Chapter NR 428

Register August 2009 No. 644

Chapter NR 428

CONTROL OF NITROGEN COMPOUND EMISSIONS

NR 428.01   Applicability; purpose.

NR 428.02   Definitions.

NR 428.03   General limitations.

Subchapter I — NOx Emissions Performance Program General Provisions

NR 428.04   Requirements and performance standards for new or modified sources.

NR 428.05   Requirements and performance standards for existing sources.

NR 428.055   Alternatives.

Subchapter II — NOx Emissions Performance Program Compliance Provisions

NR 428.06   Determination of compliance.

Subchapter III — NOx Emissions Performance Program Monitoring And Reporting Provisions

NR 428.07   General requirements.

NR 428.08   Specific provisions for monitoring NOx and heat input for the purpose of calculating NOx emissions.

NR 428.09   Quarterly reports.

NR 428.10   Petitions.

NR 428.11   Additional requirements to provide heat input data.

NR 428.12   Alternative monitoring, recordkeeping and reporting.

Subchapter IV — NOX Reasonably Available Control Technology Requirements

NR 428.20   Applicability and purpose.

NR 428.21   Emissions unit exceptions.

NR 428.22   Emission limitation requirements.

NR 428.23   Demonstrating compliance with emission limitations.

NR 428.24   Recordkeeping and reporting.

NR 428.25   Alternative compliance methods and approaches.

NR 428.255   Compliance schedule.

NR 428.26   Utility reliability waiver.

Ch. NR 428 Note Note: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1996, No. 492. Corrections in NR 428.04 to 428.08 made under s. 13.93 (2m) (b) 7., Stats., Register, January, 2001, No. 541.

NR 428.01 NR 428.01 Applicability; purpose.

NR 428.01(1) (1) Applicability. This chapter applies to all air contaminant sources which emit nitrogen compounds and to their owners and operators. All references to the code of federal regulations in this chapter mean those parts or provisions as in effect on February 1, 2001, except that in the case of CFR appendices incorporated by reference in ch. NR 484, if a more recent date is specified in the applicable section of ch. NR 484, that date shall apply.

NR 428.01(2) (2) Purpose. This chapter is adopted under ss. 285.11, 285.13 and 285.17, Stats., to categorize nitrogen compound air contaminant sources and to establish emission limitations and other requirements for these sources in order to protect air quality.

NR 428.01 History History: Cr. Register, September, 1986, No. 369, eff. 10-1-86; am. (1), Register, May, 1992, No. 437, eff. 6-1-92; am. Register, January, 2001, No. 541, eff. 2-1-01.

NR 428.02 NR 428.02 Definitions. The definitions contained in ch. NR 400 apply to the terms used in this chapter. In addition, the following definitions apply to the terms used in this chapter:

NR 428.02(1) (1) “Biologically derived gaseous fuel” means a gaseous fuel resulting from biological processing of a carbon-based feedstock.

NR 428.02(1m) (1m) “Capacity factor” means one of the following:

NR 428.02(1m)(a) (a) The ratio of a unit’s actual electric output (expressed in MWe-hr) to the unit’s nameplate capacity times the unit’s potential hours of operation. The potential hours of operation on an annual basis are 8,760 hours, and on an ozone season basis are 3,672 hours.

NR 428.02(1m)(b) (b) The ratio of a unit’s heat input (in million Btu or equivalent units of measure) to the unit’s maximum design heat input (in million Btu per hour or equivalent units of measure) times the unit’s potential hours of operation.

NR 428.02(2) (2) “Combined cycle system” means a system comprised of one or more combustion turbines, heat recovery steam generators and steam turbines configured to improve overall efficiency of electricity generation or steam production.

NR 428.02(3) (3) “Combustion controls” has the meaning given in s. NR 409.02 (21m).

NR 428.02(4) (4) “Combustion optimization” means those activities necessary to maximize combustion efficiency while minimizing NOx emissions, including but not limited to the following: burner adjustments, fuel conditioning, fuel flow improvements, furnace design modifications and the application of combustion controls.

