NR 440.205(3)(f)1.
1. Have a federally enforceable permit limiting the annual capacity factor for oil to 10% or less;
NR 440.205(3)(g)
(g) Except as provided in
par. (i), the sulfur dioxide emission limits and percent reduction requirements under this subsection apply at all times, including periods of startup, shutdown, and malfunction.
NR 440.205(3)(h)
(h) Reductions in the potential sulfur dioxide emission rate through fuel pretreatment are not credited toward the percent reduction requirement under
par. (c) unless:
NR 440.205(3)(h)1.
1. Fuel pretreatment results in a 50% or greater reduction in potential sulfur dioxide emissions and
NR 440.205(3)(h)2.
2. Emissions from the pretreated fuel (without combustion or post combustion sulfur dioxide control) are equal to or less than the emission limits specified in
par. (c).
NR 440.205(3)(i)
(i) An affected facility subject to
par. (a),
(b), or
(c) may combust very low sulfur oil or natural gas when the sulfur dioxide control system is not being operated because of malfunction or maintenance of the sulfur dioxide control system.
NR 440.205(3)(j)
(j) Percent reduction requirements are not applicable to affected facilities combusting only very low sulfur oil. The owner or operator of an affected facility combusting very low sulfur oil shall demonstrate that the oil meets the definition of very low sulfur oil by:
NR 440.205(3)(j)1.
1. Following the performance testing procedures as described in
sub. (6) (c) or
(d), and following the monitoring procedures as described in
sub. (8) (a) or
(b) to determine sulfur dioxide emission rate or fuel oil sulfur content; or
NR 440.205(4)(a)(a) On and after the date on which the initial performance test is completed or is required to be completed under
s. NR 440.08, whichever comes first, no owner or operator of an affected facility which combusts coal or combusts mixtures of coal with other fuels, may cause to be discharged into the atmosphere from that affected facility any gases which contain particulate matter in excess of the following emission limits:
NR 440.205(4)(a)1.b.
b. If the affected facility combusts coal and other fuels and has an annual capacity factor for the other fuels of 10% (0.10) or less.
NR 440.205(4)(a)2.
2. 43 ng/J (0.10 lb/million Btu) heat input if the affected facility combusts coal and other fuels and has an annual capacity factor for the other fuels greater than 10% (0.10) and is subject to a federally enforceable requirement limiting operation of the affected facility to an annual capacity factor greater than 10% (0.10) for fuels other than coal.
NR 440.205(4)(a)3.
3. 86 ng/J (0.20 lb/million Btu) heat input if the affected facility combusts coal or coal and other fuels and:
NR 440.205(4)(a)3.a.
a. Has an annual capacity factor for coal or coal and other fuels of 30% (0.30) or less,
NR 440.205(4)(a)3.c.
c. Has a federally enforceable requirement limiting operation of the affected facility to an annual capacity factor 30% (0.30) or less for coal or coal and other solid fuels, and
NR 440.205(4)(a)3.d.
d. Construction of the affected facility commenced after June 19, 1984 and before November 25, 1986.
NR 440.205(4)(b)
(b) On or after the date on which the performance test is completed or required to be completed under
s. NR 440.08, whichever date comes first, no owner or operator of an affected facility that combusts oil, or mixtures of oil with other fuels, and uses a conventional or emerging technology to reduce sulfur dioxide emissions may discharge into the atmosphere from that affected facility any gases that contain particulate matter in excess of 43 ng/J (0.10 lb/million Btu) heat input.
NR 440.205(4)(c)
(c) On and after the date on which the initial performance test is completed or is required to be completed under
s. NR 440.08, whichever date comes first, no owner or operator of an affected facility that combusts wood, or wood with other fuels, except coal, may cause to be discharged from that affected facility any gases that contain particulate matter in excess of the following emission limits:
NR 440.205(4)(c)1.
1. 43 ng/J (0.10 lb/million Btu) heat input if the affected facility has an annual capacity factor greater than 30% (0.30) for wood.
NR 440.205(4)(c)2.a.
a. The affected facility has an annual capacity factor of 30% (0.30) or less for wood,
NR 440.205(4)(c)2.b.
b. Is subject to a federally enforceable requirement limiting operation of the affected facility to an annual capacity factor 30% (0.30) or less for wood, and:
NR 440.205(4)(d)
(d) On and after the date on which the initial performance test is completed or is required to be completed under
s. NR 440.08, whichever date comes first, no owner or operator of an affected facility that combusts municipal-type solid waste or mixtures of municipal-type solid waste with other fuels, may cause to be discharged into the atmosphere from that affected facility any gases that contain particulate matter in excess of the following emission limits:
NR 440.205(4)(d)1.b.
b. The affected facility combusts municipal-type solid waste and other fuels and has an annual capacity factor for the other fuels of 10% (0.10) or less.
