Wisconsin Administrative Code
Department of Natural Resources
NR 400-499 - Environmental Protection - Air Pollution Control
Chapter NR 409 - Acid rain portion of operation permits
Section NR 409.065 - Nitrogen oxides requirements
Universal Citation: WI Admin Code ยง NR 409.065
Current through August 26, 2024
(1) APPLICABILITY.
(a) Except as provided in pars. (b) to (c),
this section applies to each coal-fired utility unit that is subject to an acid
rain emissions limitation or reduction requirement for
SO2 under Phase I or Phase II pursuant to section 404,
405 or 409 of the act (42 USC 7651
c, 7651d or 7651h).
(b) The
emission limitations for NOx under this section apply to
each affected coal-fired utility unit subject to section 404(d) or 409(b) of
the act on the date the unit is required to meet the acid rain emissions
reduction requirement for SO2.
(c) The provisions of this section apply to
each coal-fired substitution unit or compensating unit, designated and approved
by U.S. EPA as a Phase I unit pursuant to
40 CFR
72.41 or
72.43
as follows:
1. A coal-fired substitution unit
that is designated in a substitution plan that is approved by U.S. EPA and
active as of January 1, 1995 shall be treated as a Phase I coal-fired utility
unit for purposes of this section. In the event the designation of the unit as
a substitution unit is terminated after December 31, 1995, pursuant to
40 CFR
72.41 and the unit is no longer required to
meet Phase I SO2 emissions limitations, the provisions
of this section will continue to apply.
2. A coal-fired substitution unit that is
designated in a substitution plan that is not approved by U.S. EPA or not
active as of January 1, 1995, or a coal-fired compensating unit, shall be
treated as a Phase II coal-fired utility unit for purposes of this
section.
(2) NITROGEN OXIDES EMISSION LIMITATIONS FOR GROUP 1, PHASE 1 BOILERS.
(a) Beginning January 1, 1996, or for a unit
subject to section 404(d) of the act, the date on which the unit is required to
meet acid rain emission reduction requirements for SO2,
the owner or operator of a Phase I coal-fired utility unit with a tangentially
fired boiler or a dry bottom wall-fired boiler, other than units applying cell
burner technology, may not discharge, or allow to be discharged, emissions of
NOx in excess of the following limits, except as
provided in par. (c) or (e) or in sub. (6) or (7):
1. 0.45 pound per million Btu of heat input
on an annual average basis for tangentially fired boilers.
2. 0.50 pound per million Btu of heat input
on an annual average basis for dry bottom wall-fired boilers other than units
applying cell burner technology.
(b) The owner or operator shall determine the
annual average NOx emission rate, in pound per million
Btu, using the methods and procedures specified in 40 CFR part 75.
(c) Unless the unit meets the early election
requirement of sub. (5), the owner or operator of a coal-fired substitution
unit with a tangentially fired boiler or a dry bottom wall-fired boiler, other
than units applying cell burner technology, that satisfies the requirements of
sub. (1) (c) 2., shall comply with the NOx emission
limitations that apply to Group 1, Phase II boilers.
(d) The owner or operator of a Phase I unit
with a cell burner boiler that converts to a conventional wall-fired boiler on
or before January 1, 1995 or, for a unit subject to section 404(d) of the act,
the date the unit is required to meet acid rain emissions reduction
requirements for SO2 shall comply, by the respective
date or January 1, 1996, whichever is later, with the
NOx emissions limitation applicable to dry bottom
wall-fired boilers under par. (a), except as provided in par. (c) or (e) or in
sub. (6) or (7).
(e) The owner or
operator of a Phase I unit with a Group 1 boiler that converts to a fluidized
bed or other type of utility boiler not included in Group 1 boilers on or
before January 1, 1995 or, for a unit subject to section 404(d) of the act, the
date the unit is required to meet acid rain emissions reduction requirements
for SO2, is exempt from the NOx
emissions limitations specified in par. (a), but shall comply with the
NOx emission limitations for Group 2 boilers under sub.
(3).
(f) Except as provided in
sub. (5) and in par. (c), each unit subject to the requirements of this section
is not subject to the requirements of sub. (4).
(3) NITROGEN OXIDES EMISSION LIMITATIONS FOR GROUP 2 BOILERS.
(a) Beginning January 1, 2000
or, for a unit subject to section 409(b) of the act, the date on which the unit
is required to meet acid rain emission reduction requirements for
SO2, the owner or operator of a Group 2 coal-fired
boiler with a cell burner boiler, cyclone boiler, a wet bottom boiler or a
vertically fired boiler may not discharge, or allow to be discharged, emissions
of NOx to the atmosphere in excess of the following
limits, except as provided in sub. (6) or (7):
1. 0.68 pound per million Btu of heat input
on an annual average basis for cell burner boilers. The
NOx emission control technology on which the emission
limitation is based is plug-in combustion controls or non-plug-in combustion
controls. Except as provided in sub. (2) (d), the owner or operator of a unit
with a cell burner boiler that installs non-plug-in combustion controls after
November 15, 1990 shall comply with the emission limitation applicable to cell
burner boilers. The owner or operator of a unit with a cell burner that
installs non-plug-in combustion controls on or before November 15, 1990 shall
comply with the applicable emission limitation for dry bottom wall-fired
boilers.
