Chapter NR 462

NR 462.01(4)(n) (n) Temporary boilers as defined in s. NR 462.02 (47).

NR 462.01(4)(o) (o) Blast furnace gas fuel-fired boilers and process heaters as defined in s. NR 462.02 (4).

NR 462.01(5) (5) When do I have to comply with this chapter?

NR 462.01(5)(a) (a) If you have a new or reconstructed boiler or process heater, you shall comply with this chapter by November 12, 2004 or upon startup of your boiler or process heater, whichever is later.

NR 462.01(5)(b) (b) If you have an existing boiler or process heater, you shall comply with this chapter no later than September 13, 2007.

NR 462.01(5)(c) (c) If you have an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP, subds. 1. and 2. apply to you.

NR 462.01(5)(c)1. 1. Any new or reconstructed boiler or process heater at the existing facility shall be in compliance with this chapter upon startup.

NR 462.01(5)(c)2. 2. Any existing boiler or process heater at the existing facility shall be in compliance with this chapter within 3 years after the facility becomes a major source.

NR 462.01(5)(d) (d) You shall meet the notification requirements in s. NR 462.07 (1) according to the schedule in s. NR 462.07 (1) and in ch. NR 460. Some of the notifications shall be submitted before you are required to comply with the emission limits and work practice standards in this chapter.

NR 462.01 History History: CR 05-116: cr. Register November 2006 No. 611, eff. 12-1-06.

NR 462.015 NR 462.015 Implementation and enforcement; compliance.

NR 462.015(1) (1) The department may not implement or enforce the provisions of this chapter unless the department revises this chapter in response to EPA’s final rule-making on revisions to the provisions of 40 CFR part 63, Subpart DDDDD, on which this chapter is based, in response to the U.S. Court of Appeals’ decision of June 6, 2007 which became effective on July 30, 2007 vacating 40 CFR part 63, Subpart DDDDD.

NR 462.015(2) (2) Notwithstanding s. NR 462.01 (5), no owner or operator, otherwise subject to this chapter under s. NR 462.01, is required to comply with any of the provisions of this chapter until the department revises this chapter in accordance with sub. (1).

NR 462.015 History History: Emerg. cr. eff. 9-13-07; CR 07-088: cr. Register May 2008 No. 629, eff. 6-1-08.

NR 462.02 NR 462.02 What definitions apply to this chapter? For terms not defined in this section, the definitions contained in chs. NR 400 and 460 apply to the terms in this chapter, with definitions in ch. NR 460 taking precedence over definitions in ch. NR 400. If this section defines a term which is also defined in ch. NR 400 or 460, the definition in this section applies in this chapter. In this chapter:

NR 462.02(1) (1) “Annual capacity factor” means the ratio between the actual heat input to a boiler or process heater from the fuels burned during a calendar year and the potential heat input to the boiler or process heater had it been operated for 8,760 hours during a year at the maximum steady state design heat input capacity.

NR 462.02(2) (2) “Bag leak detection system” means an instrument that is capable of monitoring particulate matter loadings in the exhaust of a fabric filter, i.e., baghouse, in order to detect bag failures. A bag leak detection system includes an instrument that operates on electrodynamic, triboelectric, light scattering, light transmittance or other principle to monitor relative particulate matter loadings.

NR 462.02(3) (3) “Biomass fuel” means unadulterated wood as defined in sub. (49); wood residue and wood products, such as trees, tree stumps, tree limbs, bark, lumber, sawdust, sander dust, chips, scraps, slabs, millings and shavings; animal litter; vegetative agricultural and silvicultural materials, such as logging residues, nut and grain hulls and chaff, bagasse, orchard prunings, corn stalks, coffee bean hulls and grounds.

NR 462.02(4) (4) “Blast furnace gas fuel-fired boiler or process heater” means an industrial, commercial or institutional boiler or process heater that receives 90% or more of its total heat input, based on an annual average, from blast furnace gas.

NR 462.02(5) (5) “Boiler” means an enclosed device using controlled flame combustion and having the primary purpose of recovering thermal energy in the form of steam or hot water. Waste heat boilers are excluded from this definition.

