Wisconsin Administrative Code
Department of Natural Resources
NR 400-499 - Environmental Protection - Air Pollution Control
Chapter NR 428 - Control Of Nitrogen Compound Emissions
Subchapter I - NOx Emissions Performance Program General Provisions
Section NR 428.04 - Requirements and performance standards for new or modified sources
Universal Citation: WI Admin Code ยง NR 428.04
Current through August 26, 2024
(1) APPLICABILITY. The requirements of this section apply to emissions units described in this section that are located in the county of Kenosha, Milwaukee, Ozaukee, Racine, Washington or Waukesha and that are constructed or that undergo a major modification, as that term is described in ch. NR 405 or 408, after February 1, 2001. When determining whether an emissions unit undergoes a major modification for purposes of this section, any increase in CO emissions resulting from the operation of the emissions unit, or operation of NO x emissions control equipment for purposes of meeting state or federal NO x emission requirements, will not be considered in the emissions calculations.
(2) PERFORMANCE STANDARDS.
(a)
Boilers.
1. Solid fuel-fired units. No person may
cause, allow or permit nitrogen oxides to be emitted from a solid fuel-fired
boiler in amounts greater than those specified in this subdivision.
a. 0.15 pound per million Btu of heat input
on a 30-day rolling average basis for boilers with a maximum design heat input
of 250 million Btu per hour or greater.
b. 0.20 pound per million Btu of heat input
on a 30-day rolling average basis for boilers with a maximum design heat input
of less than 250 million Btu per hour.
2. Gaseous fuel-fired units. No person may
cause, allow or permit nitrogen oxides to be emitted from a gaseous fuel-fired
boiler with a maximum design heat input of 25 million Btu per hour or greater
in an amount greater than 0.05 pound per million Btu of heat input on a 30-day
rolling average basis.
3.
Distillate fuel oil-fired boilers. No person may cause, allow or permit
nitrogen oxides to be emitted from a distillate fuel oil-fired boiler with a
maximum design heat input of 25 million Btu per hour or greater in an amount
greater than 0.09 pound per million Btu of heat input on a 30-day rolling
average basis.
4. Residual fuel
oil-fired boilers. No person may cause, allow or permit nitrogen oxides to be
emitted from a residual fuel oil-fired boiler with a maximum design heat input
of 25 million Btu per hour or greater in an amount greater than 0.15 pound per
million Btu of heat input on a 30-day rolling average basis.
5. Kraft recovery boilers. No person may
cause, allow or permit nitrogen oxides to be emitted from a kraft recovery
boiler with a maximum design heat input of 50 million Btu per hour or greater
in an amount greater than 0.10 pound per million Btu of heat input on a 30-day
rolling average basis.
(b)
Cement kilns, lime kilns and
calciners. No person may cause, allow or permit nitrogen oxides to be
emitted from a cement kiln, lime kiln or calciner with a maximum design heat
input of 50 million Btu per hour or greater in amounts greater than those
specified in this paragraph.
1. 0.10 pound per
million Btu on a 30-day rolling average basis when burning gaseous
fuel.
2. 0.12 pound per million Btu
on a 30-day rolling average basis when burning distillate fuel oil.
3. 0.20 pound per million Btu on a 30-day
rolling average basis when burning residual fuel oil.
4. 0.60 pound per million Btu on a 30-day
rolling average basis when burning solid fuel.
(c)
Reheat, annealing and galvanizing
furnaces. No person may cause, allow or permit nitrogen oxides to be
emitted from a reheat furnace, annealing furnace or galvanizing furnace with a
maximum design heat input of 50 million Btu per hour or greater in an amount
greater than 0.10 pound per million Btu on a 30-day rolling average
basis.
(d)
Glass
furnaces. No person may cause, allow or permit nitrogen oxides to be
emitted from a glass furnace with a maximum design heat input of 50 million Btu
per hour or greater in an amount greater than 4.0 pounds per ton of pulled
glass on a 30-day rolling average basis.
(e)
Asphalt plants. No
person may cause, allow or permit nitrogen oxides to be emitted from an asphalt
plant with a maximum design heat input of 50 million Btu per hour or greater in
amounts greater than those specified in this paragraph.
1. 0.15 pound per million Btu of heat input
on a 30-day rolling average basis when burning gaseous fuel.
2. 0.20 pound per million Btu of heat input
on a 30-day rolling average basis when burning distillate fuel oil.
3. 0.27 pound per million Btu of heat input
on a 30-day rolling average basis when burning residual fuel oil or waste
oil.
(f)
Process
heating units. No person may cause, allow or permit nitrogen oxides to
be emitted from a process heater, dryer, oven or other external combustion unit
with a maximum design heat input of 50 million Btu per hour or greater in
amounts greater than those specified in this paragraph.
1. 0.10 pound per million Btu of heat input
on a 30-day rolling average basis when burning gaseous fuel.
2. 0.12 pound per million Btu of heat input
on a 30-day rolling average basis when burning distillate fuel oil.
(g)
Combustion
turbines.
1. Gaseous fuel-fired
units. Except as provided in subds. 3. and 4., no person may cause, allow or
permit nitrogen oxides to be emitted from a gaseous fuel-fired combustion
turbine in amounts greater than those specified in this subdivision.
a. 12 parts per million dry volume (ppmdv),
corrected to 15% oxygen, on a 30-day rolling average basis for a simple cycle
combustion turbine with a maximum design power output of 85 MWe or
greater.
b. 9 parts per million dry
volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average basis for
a simple cycle combustion turbine with a maximum design power output of 40 MWe
or greater but less than 85 MWe.
c.
