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NR 440.18(3)(a)(a) Flares shall be designed for and operated with no visible emissions as determined by the methods specified in sub. (6), except for periods not to exceed a total of 5 minutes during any 2 consecutive hours.
NR 440.18(3)(b)(b) Flares shall be operated with a flame present at all times, as determined by the methods specified in sub. (6).
NR 440.18(3)(c)(c) Flares shall be used only with the net heating value of the gas being combusted being 11.2 MJ/scm (300 Btu/scf) or greater if the flare is steam-assisted or air-assisted; or with the net heating value of the gas being combusted being 7.45 MJ/scm (200 Btu/scf) or greater if the flare is nonassisted. The net heating value of the gas being combusted shall be determined by the methods specified in sub. (6).
NR 440.18(3)(d)1.1. Steam-assisted and nonassisted flares shall be designed for and operated with an exit velocity, as determined by the methods specified in sub. (6) (d), less than 18.3 m/sec (60 ft/sec), except as provided in subds. 2. and 3.
NR 440.18(3)(d)2.2. Steam-assisted and nonassisted flares designed for and operated with an exit velocity, as determined by the methods specified in sub. (6) (d), equal to or greater than 18.3 m/sec (60 ft/sec) but less than 122 m/sec (400 ft/sec) are allowed if the net heating value of the gas being combusted is greater than 37.3 MJ/scm (1,000 Btu/scf).
NR 440.18(3)(d)3.3. Steam-assisted and nonassisted flares designed for and operated with an exit velocity, as determined by the methods specified in sub. (6) (d), less than the velocity, Vmax, as determined by the method specified in sub. (6) (e), and less than 122 m/sec (400 ft/sec) are allowed.
NR 440.18(3)(e)(e) Air-assisted flares shall be designed and operated with an exit velocity less than the velocity, Vmax, as determined by the method specified in sub. (6) (f).
NR 440.18(3)(f)(f) Flares used to comply with this section shall be steam-assisted, air-assisted, or nonassisted.
NR 440.18(4)(4)Owners or operators of flares used to comply with the provisions of this section shall monitor these control devices to ensure that they are operated and maintained in conformance with their designs. Applicable sections below provide provisions stating how owners or operators of flares shall monitor these control devices.
NR 440.18(5)(5)Flares used to comply with provisions of this section shall be operated at all times when emissions may be vented to them.
NR 440.18(6)(a)(a) Method 22 of Appendix A, 40 CFR part 60, incorporated by reference in s. NR 440.17 (1), shall be used to determine the compliance of flares with the visible emission provisions of this section. The observation period is 2 hours and shall be used according to Method 22.
NR 440.18(6)(b)(b) The presence of a flare pilot flame shall be monitored using a thermocouple or any other equivalent device to detect the presence of a flame.
NR 440.18(6)(c)(c) The net heating value of the gas being combusted in a flare shall be calculated using the following equation:
where:
HT is the net heating value of the sample, MJ/scm; where the net enthalpy per mole of offgas is based on combustion at 25°C and 700 mm Hg, but the standard temperature for determining the volume corresponding to one mole is 20°C;
K is the conversion constant, 1.740 × 10-7
where the standard temperature for (g-mole)/scm is 20°C;
Ci is the concentration of sample component i in ppm on a wet basis, as measured for organics by Method 18 in 40 CFR part 60, Appendix A, incorporated by reference in s. NR 440.17 (1), and measured for hydrogen and carbon monoxide by ASTM D1946-90, incorporated by reference in s. NR 440.17 (2) (a) 24.
Hi is the net heat of combustion of sample component i, kcal/(g-mole) at 25°C and 760 mm Hg. The heats of combustion may be determined using ASTM D2382-88 or D4809-95, incorporated by reference in s. NR 440.17 (2) (a) 30. and 61., if published values are not available or cannot be calculated.
NR 440.18(6)(d)(d) The actual exit velocity of a flare shall be determined by dividing the volumetric flow rate (in units of standard temperature and pressure), as determined as appropriate by Reference Method 2, 2A, 2C, or 2D of Appendix A, 40 CFR part 60, incorporated by reference in s. NR 440.17, by the unobstructed (free) cross sectional area of the flare tip.
NR 440.18(6)(e)(e) The maximum permitted velocity, Vmax, for flares complying with sub. (3) (d) 3. shall be determined by the following equation:
Log10 (Vmax) = (HT + 28.8)/31.7
where:
Vmax is the maximum permitted velocity, m/sec
28.8 = constant
31.7 = constant
HT is the net heating value as determined in par. (c)
NR 440.18(6)(f)(f) The maximum permitted velocity, Vmax , for air-assisted flares shall be determined by the following equation:
Vmax = 8.706 + 0.7084 (HT)
where:
Vmax is the maximum permitted velocity, m/sec
8.706 = constant
0.7084 = constant
HT is the net heating value as determined in par. (c)
NR 440.18 HistoryHistory: Cr. Register, September, 1990, No. 417, eff. 10-1-90; am. (6) (a), (c), (e) and (f), Register, July, 1993, No. 451, eff. 8-1-93; am. (6) (c), Register, December, 1995, No. 480, eff. 1-1-96; CR 06-109: am. (6) (a) and (c) Register May 2008 No. 629, eff. 6-1-08.
