Wisconsin Administrative Code
Department of Natural Resources
NR 400-499 - Environmental Protection - Air Pollution Control
Chapter NR 428 - Control Of Nitrogen Compound Emissions
Subchapter III - NOx Emissions Performance Program Monitoring And Reporting Provisions
Section NR 428.08 - Specific provisions for monitoring NOx and heat input for the purpose of calculating NOx emissions

Universal Citation: WI Admin Code § NR 428.08

Current through August 26, 2024

(1) UTILITY UNITS. This subsection applies to NO x emissions units subject to the requirements of s. NR 428.05 (3) (a).

(a) Coal-fired units. The owner or operator of a coal-fired boiler shall do one of the following:

1. Meet the general operating requirements in 40 CFR 75.10 for an NO x-diluent continuous emission monitoring system, consisting of an NO x pollutant concentration monitor, an O 2- or CO 2-diluent gas monitor and a data acquisition and handling system, to measure NO x emission rate, and for a flow monitoring system and an O 2- or CO 2-diluent gas monitor to measure heat input, except as provided in accordance with subpart E of 40 CFR part 75.

2. Meet the general operating requirements in 40 CFR 75.10 for an NO x concentration monitoring system, consisting of an NO x pollutant concentration monitor and a data acquisition and handling system, to measure NO x concentration and for a flow monitoring system. In addition, if heat input is required to be reported under this chapter, the owner or operator also shall meet the general operating requirements for a flow monitoring system and an O 2- or CO 2-diluent gas monitor to measure heat input, or, if applicable, use the procedures in Appendix D to 40 CFR part 75, incorporated by reference in s. NR 484.04 (27). These requirements shall be met, except as provided in subpart E of 40 CFR part 75.

(b) Moisture correction. If a correction for the stack gas moisture content is needed to properly calculate the NO x emission rate in pounds per million Btu, i.e., if the NO x pollutant concentration monitor measures on a different moisture basis from the diluent monitor, or NO x mass emissions in tons, i.e., if the NO x concentration monitoring system or diluent monitor measures on a different moisture basis from the flow rate monitor, the owner or operator of a boiler shall account for the moisture content of the flue gas on a continuous basis in accordance with 40 CFR 75.11(b) except that the term "SO 2" shall be replaced by the term "NO x".

(c) Gaseous fuel-fired nonpeaking units or oil-fired nonpeaking units. The owner or operator of a boiler or combustion turbine that, based on information submitted in the monitoring plan, qualifies as a gaseous fuel-fired or oil-fired unit but not as a peaking unit, as defined in 40 CFR 72.2, shall do one of the following:

1. Meet the requirements of par. (a) and, if applicable, par. (b).

2. Meet the general operating requirements in 40 CFR 75.10 for an NO x-diluent continuous emission monitoring system, except as provided in accordance with 40 CFR part 75 Subpart E, and use the procedures specified in Appendix D to 40 CFR part 75, incorporated by reference in s. NR 484.04 (27), for determining hourly heat input.

(d) Gaseous fuel-fired or oil-fired peaking units. The owner or operator of a boiler or combustion turbine that qualifies as a peaking unit and as either gaseous fuel-fired or oil-fired, as defined in 40 CFR 72.2, based on information submitted in the monitoring plan, shall do one of the following:

1. Meet the requirements of par. (c).

2. Use the procedures in 40 CFR part 75 Appendix D, incorporated by reference in s. NR 484.04 (27), for determining hourly heat input and the procedures specified in 40 CFR part 75 Appendix E, incorporated by reference in s. NR 484.04 (27), for estimating the hourly NO x emission rate. In addition, if after certification of an excepted monitoring system under 40 CFR part 75 Appendix E, a unit's operations exceed a capacity factor of 20.0% in any calendar year or exceed a capacity factor of 10.0% averaged over 3 years, the owner or operator shall meet the requirements of par. (c) or, if applicable, par. (e), by no later than December 31 of the following calendar year.

