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
Universal Citation: WI Admin Code ยง NR 428.25
Current through August 26, 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Individual emissions units may not be withdrawn from an averaging program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.
2. `Monitoring requirement.' The
owner or operator of an emissions unit participating in an emissions averaging
program shall monitor all necessary NOx emissions, as
applicable, according to requirements of s.
NR 428.23(1) (b) 1. or 2. The total heat
input and NOx 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
NOx 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
NOx 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:
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.
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 NOx mass emissions for each
emissions unit.
c. The annual and
ozone season actual average NOx emission rate for each
emissions unit calculated as follows:
where:
ERavg is the annual or ozone season average emission rate for each emissions unit
NOx Mass is the total NOx 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 NOx mass emissions and heat input in
aggregate for all emissions units.
e. The annual and ozone season actual
aggregate NOx emission rate for all emissions units.
This emission rate is the summation of the total mass of
NOx emissions for all emissions units divided by the
total heat input for all emissions units and is calculated as follows:
where:
ERaggr is the emission rate in aggregate for all emissions units on an annual or ozone season basis
NOx Massu is the total NOx mass emissions for emissions unit u, for the averaging period
HIu 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:
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
HIu 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 demonstrated if the aggregate emission rate required in subd. 3. e. is
less than the aggregate emission limit required in subd. 3. f., and the
NOx mass emissions required in subd. 3. b. is less than
the mass emissions cap required in subd. 1. f.
4. `Heat input conversion.' For an emissions
unit subject to emission limitations expressed in units other than heat input,
the emission limitation shall be converted to a heat input basis. All required
calculations shall be on a common basis with necessary conversions performed
according to the methods in 40 CFR part 60, Appendices A and B, incorporated by
reference in s.
NR 484.04(13) and (21).
5. `Mass emissions cap exceedance.' If the
total NOx emissions from the emissions units in the
averaging program exceed either the annual or ozone season emissions caps
determined in subd.1. f., the owner or operator shall achieve additional
NOx reductions to compensate for the excess emissions
within 3 calendar years after the averaging year with the exceedance.
(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 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. The
applicable emission limitation in s.
NR 428.22 for each emissions unit.
d. The projected heat input, capacity
utilization, NOx emission rate and total
NOx mass emissions for each emissions unit on an annual
and ozone season basis.
e. The
projected heat input, capacity utilization, NOx emission
rate and total NOx mass emissions in aggregate for all
emissions units participating in the averaging program.
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 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 subd. 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 1 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 NOx mass emissions
for each emissions unit.
c. The
annual and ozone season actual average NOx 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 NOx 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:
where:
ELaggr is the aggregate emission limit in aggregate for all emissions units on an annual or ozone season basis
HIu is the heat input for each emissions unit, u, for the specified period of time
ELu is the emission limit for each emissions unit, u. For emission limitations in units other than heat input, the emission limitations shall be converted to a heat input basis according to par. (b) 4.
EBF is the environmental benefit factor. For averaging programs effective on or after January 1, 2013, the EBF is 10% for the annual emission limit and 10% for the ozone season emission limit. Prior to this date the EBF is 0%.
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 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
non-compliance to determine which units are responsible for the non-compliance
event. The information used in this evaluation shall be made available to the
department within 30 days of the discovery of a non-compliance event.
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 NOx emission reductions achieved by the emissions unit in complying with the CAIR requirements constitute compliance with the NOx RACT emission limitation requirements of this subchapter.
(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.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