NR 440.185NR 440.185General notification and reporting requirements.
NR 440.185(1)(1)For the purposes of this chapter, time periods specified in days shall be measured in calendar days, even if the word ‘calendar’ is absent, unless otherwise specified in an applicable requirement.
NR 440.185(2)(2)For the purposes of this chapter, if an explicit postmark deadline is not specified in an applicable requirement for the submittal of a notification, application, report or other written communication, the owner or operator shall postmark the submittal on or before the number of days specified in the applicable requirement. For example, if a notification is required to be submitted 15 days before a particular event is scheduled to take place, the notification shall be postmarked on or before 15 days preceding the event; likewise, if a notification is required to be submitted 15 days after a particular event takes place, the notification shall be delivered or postmarked on or before 15 days following the end of the event. The use of reliable non-government mail carriers that provide indications of verifiable delivery of information required to be submitted, similar to the postmark provided by the U.S. Postal Service, or alternative means of delivery, including the use of electronic media, agreed to by the department, is acceptable.
NR 440.185(3)(3)Notwithstanding time periods or postmark deadlines specified in this chapter for the submittal of information by an owner or operator, or the review of submitted information by the department, time periods or deadlines may be changed by mutual agreement between the owner or operator and the department according to procedures in sub. (6).
NR 440.185(4)(4)If an owner or operator of an affected facility is required to submit periodic reports under this chapter, and is also subject to periodic reporting requirements having the same reporting frequency under another chapter, the owner or operator may change the dates by which periodic reports under this chapter are submitted, without changing the frequency of reporting, to coincide with the other reporting schedule by mutual agreement between the owner or operator and the department according to procedures in sub. (6). This provision applies beginning one year after the affected facility is required to be in compliance with this chapter.
NR 440.185(5)(5)If an owner or operator supervises one or more stationary sources affected by standards under this chapter and standards under either 40 CFR part 61 or 63, the owner or operator may arrange by mutual agreement between the owner or operator and the department, according to procedures in sub. (6), a common schedule on which periodic reports required by each applicable standard shall be submitted throughout the year. This provision applies beginning one year after the stationary source is required to be in compliance with this chapter, or one year after the stationary source is required to be in compliance with the applicable standard in 40 CFR part 61 or 63, whichever is latest.
NR 440.185(6)(a)(a) Until an adjustment of a time period or postmark deadline has been approved by the department under par. (c) or (d), the owner or operator of an affected facility remains strictly subject to the requirements of the applicable section.
NR 440.185(6)(b)(b) An owner or operator shall request the adjustment provided for in par. (c) or (d) for each change of an applicable time period or postmark deadline specified in this chapter.
NR 440.185(6)(c)(c) Notwithstanding time periods or postmark deadlines specified in this chapter for submittal of information, or the review of information by the department, time periods or postmark deadlines may be changed by mutual agreement between the owner or operator and the department. An owner or operator wishing to request a change in a time period or postmark deadline for a particular requirement shall request the adjustment in writing as soon as practicable before the subject activity is required to take place. The owner or operator shall include in the request whatever information is considered useful to convince the department that an adjustment is warranted.
NR 440.185(6)(d)(d) If, in the department’s judgement, an owner or operator’s request for an adjustment to a particular time period or postmark deadline is warranted, the department shall approve the adjustment. The department shall notify the owner or operator in writing of approval or disapproval of the request for an adjustment within 15 calendar days of receiving sufficient information to evaluate the request.
NR 440.185(6)(e)(e) If the department is unable to meet a specified deadline, the department shall notify the owner or operator of any significant delay and inform the owner or operator of the amended schedule.
NR 440.185 HistoryHistory: CR 06-109: cr. Register May 2008 No. 629, eff. 6-1-08.
subch. II of ch. NR 440Subchapter II — Standards of Performance
NR 440.19NR 440.19Fossil-fuel-fired steam generators for which construction is commenced after August 17, 1971.
NR 440.19(1)(1)Applicability and designation of affected facility.
NR 440.19(1)(a)(a) The affected facilities to which the provisions of this section apply are:
NR 440.19(1)(a)1.1. Each fossil-fuel-fired steam generating unit of more than 73 megawatts heat input rate (250 million Btu per hour).
NR 440.19(1)(a)2.2. Each fossil-fuel and wood-residue-fired steam generating unit capable of firing fossil fuel at a heat input rate of more than 73 megawatts (250 million Btu per hour).
NR 440.19(1)(b)(b) Any change to an existing fossil-fuel-fired steam generating unit to accommodate the use of combustible materials other than fossil fuels as defined in this section does not bring that unit under the applicability of this section.
