Register May 2008 No. 629
Chapter NR 462
NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR INDUSTRIAL, COMMERCIAL AND INSTITUTIONAL BOILERS
AND PROCESS HEATERS
NR 462.01 What this chapter covers.
NR 462.015 Implementation and enforcement; compliance.
NR 462.02 What definitions apply to this chapter?
NR 462.03 Emission limits and work practice standards.
NR 462.04 General compliance requirements.
NR 462.05 Testing, fuel analyses and initial compliance requirements.
NR 462.06 Continuous compliance requirements.
NR 462.07 Notifications, reports and records.
NR 462.01
NR 462.01
What this chapter covers. NR 462.01(1)
(1)
What is the purpose of this chapter? This chapter establishes national emission limits and work practice standards for hazardous air pollutants (HAP) emitted from industrial, commercial and institutional boilers and process heaters. This chapter also establishes requirements to demonstrate initial and continuous compliance with the emission limits and work practice standards.
NR 462.01 Note
Note: This subchapter is based on the federal regulations contained in
40 CFR part 63 Subpart DDDDD, as created September 13, 2004 and amended on December 28, 2005.
NR 462.01(2)
(2) Am I subject to this chapter? You are subject to this chapter if you own or operate an industrial, commercial or institutional boiler or process heater as defined in
s. NR 462.02 that is located at, or is part of, a major source of HAP as defined in
s. NR 460.02 (24) or
40 CFR 63.761 except as specified in
sub. (4).
NR 462.01(3)
(3) What is the affected source of this chapter? NR 462.01(3)(a)(a) This chapter applies to new, reconstructed, or existing affected sources as described in
subds. 1. and
2.
NR 462.01(3)(a)1.
1. The affected source of this chapter is the collection of all existing industrial, commercial and institutional boilers and process heaters, as defined in
s. NR 462.02, within a subcategory located at a major source.
NR 462.01(3)(a)2.
2. The affected source of this chapter is each new or reconstructed industrial, commercial or institutional boiler or process heater, as defined in
s. NR 462.02, located at a major source.
NR 462.01(3)(b)
(b) A boiler or process heater is new if you commence construction of the boiler or process heater after January 13, 2003, and you meet the applicability criteria at the time you commence construction.
NR 462.01(3)(c)
(c) A boiler or process heater is reconstructed if you meet the reconstruction criteria as defined in
s. NR 460.02 (32), you commence reconstruction after January 13, 2003, and you meet the applicability criteria at the time you commence reconstruction.
NR 462.01(3)(d)
(d) A boiler or process heater is existing if it is not new or reconstructed.
NR 462.01(4)
(4) Are any boilers or process heaters not subject to this chapter? The types of boilers and process heaters listed in
pars. (a) to
(o) are not subject to this chapter.
NR 462.01(4)(c)
(c) An electric utility steam generating unit that is 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 462.01(4)(d)
(d) A boiler or process heater required to have a permit under section 3005 of the Solid Waste Disposal Act or covered by
40 CFR part 63, subpart EEE, such as a hazardous waste boiler.
NR 462.01(4)(g)
(g) A boiler or process heater that is used specifically for research and development. This does not include units that only provide heat or steam to a process at a research and development facility.
NR 462.01(4)(k)
(k) Blast furnace stoves as described in the EPA document entitled “National Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Plants--Background Information for Proposed Standards," EPA-453/R-01-005, incorporated by reference in
s. NR 484.06 (4) (d).
NR 462.01(4)(m)
(m) Any boiler and process heater specifically listed as an affected source in another standard established under section 129 of the Act.
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)(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).