2. 0.86 pound per million
Btu of heat input on an annual average basis for cyclone boilers with a maximum
continuous steam flow at 100% of load of greater than 1060, in thousands of
pounds per hour. The NOx emission control technology on
which the emission limitation is based is natural gas reburning or selective
catalytic reduction.
3. 0.84 pound
per million Btu of heat input on an annual average basis for wet bottom
boilers, with a maximum continuous steam flow at 100% of load of greater than
450, in thousands of pounds per hour. The NOx emission
control technology on which the emission limitation is based is natural gas
reburning or selective catalytic reduction.
4. 0.80 pound per million Btu of heat input
on an annual average basis for vertically-fired boilers. The
NOx emission control technology on which the emission
limitation is based is combustion controls.
(b) The owner or operator shall determine the
annual average NOx emission rate, in pounds per million
Btu, using the methods and procedures specified in 40 CFR part 75.
(4) NITROGEN OXIDES EMISSION LIMITATIONS FOR GROUP 1, PHASE II BOILERS.
(a) Beginning January 1, 2000, the owner or
operator of a Group 1, Phase II coal-fired utility unit with a
tangentially-fired boiler or a dry bottom wall-fired boiler may not discharge,
or allow to be discharged, emissions of NOx to the
atmosphere in excess of the following limits, except as provided in sub. (5),
(6) or (7):
1. 0.40 pound per million Btu of
heat input on an annual average basis for tangentially-fired boilers.
2. 0.46 pound per million Btu of heat input
on an annual average basis for dry bottom wall-fired boilers other than units
applying cell burner technology.
(b) The owner or operator shall determine the
annual average NOx emission rate, in pounds per million
Btu, using the methods and procedures specified in 40 CFR part 75.
(5) EARLY ELECTION FOR GROUP 1, PHASE II BOILERS.
(a)
General
provisions.
1. The owner or operator
of a Phase II coal-fired utility unit with a Group 1 boiler may elect to have
the unit become subject to the applicable emissions limitation for
NOx under sub. (2), starting no later than January 1,
1997.
2. The owner or operator of a
Phase II coal-fired utility unit with a Group 1 boiler that elects to become
subject to the applicable emission limitation under sub. (2) may not be subject
to sub. (4) until January 1, 2008, provided the designated representative
demonstrates that the unit is in compliance with the limitation under sub. (2),
using the methods and procedures specified in 40 CFR part 75, for the period
beginning January 1 of the year in which the early election takes effect, but
not later than January 1, 1997, and ending December 31, 2007.
3. The owner or operator of any Phase II unit
with a cell burner boiler that converts to conventional burner technology may
elect to become subject to the applicable emissions limitation under sub. (2)
for dry bottom wall-fired boilers, provided the owner or operator complies with
the provisions in subd. 2.
4. The
owner or operator of a Phase II unit approved for early election may not submit
an application for an alternative emissions limitation demonstration period
under sub. (6) until the earlier of the following:
a. January 1, 2008.
b. Early election is terminated pursuant to
par. (d) 3.
5. The owner
or operator of a Phase II unit approved for early election may not incorporate
the unit into an averaging plan prior to January 1, 2000. On or after January
1, 2000, for purposes of the averaging plan, the early election unit will be
treated as subject to the applicable emissions limitation for
NOx for Phase II units with Group 1 boilers under sub.
(4).
(b)
Submission of plan. In order to obtain early election status,
the designated representative of a Phase II unit with a Group 1 boiler shall
have submitted an early election plan to U.S. EPA by January 1, 1997, and U.S.
EPA shall have approved the plan.
(c)
Department's action.
Beginning January 1, 2000, the department shall approve any early election plan
previously approved by U.S. EPA during Phase I, unless the plan is terminated
pursuant to par. (d) 3.
(d)
Special provisions.
1.
Nitrogen oxides. A unit that is governed by an approved early election plan
shall be subject to an emissions limitation for NOx as
provided under par. (a) 2. except as provided under subd. 3. c.
2. Liability. The owners and operators of a
unit governed by an approved early election plan shall be liable for any
violation of the plan or this section at that unit. The owners and operators
shall be liable, beginning January 1, 2000, for fulfilling the obligations
specified in 40 CFR part 77.
3.
Termination.
a. An approved early election
plan shall be in effect only until the earlier of January 1, 2008 or January 1
of the calendar year for which a termination of the plan takes
effect.
b. If the designated
representative of the unit under an approved early election plan fails to
demonstrate compliance with the applicable emissions limitation under sub. (2)
for any year during the period beginning January 1 of the first year the early
election takes effect and ending December 31, 2007, the department shall
terminate the plan. The termination shall take effect beginning January 1 of
the year after the year for which there is a failure to demonstrate compliance,
and the designated representative may not submit a new early election
plan.
c. The designated
representative of the unit under an approved early election plan may terminate
the plan any year prior to 2008 but may not submit a new early election plan.