NR 462.02(6) (6) “Coal” means all solid fuels classifiable as anthracite, bituminous, subbituminous or lignite by the American Society for Testing and Materials in ASTM D388-99e1, “Standard Classification of Coals by Rank”, incorporated by reference in s. NR 484.10 (7), coal refuse and petroleum coke. This definition includes synthetic fuels derived from coal for the purpose of creating useful heat, including solvent-refined coal, coal-oil mixtures and coal-water mixtures. Coal derived gases are excluded from this definition.

NR 462.02(7) (7) “Coal refuse” means any by-product of coal mining or coal cleaning operations with an ash content greater than 50% by weight and a heating value less than 13,900 kilojoules per kilogram (6,000 Btu per pound) on a dry basis.

NR 462.02(8) (8) “Commercial or institutional boiler” means a boiler used in commercial establishments or institutional establishments, such as medical centers, research centers, institutions of higher education, hotels and laundries, to provide one or more of the following: electricity, steam or hot water.

NR 462.02(9) (9) “Construction and demolition material” means waste building materials that result from the construction or demolition operations on houses and commercial and industrial buildings.

NR 462.02(10) (10) 

NR 462.02(10)(a) (a) “Deviation” means any instance in which an affected source subject to this chapter, or an owner or operator of an affected source, fails to meet one of the following:

NR 462.02(10)(a)1. 1. Any requirement or obligation established by this chapter, including any emission limit, operating limit or work practice standard.

NR 462.02(10)(a)2. 2. Any term or condition that is adopted to implement an applicable requirement in this chapter and that is included in the operating permit for any affected source required to obtain such a permit.

NR 462.02(10)(a)3. 3. Any emission limit, operating limit or work practice standard in this chapter during startup, shutdown or malfunction regardless of whether or not the failure is permitted by this chapter.

NR 462.02(10)(b) (b) A deviation is not always a violation. The determination of whether a deviation constitutes a violation of the standard is up to the discretion of the department.

NR 462.02(11) (11) “Distillate oil” means fuel oils, including recycled oils, that comply with the specifications for fuel oil numbers 1 and 2, as defined by the American Society for Testing and Materials in ASTM D396-02a, “Standard Specification for Fuel Oils”, incorporated by reference in s. NR 484.10 (8).

NR 462.02(12) (12) “Dry control system” means any emission control system that does not use water or any other liquid as part of the control process, such as a fabric filter control system.

NR 462.02(13) (13) “Dry scrubber” means an add-on air pollution control system that injects dry alkaline sorbent (dry injection) or sprays an alkaline sorbent (spray dryer) to react with and neutralize acid gas in the exhaust stream forming a dry powder material. Sorbent injection systems in fluidized bed boilers and process heaters are included in this definition.

NR 462.02(14) (14) “Electric utility steam generating unit” means a fossil fuel-fired combustion unit of more than 25 megawatts that serves a generator that produces electricity for sale. A fossil fuel-fired unit that cogenerates steam and electricity and supplies more than one-third of its potential electric output capacity and more than 25 megawatts electrical output to any utility power distribution system for sale is considered an electric utility steam generating unit.

NR 462.02(15) (15) “Electrostatic precipitator” means an add-on air pollution control device used to capture particulate matter by charging the particles using an electrostatic field, collecting the particles using a grounded collecting surface and transporting the particles into a hopper.

NR 462.02(16) (16) “Fabric filter” means an add-on air pollution control device used to capture particulate matter by filtering gas streams through filter media, also known as a baghouse.

NR 462.02(17) (17) “Federally enforceable” means all limitations and conditions that are enforceable by the EPA administrator, including the requirements of 40 CFR parts 60 and 61, requirements within any applicable state implementation plan and any permit requirements established under 40 CFR 52.21 or under 40 CFR 51.18 and 40 CFR 51.24.

NR 462.02(18) (18) “Firetube boiler” means a boiler in which hot gases of combustion pass through the tubes and water contacts the outside surfaces of the tubes.

