Chapter NR 409

NR 409.12(4)(a)12. 12. The addition of an exemption for which the requirements have been met under 40 CFR 72.7 or 72.8 or which was approved by the department under s. NR 409.055.

NR 409.12(4)(a)13. 13. When an EPA issued phase I acid rain portion of an operation permit is revised by EPA as a permit modification under 40 CFR 72.81, the revision to the department issued portion of an operation permit.

NR 409.12(4)(a)14. 14. Incorporation of changes that the administrator has determined to be similar to those listed in subds. 1. to 12.

NR 409.12(4)(b) (b)

NR 409.12(4)(b)1. 1. Requests for administrative revisions shall be processed in accordance with s. NR 407.11 (3) and (4). The department shall take final action on a request for the addition of an alternative emissions limitation demonstration period within 90 days of receipt of the requested revision and may take action without providing prior public notice.

NR 409.12(4)(b)2. 2. The department may, on its own motion, make an administrative permit revision under par. (a) 3., 4., 11. or 12. at least 30 days after providing notice to the designated representative of the revision and without providing any other public notice.

NR 409.12(4)(c) (c) The department shall designate the permit revision under par. (b) as having been made as an administrative permit revision. The department shall submit the revised portion of the permit to the administrator.

NR 409.12(4)(d) (d) The provisions for review by the administrator and affected states applicable to a significant permit revision under sub. (2) do not apply to an administrative permit revision.

NR 409.12(5) (5) Automatic permit revisions. The following permit revisions shall be deemed to revise automatically, and become a part of, the affected source’s permit by operation of law without any further action or review by the department:

NR 409.12(5)(a) (a) Upon recordation by the administrator under 40 CFR 73.10 to 73.53, all allowance allocations to transfers to, and deductions from an affected source’s allowance tracking system account.

NR 409.12(5)(b) (b) Incorporation of an offset plan that has been approved by the administrator under 40 CFR 77.4.

NR 409.12(6) (6) Permit revisions by the department.

NR 409.12(6)(a) (a)

NR 409.12(6)(a)1. 1. The department, on its own motion, shall revise an acid rain provision of an operation permit whenever any of the following occurs:

NR 409.12(6)(a)1.a. a. Any additional requirement under the acid rain program becomes applicable to any affected source governed by the permit.

NR 409.12(6)(a)1.b. b. The department determines that the permit contains a material mistake or that an inaccurate statement was made in establishing the emissions standards or other terms or conditions of the permit, unless the mistake or statement is corrected in accordance with sub. (4).

NR 409.12(6)(a)1.c. c. The department determines that the permit must be revised or revoked to assure compliance with acid rain program requirements.

NR 409.12(6)(a)2. 2. No later than January 1, 1999, the department shall revise any permits of affected sources to add the acid rain program nitrogen oxides requirements, consistent with 40 CFR part 76, provided that the designated representative of the affected source submits a timely and complete acid rain portion of an operation permit application for nitrogen oxides, in accordance with 40 CFR 72.21. The revision may not affect the duration of the acid rain portion of an operation permit.

NR 409.12(6)(b) (b) Permit revisions under this subsection shall be processed in accordance with s. NR 407.14 (3) and (4). When revising a permit to an affected source under this subsection, the department shall make a determination on the approvability of a revised permit which would change the provisions, or add the requirements, for which the reopening was necessary. The revised permit shall contain the following elements:

NR 409.12(6)(b)1. 1. All elements required for acid rain permit content under 40 CFR 72.50.

NR 409.12(6)(b)2. 2. The applicable acid rain emissions limitation for sulfur dioxide.

NR 409.12(6)(b)3. 3. The applicable acid rain emissions limitation for nitrogen oxides.

NR 409.12 History History: Cr. Register, December, 1993, No. 456, eff. 1-1-94; renum. from NR 407.17 and am. (1) (a), (d), (e), (2) (a) (intro.), (d), (3) (a), (4) (a) 1. a., 6. b., (b), cr. (4) (a) 11., 12., Register, April, 1995, eff. 5-1-95; renum. (4) (a) 11. and 12. to be (4) (a) 13. and 14., am. (1) (a), (c) (d), (e), (3) (c), (4) (a) 10., 14., and (6) (a) 2., cr. (1) (g), (4) (a) 11., 12., (4) (c) and (d), r. and recr. (4) (b) and (6) (a) 1., Register, November, 1999, No. 527, eff. 12-1-99.