In order to terminate the plan, the designated representative shall submit a
notice under s.
NR 409.09(1) (d) by January 1 of the
year for which the termination is to take effect.
d. If an early election plan is terminated
any year prior to 2000, the unit shall meet, beginning January 1, 2000, the
applicable emissions limitation for NOx for Phase II
units with Group 1 boilers under sub. (4).
e. If an early election plan is terminated in
or after 2000, the unit shall meet, beginning on the effective date of the
termination, the applicable emissions limitation for NOx
for Phase II units with Group 1 boilers under sub. (4).
(6) ALTERNATIVE EMISSION LIMITATIONS.
(a)
General
provisions. The designated representative of an affected unit that is
not an early election unit pursuant to sub. (5) and cannot meet the applicable
emission limitation in sub. (2), (3) or (4) using, for Group 1 boilers, either
low NOx burner technology or an alternative technology
in accordance with par. (e) 11., or, for tangentially-fired boilers, separated
overfire air, or, for Group 2 boilers, the technology on which the applicable
emission limitation is based may petition the department for an alternative
emission limitation less stringent than the applicable emission limitation. In
order for the unit to qualify for an alternative emission limitation, the
designated representative shall demonstrate that the affected unit cannot meet
the applicable emission limitation in sub. (2), (3) or (4) based on a showing,
to the satisfaction of U.S. EPA, that all of the following apply:
1. One of the following:
a. For a tangentially-fired boiler, the owner
or operator has either properly installed low NOx burner
technology or properly installed separated overfire air.
b. For a dry bottom wall-fired boiler, other
than a unit applying cell burner technology, the owner or operator has properly
installed low NOx burner technology.
c. For a Group 1 boiler, the owner or
operator has properly installed an alternative technology, including but not
limited to reburning, selective noncatalytic reduction or selective catalytic
reduction, that achieves NOx emission reductions
demonstrated in accordance with par. (e) 11.
d. For a Group 2 boiler, the owner or
operator has properly installed the appropriate NOx
emission control technology on which the applicable emission limitation in sub.
(3) is based.
2. The
installed NOx emission control system has been designed
to meet the applicable emission limitation in sub. (2), (3) or (4).
3. For a demonstration period of at least 15
months or other period of time, as provided in par. (f) 1., all of the
following:
a. The NO x emission control
system has been properly installed and properly operated according to
specifications and procedures designed to minimize the emissions of
NOx to the atmosphere.
b. Unit operating data as specified in this
section show that the unit and NOx emission control
system were operated in accordance with the bid and design specifications on
which the design of the NOx emission control system was
based.
c. Unit operating data as
specified in this section, continuous emission monitoring data obtained
pursuant to 40 CFR part 75, and the test data specific to the
NOx emission control system show that the unit could not
meet the applicable emission limitation in sub. (2), (3) or (4).
(b)
Petitioning
process. The petitioning process for an alternative emission
limitation shall consist of the following steps:
1. The owner or operator establishes, through
unit operation during a period of at least 3 months following the installation
of the NOx emission control system, that the specific
unit and its NOx emission control system were unable to
meet the applicable emissions limitation under sub. (2), (3) or (4) while
operated in accordance with the design operating conditions and with vendor
specifications and procedures.
2.
The owner or operator submits a petition for an alternative emission limitation
demonstration period as specified in par. (d).
3. The owner or operator demonstrates, during
a demonstration period of at least 15 months or other period of time as
provided in par. (f) 1., that the specific unit is able to meet neither the
applicable emissions limitation under sub. (2), (3) or (4) nor the minimum
NOx emissions rate that the specific unit can achieve
during long-term load dispatch operation.
4. The owner or operator submits a petition
for a final alternative emission limitation as specified in par. (e).
(c)
Deadlines.
1. Petition for an alternative emission
limitation demonstration period. The designated representative of the unit
shall submit a petition for an alternative emission limitation demonstration
period to the department after the unit has been operated for at least 3 months
after installation of the NOx emission control system
required under par. (a) and not later than either of the following:
a. 120 days after January 1 of the calendar
year in which the alternative emission limitation demonstration period is to
begin.
b. 120 days after startup of
the NOx emission control system if the unit is not
operating at the beginning of that calendar year.
2. Petition for a final alternative emission
limitation. Not later than 90 days after the end of an approved alternative
emission limitation demonstration period for the unit, the designated
representative of the unit may submit a petition for an alternative emission
limitation to the department.
3.
Renewal of an alternative emission limitation. In order to request continuation
of an alternative emission limitation, the designated representative shall
submit a petition to renew the alternative emission limitation on the date that
the application for renewal of the source's acid rain portion of an operation
permit containing the alternative emission limitation is due.
