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 NO
x 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 NO
x emission rate, in pounds per million Btu, using the methods and procedures specified in
40 CFR part 75.
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 NO
x 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)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 NO
x 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)1.1. Nitrogen oxides. A unit that is governed by an approved early election plan shall be subject to an emissions limitation for NO
x 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.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.
NR 409.065(5)(d)3.d.
d. If an early election plan is terminated any year prior to 2000, the unit shall meet, beginning January 1, 2000, the applicable emissions limitation for NO
x for Phase II units with Group 1 boilers under
sub. (4).
NR 409.065(5)(d)3.e.
e. If an early election plan is terminated in or after 2000, the unit shall meet, beginning on the effective date of the termination, the applicable emissions limitation for NO
x for Phase II units with Group 1 boilers under
sub. (4).
NR 409.065(6)(a)(a) General provisions. The designated representative of an affected unit that is not an early election unit pursuant to
sub. (5) and cannot meet the applicable emission limitation in
sub. (2),
(3) or
(4) using, for Group 1 boilers, either low NO
x burner technology or an alternative technology in accordance with
par. (e) 11., or, for tangentially-fired boilers, separated overfire air, or, for Group 2 boilers, the technology on which the applicable emission limitation is based may petition the department for an alternative emission limitation less stringent than the applicable emission limitation. In order for the unit to qualify for an alternative emission limitation, the designated representative shall demonstrate that the affected unit cannot meet the applicable emission limitation in
sub. (2),
(3) or
(4) based on a showing, to the satisfaction of U.S. EPA, that all of the following apply:
NR 409.065(6)(a)1.a.
a. For a tangentially-fired boiler, the owner or operator has either properly installed low NO
x burner technology or properly installed separated overfire air.
NR 409.065(6)(a)1.b.
b. For a dry bottom wall-fired boiler, other than a unit applying cell burner technology, the owner or operator has properly installed low NO
x burner technology.
NR 409.065(6)(a)1.c.
c. For a Group 1 boiler, the owner or operator has properly installed an alternative technology, including but not limited to reburning, selective noncatalytic reduction or selective catalytic reduction, that achieves NO
x emission reductions demonstrated in accordance with
par. (e) 11.
NR 409.065(6)(a)1.d.
d. For a Group 2 boiler, the owner or operator has properly installed the appropriate NO
x emission control technology on which the applicable emission limitation in
sub. (3) is based.
NR 409.065(6)(a)2.
2. The installed NO
x emission control system has been designed to meet the applicable emission limitation in
sub. (2),
(3) or
(4).
NR 409.065(6)(a)3.
3. For a demonstration period of at least 15 months or other period of time, as provided in
par. (f) 1., all of the following:
NR 409.065(6)(a)3.a.
a. The NO
x emission control system has been properly installed and properly operated according to specifications and procedures designed to minimize the emissions of NO
x to the atmosphere.
NR 409.065(6)(a)3.b.
b. Unit operating data as specified in this section show that the unit and NO
x emission control system were operated in accordance with the bid and design specifications on which the design of the NO
x emission control system was based.
NR 409.065(6)(a)3.c.
c. Unit operating data as specified in this section, continuous emission monitoring data obtained pursuant to
40 CFR part 75, and the test data specific to the NO
x emission control system show that the unit could not meet the applicable emission limitation in
sub. (2),
(3) or
(4).
NR 409.065(6)(b)
(b) Petitioning process. The petitioning process for an alternative emission limitation shall consist of the following steps:
NR 409.065(6)(b)1.
1. The owner or operator establishes, through unit operation during a period of at least 3 months following the installation of the NO
x emission control system, that the specific unit and its NO
x emission control system were unable to meet the applicable emissions limitation under
sub. (2),
(3) or
(4) while operated in accordance with the design operating conditions and with vendor specifications and procedures.
NR 409.065(6)(b)2.
2. The owner or operator submits a petition for an alternative emission limitation demonstration period as specified in
par. (d).
NR 409.065(6)(b)3.
3. The owner or operator demonstrates, during a demonstration period of at least 15 months or other period of time as provided in
par. (f) 1., that the specific unit is able to meet neither the applicable emissions limitation under
sub. (2),
(3) or
(4) nor the minimum NO
x emissions rate that the specific unit can achieve during long-term load dispatch operation.
NR 409.065(6)(b)4.
4. The owner or operator submits a petition for a final alternative emission limitation as specified in
par. (e).
