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).
NR 409.065(6)(f)2.a.a. If the department determines that the requirements in this subsection are met, the department shall approve an alternative emission limitation and issue or revise an acid rain portion of an operation permit to apply the approved limitation, in accordance with
s. NR 409.11. The permit shall authorize the unit to emit at a rate not greater than the approved alternative emission limitation, starting the date the department revises an acid rain portion of an operation permit to approve an alternative emission limitation.
NR 409.065(6)(f)2.b.
b. If the department disapproves an alternative emission limitation under
subd. 2. a., the owner or operator shall operate the affected unit in compliance with the applicable emission limitation in
sub. (2),
(3) or
(4), unless the unit is participating in an approved averaging plan under
sub. (7), beginning on the date the department revises an acid rain portion of an operation permit to disapprove an alternative emission limitation.
NR 409.065(6)(f)3.a.a. If, upon review of a petition to renew an approved alternative emission limitation, the department determines that no changes have been made to the control technology, its operation, the operating conditions on which the alternative emission limitation was based or the actual NO
x emission rate, the alternative emission limitation shall be renewed.
NR 409.065(6)(f)3.b.
b. If the department determines that changes have been made to either the control technology, its operation, the fuel quality or the operating conditions on which the alternative emission limitation was based, the designated representative shall submit, in order to renew the alternative emission limitation or to obtain a new alternative emission limitation, a petition for an alternative emission limitation demonstration period that meets the requirements of
par. (d) using a new demonstration period.
NR 409.065(6)(g)1.a.a. Each unit with an approved alternative emission limitation demonstration period shall comply with the interim emission limitation specified in the unit's permit beginning on the effective date of the demonstration period specified in the permit and, if a timely petition for a final alternative emission limitation is submitted, extending until the date on which the department issues or revises an acid rain portion of an operation permit to approve or disapprove an alternative emission limitation. If a timely petition is not submitted, then the unit shall comply with the standard emission limit under
sub. (2),
(3) or
(4) beginning on the date the petition was required to be submitted under
par. (c) 2.
NR 409.065(6)(g)1.b.
b. When the owner or operator identifies, during the demonstration period, boiler or NO
x emission control system operating modifications or upgrades that would produce further NO
x emission reductions, enabling the affected unit to comply with or bring its emission rate closer to the applicable emissions limitation under
sub. (2),
(3) or
(4), the designated representative may submit a request and the department may grant, by administrative revision under
s. NR 409.12 (4), an extension of the demonstration period for a period of time not to exceed 12 months as may be necessary to implement the modifications or upgrades.
NR 409.065(6)(g)1.c.
c. If the approved interim alternative emission limitation applies to a unit for part, but not all, of a calendar year, the unit shall determine compliance for the calendar year in accordance with the procedures in
sub. (8) (a).
NR 409.065(6)(g)1.d.
d. A unit with an approved alternative emission limitation demonstration period shall be operated under load dispatch conditions consistent with the operating conditions upon which the design of the NO
x emission control system and performance guarantee were based, and in accordance with the demonstration period plan.
NR 409.065(6)(g)1.e.
e. A unit with an approved alternative emission limitation demonstration period shall install all NO
x emission control systems, make any operational modifications, and complete any upgrades and maintenance to equipment specified in the approved demonstration period plan for optimizing NO
x emission reduction performance.
NR 409.065(6)(g)1.f.
f. When the owner or operator identifies boiler or NO
x emission control system operating modifications or upgrades that would produce further NO
x emission reductions, enabling the affected unit to comply with or bring its emission rate closer to the applicable emission limitation under
sub. (2),
(3) or
(4), the designated representative may submit a request and the department may grant, by administrative revision under
s. NR 409.12 (4), a revision to the unit's acid rain portion of an operation permit and demonstration period plan to include the modifications or upgrades.
NR 409.065(6)(g)1.g.
g. A unit with an approved alternative emission limitation demonstration period shall monitor in accordance with
40 CFR part 75 and shall conduct all tests required under the approved demonstration period plan.
NR 409.065(6)(g)2.a.a. Each unit with an approved alternative emission limitation shall comply with the alternative emission limitation specified in the unit's permit beginning on the date specified in the permit as issued or revised by the department to apply the final alternative emission limitation.
NR 409.065(6)(g)2.b.
b. If the approved interim or final alternative emission limitation applies to a unit for part, but not all, of a calendar year, the unit shall determine compliance for the calendar year in accordance with the procedures in
sub. (8) (a).
NR 409.065(7)(a)1.1. In lieu of complying with the applicable emission limitation in
sub. (2),
(3) or
(4), any affected units subject to such emission limitation, under control of the same owner or operator, and having the same designated representative may average their NO
x emissions under an averaging plan approved under this subsection.
NR 409.065(7)(a)2.
2. Each affected unit included in an averaging plan for Phase II shall be a boiler subject to an emission limitation in
sub. (2),
(3) or
(4) for all years for which the unit is included in the plan.
NR 409.065(7)(a)3.
3. Each unit included in an averaging plan shall have an alternative contemporaneous annual emission limitation (pounds per million Btu) and can only be included in one averaging plan.
NR 409.065(7)(a)4.
4. Each unit included in an averaging plan shall have a minimum allowable annual heat input value (million Btu), if it has an alternative contemporaneous annual emission limitation more stringent than that unit's applicable emission limitation under
sub. (2),
(3) or
(4), and a maximum allowable annual heat input value, if it has an alternative contemporaneous annual emission limitation less stringent than that unit's applicable emission limitation under
sub. (2),
(3) or
(4).
NR 409.065(7)(a)5.
5. The Btu-weighted annual average emission rate for the units in an averaging plan shall be less than or equal to the Btu-weighted annual average emission rate for the same units had they each been operated, during the same period of time, in compliance with the applicable emission limitations in
sub. (2),
(3) or
(4).
