reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 428 - Control Of Nitrogen Compound Emissions › Section NR 428.01 - Applicability; purpose

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 428 - Control Of Nitrogen Compound Emissions › Section NR 428.02 - Definitions

Current through June 24, 2024
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.
(1m) "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 b asis 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.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 428 - Control Of Nitrogen Compound Emissions › Section NR 428.03 - General limitations

Current through June 24, 2024
No person may cause, allow or permit nitrogen oxides or
			  nitrogen compounds to be emitted to the ambient air which substantially
			  contribute to the exceeding of an air standard or cause air
			  pollution.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 428 - Control Of Nitrogen Compound Emissions › Subchapter I - NOx Emissions Performance Program General Provisions › Section NR 428.04 - Requirements and performance standards for new or modified sources

Current through June 24, 2024
(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 x emissions control
				  equipment for purposes of meeting state or federal NO x emission requirements,
				  will not be considered in the emissions calculations.
(2) PERFORMANCE STANDARDS.
(a)
Boilers
.
1. Solid fuel-fired 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.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 428 - Control Of Nitrogen Compound Emissions › Subchapter I - NOx Emissions Performance Program General Provisions › Section NR 428.055 - Alternatives

Current through June 24, 2024
(1) ALTERNATIVE AUTHORITY. The owner or
				  operator of a NOx emissions source may submit a request to the department
				  requesting approval to establish an alternative site-specific emission
				  limitation to one or more of the requirements under s.
				  NR
				  428.04 or
				  428.05.
				  The owner or operator shall demonstrate that compliance with requirements under
				  s.
				  NR
				  428.04 or
				  428.05
				  are technologically or economically infeasible. Application for an alternative
				  to any emission limitation under this subchapter does not become effective
				  until approved by the department and the administrator as a site-specific SIP
				  revision and shall be subject to requirements under subs. (2) to (5).
(2) ALTERNATIVE CRITERIA. The department may
				  not approve an alternative site-specific emission limitation under sub. (1)
				  unless:
(a) The alternative will not delay
				  attainment or prevent maintenance of any ambient air quality standard, as
				  determined by methods acceptable to the department.
(b) The owner or operator of the air
				  contaminant source for which an alternative is requested demonstrates that all
				  other direct or portable sources that it owns or operates in the state are in
				  compliance with all applicable requirements under chs.
				  NR
				  400 to
				  499 or are on a schedule for
				  compliance with the requirements.
(c) The owner or operator submits to the
				  department information concerning the conditions or special circumstances that
				  demonstrate, to the department's satisfaction, that the applicable requirements
				  from which variance is sought are technologically or economically infeasible.
				  In addition, all of the following conditions are applicable:
1. The owner or operator shall submit
				  proposed emission limitations to the department in writing.
2. The responsible official shall sign the
				  request for alternatives on behalf of the owner or operator.
3. The owner or operator shall submit other
				  relevant information as required by the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 428 - Control Of Nitrogen Compound Emissions › Subchapter II - NOx Emissions Performance Program Compliance Provisions › Section NR 428.06 - Determination of compliance

Current through June 24, 2024
(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 NOx 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 NOx
			  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
			  NOx emissions averaging program under this subchapter
			  may not be used for demonstrating compliance by an emissions unit with an
			  NOx 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.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 428 - Control Of Nitrogen Compound Emissions › Subchapter III - NOx Emissions Performance Program Monitoring And Reporting Provisions › Section NR 428.07 - General requirements

Current through June 24, 2024
Except as provided in s.
					 NR
					 428.12, the owner or operator of an NO
					 x emissions unit subject to the requirements of subch. I shall
					 comply with the monitoring and reporting requirements of this
					 subchapter.
(1) REQUIREMENTS FOR
				  MONITORING, INSTALLATION, CERTIFICATION AND DATA ACCOUNTING.
(a) The owner or operator of an NO x
				  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 under s.
				  NR 428.04
				  (2), at least 180 days prior to initial
				  operation, or an alternative date approved by the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 428 - Control Of Nitrogen Compound Emissions › Subchapter III - NOx Emissions Performance Program Monitoring And Reporting Provisions › Section NR 428.08 - Specific provisions for monitoring NOx and heat input for the purpose of calculating NOx emissions

