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 428.05 - Requirements and performance standards for existing sources
Universal Citation: WI Admin Code ยง NR 428.05
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, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington or Waukesha and that were initially constructed on or before February 1, 2001.
(2) NO x emissions optimization.
(a) The requirements of this
subsection do not apply to emissions units which are subject to the emission
limits of sub. (3).
(b) Except as
provided under par. (a), (c), or (f) the following categories of NOx emissions
units listed under this subsection shall complete a combustion optimization to
minimize NOx emissions in accordance with s.
NR 439.096 by December 31, 2002:
1. Solid fuel-fired boilers with a maximum
design heat input of 75 million Btu per hour or greater and operated during the
2000 ozone season or a later ozone season with a capacity factor of at least
20%.
2. Natural gas-fired boilers
with a maximum design heat input of 75 million Btu per hour or greater and
operated during the 2000 ozone season or a later ozone season with a capacity
factor of at least 20%.
3.
Distillate or residual fuel oil-fired boilers with a maximum design heat input
of 75 million Btu per hour or greater and operated during the 2000 ozone season
or a later ozone season with a capacity factor of at least 20%.
4. Cement kilns, lime kilns and calciners
with a maximum design heat input of 75 million Btu per hour or greater and
operated during the 2000 ozone season or a later ozone season with a capacity
factor of at least 20%.
5. Reheat
furnaces, annealing furnaces and galvanizing furnaces with a maximum design
heat input of 75 million Btu per hour or greater and operated during the 2000
ozone season or a later ozone season with a capacity factor of at least
20%.
6. Glass manufacturing
furnaces with a maximum design heat input of 75 million Btu per hour or greater
and operated during the 2000 ozone season or a later ozone season with a
capacity factor of at least 20%.
(c) An emissions unit described in par. (b)
which first operates with a capacity factor exceeding 20% in an ozone season
after the 2000 ozone season shall complete a combustion optimization by
December 31 of the calendar year following that ozone season.
(d) The owner or operator of an NO
x emissions unit subject to a combustion optimization
requirement under par. (b) shall operate the emissions unit in a manner
consistent with the results of the combustion optimization.
(e) The owner or operator of a source subject
to the NO x emissions optimization requirements of this
subsection shall perform monitoring sufficient to determine compliance with the
requirements of this subsection. The monitoring required under this paragraph
shall be either continuous monitoring of NO x emissions
or periodic monitoring of parameters adequate to ascertain the quality of the
combustion and shall conform to the source's approved combustion optimization
plan pursuant to s.
NR 439.096.
(f) 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) PERFORMANCE STANDARDS.
(a)
Utility boilers. No
person may cause, allow or permit nitrogen oxides to be emitted from a boiler
owned or operated by a utility as defined in s.
NR 409.02 (84) with a maximum design heat input of 500
million Btu per hour or greater in excess of the most stringent of the
following limits, as applicable, during the ozone season:
1. 0.33 pound per million Btu of heat input
on a 30-day rolling average basis, on or after December 31, 2002.
2. 0.31 pound per million Btu of heat input
on a 30-day rolling average basis, on or after December 31, 2003.
3. 0.30 pound per million Btu of heat input
on a 30-day rolling average basis, on or after December 31, 2004.
4. 0.29 pound per million Btu of heat input
on a 30-day rolling average basis, on or after December 31, 2005.
5. 0.29 pound per million Btu of heat input
on a 30-day rolling average basis, on or after December 31, 2006.
6. 0.28 pound per million Btu of heat input
on a 30-day rolling average basis, on or after December 31, 2007.
(b)
Other
boilers. The requirements of this paragraph apply to boilers which are
not subject to the emission limits of par. (a).
1. Solid fuel-fired units. On or after
December 31, 2002, no person may cause, allow or permit nitrogen oxides to be
emitted from a solid fuel-fired boiler, with a maximum design heat input of 100
million Btu per hour or greater and operated during the 2000 ozone season or a
later ozone season with a capacity factor of at least 25%, in excess of the
following limits during the ozone season:
a.