NR 440.205(4)(d)2.
2. 86 ng/J (0.20 lb/million Btu) heat input if the affected facility combusts municipal-type solid waste or municipal-type solid waste and other fuels; and
NR 440.205(4)(d)2.a.
a. Has an annual capacity factor for municipal-type solid waste and other fuels of 30% (0.30) or less,
NR 440.205(4)(d)2.c.
c. Has a federally enforceable requirement limiting operation of the affected facility to an annual capacity factor of 30% (0.30) for municipal-type solid waste, or municipal-type solid waste and other fuels, and
NR 440.205(4)(d)2.d.
d. Construction of the affected facility commenced after June 19, 1984, but before November 25, 1986.
NR 440.205(4)(e)
(e) For the purposes of this subsection, the annual capacity factor is determined by dividing the actual heat input to the steam generating unit during the calendar year from the combustion of coal, wood, or municipal- type solid waste, and other fuels, as applicable, by the potential heat input to the steam generating unit if the steam generating unit had been operated for 8,760 hours at the maximum design heat input capacity.
NR 440.205(4)(f)
(f) On and after the date on which the initial performance test is completed or is required to be completed under
s. NR 440.08, whichever date comes first, no owner or operator of an affected facility that combusts coal, oil, wood or mixtures of these fuels with any other fuels may cause to be discharged into the atmosphere any gases that exhibit greater than 20% opacity (6-minute average), except for one 6-minute period per hour of not more than 27% opacity.
NR 440.205(4)(g)
(g) The particulate matter and opacity standards apply at all times, except during periods of startup, shutdown or malfunction.
NR 440.205(5)(a)(a) Except as provided under
pars. (k) and
(L), on and after the date on which the initial performance test is completed or is required to be completed under
s. NR 440.08, whichever date comes first, no owner or operator of an affected facility that is subject to the provisions of this subsection and that combusts only coal, oil or natural gas may cause to be discharged into the atmosphere from that affected facility any gases that contain nitrogen oxides (expressed as NO
2) in excess of the following emission limits:
-
See PDF for table 
NR 440.205(5)(b)
(b) Except as provided under
pars. (k) and
(L), on and after the date on which the initial performance test is completed or is required to be completed under
s. NR 440.08, whichever date comes first, no owner or operator of an affected facility that simultaneously combusts mixtures of coal, oil or natural gas may cause to be discharged into the atmosphere from that affected facility any gases that contain nitrogen oxides in excess of a limit determined by use of the following formula: -
See PDF for diagram
where:
En is the nitrogen oxides emission limit (expressed as NO2), ng/J (lb/million Btu)
ELgo is the appropriate emission limit from the table in par. (a) for combustion of natural gas or distillate oil, ng/J (lb/million Btu)
Hgo is the heat input from combustion of natural gas or distillate oil, J (million Btu)
ELro is the appropriate emission limit from the table in par. (a) for combustion of residual oil
Hro is the heat input from combustion of residual oil, J (million Btu)
ELc is the appropriate emission limit from the table in par. (a) for combustion of coal
Hc is the heat input from combustion of coal, J (million Btu)
NR 440.205(5)(c)
(c) Except as provided under
par. (L), on and after the date on which the initial performance test is completed or is required to be completed under
s. NR 440.08, whichever comes first, no owner or operator of an affected facility that simultaneously combusts coal or oil, or a mixture of these fuels with natural gas, and wood, municipal-type solid waste or any other fuel may cause to be discharged into the atmosphere any gases that contain nitrogen oxides in excess of the emission limit for the coal or oil, or mixture of these fuels with natural gas, combusted in the affected facility, as determined pursuant to
par. (a) or
(b), unless the affected facility has an annual capacity factor for coal or oil, or mixture of these fuels with natural gas of 10% (0.10) or less and is subject to a federally enforceable requirement that limits operation of the affected facility to an annual capacity factor of 10% (0.10) or less for coal, oil or a mixture of these fuels with natural gas.