25 parts per million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day
rolling average basis for a simple cycle combustion turbine with a maximum
design power output of less than 40 MWe.
d. 9 parts per million dry volume (ppmdv),
corrected to 15 percent oxygen, on a 30-day rolling average basis for a
combined cycle combustion turbine with a maximum design power output of 25 MWe
or greater.
e. 14 parts per million
dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average basis
for a combined cycle combustion turbine with a maximum design power output of
less than 25 MWe.
2.
Distillate fuel oil-fired units. No person may cause, allow or permit nitrogen
oxides to be emitted from a distillate fuel oil-fired combustion turbine in
amounts greater than those specified in this subdivision.
a. 25 parts per million dry volume (ppmdv),
corrected to 15% oxygen, on a 30-day rolling average basis for a simple cycle
combustion turbine with a maximum design power output of 85 MWe or
greater.
b. 25 parts per million
dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average basis
for a simple cycle combustion turbine with a maximum design power output of 40
MWe or greater but less than 85 MWe.
c. 65 parts per million dry volume (ppmdv),
corrected to 15% oxygen, on a 30-day rolling average basis for a simple cycle
combustion turbine with a maximum design power output of less than 40
MWe.
d. 8 parts per million dry
volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average basis for
a combined cycle combustion turbine with a maximum design power output of 25
MWe or greater.
e. 25 parts per
million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling
average basis for a combined cycle combustion turbine with a maximum design
power output of less than 25 MWe.
3. Units fired by an integrated gasification
process. No person may cause, allow or permit nitrogen oxides to be emitted
from a combined cycle combustion turbine that is fired by fuel derived from an
integrated gasification process in amounts greater than 15 parts per million
dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average
basis.
4. Units fired by a
biologically derived gaseous fuel. No person may cause, allow or permit
nitrogen oxides to be emitted from a biologically derived gaseous fuel fired
combustion turbine in amounts greater than those specified in this subdivision.
a. 35 parts per million dry volume (ppmdv),
corrected to 15% oxygen, on a 30-day rolling average basis for a simple cycle
combustion turbine.
b. 35 parts per
million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling
average basis for a combined cycle combustion turbine.
(h)
Reciprocating
engines. No person may cause, allow or permit nitrogen oxides to be
emitted from a reciprocating engine in amounts greater than those specified in
this paragraph.
1. 6.9 grams per brake
horsepower-hour for a compression ignition unit with a maximum design power
output of 1000 hp or greater.
2.
4.0 grams per brake horsepower-hour for a spark ignition unit with a maximum
design power output of 1000 hp or greater.
(i)
Emissions units using secondary
fuel. An emissions unit that is capable of firing secondary fuel is
not subject to the requirements under this subsection when utilizing only a
secondary fuel if any of the following apply:
1. The emissions unit heat input capacity or
maximum design power output while utilizing the secondary fuel is less than the
applicability thresholds under this subsection.
2. The emissions unit burns the secondary
fuel only during any of the following periods:
a. Supply interruption or curtailment of
primary fuel. The secondary fuel usage under this paragraph may not exceed 500
hours within a 12 consecutive month time period unless the owner or operator
obtains a fuel variance under s.
NR 436.06.
b.
Periodic testing, maintenance, or operator training of the secondary fuel when
the periodic testing, maintenance, or operator training does not exceed a
combined total of 48 hours during any calendar year.
3. The secondary fuel constitutes less than 1
percent on an energy equivalent basis of the emissions unit's fuel consumption
within the most recent 12 consecutive month time period.
(3) MONITORING REQUIREMENTS.
(a)
General requirements.
1. The owner or operator of each NO x
emissions unit subject to the requirements of sub. (2) shall comply with the
monitoring requirements of subch. III.
2. The emissions measurements recorded and
reported in accordance with subch. III shall be used to determine compliance by
the unit with the applicable NO x emissions performance standard under sub.
(2).
(b)
Specific requirements. The owner or operator of each NO x
emissions unit subject to the requirements of sub. (2) shall determine the
unit's average NO x emission rate using methods and procedures specified in 40
CFR part 60, Appendix B, incorporated by reference in s.
NR 484.04 (21), or other emissions monitoring methods
approved by the department.
(4) RECORDKEEPING AND REPORTING REQUIREMENTS.
(a) Except as provided in subd. 1., the owner
or operator of each NO x emissions unit subject to the requirements of this
section shall keep on site at the source each of the following documents for a
period of 5 years from the date the document is created.
1. All emissions monitoring information, in
accordance with subch. III; except that, to the extent that subch. III provides
for a 3-year period for record retention, the 3-year period shall
apply.
2. Copies of all reports,
compliance certifications and other submissions and all records made or
required under the NO x emissions performance program.
(b) The owner or operator of the NO x
emissions source shall submit the compliance reports and certifications
required under the NO x emissions performance program in conjunction with those
required under the construction permit requirements of ch. NR 406 and the
operation permit requirements of s.
NR 407.09.
(c) The owner or operator claiming exemption
from the requirements under sub. (2) pursuant to sub. (2) (i) shall keep a
record of all of the following:
1. Each
occurrence when a secondary fuel was burned in accordance with the provisions
under sub. (2) (i).
2. The reason
for each occurrence when a secondary fuel was burned in accordance with the
provisions under sub. (2) (i).
3.
The monthly and yearly total hours for each occurrence when a secondary fuel
was burned in accordance with the provisions under sub. (2) (i).
4. Other relevant information as required by
the department.
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