Wis. Admin. Code NR 428.25

Alternative compliance methods and approaches

Year: 2026Length: 1,223 wordsOfficial source

Cite as Wis. Admin. Code NR § 428.25

Alternative compliance methods and approaches. (1) Emissions averaging. The owner or operator of an emissions unit may demonstrate compliance with an NO x 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 Individual emissions units may not be withdrawn from an averaging program during a calendar year, unless each emissions unit in the averaging program meets its applicable emission limit in s. NR 428.22 .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 NO x emissions, as applicable, according to requirements of s. NR 428.23 (1) (b) 1. or 2. The total heat input and NO x 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 NO x emission limit and mass emissions cap: 1. ‘Notification.’ The owner or operator shall submit to the department a notification of an NO x 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 x 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: 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 x mass emissions for each emissions unit. c. The annual and ozone season actual average NO x emission rate for each emissions unit calculated as follows: d. The annual and ozone season actual NO x mass emissions and heat input in aggregate for all emissions units. e. The annual and ozone season actual aggregate NO x emission rate for all emissions units. This emission rate is the summation of the total mass of NO x emissions for all emissions units divided by the total heat input for all emissions units and is calculated as follows: 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: 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 NO x 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 NO x 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 x 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 NO x emission limitation: 1. ‘Notification.’ The owner or operator shall submit to the department a notification of an NO x 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.
Wis. Admin. Code NR 428.25: Alternative compliance methods and approaches | Justis AI