NR 409.13 NR 409.13 Compliance certification.

NR 409.13(1) (1) Annual compliance certification report.

NR 409.13(1)(a) (a) Applicability and deadline. For each calendar year in which a unit is subject to the acid rain emissions limitations, the designated representative of the source at which the unit is located shall submit to the administrator and to the department, within 60 days after the end of the calendar year, an annual compliance certification report for the unit in compliance with 40 CFR 72.90. For the purpose of determining compliance with the acid rain emissions limitations and reduction requirements, total tons for a year shall be calculated as the sum of all recorded hourly emissions, or the tonnage equivalent of the recorded hourly emissions rates, in accordance with 40 CFR part 75, with any remaining fraction of a ton equal to or greater than 0.50 ton deemed to equal one ton and any fraction of a ton less than 0.50 ton deemed not to equal any ton.

NR 409.13(1)(b) (b) Satisfying other requirements. The submission of complete compliance certifications in accordance with par. (a) and 40 CFR part 75 shall be deemed to satisfy the requirement to submit compliance certifications under this chapter and chs. NR 406 and 407 with regard to the acid rain portion of the source’s operation permit.

NR 409.13(2) (2) Units with repowering extension plans.

NR 409.13(2)(a) (a) Design and engineering and contract requirements. No later than January 1, 2000, the designated representative of a unit governed by an approved repowering plan shall submit to the administrator and the department:

NR 409.13(2)(a)1. 1. Satisfactory documentation of a preliminary design and engineering effort.

NR 409.13(2)(a)2. 2. A binding letter agreement for the executed and binding contract, or for each in a series of executed and binding contracts, for the majority of the equipment to repower the unit using the technology conditionally-approved by the administrator under 40 CFR 72.44 (d) (3).

NR 409.13(2)(a)3. 3. The letter agreement under subd. 2. shall be signed and dated by each party and specify:

NR 409.13(2)(a)3.a. a. The parties to the contract;

NR 409.13(2)(a)3.b. b. The date each party executed the contract;

NR 409.13(2)(a)3.c. c. The unit to which the contract applies;

NR 409.13(2)(a)3.d. d. A brief list identifying each provision of the contract;

NR 409.13(2)(a)3.e. e. Any dates to which the parties agree, including construction completion date;

NR 409.13(2)(a)3.f. f. The total dollar amount of the contract; and

NR 409.13(2)(a)3.g. g. A statement that a copy of the contract is on site at the source and shall be submitted upon written request of the administrator or the department.

NR 409.13(2)(b) (b) Removal from operation to repower. The designated representative of a unit governed by an approved repowering plan shall notify the administrator and the department in writing at least 60 days in advance of the date on which the existing unit is to be removed from operation so that the qualified repowering technology can be installed, or is to be replaced by another unit with the qualified repowering technology, in accordance with the plan.

NR 409.13(2)(c) (c) Commencement of operation. Not later than 60 days after the unit repowered under an approved repowering plan commences operation at full load, the designated representative of the unit shall submit a report to the administrator and the department comparing the actual hourly emissions and percent removal of each pollutant controlled at the unit to the actual hourly emissions and percent removal at the existing unit under the plan prior to repowering, determined in accordance with 40 CFR part 75.

NR 409.13(2)(d) (d) Decision to terminate. If at any time before the end of the repowering extension and before completion of construction and startup testing, the owners and operators decide to terminate good faith efforts to design, construct and test the qualified repowering technology on the unit to be repowered under an approved repowering plan, then the designated representative shall submit a notice to the administrator and the department by the earlier of the end of the repowering extension or a date within 30 days of the decision, stating the date on which the decision was made.

NR 409.13 History History: Cr. Register, April, 1995, No. 472, eff. 5-1-95.