Register January 2010 No. 649
Chapter NR 409
ACID RAIN PORTION OF OPERATION PERMITS
NR 409.01 Applicability; purpose; and scope.
NR 409.04 New units exemption.
NR 409.05 Retired units exemption.
NR 409.055 Non-cogeneration industrial utility units exemption.
NR 409.06 Standard requirements.
NR 409.065 Nitrogen oxides requirements.
NR 409.07 Designated representative.
NR 409.08 Application for the acid rain portion of an operation permit.
NR 409.09 Acid rain compliance plan and compliance options.
NR 409.10 Acid rain portion of an operation permit.
NR 409.11 Acid rain portion of an operation permit issuance procedures.
NR 409.12 Revisions of acid rain provisions.
NR 409.13 Compliance certification.
NR 409.01
NR 409.01
Applicability; purpose; and scope. NR 409.01(1)(a)(a) Each of the following emissions units is an affected unit and any source that includes such a unit shall be an affected source subject to the requirements of the acid rain program:
NR 409.01(1)(a)2.
2. An existing unit that is identified in Table 2 or 3 of
40 CFR 73.10 and any other existing utility unit, except a unit excluded under
par. (b).
NR 409.01(1)(a)3.b.
b. Did not serve a generator with a nameplate capacity greater than 25 MWe on November 15, 1990 but serves such a generator after November 15, 1990.
NR 409.01(1)(a)3.c.
c. Was a simple cycle combustion turbine on November 15, 1990 but adds or uses auxiliary firing after November 15, 1990.
NR 409.01(1)(a)3.d.
d. Was an exempt cogeneration facility under
par. (b) 4. but during any 3 calendar year period after November 15, 1990 sold, to a utility power distribution system, an annual average of more than one-third of its potential electrical out-put capacity and more than 219,000 MWe-hrs electric output, on a gross basis.
NR 409.01(1)(a)3.e.
e. Was an exempt qualifying facility under
par. (b) 5. but, at any time after the later of November 15, 1990 or the date the facility commences commercial operation, fails to meet the definition of a qualifying facility as defined in
s. NR 409.02.
NR 409.01(1)(a)3.f.
f. Was an exempt independent power production facility under
par. (b) 6. but, at any time after the later of November 15, 1990 or the date the facility commences commercial operation, fails to meet the definition of independent power production facility.
NR 409.01(1)(a)3.g.
g. Was an exempt solid waste incinerator under
par. (b) 7. but during any 3 calendar year period after November 15, 1990 consumes 20% or more of the total heat input, expressed on a Btu basis, as fossil fuel.
NR 409.01(1)(b)
(b) The following types of utility units are exempt from the requirements of this chapter and the acid rain program:
NR 409.01(1)(b)1.
1. A simple cycle combustion turbine that commenced operation before November 15, 1990.
NR 409.01(1)(b)2.
2. Any unit that commenced commercial operation before November 15, 1990 and that did not, as of November 15, 1990, and does not serve a generator with a nameplate capacity of greater than 25 MWe.
NR 409.01(1)(b)3.
3. Any unit that, during 1985, did not serve a generator that produced electricity for sale and that did not, as of November 15, 1990, and does not serve a generator that produces electricity for sale.
NR 409.01(1)(b)4.a.
a. For a unit that commenced construction on or prior to November 15, 1990, was constructed for the purpose of supplying equal to or less than one-third its potential electrical output capacity or equal to or less than 219,000 MWe-hrs actual electric output on an annual basis to any utility power distribution system for sale on a gross basis. If the purpose of construction is not known, it is presumed to be consistent with the actual operation from 1985 to 1987. However, if in any 3 calendar year period after November 15, 1990, the unit sells to a utility power distribution system an annual average of more than one-third of its potential electrical output capacity and more than 219,000 MWe-hrs actual electric output on a gross basis, that unit is an affected unit, subject to the requirements of this chapter and the acid rain program.
NR 409.01(1)(b)4.b.
b. For a unit that commenced construction after November 15, 1990, supplies equal to or less than one-third its potential electrical output capacity or equal to or less than 219,000 MWe-hrs actual electric output on an annual basis to any utility power distribution system for sale on a gross basis. However, if in any 3 calendar year period after November 15, 1990, the unit sells to a utility power distribution system an annual average of more than one-third of its potential electrical output capacity and more than 219,000 MWe-hrs actual electric output on a gross basis, that unit is an affected unit, subject to the requirements of this chapter and the acid rain program.
