Wisconsin Administrative Code
Department of Natural Resources
NR 400-499 - Environmental Protection - Air Pollution Control
Chapter NR 417 - Control of sulfur emissions
Section NR 417.07 - Statewide sulfur dioxide emission limitations
Universal Citation: WI Admin Code ยง NR 417.07
Current through August 26, 2024
(1) APPLICABILITY. This section applies to any direct source of sulfur dioxide, with the following exceptions:
(a) Any direct source which is
subject to emission limitations specified in ch. NR 418.
(b) Any direct source which is subject to an
emission limitation for sulfur dioxide, imposed by statute, rule, permit, order
or plan approval, which is more restrictive than an emission limitation under
sub. (2) or (3).
(2) EMISSION LIMITS FOR EXISTING SOURCES. Except as provided under sub. (5) or (8), no person may cause, allow or permit sulfur dioxide to be emitted to the ambient air from any direct source constructed on or before February 1, 1985, in amounts greater than those specified in this subsection.
(a) All steam generating units and other fuel
burning equipment firing solid fossil fuel, alone or in combination with fuel
burning equipment firing other fuels, at a facility which has a total heat
input capacity on solid fossil fuel of greater than or equal to 250 million Btu
per hour, may not emit from any stack more than 3.2 pounds of sulfur dioxide
per million Btu heat input.
(b) Any
steam generating unit or other fuel burning equipment firing solid fossil fuel
at a facility which has a total heat input capacity on solid fossil fuel of
less than 250 million Btu per hour may not emit from any stack more than 5.5
pounds of sulfur dioxide per million Btu heat input.
(c) Any steam generating unit or other fuel
burning equipment firing residual fuel oil at a facility which has a total heat
input capacity on residual fuel oil of greater than or equal to 250 million Btu
per hour may not emit from any stack more than 1.5 pounds of sulfur dioxide per
million Btu heat input.
(d) Any
steam generating unit or other fuel burning equipment firing residual fuel oil
at a facility which has a total heat input capacity on residual fuel oil of
less than 250 million Btu per hour may not emit from any stack more than 3.0
pounds of sulfur dioxide per million Btu heat input.
(e) Any kraft mill producing pulp may not
emit more than 10.0 pounds of sulfur dioxide per ton of air dried unbleached
pulp from all process sources at the kraft mill. Process sources do not include
equipment which derives more than 50% of its annual heat input from solid
fossil fuel, residual fuel oil, wood or wood waste.
(f) Any sulfite mill producing pulp may not
emit more than 20.0 pounds of sulfur dioxide per ton of air dried unbleached
pulp from all process sources at the sulfite mill. Process sources do not
include equipment which derives more than 50% of its annual heat input from
solid fossil fuel, residual fuel oil, wood or wood waste.
(g) Any petroleum refinery shall comply with
the following emission limitations:
1. The
sulfur dioxide emissions from any process heater firing residual fuel oil may
not exceed 0.80 pounds of sulfur dioxide per million Btu heat input from the
process heater.
2. The sulfur
dioxide emissions from any stack serving any fuel burning equipment firing
residual fuel oil may not exceed 0.80 pounds of sulfur dioxide per million Btu
heat input.
3. The sulfur dioxide
emissions from any Claus sulfur recovery plant may not exceed 6,743 pounds of
sulfur dioxide in any 24-hour period or 843 pounds of sulfur dioxide in any
3-hour period.
4. The sulfur
dioxide emissions from all other process units may not exceed 1,035 pounds of
sulfur dioxide in any 1-hour period.
(3) EMISSION LIMITS FOR NEW SOURCES. No person may cause, allow or permit sulfur dioxide to be emitted to the ambient air from any direct source constructed after February 1, 1985 in amounts greater than those specified in this subsection.
(a) Any steam generating unit or other fuel
burning equipment firing solid fossil fuel may not emit from any stack more
than 3.2 pounds of sulfur dioxide per million Btu heat input.
(b) Any steam generating unit or other fuel
burning equipment firing residual fuel oil may not emit from any stack more
than 1.5 pounds of sulfur dioxide per million Btu heat input.
(c) Any kraft mill producing pulp may not
emit more than 10.0 pounds of sulfur dioxide per ton of air dried unbleached
pulp from all process sources at the kraft mill. Process sources do not include
equipment which derives more than 50% of its annual heat input from solid
fossil fuel, residual fuel oil, wood or wood waste.
