NR 439.096(9)(a)(a) A detailed description of the process optimized and the procedures employed. NR 439.096(9)(b)(b) A log of the operating conditions of the process optimized and of any associated air pollution control device. NR 439.096(9)(c)(c) A summary of results, expressed in terms of the concentrations of NOx, O2 and CO, prior to and following the combustion optimization. NR 439.096(9)(d)(d) Sample calculations employing all the formulas used to calculate the results. NR 439.096(9)(f)(f) The engineering study and combustion efficiency and low NOx operating curve required under sub. (8) (a) and (b). NR 439.096(9)(g)(g) The report of any visible emission evaluations performed during the combustion optimization. NR 439.096(9)(h)(h) A copy of any steam, opacity or airflow charts made during the optimization. NR 439.096(9)(i)(i) The report of any fuel analysis performed on the fuel burned during the optimization. NR 439.096(9)(j)(j) Documentation of any process upset occurring during the optimization. NR 439.096(9)(k)(k) If the combustion optimization being conducted is one required under sub. (10), the changes made to the process or control device since the last test. NR 439.096(10)(a)(a) The department may require an NOx emissions source to conduct an additional combustion optimization if the department determines that a source has not satisfied the requirements of sub. (8) or (9). NR 439.096(10)(b)(b) Combustion units that are modified sources with respect to NOx due to a change in the method of operation shall perform a new combustion optimization including the determination of a new combustion efficiency and low NOx operating curve. NR 439.096 HistoryHistory: Cr. Register, January, 2001, No. 541, eff. 2-1-01; CR 24-030: am. (2) (intro.), (3) (intro.), (4), (7) (intro.), (9) (intro.) Register June 2025 No. 834, eff. 7-1-25. NR 439.098NR 439.098 Methods and procedures for parametric testing of NOx emissions pursuant to an acid rain program alternative NOx emission limitation. NR 439.098(1)(1) The owner or operator of an acid rain affected unit subject to the requirements under s. NR 409.065 may use one or more of the following tests as a basis for the report required under s. NR 409.065 (6) (e) 7.: NR 439.098(1)(c)(c) A measurement of the coal mass flow rate to each individual burner using ASME Performance Test Code 4.2-1969 (1997) or ISO 9931 (1991), incorporated by reference in s. NR 484.11 (6) and (8). NR 439.098(2)(2) The owner or operator of an acid rain affected unit subject to the requirements under s. NR 409.065 may measure and record the actual NOx emission rate in accordance with the requirements under s. NR 409.065 while varying any of the following parameters when possible to determine their effects on the emissions of NOx from the affected boiler: NR 439.098(2)(b)(b) Settings of burners or coal and air nozzles, including tilt and yaw, or swirl. NR 439.098(2)(c)(c) For tangentially fired boilers, distribution of combustion air within the NOx emission control system. NR 439.098(2)(e)(e) Coal-to-primary air ratio (based on pound per hour) for each burner, the average coal-to-primary air ratio for all burners, and the deviations of individual burners’ coal-to-primary air ratios from the average value. NR 439.098(2)(f)(f) If the boiler uses varying types of coal, the type of coal; in this case the owner or operator shall provide the results of proximate and ultimate analyses of each type of as-fired coal. NR 439.098(3)(3) In performing the tests specified in sub. (1), the owner or operator shall begin the tests using the equipment settings for which the NOx emission control system was designed to meet the NOx emission rate guaranteed by the primary NOx emission control system vendor. These results constitute the baseline controlled condition. NR 439.098(4)(4) After establishing the baseline controlled condition under sub. (3), the owner or operator may do any of the following: NR 439.098(4)(a)(a) Change excess air levels ±5% from the baseline controlled condition to determine the effects on emissions of NOx, by providing a minimum of 3 readings. NR 439.098 NoteNote: For example, with a baseline reading of 20% excess air, excess air levels will be changed to 19% and 21%.
NR 439.098(4)(b)(b) For tangentially fired boilers, change the distribution of combustion air within the NOx emission control system to determine the effects on NOx emissions by providing a minimum of 3 readings, one with the minimum, one with the baseline, and one with the maximum amounts of staged combustion air. NR 439.098(4)(c)(c) Show that the combustion process within the boiler is optimized. NR 439.098 NoteNote: For example, boiler optimization can mean that the burners are balanced.
