporating the term "Maximum Theoretical Emissions" (MTE) in place of "Potential to 

Emit" (PTE) currently used in the NOx 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 made to the initially proposed 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 controls 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 implementing 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 basis3

; i.e. theoretical potential emissions must discount the 

operation of control devices. 

WMC cites 40 C.F.R. Sec. 52.21(b)(4) in identifying 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 apply for purposes of determining applicability of 

RACT. 

WMC Comment: DNR has offered no instances where EPA has articulated 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 Division, 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 Wisconsin's VOC RACT rules to the state implementation 

plan.4

 The Department addressed this issue by incorporating an appropriate definition and use of the term 

"maximum theoretical emissions" (MTE). This requirement also applies to NOx RACT and therefore the 

same corrective action is proposed by this rule revision. 

WMC Comment: There is no Clean Air Act requirement to incorporate the term or concept of “maximum 

theoretical emissions". 

Response: The Clean Air Act 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 defining and using the term "maximum theoretical 

emissions" consistent with EPA’s criteria for identifying 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 Energies 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 alternative requirement, and which streamline compliance 

demonstration requirements. 

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

Glass furnaces: Saint Gobain is a container glass manufacturer in the ozone non-attainment area. The 

current emission limitation for glass furnaces expressed in pounds of NOx 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 furnace production levels the 

source may have to keep glass production higher than necessary solely to generate a compliant emission 

rate. 

Response: The Department agrees that the form of the emission limitation is not appropriate for the 

periods when glass production is below 25% of furnace glass production capacity. The Department 

revised the rule as follows: Below the 25% production threshold, owners of glass furnaces are required to 

monitor and minimize NOx emissions through combustion optimization techniques described in s. NR 

439.096. This approach reduces NOx emissions to the lowest levels practical during periods of 

maintenance or furnace idling. The 25% threshold 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 NOx emissions in the ozone non-attainment 

counties in southeast Wisconsin. The development 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 industrial or electric generation sources. Based on the 

limited nature of the proposed changes to the existing 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 emit

nitrogen 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 in

MWe-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 equivalent

units 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, and

upon 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 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.

(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 the

material being heated is in direct contact with the products of combustion, such as furnaces or kilns, any unfired waste heat recovery

heater 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. 644
NR 428.03 WISCONSIN ADMINISTRATIVE CODE 162 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. When

determining 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 50

million 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 permit

nitrogen 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 permit

nitrogen 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. Except

as 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, allow

or 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 compliance

by 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 other

submissions 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 complete

a 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 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%.

4. Cement kilns, lime kilns and calciners 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%.

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 to

a 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 perform

monitoring sufficient to determine compliance with the requirements of this subsection. The monitoring required under this paragraph shall be either continuous monitoring of NO, emissions or

periodic 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 per

hour 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. 644
NR 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 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 of

heat 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 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 0.12 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 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 0.20 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 after

December 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 output

of 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 emitted

during 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's

average 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 other

submissions 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) or

428.05 (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

limit 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 limit

for 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 averaging

plan shall establish an ozone season aggregate mass NOx emisN 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

limitation 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 NOx

emissions 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 million

Btu 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. 644
NR 428.06 WISCONSIN ADMINISTRATIVE CODE 162-4 ,10

aggregate mass NO,, emissions limitation 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 limitation 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 season

NO, emission rate exceeds the emissions averaging plan's emission rate limitation or the aggregate mass NOx emissions for the

ozone season exceeds the plan's aggregate mass NOx emissions

limitation for the ozone season.

2. Each emissions unit is considered in violation for each day

of 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 emissions

were 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 unit

subject 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 with

the 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 unit

starts 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 thereby

avoid 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 75.10

for an NO5-diluent continuous emission monitoring system, consisting of an NO,, pollutant concentration monitor, an 02- or

C02-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 diluent

monitor, or NOX mass emissions in tons, i.e., if the NOX concentration monitoring system or diluent monitor measures on a different

moisture basis from the flow rate monitor, the owner or operator

of 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 turbine

that, based on information submitted in the monitoring plan, qualifies as a gaseous fuel-fired or oil-fired unit but not as a peaking

unit, as defined in 40 CFR 72.2, shall do one of the following:

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 part

75, 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 hourly

heat input and the procedures specified in 40 CFR part 75 Appendix E. incorporated by reference in s. NR 484.04 (27), for estimating the hourly NOX emission rate. In addition, if after certification

of an excepted monitoring system under 40 CFR part 75 Appendix

E, a unit's operations exceed a capacity factor of 20.0% in any calendar year or exceed a capacity factor of 10.0% averaged over 3

years, the owner or operator shall meet the requirements of par. (c)

or, if applicable, par. (e), by. no later than December 31 of the following calendar year.

