Chapter NR 409

NR 409.065(9)(a) (a) Unless otherwise provided, the owners and operators of the source and each affected unit at the source shall keep on site certain relevant documents described below for a period of 5 years from the date the document is created. This period may be extended for cause, at any time prior to the end of 5 years, in writing by the administrator or department. The following documents shall be kept at the source:

NR 409.065(9)(a)1. 1. The certificate of representation for the designated representative for the source and each affected unit at the source and all documents that demonstrate the truth of the statements in the certificate of representation, in accordance with 40 CFR 72.24; provided that the certificate and documents shall be retained on site at the source beyond the 5-year period until the documents are superseded because of the submission of a new certificate of representation changing the designated representative.

NR 409.065(9)(a)2. 2. All emissions monitoring information, in accordance with 40 CFR part 75.

NR 409.065(9)(a)3. 3. Copies of all reports, compliance certifications and other submissions and all records made or required under the acid rain program.

NR 409.065(9)(a)4. 4. Copies of all documents used to complete an acid rain portion of an operation permit application and any other submission under the acid rain program or to demonstrate compliance with the requirements of this chapter and the acid rain program.

NR 409.065(9)(b) (b) In accordance with sub. (6) (d) 4., a petition for an alternative emission limitation demonstration period shall include the following information:

NR 409.065(9)(b)1. 1. Documentation that the owner or operator solicited bids for a NOx emission control system designed for application to the specific boiler and designed to achieve the applicable emission limitation in sub.(2), (3) or (4) on an annual average basis. This documentation shall include a copy of all bid specifications.

NR 409.065(9)(b)2. 2. A copy of the performance guarantee submitted by the vendor of the installed NOx emission control system to the owner or operator showing that the system was designed to meet the applicable emission limitation in sub. (2), (3) or (4) on an annual average basis.

NR 409.065(9)(b)3. 3. Documentation describing the operational and combustion conditions that are the basis of the performance guarantee.

NR 409.065(9)(b)4. 4. Certification by the primary vendor of the NOx emission control system that the equipment and associated auxiliary equipment was properly installed according to the modifications and procedures specified by the vendor.

NR 409.065(9)(b)5. 5. Certification by the designated representative that the owner or owners or operator installed technology that meets the requirements of sub. (6) (a).

NR 409.065(9)(c) (c) In accordance with sub. (6) (d) 9., a petition for an alternative emission limitation demonstration period shall include the following information:

NR 409.065(9)(c)1. 1. The operating conditions of the NOx emission control system including load range, O2 range, coal volatile matter range, and, for tangentially fired boilers, distribution of combustion air within the NOx emission control system.

NR 409.065(9)(c)2. 2. Certification by the designated representative that the owner or owners or operator have achieved and are following the operating conditions, boiler modifications and upgrades that formed the basis for the system design and performance guarantee.

NR 409.065(9)(c)3. 3. Any planned equipment modifications and upgrades for the purpose of achieving the maximum NOx reduction performance of the NOx emission control system that were not included in the design specifications and performance guarantee, but that were achieved prior to submission of this application and are being followed.

NR 409.065(9)(c)4. 4. A list of any modifications or replacements of equipment that are to be done prior to the completion of the demonstration period for the purpose of reducing emissions of NOx.

NR 409.065(9)(c)5. 5. The parametric testing that will be conducted to determine the reason or reasons for the failure of the unit to achieve the applicable emission limitation and to verify the proper operation of the installed NOx emission control system during the demonstration period. The tests shall include tests in s. NR 439.098, which may be modified according to the following criteria:

NR 409.065(9)(c)5.a. a. The owner or operator of the unit may add tests to those listed in s. NR 439.098, if the additions provide data relevant to the failure of the installed NOx emission control system to meet the applicable emissions limitation in sub. (2), (3) or (4); or

NR 409.065(9)(c)5.b. b. The owner or operator of the unit may remove tests listed in s. NR 439.098 that are shown, to the satisfaction of the department, not to be relevant to NOx emissions from the affected unit; and

NR 409.065(9)(c)5.c. c. In the event the performance guarantee or the NOx emission control system specifications require additional tests not listed in s. NR 439.098, or specify operating conditions not verified by tests listed in s. NR 439.098, the owner or operator of the unit shall include additional tests.

