Section NR 428.07 - General requirements 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.(b) The owner or operator of each NO x emissions unit shall do all of the following: 1. Install all monitoring systems required under s. NR 428.08 for monitoring NO x emissions. This includes all systems required to monitor NO x emission rate, NO x 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 NO x 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) (b) 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 x 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 x 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: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 NO x 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 1 immediately following the date determined in accordance with subd. 1.(3) REPORTING DATA PRIOR TO INITIAL CERTIFICATION. The owner or operator of an NO x emissions unit under sub. (2) (b) or (c) shall determine, record and report NO x emissions, heat input, if required for purposes of compliance, and any other values required to determine NO x emissions, for example NO x emission rate and heat input or NO x concentration and stack flow, using the provisions of 40 CFR 75.70(g), from the date and hour that the unit starts operating until all required certification tests are successfully completed.(4) PROHIBITIONS. (a) No owner or operator of an NO x 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 x emissions unit may operate the unit so as to emit NO x without accounting for all NO x emissions in accordance with the applicable provisions of this subchapter.(c) No owner or operator of an NO x emissions unit may disrupt the continuous emission monitoring system, any portion thereof, or any other approved emission monitoring method, and thereby avoid monitoring and recording NO x 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 NO x emissions unit may retire or permanently discontinue use of the continuous emission monitoring system, any component thereof or any other approved 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.Wis. Admin. Code Department of Natural Resources NR 428.07
Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 08-103: am. (intro.), (1) (a), (b) 1., 3., (3) and (4) (c) Register August 2009 No. 644, eff. 9-1-09.Amended by, CR 23-017: am. (1) (a) 2. Register February 2024 No. 819, eff. 4/1/2024