Current through June 24, 2024
(1) UTILITY UNITS. This subsection applies to
				  NO x emissions units subject to the requirements of s.
				  NR 428.05 (3)
				  (a).
(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
				  75.10 for an NO x-diluent continuous emission
				  monitoring system, consisting of an NO x pollutant
				  concentration monitor, an O 2- or CO 2-diluent gas monitor and a data
				  acquisition and handling system, to measure NO x
				  emission rate, and for a flow monitoring system and an O 2- or CO 2-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 x concentration monitoring
				  system, consisting of an NO x pollutant concentration
				  monitor and a data acquisition and handling system, to measure NO
				  x 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 O 2- or CO 2-diluent gas monitor to measure heat
				  input, or, if applicable, use the procedures in Appendix D 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.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 428 - Control Of Nitrogen Compound Emissions › Subchapter III - NOx Emissions Performance Program Monitoring And Reporting Provisions › Section NR 428.09 - Quarterly reports

Current through June 24, 2024
The owner or operator of a unit subject to the
				NOx concentration monitoring system, consisting of an
				NOx concentration monitoring system, consisting of an
				NOx concentration monitoring system, consisting of an
				NOx concentration monitoring system, consisting of an
				NOx concentration monitoring system, consisting of an
				NOx concentration monitoring system, consisting of an
				NOx pollutant concentration monitor and a data acquisition and handling system,
				to measure pollutant concentration monitor and a data acquisition and handling
				system, to measure pollutant concentration monitor and a data acquisition and
				handling system, to measure pollutant concentration monitor and a data
				acquisition and handling system, to measure pollutant concentration monitor and
				a data acquisition and handling system, to measure pollutant concentration
				monitor and a data acquisition and handling system, to measure 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 NOx
			  concentration monitoring system, consisting of an NOx
			  concentration monitoring system, consisting of an NOx
			  concentration monitoring system, consisting of an NOx pollutant concentration
			  monitor and a data acquisition and handling system, to measure pollutant
			  concentration monitor and a data acquisition and handling system, to measure
			  pollutant concentration monitor and a data acquisition and handling system, to
			  measure 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.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 428 - Control Of Nitrogen Compound Emissions › Subchapter III - NOx Emissions Performance Program Monitoring And Reporting Provisions › Section NR 428.10 - Petitions

Current through June 24, 2024
The owner or operator of an NOx
				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.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 428 - Control Of Nitrogen Compound Emissions › Subchapter III - NOx Emissions Performance Program Monitoring And Reporting Provisions › Section NR 428.11 - Additional requirements to provide heat input data

Current through June 24, 2024
The owner or operator of a unit that either monitors and
				reports or elects to monitor and report NOx mass
				emissions using an NOx concentration system and a flow
				system shall also monitor and report heat input at the unit
				level.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 428 - Control Of Nitrogen Compound Emissions › Subchapter III - NOx Emissions Performance Program Monitoring And Reporting Provisions › Section NR 428.12 - Alternative monitoring, recordkeeping and reporting

Current through June 24, 2024
(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 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).
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 428 - Control Of Nitrogen Compound Emissions › Subchapter IV - NOX Reasonably Available Control Technology Requirements › Section NR 428.20 - Applicability and purpose

Current through June 24, 2024
(1) APPLICABILITY.
(a) The requirements of this subchapter apply
			  to the owner or operator of a NO X emissions unit that is in a source category
			  identified under s.
			  NR
			  428.22 and that is located at a facility that meets
			  any of the following conditions:
1. The
			  facility is located in the county of Kenosha, Milwaukee, Ozaukee, Racine,
			  Sheboygan, Washington, or Waukesha and the maximum theoretical emissions of NOx
			  from all emission units in all source categories identified under s.
			  NR
			  428.22 combined is equal to or greater than 100
			  tpy.
2. The facility is located in
			  an area that is classified as a moderate, serious, severe, or extreme ozone
			  nonattainment area and the maximum theoretical emissions of NOx from all
			  emission units in all source categories identified under s.
			  NR
			  428.22 combined is equal to or greater than the
			  following:
a. 100 tpy for moderate ozone
			  nonattainment area.
b. 50 tpy for
			  serious ozone nonattainment area.
c. 25 tpy for severe ozone nonattainment
			  area.
d. 10 tpy for extreme ozone
			  nonattainment area.
3.
			  The facility is located in an area that, at any time on or after July 20, 2012,
			  had been classified as a moderate, serious, severe, or extreme ozone
			  nonattainment area and the maximum theoretical emissions of NOx from all
			  emission units in all source categories identified under s.
			  NR
			  428.22 combined is equal to or greater than the
			  following:
a. 100 tpy for former moderate
			  ozone nonattainment area.
b. 50 tpy
			  for former serious ozone nonattainment area.
c. 25 tpy for former severe ozone
			  nonattainment area.
d. 10 tpy for
			  former extreme ozone nonattainment area.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 428 - Control Of Nitrogen Compound Emissions › Subchapter IV - NOX Reasonably Available Control Technology Requirements › Section NR 428.21 - Emissions unit exceptions