(d)
Contents of petition
for an alternative emission limitation demonstration period. The
designated representative of an affected unit that has met the minimum criteria
under par. (a) and that has been operated for a period of at least 3 months
following the installation of the required NOx emission
control system may submit to the department a petition for an alternative
emission limitation demonstration period. In the petition, the designated
representative shall provide all of the following information:
1. Identification of the unit.
2. The type of NOx control technology
installed.
Note: NOx control technologies include, but are not limited to, the following: low NOx burner technology, selective noncatalytic reduction, selective catalytic reduction and reburning.
3.
If an alternative technology is installed, the time period, not less than 6
consecutive months, prior to installation of the technology to be used for the
demonstration required in par. (e) 11.
4. Documentation as set forth in sub. (9) (b)
showing that the installed NOx emission control system
has been designed to meet the applicable emission limitation in sub. (2), (3)
or (4) and that the system has been properly installed according to procedures
and specifications designed to minimize the emissions of
NOx to the atmosphere.
5. The date the unit commenced operation
following the installation of the NOx emission control
system or the date the specific unit became subject to the emission limitations
of sub. (2), (3) or (4), whichever is later.
6. The dates of the operating period, which
shall be at least 3 months long.
7.
Certification by the designated representative that the owner or owners or
operator operated the unit and the NOx emission control
system during the operating period in accordance with all of the following:
a. Specifications and procedures designed to
achieve the maximum NOx reduction possible with the
installed NOx emission control system or the applicable
emission limitation in sub. (2), (3) or (4).
b. The operating conditions upon which the
design of the NOx emission control system was
based.
c. Vendor specifications and
procedures.
8. A brief
statement describing the reason or reasons why the unit cannot achieve the
applicable emission limitation in sub. (2), (3) or (4).
9. A demonstration period plan, as set forth
in sub. (9) (c).
10. Unit operating
data and quality-assured continuous emission monitoring data, including the
specific data items listed in sub. (9) (d), collected in accordance with 40 CFR
part 75 during the operating period and demonstrating the inability of the
specific unit to meet the applicable emission limitation in sub. (2), (3) or
(4) on an annual average basis while operating as certified under subd.
7.
11. An interim alternative
emission limitation, in pounds per million Btu, that the unit can achieve
during a demonstration period of at least 15 months. The interim alternative
emission limitation shall be derived from the data specified in subd. 10. using
methods and procedures satisfactory to U.S. EPA.
12. The proposed dates of the demonstration
period, which shall be at least 15 months long.
13. A report which outlines the testing and
procedures to be taken during the demonstration period in order to determine
the maximum NOx emission reduction obtainable with the
installed system. The report shall include the reasons for the
NOx emission control system's failure to meet the
applicable emission limitation, and the tests and procedures that will be
followed to optimize the NOx emission control system's
performance. Tests and procedures may include those identified in s.
NR 439.098 as appropriate.
14. The special provisions at par. (g)
1.
(e)
Contents
of petition for a final alternative emission limitation. After the
approved demonstration period, the designated representative of the unit may
petition the department for an alternative emission limitation. The petition
shall include all of the following elements:
1. Identification of the unit.
2. Certification that the owner or owners or
operator operated the affected unit and the NOx emission
control system during the demonstration period in accordance with all of the
following:
a. Specifications and procedures
designed to achieve the maximum NOx reduction possible
with the installed NOx emission control system or the
applicable emissions limitation in sub. (2), (3) or (4).
b. The operating conditions including load
dispatch conditions upon which the design of the NOx
emission control system was based.
c. Vendor specifications and
procedures.
3.
Certification that the owner or owners or operator have installed in the
affected unit all NOx emission control systems, made any
operational modifications, and completed any planned upgrades and maintenance
to equipment specified in the approved demonstration period plan for optimizing
NOx emission reduction performance, consistent with the
demonstration period plan and the proper operation of the installed
NOx emission control system. The certification shall
explain any differences between the installed NOx
emission control system and the equipment configuration described in the
approved demonstration period plan.
4. A clear description of each step or
modification taken during the demonstration period to improve or optimize the
performance of the installed NOx emission control
system.
5. Engineering design
calculations and drawings that show the technical specifications for
installation of any additional operational or emission control modifications
installed during the demonstration period.
6. Unit operating and quality-assured
continuous emission monitoring data, including the specific data listed in sub.
(9) (e), collected in accordance with 40 CFR part 75 during the demonstration
period and demonstrating the inability of the specific unit to meet the
applicable emission limitation in sub. (2), (3) or (4) on an annual average
basis while operating in accordance with the certification under subd.
2.
7. A report, based on the
parametric test requirements in the approved demonstration period plan as
identified in par. (d) 13., that demonstrates the unit was operated in
accordance with the operating conditions upon which the design of the
NOx emission control system was based and describes the
reason or reasons for the failure of the installed NOx
emission control system to meet the applicable emission limitation in sub. (2),
(3) or (4) on an annual-average basis.
8. The minimum NOx
emission rate, in pounds per million Btu, that the affected unit can achieve on
an annual average basis with the installed NOx emission
control system. This value, which shall be the requested alternative emission
limitation, shall be derived from the data specified in this section using
methods and procedures satisfactory to U.S. EPA and shall be the lowest annual
emission rate the unit can achieve with the installed
NOx emission control system.