NR 409.065(9)(d) (d) In accordance with sub. (6) (d) 10., a petition for an alternative emission limitation demonstration period shall include all of the following information for the operating period:

NR 409.065(9)(d)1. 1. The average NOx emission rate (in pounds per million Btu) of the specific unit.

NR 409.065(9)(d)2. 2. The highest hourly NOx emission rate (in pounds per million Btu) of the specific unit.

NR 409.065(9)(d)3. 3. Hourly NOx emission rate (in pounds per million Btu), calculated in accordance with 40 CFR part 75.

NR 409.065(9)(d)4. 4. Total heat input (in million Btu) for the unit for each hour of operation, calculated in accordance with the requirements of 40 CFR part 75.

NR 409.065(9)(d)5. 5. Total integrated hourly gross unit load (in megawatts, gross, electrical).

NR 409.065(9)(e) (e) A petition for an alternative emission limitation shall include all of the following information in accordance with sub. (6) (e) 6.:

NR 409.065(9)(e)1. 1. Total heat input (in million Btu) for the unit for each hour of operation, calculated in accordance with the requirements of 40 CFR part 75.

NR 409.065(9)(e)2. 2. Hourly NOx emission rate (in pounds per million Btu), calculated in accordance with the requirements of 40 CFR part 75.

NR 409.065(9)(e)3. 3. Total integrated hourly gross unit load (in megawatts, gross, electrical).

NR 409.065 History History: Cr., Register, November, 1999, No. 527, eff. 12-1-99; correction (1) (a) made under s. 13.93 (2m) (b) 7., Stats., Register October 2003 No. 574.

NR 409.07 NR 409.07 Designated representative.

NR 409.07(1) (1) Submissions.

NR 409.07(1)(a) (a) The designated representative shall submit a certificate of representation, and any superseding certificate of representation, to the administrator in accordance with subpart B of 40 CFR part 72 and, concurrently, shall submit a copy to the department.

NR 409.07(1)(b) (b) Each submission under the acid rain program shall be submitted, signed and certified by the designated representative for all sources on behalf of which the submission is made.

NR 409.07(1)(c) (c) In each submission under the acid rain program, the designated representative shall certify, by his or her signature:

NR 409.07(1)(c)1. 1. The following statement, which shall be included verbatim in the submission: “I am authorized to make this submission on behalf of the owners and operators of the affected source or affected units for which the submission is made.”

NR 409.07(1)(c)2. 2. The following statement, which shall be included verbatim in the submission: “I certify under penalty of law that I have personally examined, and am familiar with, the statements and information submitted in this document and all its attachments. Based on my inquiry of those individuals with primary responsibility for obtaining the information, I certify that the statements and information are to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false statements and information or omitting required statements and information, including the possibility of fine or imprisonment.”

NR 409.07(1)(d) (d) The department shall accept or act on a submission made on behalf of owners or operators of an affected source and an affected unit only if the submission has been made, signed and certified in accordance with pars. (b) and (c).

NR 409.07(1)(e) (e) The designated representative of a source shall serve notice on each owner and operator of the source and of an affected unit at the source:

NR 409.07(1)(e)1. 1. By the date of submission, of any acid rain program submissions by the designated representative;

NR 409.07(1)(e)2. 2. Within 10 business days of receipt of a determination, of any written determination by the administrator or the department; and

NR 409.07(1)(e)3. 3. Provided that the submission or determination covers the source or the unit.

NR 409.07(1)(f) (f) The designated representative of a source shall provide each owner and operator of an affected unit at the source a copy of any submission or determination under par. (e), unless the owner or operator expressly waives the right to receive a copy.

NR 409.07(2) (2) Objections.

NR 409.07(2)(a) (a) Except as provided in 40 CFR 72.23, no objection or other communication submitted to the administrator or the department concerning the authorization, or any submission, action or inaction, of the designated representative shall affect any submission, action or inaction of the designated representative, or the finality of any decision by the department, under the acid rain program. In the event of a communication, the department is not required to stay any submission or the effect of any action or inaction under the acid rain program.

NR 409.07(2)(b) (b) The department may not adjudicate any private legal dispute concerning the authorization or any submission, action or inaction of any designated representative, including private legal disputes concerning the proceeds of allowance transfers.

