Chapter NR 409

NR 409.06(2)(b) (b) The emissions measurements recorded and reported in accordance with 40 CFR part 75 shall be used to determine compliance by the unit with the acid rain emissions limitations and emissions reduction requirements for sulfur dioxide and nitrogen oxides under the acid rain program.

NR 409.06(2)(c) (c) The requirements of 40 CFR part 75 do not affect the responsibility of the owners and operators to monitor emissions of other pollutants or other emissions characteristics at the unit under other applicable requirements of the act and other provisions of the operation permit for the source.

NR 409.06(3) (3) Sulfur dioxide requirements.

NR 409.06(3)(a) (a) The owners and operators of each affected source and each affected unit at the source shall:

NR 409.06(3)(a)1. 1. Hold allowances, as of the allowance transfer deadline, in the unit’s compliance subaccount, after deductions under 40 CFR 73.34 (c), not less than the total annual emissions of sulfur dioxide for the previous calendar year from the unit; and

NR 409.06(3)(a)2. 2. Comply with the applicable acid rain emissions limitation for sulfur dioxide.

NR 409.06(3)(b) (b) Each ton of sulfur dioxide emitted in excess of the acid rain emissions limitations for sulfur dioxide shall constitute a separate violation.

NR 409.06(3)(c) (c) An affected unit is subject to the requirements under par. (a) as follows:

NR 409.06(3)(c)1. 1. Starting January 1, 2000, an affected unit under s. NR 409.01 (1) (a) 2.; or

NR 409.06(3)(c)2. 2. Starting on the later of January 1, 2000 or the deadline for monitor certification under 40 CFR part 75, an affected unit under s. NR 409.01 (1) (a) 3.

NR 409.06(3)(d) (d) Allowances shall be held in, deducted from or transferred among allowance tracking system accounts in accordance with the acid rain program.

NR 409.06(3)(e) (e) An allowance may not be deducted, in order to comply with the requirements under par. (a) 1., prior to the calendar year for which the allowance was allocated.

NR 409.06(3)(f) (f) An allowance allocated by the administrator under the acid rain program is a limited authorization to emit sulfur dioxide in accordance with the acid rain program. No provision of the acid rain program, the acid rain portion of an operation permit application, the acid rain portion of an operation permit or an exemption under s. NR 409.04, 409.05 or 409.055 and no provision of law may be construed to limit the authority of the United States to terminate or limit the authorization.

NR 409.06(3)(g) (g) An allowance allocated by the administrator under the acid rain program does not constitute a property right.

NR 409.06(4) (4) Nitrogen oxides requirements. The owners and operators of the source and each affected unit at the source shall comply with the applicable acid rain emissions limitation for nitrogen oxides.

NR 409.06(5) (5) Excess emissions requirements.

NR 409.06(5)(a) (a) The designated representative of an affected unit that has excess emissions in any calendar year shall submit a proposed offset plan to the administrator, as required under 40 CFR part 77, and submit a copy to the department.

NR 409.06(5)(b) (b) If one or more affected units governed by an approved NOx averaging plan under s. NR 409.065 (7) fail, after applying s. NR 409.065 (7) (d) 2. a., to meet their respective alternative contemporaneous emission limitations or annual heat input limits, then excess emissions of nitrogen oxides occur during the year at each unit. The sum of the excess emissions of nitrogen oxides of these units shall equal the amount determined under s. NR 409.065 (8) (b). The owners and operators of these units shall pay an excess emissions penalty based on the sum of the excess emissions of nitrogen oxides of the units.

NR 409.06(5)(c) (c) The owners and operators of an affected unit that has excess emissions in any calendar year shall:

NR 409.06(5)(c)1. 1. Pay to the administrator without demand the penalty required, and pay to the administrator upon demand the interest on that penalty, as required by 40 CFR part 77; and

NR 409.06(5)(c)2. 2. Comply with the terms of an approved offset plan, as required by 40 CFR part 77.

NR 409.06(6) (6) Recordkeeping and reporting requirements.

