Section NR 428.055 - Alternatives(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.(3) PROCEDURES FOR ISSUANCE OF ALTERNATIVES. The department, in acting upon any request for an alternative site-specific emission limitation under this section, shall do all of the following:(a) Act on requests for alternatives within 3 months of the filing of a completed request.(b) Offer, through public notice, the opportunity for public comments including, where requested, a public hearing.(c) State in writing the reasons for denying, granting, or for granting in modified form any request.(4) REVOCATION AND MODIFICATION OF ALTERNATIVES. The department may, after notice and opportunity for hearing, revoke or modify any alternative site-specific emission limitation when any of the following occurs: (a) Any term or condition of the alternative has been violated.(b) Changes in ambient air quality indicate that the source has a significant adverse impact as determined by methods acceptable to the department on the attainment or maintenance of any ambient air quality standard.(c) The owner or operator did not act in good faith in demonstrating the technological or economic infeasibility of compliance with the limitations or in submitting other relevant information in support of the alternative request.(5) EFFECTIVE DATE OF ALTERNATIVES. When the department grants, modifies, or revokes a site-specific alternative to a limitation that has been approved by the administrator as part of the SIP, the alternative will not become effective until all of the following conditions have been met:(a) The department has submitted the alternative to the administrator pursuant to applicable law, including 42 USC 7410 and 40 CFR parts 51 and 52, and all such requirements have been met.(b) The alternative has been approved by the administrator as a site-specific SIP revision.Wis. Admin. Code Department of Natural Resources NR 428.055
Adopted by, CR 23-017: cr. Register February 2024 No. 819, eff. 4/1/2024