NR 409.01(1)(b)5.a.
a. Has, as of November 15, 1990, one or more qualifying power purchase commitments to sell at least 15% of its total planned net output capacity; and
NR 409.01(1)(b)5.b.
b. Consists of one or more units designated by the owner or operator with total installed net output capacity not exceeding 130% of the total planned net output capacity. If the emissions rates of the units are not the same, the administrator may exercise discretion to designate which units are exempt.
NR 409.01(1)(b)6.a.
a. Has, as of November 15, 1990, one or more qualifying power purchase commitments to sell at least 15% of its total planned net output capacity; and
NR 409.01(1)(b)6.b.
b. Consists of one or more units designated by the owner or operator with total installed net output capacity not exceeding 130% of its total planned net output capacity. If the emissions rates of the units are not the same, the administrator may exercise discretion to designate which units are exempt.
NR 409.01(1)(b)7.
7. A solid waste incinerator, if more than 80%, on a Btu basis, of the annual fuel consumed at the incinerator is other than fossil fuels. For a solid waste incinerator which began operation before January 1, 1985, the average annual fuel consumption of non-fossil fuels for calendar years 1985 to 1987 shall be greater than 80% for an incinerator to be exempt. For a solid waste incinerator which began operation after January 1, 1985, the average annual fuel consumption of non-fossil fuels for the first 3 years of operation shall be greater than 80% for an incinerator to be exempt. If, during any 3 calendar year period after November 15, 1990, the incinerator consumes 20% or more of the total heat input, expressed on a Btu basis, as fossil fuel, the incinerator is an affected source under this chapter and the acid rain program.
NR 409.01(1)(c)
(c) For a determination of applicability, a certifying official of an owner or operator of any unit may petition the administrator under
40 CFR 72.6 (c). The administrator's determination of applicability shall be binding upon the department, unless the petition is found to have contained significant errors or omissions.
NR 409.01(2)
(2) Purpose. The purpose of this chapter is to establish certain general provisions and the acid rain portion of the operation permit program requirements for affected sources and affected units under the acid rain program, pursuant to title IV of the clean air act (
42 USC 7651 to
7651o),
40 CFR part 72 and s.
285.65 (12), Stats.
NR 409.01(3)
(3) Scope. The regulations under this chapter set forth certain generally applicable provisions under the acid rain program. The regulations also set forth requirements for obtaining and revising the acid rain portion of an operation permit issued by the department. The requirements under this chapter supplement, and in some cases modify, the requirements under
chs. NR 406 and
407 as such requirements apply to affected sources under the acid rain program.
NR 409.01 History
History: Cr.
Register, September, 1986, No. 369, eff. 10-1-86; am. (2),
Register, May, 1992, No. 437, eff. 6-1-92; am.
Register, December, 1993, No. 456, eff. 1-1-94; renum. (1) to NR 406.15 (1), r. (2), cr. (1), (2), (3),
Register, April, 1995, No. 472, eff. 5-1-95; cr. (1) (b) 9. and (d), am. (1) (c),
Register, November, 1999, No. 527, eff. 12-1-99; correction in (2) made under s. 13.93 (2m) (b) 7., Stats.,
Register, November, 1999, No. 527.
NR 409.02
NR 409.02
Definitions. The definitions contained in
chs. NR 400,
406 and
407 and title IV of the act (
42 USC 7651 to
7651o) apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter:
NR 409.02(1)
(1) “Acid rain compliance option" means one of the methods of compliance used by an affected unit under the acid rain program as described in a compliance plan submitted and approved in accordance with
s. NR 409.09 or regulations implementing section 407 of the act (
42 USC 7651f).
NR 409.02(2)(a)1.
1. The tonnage equivalent of the allowances authorized to be allocated to an affected unit for use in a calendar year under section 404 (a) (1) and (3) of the act (
42 USC 7651c) or the basic phase II allowance allocations authorized to be allocated to an affected unit for use in a calendar year;
NR 409.02(2)(a)2.c.
c. By allowance transfers to or from the compliance subaccount for that unit that were recorded or properly submitted for recordation by the allowance transfer deadline as provided in
40 CFR 73.35, after deductions and other adjustments are made pursuant to
40 CFR 73.34 (c).
NR 409.02(3)
(3) “Acid rain emissions reduction requirement" means a requirement under the acid rain program to reduce the emissions of sulfur dioxide or nitrogen oxides from a unit to a specified level or by a specified percentage.
NR 409.02(4)
(4) “Acid rain portion of an operation permit" means the legally binding written document, or portion of an operation permit, issued by the department which specifies the acid rain program requirements applicable to an affected source and to the owners and operators and the designated representative of the affected source or the affected unit.