NR 409.06(6)(a) (a) Unless otherwise provided, the owners and operators of the source and each affected unit at the source 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. This period may be extended for cause, at any time prior to the end of 5 years, in writing by the administrator or department.

NR 409.06(6)(a)1. 1. The certificate of representation for the designated representative for the source and each affected unit at the source and all documents that demonstrate the truth of the statements in the certificate of representation, in accordance with 40 CFR 72.24; provided that the certificate and documents shall be retained on site at the source beyond the 5-year period until the documents are superseded because of the submission of a new certificate of representation changing the designated representative.

NR 409.06(6)(a)2. 2. All emissions monitoring information, in accordance with 40 CFR part 75; provided that to the extent that 40 CFR part 75 provides for a 3-year period for recordkeeping, the 3-year period shall apply.

NR 409.06(6)(a)3. 3. Copies of all reports, compliance certifications, and other submissions and all records made or required under the acid rain program.

NR 409.06(6)(a)4. 4. Copies of all documents used to complete an acid rain portion of an operation permit application and any other submission under the acid rain program or to demonstrate compliance with the requirements of this chapter and the acid rain program.

NR 409.06(6)(b) (b) The designated representative of an affected source and each affected unit at the source shall submit the reports and compliance certifications required under the acid rain program, including those under s. NR 409.13 and 40 CFR part 75.

NR 409.06(7) (7) Liability.

NR 409.06(7)(a) (a) Any person who knowingly violates any requirement or prohibition of the acid rain program, a complete acid rain portion of an operation permit application, an acid rain portion of an operation permit or an exemption under s. NR 409.04, 409.05 or 409.055, shall be subject to enforcement by the department pursuant to ch. NR 494 and ss. 285.83 and 285.87, Stats.

NR 409.06(7)(b) (b) Any person who knowingly makes a false, material statement in any record, submission or report under the acid rain program shall be subject to criminal enforcement by the department pursuant to ch. NR 494 and ss. 285.83 and 285.87, Stats.

NR 409.06(7)(c) (c) No permit revision may excuse any violation of the requirements of this chapter and the acid rain program that occurs prior to the date that the revision takes effect.

NR 409.06(7)(d) (d) Each affected source and each affected unit shall meet the requirements of this chapter and the acid rain program.

NR 409.06(7)(e) (e) Any provision of the acid rain program that applies to an affected source, including a provision applicable to the designated representative of an affected source, shall also apply to the owners and operators of the source and of the affected units at the source.

NR 409.06(7)(f) (f) Any provision of the acid rain program that applies to an affected unit, including a provision applicable to the designated representative of an affected unit, shall also apply to the owners and operators of the unit. Except as provided under s. NR 409.09 (2), 40 CFR 72.41, 72.42, 72.43, 74.47 and 76.11, and except with regard to the requirements applicable to units with a common stack under 40 CFR part 75, including 40 CFR 75.16, 75.17 and 75.18, the owners and operators and the designated representative of one affected unit are not liable for any violation by any other affected unit of which they are not owners or operators or the designated representative and that is located at a source of which they are not owners or operators or the designated representative.

NR 409.06(7)(g) (g) Each violation of a provision of this chapter and 40 CFR parts 72, 73, 75, 77 and 78 and regulations implementing sections 407 and 410 of the act (42 USC 7651f and 7651i) by an affected source or affected unit, or by an owner or operator or designated representative of the source or unit, shall be a separate violation.

NR 409.06(8) (8) Effect on other authorities. No provision of the acid rain program, an acid rain portion of an operation permit application, an acid rain portion of an operation permit or an exemption under s. NR 409.04, 409.05 or 409.055 may be construed as doing any of the following:

NR 409.06(8)(a) (a) Except as expressly provided in title IV of the act (42 USC 7651 to 7651o), exempting or excluding the owners and operators and, to the extent applicable, the designated representative of an affected source or affected unit from compliance with any other provision of the act, including the provisions of title I of the act relating to applicable national ambient air quality standards or state implementation plans.

NR 409.06(8)(b) (b) Limiting the number of allowances a unit can hold; provided, that the number of allowances held by the unit may not affect the source’s obligation to comply with any other provisions of the act.

