NR 428.04 HistoryHistory: Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 02-076: cr. (2) (g) 3. Register November 2002 No. 563, eff. 12-1-02; CR 03-049: am. (2) (g) 1., cr. (2) (g) 4. Register December 2003 No. 576, eff. 1-1-04; CR 07-016: am. (2) (h) 1. and 2. Register July 2007 No. 619, eff. 8-1-07; CR 08-103: am. (1) and (3) (b) Register August 2009 No. 644, eff. 9-1-09; CR 23-017: am. (2) (g) 1. d., cr. (2) (i), (4) (c) Register March 2024 No. 819, eff. 4-1-24. NR 428.05NR 428.05 Requirements and performance standards for existing sources. NR 428.05(1)(1) Applicability. The requirements of this section apply to emissions units described in this section that are located in the county of Kenosha, Manitowoc, Milwaukee, Ozaukee, Racine, Sheboygan, Washington or Waukesha and that were initially constructed on or before February 1, 2001. NR 428.05(2)(a)(a) The requirements of this subsection do not apply to emissions units which are subject to the emission limits of sub. (3). NR 428.05(2)(b)(b) Except as provided under par. (a), (c), or (f) the following categories of NOx emissions units listed under this subsection shall complete a combustion optimization to minimize NOx emissions in accordance with s. NR 439.096 by December 31, 2002: NR 428.05(2)(b)1.1. Solid fuel-fired boilers with a maximum design heat input of 75 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 20%. NR 428.05(2)(b)2.2. Natural gas-fired boilers with a maximum design heat input of 75 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 20%. NR 428.05(2)(b)3.3. Distillate or residual fuel oil-fired boilers with a maximum design heat input of 75 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 20%. NR 428.05(2)(b)4.4. Cement kilns, lime kilns and calciners with a maximum design heat input of 75 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 20%. NR 428.05(2)(b)5.5. Reheat furnaces, annealing furnaces and galvanizing furnaces with a maximum design heat input of 75 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 20%. NR 428.05(2)(b)6.6. Glass manufacturing furnaces with a maximum design heat input of 75 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 20%. NR 428.05(2)(c)(c) An emissions unit described in par. (b) which first operates with a capacity factor exceeding 20% in an ozone season after the 2000 ozone season shall complete a combustion optimization by December 31 of the calendar year following that ozone season. NR 428.05(2)(d)(d) The owner or operator of an NOx emissions unit subject to a combustion optimization requirement under par. (b) shall operate the emissions unit in a manner consistent with the results of the combustion optimization. NR 428.05(2)(e)(e) The owner or operator of a source subject to the NOx emissions optimization requirements of this subsection shall perform monitoring sufficient to determine compliance with the requirements of this subsection. The monitoring required under this paragraph shall be either continuous monitoring of NOx emissions or periodic monitoring of parameters adequate to ascertain the quality of the combustion and shall conform to the source’s approved combustion optimization plan pursuant to s. NR 439.096. NR 428.05(2)(f)(f) An emissions unit that is capable of firing secondary fuel is not subject to the requirements under this subsection when utilizing only a secondary fuel if any of the following apply: NR 428.05(2)(f)1.1. The emissions unit heat input capacity or maximum design power output while utilizing the secondary fuel is less than the applicability thresholds under this subsection. NR 428.05(2)(f)2.2. The emissions unit burns the secondary fuel only during any of the following periods: NR 428.05(2)(f)2.a.a. Supply interruption or curtailment of primary fuel. The secondary fuel usage under this paragraph may not exceed 500 hours within a 12 consecutive month time period unless the owner or operator obtains a fuel variance under s. NR 436.06. NR 428.05(2)(f)2.b.b. Periodic testing, maintenance, or operator training of the secondary fuel when the periodic testing, maintenance, or operator training does not exceed a combined total of 48 hours during any calendar year. NR 428.05(2)(f)3.3. The secondary fuel constitutes less than 1 percent on an energy equivalent basis of the emissions unit’s fuel consumption within the most recent 12 consecutive month time period. NR 428.05(3)(a)(a) Utility boilers. No person may cause, allow or permit nitrogen oxides to be emitted from a boiler owned or operated by a utility as defined in s. NR 409.02 (84) with a maximum design heat input of 500 million Btu per hour or greater in excess of the most stringent of the following limits, as applicable, during the ozone season: NR 428.05(3)(a)1.1. 0.33 pound per million Btu of heat input on a 30-day rolling average basis, on or after December 31, 2002. NR 428.05(3)(a)2.2. 0.31 pound per million Btu of heat input on a 30-day rolling average basis, on or after December 31, 2003. NR 428.05(3)(a)3.3. 0.30 pound per million Btu of heat input on a 30-day rolling average basis, on or after December 31, 2004. NR 428.05(3)(a)4.4. 0.29 pound per million Btu of heat input on a 30-day rolling average basis, on or after December 31, 2005. NR 428.05(3)(a)5.5. 0.29 pound per million Btu of heat input on a 30-day rolling average basis, on or after December 31, 2006. NR 428.05(3)(a)6.6. 