NR 409.065(6)(c)1.1. Petition for an alternative emission limitation demonstration period. The designated representative of the unit shall submit a petition for an alternative emission limitation demonstration period to the department after the unit has been operated for at least 3 months after installation of the NO
x emission control system required under
par. (a) and not later than either of the following:
NR 409.065(6)(c)1.a.
a. 120 days after January 1 of the calendar year in which the alternative emission limitation demonstration period is to begin.
NR 409.065(6)(c)1.b.
b. 120 days after startup of the NO
x emission control system if the unit is not operating at the beginning of that calendar year.
NR 409.065(6)(c)2.
2. Petition for a final alternative emission limitation. Not later than 90 days after the end of an approved alternative emission limitation demonstration period for the unit, the designated representative of the unit may submit a petition for an alternative emission limitation to the department.
NR 409.065(6)(c)3.
3. Renewal of an alternative emission limitation. In order to request continuation of an alternative emission limitation, the designated representative shall submit a petition to renew the alternative emission limitation on the date that the application for renewal of the source's acid rain portion of an operation permit containing the alternative emission limitation is due.
NR 409.065(6)(d)
(d) Contents of petition for an alternative emission limitation demonstration period. The designated representative of an affected unit that has met the minimum criteria under
par. (a) and that has been operated for a period of at least 3 months following the installation of the required NO
x emission control system may submit to the department a petition for an alternative emission limitation demonstration period. In the petition, the designated representative shall provide all of the following information:
NR 409.065 Note
Note: NOx control technologies include, but are not limited to, the following: low NOx burner technology, selective noncatalytic reduction, selective catalytic reduction and reburning.
NR 409.065(6)(d)3.
3. If an alternative technology is installed, the time period, not less than 6 consecutive months, prior to installation of the technology to be used for the demonstration required in
par. (e) 11.
NR 409.065(6)(d)4.
4. Documentation as set forth in
sub. (9) (b) showing that the installed NO
x emission control system has been designed to meet the applicable emission limitation in
sub. (2),
(3) or
(4) and that the system has been properly installed according to procedures and specifications designed to minimize the emissions of NO
x to the atmosphere.
NR 409.065(6)(d)5.
5. The date the unit commenced operation following the installation of the NO
x emission control system or the date the specific unit became subject to the emission limitations of
sub. (2),
(3) or
(4), whichever is later.
NR 409.065(6)(d)6.
6. The dates of the operating period, which shall be at least 3 months long.
NR 409.065(6)(d)7.
7. Certification by the designated representative that the owner or owners or operator operated the unit and the NO
x emission control system during the operating period in accordance with all of the following:
NR 409.065(6)(d)7.a.
a. Specifications and procedures designed to achieve the maximum NO
x reduction possible with the installed NO
x emission control system or the applicable emission limitation in
sub. (2),
(3) or
(4).
NR 409.065(6)(d)7.b.
b. The operating conditions upon which the design of the NO
x emission control system was based.
NR 409.065(6)(d)8.
8. A brief statement describing the reason or reasons why the unit cannot achieve the applicable emission limitation in
sub. (2),
(3) or
(4).
NR 409.065(6)(d)10.
10. Unit operating data and quality-assured continuous emission monitoring data, including the specific data items listed in
sub. (9) (d), collected in accordance with
40 CFR part 75 during the operating period and demonstrating the inability of the specific unit to meet the applicable emission limitation in
sub. (2),
(3) or
(4) on an annual average basis while operating as certified under
subd. 7.
NR 409.065(6)(d)11.
11. An interim alternative emission limitation, in pounds per million Btu, that the unit can achieve during a demonstration period of at least 15 months. The interim alternative emission limitation shall be derived from the data specified in
subd. 10. using methods and procedures satisfactory to U.S. EPA.
NR 409.065(6)(d)12.
12. The proposed dates of the demonstration period, which shall be at least 15 months long.
NR 409.065(6)(d)13.
13. A report which outlines the testing and procedures to be taken during the demonstration period in order to determine the maximum NO
x emission reduction obtainable with the installed system. The report shall include the reasons for the NO
x emission control system's failure to meet the applicable emission limitation, and the tests and procedures that will be followed to optimize the NO
x emission control system's performance. Tests and procedures may include those identified in
s. NR 439.098 as appropriate.
NR 409.065(6)(e)
(e) Contents of petition for a final alternative emission limitation. After the approved demonstration period, the designated representative of the unit may petition the department for an alternative emission limitation. The petition shall include all of the following elements:
NR 409.065(6)(e)2.
2. Certification that the owner or owners or operator operated the affected unit and the NO
x emission control system during the demonstration period in accordance with all of the following:
NR 409.065(6)(e)2.a.
a. Specifications and procedures designed to achieve the maximum NO
x reduction possible with the installed NO
x emission control system or the applicable emissions limitation in
sub. (2),
(3) or
(4).