(d) Any sulfite mill producing pulp may not
emit more than 20.0 pounds of sulfur dioxide per ton of air dried unbleached
pulp from all process sources at the sulfite mill. Process sources do not
include equipment which derives more than 50% of its annual heat input from
solid fossil fuel, residual fuel oil, wood or wood waste.
(e) Any petroleum refinery shall comply with
the following emission limitations:
1. The
sulfur dioxide emissions from any process heater firing residual fuel oil may
not exceed 1.5 pounds of sulfur dioxide per million Btu heat input from the
process heater.
2. The sulfur
dioxide emissions from any stack serving any fuel burning equipment firing
residual fuel oil may not exceed 1.5 pounds of sulfur dioxide per million Btu
heat input.
3. The sulfur dioxide
emissions from any Claus sulfur recovery plant may not exceed:
a. 0.025% by volume of sulfur dioxide at zero
percent oxygen on a dry basis, if emissions are controlled by an oxidation
control system or a reduction control system followed by
incineration.
b. 0.030% by volume
of reduced sulfur compounds and 0.0010% by volume of hydrogen sulfide
calculated as sulfur dioxide at zero percent oxygen on a dry basis, if
emissions are controlled by a reduction control system not followed by
incineration.
(4) MORE RESTRICTIVE EMISSION LIMITS. The department may require a source to meet a more restrictive emission limitation than an applicable emission limitation provided under sub. (2) or (3) if the department determines that a more restrictive emission limitation is required to ensure that the source will not cause or exacerbate a violation of an ambient air quality standard or air increment for sulfur dioxide.
(5) ALTERNATE EMISSION LIMITS. The department may grant an alternate emission limitation to a source which is subject to an emission limitation in sub. (2) (a), (c), (e), (f) or (g) if the following conditions are met:
(a) The owner or operator
of the source submits a written request for an alternate emission limitation
which outlines the specific conditions or special circumstances which prevent
the source from complying with the applicable emission limitation in sub. (2)
and which contains a proposed alternate emission limitation for the
source.
(b) The owner or operator
of the source demonstrates that the proposed alternate emission limitation will
not delay attainment or prevent maintenance of an ambient air quality standard
for sulfur dioxide, as demonstrated by air quality modeling acceptable to the
department.
(c) If the source is
subject to the emission limitation in sub. (2) (a) or (c), the proposed
alternate emission limitation may not exceed 5.5 pounds of sulfur dioxide per
million Btu heat input for any fuel burning equipment firing solid fossil fuel;
or 3.0 pounds of sulfur dioxide per million Btu heat input for any fuel burning
equipment firing residual fuel oil. The alternate emission limitation of 5.5
pounds of sulfur dioxide per million Btu heat input for solid fossil fuel
burning equipment may be calculated on a 30-day rolling average for a source,
if there is one or more other sulfur dioxide emission limitations applicable to
the source which would assure the attainment and maintenance of the ambient air
quality standards for sulfur dioxide.
(e) The owner or operator of the source
demonstrates that there is a substantial cost difference between the costs
required for the source's compliance with the applicable emission limitation in
sub. (2) and the costs required for the source's compliance with the proposed
alternate emission limitation.
(f)
The owner or operator of the source demonstrates that the ambient air quality
impact of the emissions from the source while emitting at the proposed
alternate emission limitation, when added to the background concentration of
sulfur dioxide in the vicinity of the source, does not exceed 75% of the
ambient air quality standards for sulfur dioxide. In calculating the 75%
figure, sulfur dioxide emissions from sources which are regulated under ch. NR
440 may not be considered. The condition in this paragraph may be waived by the
department if a public hearing is held on the proposed alternate emission
limitation and the public comments on the proposed alternate emission
limitation indicate that there is no significant opposition to waiving this
condition.
(g) The projected annual
emissions of sulfur dioxide from the source, resulting from the proposed
alternate emission limitation, will not exceed the annual sulfur dioxide
emissions from the source in calendar years 1979 to 1983, either in terms of
the highest total tons of sulfur dioxide per calendar year or in terms of the
highest annual average emission rate, as expressed in pounds of sulfur dioxide
per million Btu for steam generating units or fuel burning equipment or in
pounds of sulfur dioxide per ton of air dried unbleached pulp for process
sources at a kraft mill or sulfite mill. This condition does not apply to a
source which is authorized by statute to increase its annual emissions of
sulfur dioxide, to fuel burning equipment which had the capability of firing
residual fuel oil but which derived more than 50% of its annual heat input from
natural gas for each calendar year from 1979 to 1983, or to fuel burning
equipment which had the capability of firing coal but which derived more than
50% of its annual heat input from wood or wood waste for each calendar year
from 1979 to 1983.