9. All supporting data and calculations
documenting the determination of the requested alternative emission limitation
and its conformance with the methods and procedures satisfactory to U.S.
EPA.
10. The special provisions in
par. (g) 2.
11. In addition to the
other requirements of this section, the owner or operator of an affected unit
with a Group 1 boiler that has installed an alternative technology, in addition
to or in lieu of low NOx burner technology, and cannot
meet the applicable emission limitation in sub. (2) shall demonstrate, to the
satisfaction of U.S. EPA, that the actual percentage reduction in
NOx emissions (pounds per million Btu), on an annual
average basis is greater than 65% of the average annual
NOx emissions prior to the installation of the NOx
emission control system. The percentage reduction in NOx
emissions shall be determined using continuous emissions monitoring data for
NOx taken during the time period, under par. (d) 3.,
prior to the installation of the NOx emission control
system and during long-term load dispatch operation of the specific
boiler.
(f)
Department's action.
1.
Alternative emission limitation demonstration period.
a. The department may approve an alternative
emission limitation demonstration period and demonstration period plan,
provided that the requirements of this section are met to the satisfaction of
the department. The department shall disapprove a demonstration period if the
requirements of par. (a) were not met during the operating period.
b. If the demonstration period is approved,
the department shall include, as part of the demonstration period, the 4-month
period prior to submission of the application in the demonstration
period.
c. During the alternative
emission limitation demonstration period, a unit may emit at a rate not greater
than the interim alternative emission limitation on or after the applicable
date established in sub. (3) or (4) and until the date that U.S. EPA approves
or denies a final alternative emission limitation.
d. After an alternative emission limitation
demonstration period is approved, if the designated representative requests an
extension of the demonstration period in accordance with par. (g) 1. b., the
department may extend the demonstration period by administrative revision under
s.
NR 409.12(4) to the acid rain portion of
an operation permit.
e. The
department shall deny the demonstration period if the designated representative
cannot demonstrate that the unit met the requirements of par. (a) during the
operating period. In those cases, the department shall require that the owner
or operator operate the unit in compliance with the applicable emission
limitation in sub. (2), (3) or (4) for the period preceding the submission of
the application for an alternative emission limitation demonstration period,
including the operating period, if the periods are after the date on which the
unit is subject to the standard limit under sub. (2), (3) or (4).
2. Alternative emission
limitation.
a. If the department determines
that the requirements in this subsection are met, the department shall approve
an alternative emission limitation and issue or revise an acid rain portion of
an operation permit to apply the approved limitation, in accordance with s.
NR 409.11. The permit shall authorize the unit to emit at
a rate not greater than the approved alternative emission limitation, starting
the date the department revises an acid rain portion of an operation permit to
approve an alternative emission limitation.
b. If the department disapproves an
alternative emission limitation under subd. 2. a., the owner or operator shall
operate the affected unit in compliance with the applicable emission limitation
in sub. (2), (3) or (4), unless the unit is participating in an approved
averaging plan under sub. (7), beginning on the date the department revises an
acid rain portion of an operation permit to disapprove an alternative emission
limitation.
3.
Alternative emission limitation renewal.
a.
If, upon review of a petition to renew an approved alternative emission
limitation, the department determines that no changes have been made to the
control technology, its operation, the operating conditions on which the
alternative emission limitation was based or the actual
NOx emission rate, the alternative emission limitation
shall be renewed.
b. If the
department determines that changes have been made to either the control
technology, its operation, the fuel quality or the operating conditions on
which the alternative emission limitation was based, the designated
representative shall submit, in order to renew the alternative emission
limitation or to obtain a new alternative emission limitation, a petition for
an alternative emission limitation demonstration period that meets the
requirements of par. (d) using a new demonstration period.
(g)
Special
provisions.
1. Alternative emission
limitation demonstration period.
a. Each unit
with an approved alternative emission limitation demonstration period shall
comply with the interim emission limitation specified in the unit's permit
beginning on the effective date of the demonstration period specified in the
permit and, if a timely petition for a final alternative emission limitation is
submitted, extending until the date on which the department issues or revises
an acid rain portion of an operation permit to approve or disapprove an
alternative emission limitation. If a timely petition is not submitted, then
the unit shall comply with the standard emission limit under sub. (2), (3) or
(4) beginning on the date the petition was required to be submitted under par.
(c) 2.
b. When the owner or
operator identifies, during the demonstration period, boiler or
NOx emission control system operating modifications or
upgrades that would produce further NOx emission
reductions, enabling the affected unit to comply with or bring its emission
rate closer to the applicable emissions limitation under sub. (2), (3) or (4),
the designated representative may submit a request and the department may
grant, by administrative revision under s.
