Wis. Admin. Code Department of Natural Resources NR 428.255

Current through August 26, 2024
Section NR 428.255 - Compliance schedule

The owner or operator of a facility that has a NOx emission unit that is subject to this subchapter and that is located in any area described under s. NR 428.20(1) (a) 2. or 3. shall comply with the applicable requirements of this subchapter upon the facility becoming subject to this subchapter, except for any of the following:

(1) The owner or operator of a NOx emission unit that commenced construction before March 1, 2022, and became subject to this subchapter on March 1, 2022, shall comply with the applicable requirements of this subchapter for that unit as expeditiously as practicable, but no later than December 1, 2023.
(2) The owner or operator of a NOx emission unit that becomes subject to this subchapter due to the reclassification of a nonattainment area that occurs after March 1, 2022, shall comply with applicable requirements of this subchapter as expeditiously as practicable, but no later than the start of the attainment year ozone season associated with the area's new attainment deadline, as indicated by the relevant Federal Register publication, or January 1 of the 3rd year after the associated SIP revision submittal deadline, whichever is earlier.

Note: RACT SIP revisions must be submitted by the department no later than 24 months after the effective date of the reclassification, as indicated by the relevant Federal Register publication.

(3) The owner or operator of a NOx emission unit that becomes subject to this subchapter due to the initial designation of a nonattainment area that occurs after March 1, 2022, shall comply with applicable requirements of this subchapter as expeditiously as practicable, but no later than January 1 of the 5th year after the effective date of the initial designation, as indicated by the relevant Federal Register publication.

Wis. Admin. Code Department of Natural Resources NR 428.255

Adopted by, CR 21-022: cr. Register February 2022 No. 794, eff. 3-1-22; correction in (1) made under s. 13.92(4) (b) 14., Stats., Register February 2022 No. 794, eff. 3/1/2022