NR 440.205(5)(d)
(d) On and after the date on which the initial performance test is completed or is required to be completed under
s. NR 440.08, whichever date comes first, no owner or operator of an affected facility that simultaneously combusts natural gas with wood, municipal-type solid waste, or other solid fuel, except coal, may cause to be discharged into the atmosphere from that affected facility any gases that contain nitrogen oxides in excess of 130 ng/J (0.30 lb/million Btu) heat input unless the affected facility has an annual capacity factor for natural gas of 10% (0.10) or less and is subject to a federally enforceable requirement that limits operation of the affected facility to an annual capacity factor of 10% (0.10) or less for natural gas.
NR 440.205(5)(e)
(e) Except as provided under
par. (L), on and after the date on which the initial performance test is completed or is required to be completed under
s. NR 440.08, whichever date comes first, no owner or operator of an affected facility that simultaneously combusts coal, oil or natural gas with byproduct/waste may cause to be discharged into the atmosphere from that affected facility any gases that contain nitrogen oxides in excess of an emission limit determined by the following formula unless the affected facility has an annual capacity factor for coal, oil and natural gas of 10% (0.10) or less and is subject to a federally enforceable requirement which limits operation of the affected facility to an annual capacity factor of 10% (0.10) or less: -
See PDF for diagram
where:
En is the nitrogen oxides emission limit (expressed as NO2), ng/J (lb/million Btu)
ELgo is the appropriate emission limit from the table in par. (a) for combustion of natural gas or distillate oil, ng/J (lb/million Btu)
Hgo is the heat input from combustion of natural gas, distillate oil and gaseous byproduct/waste, J (million Btu)
ELro is the appropriate emission limit from the table in par. (a) for combustion of residual oil, ng/J (lb/million Btu)
Hro is the heat input from combustion of residual oil or liquid byproduct/waste, J (million Btu)
ELc is the appropriate emission limit from the table in par. (a) for combustion of coal
Hc is the heat input from combustion of coal, J (million Btu)
NR 440.205(5)(f)
(f) Any owner or operator of an affected facility that combusts byproduct/waste with either natural gas or oil may petition the administrator within 180 days of the initial startup of the affected facility to establish a nitrogen oxide emission limit which shall apply specifically to that affected facility when the byproduct/waste is combusted. The petition shall include sufficient and appropriate data, as determined by the administrator, such as nitrogen oxides emissions from the affected facility, waste composition (including nitrogen content), and combustion conditions to allow the administrator to confirm that the affected facility is unable to comply with the emission limits in
par. (e) and to determine the appropriate emission limit for the affected facility.
NR 440.205(5)(f)1.
1. Any owner or operator of an affected facility petitioning for a facility-specific nitrogen oxides emission limit under this subsection shall:
NR 440.205(5)(f)1.a.
a. Demonstrate compliance with the emission limits in the
par. (a) table for natural gas and distillate oil or for residual oil as appropriate, by conducting a 30-day performance test as provided in
sub. (7) (e). During the performance test only natural gas, distillate oil, or residual oil shall be combusted in the affected facility; and
NR 440.205(5)(f)1.b.
b. Demonstrate that the affected facility is unable to comply with the emission limits in the
par. (a) table for natural gas and distillate oil or for residual oil as appropriate, when gaseous or liquid byproduct/waste is combusted in the affected facility under the same conditions and using the same technological system of emission reduction applied when demonstrating compliance under
subd. 1. a.
NR 440.205(5)(f)2.
2. The nitrogen oxides emission limits in the
par. (a) table for natural gas or distillate oil or for residual oil, as appropriate, shall be applicable to the affected facility until and unless the petition is approved by the administrator. If the petition is approved by the administrator, a facility-specific nitrogen oxides emission limit will be established at the nitrogen oxides emission level achievable when the affected facility is combusting oil or natural gas and byproduct/waste in a manner which the administrator determines to be consistent with minimizing nitrogen oxides emissions.