NR 428.02(5) (5) “Combustion turbine” means an enclosed fossil or other fuel-fired device that is comprised of a compressor, a combustor and a turbine, and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine.

NR 428.02(6) (6) “Commencement of operation” means the beginning of any mechanical, chemical or electronic process, including, with regard to a unit, startup of a unit’s combustion chamber.

NR 428.02(6m) (6m) “Integrated gasification process” means a high temperature process in which gaseous fuel is produced onsite from a carbon-based feedstock.

NR 428.02(7) (7) “Kraft recovery boiler” means “recovery furnace”, as defined in s. NR 440.45 (2) (L).

NR 428.02(7e) (7e) “Maximum theoretical emissions” means the quantity of NOx emissions that theoretically could be emitted by a stationary source without consideration of control devices based on the design capacity or maximum production capacity of the source and 8,760 hours of operation per year. When appropriate, and upon request by the source owner or operator, maximum theoretical emissions may be limited by the imposition of conditions in a federally enforceable permit. The conditions shall be used in place of design capacity or maximum production capacity in calculating the maximum theoretical emissions for the source and may include, among other things, the establishment of production limitations, capacity limitations, or limitations on the hours of operation of any emission source, or a combination of any limitations. Production or capacity limitations shall be established on the basis of no longer than one month and may allow for averaging for up to 12 consecutive months.

NR 428.02(7i) (7i) “Primary fuel” means the fuel types that provide the greatest amount of heat input, in terms of mmBtu, to a combustion unit. A combustion unit may have more than one primary fuel.

NR 428.02(7m) (7m) “Process heater” means an enclosed device using controlled flame, that is not a boiler, and that has a primary purpose 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 may not include combustion equipment where the material being heated is in direct contact with the products of combustion, such as furnaces or kilns, any unfired waste heat recovery heater or units used for comfort heat or space heat, food preparation for onsite consumption, or autoclaves.

NR 428.02(7p) (7p) “Secondary fuel” means any fuel that is not a primary fuel.

NR 428.02(7u) (7u) “Simple cycle stationary combustion turbine” means any stationary combustion turbine that does not recover heat from the stationary combustion turbine exhaust gases.

NR 428.02(7w) (7w) 

NR 428.02(7w)(a) (a) “Supply interruption” or “curtailment” means a period of time during which the supply of primary fuel to an emissions unit is reduced for reasons beyond the control of the facility.

NR 428.02(7w)(b) (b) “Supply interruption” or “curtailment” may not result from an increase in the cost or unit price of the primary fuel.

NR 428.02(8) (8) “Unit” means a solid fuel-fired or fossil fuel-fired combustion device.

NR 428.02 History History: Cr. (intro.), renum. from NR 154.01 (122), Register, September, 1986, No. 369, eff. 10-1-86; am. (intro.), r. (1), Register, June, 1993, No. 450, eff. 7-1-93; am. (intro.), cr. (1) to (8), Register, January, 2001, No. 541, eff. 2-1-01; CR 02-076: cr. (6m) Register November 2002 No. 563, eff. 12-1-02; CR 03-049: renum. (1) to be (1m), cr. (1) Register December 2003 No. 576, eff. 1-1-04; CR 07-016: cr. (7m) Register July 2007 No. 619, eff. 8-1-07; CR 08-103: cr. (7e) Register August 2009 No. 644, eff. 9-1-09; CR 23-017: cr. (7i), (7p), (7u), (7w) Register March 2024 No. 819, eff. 4-1-24.

NR 428.03 NR 428.03 General limitations. No person may cause, allow or permit nitrogen oxides or nitrogen compounds to be emitted to the ambient air which substantially contribute to the exceeding of an air standard or cause air pollution.

NR 428.03 History History: Renum. from NR 154.15 (1), Register, September, 1986, No. 369, eff. 10-1-86; am. Register, May, 1992, No. 437, eff. 6-1-92.