NR 409.12(4), an extension of the
demonstration period for a period of time not to exceed 12 months as may be
necessary to implement the modifications or upgrades.
c. If the approved interim alternative
emission limitation applies to a unit for part, but not all, of a calendar
year, the unit shall determine compliance for the calendar year in accordance
with the procedures in sub. (8) (a).
d. A unit with an approved alternative
emission limitation demonstration period shall be operated under load dispatch
conditions consistent with the operating conditions upon which the design of
the NOx emission control system and performance
guarantee were based, and in accordance with the demonstration period
plan.
e. A unit with an approved
alternative emission limitation demonstration period shall install all
NOx emission control systems, make any operational
modifications, and complete any upgrades and maintenance to equipment specified
in the approved demonstration period plan for optimizing
NOx emission reduction performance.
f. When the owner or operator identifies
boiler or NOx emission control system operating
modifications or upgrades that would produce further NOx
emission reductions, enabling the affected unit to comply with or bring its
emission rate closer to the applicable emission limitation under sub. (2), (3)
or (4), the designated representative may submit a request and the department
may grant, by administrative revision under s.
NR 409.12(4), a revision to the unit's
acid rain portion of an operation permit and demonstration period plan to
include the modifications or upgrades.
g. A unit with an approved alternative
emission limitation demonstration period shall monitor in accordance with 40
CFR part 75 and shall conduct all tests required under the approved
demonstration period plan.
2. Final alternative emission limitation.
a. Each unit with an approved alternative
emission limitation shall comply with the alternative emission limitation
specified in the unit's permit beginning on the date specified in the permit as
issued or revised by the department to apply the final alternative emission
limitation.
b. If the approved
interim or final alternative emission limitation applies to a unit for part,
but not all, of a calendar year, the unit shall determine compliance for the
calendar year in accordance with the procedures in sub. (8) (a).
(7) EMISSIONS AVERAGING.
(a)
General
provisions.
1. In lieu of complying
with the applicable emission limitation in sub. (2), (3) or (4), any affected
units subject to such emission limitation, under control of the same owner or
operator, and having the same designated representative may average their
NOx emissions under an averaging plan approved under
this subsection.
2. Each affected
unit included in an averaging plan for Phase II shall be a boiler subject to an
emission limitation in sub. (2), (3) or (4) for all years for which the unit is
included in the plan.
3. Each unit
included in an averaging plan shall have an alternative contemporaneous annual
emission limitation (pounds per million Btu) and can only be included in one
averaging plan.
4. Each unit
included in an averaging plan shall have a minimum allowable annual heat input
value (million Btu), if it has an alternative contemporaneous annual emission
limitation more stringent than that unit's applicable emission limitation under
sub. (2), (3) or (4), and a maximum allowable annual heat input value, if it
has an alternative contemporaneous annual emission limitation less stringent
than that unit's applicable emission limitation under sub. (2), (3) or
(4).
5. The Btu-weighted annual
average emission rate for the units in an averaging plan shall be less than or
equal to the Btu-weighted annual average emission rate for the same units had
they each been operated, during the same period of time, in compliance with the
applicable emission limitations in sub. (2), (3) or (4).
6. In order to demonstrate that the proposed
plan is consistent with par. (a) 4., the alternative contemporaneous annual
emission limitations and annual heat input values assigned to the units in the
proposed averaging plan shall meet the following requirement:
where:
RLi is the alternative contemporaneous annual emission limitation for unit i, in pounds per million Btu, as specified in the averaging plan
Rli is the applicable emission limitation for unit i, in pounds per million Btu, as specified in sub. (2), (3) or (4) except that for early election units, which may be included in an averaging plan only on or after January 1, 2000, Rli shall equal the most stringent applicable emission limitation under sub. (2) or (4); for units with an alternative emission limitation, Rli shall equal the applicable emissions limitation under sub. (2), (3) or (4), not the alternative emissions limitation
HIi is the annual heat input for unit i, in million Btu, as specified in the averaging plan
n is the number of units in the averaging plan
7. No unit may be
included in more than one averaging plan.
(b)
Submission requirements.
1. The designated representative of a unit
meeting the requirements of par. (a) 1. and 7. may submit an averaging plan or
a revision to an approved averaging plan to the department and any other
applicable permitting authorities at any time up to and including January 1 (or
July 1, if the plan is restricted to only units located within the department's
jurisdiction) of the calendar year for which the averaging plan is to become
effective.
2. The designated
representative shall submit a copy of the same averaging plan, or the same
revision to an approved averaging plan, to any other permitting authority with
jurisdiction over a unit in the plan, and to U.S. EPA.
3. When an averaging plan or a revision to an
approved averaging plan is not approved, the owner or operator of each unit in
the plan shall operate the unit in compliance with the emission limitation that
would apply in the absence of the averaging plan or revision to a
plan.
(c)
Contents of NOx averaging plan. A
complete NOx averaging plan shall include all of the
following elements:
1. Identification of each
unit in the plan.
2. Each unit's
applicable emission limitation in sub. (2), (3) or (4).