NR 440.205(5)(g)
(g) Any owner or operator of an affected facility that combusts hazardous waste, as defined by
40 CFR part 261 or
40 CFR part 761, as in effect on July 1, 1994, with natural gas or oil may petition the administrator within 180 days of the initial startup of the affected facility for a waiver from compliance with the nitrogen oxides emission limit which applies specifically to that affected facility. The petition shall include sufficient and appropriate data, as determined by the administrator, on nitrogen oxides emissions from the affected facility, waste destruction efficiencies, waste composition (including nitrogen content), the quantity of specific wastes to be combusted and combustion conditions, to allow the administrator to determine if the affected facility is able to comply with the nitrogen oxides emission limits required by this subsection. The owner or operator of the affected facility shall demonstrate that when hazardous waste is combusted in the affected facility, thermal destruction efficiency requirements for hazardous waste specified in an applicable federally enforceable requirement preclude compliance with the nitrogen oxides emission limits of this subsection. The nitrogen oxides emission limits in the
par. (a) table for natural gas or distillate oil or for residual oil, as appropriate, are applicable to the affected facility until and unless the petition is approved by the administrator.
NR 440.205 Note
Note:
See
40 CFR 761.70 for regulations applicable to the incineration of materials containing polychlorinated biphenyls (PCBs).
NR 440.205(5)(h)
(h) For purposes of
par. (i), the nitrogen oxide standards under this subsection apply at all times including periods of startup, shutdown or malfunction.
NR 440.205(5)(i)
(i) Except as provided under
par. (j), compliance with the emission limits under this subsection is determined on a 30-day rolling average basis.
NR 440.205(5)(j)
(j) Compliance with the emission limits under this subsection is determined on a 24-hour average basis for the initial performance test and on a 3-hour average basis for subsequent performance tests for any affected facilities that:
NR 440.205(5)(j)1.
1. Combust, alone or in combination, only natural gas, distillate oil or residual oil with a nitrogen content of 0.30 weight percent or less;
NR 440.205(5)(j)2.
2. Have a combined annual capacity factor of 10% or less for natural gas, distillate oil and residual oil with a nitrogen content of 0.30 weight percent or less, and
NR 440.205(5)(j)3.
3. Are subject to a federally enforceable requirement limiting operation of the affected facility to the firing of natural gas, distillate oil and/or residual oil with a nitrogen content of 0.30 weight percent or less and limiting operation of the affected facility to a combined annual capacity factor of 10% or less for natural gas, distillate oil and residual oil and a nitrogen content of 0.30 weight percent or less.
NR 440.205(5)(k)
(k) Affected facilities that meet the criteria described in
par. (j) 1.,
2., and
3., and that have a heat input capacity of 73 MW (250 million Btu/hour) or less, are not subject to the nitrogen oxides emission limits under this subsection.
NR 440.205(5)(L)
(L) On and after the date on which the initial performance test is completed or is required to be completed under
s. NR 440.08, whichever date comes first, no owner or operator of an affected facility which commenced construction, modification or reconstruction after July 9, 1997 may cause to be discharged into the atmosphere from that affected facility any gases that contain nitrogen oxides (expressed as NO
2) in excess of one of the following limits:
NR 440.205(5)(L)1.
1. If the affected facility combusts coal, oil or natural gas, or a mixture of these fuels, or with any other fuels: a limit of 86 ng/J (0.20 lb/million Btu) heat input unless the affected facility has an annual capacity factor for coal, oil and natural gas of 10% (0.10) or less and is subject to a federally enforceable requirement that limits operation of the facility to an annual capacity factor of 10% (0.10) or less for coal, oil and natural gas.
NR 440.205(5)(L)2.
2. If the affected facility has a low heat release rate and combusts natural gas or distillate oil in excess of 30% of the heat input from the combustion of all fuels, a limit determined by use of the following formula:
En = [(0.10 * Hgo) + (0.20 * Hr)]/(Hgo + Hr)
where:
En is the NOx emission limit, (lb/million Btu)
Hgo is the heat input from combustion of natural gas or distillate oil
Hr is the heat input from combustion of any other fuel
NR 440.205(6)
(6) Compliance and performance test methods and procedures for sulfur dioxide. NR 440.205(6)(b)
(b) In conducting the performance tests required under
s. NR 440.08, the owner or operator shall use the cited methods and procedures in Appendix A of
40 CFR part 60, incorporated by reference in
s. NR 440.17, or the methods and procedures as specified in this subsection, except as provided in
s. NR 440.08 (2).
Section NR 440.08 (6) does not apply to this subsection. The 30-day notice required in
s. NR 440.08 (4) applies only to the initial performance test unless otherwise specified by the department.
NR 440.205(6)(c)
(c) The owner or operator of an affected facility shall conduct performance tests to determine compliance with the percent of potential sulfur dioxide emission rate (%P
s) and the sulfur dioxide emission rate (E
s) pursuant to
sub. (3) following the procedures listed below, except as provided under
par. (d).