NR 409.06(8)(c) (c) Requiring a change of any kind in any state law regulating electric utility rates and charges, affecting any state law regarding the state regulation, or limiting the state regulation, including any prudence review requirements under state law.

NR 409.06(8)(d) (d) Modifying the federal power act (16 USC 791a to 828c) or affecting the authority of the federal energy regulatory commission under the federal power act.

NR 409.06(8)(e) (e) Interfering with or impairing any program for competitive bidding for power supply in a state in which the program is established.

NR 409.06 History History: Cr. Register, April, 1995, No. 472, eff. 5-1-95; am. (8) (d), Register, December, 1995, No. 480, eff. 1-1-96; am. (8) (intro.), (d), Register, December, 1996. No. 492, eff. 1-1-97; renum. (5) (b) to be (5) (c), am. (2) (a), (b), (c), (3) (f), (6) (a) 2., (7) (a), (b), (f) and (8) (intro.) and cr. (4) and (5) (b), Register, November, 1999, No. 527, eff. 12-1-99.

NR 409.065 NR 409.065 Nitrogen oxides requirements.

NR 409.065(1) (1) Applicability.

NR 409.065(1)(a) (a) Except as provided in pars. (b) to (c), this section applies to each coal-fired utility unit that is subject to an acid rain emissions limitation or reduction requirement for SO2 under Phase I or Phase II pursuant to section 404, 405 or 409 of the act (42 USC 7651c, 7651d or 7651h).

NR 409.065(1)(b) (b) The emission limitations for NOx under this section apply to each affected coal-fired utility unit subject to section 404(d) or 409(b) of the act on the date the unit is required to meet the acid rain emissions reduction requirement for SO2.

NR 409.065(1)(c) (c) The provisions of this section apply to each coal-fired substitution unit or compensating unit, designated and approved by U.S. EPA as a Phase I unit pursuant to 40 CFR 72.41 or 72.43 as follows:

NR 409.065(1)(c)1. 1. A coal-fired substitution unit that is designated in a substitution plan that is approved by U.S. EPA and active as of January 1, 1995 shall be treated as a Phase I coal-fired utility unit for purposes of this section. In the event the designation of the unit as a substitution unit is terminated after December 31, 1995, pursuant to 40 CFR 72.41 and the unit is no longer required to meet Phase I SO2 emissions limitations, the provisions of this section will continue to apply.

NR 409.065(1)(c)2. 2. A coal-fired substitution unit that is designated in a substitution plan that is not approved by U.S. EPA or not active as of January 1, 1995, or a coal-fired compensating unit, shall be treated as a Phase II coal-fired utility unit for purposes of this section.

NR 409.065(2) (2) Nitrogen oxides emission limitations for group 1, phase 1 boilers.

NR 409.065(2)(a) (a) Beginning January 1, 1996, or for a unit subject to section 404(d) of the act, the date on which the unit is required to meet acid rain emission reduction requirements for SO2, the owner or operator of a Phase I coal-fired utility unit with a tangentially fired boiler or a dry bottom wall-fired boiler, other than units applying cell burner technology, may not discharge, or allow to be discharged, emissions of NOx in excess of the following limits, except as provided in par. (c) or (e) or in sub. (6) or (7):

NR 409.065(2)(a)1. 1. 0.45 pound per million Btu of heat input on an annual average basis for tangentially fired boilers.

NR 409.065(2)(a)2. 2. 0.50 pound per million Btu of heat input on an annual average basis for dry bottom wall-fired boilers other than units applying cell burner technology.

NR 409.065(2)(b) (b) The owner or operator shall determine the annual average NOx emission rate, in pound per million Btu, using the methods and procedures specified in 40 CFR part 75.

NR 409.065(2)(c) (c) Unless the unit meets the early election requirement of sub. (5), the owner or operator of a coal-fired substitution unit with a tangentially fired boiler or a dry bottom wall-fired boiler, other than units applying cell burner technology, that satisfies the requirements of sub. (1) (c) 2., shall comply with the NOx emission limitations that apply to Group 1, Phase II boilers.

