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.
NR 409.065(9)(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 409.065(9)(b)
(b) In accordance with
sub. (6) (d) 4., a petition for an alternative emission limitation demonstration period shall include the following information:
NR 409.065(9)(b)1.
1. Documentation that the owner or operator solicited bids for a NO
x emission control system designed for application to the specific boiler and designed to achieve the applicable emission limitation in
sub.(2),
(3) or
(4) on an annual average basis. This documentation shall include a copy of all bid specifications.
NR 409.065(9)(b)2.
2. A copy of the performance guarantee submitted by the vendor of the installed NO
x emission control system to the owner or operator showing that the system was designed to meet the applicable emission limitation in
sub. (2),
(3) or
(4) on an annual average basis.
NR 409.065(9)(b)3.
3. Documentation describing the operational and combustion conditions that are the basis of the performance guarantee.
NR 409.065(9)(b)4.
4. Certification by the primary vendor of the NO
x emission control system that the equipment and associated auxiliary equipment was properly installed according to the modifications and procedures specified by the vendor.
NR 409.065(9)(b)5.
5. Certification by the designated representative that the owner or owners or operator installed technology that meets the requirements of
sub. (6) (a).
NR 409.065(9)(c)
(c) In accordance with
sub. (6) (d) 9., a petition for an alternative emission limitation demonstration period shall include the following information:
NR 409.065(9)(c)1.
1. The operating conditions of the NO
x emission control system including load range, O
2 range, coal volatile matter range, and, for tangentially fired boilers, distribution of combustion air within the NO
x emission control system.
NR 409.065(9)(c)2.
2. Certification by the designated representative that the owner or owners or operator have achieved and are following the operating conditions, boiler modifications and upgrades that formed the basis for the system design and performance guarantee.
NR 409.065(9)(c)3.
3. Any planned equipment modifications and upgrades for the purpose of achieving the maximum NO
x reduction performance of the NO
x emission control system that were not included in the design specifications and performance guarantee, but that were achieved prior to submission of this application and are being followed.
NR 409.065(9)(c)4.
4. A list of any modifications or replacements of equipment that are to be done prior to the completion of the demonstration period for the purpose of reducing emissions of NO
x.
NR 409.065(9)(c)5.
5. The parametric testing that will be conducted to determine the reason or reasons for the failure of the unit to achieve the applicable emission limitation and to verify the proper operation of the installed NO
x emission control system during the demonstration period. The tests shall include tests in
s. NR 439.098, which may be modified according to the following criteria:
NR 409.065(9)(c)5.a.
a. The owner or operator of the unit may add tests to those listed in
s. NR 439.098, if the additions provide data relevant to the failure of the installed NO
x emission control system to meet the applicable emissions limitation in
sub. (2),
(3) or
(4); or
NR 409.065(9)(c)5.b.
b. The owner or operator of the unit may remove tests listed in
s. NR 439.098 that are shown, to the satisfaction of the department, not to be relevant to NO
x emissions from the affected unit; and
NR 409.065(9)(c)5.c.
c. In the event the performance guarantee or the NO
x emission control system specifications require additional tests not listed in
s. NR 439.098, or specify operating conditions not verified by tests listed in
s. NR 439.098, the owner or operator of the unit shall include additional tests.
NR 409.065(9)(d)
(d) In accordance with
sub. (6) (d) 10., a petition for an alternative emission limitation demonstration period shall include all of the following information for the operating period:
NR 409.065(9)(d)1.
1. The average NO
x emission rate (in pounds per million Btu) of the specific unit.
NR 409.065(9)(d)2.
2. The highest hourly NO
x emission rate (in pounds per million Btu) of the specific unit.
NR 409.065(9)(d)4.
4. Total heat input (in million Btu) for the unit for each hour of operation, calculated in accordance with the requirements of
40 CFR part 75.
NR 409.065(9)(d)5.
5. Total integrated hourly gross unit load (in megawatts, gross, electrical).
NR 409.065(9)(e)
(e) A petition for an alternative emission limitation shall include all of the following information in accordance with
sub. (6) (e) 6.:
NR 409.065(9)(e)1.
1. Total heat input (in million Btu) for the unit for each hour of operation, calculated in accordance with the requirements of
40 CFR part 75.
NR 409.065(9)(e)3.
3. Total integrated hourly gross unit load (in megawatts, gross, electrical).
NR 409.065 History
History: Cr.,
Register, November, 1999, No. 527, eff. 12-1-99; correction (1) (a) made under s. 13.93 (2m) (b) 7., Stats.,
Register October 2003 No. 574.
NR 409.07
NR 409.07
Designated representative. NR 409.07(1)(a)(a) The designated representative shall submit a certificate of representation, and any superseding certificate of representation, to the administrator in accordance with subpart B of
40 CFR part 72 and, concurrently, shall submit a copy to the department.
NR 409.07(1)(b)
(b) Each submission under the acid rain program shall be submitted, signed and certified by the designated representative for all sources on behalf of which the submission is made.
NR 409.07(1)(c)
(c) In each submission under the acid rain program, the designated representative shall certify, by his or her signature:
NR 409.07(1)(c)1.
1. The following statement, which shall be included verbatim in the submission: “I am authorized to make this submission on behalf of the owners and operators of the affected source or affected units for which the submission is made."
NR 409.07(1)(c)2.
2. The following statement, which shall be included verbatim in the submission: “I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment."
NR 409.07(1)(d)
(d) The department shall accept or act on a submission made on behalf of owners or operators of an affected source and an affected unit only if the submission has been made, signed and certified in accordance with
pars. (b) and
(c).
NR 409.07(1)(e)
(e) The designated representative of a source shall serve notice on each owner and operator of the source and of an affected unit at the source:
NR 409.07(1)(e)1.
1. By the date of submission, of any acid rain program submissions by the designated representative;
NR 409.07(1)(e)2.
2. Within 10 business days of receipt of a determination, of any written determination by the administrator or the department; and
NR 409.07(1)(e)3.
3. Provided that the submission or determination covers the source or the unit.
NR 409.07(1)(f)
(f) The designated representative of a source shall provide each owner and operator of an affected unit at the source a copy of any submission or determination under
par. (e), unless the owner or operator expressly waives the right to receive a copy.
NR 409.07(2)(a)(a) Except as provided in
40 CFR 72.23, no objection or other communication submitted to the administrator or the department concerning the authorization, or any submission, action or inaction, of the designated representative shall affect any submission, action or inaction of the designated representative, or the finality of any decision by the department, under the acid rain program. In the event of a communication, the department is not required to stay any submission or the effect of any action or inaction under the acid rain program.
NR 409.07(2)(b)
(b) The department may not adjudicate any private legal dispute concerning the authorization or any submission, action or inaction of any designated representative, including private legal disputes concerning the proceeds of allowance transfers.