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 428 - Control Of Nitrogen Compound Emissions › Subchapter IV - NOX Reasonably Available Control Technology Requirements › Section NR 428.22 - Emission limitation requirements

Current through June 24, 2024
(1) EMISSION
				  LIMITS. Except as provided under subs. (2) and (3), on or after May 1, 2009, no
				  person may cause, allow, or permit NO X 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. If arch-fired, 0.18 pound
				  per mmBtu of heat input.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 428 - Control Of Nitrogen Compound Emissions › Subchapter IV - NOX Reasonably Available Control Technology Requirements › Section NR 428.23 - Demonstrating compliance with emission limitations

Current through June 24, 2024
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 1 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).
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.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 428 - Control Of Nitrogen Compound Emissions › Subchapter IV - NOX Reasonably Available Control Technology Requirements › Section NR 428.24 - Recordkeeping and reporting

Current through June 24, 2024
(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.
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.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 428 - Control Of Nitrogen Compound Emissions › Subchapter IV - NOX Reasonably Available Control Technology Requirements › Section NR 428.25 - Alternative compliance methods and approaches

Current through June 24, 2024
(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 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.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 428 - Control Of Nitrogen Compound Emissions › Subchapter IV - NOX Reasonably Available Control Technology Requirements › Section NR 428.255 - Compliance schedule

Current through June 24, 2024
The owner or operator of a facility that has a NOx emission
				unit that is subject to this subchapter and that is located in any area
				described under s.
				NR 428.20(1) (a)
				2. or 3. shall comply with the applicable
				requirements of this subchapter upon the facility becoming subject to this
				subchapter, except for any of the following:
(1) The owner or operator of a NOx emission
			  unit that commenced construction before March 1, 2022, and became subject to
			  this subchapter on March 1, 2022, shall comply with the applicable requirements
			  of this subchapter for that unit as expeditiously as practicable, but no later
			  than December 1, 2023.
(2) The
			  owner or operator of a NOx emission unit that becomes subject to this
			  subchapter due to the reclassification of a nonattainment area that occurs
			  after March 1, 2022, shall comply with applicable requirements of this
			  subchapter as expeditiously as practicable, but no later than the start of the
			  attainment year ozone season associated with the area's new attainment
			  deadline, as indicated by the relevant Federal Register publication, or January
			  1 of the 3rd year after the associated SIP revision submittal deadline,
			  whichever is earlier.
Note:
RACT SIP revisions must be submitted by
				the department no later than 24 months after the effective date of the
				reclassification, as indicated by the relevant Federal Register
				publication.
(3) The owner
			  or operator of a NOx emission unit that becomes subject to this subchapter due
			  to the initial designation of a nonattainment area that occurs after March 1,
			  2022, shall comply with applicable requirements of this subchapter as
			  expeditiously as practicable, but no later than January 1 of the 5th year after
			  the effective date of the initial designation, as indicated by the relevant
			  Federal Register publication.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 428 - Control Of Nitrogen Compound Emissions › Subchapter IV - NOX Reasonably Available Control Technology Requirements › Section NR 428.26 - Utility reliability waiver

Current through June 24, 2024
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.
(c) A disruption in the operation of a
			  generating unit or pollution control equipment.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 429 - Malodorous emissions and open burning › Section NR 429.01 - Applicability; purpose

Current through June 24, 2024
(1) APPLICABILITY. This chapter applies to
			all air contaminant sources and to their owners and operators.
(2) PURPOSE. This chapter is adopted under
			ss.
			285.11,
			285.13
			and
			285.17,
			Stats., to establish emission limitations, odor tests and abatement or control
			requirements for malodorous air contaminant sources and to limit the conditions
			under which open burning is permitted in order to protect air
			quality.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 429 - Malodorous emissions and open burning › Section NR 429.02 - Definitions

Current through June 24, 2024
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) "Open
			burning" means oxidation from which the products of combustion are emitted
			directly into the ambient air without passing through a stack or chimney. Open
			burning does not include the combustion occurring at a properly operated air
			curtain destructor.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 429 - Malodorous emissions and open burning › Section NR 429.03 - Malodorous emissions