NR 409.065(2)(d) (d) The owner or operator of a Phase I unit with a cell burner boiler that converts to a conventional wall-fired boiler on or before January 1, 1995 or, for a unit subject to section 404(d) of the act, the date the unit is required to meet acid rain emissions reduction requirements for SO2 shall comply, by the respective date or January 1, 1996, whichever is later, with the NOx emissions limitation applicable to dry bottom wall-fired boilers under par. (a), except as provided in par. (c) or (e) or in sub. (6) or (7).

NR 409.065(2)(e) (e) The owner or operator of a Phase I unit with a Group 1 boiler that converts to a fluidized bed or other type of utility boiler not included in Group 1 boilers on or before January 1, 1995 or, for a unit subject to section 404(d) of the act, the date the unit is required to meet acid rain emissions reduction requirements for SO2, is exempt from the NOx emissions limitations specified in par. (a), but shall comply with the NOx emission limitations for Group 2 boilers under sub. (3).

NR 409.065(2)(f) (f) Except as provided in sub. (5) and in par. (c), each unit subject to the requirements of this section is not subject to the requirements of sub. (4).

NR 409.065(3) (3) Nitrogen oxides emission limitations for group 2 boilers.

NR 409.065(3)(a) (a) Beginning January 1, 2000 or, for a unit subject to section 409(b) of the act, the date on which the unit is required to meet acid rain emission reduction requirements for SO2, the owner or operator of a Group 2 coal-fired boiler with a cell burner boiler, cyclone boiler, a wet bottom boiler or a vertically fired boiler may not discharge, or allow to be discharged, emissions of NOx to the atmosphere in excess of the following limits, except as provided in sub. (6) or (7):

NR 409.065(3)(a)1. 1. 0.68 pound per million Btu of heat input on an annual average basis for cell burner boilers. The NOx emission control technology on which the emission limitation is based is plug-in combustion controls or non-plug-in combustion controls. Except as provided in sub. (2) (d), the owner or operator of a unit with a cell burner boiler that installs non-plug-in combustion controls after November 15, 1990 shall comply with the emission limitation applicable to cell burner boilers. The owner or operator of a unit with a cell burner that installs non-plug-in combustion controls on or before November 15, 1990 shall comply with the applicable emission limitation for dry bottom wall-fired boilers.

NR 409.065(3)(a)2. 2. 0.86 pound per million Btu of heat input on an annual average basis for cyclone boilers with a maximum continuous steam flow at 100% of load of greater than 1060, in thousands of pounds per hour. The NOx emission control technology on which the emission limitation is based is natural gas reburning or selective catalytic reduction.

NR 409.065(3)(a)3. 3. 0.84 pound per million Btu of heat input on an annual average basis for wet bottom boilers, with a maximum continuous steam flow at 100% of load of greater than 450, in thousands of pounds per hour. The NOx emission control technology on which the emission limitation is based is natural gas reburning or selective catalytic reduction.

NR 409.065(3)(a)4. 4. 0.80 pound per million Btu of heat input on an annual average basis for vertically-fired boilers. The NOx emission control technology on which the emission limitation is based is combustion controls.

NR 409.065(3)(b) (b) The owner or operator shall determine the annual average NOx emission rate, in pounds per million Btu, using the methods and procedures specified in 40 CFR part 75.

NR 409.065(4) (4) Nitrogen oxides emission limitations for group 1, phase ii boilers.

NR 409.065(4)(a) (a) Beginning January 1, 2000, the owner or operator of a Group 1, Phase II coal-fired utility unit with a tangentially-fired boiler or a dry bottom wall-fired boiler may not discharge, or allow to be discharged, emissions of NOx to the atmosphere in excess of the following limits, except as provided in sub. (5), (6) or (7):

NR 409.065(4)(a)1. 1. 0.40 pound per million Btu of heat input on an annual average basis for tangentially-fired boilers.

NR 409.065(4)(a)2. 2. 0.46 pound per million Btu of heat input on an annual average basis for dry bottom wall-fired boilers other than units applying cell burner technology.