NR 462.02(19) (19) “Fossil fuel” means natural gas, petroleum, coal and any form of solid, liquid or gaseous fuel derived from those materials.

NR 462.02(20) (20) “Fuel type” means each category of fuels that share a common name or classification. Examples include bituminous coal, subbituminous coal, lignite, anthracite, biomass, construction and demolition material, salt water laden wood, creosote treated wood, tires and residual oil. Individual fuel types received from different suppliers are not considered new fuel types except for construction and demolition material.

NR 462.02(21) (21) “Gaseous fuel” includes natural gas, process gas, landfill gas, coal derived gas, refinery gas and biogas. Blast furnace gas is exempted from this definition.

NR 462.02(22) (22) “Heat input” means heat derived from combustion of fuel in a boiler or process heater and does not include the heat input from preheated combustion air, recirculated flue gases or exhaust gases from other sources such as gas turbines, internal combustion engines, kilns and other similar sources.

NR 462.02(23) (23) “Industrial boiler” means a boiler used in manufacturing, processing, mining and refining or any other industry to provide one or more of the following: electricity, steam or hot water.

NR 462.02(24) (24) “Large gaseous fuel subcategory” includes any water tube boiler or process heater that burns gaseous fuels not combined with any solid fuels, burns liquid fuel only during periods of gas curtailment or gas supply emergencies, has a rated capacity of greater than 10 mmBtu per hour heat input and has an annual capacity factor of greater than 10%.

NR 462.02(25) (25) “Large liquid fuel subcategory” includes any water tube boiler or process heater that does not burn any solid fuel and burns any liquid fuel either alone or in combination with gaseous fuels, has a rated capacity of greater than 10 mmBtu per hour heat input and has an annual capacity factor of greater than 10%. Large gaseous fuel boilers and process heaters that burn liquid fuel during periods of gas curtailment or gas supply emergencies are not included in this definition.

NR 462.02(26) (26) “Large solid fuel subcategory” includes any water tube boiler or process heater that burns any amount of solid fuel either alone or in combination with liquid or gaseous fuels, has a rated capacity of greater than 10 mmBtu per hour heat input and has an annual capacity factor of greater than 10%.

NR 462.02(27) (27) “Limited use gaseous fuel subcategory” includes any water tube boiler or process heater that burns gaseous fuels not combined with any liquid or solid fuels, burns liquid fuel only during periods of gas curtailment or gas supply emergencies, has a rated capacity of greater than 10 mmBtu per hour heat input and has a federally enforceable annual average capacity factor of equal to or less than 10%.

NR 462.02(28) (28) “Limited use liquid fuel subcategory” includes any water tube boiler or process heater that does not burn any solid fuel and burns any liquid fuel either alone or in combination with gaseous fuels, has a rated capacity of greater than 10 mmBtu per hour heat input and has a federally enforceable annual average capacity factor of equal to or less than 10%. Limited use gaseous fuel boilers and process heaters that burn liquid fuel during periods of gas curtailment or gas supply emergencies are not included in this definition.

NR 462.02(29) (29) “Limited use solid fuel subcategory” includes any water tube boiler or process heater that burns any amount of solid fuel either alone or in combination with liquid or gaseous fuels, has a rated capacity of greater than 10 mmBtu per hour heat input and has a federally enforceable annual average capacity factor of equal to or less than 10%.

NR 462.02(30) (30) “Liquid fossil fuel” means petroleum, distillate oil, residual oil and any form of liquid fuel derived from these fuels.

NR 462.02(31) (31) “Liquid fuel” includes distillate oil, residual oil, waste oil and process liquids.

NR 462.02(32) (32) “Minimum pressure drop” means 90% of the lowest test-run average pressure drop measured according to Table 7 of this chapter during the most recent performance test demonstrating compliance with the applicable emission limit.

NR 462.02(33) (33) “Minimum scrubber effluent pH” means 90% of the lowest test-run average effluent pH measured at the outlet of the wet scrubber according to Table 7 of this chapter during the most recent performance test demonstrating compliance with the applicable hydrogen chloride emission limit.