(e) Other units. The owner or operator of a boiler or combustion turbine that combusts wood, refuse or other materials shall comply with the monitoring provisions specified in par. (a) and, where applicable, par. (b).

(2) OTHER UNITS. This subsection applies to NO x emissions units subject to the requirements of s. NR 428.04 (2) or 428.05 (3) (b) to (e).

(a) Coal-fired units. The owner or operator of a coal-fired boiler shall do one of the following:

1. Meet the general operating requirements in 40 CFR 60.13 for an NO x-diluent continuous emission monitoring system, consisting of an NO x pollutant concentration monitor, an O 2- or CO 2-diluent gas monitor, and a data acquisition and handling system, to measure NO x emission rate, and for a flow monitoring system and an O 2- or CO 2-diluent gas monitor to measure heat input, except as provided in accordance with 40 CFR 60.13(i).

2. Meet the general operating requirements in 40 CFR 60.13 for an NO x concentration monitoring system, consisting of an NO x pollutant concentration monitor and a data acquisition and handling system, to measure NO x concentration and for a flow monitoring system. In addition, if heat input is required to be reported under this chapter, the owner or operator also shall meet the general operating requirements for a flow monitoring system and an O 2- or CO 2-diluent gas monitor to measure heat input, or, if applicable, use the procedures in Appendix E to 40 CFR part 75, incorporated by reference in s. NR 484.04 (27). These requirements shall be met, except as provided in 40 CFR 60.13(i).

(b) Moisture correction. If a correction for the stack gas moisture content is needed to properly calculate the NO x emission rate in pounds per million Btu, i.e., if the NO x pollutant concentration monitor measures on a different moisture basis from the diluent monitor, or NO x mass emissions in tons, i.e., if the NO x concentration monitoring system or diluent monitor measures on a different moisture basis from the flow rate monitor, the owner or operator of an NO x emissions unit subject to the requirements of this subchapter shall account for the moisture content of the flue gas on a continuous basis in accordance with 40 CFR 75.11(b) except that the term "SO 2" shall be replaced by the term "NO x".

1. Meet the requirements of par. (a) and, if applicable, par. (b).

2. Meet the general operating requirements in 40 CFR 60.13 for an NO x-diluent continuous emission monitoring system, except as provided in accordance with 40 CFR 60.13(i), and use the procedures specified in Appendix D to 40 CFR part 75, incorporated by reference in s. NR 484.04 (27), for determining hourly heat input.

1. Meet the requirements of par. (c).

2. Use the procedures in 40 CFR part 75 Appendix D, incorporated by reference in s. NR 484.04 (27), for determining hourly heat input and the procedures specified in 40 CFR part 75 Appendix E, incorporated by reference in s. NR 484.04 (27), for estimating hourly NO x emission rate. In addition, if after certification of an excepted monitoring system under 40 CFR part 75 Appendix E, a unit's operations exceed a capacity factor of 20.0% in any calendar year or exceed a capacity factor of 10.0% averaged over 3 years, the owner or operator shall meet the requirements of par. (c) or, if applicable, par. (e), by no later than December 31 of the following calendar year.

(e) Boilers or turbines. The owner or operator of a boiler or combustion turbine that combusts wood, refuse or other materials shall comply with the monitoring provisions specified in par. (a) and, where applicable, par. (b).

(f) Continuous emissions monitoring. An owner or operator of an emissions unit that installs and operates a continuous NO x emissions monitoring system according to the requirements of 40 CFR part 75 satisfies requirements of this subsection.

(g) Testing. An owner or operator of an emissions unit not listed under pars. (a) to (e) shall either install and operate a continuous NOx emissions monitoring system according to the requirements under 40 CFR part 75, or do all of the following to satisfy the requirements under this subsection:

1. Keep and maintain the emissions unit manufacturer's specifications and emissions factor information for the emissions unit on-site and available for review.