NR 409.07 History History: Cr. Register, April, 1995, No. 472, eff. 5-1-95.

NR 409.08 NR 409.08 Application for the acid rain portion of an operation permit.

NR 409.08(1) (1) Requirement to apply.

NR 409.08(1)(a) (a) Duty to apply.

NR 409.08(1)(a)1. 1. The designated representative of any source with an affected unit shall submit a complete acid rain portion of an operation permit application by the applicable deadline in pars. (b) and (c), and the owners and operators of the source and any affected unit at the source may not operate the source or unit without a permit or permit application meeting the requirements of sub. (3) that states its acid rain program requirements.

NR 409.08(1)(a)2. 2. The designated representative of any source with an affected unit subject to s. NR 409.065 shall submit, by the applicable deadline under par. (c) 2., a complete acid rain portion of an operation permit application or, if the unit is covered by an acid rain portion of an operation permit, a complete permit revision that includes a complete compliance plan for NOx emissions covering the unit.

NR 409.08 Note Note: Application forms may be obtained from the regional and area offices of the department or from the Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707-7921, Attention: Operation permits.

NR 409.08(1)(b) (b) Deadlines.

NR 409.08(1)(b)1. 1. For any source with an existing unit described under s. NR 409.01 (1) (a) 2., the designated representative shall submit a complete acid rain portion of an operation permit application governing the unit to the department on or before January 1, 1996.

NR 409.08(1)(b)2. 2. For any source with a new unit described under s. NR 409.01 (1) (a) 3. a., the designated representative shall submit a complete acid rain portion of an operation permit application governing the unit to the department at least 24 months before the later of January 1, 2000 or the date on which the unit commences operation.

NR 409.08(1)(b)3. 3. For any source with a unit described under s. NR 409.01 (1) (a) 3. b., the designated representative shall submit a complete acid rain portion of an operation permit application governing the unit to the department at least 24 months before the later of January 1, 2000 or the date on which the unit begins to serve a generator with a nameplate capacity greater than 25 MWe.

NR 409.08(1)(b)4. 4. For any source with a unit described under s. NR 409.01 (1) (a) 3. c., the designated representative shall submit a complete acid rain portion of an operation permit application governing the unit to the department at least 24 months before the later of January 1, 2000 or the date on which the auxiliary firing commences operation.

NR 409.08(1)(b)5. 5. For any source with a unit described under s. NR 409.01 (1) (a) 3. d., the designated representative shall submit a complete acid rain portion of an operation permit application governing the unit to the department before the later of January 1, 1998 or March 1 of the year following the 3 calendar year periods in which the unit sold to a utility power distribution system an annual average of more than one-third of its potential electrical output capacity and more than 219,000 MWe-hrs actual electric output, on a gross basis.

NR 409.08(1)(b)6. 6. For any source with a unit described under s. NR 409.01 (1) (a) 3. e., the designated representative shall submit a complete acid rain portion of an operation permit application governing the unit to the department before the later of January 1, 1998 or March 1 of the year following the calendar year in which the facility fails to meet the definition of qualifying facility.

NR 409.08(1)(b)7. 7. For any source with a unit described under s. NR 409.01 (1) (a) 3. f., the designated representative shall submit a complete acid rain portion of an operation permit application governing the unit to the department before the later of January 1, 1998 or March 1 of the year following the calendar year in which the facility fails to meet the definition of an independent power production facility.

NR 409.08(1)(b)8. 8. For any source with a unit described under s. NR 409.01 (1) (a) 3. g., the designated representative shall submit a complete acid rain portion of an operation permit application governing the unit to the department before the later of January 1, 1998 or March 1 of the year following the 3 calendar year periods in which the incinerator consumed 20% or more fossil fuel, on a Btu basis.

NR 409.08 Note Note: Early election units were required to submit an application to U.S. EPA not later than January 1, 1997. For a Phase I or Phase II unit with a Group 1 or Group 2 boiler, the designated representative was required to submit a complete permit application and compliance plan for NOx emissions covering the unit in Phase II to the department and U.S. EPA not later than January 1, 1998.

NR 409.08(1)(c) (c) Duty to reapply.

NR 409.08(1)(c)1. 1. The designated representative shall submit a complete acid rain portion of an operation permit application for each source with an affected unit at least 6 months before the permit expires.