NR 462.02(34) (34) “Minimum scrubber flow rate” means 90% of the lowest test-run average flow rate measured according to Table 7 of this chapter during the most recent performance test demonstrating compliance with the applicable emission limit.

NR 462.02(35) (35) “Minimum sorbent injection rate” means 90% of the lowest test-run average sorbent or activated carbon flow rate measured according to Table 7 of this chapter during the most recent performance test demonstrating compliance with the applicable emission limits.

NR 462.02(36) (36) “Minimum voltage”, “minimum secondary current” or “minimum total power input” means 90% of the lowest test-run average voltage or secondary current or total power input to the electrostatic precipitator measured according to Table 7 of this chapter during the most recent performance test demonstrating compliance with the applicable emission limits.

NR 462.02(37) (37) “Natural gas” means one of the following:

NR 462.02(37)(a) (a) A naturally occurring mixture of hydrocarbon and non-hydrocarbon gases found in geologic formations beneath the earth’s surface, of which the principal constituent is methane.

NR 462.02(37)(b) (b) Liquid petroleum gas, as defined by the American Society for Testing and Materials in ASTM D1835-03a, “Standard Specification for Liquid Petroleum Gases”, incorporated by reference in s. NR 484.10 (26m).

NR 462.02(38) (38) “Opacity” means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

NR 462.02(39) (39) “Particulate matter” means any finely divided solid or liquid material, other than uncombined water, as measured by the test methods specified under this chapter, or an alternative method.

NR 462.02(40) (40) “Period of natural gas curtailment” or “supply interruption” means a period of time during which the supply of natural gas to an affected facility is halted for reasons beyond the control of the facility. An increase in the cost or unit price of natural gas does not constitute a period of natural gas curtailment or supply interruption.

NR 462.02(41) (41) “Process heater” means an enclosed device using controlled flame that is not a boiler, and the unit’s primary purpose is to transfer heat indirectly to a process material or to a heat transfer material for use in a process unit, instead of generating steam. Process heaters are devices in which the combustion gases do not directly come into contact with process materials. Process heaters do not include units used for comfort heat or space heat, food preparation for on-site consumption or autoclaves.

NR 462.02(42) (42) “Residual oil” means crude oil and all fuel oil numbers 4, 5 and 6, as defined by the American Society for Testing and Materials in ASTM D396-02a, “Standard Specifications for Fuel Oils”, incorporated by reference in s. NR 484.10 (8).

NR 462.02(43) (43) “Small gaseous fuel subcategory” includes any fire tube boiler that burns gaseous fuels not combined with any solid fuels and burns liquid fuel only during periods of gas curtailment or gas supply emergencies, and any boiler or process heater that burns gaseous fuels not combined with any solid fuels, burns liquid fuel only during periods of gas curtailment or gas supply emergencies and has a rated capacity of less than or equal to 10 mmBtu per hour heat input.

NR 462.02(44) (44) “Small liquid fuel subcategory” includes any fire tube boiler that does not burn any solid fuel and burns any liquid fuel either alone or in combination with gaseous fuels, and any boiler or process heater that does not burn any solid fuel and burns any liquid fuel either alone or in combination with gaseous fuels and has a rated capacity of less than or equal to 10 mmBtu per hour heat input. Small gaseous fuel boilers and process heaters that burn liquid fuel during periods of gas curtailment or gas supply emergencies are not included in this definition.

NR 462.02(45) (45) “Small solid fuel subcategory” includes any fire tube boiler that burns any amount of solid fuel either alone or in combination with liquid or gaseous fuels, and any other boiler or process heater that burns any amount of solid fuel either alone or in combination with liquid or gaseous fuels and has a rated capacity of less than or equal to 10 mmBtu per hour heat input.

NR 462.02(46) (46) “Solid fuel” includes coal, wood, biomass, tires, plastics and other non-fossil solid materials.