(h) The owner or
operator of the source submits an application for and receives an elective
operation permit or a modification to an operation permit for the
source.
(6) COMPLIANCE SCHEDULES.
(a) When a source is subject to
the emission limitations of sub. (2), the owner or operator shall achieve final
compliance with those emission limitations and so certify to the department on
or before December 31, 1987.
(7) COMPLIANCE DEMONSTRATIONS.
(a) For purposes of determining compliance
with the emission limitations of sub. (2) or the alternate emission limitations
of sub. (5), the owner or operator of the source shall use one or more of the
following:
1. Installation, calibration,
maintenance and operation of a continuous emission monitor, utilizing equipment
and procedures reviewed and approved by the department under s.
NR 439.09.
2.
Collection and analysis of fuel used, utilizing equipment and procedures
reviewed and approved by the department under s.
NR 439.08.
3.
Emission testing, utilizing equipment and procedures reviewed and approved by
the department under s.
NR 439.07.
4.
Other appropriate methods reviewed and approved by the department.
(b) An owner or operator of a
source subject to the emission limitations of sub. (2) or the alternate
emission limitations of sub. (5), shall maintain complete records of emissions
data and calculations used to verify emissions data at the premises of the
source and shall make such records available for inspection upon request by
authorized representatives of the department during regular business
hours.
(8) VARIANCE FROM EMISSION LIMITS.
(a) The department may grant
a source-specific variance from an emission limitation provided in sub. (2), an
alternate emission limitation authorized under sub. (5) or a compliance
schedule in sub. (6) if compliance with the emission limitations of subs. (2)
and (5) or the compliance schedule of sub. (6) are shown to be technologically
or economically infeasible. A variance may be granted, by setting alternate
emission limitations or alternate compliance schedules, or both, provided that:
1. The variance will not delay attainment or
prevent maintenance of an ambient air quality standard for sulfur dioxide, as
determined by methods acceptable to the department.
2. The owner or operator of the source for
which a variance is requested demonstrates that all direct or portable sources
owned or operated in the state by such person are in compliance with all
applicable requirements of chs.
NR
400 to
499 or are on a schedule for
complying with such requirements.
3. The owner or operator submits to the
department on or before December 31, 1985 a request for a source-specific
variance which demonstrates, to the department's satisfaction, that compliance
with the applicable emission limitation or compliance schedule from which a
variance is sought is technologically or economically infeasible.
(b) A request for a
source-specific variance under this subsection shall be signed by the principal
executive officer, sole proprietor, principal governmental executive or elected
official or a duly authorized representative of the source and shall contain
the following information:
1. The specific
conditions or special circumstances which make compliance with the applicable
emission limitation or compliance schedule by the source technologically or
economically infeasible.
2. If a
variance from an emission limitation is sought, the owner or operator shall
submit proposed emission limitations.
3. If a variance from a compliance schedule
is sought, the owner or operator shall submit a proposed compliance schedule
which demonstrates reasonable further progress toward final compliance and
contains a date for final compliance as soon as practicable.
4. Other relevant information as required by
the department.
(c) The
department, in acting upon any request for a variance under this subsection,
shall:
1. Act on a request for a variance
within 65 business days of the filing of a completed request.
2. Offer, through public notice, the
opportunity for public comments including, if requested, a public
hearing.
3. State in writing the
reasons for denying, or granting, or for granting in modified form, any request
for a variance.
(d) The
department may, after notice and opportunity for hearing, revoke or modify any
variance for any of the following reasons:
1.
Any term or condition of the variance has been violated.
2. Changes in ambient air quality indicate
that the source has a significant adverse impact on the attainment or
maintenance of any ambient air quality standard for sulfur dioxide.
3. The owner or operator did not act in good
faith in demonstrating the technological or economic infeasibility of
compliance with the applicable emission limitation or compliance schedule or in
submitting other relevant information in support of the variance
request.
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