3. The alternative contemporaneous annual
emission limitation for each unit (in pounds per million Btu). If any of the
units identified in the NOx averaging plan utilize a
common stack pursuant to
40
CFR 75.17(a)(2)(i)(B), the
same alternative contemporaneous emission limitation shall be assigned to each
unit and different heat input limits may be assigned.
4. The annual heat input limit for each unit
(in million Btu).
5. The
calculation for Equation 1 in par. (a) 5.
6. The calendar years for which the plan will
be in effect.
7. The special
provisions in par. (d).
(d)
Special provisions.
1. Emission limitations. Except as provided
as in subd. 2., each affected unit in an approved averaging plan is in
compliance with the acid rain emission limitation for
NOx under the plan if all of the following requirements
are met:
a. For each unit, the unit's actual
annual average emission rate for the calendar year, in pounds per million Btu,
is less than or equal to its alternative contemporaneous annual emission
limitation in the averaging plan.
b. For each unit with an alternative
contemporaneous emission limitation less stringent than the applicable emission
limitation in sub. (2), (3) or (4), the actual annual heat input for the
calendar year does not exceed the annual heat input limit in the averaging
plan.
c. For each unit with an
alternative contemporaneous annual emission limitation more stringent than the
applicable emission limitation in sub. (2), (3) or (4), the actual annual heat
input for the calendar year is not less than the annual heat input limit in the
averaging plan.
2. Group
showing of compliance. If one or more of the units does not meet the
requirements under subd. 1., the designated representative shall demonstrate,
in accordance with subd. 2. a. (i.e., Equation 2) that the actual Btu-weighted
annual average emission rate for the units in the plan is less than or equal to
the Btu-weighted annual average rate for the same units had they each been
operated, during the same period of time, in compliance with the applicable
emission limitations in sub. (2), (3) or (4).
a. A group showing of compliance shall be
made based on the following equation:
where:
Rai is the actual annual average emission rate for unit i, in pounds per million Btu, as determined using the procedures in 40 CFR part 75. For units in an averaging plan utilizing a common stack pursuant to 40 CFR 75.17(a)(2)(i)(B), use the same NOx emission rate value for each unit utilizing the common stack, and calculate this value in accordance with appendix F of 40 CFR part 75.
Rli is the applicable annual emission limitation for unit i, in pounds per million Btu, as specified in sub. (2), (3) or (4), except that for early election units, which may be included in an averaging plan only on or after January 1, 2000, Rli shall equal the most stringent applicable emission limitation under sub. (2) or (4); for units with an alternative emission limitation, Rli shall equal the applicable emission limitation under sub. (2), (3) or (4), not the alternative emission limitation
HIai is the actual annual heat input for unit i, in million Btu, as determined using the procedures in 40 CFR part 75
n is the number of units in the averaging plan
b. If there is a successful group
showing of compliance under subd. 2. a. for a calendar year, then all units in
the averaging plan shall be deemed to be in compliance for that year with their
alternative contemporaneous emission limitations and annual heat input limits
under subd. 1.
3.
Liability. The owners and operators of a unit governed by an approved averaging
plan shall be liable for any violation of the plan or this section at that unit
or any other unit in the plan, including liability for fulfilling the
obligations specified in 40 CFR part 77 and sections 113 and 411 of the
act.
4. Withdrawal or termination.
The designated representative may submit a notification to terminate an
approved averaging plan in accordance with s.
NR 409.09(1) (d), no later than October
1 of the calendar year for which the plan is to be withdrawn or
terminated.
(8) COMPLIANCE AND EXCESS EMISSIONS. Excess emissions of nitrogen oxides under 40 CFR 77.6 shall be calculated as follows:
(a) For a unit that is not in an approved
averaging plan:
1. Calculate
EEi for each portion of the calendar year that the unit
is subject to a different NOx emission limitation:
where:
EEi is the excess emissions for NOx for the portion of the calendar year (in tons)
Rai is the actual average emission rate for the unit (in pounds per million Btu), determined according to 40 CFR part 75 for the portion of the calendar year for which the applicable emission limitation Rli is in effect
Rli is the applicable emission limitation for the unit (in pounds per million Btu), as specified in sub. (2), (3) or (4) or as determined under sub. (6)
HIi is the actual heat input for the unit, (in million Btu), determined according to 40 CFR part 75 for the portion of the calendar year for which the applicable emission limitation, Rli, is in effect
2. If EEi is a
negative number for any portion of the calendar year, the EE value for that
portion of the calendar year shall be equal to zero (e.g., if
EEi = -100, then EEi =
0).
3. Sum all
EEi values for the calendar year:
where:
EE is the excess emissions for NOx for the year (in tons)
n is the number of time periods during which a unit is subject to different emission limitations
(b) For units participating in an approved
averaging plan, when all the requirements under sub. (7) (d) 1. and 2. are not
met:
where:
EE is the excess emissions for NOx for the year (in tons)
Rai is the actual annual average emission rate for NOx for unit i(in pounds per million Btu), determined according to 40 CFR part 75
Rli is the applicable emission limitation for unit i (in pounds per million Btu), as specified in sub. (2), (3) or (4)
HIi is the actual annual heat input for unit i (in million Btu) determined according to 40 CFR part 75
n is the number of units in the averaging plan
(9) MONITORING, RECORDKEEPING AND REPORTING REQUIREMENTS.