NR 462.02(47) (47) “Temporary boiler” means any gaseous or liquid fuel boiler that is designed to, and is capable of, being carried or moved from one location to another. A temporary boiler that remains at a location for more than 180 consecutive days is no longer considered to be a temporary boiler. Any temporary boiler that replaces a temporary boiler at a location and is intended to perform the same or similar function will be included in calculating the consecutive time period.

NR 462.02(48) (48) “Total selected metals” or “TSM” means the combination of the following metallic HAP: arsenic, beryllium, cadmium, chromium, lead, manganese, nickel and selenium.

NR 462.02(49) (49) “Unadulterated wood” means wood or wood products that have not been painted, pigment-stained, or pressure treated with compounds such as chromated copper arsenate, pentachlorophenol and creosote. Plywood, particle board, oriented strand board, and other types of wood products bound by glues and resins are included in this definition.

NR 462.02(50) (50) “Waste heat boiler” means a device that recovers normally unused energy and converts it to usable heat. Waste heat boilers incorporating duct or supplemental burners that are designed to supply 50% or more of the total rated heat input capacity of the waste heat boiler are not considered waste heat boilers, but are considered boilers. Waste heat boilers are also referred to as heat recovery steam generators.

NR 462.02(51) (51) “Water heater” means a closed vessel with a capacity of no more than 120 U.S. gallons in which water is heated by combustion of gaseous or liquid fuel and is withdrawn for use external to the vessel at pressures not exceeding 160 psig, including the apparatus by which the heat is generated and all controls and devices necessary to prevent water temperatures from exceeding 210°F (99°C).

NR 462.02(52) (52) “Water tube boiler” means a boiler in which water passes through the tubes and hot gases of combustion pass over the outside surfaces of the tubes.

NR 462.02(53) (53) “Wet scrubber” means any add-on air pollution control device that mixes an aqueous stream or slurry with the exhaust gases from a boiler or process heater to control emissions of particulate matter or to absorb and neutralize acid gases, such as hydrogen chloride, or both.

NR 462.02(54) (54) “Work practice standard” means any design, equipment, work practice or operational standard, or combination thereof, that is promulgated pursuant to section 112(h) of the Act.

NR 462.02 History History: CR 05-116: cr. Register November 2006 No. 611, eff. 12-1-06.

NR 462.03 NR 462.03 Emission limits and work practice standards.

NR 462.03(1) (1) What are the subcategories of boilers and process heaters? The subcategories of boilers and process heaters are large solid fuel, limited use solid fuel, small solid fuel, large liquid fuel, limited use liquid fuel, small liquid fuel, large gaseous fuel, limited use gaseous fuel and small gaseous fuel. Each subcategory is defined in s. NR 462.02.

NR 462.03(2) (2) What emission limits, work practice standards and operating limits must I meet?

NR 462.03(2)(a) (a) You shall meet the requirements in subds. 1. and 2.

NR 462.03(2)(a)1. 1. You shall meet each emission limit and work practice standard in Table 1 of this chapter that applies to your boiler or process heater, except as provided under s. NR 462.04 (3).

NR 462.03(2)(a)2. 2. You shall meet each operating limit in Tables 2 to 4 of this chapter that applies to your boiler or process heater. If you use a control device or combination of control devices not covered in Tables 2 to 4, or you wish to establish and monitor an alternative operating limit and alternative monitoring parameters, you shall apply to the administrator for approval of alternative monitoring under 40 CFR 63.8(f).

NR 462.03 Note Note: The authority to approve alternative monitoring is retained by the administrator and is not delegated to the department.

NR 462.03(2)(b) (b) As provided in 40 CFR 63.6(g), EPA may approve use of an alternative to the work practice standards in this section.

NR 462.03 History History: CR 05-116: cr. Register November 2006 No. 611, eff. 12-1-06.

NR 462.04 NR 462.04 General compliance requirements.

NR 462.04(1) (1) What are my general requirements for complying with this chapter?

NR 462.04(1)(a) (a) You shall be in compliance with the emission limits, including operating limits, and the work practice standards in this chapter at all times, except during periods of startup, shutdown and malfunction.