Current through June 24, 2024
(1) GENERAL LIMITATIONS. No person may cause,
			allow or permit emission into the ambient air of any substance or combination
			of substances in such quantities that an objectionable odor is determined to
			result unless preventive measures satisfactory to the department are taken to
			abate or control such emission.
(2)
			OBJECTIONABLE ODOR TESTS. An odor shall be deemed objectionable when either or
			both of the following tests are met:
(a) Upon
			decision resulting from investigation by the department, based upon the nature,
			intensity, frequency and duration of the odor as well as the type of area
			involved and other pertinent factors.
(b) Or when 60% of a random sample of persons
			exposed to the odor in their place of residence or employment, other than
			employment at the odor source, claim it to be objectionable and the nature,
			intensity, frequency and duration of the odor are considered.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 429 - Malodorous emissions and open burning › Section NR 429.04 - Open burning

Current through June 24, 2024
(1) PROHIBITION AND EXCEPTIONS. Open burning
			is prohibited with the following exceptions:
(a) Burning of brush or weeds on agricultural
			lands.
(b) Fires set for practice
			and instruction of fire fighters, or testing of fire fighting
			equipment.
(c) Backfires to control
			forest fires or fires set for forest or wildlife habitat management with
			approval of the department where no reasonable alternative is
			available.
(d) Burning of explosive
			or dangerous material for which there is no other safe means of
			disposal.
(e) Burning of small
			amounts of dry combustible rubbish (not to include wet combustible rubbish,
			garbage, oily substances, asphalt, plastic or rubber products) except where
			prohibited by local ordinance.
(f)
			Burning at rural or isolated solid waste disposal sites outside of the
			Southeastern Wisconsin Intrastate AQCR which have been approved under s.
			NR
			506.04, or burning of special waste where permits are
			obtained from the department.
(g)
			Outdoor fires for cooking, ceremonies or recreation.
(h) Burning of trees, limbs, stumps, brush or
			weeds for clearing or maintenance of rights-of-ways outside of the Southeastern
			Wisconsin Intrastate AQCR.
(i)
			Burning of trees, wood, brush or demolition materials, excluding asphaltic or
			rubber material, using methods approved by the department.
(j) Small open flames for welding, acetylene
			torches, safety flares, heating tar or similar applications.
(k) Burning of gaseous or liquid waste in a
			manner approved by the department.
(l) Burning of small amounts of dry leaves
			and dry plant clippings except where prohibited by local
			ordinance.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 431 - Control of visible emissions › Section NR 431.01 - Applicability; purpose

Current through June 24, 2024
(1) APPLICABILITY. This chapter applies to
			all air contaminant sources and to their owners and operators.
(2) PURPOSE. This chapter is adopted under
			ss.
			285.11,
			285.13
			and
			285.17,
			Stats., to categorize air contaminant sources and to establish visible emission
			limitations for these sources in order to protect air quality.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 431 - Control of visible emissions › Section NR 431.03 - General limitations

Current through June 24, 2024
No person may cause, allow or permit emissions into the
			  ambient air from any direct or portable source in excess of one of the limits
			  specified in this chapter. Where the presence of uncombined water is the only
			  reason for failure to meet the requirements of this chapter, such failure is
			  not a violation of this chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 431 - Control of visible emissions › Section NR 431.04 - Emission limitations on or before April 1, 1972

Current through June 24, 2024
All direct and portable sources on which construction or
			  modification was commenced on or before April 1, 1972 shall meet the emission
			  limits of this section.
(1) No owner
			or operator of a direct or portable source may cause or allow emissions of
			shade or density greater than number 2 of the Ringlemann chart or 40% opacity.
			Exceptions listed in s.
			NR
			431.05 shall apply.
(2) No owner or operator of a direct or
			portable source located in subregion 1 of the Lake Michigan Intrastate AQCR or
			in the Southeastern Wisconsin Intrastate AQCR may, after July 31, 1975, cause
			or allow emissions of shade or density greater than number 1 of the Ringlemann
			chart or 20% opacity. Exceptions listed in s.
			NR
			431.05 shall apply.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 431 - Control of visible emissions › Section NR 431.05 - Emission limitations after April 1, 1972

