Section NR 428.20 - Applicability and purpose(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.(b) If more than one emission threshold under par. (a) is applicable to the same area due to different ozone standards or a change in nonattainment classification, the lowest applicable emission threshold under par. (a) 2. or 3. applies. Note: The department maintains materials accessible to the public that show current Wisconsin nonattainment areas and summarizes the applicable permitting requirements for major sources of emissions within these areas.
(c) The requirements of this subchapter remain applicable to each affected unit regardless of any subsequent decrease in maximum theoretical emissions of NOx at the source to a level below the applicable emission thresholds.(2) PURPOSE. The purpose of this subchapter is to meet the requirements of sections 172 (c) and 182 (f) of the Act (42 USC 7502(c) and 7511a(f)) by establishing reasonably available control technology standards for NOx emissions units in areas that are or have ever been classified as moderate, serious, severe, or extreme nonattainment for ozone under sub. (1). Wis. Admin. Code Department of Natural Resources NR 428.20
CR 07-016: cr. Register July 2007 No. 619, eff. 8-1-07; CR 08-103: am. (1) Register August 2009 No. 644, eff. 9-1-09.Amended by, CR 21-022: renum. (1) to (1) (a) (intro.) and am., cr. (1) (a) 1. to 3., (b), (c), am. (2) Register February 2022 No. 794, eff. 3-1-22; correction in (2) made under s. 35.17, Stats., Register February 2022 No. 794, eff. 3/1/2022