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).
NR 409.065(7)(a)6.
6. In order to demonstrate that the proposed plan is consistent with
par. (a) 4., the alternative contemporaneous annual emission limitations and annual heat input values assigned to the units in the proposed averaging plan shall meet the following requirement:
where:
RLi is the alternative contemporaneous annual emission limitation for unit i, in pounds per million Btu, as specified in the averaging plan
Rli is the applicable emission limitation for unit i, in pounds per million Btu, as specified in sub. (2), (3) or (4) except that for early election units, which may be included in an averaging plan only on or after January 1, 2000, Rli shall equal the most stringent applicable emission limitation under sub. (2) or (4); for units with an alternative emission limitation, Rli shall equal the applicable emissions limitation under sub. (2), (3) or (4), not the alternative emissions limitation
HIi is the annual heat input for unit i, in million Btu, as specified in the averaging plan
n is the number of units in the averaging plan
NR 409.065(7)(b)1.1. The designated representative of a unit meeting the requirements of
par. (a) 1. and
7. may submit an averaging plan or a revision to an approved averaging plan to the department and any other applicable permitting authorities at any time up to and including January 1 (or July 1, if the plan is restricted to only units located within the department's jurisdiction) of the calendar year for which the averaging plan is to become effective.
NR 409.065(7)(b)2.
2. The designated representative shall submit a copy of the same averaging plan, or the same revision to an approved averaging plan, to any other permitting authority with jurisdiction over a unit in the plan, and to U.S. EPA.
NR 409.065(7)(b)3.
3. When an averaging plan or a revision to an approved averaging plan is not approved, the owner or operator of each unit in the plan shall operate the unit in compliance with the emission limitation that would apply in the absence of the averaging plan or revision to a plan.
NR 409.065(7)(c)
(c) Contents of NOx averaging plan. A complete NO
x averaging plan shall include all of the following elements:
NR 409.065(7)(c)3.
3. The alternative contemporaneous annual emission limitation for each unit (in pounds per million Btu). If any of the units identified in the NO
x averaging plan utilize a common stack pursuant to
40 CFR 75.17(a)(2)(i)(B), the same alternative contemporaneous emission limitation shall be assigned to each unit and different heat input limits may be assigned.
NR 409.065(7)(d)1.1. Emission limitations. Except as provided as in
subd. 2., each affected unit in an approved averaging plan is in compliance with the acid rain emission limitation for NO
x under the plan if all of the following requirements are met:
NR 409.065(7)(d)1.a.
a. For each unit, the unit's actual annual average emission rate for the calendar year, in pounds per million Btu, is less than or equal to its alternative contemporaneous annual emission limitation in the averaging plan.
NR 409.065(7)(d)1.b.
b. For each unit with an alternative contemporaneous emission limitation less stringent than the applicable emission limitation in
sub. (2),
(3) or
(4), the actual annual heat input for the calendar year does not exceed the annual heat input limit in the averaging plan.
NR 409.065(7)(d)1.c.
c. For each unit with an alternative contemporaneous annual emission limitation more stringent than the applicable emission limitation in
sub. (2),
(3) or
(4), the actual annual heat input for the calendar year is not less than the annual heat input limit in the averaging plan.
NR 409.065(7)(d)2.
2. Group showing of compliance. If one or more of the units does not meet the requirements under
subd. 1., the designated representative shall demonstrate, in accordance with
subd. 2. a. (i.e., Equation 2) that the actual Btu-weighted annual average emission rate for the units in the plan is less than or equal to the Btu-weighted annual average 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).
NR 409.065(7)(d)2.a.
a. A group showing of compliance shall be made based on the following equation:
where:
R
ai is the actual annual average emission rate for unit i, in pounds per million Btu, as determined using the procedures in
40 CFR part 75. For units in an averaging plan utilizing a common stack pursuant to
40 CFR 75.17(a)(2)(i)(B), use the same NO
x emission rate value for each unit utilizing the common stack, and calculate this value in accordance with appendix F of
40 CFR part 75.
Rli is the applicable annual emission limitation for unit i, in pounds per million Btu, as specified in sub. (2), (3) or (4), except that for early election units, which may be included in an averaging plan only on or after January 1, 2000, Rli shall equal the most stringent applicable emission limitation under sub. (2) or (4); for units with an alternative emission limitation, Rli shall equal the applicable emission limitation under sub. (2), (3) or (4), not the alternative emission limitation
HI
ai is the actual annual heat input for unit i, in million Btu, as determined using the procedures in
40 CFR part 75
n is the number of units in the averaging plan
NR 409.065(7)(d)2.b.
b. If there is a successful group showing of compliance under
subd. 2. a. for a calendar year, then all units in the averaging plan shall be deemed to be in compliance for that year with their alternative contemporaneous emission limitations and annual heat input limits under
subd. 1.
NR 409.065(7)(d)3.
3. Liability. The owners and operators of a unit governed by an approved averaging plan shall be liable for any violation of the plan or this section at that unit or any other unit in the plan, including liability for fulfilling the obligations specified in
40 CFR part 77 and sections 113 and 411 of the act.
NR 409.065(7)(d)4.
4. Withdrawal or termination. The designated representative may submit a notification to terminate an approved averaging plan in accordance with
s. NR 409.09 (1) (d), no later than October 1 of the calendar year for which the plan is to be withdrawn or terminated.
NR 409.065(8)
(8) Compliance and excess emissions. Excess emissions of nitrogen oxides under
40 CFR 77.6 shall be calculated as follows:
NR 409.065(8)(a)1.
1. Calculate EE
i for each portion of the calendar year that the unit is subject to a different NO
x emission limitation:
where:
EEi is the excess emissions for NOx for the portion of the calendar year (in tons)