Current through June 24, 2024
No owner or operator of a direct or portable source on which
			  construction or modification is commenced after April 1, 1972 may cause or
			  allow emissions of shade or density greater than number 1 of the Ringlemann
			  chart or 20% opacity with the following exceptions:
(1) When combustion equipment is being
			cleaned or a new fire started, emissions may exceed number 1 of the Ringlemann
			chart or 20% opacity but may not exceed number 4 of the Ringlemann chart or 80%
			opacity for 6 minutes in any one hour. Combustion equipment may not be cleaned
			nor a fire started more than 3 times per day.
(2) Emissions may exceed number 1 of the
			Ringlemann chart or 20% opacity for stated periods of time, as permitted by the
			department, for such purpose as an operating test, use of emergency equipment,
			or other good cause, provided no hazard or unsafe condition arises.
(3) For direct or portable sources in
			operation on or before February 1, 1975, where emission test data taken
			concurrently with opacity readings or continuous emission monitor data show the
			source to be in compliance with the applicable emission limits but not the
			opacity limits, an alternative opacity limit may be established according to
			methods and procedures in s.
			NR
			431.07.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 431 - Control of visible emissions › Section NR 431.07 - Establishing alternate opacity limits

Current through June 24, 2024
The department may set an alternate opacity limit for a
			  source according to the criteria and certification procedures in this
			  section.
(1) SOURCE CRITERIA. A source
			is eligible for an alternate opacity limit if it meets all of the following
			criteria:
(a) The source of emissions is not
			a fugitive emission source.
(b) The
			source is subject to an emission limitation in the form of a mass rate, stack
			gas concentration, or a fuel requirement for all pollutants that contribute to
			the opacity of a source's emissions.
(c) All emission units subject to the
			alternate opacity request are in compliance with all applicable provisions of
			chs.
			NR
			400 to
			499, ch. 285, Stats., and all
			permit conditions with the exception of visible emission limits.
(d) The owner or operator of the source
			installs and operates a continuous emission monitor (CEM) for opacity that
			meets the performance specifications in s.
			NR
			439.09.
(e) The source is operated and maintained in
			such a manner as to minimize opacity through measures which are not
			discontinued once an alternate opacity limit is established.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 432 - Allocation of clean air interstate rule NOx allowances › Section NR 432.03 - CAIR NOx allowance allocation

Current through June 24, 2024
The department shall use the procedures in this section for
			  calculating and allocating CAIR NOx allowances for CAIR
			  NOx units and CAIR renewable units.
(1) UNIT BASELINES.
(a) Calculating baseline energy output. The
			department shall calculate the baseline energy output of each CAIR
			NOx unit and each CAIR renewable unit, in MWh according
			to the following equations as appropriate:
1.
			For a CAIR NOx unit that is a cogeneration unit and that
			has operated for 5 or more consecutive calendar years, by using one of the
			following equations:
a. Use equation 1a if
			the unit is the only unit serving a generator or, if more than one unit serves
			the same generator and unit-level data for equation 1a is available for all
			units:
See PDF
			  for diagram
where:
B is the unit baseline energy output made available by the
			  cogeneration unit in MWh
GEavg is the average of the 3 highest
			  annual amounts of the unit's annual gross electric output in MWh over the
			  5-year period identified in par. (b)
TEavg is the average of the 3 highest
			  annual amounts of the unit's annual useful thermal energy in mmBtu over the
			  5-year period identified in par. (b)
3.4 is a conversion factor in mmBtu/MWh
b. Use equation 1b if more than one unit
			serves the same generator and unit-level data for equation 1a is not available
			for all units:
See PDF
			  for diagram
where:
Bi is the baseline energy output made
			  available by cogeneration unit i in MWh
GEGen is the average of the 3 highest
			  annual amounts of the annual gross electric output in MWh for the generator
			  served over the 5-year period identified in par. (b)
TET is the average of the 3 highest
			  annual amounts of annual useful thermal energy in mmBtu for the generator
			  served over the 5-year period defined in par. (b)
3.4 is a conversion factor in mmBtu/MWh
NCi is the nameplate capacity of unit
			  i
n is the number of units serving the same generator
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 432 - Allocation of clean air interstate rule NOx allowances › Section NR 432.04 - Compliance supplement pool