2. Comply with any applicable standards under sections 111 or 112 of the Clean Air Act (42 USC 7411 or 7412).

3. Maintain the emissions unit in accordance with the manufacturer's operation and maintenance instructions.

4. Conduct an initial performance test within 180 days after initial operation and subsequent performance tests every 2 years thereafter, within 90 days of the anniversary date of the initial performance test, according to all of the following requirements, as applicable, to determine the emissions unit's NOx emissions rate for each fuel fired in the emissions unit:

a. The emissions performance test shall be conducted according to one of the following methods as applicable: Method 7, 7A, 7B, 7C, 7D, or 7E under 40 CFR part 60, Appendix A, incorporated by reference under s. NR 484.04 (15m) Table 2, or another method approved by the department in advance.

b. The initial emissions performance test shall include a determination of the capacity load point of the emissions unit's maximum NOx emissions rate based on one 30 minute test run at each capacity load point for which the unit is operated, other than for startup and shutdown, in the load ranges of 25 to 50 percent, 50 to 75 percent, and 75 to 100 percent, or other load ranges approved by or required by the department in advance.

c. The emissions performance test shall determine compliance based on the average of three test runs that are at least 60 minutes performed at the capacity load determined to have the maximum NOx emission rate under subd. 4. b.

d. An additional performance test shall be conducted according to subd. 4. b. within 90 days of completing a physical change in, or change in the method of operation that causes an increase of the hourly potential to emit of the NOx emissions rate.

e. A performance test is not required for a fuel used only for startup or for a fuel constituting 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) EXCEPTIONS.

(a) In lieu of the exceptions under s. NR 439.075 (4), all of the following exceptions apply to the testing required under sub. (2) (g):

1. The department may grant a written waiver of a scheduled test if any of the following apply:

a. The direct stationary source associated with the emissions point subject to the testing requirement will be ceasing operation within one year of a scheduled test.

b. The most recently completed results from a test conducted according to the methods and procedures specified under s. NR 439.07 for the direct stationary source demonstrate that the emissions of the air contaminant for which compliance emissions testing is required under this section are 50 percent or less of the applicable emission limitation. If a waiver from a test is granted, the owner or operator shall then conduct the next test according to the schedule under sub. (2) (g) 4.

c. The direct stationary source associated with the emissions point subject to the testing requirement has not operated more than 360 hours in the 12-month period prior to the scheduled test date.

d. The most recently completed test, conducted according to the methods and procedures specified under s. NR 439.07, was conducted less than 12 months prior to the date that testing would be required under par. (b).

e. For each fuel used, the emissions unit is certified to meet emissions standards under 40 CFR part 60 that are equal to or more restrictive than the applicable emission limitation under s. NR 428.04 or 428.05, and the emissions unit is installed and configured according to the manufacturer's specifications.

f. The emissions unit is operated only to restart electric generation in the event of a complete loss of facility power.

g. The emissions unit is operated no more than 500 hours per year and no more than 200 hours during the ozone season, and its only purpose is to provide electricity to a facility if normal electricity service is interrupted or to replace normal critical operations at a facility.

h. The emissions unit's only function is to pump water in the case of a fire emergency.

i. The emissions unit utilization is less than 10 percent of its capacity factor on an annual average basis over a 3-year rolling period and less than 20 percent of its capacity factor in any year of the 3-year rolling period and that is owned or operated by an electric generation utility or gas transmission utility.

j. The emissions unit is a research or development unit.

k. The emissions unit is an engine testing operation or process line.

L. The emissions unit is a gaseous fuel fired unit used to control VOC emissions from a commercial or industrial process.

2. The department may grant an extension of up to 180 days for compliance emissions testing if the owner or operator of a direct stationary source requests an extension, in writing, and can demonstrate that a representative emissions test cannot be performed within the time frame specified under sub. (2) (g) 4.

(b) The owner or operator shall submit a request for a waiver or extension under par. (a) 1. in writing for department review and approval at least 60 days prior to the required test date.

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