NR 409.08(1)(c)2. 2. The designated representative of any source with an affected unit subject to s. NR 409.065 shall submit a complete acid rain portion of an operation permit application, including a complete compliance plan for NOx emissions covering the unit, in accordance with par. (d) and with the deadlines in subd. 1.

NR 409.08(1)(d) (d) Number of copies.

NR 409.08(1)(d)1. 1. The original and 3 copies of all permit applications shall be submitted to the department.

NR 409.08(1)(d)2. 2. The original and 3 copies of the compliance plan for NOx emissions for Phase II shall be submitted to the department, and one copy of the compliance plan for NOx emissions submitted to U.S. EPA headquarters, acid rain division.

NR 409.08(1)(e) (e) Multiple applications. Where 2 or more affected units are located at a source, the department may allow the designated representative of the source to submit, under par. (a) or (c), 2 or more acid rain portions of operation permit applications covering the units at the source, provided that each affected unit is covered by one and only one application.

NR 409.08 Note Note: Application forms may be obtained from the regional offices of the department or from the Wisconsin Department of Natural Resources, Bureau of Air Management, PO Box 7921, Madison WI 53707-7921, Attention: Operation permits.

NR 409.08(2) (2) Information requirements for the acid rain portion of operation permit applications. A complete acid rain portion of an operation permit application shall be submitted on a form approved by the department and shall include the following elements:

NR 409.08(2)(a) (a) Identification of the affected source for which the acid rain portion of the permit application is submitted.

NR 409.08(2)(b) (b) Identification of each affected unit, except for an opt-in unit, at the source for which the acid rain portion of the permit application is submitted.

NR 409.08(2)(c) (c) A complete compliance plan for each unit, in accordance with s. NR 409.09.

NR 409.08(2)(d) (d) The standard requirements under s. NR 409.06.

NR 409.08(2)(e) (e) If the unit is a new unit, the date that the unit has commenced or shall commence operation and the deadline for monitor certification under 40 CFR part 75.

NR 409.08(2)(f) (f) If the unit is subject to s. NR 409.065, the following information:

NR 409.08(2)(f)1. 1. Identification of each affected unit that is at the source and is subject to s. NR 409.065.

NR 409.08(2)(f)2. 2. Identification of the boiler type of each unit.

NR 409.08(2)(f)3. 3. Identification of the compliance option proposed for each unit, including meeting the applicable emissions limitation under s. NR 409.065 (2), (3) or (4), (5) (early election), (6) (alternative emission limitation), or (7) (NOx emissions averaging), and any additional information required for the appropriate option in accordance with s. NR 409.065.

NR 409.08(2)(f)4. 4. The compliance certification statements required of the designated representative in accordance with s. NR 409.07 (1) (b) and (c).

NR 409.08(3) (3) Permit application shield and binding effect of permit application.

NR 409.08(3)(a) (a)

NR 409.08(3)(a)1. 1. Once a designated representative submits a timely and complete acid rain portion of an operation permit application, the owners and operators of the affected source and the affected units covered by the permit application shall be deemed in compliance with the requirement to have an acid rain portion of an operation permit under ss. NR 409.06 (1) (b) and 409.08 (1) (a).

NR 409.08(3)(a)2. 2. After an application for an operation permit has been initially deemed complete, the department may require additional information, including other information than that requested on the application forms, as needed to process the application. The department shall specify, in writing, a reasonable time period, of not less than 30 days, for the applicant to submit the requested information. The applicant may request and the department may grant a reasonable extension of the time period to submit the requested information. If the applicant does not supply the information requested by the date specified, the authorization for an existing source to operate under s. 285.62 (8), Stats., no longer applies to the source.

NR 409.08(3)(b) (b) Prior to the date on which an acid rain portion of a permit is issued or denied, an affected unit governed by and operated in accordance with the terms and requirements of a timely and complete acid rain portion of an operation permit application shall be deemed to be operating in compliance with the acid rain program.

NR 409.08(3)(c) (c) A complete acid rain portion of an operation permit application shall be binding on the owners and operators and the designated representative of the affected source and the affected units covered by the permit application and shall be enforceable as an acid rain portion of an operation permit from the date of submission of the permit application until the issuance or denial of the acid rain portion of an operation permit covering the units.