(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 60.13

for an NO. ,-diluent continuous emission monitoring system, consisting of an NO,, pollutant concentration monitor, an 02- or

C02-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 diluent

monitor, 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 turbine

that, based on information submitted in the monitoring plan, qualifies as a gaseous fuel-fired or oil-fired unit but not as a peaking

unit, as defined in 40 CFR 72.2, shall do one of the following:

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 use

the procedures specified in Appendix D to 40 CFR part 75, incorporated by reference in s. NR 484.04 (27). for determining hourly

heat input.

(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 hourly

heat input and the procedures specified in 40 CFR part 75 Appendix E, incorporated by reference in s. NR 484.04 (27), for estimating hourly NOX emission rate. In addition, if after certification of

an excepted monitoring system under 40 CFR part 75 Appendix

E, a unit's operations exceed a capacity factor of 20.0% in any calendar year or exceed a capacity factor of 10.0% averaged over 3

years, the owner or operator shall meet the requirements of par. (c)

or, if applicable, par. (e), by no later than December 31 of the following calendar year.

(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 and

operates 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 December

31, 2002, the calendar quarter in which the unit commences operation. Data shall be reported from the date and hour corresponding

to when the unit commenced operation.

(2) UNITS NOT SUBJECT TO AN ACID RAIN EMISSION LIMITATION.

If an NO,, emissions unit is not subject to an acid rain emission

limitation, 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 December

31, 2002, the calendar quarter in which the unit commences operation. Data shall be reported from the date and hour corresponding

to when the unit commenced operation.

(3) DEADLINES FOR SUBMrrrALs. The owner or operator of an

NOX emissions source shall submit each quarterly report to the

department within 30 days following the end of the calendar quarter covered by the report according to the following schedule:

(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 an

NOx emissions source shall submit to the department a compliance certification in support of each quarterly report based on

reasonable inquiry of those persons with primary responsibility

for ensuring that all of the unit's emissions are correctly and fully

monitored. The certification shall state the following:

(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 within

the 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 under

this 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

limitation 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. NR

428.04 (2) or 428.05 (3) may satisfy the NO5 , emissions monitoring and reporting requirements of this subchapter by meeting, as

applicable 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 with

combined total maximum theoretical emissions for all NOX emissions units of 100 tons per year or more of NOX and which is in

the county of Kenosha, Milwaukee, Ozaukee, Racine, Sheboygan, Washington or Waukesha.

(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 emissions

units described in this section are exempt from the emission limitation requirements of s. NR 428.22, but shall comply with applicable record keeping requirements under s. NR 428.24. Once an

emissions unit no longer qualifies for an exemption, the owner or

operator of the emissions unit shall comply with the requirements

of s. NR 428.22 by December 31 of the following calendar year,

unless an alternate date is approved in writing by the department

and the administrator.

(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 500

hours per year and no more than 200 hours during the ozone season and whose only purpose is to provide electricity to a facility

if normal electricity service is interrupted or to replace normal

critical operations at a facility.

(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 the

3-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 utilization

threshold for the source category according to the following equation:

UUi < (Category capacity ) x (3,672 hours / Ozone Season )

x Capacity Factor Equation 1

where:

UUi is the unit's actual fuel consumption or output in measurement units consistent with the calculated utilization threshold for the source category in s. NR 428.22

Category capacity is the lower value in the range of unit

capacity or design output used to describe the unit's source

category i in s. NR 428.22

Capacity factor is 0.20 for all source categories in s. NR

428.22

(2m) RECIPROCATING ENGINES. Any reciprocating engine that

is certified to meet the applicable federal non-road engine emission standards specified in this subsection is exempt from the

emission limitations of s. NR 428.22 (1) (i):

(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) Glassfurnaces. 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 combined

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 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 a

maximum design power output equal to or greater than 10 megawatts, 35 parts per million dry volume.