NR 409.065(6)(e)2.b.
b. The operating conditions including load dispatch conditions upon which the design of the NO
x emission control system was based.
NR 409.065(6)(e)3.
3. Certification that the owner or owners or operator have installed in the affected unit all NO
x emission control systems, made any operational modifications, and completed any planned upgrades and maintenance to equipment specified in the approved demonstration period plan for optimizing NO
x emission reduction performance, consistent with the demonstration period plan and the proper operation of the installed NO
x emission control system. The certification shall explain any differences between the installed NO
x emission control system and the equipment configuration described in the approved demonstration period plan.
NR 409.065(6)(e)4.
4. A clear description of each step or modification taken during the demonstration period to improve or optimize the performance of the installed NO
x emission control system.
NR 409.065(6)(e)5.
5. Engineering design calculations and drawings that show the technical specifications for installation of any additional operational or emission control modifications installed during the demonstration period.
NR 409.065(6)(e)6.
6. Unit operating and quality-assured continuous emission monitoring data, including the specific data listed in
sub. (9) (e), collected in accordance with
40 CFR part 75 during the demonstration period and demonstrating the inability of the specific unit to meet the applicable emission limitation in
sub. (2),
(3) or
(4) on an annual average basis while operating in accordance with the certification under
subd. 2.
NR 409.065(6)(e)7.
7. A report, based on the parametric test requirements in the approved demonstration period plan as identified in
par. (d) 13., that demonstrates the unit was operated in accordance with the operating conditions upon which the design of the NO
x emission control system was based and describes the reason or reasons for the failure of the installed NO
x emission control system to meet the applicable emission limitation in
sub. (2),
(3) or
(4) on an annual-average basis.
NR 409.065(6)(e)8.
8. The minimum NO
x emission rate, in pounds per million Btu, that the affected unit can achieve on an annual average basis with the installed NO
x emission control system. This value, which shall be the requested alternative emission limitation, shall be derived from the data specified in this section using methods and procedures satisfactory to U.S. EPA and shall be the lowest annual emission rate the unit can achieve with the installed NO
x emission control system.
NR 409.065(6)(e)9.
9. All supporting data and calculations documenting the determination of the requested alternative emission limitation and its conformance with the methods and procedures satisfactory to U.S. EPA.
NR 409.065(6)(e)11.
11. In addition to the other requirements of this section, the owner or operator of an affected unit with a Group 1 boiler that has installed an alternative technology, in addition to or in lieu of low NO
x burner technology, and cannot meet the applicable emission limitation in
sub. (2) shall demonstrate, to the satisfaction of U.S. EPA, that the actual percentage reduction in NO
x emissions (pounds per million Btu), on an annual average basis is greater than 65% of the average annual NO
x emissions prior to the installation of the NO
x emission control system. The percentage reduction in NO
x emissions shall be determined using continuous emissions monitoring data for NO
x taken during the time period, under
par. (d) 3., prior to the installation of the NO
x emission control system and during long-term load dispatch operation of the specific boiler.
NR 409.065(6)(f)1.a.a. The department may approve an alternative emission limitation demonstration period and demonstration period plan, provided that the requirements of this section are met to the satisfaction of the department. The department shall disapprove a demonstration period if the requirements of
par. (a) were not met during the operating period.
NR 409.065(6)(f)1.b.
b. If the demonstration period is approved, the department shall include, as part of the demonstration period, the 4-month period prior to submission of the application in the demonstration period.
NR 409.065(6)(f)1.c.
c. During the alternative emission limitation demonstration period, a unit may emit at a rate not greater than the interim alternative emission limitation on or after the applicable date established in
sub. (3) or
(4) and until the date that U.S. EPA approves or denies a final alternative emission limitation.
NR 409.065(6)(f)1.d.
d. After an alternative emission limitation demonstration period is approved, if the designated representative requests an extension of the demonstration period in accordance with
par. (g) 1. b., the department may extend the demonstration period by administrative revision under
s. NR 409.12 (4) to the acid rain portion of an operation permit.
NR 409.065(6)(f)1.e.
e. The department shall deny the demonstration period if the designated representative cannot demonstrate that the unit met the requirements of
par. (a) during the operating period. In those cases, the department shall require that the owner or operator operate the unit in compliance with the applicable emission limitation in
sub. (2),
(3) or
(4) for the period preceding the submission of the application for an alternative emission limitation demonstration period, including the operating period, if the periods are after the date on which the unit is subject to the standard limit under
sub. (2),
(3) or
(4).