0.28 pound per million Btu of heat input on a 30-day rolling average basis, on or after December 31, 2007. NR 428.05(3)(b)(b) Other boilers. The requirements of this paragraph apply to boilers which are not subject to the emission limits of par. (a). NR 428.05(3)(b)1.1. Solid fuel-fired units. On or after December 31, 2002, no person may cause, allow or permit nitrogen oxides to be emitted from a solid fuel-fired boiler, with a maximum design heat input of 100 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 25%, in excess of the following limits during the ozone season: NR 428.05(3)(b)1.a.a. 0.45 pound per million Btu of heat input on a 30-day rolling average basis for cyclone-fired boilers. NR 428.05(3)(b)1.b.b. 0.20 pound per million Btu of heat input on a 30-day rolling average basis for fluidized bed combustion boilers. NR 428.05(3)(b)1.d.d. 0.30 pound per million Btu of heat input on a 30-day rolling average basis for pulverized coal-fired boilers. NR 428.05(3)(b)2.2. Gaseous fuel-fired units. On or after December 31, 2002, no person may cause, allow or permit nitrogen oxides to be emitted from a gaseous fuel-fired boiler, with a maximum design heat input of 100 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 25%, in excess of 0.10 pound per million Btu of heat input on a 30-day rolling average basis during the ozone season. NR 428.05(3)(b)3.3. Distillate fuel oil-fired units. On or after December 31, 2002, no person may cause, allow or permit nitrogen oxides to be emitted from a distillate fuel oil-fired boiler, with a maximum design heat input of 100 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 25%, in excess of 0.12 pound per million Btu of heat input on a 30-day rolling average basis during the ozone season. NR 428.05(3)(b)4.4. Residual fuel oil-fired units. On or after December 31, 2002, no person may cause, allow or permit nitrogen oxides to be emitted from a residual fuel oil-fired boiler, with a maximum design heat input of 100 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 25%, in excess of 0.20 pound per million Btu of heat input on a 30-day rolling average basis during the ozone season. NR 428.05(3)(c)(c) Reheat, annealing and galvanizing furnaces. On or after December 31, 2002, no person may cause, allow or permit nitrogen oxides to be emitted from a reheat furnace, annealing furnace or galvanizing furnace with a maximum design heat input of 100 million Btu per hour or greater and operated during the 2000 ozone season or a later ozone season with a capacity factor of at least 25%, in excess of 0.10 pound per million Btu heat input on a 30-day rolling average basis during the ozone season. NR 428.05(3)(d)(d) Combustion turbines. On or after December 31, 2002, no person may cause, allow or permit nitrogen oxides to be emitted from a combustion turbine with a maximum design power output of 50 MWe or greater in an amount greater than the following during the ozone season: NR 428.05(3)(d)1.1. Gaseous fuel-fired units. 75 parts per million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average for units burning gaseous fuel. NR 428.05(3)(d)2.2. Distillate fuel oil-fired units. 110 parts per million dry volume (ppmdv), corrected to 15% oxygen, on a 30-day rolling average basis for units burning distillate fuel oil. NR 428.05(3)(e)(e) Reciprocating engines. On or after December 31, 2002, no person may cause, allow or permit nitrogen oxides to be emitted during the ozone season from reciprocating engines with a maximum design power output of 2000 hp or greater in excess of the following limits: NR 428.05(3)(e)3.3. 8.5 grams per brake horsepower-hour for distillate fuel oil-fired units. NR 428.05(3)(f)(f) Emissions units using secondary fuel. An emissions unit that is capable of firing secondary fuel is not subject to the requirements under this subsection when utilizing only a secondary fuel if any of the following apply: NR 428.05(3)(f)1.1. The emissions unit heat input capacity or maximum design power output while utilizing the secondary fuel is less than the applicability thresholds under this subsection. NR 428.05(3)(f)2.2. The emissions unit burns the secondary fuel only during any of the following periods: NR 428.05(3)(f)2.a.a. Supply interruption or curtailment of primary fuel. The secondary fuel usage under this paragraph may not exceed 500 hours within a 12 consecutive month time period unless the owner or operator obtains a fuel variance under s. NR 436.06. NR 428.05(3)(f)2.b.b. Periodic testing, maintenance, or operator training of the secondary fuel when the periodic testing, maintenance, or operator training does not exceed a combined total of 48 hours during any calendar year. NR 428.05(3)(f)3.3. The secondary fuel constitutes less than 1 percent on an energy equivalent basis of the emissions unit’s fuel consumption within the most recent 12 consecutive month time period. NR 428.05(4)(a)1.1. The owner or operator of each NOx emissions unit subject to the requirements of sub. (3) shall comply with the monitoring requirements of subch. III. NR 428.05(4)(a)2.2. The emissions measurements recorded and reported in accordance with subch. III shall be used to determine compliance by the unit with the NOx emissions performance standard under sub. (3). NR 428.05(4)(b)1.1. The owner or operator of an emissions unit subject to the requirements of sub. (3) (a) shall determine the average NOx emission rate, in pound per million Btu, using the methods and procedures specified in 40 CFR part 75, Appendices A through I, incorporated