(i) Reciprocating engines. For a reciprocating engine with a

maximum 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 the

installation 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. 644
162-9 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 02

or 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 CFR

60.13, 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 measure

NOx 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 meeting

specifications 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 heat

content 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 shall

be 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 and

methods in 40 CFR part 75, Appendix F, incorporated by reference in s. NR 484.04 (26m) (d).

Register August 2009 No. 644
NR 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 during

any 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 for

compliance 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 requirements

of 40 CFR part 75 shall satisfy the applicable monitoring requirements of this section.

b. The owner or operator of an emissions unit that installs and

operates 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 shall

compile 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 hourly

average 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

limit

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 compiled

according 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 the

compliance 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 h

n 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 input

weighted 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. 644
162-11 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

limitation 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 including

actual 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 for

each 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 NOx

emission 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 a

calendar 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

limit 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 program

shall 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 on

or 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 an

annual 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

limitation.

d. For a participating emissions unit not subject to s. NR

428.22, 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 annual

or 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. 644
NR 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 unless

the department, within 30 days of receiving the proposed averaging program, requests additional information or revisions to the

program, the owner or operator shall comply with the submitted

emissions averaging program.

3. 'Compliance demonstration.' The owner or operator of

emissions 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

ERagg

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 units

divided 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 limitation

for all emissions units. These emission limitations are the summation of the product of each unit's actual heat input and emission

limitation 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 u

HI„ 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 average

emissions from emissions units at multiple facilities by complying with the following procedures for demonstrating compliance

on an annual and ozone season basis with an aggregate NOx emission limitation:

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 unless

the department, within 30 days of receiving the proposed averaging program, requests additional information or revisions to the

program, the owner or operator shall comply with the submitted

emissions averaging program.

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 the

proposed 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 compliance

report 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 limitation

for all emissions units. These emission limitations are the summation of the product of the each unit's actual heat input and emission

limitation divided by the summed actual heat input for all emissions units less an averaging program environmental benefit factor. The aggregate emission limitations are calculated as follows:

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

limitations shall be converted to a heat input basis according to

par. (b) 4.

EBF is the environmental benefit factor. For averaging programs effective on or after January 1, 2013, the EBF is 10% for

the annual emission limit and 10% for the ozone season emission limit. Prior to this date the EBF is 0%.

g. A demonstration of compliance on an annual and ozone

season basis. consisting of the aggregate emission rates under

subd. 4. e. compared to the aggregate emission limitations calculated in subd. 4. f.

(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 aggregate

average emission limitation, the department shall require the owners or operators of the emissions units in the program to achieve

reductions equivalent to the amount of the exceedance. The additional emission reductions shall be achieved within the subsequent 3 years on an annual or ozone season basis, consistent with

the period of the exceedance.

4. All owners or operators of emissions units considered out

of compliance with an averaging program emission limitation are

liable for each violation and subject to enforcement and penalty

provisions under ss. 285.83 and 285.87, Stats. The owners or

operators of the emissions units in the averaging plan shall evaluate the emissions and operating data for any period of noncompliance to determine which units are responsible for the noncompliance event. The information used in this evaluation shall

be made available to the department within 30 days of the discovery of a non-compliance event.

5. The parameters required in the notice under par. (c) 1. d.

shall constitute annual and ozone season alternative compliance

limits for each unit participating in a multi-facility averaging program under par. (c). If compliance is demonstrated under par. (c)

4. g., all emissions units in the averaging program shall be deemed

to be in compliance with the alternative compliance limits.

(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 the

emissions 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 establish

an alternative emission limitation or alternative compliance deadline to the requirements in s. NR 428.22 if the owner or operator

demonstrates that it is economically or technically infeasible to

meet the requirement.

(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 made

under 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 to

an emission limitation in s. NR 428.22 may request that the department grant a waiver from meeting the emission limitation for a

specific period of time based on the following criteria and procedures:

(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 written

request for a waiver that provides information sufficient to demonstrate to the department's satisfaction that granting the waiver

is warranted. The request shall include the following:

(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