Current through June 24, 2024
In addition to the CAIR NOx allowances
			  allocated under s.
			  NR
			  432.03, the department may allocate for calendar year
			  2009 only, additional allowances from the compliance supplement pool up to the
			  amount designated by the EPA in
			  40 CFR
			  97.143 for Wisconsin for the purposes
			  identified in this section.
(1) EARLY
			REDUCTION CREDITS.
(a) The department may
			allocate CAIR NOx allowances from the compliance
			supplement pool to a CAIR NOx unit if the unit's CAIR
			designated representative demonstrates that it achieved early reductions of
			NOx emissions. To be eligible for early reduction
			credits, the unit's CAIR designated representative shall demonstrate all of the
			following:
1. The CAIR
			NOx unit's average annual NOx
			emission rate for 2007 or 2008 is less than 0.25 lb/mmBtu based on heat
			input.
2. If the unit is included
			in a NOx averaging plan under s.
			NR
			409.065(7) for 2007 or 2008, the
			NOx averaging plan has an actual weighted average
			NOx emission rate for 2007 or 2008 equal to or less than
			the actual weighted average NOx emission rate for
			preceding year.
3. Compared to the
			preceding year, the CAIR NOx unit achieves
			NOx emission reductions in both 2007 and 2008.
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 432 - Allocation of clean air interstate rule NOx allowances › Section NR 432.05 - CAIR NOx ozone season allowance allocation

Current through June 24, 2024
The department shall use the procedures in this section for
			  calculating and allocating CAIR NOx ozone season
			  allowances for CAIR NOx units and CAIR renewable
			  units.
(1) UNIT BASELINES.
(a)
Calculating baseline energy
			output
. The department shall calculate the baseline energy output of
			each CAIR NOx unit and each CAIR renewable unit, in MWh
			according to the following equations as appropriate:
1. For a CAIR NOx unit
			that is a cogeneration unit and that has operated for 5 or more consecutive
			calendar years, by using one of the following equations:
a. Use equation 1a if the unit is the only
			unit serving a generator or, if more than one unit serves the same generator
			and unit-level data for equation 9a is available for all units:
See PDF
			  for diagram
where:
B is the unit baseline energy output made available by the
			  cogeneration unit in MWh
GEavg is the average of the 3 highest
			  annual amounts of the unit's ozone season gross electric output in MWh over the
			  5-year period identified in par. (b)
TEavg is the average of the 3 highest
			  annual amounts of the unit's ozone season useful thermal energy in mmBtu over
			  the 5-year period identified in par. (b)
3.4 is a conversion factor in mmBtu/MWh
b. Use equation 9b if more than one unit
			serves the same generator and unit-level data for equation 9a is not available
			for all units:
See PDF
			  for diagram
where:
Bi is the baseline energy output made
			  available by cogeneration unit i in MWh
GEGen is the average of the 3 highest
			  annual amounts of the ozone season gross electric output in MWh for the
			  generator served over the 5-year period identified in par. (b)
TET is the average of the 3 highest
			  annual amounts of ozone season useful thermal energy in mmBtu for the generator
			  served over the 5-year period defined in par. (b)
3.4 is a conversion factor in mmBtu/MWh
NCi is the nameplate capacity of unit
			  i
n is the number of units serving the same generator
Wisconsin Administrative Code › Department of Natural Resources › NR 400-499 - Environmental Protection - Air Pollution Control › Chapter NR 432 - Allocation of clean air interstate rule NOx allowances › Section NR 432.06 - Timing requirements for allocations of CAIR NOx allowances and CAIR NOx ozone season allowances

Current through June 24, 2024
(1) ALLOCATIONS FOR 2009 TO 2014. By April
			30, 2007 or within 30 days after August 1, 2007, the department shall notify
			the administrator of the allocations of CAIR NOx
			allowances and CAIR NOx ozone season allowances for 2009
			to 2014 for the units listed in Tables 1 and 2.
(2) ALLOCATIONS FOR 2015 AND LATER YEARS FOR
			UNITS WITH 5 OR MORE YEARS OF OPERATING DATA.
(a) By June 1, 2011 and June 1 of each year
			thereafter, the department shall determine the allocations of CAIR
			NOx allowances and CAIR NOx ozone
			season allowances, in accordance with ss.
			NR 432.03(1) and
			(2) and and 432.05 (1) (2), which shall apply
			to CAIR NOx units and CAIR renewable units in the 4th
			year after the determination.
Note: For example, in 2011, the department shall determine
			  the allocations applicable in 2015 and in 2012, allocations for 2016.
(b) By July 31, 2011 and July 31
			of each year thereafter, the department shall notify the administrator of each
			unit's allocation of CAIR NOx allowances and CAIR
			NOx ozone season allowances under par. (a) for the
			fourth year after the year of the notification.