NR 440.19(1)(c)(c) Except as provided in par. (d), any facility under par. (a) that commenced construction or modification after August 17, 1971, is subject to the requirements of this section.
NR 440.19(1)(d)(d) The requirements of subs. (5) (a) 4. and 5., (b) and (d), and (6) (f) 4. f. are applicable to lignite-fired steam generating units that commenced construction or modification after December 22, 1976.
NR 440.19(1)(e)(e) Any facility covered under s. NR 440.20 is not covered under this section.
NR 440.19(2)(2)Definitions. As used in this section, terms not defined in this subsection have the meanings given in s. NR 440.02.
NR 440.19(2)(a)(a) “Coal” means all solid fuels classified as anthracite, bituminous, subbituminous, or lignite by ASTM D388-99 (reapproved 2004), incorporated by reference in s. NR 440.17 (2) (a) 12.
NR 440.19(2)(b)(b) “Coal refuse” means waste-products of coal mining, cleaning and coal preparation operations (e.g. culm, gob, etc.) containing coal, matrix material, clay and other organic and inorganic material.
NR 440.19(2)(c)(c) “Fossil fuel” means natural gas, petroleum, coal and any form of solid, liquid or gaseous fuel derived from such materials for the purpose of creating useful heat.
NR 440.19(2)(d)(d) “Fossil-fuel and wood-residue-fired steam generating unit” means a furnace or boiler used in the process of burning fossil fuel and wood residue for the purpose of producing steam by heat transfer.
NR 440.19(2)(e)(e) “Fossil-fuel-fired steam generating unit” means a furnace or boiler used in the process of burning fossil fuel for the purpose of producing steam by heat transfer.
NR 440.19(2)(f)(f) “Wood residue” means bark, sawdust, slabs, chips, shavings, mill trim and other wood products derived from wood processing and forest management operations.
NR 440.19(3)(3)Standard for particulate matter.
NR 440.19(3)(a)(a) On and after the date on which the performance test required to be conducted by s. NR 440.08 is completed, no owner or operator subject to the provisions of this section may cause to be discharged into the atmosphere from any affected facility any gases which:
NR 440.19(3)(a)1.1. Contain particulate matter in excess of 43 nanograms per joule heat input (0.10 lb per million Btu) derived from fossil fuel or fossil fuel and wood residue.
NR 440.19(3)(a)2.2. Exhibit greater than 20% opacity except for one 6-minute period per hour of not more than 27% opacity.
NR 440.19(4)(4)Standard for sulfur dioxide.
NR 440.19(4)(a)(a) On and after the date on which the performance test required to be conducted by s. NR 440.08 is completed, no owner or operator subject to the provisions of this section may cause to be discharged into the atmosphere from any affected facility any gases which contain sulfur dioxide in excess of:
NR 440.19(4)(a)1.1. 340 nanograms per joule heat input (0.80 lb per million Btu) derived from liquid fossil fuel or liquid fossil fuel and wood residue.
NR 440.19(4)(a)2.2. 520 nanograms per joule heat input (1.2 lb per million Btu) derived from solid fossil fuel or solid fossil fuel and wood residue.
NR 440.19(4)(b)(b) When different fossil fuels are burned simultaneously in any combination, the applicable standard (in ng/J) shall be determined by proration using the following formula:
in which:
is the prorated standard for sulfur dioxide when burning different fuels simultaneously, in nanograms per joule heat input derived from all fossil fuels fired or from all fossil fuels and wood residue fired
y is the percentage of total heat input derived from liquid fossil fuel
z is the percentage of total heat input derived from solid fossil fuel
NR 440.19(4)(c)(c) Compliance shall be based on the total heat input from all fossil fuels burned, including gaseous fuels.
NR 440.19(5)(5)Standard for nitrogen oxides.
NR 440.19(5)(a)(a) On and after the date on which the performance test required to be conducted by s. NR 440.08 is completed, no owner or operator subject to the provisions of this section may cause to be discharged into the atmosphere from any affected facility any gases which contain nitrogen oxides, expressed as NO2 in excess of:
NR 440.19(5)(a)1.1. 86 nanograms per joule heat input (0.20 lb per million Btu) derived from gaseous fossil fuel.
NR 440.19(5)(a)2.2. 129 nanograms per joule heat input (0.30 lb per million Btu) derived from liquid fossil fuel, liquid fossil fuel and wood residue, or gaseous fossil fuel and wood residue.
NR 440.19(5)(a)3.3. 300 nanograms per joule heat input (0.70 lb per million Btu) derived from solid fossil fuel or solid fossil fuel and wood residue (except lignite or a solid fuel containing 25%, by weight, or more of coal refuse).
NR 440.19(5)(a)4.4. 260 nanograms per joule heat input (0.60 lb per million Btu) derived from lignite or lignite and wood residue, except as provided under subd. 5.
NR 440.19(5)(a)5.5. 340 nanograms per joule heat input (0.80 lb per million Btu) derived from lignite which is mined in North Dakota, South Dakota or Montana and which is burned in a cyclone-fired unit.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.