0.45 pound per million Btu of heat input on a 30-day rolling average basis for
cyclone-fired boilers.
b. 0.20
pound per million Btu of heat input on a 30-day rolling average basis for
fluidized bed combustion boilers.
d. 0.30 pound per million Btu of heat input
on a 30-day rolling average basis for pulverized coal-fired boilers.
2. Gaseous fuel-fired units. On or
after December 31, 2002, 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 100 million Btu per hour or greater and operated during the 2000 ozone
season or a later ozone season with a capacity factor of at least 25%, in
excess of 0.10 pound per million Btu of heat input on a 30-day rolling average
basis during the ozone season.
3.
Distillate fuel oil-fired units. On or after December 31, 2002, 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 100 million Btu per hour
or greater and operated during the 2000 ozone season or a later ozone season
with a capacity factor of at least 25%, in excess of 0.12 pound per million Btu
of heat input on a 30-day rolling average basis during the ozone
season.
4. Residual fuel oil-fired
units. On or after December 31, 2002, 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 100 million Btu per hour or greater and operated
during the 2000 ozone season or a later ozone season with a capacity factor of
at least 25%, in excess of 0.20 pound per million Btu of heat input on a 30-day
rolling average basis during the ozone season.
(c)
Reheat, annealing and galvanizing
furnaces. On or after December 31, 2002, 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 100 million Btu per
hour or greater and operated during the 2000 ozone season or a later ozone
season with a capacity factor of at least 25%, in excess of 0.10 pound per
million Btu heat input on a 30-day rolling average basis during the ozone
season.
(d)
Combustion
turbines. On or after December 31, 2002, no person may cause, allow or
permit nitrogen oxides to be emitted from a combustion turbine with a maximum
design power output of 50 MWe or greater in an amount greater than the
following during the ozone season:
1. Gaseous
fuel-fired units. 75 parts per million dry volume (ppmdv), corrected to 15%
oxygen, on a 30-day rolling average for units burning gaseous fuel.
2. Distillate fuel oil-fired units. 110 parts
per million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling
average basis for units burning distillate fuel oil.
(e)
Reciprocating engines.
On or after December 31, 2002, no person may cause, allow or permit nitrogen
oxides to be emitted during the ozone season from reciprocating engines with a
maximum design power output of 2000 hp or greater in excess of the following
limits:
1. 9.5 grams per brake horsepower-hour
for rich-burn units.
2. 10.0 grams
per brake horsepower-hour for lean-burn units.
3. 8.5 grams per brake horsepower-hour for
distillate fuel oil-fired units.
4.
6.0 grams per brake horsepower-hour for dual-fuel units.
(f)
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.
(4) MONITORING REQUIREMENTS.
(a)
General requirements.
1. The owner or operator of each NO
x emissions unit subject to the requirements of sub. (3)
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 NO x emissions performance standard
under sub. (3).
(b)
Specific requirements.
1. The
owner or operator of an emissions unit subject to the requirements of sub. (3)
(a) shall determine the average NO x emission rate, in
pound per million Btu, using the methods and procedures specified in 40 CFR
part 75, Appendices A through I, incorporated by reference in s.
NR 484.04 (27).
2. The owner or operator of an emissions unit
subject to any of the requirements of sub. (3) (b) to (e) 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.
(5) RECORDKEEPING AND REPORTING REQUIREMENTS.
(a) Unless otherwise provided, 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 operation permit requirements of s.
NR 407.09.
(c) The owner or operator claiming exemption
to the requirements under subs. (2) and (3) pursuant to subs. (2) (f) and (3)
(f) shall keep a record of all of the following:
1. Each occurrence when the fuel denoted
under subs. (2) (f) and (3) (f) was burned.
2. The reason for each occurrence when fuel
denoted under subs. (2) (f) and (3) (f) was burned.
3. The monthly and yearly total hours of
operation for each fuel used as specified under subs. (2) (f) and (3)
(f).
4. Other relevant information
as required by the department.
Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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