NR 439.098 HistoryHistory: Cr. Register, November, 1999, No. 527, eff. 12-1-99; correction in (1) (c) made under s. 13.93 (2m) (b) 7., Stats., Register August 2001 No. 548; CR 24-030: am. (1) (intro), (a), (b), (2) (intro.) Register June 2025 No. 834, eff. 7-1-25. NR 439.10NR 439.10 Circumvention. No person may cause, allow or permit the installation or use of any article, machine, equipment, process or method which conceals an emission which would otherwise constitute a violation of an applicable rule. Concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance and the unnecessary separation of an operation into parts to avoid coverage by a rule that applies only to operations larger than a specified size. NR 439.10 HistoryHistory: Renum. from NR 154.06 (8), Register, September, 1986, No. 369, eff.10-1-86; renum. from NR 439.08 and am. Register, September, 1987, No. 381, eff. 10-1-87; CR 02-146: am. Register October 2003 No. 574, eff. 11-1-03. NR 439.11NR 439.11 Malfunction prevention and abatement plans. NR 439.11(1)(1) Malfunction prevention and abatement plan applicability. A malfunction prevention and abatement plan is a plan to prevent, detect, and correct malfunctions or equipment failures that may cause any applicable emission limitation to be violated or may cause air pollution. The owner or operator of an air contaminant source that is required to have an air pollution control permit shall prepare and follow a malfunction prevention and abatement plan for each emissions unit, operation, or activity that meets any of the following criteria: NR 439.11(1)(a)(a) Has the potential to emit hazardous air pollutants listed under section 112 (b) of the Act (42 USC 7412) or hazardous air contaminants under ch. NR 445 for which emission limits have been established by an air pollution control permit. NR 439.11(1)(b)(b) Emits more than 15 pounds in any day or 3 pounds in any hour of any air contaminant for which emission limits have been established by an air pollution control permit. NR 439.11(1g)(1g) Malfunction prevention and abatement plan exclusions. The owner or operator of a facility may exclude any of the following emissions units, operations, or activities from the malfunction prevention and abatement plan: NR 439.11(1g)(a)(a) Any emissions unit, operation, or activity that meets the criteria under s. NR 407.05 (4) (c) 9. a. If the department determines that an emission unit, operation, or activity does not meet the criteria under s. NR 407.05 (4) (c) 9. a., the owner or operator shall include the emissions unit, operation, or activity in the plan. NR 439.11(1g)(b)(b) Maintenance of grounds, equipment, and buildings, including lawn care, pest control, grinding, cutting, welding, painting, woodworking, general repairs, and cleaning, but not including use of organic compounds as clean-up solvents. NR 439.11(1g)(c)(c) Internal combustion engines used for warehousing and material transport, forklifts and courier vehicles, front end loaders, graders and trucks, carts, and maintenance trucks. NR 439.11(1g)(g)(g) Convenience space heating units with heat input capacity of less than 5 million Btu per hour that burn gaseous fuels, liquid fuels, or wood. NR 439.11(1g)(h)(h) Fuel oil storage tanks with a capacity of 10,000 gallons or less. NR 439.11(1g)(j)(j) Demineralization and oxygen scavenging of water for boilers. NR 439.11(1r)(1r) Plan content. The plan shall be in writing and may reference other materials or instructions to meet the plan content requirements. The plan shall include all of the following for each emissions unit, operation, or activity identified under sub. (1): NR 439.11(1r)(a)(a) The maximum intervals for inspection, routine maintenance, and calibration, replacement, or validation of the source, air pollution control equipment, and monitoring equipment. NR 439.11(1r)(b)(b) The maximum interval for inspection, routine maintenance, and calibration, replacement, or validation may not exceed that recommended by the manufacturer unless otherwise specified in a plan prepared under this section. In the event that there is not a maximum interval recommended by the manufacturer, the time between inspection, routine maintenance and calibration, replacement, or validation may not exceed one year. NR 439.11(1r)(c)(c) A description of the items or conditions that will be checked during inspection, routine maintenance, and calibration, replacement, or validation. NR 439.11(1r)(d)(d) A description of the corrective actions that will be taken in the event of a malfunction or failure that results in the exceedance of the applicable emission limitation. These corrective actions shall achieve and maintain compliance with the applicable emission limitations as expeditiously as possible and may not take longer than the time necessary to discontinue operation of the source consistent with safe operating procedures and practices for minimizing emissions. NR 439.11(1r)(e)(e) A description of the activities for routine maintenance, inspection and calibration, replacement, or validation of instrumentation installed and operated to monitor the operation of air pollution control equipment as required under s. NR 439.055 (1m). NR 439.11(1r)(f)(f) Other pertinent information to prevent, detect, and correct malfunctions or equipment failures. NR 439.11(2)(2) Plan submittal. The department may require any owner or operator of an air contaminant source to submit the plan required under sub. (1) for review and approval. The department may require a source to amend the plan if deemed necessary for malfunction prevention or the reduction of excess emissions during malfunctions. NR 439.11(3)(a)(a) No owner or operator may fail to carry out a plan required under this section. NR 439.11(3)(b)(b) The owner or operator shall keep records necessary to demonstrate that the plan required under sub. (1) is implemented. NR 439.11(4)(4) Records. The owner or operator shall maintain all of the following: NR 439.11(4)(b)(b) Copies of any previous versions of the plan, which shall be retained for 5 years. NR 439.11(4)(c)(c) Copies of any materials and instructions referenced within the plan for the life of the emission unit, operation, or activity. NR 439.11(4)(d)(d) Copies of all records required under this section, which shall be retained for a period of 5 years or for another period as may be specified by the department, whichever time is greatest. NR 439.11(5)(5) Plan review and updates. The owner or operator shall review the plan required under sub. (1) at least every 5 years and shall update the plan within 60 calendar days when any of the following occur: NR 439.11(5)(a)(a) Changes to operating procedures to prevent, detect, and correct malfunctions or equipment failures. NR 439.11(5)(d)(d) Operation of new equipment not meeting exclusions in sub. (1g) is commenced. NR 439.11 HistoryHistory: Renum. from NR 154.06 (9) and am. Register, September, 1986, No. 369, eff. 10-1-86; renum. from NR 439.09 and am. Register, September, 1987, No. 381, eff. 10-1-87; am. (1) (g), Register, May, 1992, No. 437, eff. 6-1-92; am. (1) (intro.) and (b), r. and recr. (1) (e) to (g), Register, December, 1993, No. 456, eff. 1-1-94; CR 24-030: r. and recr. Register June 2025 No. 834, eff. 7-1-25; correction in (5) (a) made under s. 35.17, Stats., Register June 2025 No. 834.
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Chs. NR 400-499; Environmental Protection – Air Pollution Control
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