NR 409.02(5)
(5) “Actual SO
2 emissions rate" means the annual average sulfur dioxide emissions rate for the unit, expressed in lb/mmBtu, for the specified calendar year; provided that, if the unit is listed in the national allowance database (NADB), the “1985 actual SO
2 emissions rate" for the unit shall be the rate specified by the administrator in the NADB under the data field “SO2RTE."
NR 409.02(7)
(7) “Allocate" or “allocation" means the initial crediting of an allowance by the administrator to an allowance tracking system unit account or general account.
NR 409.02(8)
(8) “Allowance deduction" or “deduct", when referring to allowances, means the permanent withdrawal of allowances by the administrator from an allowance tracking system compliance subaccount to account for the number of tons of SO
2 emitted from an affected unit for the calendar year, for tonnage emissions estimates calculated for periods of missing data as provided in
40 CFR part 75, or for any other allowance surrender obligations of the acid rain program.
NR 409.02(9)
(9) “Allowances held" or “hold allowances" means the allowances recorded by the administrator or submitted to the administrator for recordation in accordance with
40 CFR 73.50, in an allowance tracking system account.
NR 409.02(10)
(10) “Allowance tracking system" means the acid rain program system by which the administrator allocates, records, deducts and tracks allowances.
NR 409.02(11)
(11) “Allowance tracking system account" means an account in the allowance tracking system established by the administrator for purposes of allocating, holding, transferring and using allowances.
NR 409.02(12)
(12) “Allowance transfer deadline" means midnight of March 1 (or February 29 in a leap year) or, if March 1 (or February 29 in a leap year) is not a business day, midnight of the first business day thereafter and is the deadline by which allowances may be submitted for recordation in an affected unit's compliance subaccount for the purposes of meeting the unit's acid rain emissions limitation requirements for sulfur dioxide for the previous calendar year.
NR 409.02(12g)
(12g) ``Alternative contemporaneous annual emission limitation" means the maximum allowable NO
x emission rate (on a pound per million BTU, annual average basis) assigned to an individual unit in a NO
x emissions averaging plan pursuant to
s. NR 409.065 (7).
NR 409.02(12m)
(12m) ``Alternative technology" means a control technology for reducing NO
x emissions that is outside the scope of the definition of low NO
x burner technology. Alternative technology does not include overfire air as applied to wall-fired boilers or separated overfire air as applied to tangentially fired boilers.
NR 409.02(12s)
(12s) ``Arch-fired boiler" means a dry bottom boiler with circular burners, or coal and air pipes, oriented downward and mounted on waterwalls that are at an angle significantly different from the horizontal axis and the vertical axis. This definition shall include only the following units: Holtwood unit 17, Hunlock unit 6, and Sunbury units 1A, 1B, 2A, and 2B. This definition shall exclude dry bottom turbo-fired boilers.
NR 409.02 Note
Note: Arch-fired boilers that are wet bottom boilers are specifically excluded from this definition.
NR 409.02(13)
(13) “Authorized account representative" means a responsible natural person who is authorized, in accordance with
40 CFR part 73, to transfer and otherwise dispose of allowances held in an allowance tracking system general account; or, in the case of a unit account, the designated representative of the owners and operators of the affected unit.
NR 409.02(14)
(14) “Auxiliary firing" means combustion of a fuel that supplements the primary fuel, when more than 5% of an affected unit's heat input is provided by the supplemental fuel.
NR 409.02(15)
(15) “Baseline", for purposes of the acid rain program, means the annual average quantity of fossil fuel consumed by a unit, measured in millions of Btus for calendar years 1985 through 1987; provided that in the event that a unit is listed in the NADB, the baseline will be calculated for each unit-generator pair that includes the unit, and the unit's baseline will be the sum of such unit-generator baselines. The unit-generator baseline shall be as provided in the NADB under the data field “BASE8587", as adjusted by the outage hours listed in the NADB under the data field “OUTAGEHR" in accordance with the following equation: -
See PDF for diagram 
where “months not on line" is the number of months during January 1985 through December 1987 prior to the commencement of firing for units that commenced firing in that period, i.e., the number of months, in that period, prior to the on-line month listed under the data field “BLRMNONL" and the on-line year listed in the data field “BLRYRONL" in the NADB.
NR 409.02(16)(a)
(a) For calendar years 2000 to 2009, allocations of allowances made by the administrator pursuant to sections 403 and 405 (b) (1), (3) and (4); (c) (1), (2), (3) and (5); (d) (1), (2), (4) and (5); (e); (f); (g) (1), (2), (3), (4) and (5); (h) (1); (i); and (j) of the act (
42 USC 7651b and
7651d).