(a)
Unless otherwise provided, the owners and operators of the source and each
affected unit at the source shall keep on site certain relevant documents
described below for a period of 5 years from the date the document is created.
This period may be extended for cause, at any time prior to the end of 5 years,
in writing by the administrator or department. The following documents shall be
kept at the source:
1. The certificate of
representation for the designated representative for the source and each
affected unit at the source and all documents that demonstrate the truth of the
statements in the certificate of representation, in accordance with
40 CFR
72.24; provided that the certificate and
documents shall be retained on site at the source beyond the 5-year period
until the documents are superseded because of the submission of a new
certificate of representation changing the designated representative.
2. All emissions monitoring information, in
accordance with 40 CFR part 75.
3.
Copies of all reports, compliance certifications and other submissions and all
records made or required under the acid rain program.
4. Copies of all documents used to complete
an acid rain portion of an operation permit application and any other
submission under the acid rain program or to demonstrate compliance with the
requirements of this chapter and the acid rain program.
(b) In accordance with sub. (6) (d) 4., a
petition for an alternative emission limitation demonstration period shall
include the following information:
1.
Documentation that the owner or operator solicited bids for a
NOx emission control system designed for application to
the specific boiler and designed to achieve the applicable emission limitation
in sub.(2), (3) or (4) on an annual average basis. This documentation shall
include a copy of all bid specifications.
2. A copy of the performance guarantee
submitted by the vendor of the installed NOx emission
control system to the owner or operator showing that the system was designed to
meet the applicable emission limitation in sub. (2), (3) or (4) on an annual
average basis.
3. Documentation
describing the operational and combustion conditions that are the basis of the
performance guarantee.
4.
Certification by the primary vendor of the NOx emission
control system that the equipment and associated auxiliary equipment was
properly installed according to the modifications and procedures specified by
the vendor.
5. Certification by the
designated representative that the owner or owners or operator installed
technology that meets the requirements of sub. (6) (a).
(c) In accordance with sub. (6) (d) 9., a
petition for an alternative emission limitation demonstration period shall
include the following information:
1. The
operating conditions of the NOx emission control system
including load range, O2 range, coal volatile matter
range, and, for tangentially fired boilers, distribution of combustion air
within the NOx emission control system.
2. Certification by the designated
representative that the owner or owners or operator have achieved and are
following the operating conditions, boiler modifications and upgrades that
formed the basis for the system design and performance guarantee.
3. Any planned equipment modifications and
upgrades for the purpose of achieving the maximum NOx
reduction performance of the NOx emission control system
that were not included in the design specifications and performance guarantee,
but that were achieved prior to submission of this application and are being
followed.
4. A list of any
modifications or replacements of equipment that are to be done prior to the
completion of the demonstration period for the purpose of reducing emissions of
NOx.
5. The
parametric testing that will be conducted to determine the reason or reasons
for the failure of the unit to achieve the applicable emission limitation and
to verify the proper operation of the installed NOx
emission control system during the demonstration period. The tests shall
include tests in s.
NR 439.098, which may be modified according to the
following criteria:
a. The owner or operator
of the unit may add tests to those listed in s.
NR 439.098, if the additions provide data relevant to the
failure of the installed NOx emission control system to
meet the applicable emissions limitation in sub. (2), (3) or (4); or
b. The owner or operator of the unit may
remove tests listed in s.
NR 439.098 that are shown, to the satisfaction of the
department, not to be relevant to NOx emissions from the
affected unit; and
c. In the event
the performance guarantee or the NOx emission control
system specifications require additional tests not listed in s.
NR 439.098, or specify operating conditions not verified
by tests listed in s.
NR 439.098, the owner or operator of the unit shall
include additional tests.
(d) In accordance with sub. (6) (d) 10., a
petition for an alternative emission limitation demonstration period shall
include all of the following information for the operating period:
1. The average NOx
emission rate (in pounds per million Btu) of the specific unit.
2. The highest hourly
NOx emission rate (in pounds per million Btu) of the
specific unit.
3. Hourly
NOx emission rate (in pounds per million Btu),
calculated in accordance with 40 CFR part 75.
4. Total heat input (in million Btu) for the
unit for each hour of operation, calculated in accordance with the requirements
of 40 CFR part 75.
5. Total
integrated hourly gross unit load (in megawatts, gross, electrical).
(e) A petition for an alternative
emission limitation shall include all of the following information in
accordance with sub. (6) (e) 6.:
1. Total heat
input (in million Btu) for the unit for each hour of operation, calculated in
accordance with the requirements of 40 CFR part 75.
2. Hourly NOx emission
rate (in pounds per million Btu), calculated in accordance with the
requirements of 40 CFR part 75.
3.
Total integrated hourly gross unit load (in megawatts, gross,
electrical).
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