by reference in s. NR 484.04 (27). NR 428.05(4)(b)2.2. The owner or operator of an emissions unit subject to any of the requirements of sub. (3) (b) to (e) shall determine the unit’s average NOx emission rate using methods and procedures specified in 40 CFR part 60, Appendix B, incorporated by reference in s. NR 484.04 (21), or other emissions monitoring methods approved by the department. NR 428.05(5)(a)(a) Unless otherwise provided, the owner or operator of each NOx emissions unit subject to the requirements of this section shall keep on site at the source each of the following documents for a period of 5 years from the date the document is created: NR 428.05(5)(a)1.1. All emissions monitoring information, in accordance with subch. III; except that, to the extent that subch. III provides for a 3-year period for record retention, the 3-year period shall apply. NR 428.05(5)(a)2.2. Copies of all reports, compliance certifications and other submissions and all records made or required under the NOx emissions performance program. NR 428.05(5)(b)(b) The owner or operator of the NOx emissions source shall submit the compliance reports and certifications required under the NOx emissions performance program in conjunction with those required under the operation permit requirements of s. NR 407.09. NR 428.05(5)(c)(c) The owner or operator claiming exemption to the requirements under subs. (2) and (3) pursuant to subs. (2) (f) and (3) (f) shall keep a record of all of the following: NR 428.05 HistoryHistory: Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 07-016: am. (3) (e) 1. to 4. Register July 2007 No. 619, eff. 8-1-07; CR 08-103: am. (1) and (4) (b) 2. Register August 2009 No. 644, eff. 9-1-09; CR 23-017: am. (2) (b), cr. (2) (f), (3) (f), (5) (c) Register March 2024 No. 819, eff. 4-1-24. NR 428.055(1)(1) Alternative authority. The owner or operator of a NOx emissions source may submit a request to the department requesting approval to establish an alternative site-specific emission limitation to one or more of the requirements under s. NR 428.04 or 428.05. The owner or operator shall demonstrate that compliance with requirements under s. NR 428.04 or 428.05 are technologically or economically infeasible. Application for an alternative to any emission limitation under this subchapter does not become effective until approved by the department and the administrator as a site-specific SIP revision and shall be subject to requirements under subs. (2) to (5). NR 428.055(2)(2) Alternative criteria. The department may not approve an alternative site-specific emission limitation under sub. (1) unless: NR 428.055(2)(a)(a) The alternative will not delay attainment or prevent maintenance of any ambient air quality standard, as determined by methods acceptable to the department. NR 428.055(2)(b)(b) The owner or operator of the air contaminant source for which an alternative is requested demonstrates that all other direct or portable sources that it owns or operates in the state are in compliance with all applicable requirements under chs. NR 400 to 499 or are on a schedule for compliance with the requirements. NR 428.055(2)(c)(c) The owner or operator submits to the department information concerning the conditions or special circumstances that demonstrate, to the department’s satisfaction, that the applicable requirements from which variance is sought are technologically or economically infeasible. In addition, all of the following conditions are applicable: NR 428.055(2)(c)1.1. The owner or operator shall submit proposed emission limitations to the department in writing. NR 428.055(2)(c)2.2. The responsible official shall sign the request for alternatives on behalf of the owner or operator. NR 428.055(2)(c)3.3. The owner or operator shall submit other relevant information as required by the department. NR 428.055(3)(3) Procedures for issuance of alternatives. The department, in acting upon any request for an alternative site-specific emission limitation under this section, shall do all of the following: NR 428.055(3)(a)(a) Act on requests for alternatives within 3 months of the filing of a completed request. NR 428.055(3)(b)(b) Offer, through public notice, the opportunity for public comments including, where requested, a public hearing. NR 428.055(3)(c)(c) State in writing the reasons for denying, granting, or for granting in modified form any request. NR 428.055(4)(4) Revocation and modification of alternatives. The department may, after notice and opportunity for hearing, revoke or modify any alternative site-specific emission limitation when any of the following occurs: NR 428.055(4)(b)(b) Changes in ambient air quality indicate that the source has a significant adverse impact as determined by methods acceptable to the department on the attainment or maintenance of any ambient air quality standard. NR 428.055(4)(c)(c) The owner or operator did not act in good faith in demonstrating the technological or economic infeasibility of compliance with the limitations or in submitting other relevant information in support of the alternative request. NR 428.055(5)(5) Effective date of alternatives. When the department grants, modifies, or revokes a site-specific alternative to a limitation that has been approved by the administrator as part of the SIP, the alternative will not become effective until all of the following conditions have been met:
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