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)
R
ai is the actual average emission rate for the unit (in pounds per million Btu), determined according to
40 CFR part 75 for the portion of the calendar year for which the applicable emission limitation R
li is in effect
Rli is the applicable emission limitation for the unit (in pounds per million Btu), as specified in sub. (2), (3) or (4) or as determined under sub. (6)
HI
i is the actual heat input for the unit, (in million Btu), determined according to
40 CFR part 75 for the portion of the calendar year for which the applicable emission limitation, R
li, is in effect
NR 409.065(8)(a)2.
2. If EE
i is a negative number for any portion of the calendar year, the EE value for that portion of the calendar year shall be equal to zero (e.g., if EE
i = -100, then EE
i = 0).
where:
EE is the excess emissions for NOx for the year (in tons)
n is the number of time periods during which a unit is subject to different emission limitations
NR 409.065(8)(b)
(b) For units participating in an approved averaging plan, when all the requirements under
sub. (7) (d) 1. and
2. are not met:
where:
EE is the excess emissions for NOx for the year (in tons)
R
ai is the actual annual average emission rate for NO
x for unit i(in pounds per million Btu), determined according to
40 CFR part 75
Rli is the applicable emission limitation for unit i (in pounds per million Btu), as specified in sub. (2), (3) or (4)
HI
i is the actual annual heat input for unit i (in million Btu) determined according to
40 CFR part 75
n is the number of units in the averaging plan
NR 409.065(9)
(9) Monitoring, recordkeeping and reporting requirements. NR 409.065(9)(a)(a) Unless otherwise provided, the owners and operators of the source and each affected unit at the source shall keep on site certain relevant documents described below 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. The following documents shall be kept at the source:
NR 409.065(9)(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 409.065(9)(a)3.
3. Copies of all reports, compliance certifications and other submissions and all records made or required under the acid rain program.