NR 409.065(4)(b) (b) The owner or operator shall determine the annual average NOx emission rate, in pounds per million Btu, using the methods and procedures specified in 40 CFR part 75.

NR 409.065(5) (5) Early election for group 1, phase ii boilers.

NR 409.065(5)(a) (a) General provisions.

NR 409.065(5)(a)1. 1. The owner or operator of a Phase II coal-fired utility unit with a Group 1 boiler may elect to have the unit become subject to the applicable emissions limitation for NOx under sub. (2), starting no later than January 1, 1997.

NR 409.065(5)(a)2. 2. The owner or operator of a Phase II coal-fired utility unit with a Group 1 boiler that elects to become subject to the applicable emission limitation under sub. (2) may not be subject to sub. (4) until January 1, 2008, provided the designated representative demonstrates that the unit is in compliance with the limitation under sub. (2), using the methods and procedures specified in 40 CFR part 75, for the period beginning January 1 of the year in which the early election takes effect, but not later than January 1, 1997, and ending December 31, 2007.

NR 409.065(5)(a)3. 3. The owner or operator of any Phase II unit with a cell burner boiler that converts to conventional burner technology may elect to become subject to the applicable emissions limitation under sub. (2) for dry bottom wall-fired boilers, provided the owner or operator complies with the provisions in subd. 2.

NR 409.065(5)(a)4. 4. The owner or operator of a Phase II unit approved for early election may not submit an application for an alternative emissions limitation demonstration period under sub. (6) until the earlier of the following:

NR 409.065(5)(a)4.a. a. January 1, 2008.

NR 409.065(5)(a)4.b. b. Early election is terminated pursuant to par. (d) 3.

NR 409.065(5)(a)5. 5. The owner or operator of a Phase II unit approved for early election may not incorporate the unit into an averaging plan prior to January 1, 2000. On or after January 1, 2000, for purposes of the averaging plan, the early election unit will be treated as subject to the applicable emissions limitation for NOx for Phase II units with Group 1 boilers under sub. (4).

NR 409.065(5)(b) (b) Submission of plan. In order to obtain early election status, the designated representative of a Phase II unit with a Group 1 boiler shall have submitted an early election plan to U.S. EPA by January 1, 1997, and U.S. EPA shall have approved the plan.

NR 409.065(5)(c) (c) Department’s action. Beginning January 1, 2000, the department shall approve any early election plan previously approved by U.S. EPA during Phase I, unless the plan is terminated pursuant to par. (d) 3.

NR 409.065(5)(d) (d) Special provisions.

NR 409.065(5)(d)1. 1. ‘Nitrogen oxides.’ A unit that is governed by an approved early election plan shall be subject to an emissions limitation for NOx as provided under par. (a) 2. except as provided under subd. 3. c.

NR 409.065(5)(d)2. 2. ‘Liability.’ The owners and operators of a unit governed by an approved early election plan shall be liable for any violation of the plan or this section at that unit. The owners and operators shall be liable, beginning January 1, 2000, for fulfilling the obligations specified in 40 CFR part 77.

NR 409.065(5)(d)3. 3. ‘Termination.’

NR 409.065(5)(d)3.a. a. An approved early election plan shall be in effect only until the earlier of January 1, 2008 or January 1 of the calendar year for which a termination of the plan takes effect.

NR 409.065(5)(d)3.b. b. If the designated representative of the unit under an approved early election plan fails to demonstrate compliance with the applicable emissions limitation under sub. (2) for any year during the period beginning January 1 of the first year the early election takes effect and ending December 31, 2007, the department shall terminate the plan. The termination shall take effect beginning January 1 of the year after the year for which there is a failure to demonstrate compliance, and the designated representative may not submit a new early election plan.

NR 409.065(5)(d)3.c. c. The designated representative of the unit under an approved early election plan may terminate the plan any year prior to 2008 but may not submit a new early election plan. In order to terminate the plan, the designated representative shall submit a notice under s. NR 409.09 (1) (d) by January 1 of the year for which the termination is to take effect.